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2005 09-26 City Council Packet
AMENDED AGENDA (Amended 09121105) MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 26, 2005 Council Chambers, City Hall Meeting No. 05 -20 A. CALL TO ORDER 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. I then will direct staff, as appropriate, to answer questions or respond to comments." 1 �e1 > >: Z 6] 9eTIlw a] a � r � I I .11 b d *` Minutes from the City Council Manager /Workshop- September 12, 2005 Minutes from the City Council Meeting- September 12, 2005 Minutes from the Special City Council Meeting- September 15, 2005 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS 1�8161.69=1. III W- 1w=1.117-11 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. Approval of Claims Jensen Estates Final Plat (Hoyt Avenue, east of McKnight Road) Donation to Police K -9 Program Award Contract for 2005 -2006 Winter Sand Hazelwood Street Improvements — City Project 03 -39 — Approve Supplemental Agreement #1 County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02 -07 — Approve Purchase Agreement with Xcel Energy and Revision to Option Agreement for Resale of Property County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02 -07 — Approve Joint Powers Agreement with Ramsey County for Bruce Vento Trail Improvements Lift Station #18 Rehabilitation Project — City Project 05 -29 — Authorize Project for 2006 Program Second Reading— Ordinance Change Fee Waivers 17 411111[am711e1N1.[4.1 IATJ/e1 N eZa]0 -1IIR Award of Bid — Ambulance (Report will be distributed at the meeting.) UNFINISHED BUSINESS I:�.I ArJI - 111.1I.I * *` 1. Khushvinder Singh — Off -Sale Intoxicating Liquor License — A -1 Liquor Store 2. K and W Roll -offs (1055 Gervais Avenue) a. Conditional Use Permit (Outdoor Storage) b. Conditional Use Permit (Commercial Building within 350 feet of residential district) C. Design Approval 3. Maplewood Business Center Conditional Use Permit (CUP) Reconsideration (1616 Gervais Avenue) 4. Police Department Restructure 5. Gladstone Area Redevelopment Improvements — City Project 04 -21 — Approve Resolution Receiving Alternative Urban Areawide Review (AUAR) and Authorize Distribution for Review 6. Beaver Lake School Drainage, City Project 04 -35 — Approve Agreement with School District 622 Dahl Avenue Street and Utility Improvements for Woodhill Development a. Resolution Ordering Preparation of Assessment Roll b. Resolution Ordering Assessment Hearing Council Vacancy L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. DRAFT A. CALL TO ORDER MINUTES COUNCIL /MANAGER WORKSHOP Monday, September 12, 2005 Council Chambers, City Hall 5:00 p.m. Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present Agenda Item D1 B. ROLL CALL C. APPROVAL OF AGENDA A Councilmember Monahan - Junek moved to approve the agenda as submitted. Seconded by Councilmember Rossbach Ayes-All NEW BUSINESS 1. 5:00 p.m. 2006 Preliminary Levy Proposal City Manager Fursman and Finance Director Faust provided an overview of the 2006 Proposed Tax Levy. Meeting dates were discussed for future Tax Levy Proposal Meetings to be approved at the following Council Meeting. A short break was taken. 2. 6:00 p.m. Fire Relief Association City Manager Fursman provided a brief background on the Fire Relief Association. Ed Fitzgerald, President of the Fire Relief Association, provided further information on the Association and presented a copy of the Bylaw Amendment and Article of Dissolution being discussed. Jon Melander, a Maplewood Firefighter for 25 years, gave further specifics on the Relief Association and responded to council questions. Fire Chief Lukin outlined the recruiting plan for the Fire Department. City Manager Fursman summarized the proposal and recommendation. E. FUTURE TOPICS F. ADJOURNMENT Councilmember Koppen moved to adjourn at 7:00. Seconded by Councilmember Juenemann Ayes-All City Council /Manager Workshop 09 -12 -05 1 DRAFT MINUTES Agenda Item D2 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2005 Council Chambers, City Hall Meeting No. 05 -18 FIN Eli A E X- 111M teP]N11:1:A A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Mayor Cardinal asked everyone to remember the Maplewood and St. Paul residents serving in the military. A moment of silence was held in remembrance of September 11, 2001. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council /Manager Workshop- August 22, 2005 Councilmember Juenemann moved to approve the minutes from the August 22, 2005 Council /Manager Workshop. Seconded by Councilmember Monahan -Junek Ayes -All 2. Minutes from City Council Meeting- August 22, 2005 Councilmember Monahan -Junek moved to approve the minutes from the August 22, 2005 City Council Meeting as presented. Seconded by Councilmember Koppen F-11:2:2 : Z 6 ] T /e1w e ] ye[ H :I ki I BY-11 M1. Deer Meeting South Maplewood M2. Steiner Development M3. Gladstone Redevelopment M4. St. Paul Regional Water Update M5. Myth Update N1. Petition on Edwards Street N2. Roselawn Traffic Ayes-All City Council Meeting 09 -12 -05 1 Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All I as] I. III III Ml=1 . III &91:jN:&I:I. III re 1 %I[a]kiP 1. Financial Planning Week a. City Manager Fursman presented the report b. Mayor Cardinal read the proclamation declaring October 3 to October 9 Financial Planning Week. 2. Dollar Wi$e Week a. City Manager Fursman presented the report b. Mayor Cardinal read the proclamation declaring September 26 to October 1 Dollar Wise Week. 3. County Correction Facility Update a. City Manager Fursman presented the report b. Melinda Coleman presented specifics from the report. C. Art Cavara, superintendent of the correctional facility, provided an update on the facility. G. CONSENT AGENDA Councilmember Monahan -Junek moved to adopt consent agenda items 1 — 6 and 11. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to adopt consent agenda item7. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to adopt consent agenda item8 Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda item 9. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Rossbach moved to adopt consent agenda item 10 and 12. Seconded by Councilmember Koppen Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,575.00 Checks #67734 City Council Meeting 09 -12 -05 2 dated 08/16/05 $ 320,734.44 $ 292,047.84 $ 191,014.06 $ 151,397.39 $ 150.00 $ 609,781.82 $ 324,034.64 $ 1,890,735.19 PAYROLL $ 521,245.94 $ 2,406.75 $ 523,652.69 Checks # 67735 thru #67787 dated 08/23/05 Disbursements via debits to checking account dated 08/12 thru 08/18/05 Checks # 67788 thru #67837 dated 08/26/05 thru 08/30/05 Disbursements via debits to checking account dated 08/19/05 thru 08/25/05 Checks # 67838 dated 08/31/05 Checks # 67839 thru #67888 dated 9/06/05 Disbursements via debits to checking account dated 8/26/05 thru 9/01/05 Total Accounts Payable Payroll Checks and Direct Deposits dated 08/26/05 Payroll Deduction check # 102345 thru # 102347 dated 08/26/05 Total Payroll $ 2,414,387.88 GRAND TOTAL 2 Conditional Use Permit Review — Countryside Motors (1180 Highway 36 East) Approved the 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. 3 Conditional Use Permit Review — Launderville Commercial Vehicles (2194 Van Dyke Street) Approved 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. City Council Meeting 09 -12 -05 3 4. Annual Maplewood Historical Society Payment Authorized the annual $2,000 payment to the Historical Society. 5. Revisions to Landfall Fire Agreement Approved the changes to the Landfall contract agreement for the City of Maplewood to provide fire service to the City of Landfall. 6. Approval of Cisco Equipment Purchase for Storage Area Network Approved the purchase of Cisco Equipment for storage area network. 7. Consider Approval of Temporary Contract for Food Inspection Services Approved to enter into a temporary contract with a licensed inspector to perform food establishment inspection services. 8. Approval of Resolution for DNR Conservation Partners Grant Program Award Adopted the following resolution approving the DNR Conservation Partners Grant Program Award: Applicant Resolution 05 -09 -136 Conservation Partners and Environmental Partnerships BE IT RESOLVED that the City of Maplewood act as the legal sponsor for the Conservation Partners Grant CP05 -005 City Hall Campus 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 the Environmental Manager is hereby authorized to execute the Conservation Partners Grant Agreement CP05 -005 necessary to implement the project on behalf of the City of Maplewood. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Maplewood on September 12, 2005. Approval of Fall Clean -Up Event Scheduled for October 15, 2005 Approved the fall clean -up event for October 15, 2005. 10. Consider Approval of Joint Powers Agreement with City of Oakdale for Joint Sewage System Adopted the changes in the following agreement with the City of Oakdale and approved to file the amended agreement with the Metropolitan Council Environmental Services (MCES) for adjusted billing: City Council Meeting 09 -12 -05 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: 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 City Council Meeting 09 -12 -05 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. 11. Consider Approval of Grading Costs at Larpenteur and Adolphus Authorized 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. 12. Consider Approval of Joint Powers Agreement with City of St. Paul for Joint Sewage System Adopted the following agreement with the City of St. Paul and file the agreement with the Metropolitan Council Environmental Services (MCES) for adjusted billing: 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 then 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 reconveyed 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 City Council Meeting 09 -12 -05 by St. Paul and Maplewood and they hereby mutually agree as follows: 1. St. Paul does hereby grant permission to Maplewood to allow Maplewood Sanitary Sewer Districts 33(S) and 25(S) that currently drain into the interceptor at the locations shown in Exhibit B 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 purpose 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. 3. 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 of sewage treatment, conveyance in MCES interceptors, and related costs in its annual billings. Maplewood and St. 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 St. Paul for its sewage. 5. Maplewood agrees to annually reimburse St. 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 actual flow rates. Exhibit C also tabulates the proportionate mileage of joint -use sanitary sewer on which Maplewood's annual reimbursement to St. Paul is based. City Council Meeting 09 -12 -05 7 6. On or before February 1 of each year, St. Paul shall 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 annual sanitary sewer maintenance cost utilized for the purposes of this agreement, shall be the annual St. Paul Department of Public Works Sewer Maintenance budget ($5,770,568 for 2006), divided by the mileage of sewer within St. 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. 7. Maplewood shall make payment to St. 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 St. Paul based on the percentages of Maplewood's flow as shown in Appendix C for the segments to be reconstructed or replaced. If replacement is needed because Maplewood wishes to convey additional flow, that cost will be paid by Maplewood. 9. This agreement shall be permanently 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 Environmental Services interceptor system within Maplewood become available and obviates the stated purpose of this agreement. 17 411111[am71 *e1N1.[41 None None J. UNFINISHED BUSINESS 1. The Woodlands of Maplewood (McMenemy Street, north of Kingston Avenue) a. Land Use Plan Change (R -1 (single - family residential) to R -2) (single and double dwellings) (4 votes) b. Zoning Map Change (F (farm residence) to R -2 (single and double dwellings) C. Street right -of -way vacation (Edgemont Street, north of Kingston Avenue) d. Conditional use permit (CUP) for a planned unit development (PUD) e. Preliminary plat f. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts and Public Works Director AN presented specifics from the report. City Council Meeting 09 -12 -05 8 C. Chris English, representing Integra Homes, addressed the council. Councilmember Koppen moved to adopt the followina resolution chanaina LAND USE PLAN CHANGE RESOLUTION 05 -09 -137 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: 1. 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. 2. 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. 3. 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. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution changing the zoning map f reasons for this chanae are those reauired by the citv code and because the owner olans to RESOLUTION: ZONING MAP CHANGE OS -09 -138 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). City Council Meeting 09 -12 -05 9 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. 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. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 09 -12 -05 10 Councilmember Koppen moved to adopt the following resolution for the vacation of parts of the Edgemont Street right -of -way, north of Kingston Avenue: STREET VACATION RESOLUTION 05 -09 -139 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: 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 parts 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 part of the Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue for public purposes. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Woodlands: CONDITIONAL USE PERMIT RESOLUTION 05 -09 -140 WHEREAS, Mr. Chris English, representing Integra Homes, applied for a conditional use permit City Council Meeting 09 -12 -05 11 (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. 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: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 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. City Council Meeting 09 -12 -05 12 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. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. 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. 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. (3) Clearly labeled proof of parking spaces that would have a "green surface" or another environmentally friendly design (rather than a bituminous surface). City Council Meeting 09 -12 -05 13 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. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the Woodlands of Maplewood preliminary 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. City Council Meeting 09 -12 -05 14 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. (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. City Council Meeting 09 -12 -05 15 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. (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 City Council Meeting 09 -12 -05 16 MOM (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. 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: City Council Meeting 09 -12 -05 17 a. All homeowners' association documents. 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 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. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to 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: 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 City Council Meeting 09 -12 -05 18 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 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. (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 City Council Meeting 09 -12 -05 19 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. (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. (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. City Council Meeting 09 -12 -05 20 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. 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 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: City Council Meeting 09 -12 -05 21 (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. 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. 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 (CDR13) for final approval. Seconded by Councilmember Rossbach Ayes -All Consolidated Dispatch Financing Options City Manager Fursman presented the report. Finance Director Faust presented specifics from the report. C. David Twa, Ramsey County Manager was present to address questions from the council. No action was taken. K. NEW BUSINESS 1. Intoxicating Liquor License — Huey's Saloon — Donald Huot a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. C. Mr. Huot addressed the council. Councilmember Monahan -Junek moved to deny the intoxicating liquor license for Donald Huot for Huey's Saloon. The facts for denial were based on the criminal background check and records for Mr. Huot. City Council Meeting 09 -12 -05 22 Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann and Monahan -Junek Nay - Councilmember Koppen 2. Set Public Hearing Dates on Proposed 2006 Budget and Property Tax Levy a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. Councilmember Monahan -Junek moved to set the hearing dates for the proposed Budget and r ° ^ — _ _ Seconded by Councilmember Koppen Ayes -All 3. Preliminary Approval of Proposed Tax Levy Payable in 2006 a. City Manager Fursman presented the report. b. City Manager Faust presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution requiring a tax levy of $14.106.370 which is 5% more than 2005: RESOLUTION 05 -09 -141 PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2006 WHEREAS, State law requires thatthe 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 $14,106,370 is hereby given preliminary approval. City Council Meeting 09 -12 -05 23 TAX LEVY FOR 2005 -2006 Seconded by Monahan -Junek Ayes -all 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 City Manager Fursman presented the report. Public Works Director presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving the Memorandum of Agreement with the State of Minnesota Historical Preservation Organization for Railroad Right of Way: City Council Meeting 09 -12 -05 24 Proposed 2005 2006 Change LevV LevV Amount Percent Operations: General Fund $9,769,250 10,738,190 $968,940 9.9% Ambulance Service Fund $382,240 $0 ($382,240) - 100.0% Community Center Operations Fund $0 $39,000 $39,000 N/A Recreation Programs Fund $289,440 $312,380 $22,940 7.9% Operations Total $10,440,930 $11,089,570 $648,640 6.2% Capital Im rovements: C.I.P. Fund $120,710 $0 $120,710 - 100.0% F.T.R. Fund $55,000 $0 $55,000 - 100.0% Park Development Fund $0 $0 $0 N/A Redevelopment Fund $0 $0 $0 N/A Capital Improvements Total $175,710 $0 $175,710 - 100.0% Debt Service: Debt Service Fund $2,818,000 $3,016,800 $198,800 7.1% Totals -All Funds $13,434,640 $14,106,370 $671,730 5.0% Seconded by Monahan -Junek Ayes -all 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 City Manager Fursman presented the report. Public Works Director presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving the Memorandum of Agreement with the State of Minnesota Historical Preservation Organization for Railroad Right of Way: City Council Meeting 09 -12 -05 24 MEMORANDUM OF AGREEMENT 05 -09 -142 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) August 17, 2005 WHEREAS, the Surface Transportation Board (STB)1, 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. 1 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. City Council Meeting 09 -12 -05 25 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 SHPC 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 Interior's 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 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 Seconded by Councilmember Monahan -Junek Ayes -All City Council Meeting 09 -12 -05 26 5. Ordinance Amendment — Fee Waivers (First Reading) City Manager Fursman presented the report. City Clerk Guilfoile presented specifics from the report. Councilmember Koppen moved to approve the first reading of the following ordinance amendment permitting the City Manager or his designee to waive fees for the aforementioned licenses or permits. 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 seansi4 manager or his designee may waive any requirements for payment of a license fee or permit fee for local organizations, non - profits and any-city- sponsored events. Seconded by Councilmember Monahan -Junek Ayes-All Fire Fighter Relief Association City Manager Fursman presented the report. Councilmember Rossbach bylaws to the September 26" City Council Meeting. Seconded by Councilmember Koppen Ayes-All f VAR IN 1101A:j:7:&I:Iki III IFe 1 1I[a]kill Cindy Hall 1596 Grandview Avenue, Maplewood, was present to address the council regarding the situation with the Pioneer Press located at in the property atl600 -1636 Gervais Avenue. M. COUNCIL PRESENTATIONS Deer Meeting South Maplewood — Councilmember Rossbach announced a meeting will be held by the Nature Center staff, at Fire Station #4 at 6:30 p.m. regarding the deer throughout the city and a future sharp shooter hunt. Steiner Development was addressed during visitor presentations. Gladstone Redevelopment — Councilmember Koppen wanted to inform the public that there is no discussion among the council regarding using eminent domain during the Gladstone Redevelopment. City Council Meeting 09 -12 -05 27 4. A St. Paul Regional Water Update was given by Mayor Cardinal 5. The Myth Nightclub Update — Chief Thomalla and Chief Lukin gave an update on the progress of the club and how it is running. N. ADMINISTRATIVE PRESENTATIONS 1. City Manager Fursman announced that Police Officers Flor and Szczepanski will be going to Louisiana to assist the victims of the hurricane and help the city maintain order. Mayor Cardinal moved to accept Jackie Monahan - Junek's resignation from the City Council effective at the closing of the meeting. Seconded by Councilmember Koppen Ayes-All O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 9:47 p.m. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 09 -12 -05 28 MINUTES DRAFT SPECIAL MEETING MAPLEWOOD CITY COUNCIL 5:00 P.M. Thursday, September 15th, 2005 Council Chambers, City Hall Meeting No. 05 -19 B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Will Rossbach, Councilmember Present Present Present Present Others Present: Human Resource Director Le City Clerk Guilfoile D. NEW BUSINESS 1. Canvass of 2005 Primary Election Agenda Item D1 Mayor Cardinal moved to adopt the following resolution accepting the 2005 Primary Election Results: Resolution 05 -09 -143 Canvass of Election RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on September 15, 2005, hereby declares the following results in the September 13, 2005, City Primary Election. MAYOR: Bob Cardinal 643 Richard Cooney 25 Brian Jents 30 Diana Longrie 725 Will Rossbach 771 Diana Longrie and Will Rossbach, being the top two voter getters for the primary election will be on the November 8, 2005 General Election ballot for the office of Mayor. Special Meeting 09 -15 -05 1 DRAFT COUNCIL MEMBER: Rebecca Cave (Cunnien) 796 Erik Hjelle 742 Kathleen A. "Kathy" Juenemann 1,047 Marvin C. Koppen 972 Daniel Sletten 299 Agenda Item D1 Rebecca Cave (Cunnien), Erik Hjelle, Kathleen Juenemann and Marvin Koppen, being the top four voter getters for the primary election will be on the November 8, 2005 General Election ballot for the office of Councilmember. I�e1�aAD1:7.h��1�.f1� Councilmember Koppen moved to adjourn at 5:05 p.m. Seconded by Councilmember Monahan -Junek Ayes -All Special Meeting 09 -15 -05 AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 26, 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: $ 809,787.75 Checks # 67889 thru # 67945 dated 9/09/05 thru 9/13/05 $ 134,548.81 Disbursements via debits to checking account dated 9/02/05 thru 9/08/05 $ 89,460.00 Checks # 67946 thru # 67951 dated 9/12/05 thru 9/14/05 $ 380,856.12 Checks # 67952 thru # 68011 dated 9/20/05 $ 319,813.89 Disbursements via debits to checking account dated 9/09/05 thru 9/15/05 $ 1,734,466.57 Total Accounts Payable PAYROLL $ 472,039.52 Payroll Checks and Direct Deposits dated 9/09/05 $ 2,406.75 Payroll Deduction check # 102459 thru # 102461 dated 9/09/05 $ 474,446.27 Total Payroll $ 2,208,912.84 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 09 -09 and 09 -16 vchlist Check Register Page: 1 09/09/2005 City of Maplewood Check Date Vendor Description /Account Amount 67889 9/9/2005 03472 JASON MYSTIC ENTERTAINMENT INC ENTERTAINMENT FOR FF DINNER 800.00 67890 9/13/2005 03421 3RD LAIR SKATEPARK SKATE CAMP FEES 8/1 - 8/5 1,408.00 SKATEBOARD CAMP FEES 7/25 - 1,408.00 67891 9/13/2005 03466 AQUA ENGINEERING INC PROJ 03 -39 INSTALL IRRIGATION 7,431.20 67892 9/13/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 176.40 67893 9/13/2005 00211 BRAUN INTERTEC CORP. PROJ 02 -08 PROF SRVS THRU 8/12 1,511.50 PROJ 03 -39 PROF SRVS THRU 8/12 5,014.75 67894 9/13/2005 00230 BRYAN ROCK PRODUCTS, INC. MATERIALS FOR SALT /SHED SITE 2,616.93 67895 9/13/2005 02585 CENTRAL INTERNAL MEDICINE LAB TEST 62.73 67896 9/13/2005 00309 COMMISSIONER OF TRANSPORTATION CONCRETE PLANT INSP 399.45 67897 9/13/2005 03473 DAN KRIVIT & ASSOCIATES RECYCLING PROGRAM 1,536.25 67898 9/13/2005 03470 DANNER INC PROJ 05 -10 DAHL AVE PYMT #1 89,478.22 67899 9/13/2005 03467 DARTS WORKPLACE ELDERCARE 400.00 67900 9/13/2005 01401 FIRST STUDENT INC BUS FEE TO OLD LOG THEATRE 282.30 BUS FEE TO CASCADE BAY 8/10 304.35 BUSES TO VALLEY FAIR 8/17 785.00 67901 9/13/2005 00526 FOREST LAKE CONTRACTING INC PROJ 03 -39 HAZELWOOD ST 421,836.91 67902 9/13/2005 03155 HIBBERD, JOSEPH H FOOD INSPECTIONS 1,732.50 67903 9/13/2005 02818 HOFFMAN & MCNAMARA CO STERLING OAKS PARK 132,558.00 PROJ 01 -14 FROST - ENGLISH FINAL 1,565.28 67904 9/13/2005 03464 HUNEKE, JASON JUGGLING SHOW 8/22 350.00 67905 9/13/2005 00483 IDEACOM MID - AMERICA PHONE RELOCATIONS FOR PW 424.94 67906 9/13/2005 00708 IPMA MN CHAPTER ADMIN IPMA LUNCHEON 9/21 10.00 67907 9/13/2005 02830 JAROSCH, JON REIMB FOR WORK BOOTS 49.99 67908 9/13/2005 01894 KELLY & FAWCETT PA PROSECUTION SERVICES - AUG 9,825.00 LEGAL SERVICES - AUG 16,786.81 67909 9/13/2005 03469 KIDOLOGY, LLC PARK & REC GAME REF BOOK 22.37 67910 9/13/2005 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 02 -21 PROF SRVS THRU 7/31 1,566.68 PROJ 04 -21 PROF SRVS THRU 7/31 2,448.60 PROJ 02 -07 PROF SRVS THRU 7/31 7,348.08 PROJ 05 -07 PROF SRVS THRU 7/31 5,500.06 PROJ 05 -10 PROF SRVS THRU 7/31 11,669.71 PROJ 04 -23 PROF SRVS THRU 7/31 1,620.75 67911 9/13/2005 01599 LODMILL, SUZANNE DRAMA CAMP -AUG 1,975.00 67912 9/13/2005 00908 M R P A FOOD TICKETS FOR LYNX GAME 70.00 67913 9/13/2005 03332 MC CARTY, GLEN REIMB FOR BOOKS 126.48 67914 9/13/2005 01946 MEDICA FINANCE DEPT REF MEDICA- I WILSON AMB 474.33 67915 9/13/2005 03468 MILLER, GEOFF PROJ 03 -39 REPAIR IRRIGATION 4,115.00 67916 9/13/2005 01023 MN COUNTY ATTORNEYS ASSN TRAINING 9/22 135.00 67917 9/13/2005 01028 MN STATE TREASURER STAX MONTHLY SURTAX - AUG 3,561.07 67918 9/13/2005 01213 OLSON, JULIE REIMB FOR TUITION & BOOKS 663.34 67919 9/13/2005 00001 ONE TIME VENDOR REF JANE CICCH ESE - SOCCER 55.00 67920 9/13/2005 00001 ONE TIME VENDOR REF KAREN HANSON - SOCCER 50.00 67921 9/13/2005 00001 ONE TIME VENDOR REF CARMAN ALVAREZ - TENNIS 40.00 67922 9/13/2005 00001 ONE TIME VENDOR REF LISA STIFF - SOCCER 40.00 67923 9/13/2005 00001 ONE TIME VENDOR REF LISA DOFFING - SWIMMING 24.50 67924 9/13/2005 00001 ONE TIME VENDOR REF GARY LONETTI - 20.00 67925 9/13/2005 01941 PATRICK GRAPHICS & TROPHIES TROPHIES 95.53 67926 9/13/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 420.25 67927 9/13/2005 01269 PIPE SERVICES CORP PROJ 03 -39 SANITARY SWR INSP 1,230.00 67928 9/13/2005 03152 PRINS, KELLY REIMB FOR SUPPLIES 7.84 2 vchlist Check Register Page: 2 09/09/2005 City of Maplewood Check Date Vendor Description /Account Amount 67929 9/13/2005 01360 REINHART FOODSERVICE 67930 9/13/2005 03446 RICK JOHNSON DEER & BEAVER INC 67931 9/13/2005 03450 RILEY, DETTMANN & KELSEY 67932 9/13/2005 01409 S.E.H. 67933 9/13/2005 01418 SAM'S CLUB DIRECT 67934 9/13/2005 03073 SANDERS WACKER BERGLY INC 67935 9/13/2005 02515 ST CROIX LESSON CENTER 67936 9/13/2005 01823 ST CROIX RECREATION CO INC 67937 9/13/2005 01550 SUMMIT INSPECTIONS 67938 9/13/2005 01572 SYSTEMS SUPPLY, INC. 67939 9/13/2005 01574 T.A. SCHIFSKY & SONS, INC 67940 9/13/2005 02464 US BANK 67941 9/13/2005 03465 VAN KAMPEN, NANCY E 67942 9/13/2005 01734 WALSH, WILLIAM P. 67943 9/13/2005 01750 WATSON CO INC, THE 67944 9/13/2005 02840 XARIS PROPERTIES LLC 67945 9/13/2005 01805 ZIEGLER INC. MERCH FOR RESALE 114.98 MERCH FOR RESALE 143.08 DEAD DEER PICKUP 300.00 CLASSIFICATION STUDY 4,031.50 GENERAL TRANS SRVS - JUL 2,213.78 PROJ 04 -21 PROF SRVS 5/1 THRU 23,677.33 PROJ 04 -21 PROF SRVS - JUL 15.81 PROJ 02 -07 PROF SRVS - JUL 2,309.58 PROJ 04 -22 PROF SRVS - JUL 2,262.53 PROJ 03 -07 PROF SRVS - JUL 10,441.51 NPDES PHASE II MONTHLY SRV 183.75 DAY CAMP SUPPLIES 22.62 PROGRAM SUPPLIES 34.89 DAY CAMP SUPPLIES 93.82 STERLING OAK PARKS 1,255.99 STERLING OAKS PARK 2,414.47 HORSE CAMP INSTRUCTOR 8/1 1,045.00 PLAYGROUND EQUIPMENT 1,730.16 ELECTRICAL INSPECTIONS 3,721.80 HP LASERJET 3700 TONER 163.99 VARIOUS BITUMINOUS 66.16 VARIOUS BITUMINOUS 1,620.30 ASPHALT & BASE MATERIALS 317.01 ACCEPTANCE AND ADMIN FEES 500.00 MUSIKGARTEN INSTRUCTOR FEE 320.00 COMMERCIAL PLUMBING 1,189.35 MERCH FOR RESALE 112.24 PROJ 04 -06 TEMP & PERM 5,961.00 RENTAL OF ROLLER COMPACTOR 1,491.00 57 Checks in this report Total checks : 809,787.75 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee Description Amount 09/01/05 09/02/05 MN State Treasurer Drivers License /Deputy Registrar 19,991.50 09/01/05 09/02/05 MN Dept of Natural Resources DNR electronic licenses 178.50 09/02/05 09/06/05 MN State Treasurer Drivers License /Deputy Registrar 19,866.08 09/06/05 09/07/05 MN State Treasurer Drivers License /Deputy Registrar 20,274.51 09/02/05 09/07/05 US Bank VISA One Card* Purchasing card items 46,986.30 09/07/05 09/08/05 MN State Treasurer Drivers License /Deputy Registrar 21,429.75 09/02/05 09/08/05 Elan Financial Services* Purchasing card items 5,822.17 TOTAL 134,548.81 *Detailed listing of VISA purchases is attached. 53 Transaction Review For transactions posted between 8/20/2005 to 9/2/2005 Posting Date Merchant Name Trans Amount Name 09/02/2005 USPS 2663650015 13.65 BRUCE K ANDERSON 08/22/2005 SUPERAMERICA 4022 Q64 35.4 SCOTT ANDREWS 08/29/2005 LAW ENFORCEMENT TARGETS 42.75 SCOTT ANDREWS 08/31/2005 LAW ENFORCEMENT TARGETS 25.63 SCOTT ANDREWS 09/02/2005 NAPA AUTO PARTS # 28438 7.98 SCOTT ANDREWS 08/22/2005 RAINBOW FOODS 00088526 16.96 MANDY ANZALDI 08/29/2005 ORIENTAL TRADING CO 63.01 MANDY ANZALDI 08/29/2005 CUB FOODS, INC. 6.36 MANDY ANZALDI 09/02/2005 FACTORY CARD OUTLET #284 71.4 MANDY ANZALDI 08/25/2005 LAMETTRY'S COLLISION 1163.6 JOHN BANICK 08/25/2005 LAMETTRY'S COLLISION 882.67 JOHN BANICK 09/02/2005 GRAFIX SHOPPE 452.63 JOHN BANICK 08/22/2005 CONSTRUCTION MIDWEST 1 23.96 JIM BEHAN 08/22/2005 HENRIKSEN ACE HARDWARE 4.04 JIM BEHAN 08/22/2005 SHERWIN WILLIAMS #3127 64.42 JIM BEHAN 08/22/2005 SHERWIN WILLIAMS #3127 9.86 JIM BEHAN 08/25/2005 GOPHER BEARING COMPANY 77.58 JIM BEHAN 08/26/2005 POOLSIDE 660.03 JIM BEHAN 08/26/2005 ELECTRIC MOTOR REPAIR INC 924.84 JIM BEHAN 08/26/2005 MUSKA LIGHTING CENTER 344.28 JIM BEHAN 08/31/2005 BATTERIES PLUS 29.8 JIM BEHAN 09/01/2005 PARK SUPPLY INC 22.94 JIM BEHAN 09/01/2005 HENRIKSEN ACE HARDWARE 62.78 JIM BEHAN 09/02/2005 MUSKA LIGHTING CENTER 346.18 JIM BEHAN 09/01/2005 WEST END SINCLAIR 37.35 OAKLEY BIESANZ 08/24/2005 MILLS FLEET FARM #27 153.31 ROGER BREHEIM 08/25/2005 THE HOME DEPOT 2801 29.81 ROGER BREHEIM 08/25/2005 MILLS FLEET FARM #27 79.76 ROGER BREHEIM 08/26/2005 MENARDS 3059 7.07 ROGER BREHEIM 08/31/2005 WW GRAINGER497 34.48 ROGER BREHEIM 09/02/2005 CUB FOODS, INC. 84.17 ROGER BREHEIM 08/24/2005 MIKES LP GAS INC 98.21 TROY BRINK 08/24/2005 DEX EAST - LOCKBOX 30.1 HEIDI CAREY 08/24/2005 VERIZON DIRECTORIES 81 HEIDI CAREY 08/26/2005 MICHAELS #2744 13.26 HEIDI CAREY 08/31/2005 FEDEX KINKO'S #0617 114.81 HEIDI CAREY 09/01/2005 FACTORY CARD OUTLET #284 12.28 HEIDI CAREY 09/02/2005 TARGET 00011858 10.63 HEIDI CAREY 09/02/2005 THE UPS STORE #2171 14.13 HEIDI CAREY 08/23/2005 VZW MESSAGING 102.87 LINDA CROSSON 08/25/2005 CUB FOODS, INC. 14.38 RICHARD DOBLAR 09/02/2005 CUB FOODS, INC. 11.76 THOMAS G EKSTRAND 09/02/2005 CUB FOODS, INC. 2.18 THOMAS G EKSTRAND 08/29/2005 RICHARDS MARKET INC 7.86 ANDREW ENGSTROM 08/29/2005 STREAMLINE DESIGN INC 89.25 GREG FINN 08/29/2005 STREAMLINE DESIGN INC 1939.7 GREG FINN 08/22/2005 DEEP ROCK WATER 106.34 DAVID FISHER 08/29/2005 DEEP ROCK WATER 106.34 DAVID FISHER 08/31/2005 INSIGHT PUBLIC SECTOR 780.83 NICK FRANZEN 08/31/2005 INSIGHT PUBLIC SECTOR 287.4 NICK FRANZEN 08/25/2005 INTAB INC 102.75 PATRICIA FRY 08/30/2005 MN PHOTO 13.92 CLARENCE GERVAIS 09/01/2005 GAL *GALLS INC 79.84 CLARENCE GERVAIS 5 Posting Date Merchant Name Trans Amount Name 08/25/2005 S & T OFFICE PRODUCTS 272.41 JEAN GLASS 08/25/2005 ORIENTAL TRADING CO 360.12 MIKE GRAF 08/22/2005 SEARS ROEBUCK 1122 42.59 MARK HAAG 08/22/2005 THE HOME DEPOT 2801 37.2 MARK HAAG 09/01/2005 CUB FOODS, INC. 96.63 LORI HANSON 08/31/2005 NORTHERN TOOL EQUIPMNT 18.09 GARY HINNENKAMP 08/22/2005 AMERICAN RED CROS01 OF 01 10 RON HORWATH 08/24/2005 CONTINENTAL RESEARCH 260.25 RON HORWATH 08/25/2005 AMERICAN RED CROS01 OF 01 330 RON HORWATH 08/25/2005 T J T- SHIRTS 410 RON HORWATH 09/01/2005 T J T- SHIRTS 397.5 RON HORWATH 08/29/2005 NEXTEL *WIRELESS SVCS 52.83 STEVE HURLEY 08/31/2005 ECI *GOTOMYPC.COM SVCS 1081.87 STEVE HURLEY 08/22/2005 7 CORNERS ACE HARDWARE 6.93 ANN E HUTCHINSON 08/24/2005 HEJNY RENTAL 317.59 DON JONES 09/01/2005 THE HOME DEPOT 2801 15.98 DON JONES 08/24/2005 BATTERIES PLUS 150.29 TOM KALKA 09/01/2005 JACK NADEL INC 216 FLINT KARIS 08/30/2005 FITNESS WHOLESALE INC 75.55 MARY B KOEHNEN 08/30/2005 MENARDS 3059 33.94 MARY B KOEHNEN 08/30/2005 SPRI PRODUCTS 156.75 MARY B KOEHNEN 08/31/2005 SUPREME AUDIO 141 MARY B KOEHNEN 08/22/2005 CENTURY COMM & TECH 1929.9 DAVID KVAM 08/25/2005 UNITED AIR 0161274737539 214.41 SHERYL L LE 08/25/2005 EXPEDIA *TRAVEL 23 SHERYL L LE 08/25/2005 FRATTALLONE'S ACE HDWE 58.02 MICHAEL LIDBERG 08/23/2005 MENARDS 3022 218.06 DENNIS LINDORFF 09/01/2005 VIKING ELECTRIC -ST. PAUL 273.46 DENNIS LINDORFF 08/26/2005 EMERGENCY APPARATUS MAINT 1664.67 STEVE LUKIN 08/26/2005 EMERGENCY APPARATUS MAINT 1579.81 STEVE LUKIN 08/29/2005 NEXTEL *WIRELESS SVCS 890.64 STEVE LUKIN 09/01/2005 WALGREEN 00016873 31.93 STEVE LUKIN 09/02/2005 S & T OFFICE PRODUCTS 4211.94 STEVE LUKIN 09/02/2005 S & T OFFICE PRODUCTS 4211.94 STEVE LUKIN 08/22/2005 RENTAL SERVICE CORP 622.21 MARK MARUSKA 08/25/2005 ON SITE SANITATION INC 532.5 MARK MARUSKA 08/29/2005 RENTAL SERVICE CORP 20.64 MARK MARUSKA 08/31/2005 ON SITE SANITATION INC 15.81 MARK MARUSKA 09/02/2005 BROCK WHITE -180 120.92 MARK MARUSKA 08/31/2005 THE HOME DEPOT 2801 15.98 GERALD MEYER 08/31/2005 THE HOME DEPOT 2801 15.98 GERALD MEYER 09/02/2005 PUMP AND METER SERVICE IN 122.66 ED NADEAU 09/01/2005 CONTINENTAL RESEARCH 194.33 BRYAN NAGEL 08/22/2005 RYCO SUPPLY COMPANY 26.73 JEAN NELSON 08/29/2005 USPS 2663650009 37 JEAN NELSON 09/01/2005 LAKESTOP 00284190 69.7 JEAN NELSON 08/25/2005 OXYGEN SERVICE CO 14.4 RICHARD NORDQUIST 08/26/2005 HENRIKSEN ACE HARDWARE 1.48 RICHARD NORDQUIST 08/22/2005 SUPERAMERICA 4022 Q64 25.7 ROBERT PETERSON 08/23/2005 CARPENTER SMALL ENGINE 55.33 ROBERT PETERSON 08/24/2005 BAUER BUILT TRE33200023 279.71 ROBERT PETERSON 08/22/2005 RADIO SHACK 00161133 10.68 PHILIP F POWELL 08/22/2005 SIRCHIE FINGERPRINT LABS 34.98 PHILIP F POWELL 08/22/2005 NATIONAL CAMERA EXCHANGE 68.13 PHILIP F POWELL 08/24/2005 TARGET 00011858 22.33 PHILIP F POWELL 08/25/2005 OFFICE MAX 00002204 9.53 PHILIP F POWELL 08/25/2005 NAPA AUTO PARTS # 28438 46.84 PHILIP F POWELL 2 Posting Date Merchant Name Trans Amount Name 08/26/2005 WOLF CAMERA #1530 13.4 PHILIP F POWELL 08/31/2005 OFFICE MAX 00002204 43.63 PHILIP F POWELL 08/31/2005 TARGET 00011858 28.72 PHILIP F POWELL 09/02/2005 TARGET 00011858 14.89 PHILIP F POWELL 08/23/2005 PHILIPS MEDICAL SYSTEMS 266.89 ROBERT PRECHTEL 08/26/2005 EMERGENCY MEDICAL PROD 287.52 ROBERT PRECHTEL 08/22/2005 TOUSLEY FORD 127200039 333.71 STEVEN PRIEM 08/22/2005 TRUCK UTILITIES INC 53.54 STEVEN PRIEM 08/22/2005 FACTORY MOTOR PARTS 86.36 STEVEN PRIEM 08/22/2005 FACTORY MOTOR PARTS 9.94 STEVEN PRIEM 08/23/2005 CERTIFIED LABORATORIES 406.31 STEVEN PRIEM 08/23/2005 CERTIFIED LABORATORIES 108.04 STEVEN PRIEM 08/23/2005 KATH AUTO PARTS 49.15 STEVEN PRIEM 08/24/2005 TOUSLEY FORD 127200039 -79.88 STEVEN PRIEM 08/24/2005 SUNRAY BTB 40.05 STEVEN PRIEM 08/24/2005 UNIQUE TRUCK EQUIPMENT 1 257.85 STEVEN PRIEM 08/24/2005 BAUER BUILT TRE33200023 351.45 STEVEN PRIEM 08/25/2005 EAT INC 126.2 STEVEN PRIEM 08/25/2005 ZIEGLER INC - RETAIL 84.71 STEVEN PRIEM 08/26/2005 TOUSLEY FORD 127200039 18.72 STEVEN PRIEM 08/26/2005 BAUER BUILT TRE33200023 211.51 STEVEN PRIEM 08/26/2005 KATH AUTO PARTS NSP 21.94 STEVEN PRIEM 08/26/2005 KATH AUTO PARTS 482.24 STEVEN PRIEM 08/26/2005 NATIONAL PARTS CORPORATIO 234.79 STEVEN PRIEM 08/29/2005 SUNRAY BTB 73.38 STEVEN PRIEM 08/29/2005 SUNSOURCE 1465.82 STEVEN PRIEM 08/29/2005 SUNSOURCE 1454.47 STEVEN PRIEM 08/29/2005 TRI STATE BOBCAT 28.39 STEVEN PRIEM 08/29/2005 PARTS ASSOCIATES INC 118.3 STEVEN PRIEM 09/01/2005 CATCO PARTS & SERV #1 38.11 STEVEN PRIEM 09/01/2005 AUTO GLASS SPECIALISTS -MN 167.26 STEVEN PRIEM 09/01/2005 AUTOMOTIVE FINISHES #33 95.48 STEVEN PRIEM 09/01/2005 PIRTCK MIDWAY 188.93 STEVEN PRIEM 09/01/2005 PAM OIL INC 197.48 STEVEN PRIEM 09/02/2005 CARLSON TRACTOR & EQUIP 81.12 STEVEN PRIEM 09/02/2005 BAUER BUILT TRE33200023 751.31 STEVEN PRIEM 09/02/2005 KATH AUTO PARTS NSP 6.83 STEVEN PRIEM 08/22/2005 TARGET 00011858 17.76 AUDRA ROBBINS 08/24/2005 WALGREEN 00029363 11.43 AUDRA ROBBINS 08/26/2005 CUB FOODS, INC. 39.58 AUDRA ROBBINS 08/26/2005 MN ZOO TARS 325.2 AUDRA ROBBINS 08/26/2005 MN ZOO TARS 290 AUDRA ROBBINS 08/29/2005 KEINDEL'S INC. 34.1 AUDRA ROBBINS 08/31/2005 CUB FOODS, INC. 28.6 AUDRA ROBBINS 09/02/2005 TARGET 00011858 5.35 AUDRA ROBBINS 09/02/2005 MARCUS OAKD.CIN #488 Q25 210 AUDRA ROBBINS 09/02/2005 FACTORY CARD OUTLET #284 66.31 AUDRA ROBBINS 08/26/2005 HEJNY RENTAL 190.55 ROBERT RUNNING 08/25/2005 T J T- SHIRTS 1392 RUSSELL L SCHMIDT 08/25/2005 T J T- SHIRTS 519.4 RUSSELL L SCHMIDT 08/29/2005 TARGET 00011858 107.18 RUSSELL L SCHMIDT 08/29/2005 T J T- SHIRTS 1214 RUSSELL L SCHMIDT 08/25/2005 NEXTEL *WIRELESS SVCS 504.44 ANDREA SINDT 08/22/2005 S & T OFFICE PRODUCTS 76.95 JOANNE M SVENDSEN 08/26/2005 NORTHERN TOOL EQUIPMNT 53.23 RUSTIN SVENDSEN 08/29/2005 MENARDS 3059 8.03 RUSTIN SVENDSEN 08/31/2005 GAL *GALLS INC 179.52 RUSTIN SVENDSEN 7 Posting Date Merchant Name Trans Amount Name 08/31/2005 GAL *GALLS INC 19.55 RUSTIN SVENDSEN 08/22/2005 EXCELLCOM 5 LYLE SWANSON 08/22/2005 STATE SUPPLY CO. INC 19.68 LYLE SWANSON 08/22/2005 THE HOME DEPOT 2801 36.34 LYLE SWANSON 08/26/2005 MUSKA LIGHTING CENTER 144.42 LYLE SWANSON 08/26/2005 INDUSTRIAL SUPPLY CO INC 46.66 LYLE SWANSON 08/29/2005 RAINBOW FOODS 00088617 43.44 LYLE SWANSON 08/29/2005 THE HOME DEPOT 2801 6.42 LYLE SWANSON 08/29/2005 THE HOME DEPOT 2801 49.95 LYLE SWANSON 08/29/2005 INDUSTRIAL SUPPLY CO INC 56.85 LYLE SWANSON 08/29/2005 W B MARTIN LUMBER CO 3.75 LYLE SWANSON 09/01/2005 ALL MAIN STREET ELECTRIC 96 LYLE SWANSON 09/01/2005 ALL MAIN STREET ELECTRIC 154 LYLE SWANSON 09/02/2005 SEARS ROEBUCK 1122 74.51 LYLE SWANSON 09/02/2005 PIONEER PRESS SUBSCRIPTI 199.16 JUDY TETZLAFF 08/25/2005 THE HOME DEPOT 2801 12.68 JOSEPH WATERS 08/30/2005 PIZZA H013850 48238505 42.36 JOSEPH WATERS 09/01/2005 OFFICE MAX 00002204 13.83 JOSEPH WATERS 08/29/2005 OFFICE MAX 00002204 29.79 JUDY WEGWERTH 09/01/2005 USPS POSTAL STORE 38 JUDY WEGWERTH 08/26/2005 QUILL CORPORATION 42.05 SUSAN ZWIEG 08/26/2005 VIKING #1090 189.24 SUSAN ZWIEG 08/26/2005 VIKING #1090 33.14 SUSAN ZWIEG 08/29/2005 QUILL CORPORATION 10.32 SUSAN ZWIEG 09/02/2005 MINUTEMAN PRESS 273.56 SUSAN ZWIEG $46,986.30 0 Transaction Review 9/7 /2005 For Transactions posted between 08/20/2005 to 09/02/2005 Post Date Vendor Name Settlement Amt Cardholder Name 08/26/2005 REMINGTON ARMS CO INC 71.88 SCOTT ANDREWS 08/26/2005 REMINGTON ARMS CO INC -0.39 SCOTT ANDREWS 08/30/2005 DPMS INC - 279.99 SCOTT ANDREWS 08/22/2005 GRAFIX SHOPPE 472.86 JOHN BANICK 08/23/2005 MN PHOTO 5.71 JOHN BANICK 08/75/2005 STRETCHER'S 640.76 JOHN BANICK 08/26/2005 SHRED -IT 89.91 JOHN BANICK 08/29/2005 STRETCHER'S 274.61 JOHN BANICK 08/23/2005 EXTRACTOR CORPORAT'I 460.00 JIM BEHAN 08/75/2005 AQUA LOGIC INC 18.19 JIM BEHAN 08/22/2005 PIONEER PRESS SUBSCRIPTI 9958 ROGER BREHEIM 08/29/2005 TIME WARNER CABLE 109.79 LINDA CROSSON 08/29/2005 THE STAR TRIBUNE- CIRCULAT 52.65 LINDA CROSSON 08/22/2005 COMCAST CABLE COMM 48.28 ROBERTA DARST 08/26/2005 CENTURY COMMUNITY TECHNIC 125.00 ROBERTA DARST 08/29/2005 COMCAST CABLE COMM 107.35 ROBERTA DARST 08/23/2005 S & T OFFICE PRODUCTS 7.02 JEAN GLASS 08/22/2005 S & T OFFICE PRODUCTS 271.26 LORI HANSON 08/22/2005 CALENDARS 9058 LORI HANSON 08/22/2005 METRO SALES INC 779.47 LORI HANSON 08/23/2005 S & T OFFICE PRODUCTS 26.84 LORI HANSON 08/23/2005 S & T OFFICE PRODUCTS 5.03 LORI HANSON 08/24/2005 S & T OFFICE PRODUCTS -258 LORI HANSON 08/30/2005 S & T OFFICE PRODUCTS 46.89 LORI HANSON 08/31/2005 ECI GOTOMYPC.COM SVCS 1,087.80 STEVE HURLEY 08/31/2005 ECI GOTOMYPC.COM SVCS - 1,081.84 STEVE HURLEY 09/02/2005 ADT SECURITY SERVICES 157.28 STEVE HURLEY 09/02/2005 VERIZON WRLS I2KW 45.30 SHERYL L LE 08/23/2005 SBC PAGING 16.48 STEVE LUKIN 09/01/2005 METROCALL ARCH WIRE 39.39 ED NADEAU 08/22/2005 S & T OFFICE PRODUCTS 136.61 AMY NIVEN 08/24/2005 S & T OFFICE PRODUCTS 77.04 AMY NIVEN 09/01/2005 DONALDS INC 215.72 MARSHA PACOLT 09/02/2005 METRO SALES INC -44856 WILLIAM J PRIEFER 08/31/2005 MACQUEEN EQUIPMENT INC 137.98 STEVEN PRIEM 08/22/2005 DALCO ENTERPRISES, INC 596.92 MICHAEL REILLY 08/75/2005 DALCO ENTERPRISES, INC 121.05 MICHAEL REILLY 08/30/2005 S & T OFFICE PRODUCTS 46.86 DEB SCHMIDT 09/02/2005 ARAMARK REF SVS #6013- 433.95 RUSSELL L SCHMIDT 09/02/2005 T- MOBILE 46.24 SCOTT SCHULTZ 08/23/2005 S & T OFFICE PRODUCTS 26.01 ANDREA SINDT 08/22/2005 NEEDELS SUPPLY INC 96.92 LYLE SWANSON 09/02/2005 T- MOBILE 2 10. 10 DOUGLAS J TAUBMAN 08/22/2005 QWESTCOMM T'N651 344.22 JUDY TETZLAFF 5,822.17 m Check Register City of Maplewood D)S -7107' IT11.1 Check Date Vendor Description Amount 67946 09/12/2005 01190 XCEL ENERGY PROJ 02 -07 RELOCATE POWER POLE 75,360.00 67947 09/12/2005 00520 TIMOTHY W FLOR CASH ADV FOR HURRICANE RELIEF 500.00 67948 09/12/2005 01573 TOM SZCZEPANSKI CASH ADV FOR HURRICANE RELIEF 500.00 67949 09/13/2005 03474 HAN RATTY & ASSOCIATES SEMINAR 9/14 100.00 67950 09/13/2005 03475 MN COMMERCIAL RAILWAY PROJ 02 -07 RELOCATION OF CTY RD D 5,500.00 67951 09/14/2005 01284 POSTMASTER REPLENISH PMT#4903 -$6000 & #625- 7,500.00 67952 09/20/2005 02347 10,000 LAKES CHAPTER SEMINAR REGISTRATION 700.00 67953 09/20/2005 03418 LAURA BERNAL REFUND OPEN CUT ESCROW 1,000.00 67954 09/20/2005 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER 104.31 67955 09/20/2005 00211 BRAUN INTERTEC CORP. PROJ 04 -21 PROF SRVS THRU 8/12 3,293.30 09/20/2005 00211 BRAUN INTERTEC CORP. PROJ 03 -19 PROF SRVS THRU 8/12 963.25 67956 09/20/2005 03486 BUBERL BLACK DIRT INC BLACK DIRT 42.60 67957 09/20/2005 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 67958 09/20/2005 03340 CARLSON & SOLDO PLLP LEGAL SERVICES -JUL 4,496.70 67959 09/20/2005 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SRVS - FEB 3,526.08 67960 09/20/2005 03477 JIM CURLEY REF GRADING ESC - 2755 GEM ST 500.00 67961 09/20/2005 02044 ROBERTA DARST REIMS FOR MILEAGE 1/26 -8/17 4.05 67962 09/20/2005 00467 ENGRAPHICS INC ENGRAVED SIGNS 29.55 67963 09/20/2005 00003 ESCROW REFUND REF MICHAEL HEILLE - ESCROW 1077 500.00 67964 09/20/2005 01401 FIRST STUDENT INC BUS FEE TO WATER PARK 7/20 282.30 67965 09/20/2005 00543 GE CAPITAL MONTHLY LEASE - SEP 331.22 67966 09/20/2005 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS 934.65 67967 09/20/2005 03480 HEARTWOOD HOMES INC REF GRADING ESC - 2157 WOODLYN 553.77 09/20/2005 03480 HEARTWOOD HOMES INC REF GRADING ESC -2159 WOODLYN 553.77 09/20/2005 03480 HEARTWOOD HOMES INC REF GRADING ESC -2161 WOODLYN 553.77 67968 09/20/2005 00687 HUGO'S TREE CARE INC ELM TREE REMOVAL 3,453.80 09/20/2005 00687 HUGO'S TREE CARE INC TREE REMOVAL 7/27 & 8/10 1,704.00 09/20/2005 00687 HUGO'S TREE CARE INC PROJ 04 -15 TREE REMOVAL 1,650.75 09/20/2005 00687 HUGO'S TREE CARE INC TREE REMOVAL 1,597.50 09/20/2005 00687 HUGO'S TREE CARE INC REMOVE BLVD TREES 1,574.07 09/20/2005 00687 HUGO'S TREE CARE INC TREE REMOVAL & HAUL BRUSH 1,464.00 09/20/2005 00687 HUGO'S TREE CARE INC TREE TRIMMING & HAULING BRUSH 914.00 09/20/2005 00687 HUGO'S TREE CARE INC TREE TRIMMING & HAULING BRUSH 914.00 09/20/2005 00687 HUGO'S TREE CARE INC PROJ 03 -36 TREE WORK & HAUL BRUSH 438.00 67969 09/20/2005 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SERVICES 3,255.00 67970 09/20/2005 01835 BONNIE JOHNSON REIMS FOR MEAL & MILEAGE 9/13 30.67 67971 09/20/2005 02196 JORGENSON CONST INC PROJ 03 -19 PW BLDG ADD PYMT #2 180,025.00 67972 09/20/2005 00789 KATH FUEL OIL SERVICE CO #2 DIESEL FUEL LOW SULPHUR RED 13,574.50 67973 09/20/2005 03272 MICHAEL L KOCH REF GRADING ESC - 2249 CO RD D 1,510.63 67974 09/20/2005 00807 MARY KOEHNEN REIMS FOR MILEAGE 9/6 -9/9 85.22 67975 09/20/2005 03489 KRONGARD CONSTRUCTION CO REF GRADING ESC - 1747 GERVAIS AVE 2,513.97 67976 09/20/2005 00827 L M C I T CLAIM DEDUCTIBLE 11053165 1,888.98 67977 09/20/2005 00857 LEAGUE OF MINNESOTA CITIES ANNUAL MEMBERSHIP DUES 17,559.00 67978 09/20/2005 00857 LEAGUE OF MINNESOTA CITIES MN MAYORS ASSN MEMBERSHIP 20.00 67979 09/20/2005 00936 MAPLEWOOD HISTORICAL SOCIETY ANNUAL CONTRIBUTION 2,000.00 67980 09/20/2005 00936 MAPLEWOOD HISTORICAL SOCIETY PROGRAM REGISTRATION REFUND 195.00 67981 09/20/2005 01946 MEDICA FINANCE DEPT OVERPAID AMB H LINDGREN 05012400 381.62 67982 09/20/2005 02617 ALESIA METRY REIMS FOR SHOES 59.99 67983 09/20/2005 01018 MINNEAPOLIS FINANCE DEPT FF TRAINING 500.00 67984 09/20/2005 01060 MN STATE FIRE CHIEFS ASSOC MN STATE FIRE CHIEF ASSN CONF 450.00 67985 09/20/2005 01202 NYSTROM PUBLISHING CO INC MCC NEWSLETTER 1,666.73 67986 09/20/2005 01215 SANDRA K OLSON REIMS FOR MEAL & MILEAGE 8/25 -9/14 19.12 09/20/2005 01215 SANDRA K OLSON REIMS FOR MILEAGE 12/17 - 7/14 9.98 10 Check Date Vendor Description Amount 67987 09/20/2005 01218 ON SITE SANITATION TRASH REMOVAL 76.80 67988 09/20/2005 00001 ONE TIME VENDOR REIMS BRAD FEDOROWSKI - DRIVEWAY 2,234.53 67989 09/20/2005 00001 ONE TIME VENDOR REF BETTY SKOOG - AMB 05005450 290.00 67990 09/20/2005 00001 ONE TIME VENDOR REF LIRU WU - PARKS PROGRAM 70.00 09/20/2005 00001 ONE TIME VENDOR REF LIRU WU - PARKS PROGRAM 16.00 67991 09/20/2005 00001 ONE TIME VENDOR REF SAM BUCHE - SWIMMING 55.00 67992 09/20/2005 00001 ONE TIME VENDOR REF MARIA LAO - SWIMMING 39.00 67993 09/20/2005 02270 PALDA & SONS INC PROJ 02 -08 CTY RD D PYMT #5 23,366.84 67994 09/20/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 193.50 67995 09/20/2005 03487 ROBB PRECHTEL REIMS FOR MILEAGE 9/9 - 9/11 135.80 67996 09/20/2005 01463 SISTER ROSALIND GEFRE MCC MASSAGES -AUG 2,758.00 67997 09/20/2005 01504 CITY OF ST PAUL RECORD MGMT SOFTWARE FEES - SEP 3,798.00 67998 09/20/2005 03488 STABNER ELECTRIC INC FURNACE HOOKUP 184.75 67999 09/20/2005 01516 PAULINE STAPLES REFUND FOR OFFICER AT EVENT 195.00 68000 09/20/2005 03485 TRAVIS SYLVESTER REF GRADING ESC - 1114 CO RD D 500.00 68001 09/20/2005 01572 SYSTEMS SUPPLY, INC. PRINTER CARTRIDGES 195.02 68002 09/20/2005 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D PYMT #3 62,495.42 68003 09/20/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 3,081.58 09/20/2005 01574 T.A. SCHIFSKY & SONS, INC ASPHALT FOR PATCH WORK ON TRAILS 615.78 68004 09/20/2005 01683 UNIFORMS UNLIMITED INC BULLETPROOF VEST 799.50 09/20/2005 01683 UNIFORMS UNLIMITED INC BULLETPROOF VEST 799.50 68005 09/20/2005 02464 US BANK PAYING AGENT FEES 350.00 68006 09/20/2005 03460 VERIPIC VERPIC DIGITAL PHOTO LAB 7,500.00 68007 09/20/2005 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSP 1,114.56 68008 09/20/2005 01750 THE WATSON CO INC MERCH FOR RESALE 196.11 68009 09/20/2005 02462 SCOTT D WEMYSS NAMETAGS 27.00 68010 09/20/2005 03378 MATT WOEHRLE REIMS FOR MILEAGE 9/14 14.55 68011 09/20/2005 01190 XCEL ENERGY MONTHLY UTILITIES 11,879.03 470.316.12 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 09/08/05 09/09/05 09/09/05 09/09/05 09/09/05 09/09/05 09/09/05 09/12/05 09/09/05 09/13/05 09/09/05 09/13/05 09/14/05 09/12/05 09/09/05 09/09/05 09/12/05 09/12/05 09/12/05 09/12/05 09/12/05 09/13/05 09/13/05 09/14/05 09/14/05 09/14/05 09/15/05 09/15/05 MN State Treasurer ICMA (Vantagepointe) MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN Dept of Natural Resources MN State Treasurer MN State Treasurer MN State Treasurer Labor Unions Pitney Bowes MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar Union Dues Postage Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 19,470.05 8,120.47 25,519.36 98,918.30 54,454.65 25,606.00 174.00 27,196.37 19,353.84 22,263.19 1,746.15 2,985.00 13,473.97 532.54 319,813.89 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 CARDINAL, ROBERT 422.42 dd 09/09/05 JUENEMANN, KATHLEEN 371.77 dd 09/09/05 KOPPEN, MARVIN 371.77 dd 09/09/05 MONAHAN- JUNEK, 371.77 dd 09/09/05 ROSSBACH, WILLIAM 371.77 dd 09/09/05 COLEMAN, MELINDA 4,271.10 dd 09/09/05 DARST, ROBERTA 1,690.85 dd 09/09/05 FURSMAN, RICHARD 5,053.62 dd 09/09/05 FARR, LARRY 1,767.48 dd 09/09/05 SWANSON, LYLE 1,662.77 dd 09/09/05 LE, JENNIFER 40.50 dd 09/09/05 LE, SHERYL 4,120.58 dd 09/09/05 RAMEAUX, THERESE 2,376.42 dd 09/09/05 FAUST, DANIEL 4,291.97 dd 09/09/05 SCHMIDT, DEBORAH 1,456.57 dd 09/09/05 BAUMAN, GAYLE 3,434.43 dd 09/09/05 JACKSON, MARY 1,819.76 dd 09/09/05 KELSEY, CONNIE 1,387.67 dd 09/09/05 TETZLAFF, JUDY 1,819.78 dd 09/09/05 FRY, PATRICIA 1,689.36 dd 09/09/05 GUILFOILE, KAREN 3,008.18 dd 09/09/05 OSTER, ANDREA 1,764.46 dd 09/09/05 CARLE, JEANETTE 1,633.98 dd 09/09/05 JAGOE, CAROL 1,631.66 dd 09/09/05 JOHNSON, BONNIE 1,022.15 dd 09/09/05 MECHELKE, SHERRIE 1,068.33 dd 09/09/05 MOY, PAMELA 639.55 dd 09/09/05 OLSON, SANDRA 1,453.96 dd 09/09/05 WEAVER, KRISTINE 1,753.35 dd 09/09/05 BANICK, JOHN 3,871.15 dd 09/09/05 CORCORAN, THERESA 1,661.35 dd 09/09/05 POWELL, PHILIP 2,267.65 dd 09/09/05 RICHIE, CAROLE 1,667.13 dd 09/09/05 SPANGLER, EDNA 308.00 dd 09/09/05 THOMALLA, DAVID 4,287.27 dd 09/09/05 ABEL, CLINT 2,378.77 dd 09/09/05 ALDRIDGE, MARK 3,379.88 dd 09/09/05 ANDREWS, SCOTT 5,167.24 dd 09/09/05 BAKKE, LONN 2,898.04 dd 09/09/05 BELDE, STANLEY 3,118.49 dd 09/09/05 BIERDEMAN, BRIAN 2,414.21 dd 09/09/05 BOHL, JOHN 3,008.11 dd 09/09/05 BUSACK, DANIEL 2,448.74 dd 09/09/05 COFFEY, KEVIN 2,154.83 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 CROTTY, KERRY 2,680.66 dd 09/09/05 DOBLAR, RICHARD 4,406.66 dd 09/09/05 DUNN, ALICE 2,953.98 dd 09/09/05 GABRIEL, ANTHONY 2,669.99 dd 09/09/05 HEINZ, STEPHEN 2,555.37 dd 09/09/05 HIEBERT, STEVEN 3,085.04 dd 09/09/05 JOHNSON, KEVIN 4,645.30 dd 09/09/05 KALKA, THOMAS 391.00 dd 09/09/05 KARIS, FLINT 3,042.30 dd 09/09/05 KONG, TOMMY 2,288.03 dd 09/09/05 KROLL, BRETT 2,392.86 dd 09/09/05 KVAM, DAVID 3,420.42 dd 09/09/05 LARSON, DANIEL 402.57 dd 09/09/05 LU, JOHNNIE 3,078.54 dd 09/09/05 MARINO, JASON 2,652.60 dd 09/09/05 MARTIN, JERROLD 2,869.28 dd 09/09/05 MCCARTY, GLEN 2,043.10 dd 09/09/05 METRY, ALESIA 2,310.18 dd 09/09/05 NYE, MICHAEL 2,094.55 dd 09/09/05 OLSON, JULIE 2,288.03 dd 09/09/05 RABBETT, KEVIN 3,483.05 dd 09/09/05 RHUDE, MATTHEW 1,606.62 dd 09/09/05 STEFFEN, SCOTT 3,017.87 dd 09/09/05 STEINER, JOSEPH 924.12 dd 09/09/05 SYPNIEWSKI, WILLIAM 1,839.66 dd 09/09/05 SZCZEPANSKI, THOMAS 2,646.06 dd 09/09/05 WENZEL, JAY 3,285.07 dd 09/09/05 XIONG, KAO 2,399.57 dd 09/09/05 BARTZ, PAUL 2,624.17 dd 09/09/05 BERGERON, JOSEPH 3,109.73 dd 09/09/05 DUGAS, MICHAEL 2,685.23 dd 09/09/05 ERICKSON, VIRGINIA 2,482.65 dd 09/09/05 FLOR, TIMOTHY 4,292.06 dd 09/09/05 FRASER, JOHN 2,593.59 dd 09/09/05 LANGNER, SCOTT 2,154.04 dd 09/09/05 PALMA, STEVEN 2,674.64 dd 09/09/05 THEISEN, PAUL 2,154.04 dd 09/09/05 THIENES, PAUL 2,505.68 dd 09/09/05 CARLSON, BRIAN 1,954.03 dd 09/09/05 DAWSON, RICHARD 2,078.66 dd 09/09/05 DUELLMAN, KIRK 1,970.19 dd 09/09/05 EVERSON, PAUL 2,572.01 dd 09/09/05 HALWEG, JODI 2,035.43 dd 09/09/05 JOHNSON, DOUGLAS 1,970.19 dd 09/09/05 NOVAK, JEROME 2,067.01 dd 09/09/05 PARSONS, KURT 2,207.30 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 PETERSON,ROBERT 2,174.17 dd 09/09/05 PRECHTEL, ROBERT 2,148.02 dd 09/09/05 SVENDSEN, RONALD 2,180.28 dd 09/09/05 GERVAIS -JR, CLARENCE 2,785.12 dd 09/09/05 BAUER, MICHELLE 2,227.35 dd 09/09/05 COUNIHAN, WILLIAM 204.00 dd 09/09/05 FLAUGHER, JAYME 2,260.45 dd 09/09/05 HERMANSON, CHAD 1,945.75 dd 09/09/05 HUB IN, KENNARD 1,614.95 dd 09/09/05 KNAPP, BRETT 1,671.55 dd 09/09/05 LINN, BRYAN 1,895.20 dd 09/09/05 PACOLT, MARSHA 2,410.34 dd 09/09/05 RABINE, JANET 2,271.79 dd 09/09/05 SCHAULS, ADAM 360.75 dd 09/09/05 STAHNKE, JULIE 1,943.41 dd 09/09/05 LUKIN, STEVEN 5,375.78 dd 09/09/05 SVENDSEN, AUSTIN 4,127.42 dd 09/09/05 ZWIEG, SUSAN 1,762.15 dd 09/09/05 DOLLERSCHELL, ROBERT 284.84 dd 09/09/05 AHL, R. CHARLES 4,544.68 dd 09/09/05 BREHEIM, ROGER 1,844.37 dd 09/09/05 GROHS, JUDITH 1,769.08 dd 09/09/05 KONEWKO, DUWAYNE 2,625.35 dd 09/09/05 NIVEN, AMY 1,198.62 dd 09/09/05 PRIEFER, WILLIAM 2,629.38 dd 09/09/05 BRINK, TROY 1,680.95 dd 09/09/05 DEBILZAN, THOMAS 1,857.75 dd 09/09/05 EDGE, DOUGLAS 1,864.75 dd 09/09/05 JONES, DONALD 1,974.27 dd 09/09/05 MEYER, GERALD 1,913.79 dd 09/09/05 NAGEL, BRYAN 2,298.96 dd 09/09/05 OSWALD, ERICK 2,066.10 dd 09/09/05 RUNNING, ROBERT 1,748.55 dd 09/09/05 TEVLIN, TODD 1,739.75 dd 09/09/05 BEYER, MEGAN 340.75 dd 09/09/05 CAVETT, CHRISTOPHER 10,152.41 dd 09/09/05 DUCHARME, JOHN 1,857.19 dd 09/09/05 ENGSTROM, ANDREW 1,570.16 dd 09/09/05 ISAKSON, CHAD 869.15 dd 09/09/05 JACOBSON, SCOTT 1,727.34 dd 09/09/05 KNUTSON, LOIS 923.32 dd 09/09/05 LABEREE, ERIN 2,297.35 dd 09/09/05 LINDBLOM, RANDAL 2,474.47 dd 09/09/05 PECK, DENNIS 2,352.20 dd 09/09/05 PRIEBE, WILLIAM 2,347.57 dd 09/09/05 VERMEERSCH, CHARLES 2,231.75 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 ANDERSON, BRUCE 4,237.32 dd 09/09/05 CAREY, HEIDI 2,070.15 dd 09/09/05 HALL, KATHLEEN 1,766.78 dd 09/09/05 LUND, ERIC 312.00 dd 09/09/05 MARUSKA, MARK 2,674.70 dd 09/09/05 NAUGHTON, JOHN 1,720.83 dd 09/09/05 SCHINDELDECKER, JAMES 1,848.54 dd 09/09/05 BIESANZ, OAKLEY 1,588.98 dd 09/09/05 HAYMAN, JANET 779.57 dd 09/09/05 HUTCHINSON, ANN 2,262.70 dd 09/09/05 NELSON, JEAN 1,029.69 dd 09/09/05 SEEGER, GERALD 548.72 dd 09/09/05 GAYNOR, VIRGINIA 2,036.05 dd 09/09/05 EKSTRAND, THOMAS 3,043.03 dd 09/09/05 KROLL, LISA 1,219.00 dd 09/09/05 LIVINGSTON, JOYCE 979.00 dd 09/09/05 SINDT, ANDREA 1,647.75 dd 09/09/05 THOMPSON, DEBRA 701.22 dd 09/09/05 YOUNG, TAMELA 1,531.75 dd 09/09/05 FINWALL, SHANN 2,503.53 dd 09/09/05 ROBERTS, KENNETH 2,414.86 dd 09/09/05 CARVER, NICHOLAS 2,770.29 dd 09/09/05 FISHER, DAVID 3,276.22 dd 09/09/05 RICE, MICHAEL 1,954.95 dd 09/09/05 SWAN, DAVID 2,050.95 dd 09/09/05 SWETT, PAUL 1,357.50 dd 09/09/05 WORK, ALICIA 569.50 dd 09/09/05 WORK, BRANDON 770.00 dd 09/09/05 FINN, GREGORY 2,213.26 dd 09/09/05 GOODRICH, CHAD 320.00 dd 09/09/05 GRAF, MICHAEL 1,941.83 dd 09/09/05 KELLY, LISA 1,192.34 dd 09/09/05 KYRK, ASHLEY 225.00 dd 09/09/05 OHLHAUSER, MEGHAN 960.00 dd 09/09/05 ROBB INS, AUDRA 2,116.03 dd 09/09/05 SHERRILL, CAITLIN 81.00 dd 09/09/05 TAUBMAN, DOUGLAS 2,854.34 dd 09/09/05 WERNER, KATIE 85.00 dd 09/09/05 GERMAIN, DAVID 1,848.99 dd 09/09/05 NORDQUIST, RICHARD 1,839.75 dd 09/09/05 SCHULTZ, SCOTT 2,108.63 dd 09/09/05 ANZALDI, MANDY 1,123.32 dd 09/09/05 COLEMAN, PHILIP 80.00 dd 09/09/05 COLLINS, ASHLEY 96.00 dd 09/09/05 CRAWFORD - JR- RAYMOND 146.00 dd 09/09/05 CROSSON, LINDA 2,610.43 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 EVANS, CHRISTINE 657.34 dd 09/09/05 MILES, LAURA 254.10 dd 09/09/05 PELOQUIN, PENNYE 390.54 dd 09/09/05 SCHMIDT, RUSSELL 2,026.22 dd 09/09/05 SCHULZE, BRIAN 711.96 dd 09/09/05 STAPLES, PAULINE 2,925.20 dd 09/09/05 ZIELINSKI, JUDY 159.10 dd 09/09/05 BRENEMAN, NEIL 457.21 dd 09/09/05 BUCKLEY, BRITTANY 128.38 dd 09/09/05 DUNN, RYAN 680.63 dd 09/09/05 EDSON, JAMIE 29.00 dd 09/09/05 ERICKSON- CLARK, CAROL 45.20 dd 09/09/05 EVANS, KRISTIN 21.00 dd 09/09/05 FIERRO WESTBERG, MELINDA 29.75 dd 09/09/05 FONTAINE, KIM 614.78 dd 09/09/05 GREDVIG, ANDERS 86.35 dd 09/09/05 GUZIK, JENNIFER 24.13 dd 09/09/05 HALEY, BROOKE 94.95 dd 09/09/05 HERZOG, ELIZABETH 61.75 dd 09/09/05 HORWATH, RONALD 1,996.55 dd 09/09/05 KERSCHNER, JOLENE 539.08 dd 09/09/05 KOEHNEN, AMY 96.60 dd 09/09/05 KOEHNEN, MARY 1,217.59 dd 09/09/05 KRONHOLM, KATHRYN 655.15 dd 09/09/05 MATHEWS, LEAH 196.50 dd 09/09/05 NELSON, SIERRA 198.50 dd 09/09/05 OVERBY, ANNA 57.90 dd 09/09/05 PROESCH, ANDY 376.61 dd 09/09/05 SCHULTZ, MATTHEW 92.63 dd 09/09/05 SMITH, ANN 187.50 dd 09/09/05 TUPY, HEIDE 161.60 dd 09/09/05 TUPY, MARCUS 283.50 dd 09/09/05 WERNER, REBECCA 149.00 dd 09/09/05 GROPPOLI, LINDA 331.20 dd 09/09/05 HANSON, ELIZABETH 33.83 dd 09/09/05 BEHAN, JAMES 1,718.61 dd 09/09/05 HOUSE, JEFFREY 13.30 dd 09/09/05 LONETTI, JAMES 1,249.26 dd 09/09/05 PATTERSON, ALBERT 1,085.24 dd 09/09/05 PRINS, KELLY 988.62 dd 09/09/05 REILLY, MICHAEL 1,614.47 dd 09/09/05 WALSH, AMANDA 69.83 dd 09/09/05 AICHELE, CRAIG 1,896.15 dd 09/09/05 PRIEM, STEVEN 2,069.35 dd 09/09/05 WOEHRLE, MATTHEW 1,568.15 dd 09/09/05 BERGO, CHAD 2,276.71 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/09/05 FOWLDS, MYCHAL 2,085.54 dd 09/09/05 FRANZEN, NICHOLAS 1,750.38 dd 09/09/05 HURLEY, STEPHEN 3,401.22 dd 09/09/05 KANE, MICHAEL 618.05 dd 09/09/05 LUTZ, DAVID 193.93 wf 102360 09/09/05 WORKMAN, ROBERT 50.00 wf 102361 09/09/05 JAHN, DAVID 1,606.94 wf 102362 09/09/05 MORIN, TROY 187.00 wf 102363 09/09/05 MITCHELL, KELLY 176.00 wf 102364 09/09/05 MATHEYS, ALANA 1,999.02 wf 102365 09/09/05 HANSEN, LORI 1,919.64 wf 102366 09/09/05 PALANK, MARY 1,655.66 wf 102367 09/09/05 SVENDSEN, JOANNE 1,803.39 wf 102368 09/09/05 LANGNER, TODD 1,599.34 wf 102369 09/09/05 SHORTREED, MICHAEL 3,579.13 wf 102370 09/09/05 WELCHLIN, CABOT 2,486.64 wf 102371 09/09/05 FREBERG, RONALD 1,885.88 wf 102372 09/09/05 JAROSCH, JONATHAN 1,096.50 wf 102373 09/09/05 EDSON, DAVID 1,881.12 wf 102374 09/09/05 GORE, MICHAEL 440.00 wf 102375 09/09/05 HELEY, ROLAND 1,877.88 wf 102376 09/09/05 HINNENKAMP, GARY 1,847.31 wf 102377 09/09/05 LEVDORFF, DENNIS 1,844.37 wf 102378 09/09/05 LUND, MARK 440.00 wf 102379 09/09/05 NOVAK, MICHAEL 1,804.55 wf 102380 09/09/05 GERNES, CAROLE 306.75 wf 102381 09/09/05 SOUTTER, CHRISTINE 255.00 wf 102382 09/09/05 DANNER, BRENDA 178.88 wf 102383 09/09/05 BUSMAN, CHRISTINA 108.00 wf 102384 09/09/05 CORBETT, HEIDI 144.00 wf 102385 09/09/05 FREYBERGER, RACHEL 568.00 wf 102386 09/09/05 GEBHARD, MADELINE 505.00 wf 102387 09/09/05 GOODRICH, DANIELLE 264.00 wf 102388 09/09/05 KOLIAS, JESSICA 504.00 wf 102389 09/09/05 HAAG, MARK 1,859.84 wf 102390 09/09/05 NADEAU, EDWARD 2,957.34 wf 102391 09/09/05 GLASS, JEAN 1,814.45 wf 102392 09/09/05 HER, CHONG 123.20 wf 102393 09/09/05 NAGEL, BROOKE 227.15 wf 102394 09/09/05 SHEA, JENNIFER 55.40 wf 102395 09/09/05 TOLBERT, FRANCINE 245.50 wf 102396 09/09/05 VELASQUEZ, ANGELA 317.00 wf 102397 09/09/05 BRENEMAN, SEAN 186.13 wf 102398 09/09/05 DEMPSEY, BETH 69.90 wf 102399 09/09/05 FALKENSTEIN, MONICA 25.50 wf 102400 09/09/05 GRANT, MELISSA 491.90 18 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102401 09/09/05 GRUENHAGEN, LINDA 600.75 wf 102402 09/09/05 HAGSTROM, EMILY 377.38 wf 102403 09/09/05 HEINN, REBECCA 60.00 wf 102404 09/09/05 JOHNSON, STETSON 26.25 wf 102405 09/09/05 JOYER, MARTI 75.00 wf 102406 09/09/05 KOZA, KAREN 71.00 wf 102407 09/09/05 LEMAY, KATHERINE 203.10 wf 102408 09/09/05 LUTZ, CHRISTINA 238.50 wf 102409 09/09/05 MCCANN, NATALIE 84.00 wf 102410 09/09/05 MCMAHON, MELISSA 140.08 wf 102411 09/09/05 MELLEN, CHRISTOPHER 189.00 wf 102412 09/09/05 MILLS, ANNE 156.03 wf 102413 09/09/05 NWANOKWALE, MORDY 78.00 wf 102414 09/09/05 PEHOSKI, JOEL 54.00 wf 102415 09/09/05 PETERSON, ANNA 95.20 wf 102416 09/09/05 RICHTER, NANCY 102.00 wf 102417 09/09/05 ROGNESS, TRYGGVE 68.50 wf 102418 09/09/05 ROSTRON, ROBERT 47.13 wf 102419 09/09/05 RYDEEN, ARIEL 469.05 wf 102420 09/09/05 SCHMIDT, EMILY 144.28 wf 102421 09/09/05 SCHOENECKER, SAMANTHA 119.00 wf 102422 09/09/05 SCHRAMM, BRITTANY 110.00 wf 102423 09/09/05 SCHREINER, MICHELLE 100.32 wf 102424 09/09/05 SMITLEY, SHARON 359.25 wf 102425 09/09/05 STAHNKE, AMY 113.25 wf 102426 09/09/05 TRUE, ANDREW 29.20 wf 102427 09/09/05 WARNER, CAROLYN 95.80 wf 102428 09/09/05 WEDES, CARYL 140.10 wf 102429 09/09/05 WELTER, ELIZABETH 473.00 wf 102430 09/09/05 WHITE, NICOLE 672.31 wf 102430 09/09/05 WHITE, NICOLE 100.00 wf 102431 09/09/05 WOLFGRAM, MARY 81.25 wf 102432 09/09/05 WOODMAN, ALICE 221.73 wf 102433 09/09/05 BOSLEY, CAROL 145.80 wf 102434 09/09/05 DOBBS, SYDNEY 29.25 wf 102435 09/09/05 FARLEY, JAMIE 800.00 wf 102436 09/09/05 LEWIS, AMY 73.50 wf 102437 09/09/05 ODDEN, JESSICA 130.15 wf 102438 09/09/05 PARAYNO, GUAI 244.20 wf 102439 09/09/05 ROGERS, ALITRIA 162.80 wf 102440 09/09/05 SATTLER, MELINDA 52.80 wf 102441 09/09/05 STODGHILL, AMANDA 153.75 wf 102442 09/09/05 VAN HALE, PAULA 54.60 wf 102443 09/09/05 ANDERSON, MATT 124.69 wf 102444 09/09/05 BALDWIN, JANA 198.36 wf 102445 09/09/05 DOUGLASS, TOM 1,054.52 19 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 20 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102446 09/09/05 HER, PHENG 226.19 wf 102447 09/09/05 GGRADY, VICTORIA 102.51 wf 102448 09/09/05 GGRADY, ZACHARY 102.51 wf 102449 09/09/05 OLSON, CHRISTINE 71.49 wf 102450 09/09/05 SCHOENECKER, LEIGH 93.66 wf 102451 09/09/05 SIMPSON, JOSEPH 44.40 wf 102452 09/09/05 SIMPSON, KIbBERLYN 142.48 wf 102453 09/09/05 VAIL, LUCILLE 65.50 wf 102454 09/09/05 VANG, HUE 168.28 wf 102455 09/09/05 VANG, KAY 81.66 wf 102456 09/09/05 VANG, TIM 152.95 wf 102457 09/09/05 VUE,LORPAO 220.66 wf 102458 09/09/05 XIONG,HLAO 38.10 472,039.52 20 Agenda Item G2 IMI:IM[a]:L1ki Bill MI TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Jensen Estates LOCATION: Hoyt Avenue, east of McKnight Road DATE: September 13, 2005 INTRODUCTION Kelly Conlin is requesting that the city council approve the final plat for Jensen Estates. Mr. Conlin represents the developer, Homesites, LLC. This final plat will create eight lots for single dwellings. This plat will be north of Hoyt Avenue, east of McKnight Road. (See the maps on pages two - four.) BACKGROUND On July 25, 2005, the city council approved the Jensen Estates preliminary plat, subject to several conditions. (Please see the council minutes starting on page five.) DISCUSSION The developer is progressing with the construction of the plat. The contractor has completed the rough grading of the site and has started to install the utilities. The developer has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for Jensen Estates date - stamped August 22, 2005. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec24 -29 /Jensen Estates Final plat.doc Attachments: 1. Address Map 2. Proposed Final Plat 3. Approved preliminary plat 4. July 25, 2005, City Council Minutes 5. Proposed Final Plat (Separate Attachment) I RVA We Sao 1121 1622 17 filk Mm 307 jum -Mmo c o" l.s i ol"Ic-I v t swo MONTANA AVE oll "4l o." l'4C.o col"i ADDRESS MAP Attachment 1 LARPENTEUR AVE �Qc WK too- any loss 155," i d5l, 1 T 1AST 1 1W Idd, loll Koo loll Lli vo O 1c W4 44 Ly C3 1616 Co >- 105 5 loco 0 I LU Wo WE 1"K 5b; A ii i 041 7279 035 low HOYT AVE 2305 lob, ADDRESS MAP tie .,f� — — — — — — — — — 264�W — -- — — — — — - " — — — 7T, T 7 - - - - - - - - - - - - - 194,49 N 1 . -4, o — — — — — — — — — 213�63 — — 1010 L — — - -- 19 1.'16 — — — — -_SL — 125 w 6000 L - - - - - - - - - - - - - - O �YT — — — — — — — — — — — — — — — �0� thut: tI 5 Nw I NE 1/4 L + SW 1/4 blE I/- �PROPOSED FINAL PLAT JANSEN- ESTATES m Attachment 3 i ti 13 � 17 �-- 2 7 WETLAJND:i I Ir hRik IN Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:04 P.M. Monday, July 25, 2005 Council Chambers, City Hall Meeting No. 05 -15 FIN Xe1111111111111 teP] N 11:1 N PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach. Councilmember Present Present Present Present Present Others Present: Public Works Director AN City Attorney Kelly Planner Roberts Human Resource Director Le Fire Chief Lukin Police Chief Lukin Fire Chief Thomalla Deputy Clerk Hansen K. NEW BUSINESS 1. Jensen Estates Preliminary Plat (Hoyt Avenue, east McKnight Road) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Commission Pearson presented the Planning Commission Report d. The following person was heard: Tim Greeninger, 2289 Hoyt Ave. East, Maplewood Councilmember Monahan - Junek moved to approve the Jensen Estates preliminary plat (received by the city on June 7, 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. 61 E b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic - control, street identification and no- parking signs. d. Provide all required and necessary easements including: (1) all utility and drainage easements. (2) ten - foot -wide drainage and utility easements along the front and rear lot lines of each lot and five - foot -wide drainage and utility easements along the side lot lines of each lot. (3) Any off -site easements. (4) All wetland buffer easements for all wetlands and their buffers on the site. e. Have Xcel Energy install a street light at the north end of Hoyt Avenue near Lots 7 and 8. The exact location and type of light shall be subject to the city engineer's approval. f. Demolish or remove the existing house (1560 McKnight Road), garages and sheds from the site, and remove all other buildings, fencing, scrap metal, debris and junk from the site. g.Cap and seal all wells on site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. h.Complete all curb on Hoyt Avenue and restore the boulevards on the south side of the site. This is to replace the existing temporary cul -de -sac, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin Laberee dated June 22, 2005 and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. This plan shall account for the existing grades and elevations of the properties and the houses that are adjacent to the project site. (3) Show house pads that reduce the grading on sites where the developer can save large trees. Revise the plan for Lot 4 so the developer and contractor can save the tree near the south property line (# 265 on the tree inventory) and for Lots 6 and 7 to save additional trees. (4) Show the proposed street and driveway grades as allowed by the city engineer. (5) Include the tree plan that: [s9 (a) Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (b) Shows no tree removal beyond the approved grading and tree limits. (c) Shows the spruce trees to be planted as a mix of black hills spruce or Austrian pines that are at least eight feet tall. (d) The planting of at least eight, eight- foot -tall black hills spruce or Austrian pines along the south side of Lot 4 to provide some screening for the house at 2289 Hoyt Avenue. This screening shall be at least 80 percent opaque for at least six feet in height. The final planting shall be subject to city staff approval. (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the surrounding areas and shall ensure that there is no additional run -off from this property onto neighboring properties. (7) Show all proposed slopes. 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 stabilization and planting plan. At a minimum, the slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (8) Show all retaining walls. Any retaining walls taller than 4 feet require a building permit from the city. (9) Show the sedimentation basins or ponds as may be required by the watershed district or by the city engineer. (10) Show no grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (11) Be revised to lessen the amount of grading on the northern part of Lots Six and Seven to help save trees on these two lots. (12) Be revised to show the trail between Lots 6 and 7 from the cul -de -sac to the property to the north. c. The street, driveway, trail and utility plans shall show: (1) The street with a width of 32 feet (with parking on one side), shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Hoyt Avenue) with continuous concrete curb and gutter, except where the city engineer determines that concrete curbing is not necessary. (3) The completion of the curb on all of Hoyt Avenue, the removal of the temporary cul -de -sac and the restoration and sodding of the boulevards. (4) The repair of McKnight Road (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) The coordination of the water maid alignments and sizing with the standards and City Council Meeting 07 -25 -05 4 requirements of the Saint Paul Regional Water Service (SPRWS). (6) All utility excavation located within the proposed right -of -way or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) A water service to each lot. (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, pond outlets or rainwater gardens. The contractor shall protect the outlets to prevent erosion. (10) The cul -de -sac with a minimum pavement radius of at least 42 feet. (11) A label for McKnight Road and the new street as Hoyt Avenue on all construction and project plans. (12) The eight- foot -wide trail between the cul -de -sac and the property to the north. 3. Paying for 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 new street as Hoyt Avenue and label McKnight Road on all plans. c. Show a 20- foot -wide outlot or trail easement between Lots 6 and 7 between the cul -de- sac and the north property line. This outlot or easement shall follow the approved trail alignment. 5. Secure and provide all required easements for the development including wetland and wetland buffer easements and any off -site drainage and utility easements. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. 8. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McKnight Road (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the cittengineer. City Council Meeting 07 -25 -05 e. Plant at least two trees per lot after the grading is complete. f. Provide wetland and wetland buffer easements and signs for each of the wetlands. 9. If there are any, submit the homeowners' association documents for review and approval by city staff. These shall include provisions for the maintenance and use of the rainwater gardens. 10. Record the homeowners' association documents with the final plat. 11. Obtain a permit from Ramsey County for the new street access. 12. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (M PCA). 13. The owner or contractor shall get demolition permits from the city to remove the house, garage and the other structures from the property at 1560 McKnight Road. 14. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Juenemann Ayes -All Seconded by 9 City Council Meeting 07 -25 -05 6 Agenda #G -3 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation to Police K -9 Program Date: September 15, 2005 Introduction A donation has been made to the department's K -9 program, and City Council approval is required before the donation can be accepted. Background The Washington County Bank has a donation jar at its bank, and a different recipient is spotlighted every month. In August, they collected money for the Maplewood Police Department K -9 Program; and we were presented with a check in the amount of $125. The representatives from the bank specifically asked that this donation be used to purchase dog food for the department's two canines. City Council approval is required before this donation can be accepted. Recommendation It is recommended that City Council approval be given to accept this donation and the necessary budget adjustments be made so this donation can be spent for its intended purpose. Action Required Submit to the City Council for review and approval. DJT:js Agenda Item G4 / e [ r ] :1 . U 7 e \ :1 :1 as] :11 TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Bryan Nagel, Street Superintendent SUBJECT: Award Contract for 2005 -2006 Winter Sand DATE: September 6, 2005 INTRODUCTION Two quotes were received for the city's 2005 -2006 sand requirements. Aggregate Industries submitted the low quote of $8.42 per ton. SA -AG, Inc. submitted a quote of $8.48 per ton. There are sufficient funds in the street maintenance budget to cover this expense. Background Over the last four years, the average sand usage per year is 3,190 tons. In previous years, the salt and sand have been hauled into the public works yard, mixed, and piled for the entire season; we were purchasing and storing close to 5,000 tons in a one week period. Due to the newly constructed salt -sand storage facility, it will no longer be necessary to purchase the entire season's materials in a one week period. We will be able to order as needed. Based on previous years' records we anticipate the need to purchase up to 3,000 tons of winter sand. Initially 2,100 tons of sand will be purchased to mix with the road salt and stored in the salt -sand storage facility. This would give us approximately 3,700 tons of salt -sand mix stored on -site. We would have the option to purchase an additional 900 tons of sand, if needed. Nx8101MI MI:Iki UL 1 111 III [a]ki I It is recommended that the City Council approve the quote from Aggregate Industries for the 2005 -2006 winter sand requirements, based on their low quote of $8.42 per ton. An initial purchase of 2,100 tons is recommended with the option to purchase up to an additional 900 tons, if needed; for a total not to exceed $25,260.00. Agenda Item G5 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Director of Public Works /City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood Street Improvements, City Project 03 -39: Approve Supplemental Agreement #1 DATE: September 16, 2005 INTRODUCTION During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached Supplemental Agreement for Hazelwood Street Improvements, City Project 03 -39. Background Since the Hazelwood Street Improvements project is a Municipal State Aid project, a supplemental agreement is required for additional work items, rather than a change order. Supplemental Agreement #1 (see attached) lists 14 additional work items and payment of an incentive for early project completion as specified by the contract. The agreement also provides explanations of why these extra items were necessary. These 15 items amount to $44,465.36, of which $40,915.46 is eligible for state aid funding. The agreement has been submitted to MnDOT State Aid and has been approved. Budget Impacts Approval of this resolution would increase the construction contract by $44,465.36; however, these expenses will fall within the project budget. No adverse budget impacts are anticipated. RECOMMENDATION Request the City Council to approve Supplemental Agreement #1 for Hazelwood Street Improvements, City Project 03 -39. Attachment: 1. 05 -16 Supplemental Agreement #1 MNtDOT TP -02134 -04(4105) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL. AGREEMENT NO. 1 CONTRACTOR; FEDERAL PROJECT NO. STATE PROJECT NO. Forest Lake C 138 - 112 -006 ADDRESS: LOCATION OF WORK: 1477 Lake Drive Hazelwood Street between Beam Avenue and County Road D Forest Lake, MN 55025 Maplewood, MN GROUP NO_ APPR, AMOUNT GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT DATE ENCUMBERED ORIGNINAL ENCMUBRANCE: SA TOTAL $ BY: S ENCUMBERED TO DATE: Individual signing certifies that funds have been encumbered as required by Minn. Stat. § 16AA5 This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows: WHEREAS: This Contract provides for, among other things, grading, aggregate base, bituminous pavement, concrete curb and gutter, concrete walk, storm sewer, traffic signal revisions, and utility Improvements; and WHEREAS: Poor soils were encountered north of St. John's Boulevard that required additional subgrade excavation, granular borrow, installation of drain tile, and additional connections to drainage structures; and WHEREAS: Boulevard grading and the construction of sidewalks required the removal of portions of several private irrigation systems, and conduit crossings under the sidewalks were required to facilitate the reinstallation of those private irrigation systems; and WHEREAS: A portion of the old St. John's Boulevard was uncovered while grading the east right turn lane and boulevard which required additional removals of curb and abandoned storm sewer pipe and flared end section; and WHEREAS: A last minute change in the storm sewer design required the addition of a larger manhole instead of the original one that had already been manufactured and delivered to the site; and WHEREAS: The engineer determined that a number of additional special traffic control signs were necessary to clarify access to the adjoining commercial and residential facilities for the motoring public; and WHEREAS: The new modular retaining wall block required the application of a concrete stain in order to match the existing retaining walls at St. John's Hospital; and WHEREAS: Signal modifications in the contract required the installation of loop wire that was thought to be in place already; and WHEREAS: The north boulevard required the installation of an irrigation system to promote the establishment and maintenance of the median trees and plantings; and WHEREAS: The Project Specifications provided a maximum incentive of $10,000 for early final project completion which was earned, but no pay item for such incentive was provided; and WHEREAS: The Engineer has determined that these foregoing items are necessary for the completion of the project; and MNlDOT TP- 02134 - 04(4/05) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 1 Page 2of3 WHEREAS: The Engineer has further determined that these foregoing items constitute Extra Work under the contract. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The Contractor will provide subgrade excavation, select granular borrow, connections to existing drainage structures, removal of concrete curb and gutter, removal of RCP or CMP storm sewer pipe, and removal of drainage structures in the quantities listed below in the ESTIMATE OF COST. 2. Payment for this work will beat the Contract Unit Prices. 3. The Contractor will provide Construction Signs - Special, Construct Drainage Structure, Design 54 ", Supply Drainage Structure, Irrigation System Provision, 4" Perforated Pipe Drain, and Architectural Surface Finish (Single Color) in the quantities listed below in the ESTIMATE OF COST. 4. Payment for this work will beat the Negotiated Unit Prices listed below in the ESTIMATE OF COST. 5, The Contractor will provide the Irrigation System, and Install Cables and Conductors in the quantities listed below in the ESTIMATE OF COST. 6. Payment for this work will beat the Negotiated Lump Sum Price listed below in the ESTIMATE OF COST. Payment for Early Project Final Completion will be at the Lump Sum Price listed below in the ESTIMATE OF COST in keeping with the Project Specifications. 8. Contract time will not be revised except as may be provided in MniDOT Specification 1806. 9. The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses that he may have incurred or that may be hereafter incurred in performing the work and furnishing the materials required by this Agreement. ESTIMATE OF COST Item No. Item Unit Unit Price Quantity Amount Group 2105.507 SUBGRADE EXCAVATION CY $7.00 869 $6,083.00 PART. 2105.522 SELECT GRANULAR BORROW CY $10.00 1178 $11,780.00 PART. 2506.602 CONNECT INTO EXISTING DRAINAGE EA $2.00 500 $1,000.00 PART. STRUCTURE 2104.501 REMOVE CONCRETE CURB AND GUTTER LF $2.20 22 $48.40 PART. 2104.501 REMOVE RCP OR CMP STORM SEWER PIPE LF $10.00 56 $560.00 PART. 2104.509 REMOVE DRAINAGE STRUCTURE (CB, EA $2.00 500 $1,000.00 PART. MH,CBJMH OR FES 2563.618 CONSTRUCTION SIGN - SPECIAL SF $20.35 94 $1,912.90 NON - PART. CONSTRUCT DRAINAGE STRUCTURE, 2506.502 DESIGN 54" MANHOLE Wt R- 1678 -A CASTING EA $2,375.00 1 $2,375.00 PART. ASSEMBLY & R- 2422 -0009 (TYPE C) RADIAL GRATE MNtDOT TP- 02134- 04(4/05) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT NO. 1 Supp. To Contract No. Page 3 of 3 Project Engineer e ,� Dated: By: Pursuant to Delegation BY: Dated: Assistant District Engineer Dated: By: Commissioner of Administration or Pursuant to Delegation FURNISH DRAINAGE STRUCTURE EA 1 $615.00 1 $615.00 NON - PART. 2506.602 2502.601 IRRIGATION SYSTEM PROVISION LF $7.00 146 $1,022.00 NON - PART. 2504.601 IRRIGATION SYSTEM LS $3,550.00 1 $3,550.00 PART. 2105.507 4" PERE TP PIPE DRAIN LF $9.00 140 $1,260.00 PART. 2411.618 ARCHITECTURAL SURFACE FINISH (SINGLE SF $1.10 830 $913.00 PART. COLOR 2565.603 INSTALL CABLES AND CONDUCTORS LS $2,346.06 1 $2,346.06 PART. EARLY PROJECT FINAL COMPLETION LS $10,000.00 1 $10,000.00 PART. INCENTIVE Total of Participating Items $40,915.46 Total of Non - participating Items $ 3,549.90 Total for Supplemental Agreement 1 TW,465 .36 Project Engineer e ,� Dated: By: Pursuant to Delegation BY: Dated: Assistant District Engineer Dated: By: Commissioner of Administration or Pursuant to Delegation Agenda Item G6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment Improvements (T.H. 61 to Hazelwood), City Project 02 -07— Approve Purchase Agreement with Xcel Energy and Revision to Option Agreement for Resale of Property DATE: September 19, 2005 INTRODUCTION As part of the realignment of County Road D, the city is purchasing property from Xcel Energy for the roadway portion of the project. A remnant of the parcel will be sold to Countryview Golf Course as part of that property's negotiations. Approval of the Purchase (License) Agreement with Xcel and extension of the option agreement with Countryview Golf is required. Background Attached are two agreements that allow the City to acquire the Xcel property for $285,000, and to resell the remnant of that parcel that is not needed for the roadway to the adjacent property owner, Countryview Golf Course, for $242,320. Approval of these agreements is recommended. Discussion /Budget Impact This project has exceeded the original budget amount. This expense is part of the original scope of work and was estimated as part of the right of way costs. The net expenses are noted below: Xcel Property Purchase: $285,000 Resale of remnant to Countryview: ($242,320) Net Cost to City: RECOMMENDATION $42,680 It is recommended that the city council approve the attached Purchase Agreement with Xcel Energy in the amount of $285,000 and the Option Agreement with Countryview Golf for $242,320. Attachments: 1. Xcel License Agreement 2. Countryview Option Agreement 3. Location Map TEMPORARY LICENSE AGREEMENT (Kohlman Lake Substation, Ramsey County, Minnesota) This TEMPORARY LICENSE AGREEMENT ( "License ") is made this _ day of August, 2005 by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d /b /a Xcel Energy, with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ( "Licensor ") and CITY OF MAPLEWOOD, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, with an address of 1830 County Road B East, Maplewood, MN 55109 ( "Licensee "). RECITALS A. The Licensor is the fee owner of certain real property described as TRACT A, REGISTERED LAND SURVEY NO. 262, FILES OF THE REGISTRAR OF TITLES, RAMSEY COUNTY, MINNESOTA (the 'Property "), and desires to protect and preserve the Licensor's utility facilities located thereon and Licensor's current and future use of said Property. B. Licensee desires access to and use of a portion of the surface of the Property, which portion of the Property is more particularly described in Exhibit A attached hereto and made a part hereof (the "Licensed Premises "), and to have ingress and egress to the Licensed Premises through existing roads, said Licensed Premises to be used by Licensee for the sole purpose, and for no other purpose, of the reconstruction /realignment of County Road D, City Project 02 -07 (the 'Project'), such Project and Licensed Premises being further described and /or shown on said Exhibit A, and Licensee desires to obtain Licensor's permission therefor. C. Licensee hereby acknowledges that (i) it intends to proceed with the purchase of the Licensed Premises in accordance with the terms of a purchase agreement (the 'Purchase Agreement') to be entered into by Licensor, as seller, and Licensee, as purchaser, which Purchase Agreement shall provide, among other things, for a purchase price of $285,000.00 and a closing date not later than sixty (60) days after the date of this License; and (ii) the sole purpose of this License is to allow Licensee to begin its use of the Licensed Premises prior to the closing of its purchase thereof in accordance with the terms of the Purchase Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the agreement by Licensee to use the Licensed Premises for the purpose of the Project, as stated above, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Right of Entry The Licensor hereby grants to the Licensee and its affiliates, with respect to such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter stated, on a revocable, non - exclusive basis, the permission and right to access and use the Licensed Premises for the Project. Such right of access and use is granted only for the term of this License as set forth below, and only for the purposes set forth above. If the Licensed Premises shall deviate, in any manner, from Exhibit A, or the purposes as herein stated shall be changed, the Licensee shall notify Licensor and obtain its approval in advance for any such changes. 2. Term. The term of this License shall be for a period commencing on the date hereof and ending on the date which is sixty (60) days thereafter (the "Expiration Date "), unless sooner terminated as herein provided. Licensee shall be entitled to enter the Licensed Premises on the effective date hereof. Licensee hereby acknowledges that it is the specific intent of the parties that the term of this License shall expire on the Expiration Date in the event that the Closing does not occur on or before the Expiration Date, and in such event the provisions of Paragraph 20 hereof shall become applicable. This License may be terminated early as follows: a. Either party may terminate this License for any reason or no reason whatsoever by giving thirty (30) days prior written notice. b. Licensor may terminate this License for Licensee's material breach of any of the terms and conditions of this License, as provided herein, such breach constituting a default by Licensee under the License; and c. In the event Licensee becomes insolvent, or is declared bankrupt, the Licensor may declare this License ended, and all rights of the Licensee hereunder shall terminate. In the event that Licensee acquires title to the Licensed Premises by means of condemnation or a conveyance of title from Licensor in lieu thereof, this License shall automatically terminate on the date of said acquisition of title by Licensee. 3. License Fee As complete and full payment for the rights herein granted and for the term herein granted to Licensee, Licensee agrees to pay Licensor a total license fee ( "License Fee ") of $ -None- , the equivalent of which is $ -None - per month, prorated for partial months, and payable in advance, and without demand, on the first day of each month of Licensee's occupancy of the Licensed Premises. License Fee payments shall be made to Northern States Power Company, c/o Xcel Energy, 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401, Attention: Corporate Real Estate, or at such other address given to Licensee in a notice provided as set forth herein. Should termination, as provided herein, occur before the end of the term for which the License Fee was paid in advance, and Licensee is not in default of any of the agreements contained herein, such License Fee shall be prorated, accordingly, with that portion representing the unused term to be refunded to Licensee. 4. Licensed Interest Only This License does not convey an interest in real property. 5. Licensors Reserved Rights Licensor reserves the right, at any time and from time to time, to make such use of the Licensed Premises and Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric power generation, transmission or distribution and appurtenant facilities, by way of example, but not limited to, entry /exit gates, roads and railroad transportation, located or to be located on the Licensed Premises and Property. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to unreasonably interfere with the Project. However, Licensor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the Project, by reason of the exercise VA of the foregoing rights or any other rights of Licensor to enter into or use the Licensed Premises, and the obligations of Licensee under this License shall not be affected in any manner. 6. Removal and Relocation The Licensee shall remove at its own expense, the Project from the Licensed Premises or any part thereof, or relocate the same to a different location on the Property as requested by the Licensor, if the Project should interfere, in the Licensor's sole and absolute discretion, with the operation and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use of the Licensed Premises should, in the reasonable judgment of the Licensor, constitute a hazard to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Project and Licensed Premises to eliminate such interference or hazard, and may suspend the Licensee's right to use the Licensed Premises under this License until such removal, relocation, or modification is completed. 7. Non - exclusive License This License is issued subject to any prior licenses, easements, leases or other such rights granted by the Licensor for improvements of other parties. The Licensor reserves the right to license others to install improvements in, on, under, or along the Property provided that same shall not interfere unreasonably with the Project herein authorized. 8. Blasting The Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Property without first having received prior written permission from the Licensor. Any blasting shall be done in the presence of a representative of the Licensor and in accordance with directions such representative may give for the protection or safety of the facilities located on the Property. 9. Construction Approval and Notification The Licensee agrees that it shall not begin any construction on the Licensed Premises for the Project until the Licensee first provides the Licensor with plans and specifications, and until such plans and specifications have been approved by the Licensor, which approval will not be unreasonably withheld. The Licensee shall contact Gopher State One Call (651- 454 -0002) at least two working days prior to the commencement of construction on the Licensed Premises to arrange for field locating of utility facilities. Further, if the Licensor has constructed electric transmission facilities on the Property, the Licensee shall contact the Licensor's Electric Transmission Lines department at 612- 330 -5890 at least four working days prior to the commencement of construction on the Licensed Premises, and unless waived by said department, no construction shall be performed unless a representative of the Licensor is present at the time and place of construction. The instructions of such representative relating to the safety of the Licensor's facilities will be followed by the Licensee, its agents and employees. Any damage to facilities on the Licensed Premises or Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee. These provisions shall also apply to any other work involving construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of the Project on the Property. 10. Licensor's Natural Gas Advisory The Licensee agrees and understands that if the Licensor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such natural gas facilities and the danger and risk involved. 3 11. Licensor's Cathodic Protection System The Licensee has been fully advised by the Licensor that the natural gas facilities of the Licensor, if located on the Property, may be subject to cathodic protection by rectifier and related anode beds. The Licensor shall not be liable for stray current or interfering signals induced in the Project and the Licensed Premises as a result of the operating of the Licensor's cathodic protection system. 12. Licensor's Electric Power Advisory The Licensee agrees and understands that if the Licensor has constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such electric facilities and the potential danger and risk involved. 13. Licensee to Indemnify (a) (i) As used in this License, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential or other damages. (b) To the extent permitted by law, the Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this License; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Property; or (3) the Licensee's or any other person's presence at the Property as a result of or related to this License. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of the Licensee or its contractors, subcontractors, or their employees; (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5) any Hazardous Materials, regardless of origin; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Licensee, its sublicensees, invitees, agents, or employees. 14. Insurance Licensee shall purchase and maintain such insurance as shall protect Licensee and Licensor from claims which may in any way arise out of or be in any manner connected with the performance of this License, whether such claims arise out of the act or failure to act of the Licensee, Licensor, or of the direct or indirect delegee, appointee, or employee of either. (a) Notwithstanding any provision of this License to the contrary, this insurance shall be as specified below, and, except for worker's compensation, automobile, and professional liability insurance policies, all insurance policies shall name Licensor as an additional insured: (i) Worker's Compensation Statutory, Employer's Liability Limit, in the amount of one million dollars ($1,000,000); (ii) Commercial General Liability Insurance, occurrence form, providing bodily injury, personal injury, and property damage liability coverage with combined single limits of not less than five million dollars ($5,000,000); (iii) Comprehensive Automobile Liability with combined single limits of not less than one million dollars ($1,000,000); (iv) The policies described herein shall be endorsed to show that the insurers waive subrogation against Licensor, its directors, officers, and employees. (b) Certificates of Insurance acceptable to Licensor shall be filed with Licensor prior to commencement of the construction of the Project and use of the Licensed Premises. These certificates shall contain a provision that coverages afforded under the policies shall not be canceled until thirty (30) days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a continuing obligation to provide the insurance coverage described herein and none of the insurance required herein shall be canceled, changed, or allowed to lapse. (c) Insurance specified herein shall be minimum requirements and Licensee is responsible for providing any additional insurance deemed necessary to protect Licensee's interests from other hazards or claims in excess of the minimum coverage. The liability of Licensee is not limited to available insurance coverage. 15. Licensor's Activities The Licensor shall use care not to damage the Project in the construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of its facilities located on the Property, and shall give reasonable notice to the Licensee of any of its activities in the immediate vicinity of the Project. 16. Distance and Height Requirements The Licensee shall construct and use the Licensed Premises so as to maintain the maximum distance between the Project and the Licensor's electric and /or natural gas facilities, or other facilities located on the Property, allowable by the width and terrain of the Property. If the Project crosses over or under the Licensor's electric and /or natural gas facilities, the crossing shall be as directed by the Licensor. Notwithstanding the 1.. foregoing, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. 17. Restoration Following Construction After construction of the Project and thereafter, in the event of resettling, the Licensee shall restore the surface of the Licensed Premises by grading and compacting any irregularities, reseeding, and /or revegetation as required to restore original conditions. 18. Reimbursement by Licensee The Licensee shall reimburse the Licensor for all costs involved for replacing and resetting any section corners, quarter corners, ownership monuments, right -of -way markers, and reference points disturbed or destroyed during Licensee's use of the Licensed Premises. 19. Copy of License A copy of this License shall be on the Licensed Premises at all times during construction of the Project. 20. Termination, Removal and Restoration Upon any termination of the License as herein provided, the Licensee shall remove all of the Project from the Licensed Premises within sixty (60) days from the date of termination, and shall restore the Licensed Premises to the Licensed Premises' condition prior to this License taking effect by grading and compacting any irregularities, reseeding, and /or revegetation as required by Licensor. Removal of the Project and restoration of the Licensed Premises shall be performed under the same terms and conditions as the construction of the Project. If the Licensee should fail to remove the Project and restore the Licensed Premises within said sixty (60) day period, the Licensor may remove the same and restore the Licensed Premises at the expense of the Licensee. 21. Workers' Compensation Insurance The Licensee further agrees to provide, keep in full force and effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of Minnesota on all employees entering upon the Property. 22, Assignment Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this License. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this License immediately without written notice. 23. Other Authority or Rights The Licensee shall bear the sole obligation of obtaining such other authority or rights as the Licensee may need in addition to the rights provided in this License for the construction of the Project and use of the Licensed Premises. 24. Hazardous Materials Except with the express written permission of the Licensor, the Licensee shall not bring onto the Property, or permit to be brought onto the Property, any hazardous or toxic substance or material (including petroleum) regulated by the State of Minnesota, the United States government, or any other government authority with applicable jurisdiction ( "Hazardous Materials "). In the event the Licensee brings Hazardous Materials onto the Property (with or without permission of the Licensor), the Licensee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. The Licensee shall remove such Hazardous Materials from the Property immediately upon request of the Licensor. The Licensee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land, including, but not limited to, the Property, incurred as a result of the IV, presence of such Hazardous Materials on the Property, or arising out of the acts or omissions of the Licensee, its agents, sublessees, invitees, or employees. 25. Notices Any and all notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if delivered personally, (b) three (3) business days after the mailing thereof by first class, postage prepaid, registered or certified mail if mailed, or (c) one (1) business day after being dispatched by a nationally recognized overnight delivery service, in any event, addressed to the party's respective addresses set forth below or at such other address as may be designated in a written notice and given in accordance with this paragraph: To Licensor: Northern States Power Company c/o Xcel Energy Services, Inc. Attn: Corporate Real Estate 414 Nicollet Mall, Mezzanine Minneapolis, Minnesota 55401 To Licensee: City of Maplewood Attn: Chuck AN 1830 County Road B East Maplewood, Minnesota 55109 26. Amendment This License may be amended only by a written Amendment signed by both parties. 27. Relationship of Parties Nothing in this License shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning the Project on the Licensed Premises. 28. Governing Law This License shall be construed in accordance with and governed by the laws of the State of Minnesota. 29. Severance Should any portion of this License be declared invalid and unenforceable, then such portion shall be deemed to be severed from this License and shall not affect the remainder thereof. 30. Counterpart Execution This License may be executed in two original counterparts, each of which shall be deemed an original of this instrument. 31. Additional Provisions (a) No Implied Waiver No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any other breach. Any payment by the Licensee, or acceptance by the Licensor, of a lesser amount than due under this License shall be treated only as a payment on account and not as a waiver as to the full amount due. Further, failure of the Licensor to timely make demand of Licensee for any unpaid amounts, as required herein, shall not be deemed a waiver of the Licensee's liability to pay same. (b) Default If any default is made by Licensee in any of the agreements contained herein, it shall be lawful for the Licensor to declare the term ended, and to enter the Licensed Premises, either with or without legal process, and to remove the Licensee or any other person occupying the Licensed Premises, using such force as may be necessary, without being liable for prosecution, or for damages, and to repossess the Licensed Premises free and clear of any rights of the Licensee. If, at any time, this License is terminated under this paragraph, the Licensee agrees to peacefully surrender the Licensed Premises to the Licensor immediate upon termination, and if the Licensee remains in possession of the Licensed Premises, the Licensee shall be deemed guilty of forcible entry and detainer, and, waiving notice, shall be subject to forcible eviction with or without process of law. (c) Safety and Maintenance Licensee agrees to: a) at all times, adhere to Licensor's safety and security policies as may be provided from time to time by Licensor either verbally or in writing; b) utilize sound dust control /suppression practices, as approved by Licensor, when using the Licensed Premises and Property under this License, all at the Licensee's sole expense; c) keep the Licensed Premises in a sightly condition at all times, all at the Licensee's sole expense; d) keep the entire Licensed Premises free from all rubbish, waste, dirt, debris, and obstructions of any sort; e) keep the Licensed Premises in a condition as required by law, including by the ordinances of the city, town or county in which the Licensed Premises are situated; and f) control all noxious plants and weeds to prevent seeding or spreading by use of mechanical means only. (d) Not to Record Licensee shall not record this License and such recordation shall permit Licensor to terminate this License immediately without written notice. (e) Non - transferable Right This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Licensed Premises. (f) Utilities The Licensed Premises are vacant, "as is" and presently without utility services of any kind. Any such service to the Licensed Premises or the Project shall be at the sole expense of the Licensee, including, but not limited to permits, licenses, fees and any associated costs of "hook -up," and must be approved by Licensor in advance. It is expressly agreed that the Licensor will not furnish any water, whatsoever, for any purpose incidental to the Project. (g) Protective Bollards Should any transmission towers, being a part of Licensor's utility facilities, exist on the Licensed Premises, Licensee shall install protective bollards to be placed around such existing tower(s), with a span of no less than 10 -feet between the bollards and the tower(s), as further dictated by Licensor. (h) Liens and Encumbrances Licensee shall keep the Licensed Premises free of all liens and encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises. (i) Disclaimer of Warranty Licensee has conducted its own investigation and inspection of the Licensed Premises and is familiar with the physical condition of the Licensed Premises and surrounding terrain, and is fully informed as to the existing conditions and limitations. Licensor makes no representation as to the suitability of the Licensed Premises for use by Licensee and no such representation, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. (j) Costs Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any manner associated with Licensee's activities under the License. (k) Compliance with Laws, Rules and Regulations At its sole cost and expense, Licensee shall give all necessary notices and obtain all required permits, licenses, authorizations and approvals and shall comply and ensure that all of its employees, licensees, ti agents, contractors, subcontractors, invitees, suppliers and other persons comply with all applicable federal, state and local laws, ordinances, governmental rules and regulations relative to the Licensed Premises and the Project, including those relating to the preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder. (1) Covenant Not to Sue Licensee, for itself and its representatives, hereby releases and covenants not to sue or bring any action (whether legal or not) against Licensor for injury sustained to Licensee's person and property or the person and property of Licensee, its employees, licensees, agents, contractors, invitees and other persons due to or in anywise growing out of or connected directly or indirectly with (a) the Project and associated activities on the Licensed Premises; (b) his, her or their presence in and about the Licensed Premises and the Property as a result of or related to this License; (c) the existing condition of the Licensed Premises; (d) Licensor's actions reasonably necessary to protect its Property and facilities during emergency conditions; (e) Licensor's right to suspend Licensee's work as provided herein; and (f) Licensor's exercise of its rights hereunder. Subject and subordinate to the provisions of Paragraphs 13 and 14 hereof, none of the above should be construed to relieve Licensor of its responsibility for negligent acts and omissions or intentional torts of its employees, agents, contractors, invitees or licensees (exclusive of Licensee) occurring during the term of this License. (m) Licensee's Sole Risk and Expense Licensee agrees that use of the Project by the Licensee hereunder, or its employees, agents, contractors and other persons, shall be at the sole risk and expense of Licensee. (n) Security. Licensee, at its sole cost and expense, shall provide all security necessary pursuant to this License, including that necessary for: 1) Licensee's vehicles, improvements, equipment, supplies and facilities, and Licensor shall have no liability for any injury, loss or damage arising out of Licensee's failure to properly provide such security; and 2) protection of Licensor's facilities on the Property, as requested by Licensor. (o) Condemnation In the event of a condemnation or other taking of all or any portion of the Property by any governmental agency or other party, all proceeds shall be paid to the Licensor hereunder, the Licensee waiving all right to any such payments. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. NORTHERN STATES POWER COMPANY M Gina L. Bulloch Director, Corporate Real Estate THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager f[9: EXHIBIT A That portion of TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota, described as follows: A strip of land 100.00 feet wide, the centerline of said strip being described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly along a non - tangential curve for 908.99 feet, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly along a tangential curve for 495.09 feet, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said centerline there terminating. The sidelines of said strip are to be prolonged or shortened to terminate along the easterly and southerly lines of Tract A of Registered Land Survey No. 262. Together with all that part of the above - described Tract A which lies northerly and northwesterly of the above - described strip of land and which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 40.00 feet northerly and northwesterly from the northerly and northwesterly line of the above - described strip of land. The sidelines of said part of Tract A are to be prolonged or shortened to terminate on the easterly, westerly and southerly lines of said Tract A. (NOTE: As to that part of the said Tract A which is described in this paragraph, the Purchase Agreement shall provide for the acquisition by Licensee of only a temporary construction easement for construction purposes over said parcel, not fee title thereto.) Together with all that part of the above - described Tract A which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 50.00 feet southerly and southeasterly from the following described line and its extensions: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly for 908.99 feet along a non - tangential curve, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating. 11 Agenda Item G6 MEMORANDUM OF OPTION THIS MEMORANDUM OF OPTION, made and entered into this day of , 2005, by and between Country View Golf Center, Inc., a Minnesota corporation ( "Purchaser ") and the City of Maplewood, a Minnesota municipal corporation ( "City "). WHEREAS, the City has acquired a parcel adjacent to the Purchaser's parcel; WHEREAS, after the City finishes constructing the right -of -way on the parcel, there will remain excess property; WHEREAS, the City has determined the amount of excess property that will be available after the construction of the right -of -way; WHEREAS, the Purchaser is interested in purchasing this excess property from the City; and NOW THEREFORE, in consideration of a payment of $1.00 by Purchaser to City, the City agrees to grant to Purchaser an option to purchase that parcel identified as the Xcel Energy parcel as set forth and identified in attached Exhibit A and made a part hereof ( "Xcel Energy Parcel "). The City hereby grants to Purchaser the option to purchase the Xcel Energy Parcel at a purchase price of two hundred and forty two thousand, three hundred and twenty dollars ($242,320.00). The Xcel Energy Parcel shall be sold by the City to Purchaser "as is." This Option shall commence on the date of execution of this Memorandum and expire on August 31, 2006. In the event that the Purchaser sells its adjoining property, before the Xcel Energy Parcel has been conveyed to it or a third party purchaser, then this Option may be assigned by Purchaser and this Option shall run with the Xcel Energy Parcel and burden the Xcel Energy Parcel. This right shall continue to run with the Purchaser's property and shall be binding on and to the benefit of all successors and assigns of the Property. Upon the expiration of this Memorandum of Option, the Purchaser understands and agrees that it has no rights or interest in the Xcel Energy Parcel. This Memorandum of Option represents the entire understanding between the City and the Purchaser and all prior Agreements, either oral or written, with the exception of the parties' Settlement Agreement and Option, are hereby declared null and void. Any amendment to this Memorandum of Option shall only be effective upon reduction to writing, with said writing to be executed by both the City and Purchaser. If any provision of this Memorandum of Option shall be held to be invalid in any court of competent jurisdiction, the invalidity of such provision shall not affect any other provisions. Agenda Item G6 IN WITNESS WHEREOF, the City and the Purchaser have caused this Memorandum of Option to be executed and delivered as of the date first written above. CITY OF MAPLEWOOD COUNTRY VIEW GOLF CENTER, INC. CS Dated Its: Mayor Its: C Dated C Dated Its: City Manager Agenda Item G6 COUNTY ROAD G 'r-VN YY ROAD D R' CNMENT YFAT INIERSEGTtON REALIGNMENT SEGMENT 2 IMRRO MENT'S SEGMENT 9 COUMTY ROAD 0 $%-WENT 3 OUNTY ROAD E HICHRIDGE COURT REAUGNMENT SEGMENT 4 . . SITE DISTANCE RE t RON SEGMENT 5 - t Agenda Item G7 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 Hazelwood), City Project 02 -07— Approve Joint Powers Agreement with Ramsey County for Bruce Vento Trail Improvements DATE: September 19, 2005 Iki III III :is]111101[a]ki The abandonment process for the BNSF Railroad is required to complete the County Road D project. As part of the abandonment, the Surface Transportation Safety Board (STB) determined that an interim trail use is appropriate. Ramsey County has signed the Realignment Agreement and agreed to provide funds for an extension of the Bruce Vento Trail from Beam Avenue to Buerkle Road. A cooperative agreement that provides for temporary and permanent trail easements and payment of construction costs is proposed. 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. The abandonment process was completed on Monday, September 19` when the STB approved the MOA with the State Historic Preservation Organization and removed the final provisions of the abandonment. The staff is in the process of finalizing the purchase of the BNSF right of way. As part of the Realignment Agreement, Ramsey County agreed to pay the cost of extending the Bruce Vento Trail from Beam Avenue to Buerkle Road. Attached is a copy of a Cooperative Agreement with Ramsey County. The agreement provides for cooperative construction, purchase of a trail easement and a temporary interim easement. With all the agreements, the following funding from Ramsey County is anticipated: Construction of Bruce Vento Trail: $319,200 Purchase of Trail property in White Bear Township: $ 86,130 Purchase of Trail Easement from Maplewood: $263,870 Total Ramsey County payment to City: $669,200 Approval of the agreements is recommended. Ramsey County has grants for these funds that expire on December 31, 2005. Construction should begin on September 27, 2005 and be completed in time for the grant fund dispersal. RECOMMENDATION It is recommended that the city council approve the attached Cooperative Agreement with Ramsey County, the Interim Temporary Recreational Trail Easement and the Permanent Trail Easement. Attachments: 1. Cooperative Agreement 2. Interim Temporary Recreational Trail Easement 3. Permanent Trail Easement 4. Location Map RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MAPLEWOOD Agreement between Maplewood: Estimated the County of Ramsey Amount Receivable from and the City of Maplewood Ramsey County for Preliminary Engineering, Final Engineering and Construction: $319,200.00 Re: Preliminary Design, Final Design and Construction of: Bruce Vento Trail - Beam Avenue to Buerkle Road Attachment: County Road D Improvements (CP 02 -07) Bid Tabulation THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH: WHEREAS, the parties propose to enter into a joint agreement (PW 2004 — _) to provide for the preliminary design, final design and construction of the Bruce Vento Trail from Beam Avenue to Buerkle Road, hereinafter referred to as the "Project "; and WHEREAS, Ramsey County has received State grant funding to pay for the design and construction costs for the Project; and WHEREAS, the City and the County desire to retain the services of a professional engineering consultant to provide preliminary design, final design and construction phase services for the Project; WHEREAS, the City and the County desire to award a contract through a public bidding process for the construction of the Project; NOW, THEREFORE, IT 1S HEREBY MUTUALLY AGREED AS FOLLOWS: The City shall retain the services of a professional engineering consultant to provide the preliminary design, final design and construction phase services for the Project. Preliminary and final design plans developed by the City shall be submitted to the County for review and approval. 1 (PW 2004 - ) The County shall cooperate with the City's consultant in the preparation of the preliminary and final design plans as may be beneficial to the timely completion of the Project. The County, without cost to the City or Consultant, will supply for use in the design all available materials previously prepared for the Project. This shall include plans for other completed segments of the trail construction and digital mapping in AutoCAD format. The City shall administer the contract for consultant engineering services and make payment for all services rendered. The City shall invoice County for the costs paid to the consultant by the City. The City shall invoice the County periodically for preliminary and final design services for the Project at a cost not to exceed $14,800.00. Costs for preliminary and final design services in excess of $14,800.00 will require an amendment to this agreement. The City shall award and administer a construction contract for the construction of the Project. The City shall invoice Ramsey County for the costs paid to the contractor by the City. The City shall invoice the County periodically for construction costs for the Project at a cost not to exceed $279,400.00, including removal and disposal of railroad track and ties. Construction costs in excess of $279,400.00 will require an amendment to this agreement. Construction costs will be paid to the contractor on a unit price basis using the unit prices shown on the attached bid tabulation. The City shall invoice the County periodically for construction administration, staking and inspection services associated with the Project at a cost not to exceed $25,000.00. Costs for construction administration, staking and inspection services in excess of $25,000.00 will required an amendment to this agreement. City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each party by terms of this agreement. Nothing herein shall be deemed a waiver of the statutory limits of liability or either party. It is understood and agreed by the parties hereto that this agreement shall not be modified or amended except in writing duly signed by each of the parties. This agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. 2 (PW 2004 - ) It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of agents, partners, joint venturers, or associates between the parties hereto or as constituting the City or any of it Contractors as employees of the County for any purpose or in any manner whatsoever. The City and its Contractors are independent contractors and neither they, their employees, agents nor representatives are employees of the County. From any amounts due the City, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer - employee relationship unless required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of the City. It is the responsibility of the City to require its contractors to purchase and maintain such insurance as will protect the County from claims which may arise out of or result from operations of the Contractor under the terms of this Agreement. However, the City shall require the Contractor to purchase and maintain the following coverages if required as indicated below: a. Auto Liability — including hired and non - owned, if Contractor is driving on behalf of the County as part of Contractor's services under this Agreement. b. Professional Liability /Errors and Omissions, if Contractor is providing architectural, engineering, legal, or medical services. C. Workers' Compensation as required by Minnesota Statutes. Declination of Workers' Compensation coverage In accordance with Minnesota law, Contractor is not required to carry Workers' Compensation Insurance and Contractor elects not to purchase the coverage. (Contractor to sign and date if applicable) Date Until the expiration of six years after the furnishing of services pursuant to this Agreement, the City, upon written request, shall make available to the County, the State Auditor, or the County's ultimate funding source, a copy of this Agreement, and the books, documents, records, and accounting procedures and practices of the City relating to this Agreement. The City agrees that, in the hiring of all labor for the performance of any work under this Agreement, that it will not by reason of race, creed, color, gender, sexual preference, marital status, status with regard to public assistance, age, religion, national origin or disability, discriminate against any person who is a citizen of the United States and who qualifies and is available to perform the work to which such employment relates. When required by law or requested by the County, City shall furnish a written affirmative action plan. All data collected, created, received, maintained or disseminated for any purposes in the course of City's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Statutes Chapter 13, or any other applicable State statutes, any state rules adopted to implement the Act and statutes, as well as federal laws and regulations on data practices. 3 (PW 2004 - ) The purchase of services from the City under this Agreement is subject to the availability and provision of funding from the United States, the State of Minnesota, or other funding sources. The County may immediately cancel this Agreement, or a portion of the services to be provided under this Agreement, if the funding for the services is no longer available to the County. Upon receipt of the County's notice of cancellation of the Agreement, or of a portion of the services to be provided under this Agreement, the City shall take all actions necessary to discontinue further commitments of funds to the extent they relate to the Agreement or the portions of this Agreement for which funding has become unavailable. The City agrees to implement and comply with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Public Law 104 -191), as it may be amended from time to time. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this Agreement shall be venued in the appropriate State or Federal District Court in Ramsey County, Minnesota. This Agreement is complete and supersedes all oral agreements and negotiations between the parties as well as any previous agreements presently in effect between the parties relating to the service identified herein. IN WITNESS WHEREOF, the parties have caused this agreement to be executed. CITY OF MAPLEWOOD, MINNESOTA ME Robert Cardinal, Mayor SJ Richard Fursman, City Manager Date: Attachment — Bid Tab COUNTY OF RAMSEY — By � �a _' Victoria Reinhard, Chairperson Board of on ommission Attes Bonnie Jackelen, Chi erk a7/ Board of County Commissioners Date: 74 6 S Ap ved as to Form a7d:'ns(ance: Assistant ounty Attorney Budgeting and Accountink Reco nmended for Approval: Grego A. M FFk, rector Parks and Recrd�ti Department 4 (PW 2004 - _) Schedule: 2 Description: B.A. #2 - SCH. A; S. TRAIL Item No. MhDOT No. Item Description Unit 1 2101.501 Clearing AC 2 2101.502 Clearing TREE 3 2101.506 Grubbing AC 4 2105.507 Grubbing TREE 5 2105.513 Sawing Bituminous Pavement LF 02-Jun-04 5.00 $ 100.00 6 2105.607 Remove Ballast CY 7 2105.501 Common Excavallon (F) CY .8 2105.523 Common Borrow CY 9 2105.525 Topsoli Borrow CY 10 2211.501 Aggregate Base, Class 5 TON 11 2521.501 8' Concrete Crosswalk SF $ 4.50 (colored) 12 2521.511 X Bituminous Walk SF 13 253.1.602 Pedestrian Curb Ramp (12' EA $ 14,880.00 Wide) 14 2557b03 Chain Unk Fence. Black Vinyl LF Coated (6' Fngh) 33000,00 $ 15 2564.531 Sign Panels Type C 5F 16 2564.537 Install Sign Type C EA 17 2573.502 Siff Fence. Type Reassembled LF 18 2575.501 Seeding ACRE 19 25711502 Seed Wrxture 60B LB 20 2575.511 Mulch Material Type 3 TON 21 2575.519 Disk Anchoring ACRE Contract Unit Quantity Price Amount 0.15 $ __2.500.00 $ . 375.00 Item No. MnDOT No. Rem Description Unit 5.00 $ ----100.00 Price $ 500.00 0.10 $ 2,500.00 0.15 $ 2,500.00 $ ______q75.00 100.00 02-Jun-04 5.00 $ 100.00 $ 500.00 215.00 $ 3.00 $ 900.01) $ 5.00 $ 4,500.00 1374.00 $ 5.00 $ 6,870.00 450.00 $ 0.01 $ 4.50 600.00 $ 0.01 $ 6.00 121)0,01) $ 12.40 $ 14,880.00 1410.00 S 9.20 $ 12,972.00 33000,00 $ 0.80 $ 26,400.00 4.00 $ 2 200.00 $ 8,800.00 800.00 $ 35.00 $ 28,000.00 2.25 $ ____100.00 $. 225.00 1.00 $ ----100.00 $ 100.00 4600.00 $ 2 00 S 9 , 200.00 1.05 $--- - 00 $ 477.75 3200 $ ----I.00 $ 64.00 4.50 $ 70.00 $ 315.00 1.05 $ 100.00 $ 1 05.00 Schedule 2 Subtotal: $ 115 Schedule: 3 Description: B.A. #3 - SCH. B - N. TRAIL Contract Unit Item No. MnDOT No. Rem Description Unit Quantity Price 1 2101.501 Clearing AC 0.10 $ 2,500.00 2 210.1.502 Clearing TREE 2.00$ 100.00 02-Jun-04 Amount - $ 250.00 $ 200.00 ADDENDUM NO- 2-7 r Item No. MnDOT No. Item Description unit 3 2101.506 Grubbing AC 4 2105.507 Gnibbing TREE 5 2104.601 Remove Concrete Cure 1F 6 2104.513 Sawing B#uminota Pavement LF (Full Death) 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 Contract Unit Quantity Price 0.10$ 2,500.00 2.00 $ 100.00 23.00 $ 2.50 28.00 $ 3.00 Amount 250.00 $ 200.00 S 57.50 $ 84.00 2104.607 Remove Ballast CY - 350.00 $ 5.00 $ 1,750.00 2105.501 Common Excavalion (P) CY 4532.00 $ 5.00 $ 22,660.00 2105.523 Com Bor row_ (I V) ....____ _- CY. - --- - -- 130 0 . 00 $ 0.01 $ 13.. OD ---. 2211.501 Aggregate ease, Class 5 TON .900.00 $ 12.40 $____ - 110 - 00 2521.511 3' BituminousWa& SF 26000.00$ 0.80 $ 20,800.00 2531.501 Concrete C&G 8618 LF 23.00 S 55.00 $ ______1,265.00 2531.602 Pedestrian Curb Ramp (12' EA 1.00 s 2.200.00 $ 2,200.00 Wide) 2557.603 Chain LinkTence(6'High) LF 1160.00$ 15.00 $ ______17,400-00 2557.603 Chain Unk Fence, Black Vinyl LF 265.00 $ _____4L2.00 S 11,130.00 Coated (6' Kgh) 2564.531 Sign Panels Type C SF 4.50$ 100.00 $ ________L50.00 2564.537 install Sign-Type C EA 2.00$ 100.00 $ 200.00 2573.502 S1t Fence, Type Preassemhled LF 4600.00$ 2.00 $ 8,000.00 2575.501 Seeding AC 0.90 $ ___A55.00 $ 409.50 2575.502 Seed Mixture 60B LB 27.00$ 2.00 $ 54.00 2575.511 Mulch Material Type TON 4.00$ 70.00 $ 280.00 2575.519 Disk Anchoring AC 0.90$ 100.00 $ 90.00 Schedule 3 Subtotal. $ 98,903.00 M -Am-04 ADDENDUM NO. 2-8 INTERIM TEMPORARY RECREATIONAL TRAIL EASEMENT The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of the State of Minnesota (the County) an interim easement (the Interim Easement) for the construction, operation, use, and maintenance of a public trail or trails over and upon the following illustrated property located in the County of Ramsey, State of Minnesota, to -wit: SEE ATTACHED EXHIBIT A said Interim Easement is subject to vacation and revocation by the City, its successors or assigns, as provided herein. The parties agree and acknowledge that the City has acquired the railroad right -of -way over which the Interim Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County Regional Railroad Authority ( RCRRA) for the purposes of preserving the Corridor for future transit purposes, including construction, operation, and maintenance of a Light Rail Transit system (LRT) within the Corridor (the Transitway), and that the Interim Easement will become subordinate to such use and any trail or trails constructed by the County shall be subject to the following terns: 1. Any trail or portion of trail constructed within the Interim Easement area shall be subject to removal to accommodate transit needs. At such time as the RCRRA elects to construct transit improvements within the Corridor, it may, in its sole discretion, terminate the Interim Easement upon one (1) year's notice to the County. Upon such notice, the County, at its expense, shall vacate the Interim Easement and, at its expense, remove any trail or trails from the Interim Easement. 2. The RCRRA shall have the sole, final and exclusive right to determine when it will construct a transit system, the nature and kind of transit system to be constructed, the location of the transit system within the Corridor, and the nature and kind of safety features which will be required for the trail or trails. 3. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the construction of transit improvements by the RCRRA. 4. The County shall be responsible for security and maintenance of the Corridor, including but not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it shall be responsible for such security and maintenance. 5. This easement shall be freely assignable by the City, and City's assignee shall be bound by the terms of said easement. 6. Except as otherwise provided herein, this agreement and the rights and obligation of the parties hereunder may be modified or terminated only by the mutual consent of all parties. All amendments or modifications shall be in writing and approved by the governing body of the respective parties to this agreement or their successors and assigns. 7. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and against any and all claims, proceedings, causes of action, lawsuits, losses, damages, whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related to or arising out of the County's use of the Interim Easement area. The County acknowledges that it does not carry commercial liability insurance for bodily injury, personal injury, property damage or workers' compensation but has in effect, a program of self - insurance. It is further acknowledged that the County's liabilities are limited by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of the protections set forth therein. 8. The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in this Interim Easement to any other party without the prior written consent of RCRRA, its successors or assigns. The granting or withholding of such consent is solely within the discretion of RCRRA and may be subject to any additional conditions that RCRRA feels appropriate. 9. The County shall be responsible for paying any taxes, special assessments, or other charges levied on the property described on Exhibit A during the time that the easement areas described therein are being used by the County for trail purposes. In the event taxes, fees, special assessments or other charges are made or levied against the Corridor by an entity other than the County, the County shall pay one sixth (1 /6) of any such tax, fee, special assessment or other charge; provided, however, that if the County is delinquent in the payment of its share of such tax, fee, special assessment or other charge, and as a result of such delinquency a penalty is assessed or interest accrues, the County shall pay all such penalty and accrued interest. 10. If the County abandons its use of the Interim Easement for trail purposes, this Interim Easement and all of the County's rights hereunder shall terminate two (2) years after such abandonment. Abandonment under this section shall be deemed to have occurred if one or more of the following events occurs: a. The County notifies RCRRA in writing and by resolution of its governing body of its intent to abandon use of the Corridor for trail proposes. In this instance, the County shall provide to RCRRA a suitable Quit Claim deed, properly executed and in recordable form, whereby the County relinquishes to RCRRA all rights granted by this Interim Easement; or 98585 2 b. The County ceases to maintain the trail in a manner which assures the safety of the users of the Corridor; or C. If, in the opinion of RCRRA, the County has abandoned its use of the Corridor for trail purposes; or d. Failure by the County to pay its share of any tax, special assessment, fee, or other charge pursuant to paragraph 11 hereof. hi the event of constructive abandonment pursuant to paragraphs 10(b), 10(c) or 10(d), RCRRA shall notify the County of its opinion and state with specificity the acts or failures to act which lead it to believe such abandonment has occurred. The County shall have six (6) months after such notice to notify RCRRA that it does not intend to abandon the Corridor for trail purposes, and shall specify the corrective actions it intends to take to remedy the issues identified by RCRRA in its notice to the County. If the County fails to provide such notice within the six - month period, abandonment shall be deemed to have occurred on the date RCRRA notified the County of its opinion that the Corridor has been abandoned. Upon abandonment, the County shall be responsible for restoring the Corridor and removing all signs, trail material, fencing, and any other improvements erected in connection with its use of the Corridor for trail purposes, at its sole cost and at no cost to RCRRA. Provided, however, that RCRRA may require the County to leave any or all fixtures or improvements on the Corridor, without cost to RCRRA, which fixtures or improvements shall become the property of RCRRA upon abandonment. 11. This Interim Easement does not establish a permanent park, recreation area, or wildlife or waterfowl refuge facility that would become subject to federal law, 49 U.S.C. 303, or any other Federal, State, or local statute, ordinance or regulation. 12. Any written notices required under this agreement shall be addressed as follows: RCRRA: Ramsey County Regional Railroad Authority Ramsey County Government Center West, Suite 665 50 West Kellogg Boulevard St. Paul, MN 55102 RE: 13. This Interim Easement is non - exclusive and is granted subject to the outstanding rights of others to occupy the Corridor. The City does not warrant its title to the Corridor. 14. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1, 2006, then the Interim Easement granted herein shall become a permanent easement. The City and County shall execute whatever documents are necessary to vacate any other permanent easement for trail purposes granted by the City to the County to the extent such easement is not needed for trail purposes. The City and County shall thereafter establish this Interim Easement as a permanent easement. At such time as this occurs, the County's obligations 88585 to the RCRRA hereunder shall lapse and be of no further force or effect. If the RCRRA acquires the City's interest in the permanent and Interim Easement areas on or before June 1, 2006, then the County's obligations to the RCRRA hereunder shall continue unaffected by such transfer of interest to the RCRRA. This easement shall run with the land and inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day and year first above written. CITY OF MAPLEWOOD Lin Robert Cardinal Mayor LIN Richard Fursman City Manager COUNTY OF RAMSEY I� Victoria Reinhardt Chair Board of Commissioners By. Bonnie Jackel ;7/y6105 .2005 Chief Clerk 88585 F N W H X W :oe xeArcMu R P. 4 3 v y � , � Md AMOd1ElB, Inc. PROPOSED ABANDONMENT AREA MAN0.MYCNl. Awumnax AHp Umcxt AnrAp mwmm . APRII. 2005 ti�yi:/� lLQp4 �\ L PM1tP030 CDUCC KM TEAL �1j�y.a�✓..r1�g.�ph�� mma xm G91.r DKN m ""W". �NF — y Kr��D /ACbftr Wadi © MOpyEp WDM 6 WY ApAKgiYWt Ew0wflbsDwmaR M =D PWCC KMD TYL AC StM �� V b R &mW TMp916 w LW EVRLfM HNSF RAII.ROAD RIGHT OF WAY PERMANENT RECREATIONAL TRAIL EASEMENT The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of the State of Minnesota (the County) a perpetual easement (the Easement) for the construction, operation, use, and maintenance of a public trail or trails over and upon the following described property located in the County of Ramsey, State of Minnesota, to -wit: SEE ATTACHED EXHIBIT A The parties agree and acknowledge that the City has acquired railroad right -of -way over which the Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County Regional Railroad Authority ( RCRRA) for the purposes of preserving the Corridor for future transit purposes, including construction, operation, and maintenance of a Light Rail Transit system (LRT) within the Corridor (the Transitway), and that the Easement will become subordinate to such use and any trail or trails constructed by the County shall be subject to the following terms: 1. The County shall submit all plans for the design and construction of trail or trails to the RCRRA for approval, which will not be unreasonably withheld. 2. The RCRRA shall have the sole, final and exclusive right to determine when it will construct a transit system, the nature and kind of transit system to be constructed, the location of the transit system within the Corridor, excluding the Easement, and the nature and kind of safety features which will be required for the trail or trails. 3. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the construction of transit improvements by the RCRRA. 4. The County shall be responsible for security and maintenance of the Corridor, including but not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it shall be responsible for such security and maintenance, except for the Easement area, which will remain the responsibility of the County. 5. This permanent easement shall be freely assignable by the City, and City's assignee shall be bound by the terms of said easement. 6. Except as otherwise provided herein, this agreement and the rights and obligation of the parties hereunder may be modified or terminated only by the mutual consent of all parties. All amendments or modifications shall be in writing and approved by the governing body of the respective parties to this agreement or their successors and assigns. 7. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and against any and all claims, proceedings, causes of action, lawsuits, losses, damages, whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related to or arising out of the County's use of the Easement area. The County acknowledges that it does not carry commercial liability insurance for bodily injury, personal injury, property damage or workers' compensation but has in effect, a program of self - insurance. It is further acknowledged that the County's liabilities are limited by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of the protections set forth therein. 8. The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in this Easement to any other party without the prior written consent of RCRRA, its successors or assigns. The granting or withholding of such consent is solely within the discretion of RCRRA and may be subject to any additional conditions that RCRRA feels appropriate. 9. The County shall be responsible for paying any taxes, special assessments, or other charges levied on the property described on Exhibit A during the time that the easement areas described therein are being used by the County for trail purposes. In the event taxes, fees, special assessments or other charges are made or levied against the Corridor by an entity other than the County, the County shall pay one -sixth (1/6) of any such tax, fee, special assessment or other charge; provided, however, that if the County is delinquent in the payment of its share of such tax, fee, special assessment or other charge, and as a result of such delinquency a penalty is assessed or interest accrues, the County shall pay all such penalty and accrued interest. 10. Any written notices required under this agreement shall be addressed as follows: RCRRA: Ramsey County Regional Railroad Authority Ramsey County Government Center West, Suite 665 50 West Kellogg Boulevard St. Paul, MN 55102 RE: 11. This Easement is non - exclusive and is granted subject to the outstanding rights of others to occupy the Corridor. The City does not warrant its title to the Corridor_ 12. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1, 2006, then the Interim Easement granted herein shall become a permanent easement. The City and County shall execute whatever documents are necessary to vacate the easement shown on Exhibit A and establish the Interim Easement as a permanent easement. At such time as this occurs, the County's obligations to the RCRRA hereunder shall lapse and be of no further force or effect. If the RCRRA acquires the City's interest in the permanent and Interim Easement areas on or before June 1, 2006, then the County's obligations to the RCRRA hereunder shall continue unaffected by such transfer of interest to the RCRRA. 88598 '/ This easement shall run with the land and inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day and year first above written- Lo STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) CITY OF MAPLEWOOD Robert Cardinal Mayor wo Richard Fursman City Manager The foregoing was acknowledged before me this day of 2005, by Robert Cardinal, Mayor, and Richard Fursman, City Manager, of the City of Maplewood, State of Minnesota. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) COUNTY OF RAMSEY By: Victoria Reinhardt Chair rd of Commissio rs By: Bonnie Jackele o20O '�3 7 Chief Clerk The foregoing was acknowledged before me this 11' day of 2005, by Victoria Reinhardt, Chair of the Board of Commissioners, and Bo ie Jackelen, Chief Clerk, of the County of Ramsey, State of Minnesota. / &&E,� a Notary Public 99588 _ « «a •1V . -i CITY OF MAPLEWOOD BRUCE VENTO TRAIL, CITY PROJECT 02 -04 SHEET 1 of 3 URS Project No. 31809400 August 5, 2005 LEGAL DESCRIPTION FOR TRAIL EASEMENT ON BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY P.I.N. #: 03- 29 -22 -21 -0003 OWNER: Burlington Northern Santa Fe Railway Company Parcel Address Unassigned Maplewood, MN A permanent easement for public trail purposes over, under, and across the following described property: EXHIBIT A The 150 -foot wide Burlington Northern Santa Fe Railway right of way in the Northwest Quarter of Section 3, Township 29, Range 22 and the South Half of Section 34, Township 30, Range 22, Ramsey County, Minnesota. Said permanent easement consists of two parcels of land described as follows: Parcel No. 1 All that part of the westerly 25.00 feet of the 150 -foot wide Burlington Northern Santa Fe Railway right -of -way located in said Northwest Quarter of Section 3, Township 29 Range 22, which lies northerly of a line drawn perpendicular with the center line of said Railway right - of -way from a point thereon distant 183.00 feet northeasterly from the intersection of said center line with the southerly line of said Northwest Quarter and which lies southeasterly of the following described LINE I and its extensions: Commencing at the intersection of the westerly line of said Burlington Northern Santa Fe Railway and said southerly line of the Northwest Quarter of Section 3; thence northeasterly along said westerly line, for 1900.25 feet to the actual point of beginning of said LINE 1 to be described; thence northeasterly, deflecting to the right, 19 degrees 00 minutes 50 seconds for 80.00 feet and said LINE 1 there terminating. Parcel No. 2 All that part of the easterly 25.00 feet of the 150 -foot wide Burlington Northern Santa Fe Railway right -of -way located in said Northwest Quarter of Section 3, Township 29 Range 22, which lies southerly of the northerly line of said Northwest Quarter of Section 3 and northwesterly of the following described LINE 2 and its extensions: Commencing at intersection of the easterly line of said Burlington Northern Santa Fe Railway right -of -way and said northerly line of said Northwest Quarter of Section 3; thence southwesterly along said easterly line, for 285.32 feet to the actual point of beginning of said LINE 2 to be described; thence southwesterly, deflecting to the right, 27 degrees 50 minutes 20 seconds for 80.00 feet and said LINE 2 there terminating. C \Documents and Settings\cheryl Johnson \Local Settings \Temporary Internet Files \OLK48 \EX3 RR — ROW trail easement.doc CITY OF MAPLEWOOD BRUCE VENTO TRAIL, CITY PROJECT 02 -04 SHEET 2 of 3 URS Project No. 31809400 August 5, 2005 LEGAL DESCRIPTION FOR TRAIL EASEMENT ON BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY All that part of the easterly 25.00 feet of the 150 -foot wide Burlington Northern Santa Fe Railway right -of -way located in said South Half of Section 34, Township 30 Range 22, Ramsey County, Minnesota which lies northerly of the southerly line of said South Half of Section 34 and which lies southerly of a line drawn perpendicular with the easterly line of said Railway right -of -way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly line with the northerly right -of -way line of Trunk Highway 393- 694 as described in that certain Final Certificate and filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969. C:\Documents and Settings \cheryl.johnson\Local Settings \Temporary Intemet Fi1es \0LK48 \EX3 RR trail easement.doc I I I I I i I I I I I I I I I I I L— — — _ - -_- - I I Ij a I I �Y � I I I u I 0 ci N I — I o n Z � BRUCE VENTO TRAIL CITY PROJECT 02 -04 +_ +�� EsV E.. -E.�� TRAIL EASEMEN CRy of V.pl,wood DERMTMENTOF PUBLIC WORKS oAn ` , aE-ARArvN APAIL2s 20a5 BNSF RAILWAY ENOlA'EERI.NG DIVISION um EX: 10ll 3 SHEET 3 CF 3 Agenda Item G7 COUNTY ROAD G GVNYY ROAD 'D R' CNMEN7' YF 3 aNjr�2SrCpON REALIGNMENT SEGMENT` 2 �M R ? MENTR sEGMENT 9 a/. SE 3 WNTY ROAD 0 EGME T 5 Agenda Item G8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Lift Station #18 Rehabilitation Project, City Project 05 -29 — Authorize Project for 2006 Program DATE: September 19, 2005 I.III Ill :is] 1111101 [a].I The 2006 -2010 Capital Improvements Plan includes a program to begin an annual review and upgrade of the City's sanitary sewer lift stations. It is proposed to begin this program in 2006 with a refurbishment and upgrade to Lift Station #18. Background This is a new program that provides for the preventive maintenance of our lift stations into an annual program. We anticipate that approximately every 7 -10 years we will need to inspect our wet wells, rebuild our sewer pumps, and improve the general site appearance at each lift station. The program is proposed to begin at Lift Station #18, which is located along Arcade Street near County Road B. This lift station is in need of some substantial repairs. The top portion of the structure has been pushed significantly out of alignment and appears to be tipping over. Soil borings are necessary to determine the extent of the problems. The pumps are in need of an upgrade to ensure reliable service. The estimated total project cost, including soil investigation and consultant services, is $50,000. The total project will be paid from the sewer fund. Nx8101Lr IM14ki UL1111I[a]ki I It is recommended that the city council authorize the City Engineer to begin the Lift Station #18 Rehabilitation Project and direct the Finance Director to transfer $50,000 from the Sanitary Sewer Fund to a capital project fund for the purpose of implementing this project. Agenda Item G9 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 20, 2005 RE: Ordinance Change — Fee Waivers — 2 °d Reading 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. Backgroud 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. Agenda Item Kl AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 20, 2005 RE: Off -Sale Intoxicating Liquor License Introduction Khushvinder Singh has applied for an off -sale liquor license to be used at 19 Century Avenue at the establishment known as A -1 Liquor. Mr. Singh will be part owner of the establishment. Background Mr. Singh has been residing at his current Inver Grove Heights address for the past three and one -half years. Prior to that he lived in Minneapolis for five to six years. Mr. Singh owned the Grand India Restaurant in Eagan, Minnesota from September 2001 - August 2005. According to Maria Petersen, Eagan City Cleric, Mr. Singh violated the previsions of his liquor license on three different occasions (4/26/02, 5/3/02, and 4/13/03). He received fines of five hundred dollars, one- thousand dollars, and one- thousand five hundred dollars respectfully. In fact, Mr. Singh's liquor license was suspended for seven days due to two violations within a twenty -four month period. Following is a summation of the report received by me from Deputy Chief Banick: During this investigation, I found Mr. Singh to have three contacts with the Eagan Police Departmentfor the above noted liquor violations. During a telephone interview with Mr. Singh, he initially advised me that he never had contact with the police. However, upon further questioning, Mr. Singh stated that he held a liquor license in Eagan and on one occasion he had received a ticketfor a liquor violation. Mr. Singh later admitted to a second liquor violation. He stated that they were both about four years ago. Chief Thomalla has personally met with Mr. Singh 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, Eagan, Inver Grove Heights, St. Paul and Ramsey, Hennepin, and Dakota Counties. 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. As mentioned above in Deputy Chief Banick's report, Mr. Singh, while holding an intoxicating liquor license failed three liquor violations. Recommendation Staff defers to legal counsel for options on the approval or denial of the liquor license. Agenda Item K2 SUMMARY MEMORANDUM TO: Richard Fursman, City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permits and Design Review PROJECT: K and W Roll -Offs APPLICANTS: Kristopher and Wesley Scherping LOCATION: 1055 Gervais Avenue DATE: September 16, 2005 INTRODUCTION Project Description Kristopher and Wesley Scherping are requesting city approvals to make improvements to the property at 1055 Gervais Avenue for their business, K and W Roll -offs. Specifically, they are proposing to add a gravel outdoor storage yard, build a 40 -foot by 49 -foot storage building and a new driveway on the property. They want to make these changes to the property so that they can relocate their roll -off (dumpster) business to the property. Please see the applicants' statement and the maps and plans in the project review memo. Requests To relocate their business to this location, the applicants are asking the city to approve: 1. A conditional use permit (CUP) for exterior storage within the M -1 (light manufacturing) zoning district. 2. A conditional use permit (CUP) to have a new commercial building within 350 feet of an existing residential district. 3. The design plans for the site, including the new building and the screening fence. DISCUSSION City staff, the planning commission and the community design review board are supportive of this proposal, subject to the owners meeting several conditions of approval. An area of discussion and disagreement that the council will need to decide is that of the screening fence. The applicant is proposing to install an eight- foot -tall chain -link fence with heavy duty screening slats around the outdoor storage yard. The CDRB, however, recommended that Mr. Scherping install an eight -foot- tall solid wood fence around the storage yard. Kristopher told me that he believes the chain -link fence will provide better security and will be easier to maintain over the long term than a solid wood fence. RECOMMENDATIONS Staff is recommending that the council approve conditional use permits for having outdoor storage and for a new storage building and the project design plans for the property at 1055 Gervais Avenue. The city council should make these approvals subject to the conditions of approval listed in the complete project review memo. MEMORANDUM TO: Richard Fursman, City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permits and Design Review PROJECT: K and W Roll -Offs APPLICANTS: Kristopher and Wesley Scherping LOCATION: 1055 Gervais Avenue DATE: September 15, 2005 INTRODUCTION Project Description Kristopher and Wesley Scherping are requesting city approvals to make improvements to the property at 1055 Gervais Avenue for their business, K and W Roll -offs. Specifically, they are proposing to add a gravel outdoor storage yard, build a 40 -foot by 49 -foot storage building and a new driveway on the property. They want to make these changes to the property so that they can relocate their roll -off (dumpster) business to the property. Please see the applicants' statement on page 13 and the maps and plans on pages 14 through 18. They also are proposing to surround the rear part of the property, around the storage yard, with an eight- foot -tall chain -link fence. The applicants are proposing to install screening slats in the fence to provide screening of the outdoor storage area. Requests To relocate their business to this location, the applicants are asking the city to approve: 1. A conditional use permit (CUP) for exterior storage within the M -1 (light manufacturing) zoning district. 2. A conditional use permit (CUP) to have a new commercial building within 350 feet of an existing residential district. 3. The design plans for the site, including the new building and the screening fence. DISCUSSION Background On May 8, 2000, the city council approved a conditional use permit (CUP) and the project design plans for a business called Fresh Paint. These approvals were for the business to build a new office /warehouse building on the property at 1055 Gervais Avenue. (See the map on page 26 and the city council minutes starting on page 27.) The owner of Fresh Paint, however, decided to not go forward with the proposed development and eventually sold the property. Conditional Use Permits As I noted above, the applicants' are requesting city approval of conditional use permits for this property so they can move their business to this location. Their business provides roll -off containers (dumpsters) to homeowners and contractors for property clean -up and remodeling projects. To have their business based in this location, they are proposing to have an outdoor storage yard and a storage building on the property. As Kristopher explained to me, they deliver empty roll -off containers to job sites and they pick them up and properly dispose of the collected waste after they are filled up. K and W would then bring the empty container back to their storage yard after they have dumped it and then would have it ready for its use. As such, they would only be storing empty roll -off containers and their trucks on the property as they sit in between use on job sites. (Please refer to the applicants' statement on page 13 for more information about their request.) Outdoor Storage and Screening The applicants are requesting a CUP for exterior storage on the lot for their roll -off container business. According to their statement, this includes 14 roll -off containers, 2 overseas containers (for storage) two trucks and four trailers. They are not proposing to store any garbage or debris on the site. Possible Nuisances — The city always is concerned when a property owner wants to establish an outdoor storage yard — especially when it would be near an existing residential district. As such, the city will want to ensure that this facility, if approved by the city council, will not cause any problems or nuisances for the neighbors. In this case, since one of the operators lives on the site, staff does not have any major concerns with their proposal. Having the proposed screening fence, the small number of employees and trucks and the limited hours of operation should ensure that this proposal can be compatible with the nearby residential area. Screening — As with all outdoor storage yards, screening is a major concern with this proposal. The applicants propose to install an eight- foot -tall chain -link fence with screening slats around the rear portion of the property to screen the outdoor storage yard. The CDRB, however, recommended that the city require the applicant to install an eight- foot -tall wood privacy fence around the storage yard instead of the eight- foot -tall chain -link fence (with screening slats) as proposed by the applicant. There is a fairly substantial tree growth between this site and the residential properties to the north that provide significant screening of this property. I recently stood in the side yards of the two homes directly north of the site and found that I could barely see the existing house at 1055 Gervais Avenue because of all the existing trees. The existing trees and the proposed screening fence should provide enough screening of the proposed outdoor storage. Staff finds the proposed chain -link fence acceptable in this location because of the existing trees and grades of the properties to the north of the site and because of the adjacent land uses. A solid wooden fence could be more difficult than the proposed fence for the owners to maintain and would not necessarily appear better in the long term. The approval of the chain -link fence should be subject to the slats creating at least a 100 percent opaque screen of the property and ensuring that the slats are compatible to the exterior materials and colors of the proposed storage building. W Storage Area Paving — The applicants' are proposing to install a crushed limestone material for the surface of the proposed storage yard. They are concerned that a paved storage yard would be damaged by the roll -off containers and by their trucks. Staff agrees with the applicants' and we do not see a need for a paved storage yard at this time. The city does have the opportunity to review the storage yard and its surface through the conditional use permit review process. If a problem arises in the future with the storage yard or with its surface, the city can require changes to the site or to the business operation to address those concerns. CUP for Proposed Storage Building The city requires a conditional use permit for all new commercial buildings in the M -1 zoning district if they would be within 350 feet of a residential district. In this case, the city has planned and zoned the properties adjacent to the site to the north for single family dwellings. The city should assure through the CUP review and approval process that the proposed commercial building and associated site activities would not be harmful to the nearby residents. As I discussed above, staff is confident that with the proposed screening and conditions of approval, that this proposal can be compatible with the nearby residential properties. Design Approval Building — The applicants' are proposing to construct a 40 -foot by 49 -foot (1,960 square feet) storage shed on the west side of the storage yard. This building would be for storing the business trucks and other business - related materials. As proposed, the exterior of the building would have horizontal vinyl siding (tan mocha color) with an accent band and a hunter green standing seam metal roof. The east elevation includes three bay doors. Utilities — There is water and sanitary sewer in Gervais Avenue that serve this property. The applicants' are not proposing to install any utilities in the proposed storage shed. They are proposing to construct a storm water pond (with an overflow pipe) on the northwest corner of their property. Chuck Vermeersch of the Maplewood Engineer department reviewed the proposed project plans. His comments are in the memo on page 22. Parking Lot - The city's parking lot ordinance requires that all parking lots and associated driveways have a bituminous surface. The ordinance further states that parking lots with 12 or more parking spaces must have continuous concrete curb and gutter. Parking lots with less than 12 spaces are exempt from this requirement, unless required by the city engineer for drainage control. The community design review board (CDRB) can waive both of these requirements if the city engineer has determined that sheet drainage would improve stormwater quality. The project plans show the proposed parking lot and storage with a gravel surface. The applicants are proposing this material, rather than a paved parking lot, because of the wear and tear that the trucks and roll -off containers would have on the pavement. Parking Spaces - The city's off - street parking ordinance does not have a parking standard for a facility such as this. The applicants will have parking on their existing driveway for the existing house and will have enough space in the proposed storage building for the trucks for their business. 191 Landscaping — The applicants' noted that there are seven trees on the property that they will be saving with the proposed project. In addition, they are proposing to plant two arborvitae near the proposed gate and six, eight- foot -tall Black Hills spruce. The site and landscape plan on page 18 shows grass areas inside of the screening fence around the perimeter of the proposed storage yard. Staff also is recommending the applicants add native plantings within the rainwater garden to address erosion control and storm water quality issues. The applicants are not proposing to install an underground sprinkler system with this project. The CDRB can waive the requirement for an underground sprinkler system on a case -by -case basis, if the applicants agree to hand -water all landscaping and replace any required landscape material that dies. Staff is recommending that the city require these standards as conditions of approval. Lighting — The applicants' are not planning to add any outdoor lighting with this proposal. If the owners want to install outdoor lighting in the future, they would have to submit to city staff for approval a lighting plan. This would be to ensure that any freestanding lights would not exceed 25 feet in height, including the base of the light, and that the light illumination at all property lines would not exceed .4 foot candles. Public Safety - Lieutenant Rabbett reviewed the current proposal and states that there are no significant public safety concerns. He suggested limiting the hours of operation to ensure no noise complaints from the adjacent residential properties. It is important to note that noise from the business (or any area business) could cause a negative impact for the neighboring residential properties. Therefore, staff recommends a condition of approval for both CUPS that there be no noise - making business activity conducted on the site, or made by vehicles entering or leaving the property, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday, per city code. Building Code - Dave Fisher, Building Official, states that the proposed building will have to meet all the requirements of the 2000 IBC, including the fire rating standards for the walls, and the fence will require a building permit with structural engineering. (Please see his memo on page 23.) Fire Safety - Butch Gervais, Fire Marshal, stated that the owners must provide a 20- foot -wide access into their property and a year -round driving surface on the site. X61MIMIM11 WITA I[a]ki 11 On September 6, 2005, the planning commission recommended approval of the proposed conditional use permits for this site, subject to several conditions. On September 14, 2005, the community design review board (CDRB) recommended approval of the project design plans, subject to several conditions. 51 RECOMMENDATIONS A. Adopt the resolution starting on page 33 (Attachment 17). This resolution approves a conditional use permit for the outdoor storage of roll -off containers, trailers and associated materials on the property at 1055 Gervais Avenue. The city bases approval on the findings required by the code and subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 6. The city council shall review this permit in one year. 7. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. B. Approve the resolution starting on page 35 (Attachment 18). This resolution approves a conditional use permit for the construction of a 40 by 49 -foot storage building within the M -1 (light manufacturing) zoning district that would be within 350 feet of a residential zoning district (at 1055 Gervais Avenue). This approval shall be subject to the following conditions: 1. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 5 3. There shall be no noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. C. Approve the plans dated August 15, 2005, for K and W Roll -offs outdoor storage facility and for a 1,960- square -foot storage building at 1055 Gervais Avenue. The city bases this approval on the findings required by the code. The property owner or applicant shall: 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: 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 Chuck Vermeersch's memo dated August 26, 2005: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for the site. (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. The pond(s) shall have the required storm water capacity. (d) Show details about the proposed fence including the materials, gate, height and color. (3) 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, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. M (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (4) The design of the ponding area 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 the storage 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 trees for screening along the north side of the site. (3) The developer shall install landscaping in the ponding area 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) 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. (5) 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). (6) Adding at least six more evergreen trees (Black Hills spruce or Austrian pines) along the north property line 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 north. (7) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. d. Present to staff for approval colored building elevations or building material samples of the wall panels, standing seam roof, trim, doors, wainscot, and fence slats. These elevations should clearly show the colors and materials of the proposed storage shed. 7 e. A revised site plan showing the driveway with a width of at least 20 feet that is paved between the street and the storage lot. Any gate along this driveway also must open to a 20 -foot width. f. The requirement for underground irrigation is waived if the applicants and owners agree to hand -water all landscaping and that they agree to replace any required landscape material that dies. g. If there is to be any additional outdoor lighting, a photometric plan showing that any freestanding lights would not exceed 25 feet in height, including the base, and the light illumination from any outdoor light would not exceed .4 foot candles at all property lines. h. If trash is to be stored outside of the house or the storage building, plans for a trash - dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. i. The city approves the limestone parking surface for this business with the conditions that the owners not wash or clean the roll -off containers on the site and that the operators not store any organic materials or garbage in the roll -off containers. 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 the new building or the site: 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 tree planting and the rainwater garden(s) (if required). d. Install an in- ground sprinkler system for all lawn and landscape areas of the site unless the applicants: (1)Provide an alternate watering method acceptable to staff to keep the trees and plantings watered. (2)Agree to hand -water all landscaping and trees and replace any required landscape material that dies. e. The eight- foot -tall chain link fence must: (1) Have a top rail and have dark green slats around the entire storage yard. (2) Receive a building permit from the city before installation. f. Install an eight- foot -high screening fence and additional trees along the north property line of the site where the vegetation does not adequately screen the new storage shed from the existing dwellings to the north. These additional materials are to ensure there is at least an eight- foot -tall, 100 percent opaque screen on these sides of the site. The 1.1 location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. h. 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) Install all required exterior improvements including the parking and storage lot, installation of landscaping, installation of fence slats, installation of the ponding area, etc., before occupying the building. If the owners want to install any site - security lighting, they must do so as allowed by the city code. Any light sources, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. The owners shall keep the buildings (including the existing house and garage) painted or stained and in good repair. 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. 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. (r] CITIZEN COMMENTS I surveyed the 42 property owners within 500 feet of this property for their comments about this proposal. I received five responses as follows: For 1. Kris and Wes have both shown me the desire to have an organized and efficient storage area for their containers. I see no reason to object to this proposal. (Connell — 1041 Gervais Avenue) Against 1. We are against issuing a permit to establish an outdoor storage area at 1055 Gervais Avenue. I believe this type of business should be in an industrial park, not in a residential area of nearly new, very nice homes. (Reiland — 2447 Cypress Street) 2. See the e-mail message from Pat S. of 2440 Cypress Street on page 24. 3. See the e-mail message from Virgil and LeVina Karl of 1008 Sextant Avenue on page 26. Comments 1. Please see the e-mail from Thomas Giebel (owner of the building at 1081 Highway 36) on page 25. iG7 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 38,550 square feet (.88 acres) Existing Land Use: Single dwelling and detached garage SURROUNDING LAND USES North: Single Family Homes South: Businesses across Gervais Avenue East: Vacant property planned and zoned M -1 West: A single dwelling planned and zoned M -1 PLANNING Land Use Plan: M -1 (light manufacturing) Zoning: M -1 (light manufacturing) ORDINANCE REQUIREMENTS Section 44- 512(4) requires a CUP for the exterior storage of goods or materials. Section 44- 637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. CRITERIA FOR APPROVAL 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 33 and 34.) 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. 11 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE The city received a complete CUP application for this request on August 15, 2005. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal. Therefore, city action is required on this request by October 14. 2005. P: Sec 9/ K and W Roll offs - 2005 Attachments: 1. Applicant's Statement dated August 15, 2005 2. Location Map 3. Address Map 4. Property Line /Zoning Map 5. Site Survey /Plan 6. Site and Landscape Plan 7. Proposed Floor Plan 8. Building Elevations (East and West) 9. Building Elevations (North and South) 10. Memo from Chuck Vermeersch dated August 26, 2005 11. Memo from David Fisher dated July 18, 2005 12. E -mail message dated August 4, 2005 from Pat S. 13. E -mail message dated July 20, 2005 from Thomas Giebel 14. E -mail message dated August 30, 2005 from the Karls 15. Fresh Paint Site Plan (from 2000) 16. May 8, 2000 City Council minutes 17. Resolution for a Conditional Use Permit for Exterior Storage 18. Resolution for a Conditional Use Permit for a Commercial Building 19. Project Plans (Separate Handout) `M Attuo l Attachment August 15, 2005 City ofMaplewood 188O County Road E}East Maplewood, MIN 55108 FE: Conditional Use Permit 1055Gwrwais Avenue E,Maplewood, MN 55109 Tn Whom |t May Concern: ~ We are requesting approval of a Conditional Use Permit for our business. We own K & W Roll- Offs. We deal with immediate disposal of construction and demolition debris. We recently purchased our home at 1055 Gervais to conduct our business. This property is currently zoned, Light Manufacturing. VVm have been renting and living, in Maplewood for the past 8}fyuersVYe plan ho screen this property with 8'|oot forest green in color, 'Supreme Privacy chain link fencing and m2Q'/oot gate on the South side- We plan to shore our equipment empty, which includes t4roll-off containers. 2overseas tmntm|nmns.4 trailers. and 2 trucks. By storing our equipment here vmeknow exactly what iynot rented. We have been renting at various locations to store our equipment and there have been times when vve have misplaced equipment because m/e are not sure ifk|n rented nr not. To get this permit for outside storage, our company will flow more smoothly and efficiently, The proposed storage shed is an EPS pre-engineered Solid Core building, which is 40'x 49'with a25-fVotG-1nch ridge height. This storage shed will not have electric, water, ur sewer and only on earth floor. |t will have mocha tan vinyl siding with a hunter green tin roof. VVw will install II/,' river rock 3-feet out along the perimeter of the shed excluding the East side, Currently there are seven trees on (tie property, we will be panting (6)8'B&B'Black Hills' Spruce trees, which will be planted 20'fee( apart center Vn center along the Northwest and Southwest corners of the properly, along with (2) Arborvitae, ^F<ushn1ona"ho help screen in the Southeast corner of the property. We have incicoted this and more on the Landscape Plan. VVo understand that the city has a noise ordinance from 7lNa.rn. to 00 p.m. Monday through Friday. These hours conform ho our business hours. We ask that you approve our request for a Conditional Use Permit and are open to any questions or suggestions you may have 14 1J Attachment 2 I� , y GERVASS AVE ' / // I I Location Map 1055 Gerais Avenue N u n ;.rah, OR AVE, a ;a EPLLEGRF�l DR LL I� , y GERVASS AVE ' / // I I Location Map 1055 Gerais Avenue N Attachment 3 _ 8 I rLAU'r, ,V 25' 2619- 1 25031 24B2 2L?4 Acorn Mi 2 71 2472 24731 2460 1 SEXTANT XVE Ins 2441 � 2y la�-T 24 f 4 Site 2423 2415 GERVAIS AVE ett u7 RANIP Address Map 1055 GetVais Avenue N Attachment 4 I 2460 '., Pcem mini- , jioraCge } 2482 !2A sz 2474 � 2465: 4 24 6 Skn RWT AYx- 244 `=?n 2426 2y37 Site 2411 2423 Cy L* 2415. GERVAB A E C ip 6T AA V� � RAMP Zoning Map a 1055 Gerais Avenue N ❑F.kv 2643 5 d y a 2535 2527 ! rt 2515: 2520 2521 m 25 (4U =a 2511 2592 ; 2513 25G8t 2503 25G4 2505 24213; Antacnmeqt 5 Attachment �5_ ----- M WE x = ABMB g ov� Ow y ----------------- ............... 1� P7- 1 L 1 2�� j j� m 33 (GOART To 4 A PA 7Z '�II1. 'E F WE w WE .�. v "E_ r, P_ ,wl; kPMY ii! �iz a t ---------- Fond Grans PROPOSED SCREENING FENCE Trick Trick Vi,p,,,d Shed C -- 7� -1 I V,- Rwer Rock installed 3-ft. on N;(xth, West, and South sides F e � p c.cuou,'! Cras5 �� GATE Piolksed c,a<aee r � Con,,mi, I Gervais Ave , H Q! S Ck, Landscape Plm PROPOSED SCRENNING FENCE class Ctuoh,d LiMeSuilic Attachment 6 Attachment 6 Coucicte Lrivowus Piolksed Con,,mi, Dme,.y I Gervais Ave , H Q! S Ck, Landscape Plm PROPOSED SCRENNING FENCE class Ctuoh,d LiMeSuilic Attachment 6 Attachment 6 Attachment 7 men yi; N 64 19 g Attachinent 8 Attachment 8 20 Att y r, M ENEM 4 ., M It y 21 Attachment 9 Attachment 10 Enaineerina Review PROJECT: K and W Roll offs PROJECT NO: CHECKED BY: Chuck Vermeersch, Maplewood Engineering Department DATE: August 26, 2005 K and W Roll offs is requesting city approvals to install an aggregate surfaced outdoor storage area and storage building on the property at 1055 Gervais Avenue. The applicants recently submitted a revised site plan with proposed grading and drainage calculations to the city for review. Specific comments and conditions: 1) The storage building shall include commercial rain gutters with the discharge piped to the pond in the northwest corner of the property. 2) The proposed outlet for the pond shows an 8" pipe cemented into the end of the outlet pipe to restrict flow. Any debris that enters the pipe will tend to plug it up. The outlet shall be a 27" concrete structure with a 12" outlet, an 8" vertical orifice inlet, and an overflow grate. With the overflow grate set at 883.75 the ponds 100 -year high water level will be 883.9, and the peak outflow will be limited to predevelopment conditions. 3) HDPE pipe may be substituted for the PVC pipe shown on the plan. 4) The top elevation of the berm around the pond shall be at least 884.5 (one half foot additional storage above that shown). The pond shall have a defined emergency overflow on the north side of the pond at an elevation of 884. This emergency overflow shall be reinforced with enkamat, or other equal permanent turf reinforcement. 5) Before the city issues a building permit, the applicant shall complete a maintenance agreement for cleaning and maintenance of the pond. The maintenance agreement will be filed as a covenant on the property. A draft of the agreement is included with this review. 091 Attachment 11 Attachment 11 to be fire sprinklered and NFPA 13. This building is 1960 sq. Building !l.. R..... 2000 IBC, 4 ok 0 1 10 Provide accessible lever handle door hardware on a 3.0 ft. service door. structure with ` permit appiication. 24 23 Attachment 12 From: PSukhtipya @aol.com Sent: Thursday, August 04, 2005 5:06 PM To: Ken Roberts Subject: 1055 Gervais Mr. Roberts I oppose the project under these three reasons: 1. Noise. It is my biggest concern. My wife and I work late night and sleep during the morning hours. Currently, I have been waking up from time to time from loading and un loading as early as 6 am through 8 am. I very much afraid that this business is going to add greater noise to the neighborhood. 2. Obstruction of traffic. Sometime there are semi's parking and unloading which made it difficult to get through. Gervais Street is not very wide. It does not take much to block the road. 3. The condition of the pavement. Driving to this street now is like going on a roller coaster ride. The street is full of bumps and pot holes. I noticed the city came to patch it from time to time, but it has gotten worse as time go. With all the heavy equipment rolling on to this road, I can't see how it can get any better. I afraid that It will only get worse. I hope my opinion count Thanks, Pat. 25 Page 1 of 1 Ken Roberts From: TMgiebel @aol.com Sent: Friday, August 26, 2005 4:27 PM To: Ken Roberts Subject: Resend of Previous Comments on CUP at Gervais Street - Rescheduled Hrg. Dear Kenneth, Attachment 13 I am in receipt of your notice dated July 15, 2005 outlining the K &W Rolloffs request for a Conditional Use Permit for the property at 1055 Gervais Avenue in Maplewood. I am the owner of the property directly across Gervais Avenue at 1081 East Highway 36, otherwise known as the Thomas Tool or Phoenix Engineering building. Earlier this year my team of architects and designers submitted a site plan and proposal to the City of Maplewood for renovation of the 1081 East Highway 36 site toward a professional office building. You may recall the plan. It is briefly outlined in the attached .jpg files. I was advised then by my team that upgrading the building as such was 'pioneering' for the area since there still exists some residential and mixed use such as Smileys Bar and Grill, Cardinal Realty and the Highway Hotel just around the corner. 'Pioneering' is a nice way of saying that I would be taking a financial risk by upgrading the building before having a tenant or buyer for the completed project. From my perspective, adding a truck and waste container storage facility in the area does not constitute an upgraded use of the site. This is why K &W must submit an application for a CUP. Further, I am surprised that a pole barn even meets the building codes for the area. The City of Maplewood has a vested interest in seeing that the property development in the area trend toward 'highest and best use.' Once a trend has been started, the surrounding properties tend to follow the trend, for better or worse. I believe that approval of this specific CUP would result in a much lower use than the site should be put to, thus negatively influencing surrounding and adjacent properties and the prospects for their upgrade. Personally, I will advise you that until I know what level of commitment the City of Maplewood Office of Community Development has toward land use in this neighborhood, I will not be planning to invest heavily in the 1081 East Highway 36 site. Today I had a showing at the building by Welsh Companies. They were representing a group whose needs included a parking ratio of 8 cars per 1000 square feet of building space. I can only offer them 4.3 cars per 1000 square feet. My personal opinion is that the site at 1055 Gervais Avenue would better be used as overflow parking for a high traffic facility rather than a truck and waste container storage area. I look foward to hearing from you regarding the scheduled planning commission or city council meeting dates when this matter can be addressed more fully. Please feel free to call me if you have any questions regarding this correspondence. Sincerely, Thomas M. Giebel, President TMG Properties, LLC 612 - 210 -4321 We 9/19/2005 Attachment 14 Ken Roberts From: Ikarl @mmm.com Sent: Tuesday, August 30, 2005 10:18 AM To: Ken Roberts Subject: RESPONSE TO: NEIGHBORHOOD SURVEY: K AND ROLL OFFS - 1055 GERVAIS AVENUE, MAPLEWOOD Office of Community Development City of Maplewood 1830 County Road B East Maplewood, MN 55109 Phone: 651- 299 -2319 Attn: Kenneth Roberts, Planner Dear Kenneth, Thank you for the letter and attachments regarding Kristopher Scherping & Wesley Scherping, representing K and Roll -Offs. requesting approval of a Conditional Use Permit on the property; 1055 Gervais Avenue, Maplewood, MN. We strongly OPPOSE this request. Their letter dated August 15, 2005 stated that they recently purchased their home on 1055 Gervais Avenue to conduct their business. It seems like they should have gotten the Conditional Use Permit for their business BEFORE they purchased their home and property. The homes built in our area (1008 Sextant Avenue) are valued between $295,000 and $550,000. The project Kristopher & Wesley Scherping are requesting at the back of the property on 1005 Gervais Avenue faces the back of our property as well as several other properties. We do not want to look out our windows and see roll -off containers, overseas containers, trailers, trucks and a large shed. And, we DO NOT APPROVE of the use of this property for all of the traffic, debris and noise it would entail. We also OPPOSE the use of the existing Drainage Utility Easement as part of the 50 foot set back that is required. In their original request, they talked about the removal of the 3 White Oak trees. Nothing was said in this request about these trees being removed. We STRONGLY OPPOSE any Oak trees being removed... they have taken many years to reach the stature they have now. The (6) 8' B &B 'Black Hills' Spruce trees they plan on planting w ill take many years to be of any use in shielding the view of the structure they plan on building. They mention the noise ordinance... there is excessive noise already in this area due to the commercial buildings already on Gervais Street. The trucks start up about 5:00 A.M. and this is a problem in a residential area that is so close to these companies. Another commercial business in this area certainly will not be a help to the noise problems. Therefore, please put us on record that we STRONGLY OPPOSE this in its entirety and DO NOT approve their request for the Conditional Use Permit that they desire. Thank you. Virgil E. Karl and LeVina M. Karl 1008 Sextant Avenue St. Paul, MN 651- 766 -8889 lkarl@mmm.com Tel: (651) 733 -0650 Fax: (651) 737 -9665 217 Attachment 15 L r ENT IV f Kv P. it 0=00S AWRY I y avl lvky j a - r { yi LIJ to Nw. I 2 7 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 8, 2000 Attachment 16 Council Chambers, Municipal Building Meeting No. 00 -09 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 4. 7:30 P.M. (8:48 P.M.) Conditional Use Permit and Design Review - Fresh Paint Warehouse (1055 Gervais Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Trippler presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Trenon, 2474 Adele Street Sherill Benjamin, 2473 Adele Street Mike Westermeier, 2458 Adele Street Thomas Hart, Winthrop and Weinstine, Attorney Representing the Project Tom Schaffhausen, Sanas Capital Investments Mayor Cardinal closed the public hearing. A. Conditional Use Permit Councilmember Koppen moved to adopt the following Resolution, approving a conditional use permit for Thomas Schaffhausen of Sanas Capital Investments to construct an office /warehouse building on the property at 1055 Gervais Avenue. This request needs this permit because the new building would be closer than 350 feet to a residential district. The city bases the approval on the findings required by code and is subject to the following conditions: RESOLUTION 00 - 05 - 056 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Tom Schaffhausen, of Sanas Capital Investments, applied for a conditional use permit to build an office /warehouse facility in an M -1 (light manufacturing) district closer than 350 feet to a residential district. IWO WHEREAS, this permit applies to the property at 1055 Gervais Avenue. The legal description is: Subject to Bedell Road ( Gervais Avenue), the East 150 feet of the South 290 4/10 feet of the Southeast 1/4 of the Northwest 1/4 of Section 9, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On April 17, 2000, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on May 8, 2000. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date - stamped January 20, 2000, except that the owner shall remove the garage from the site. The existing house shall be painted or sided to match the new building. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The city council may require additional parking in the future if the council determines that there is a need for additional parking on the site. 5. There shall be no outdoor storage of vehicles, equipment, materials or supplies, except the personal vehicles of the employees, permitted on the site. IWO 6. Except in the event of a bona fide emergency, the applicant's commercial traffic and vehicles shall use Gervais Avenue and the Highway 61 frontage road for access to this site. The applicant or owner shall use all reasonable efforts to insure that commercial vehicles under its control do not use Cypress Street for access to or from this site. 7. The normal hours of operation shall be from 7 a.m. to 7 p.m., Monday through Saturday, although the foregoing shall not prohibit employees or representatives of the applicant, owner, or its tenants from being on the site outside the foregoing hours. Such activities and site visits shall be conducted in a manner to avoid unnecessary noise and shall not cause a nuisance to the nearby residential properties. 8. The lighting on the site shall be wall or post- mounted and shall shine toward the site. 9. Clean the site by removing all vehicles, unused and inoperable equipment, debris and all other unused /unusable items. 10. If the city council allows the house to stay on the property, then the occupants of the house shall have a direct business connection with the business on the site. In addition, the house shall not be rented to or sold to any person or party that does not have a direct business relationship with the business on the property. The owner shall notify city staff on any change of tenant notify and /or request an amendment to the Conditional Use Permit if changed to commercial use. The Maplewood City Council approved this resolution on May 8, 2000. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Collins and Koppen Nays - Councilmember Wasiluk Abstain - Mayor Cardinal B. Design Approval Councilmember Koppen moved to approve the plans date - stamped January 20, 2000, for the Fresh Paint facility at 1055 Gervais Avenue, based on the findings required by code. The property owner or applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit for the new office /warehouse, complete the following: a. Have the community design review board (CDRB) approve a screening plan for the area on the west side of the proposed parking lot between the proposed building and the existing house. This screening must be at least 80 percent opaque and at least six feet tall. The screening requirement may be met with a berm, a fence, plantings or a combination of design and materials. b. Submit a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. The grading and storm water plans shall direct all impervious surfaces (roofs, driveway and parking areas) to the south and into a storm sewer that the developer connects to the existing city system to the west of the site. c. Submit a building -color scheme of neutral colors to city staff for approval. d. Get a demolition permit from the city and remove the existing garage and house. If the city council allows the house to stay on the site, then get a demolition permit for the garage. e. Submit a lighting plan as required by the code showing the light spread and fixture design for site lights. The light fixtures must have concealed lenses and bulbs to properly shield glare from the residents. 3. Complete the following before occupying the new office /warehouse building: a. Replace property irons that are removed because of this construction. 'till b. Restore and sod damaged boulevards. Restore and seed or sod any and all disturbed ground such as the areas of driveway or blacktop removal. Remove all old driveway entrances and restore with sod. c. Provide handicap - accessible parking spaces as the ADA (Americans with Disabilities Act) requires. Install a handicap- parking sign for each handicap - parking space. d. Screen all roof - mounted equipment visible from adjacent residential properties. Such equipment visible on non - residential sides must be painted to match the building color. (code requirement) e. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. f. Install an in- ground sprinkler system for all lawn areas on the front and on the sides of the new office /warehouse building and on all sides of the existing house. g. Provide site - security lighting as required by the city code. The light source, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. There shall be no lighting on the back of the building unless required by the building code. h. Post the west side of the new driveway and the west side of the parking area for "no parking." I. Install continuous concrete curb and gutter around all parking areas and the driveway. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Collins and Koppen Nays - Councilmember Wasiluk Abstain - Mayor Cardinal 31 Attachment 17 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use permit (CUP) to have an outdoor storage area. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09- 29 -22 -24 -0038) WHEREAS, the history of this conditional use permit is as follows: 1. On September 6, 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 September 26, 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described 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. W 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 6. The city council shall review this permit in one year. 7. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street. The Maplewood City Council approved this resolution on 2005. W Attachment 18 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use permit (CUP) to construct a commercial building within 350 feet of a residential district. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09- 29 -22 -24 -0038) WHEREAS, the history of this conditional use permit is as follows: 1. On September 6, 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 September 26, 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described 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. 35 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2005. 35 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY SEPTEMBER 6, 2005 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. ROLL CALL Commissioner EricAhlness Present Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Present Chairperson Lorraine Fischer Present Commissioner Michael Grover Absent Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Absent Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary V. PUBLIC HEARING a. K and W Roll -offs (1055 Gervais Avenue) (7:02 — 7:33 p. m.) Mr. Roberts said Kristopher and Wesley Scherping are requesting city approvals to make improvements to the property at 1055 Gervais Avenue for their business, K and W Roll -offs. Specifically, they are proposing to add a gravel outdoor storage yard, build a 40 -foot by 49 -foot storage building and a new driveway on the property. They want to make these changes to the property so that they can relocate their roll -off (dumpster) business to the property. Mr. Roberts said the applicants also are proposing to surround the rear part of the property, around the storage yard, with an eight- foot -tall chain -link fence. The applicants are proposing to install screening slats in the fence to provide screening of the outdoor storage area. Commissioner Yarwood asked staff for a point of clarification. On page 2 of the staff report, under the screening paragraph it states staff finds the screening acceptable as long as the slats of the fence create at least an 80 percent opaque screen of the property. In the resolution it states 100 percent opaque screening. He asked which statement was correct? Mr. Roberts recommended the 100 percent opaque screening as shown in condition B. number 2. Commissioner Yarwood asked what the approximate distance between the proposed shed on the property and the actual houses at 1026 and 1032 Sextant Avenue would be? Mr. Roberts said the shed would be about 180 to 200 feet in distance from the homes. Commissioner Trippler said under the requests listed in the staff report it states under number 2. the applicants are asking the city to approve a conditional use permit (CUP) to have a new commercial building within 350 feet of an existing residential district. Commissioner Trippler said this lot isn't even 350 feet deep and he asked what could have been built here without getting a CUP? Mr. Roberts said nothing could be built there. M -1 zoning has the extra layer of protection for residential uses within 350 feet for any commercial use or building. Chairperson Fischer said basically it doesn't sayyou can't build within the 350 foot distance, it says you need a special use permit if you are within that distance. 36 Planning Commission -2- Minutes of 09 -06 -05 Mr. Roberts said correct. Chairperson Fischer asked the applicant to address the commission. Mr. Kristopher Scherping, 1055 Gervais Avenue East, Maplewood, addressed the commission. Mr. Scherping said the fence will be 100 percent opaque. And he doesn't see a problem with not using Keller Parkway for their trucks. They have no problems or concerns with the staff conditions. Commissioner Dierich asked how often the dumpsters get changed out during the course of a week? Mr. Scherping said during the summer the dumpsters are usually all being used. When a dumpster is done being used, they dump the contents and usually bring the dumpster to the next customer or location. They rarely return the dumpsters back to the site because there is usually another customer waiting for a dumpster. The exception is when a transfer station was closed then they do have to bring the dumpsters back to the site, cover it with a tarp so things don't blow around and then drive the dumpster to the transfer station the next day. Commissioner Dierich asked if these dumpsters were used for construction debris or for garbage and household items? Mr. Scherping said the dumpsters are only for construction debris. CommissionerAhlness asked if there would be any maintenance on the dumpsters or if that maintenance is done off site? Mr. Scherping said these are all brand new dumpsters. Commissioner Ahlness asked where the dumpsters are cleaned out? Mr. Scherping said the dumpsters are all cleaned at the landfill or transfer stations. Mr. Eugene Kern, 1032 Sextant Avenue, Maplewood, addressed the commission. He said his property abuts this property. His main concern is the possibility of standing water on the site. There's a ditch that runs around his property and down by the motel and there is standing water there and he and his neighbors are concerned that the runoff from this property doesn't create anymore standing water. He is concerned that a small child could get into that standing water and drown. Chairperson Fischer asked staff if engineering had determined if there would be additional water runoff from this site that could cause a problem? Mr. Roberts said Chuck Vermeersch, Maplewood Engineer, didn't specifically say anything in his report about standing water but staff will alert engineering of the concern before this goes to the city council. Commissioner Trippler said he walked the site over the weekend and he assumed the storage pond that is being engineered into this plan is to collect waterthat is generated from this site. Mr. Roberts said the city wants to ensure that any water that drains out of the pond if it doesn't soak into the ground doesn't cause drainage problems on the site. Mr. Kern said he has wetlands on his property which extend into the ditch which goes down by the motel. Mr. Kern's concern was the property used to have 75 to 100 trees on the site and a ravine and then a large amount of fi l l was brought to the site by a previous property owner to level the lot. Chairperson Fischer said it sounds like the topography has been altered considerably. Mr. Kern said correct. 37 Planning Commission -3- Minutes of 09 -06 -05 Commissioner Yarwood said he would like to see number 4 on page 34 of the resolution and page 36, number 3. changed in the resolution to say Monday through Saturday, and all day Sunday (rather than) er-all day Sunday. That should be clarified to eliminate the possibility of any misunderstandings by the applicant. Commissioner Ahlness said in the staff report on page 34, condition number 9., in the second sentence, we should include the words Keller Parkway so it then reads There shall be no truck traffic from this business on Cypress Street and or on Keller Parkway Commissioner Trippler moved to adopt the resolution starting on page 33 of the staff report. This resolution approves a conditional use permit for the outdoor storage of roll -off containers, trailers and associated materials on the property at 1055 Gervais Avenue. The city bases approval on the findings required by the code and subject to the following conditions: (changes to the motion are underlined and deletions are stricken.) 1. All construction shall followthe project plans as approved by the city. This shall include providing a drivewaytothe gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, er and all day Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 6. The city council shall review this permit in one year. 7. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street aad or on Keller Parkway. Commissioner Trippler moved to approve the resolution starting on page 35 of the staff report. This resolution approves a conditional use permit for the construction of a 40 by 49 -foot storage building within the M -1 (light manufacturing) zoning that would be within 350 feet of a residential zoning district at (at 1055 Gervais Avenue). This approval shall be subject to the following conditions: 1. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated with a roll -off delivery business. All vehicles must be licensed and operable. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repairthe fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise - making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, er and all day Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. Planning Commission -4- Minutes of 09 -06 -05 Commissioner ANness seconded. Ayes — Ahlness, Desai, Dierich, Fischer, Kaczrowski, Trippler, Yarwood The motion passed. This item goes to the city council on Monday, September 26, 2005. rtk7 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, SEPTEMBER 14, 2005 I. CALL TO ORDER Chairperson Longrie called the meeting to order at 6:00 p.m. II. ROLL CALL Board member John Hinzman Present Board member Matt Ledvina Absent Chairperson Diana Longrie Present Vice chairperson Linda Olson Present Board member Ananth Shankar Absent Staff Present: Shann Finwall Planner Lisa Kroll Recording Secretary Kevin Christianson Planning Intern VII. DESIGN REVIEW a. K and W Roll -Offs, 1055 Gervals Avenue Ms. Finwall said Kristopher and Wesley Scherping are requesting city approvals to make improvements to the property at 1055 Gervais Avenue for their business, K and W Roll -Offs. Specifically, they are proposing to add a gravel outdoor storage yard, build a 40 -foot by 49 -foot storage building and a new driveway on the property. They want to make these changes to the property so that they can relocate their roll -off ( dumpster) business to the property. They also are proposing to surround the rear part of the property, around the storage yard, with an eight- foot -tall chain -link fence. The applicants are proposing to install screening slats in the fence to provide screening of the outdoor storage area. The planning commission recommended approval of the conditional use permits at their Tuesday, September 6, 2005, planning commission meeting. Staff recommends approval of the design, site plan and screening fence for the plans dated August 15, 2005, for K and W Roll -Offs outdoor storage facility and storage building. Board member Hinzman asked how long this property has been zoned M -1? Ms. Finwall said she was not sure but estimated it had been zoned M -1 since at least the 1980's. Board member Olson asked if staff could update the board on what happened at the planning commission for this proposal? Ms. Finwall said the planning commission recommended approval of the conditional use permits and perhaps the applicant could update the board on some of the issues that were discussed during the September 6, 2005, meeting. Chairperson Longrie asked the applicant to address the board. Mr. Kristopher Scherping, 1055 Gervais Avenue, addressed the board. Mr. Scherping apologized for his tardiness and said he thought he did not need to be present until the Monday, September 26, 2005, city council meeting. He said the only issue that came up at the planning commission meeting was with his neighbor Jerry that lives directly behind him regarding drainage issues and the potential for runoff and they worked those issues out during and after the planning commission meeting. Chairperson Longrie asked how many trucks K and W Roll -Offs would have? Mr. Scherping said they have two trucks and they have 14 dumpsters. Chairperson Longrie asked if the dumpsters would be used for construction debris or household garbage? Community Design Review Board 2 Minutes 9 -14 -2005 Mr. Scherping said that question was brought up at the planning commission meeting and he stated the dumpsters would only hold construction debris and would be washed out at the landfill. The only time they would bring a full dumpster back to the site would be when the landfill was closed and then they would cover the debris with a tarp and it would be the first dumpster to go to the landfill in the morning. A lot of times when a dumpster is done being used it gets transported to the landfill and then it is delivered to another customer eliminating the need to come and go several times from their site. Board member Hinzman asked how many trips per day they would pick dumpsters up or bring dumpsters back to the site? Mr. Scherping said about twice a day. He said they also store a few dumpsters at the landfill. Board member Hinzman asked if they would ever store organic materials in the dumpsters? Mr. Scherping said no. Board member Olson said she noticed in one of the opposing letters that they stated the applicant purchased this property with the intention of relocating their business to this site. Is that true and did the applicant talk to the city about this before hand? Mr. Scherping said at the time he purchased the land he was thinking this would be a good time to think about operating his dumpster business from this site. He came to the city and talked with the City Planner Ken Roberts and the Engineering department about this many times to see if this was even plausible and the city staff said yes it is. It's going to be very convenient living here and working at the same location and being able to look out his window and see the supply of dumpsters that are on site. This simply makes for more of a convenient operation. Board member Olson asked where he currently keeps the dumpsters? Mr. Scherping said they have been renting space at Doherty's Auto Body and have stored some dumpsters at Ohlson's landscaping. They have been operating in Maplewood and would like to continue working and living in the community. Board member Olson said the site appears to be kind of tight in relation to getting equipment in and out of the area. She asked how he plans to expand or grow his business with this small site? Mr. Scherping said they basically work with contractors and homeowners who usually only have the dumpsters for a few days and then they go pick the dumpster up and dump it and deliver it to another site. To expand the business would be to add two more dumpsters or something. Board member Olson asked if Gervais Avenue is going to be able to handle the weight of these trucks and dumpsters going in and out of this site? Ms. Finwall said the city has road restrictions in the spring to make sure heavy trucks are not driving on certain roads. Mr. Scherping gave a photo of the proposed fencing product to staff to display on the screen as he described the fencing product he chose to use. Board member Olson asked if this storage facility was going to be a pole building? Mr. Scherping said this building will not be a pole building; it will be a storage building with a standard house foundation with a dirt floor. These are solid core filled Styrofoam panels that are pre- engineered. Board member Olson asked if he would be parking the trucks on the dirt floor in the storage building? Mr. Scherping said yes. Cfl Community Design Review Board 3 Minutes 9 -14 -2005 Board member Olson said she thought the city had an ordinance that you must park vehicles on an approved surface? Ms. Finwall said the ordinance that Board member Olson was referring to is for residential districts and requires any vehicle parked in the front yard be parked on a pervious surface. This is a commercial zoning district and the CDRB can waive the requirement for commercial businesses. The board reviewed the photo of the fencing sample. Board member Hinzman said when he looks at a site he reviews the possible noise level and what could be done to help with the noise level. He thinks it's imperative to have a more substantial fence such as a wood fence to help with the sound of the dropping off and picking up dumpsters. This business is in close proximity to other residential homes and if there would be complaints from this area it would be from noise. The way to alleviate any noise complaints would be to have a substantial fence and he recommends a wood fence despite the applicant's choice of a slotted chain link fence. Mr. Scherping said he thought of using a wood fence and a plastic fence but for the rigidity and the security of the property he feels the eight foot high vertical slotted chain -link fence he chose is really the best choice. He has had theft problems before and he wants to ensure this is a secure area. He showed photos of a wood fence in the area and what a wood fence looks like over time. The photos show wood fences lean, sag, bow out and turn gray and old and there are maintenance issues to deal with unlike the vertical slotted fence he chose. Board member Hinzman said he thought the applicant said the trucks would be parked inside the storage facility. If that is the case there is nothing to be concerned about as far as security and possible theft since the only thing left outside would be the dumpsters. Mr. Scherping said he did say the trucks would be parked inside the storage facility however, the day the landfill is closed and he has to have a truck on site with a tarp covering the debris; people see the truck outside and are tempted by anything. Board member Hinzman said all fences have the ability to age and become dismembered over time so he is not sure that is an issue for him. In this case he feels a wood fence will buffer the noise better. Mr. Scherping said he checked into a wood fence. He would prefer "not" to use a wood fence. A wood fence comes in six foot sections and if you build it in eight foot sections the fence starts to bow and twist. The fence he proposes to use will be set in poured concrete with galvanized poles; it's a lot more rigid, can withstand the wind better and he prefers the maintenance free type of fence. He checked into both the white and hunter green vinyl fence as well as the wood fence. He did a lot of homework regarding which fence is best to use. It boiled down to the wind factor, security, appearance over time, maintenance, and noise barrier. He took all of those factors into account and he found this type of slotted chain link fence to be the best choice overall. Chairperson Longrie asked if the fence would be secured by a cement foundation? Mr. Scherping said correct. Board member Hinzman asked if there was any concern at the planning commission meeting with the crushed limestone and the possibility of runoff problems? Ms. Finwall said she only has the letter from the engineer to refer to which discusses the storm water runoff issues. There is a pond proposed on the northwest side of the site. The engineer felt allowing this type of surface for this kind of business makes sense. Putting in a bituminous surface for a company that moves dumpsters around would cause disrepair of the surface in a short amount of time. Board member Olson said she was concerned about the drainage on the site and the close proximity of the pond EA %, Community Design Review Board 4 Minutes 9 -14 -2005 Ms. Finwall said the City Engineer, Chuck Vermeersch, stated the city is going to require a maintenance agreement for the pond to ensure it is maintained and that any sediment in the pond gets cleaned out so staff feels comfortable with the pond and the drainage concerns. Board member Hinzman said it seems it would be easier to put a concrete floor in for the storage facility and it would be more durable for the trucks now rather than later after it's built. Mr. Scherping said there will be a four foot foundation under the building so the building will not shift around but at this time it makes sense to keep the flooring as dirt. Over time they plan on pouring a cement floor with radiant heat inside the building. Board member Olson asked if it was true the applicant was removing three white oak trees? Mr. Scherping said they are not removing any trees from the site, only adding trees. The plans dated August 15, 2005, accurately depict the trees that will be added. Board member Hinzman asked if the CDRB has the authority to set conditions under the conditional use permit? Ms. Finwall said no. Board member Hinzman said he was going to suggest some modifications to the operation of the business such as no washing of the roll -offs on site, no storage of organic materials within the dumpsters, and to make sure they are empty and clean on the site. Board member Hinzman said he offers the suggestions even though the CDRB doesn't have the authority to alterthe conditional use permit. Board member Hinzman moved to approve the plans dated August 15, 2005, for K and W Roll -Offs outdoor storage facility and for a 1,960- square -foot storage building at 1055 Gervais Avenue. The city bases this approval on the findings required by the code. The property owner or applicant shall: (changes to the motion are underlined and deletions are stricken.) 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: 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 Chuck Vermeersch's memo dated August 26, 2005: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for the site. (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. The pond(s) shall have the required storm water capacity. (d) Show details about the proposed fence including the materials, gate, height and color. (3) The tree plan shall: (a) Be approved by the city engineer. EAFQ Community Design Review Board 5 Minutes 9 -14 -2005 (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The 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. (4) The design of the ponding area 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 the storage 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 trees for screening along the north side of the site. (3) The developer shall install landscaping in the ponding area 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) 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. (4) (cont.) 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. (5) 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). (6) Adding at least six more evergreen trees (Black Hills spruce or Austrian pines) along the north property line of the site. These trees are to be least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the north. (7) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. d. Present to staff for approval colored building elevations or building material samples of the wall panels, standing seam roof, trim, doors, wainscot, and fence slats. These elevations should clearly show the colors and materials of the proposed storage shed. e. A revised site plan showing the driveway and a width of at least 20 feet that is paved between the street and the storage lot. Any gate along this driveway also must open to a 20 -foot width. CC! Community Design Review Board 6 Minutes 9 -14 -2005 f. The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand -water all landscaping, and any required landscape material that dies will be replaced. g. If there is to be any additional outdoor lighting, a photometric plan showing that any freestanding lights would not exceed 25 feet in height, including the base, and the light illumination from any outdoor light would not exceed .4 foot candles at all property lines. h. If trash is to be stored outside of the house or the storage building, plans for a trash - dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. 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 the new building or the site: 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 tree planting and the rainwater garden(s) (if required). d. Install an in- ground sprinkler system for all lawn and landscape areas of the site unless the applicants: (1) Provide an alternate watering method acceptable to staff to keep the trees and plantings watered. (2) Sign an agreement with the City of Maplewood stating that they will hand -water all landscaping and trees and replace any required landscape material that dies. e. The eight- foot -tall ^h "onvn ^ nrz n k wood privacy fence must: 0) Have o ten roil and have dark n slots o Rd the anti re sterone yard Cr��'°"" y �ymr (1) R) Receive a building permit from the city before installation. f. Install an eight- foot -high wood screening fence and additional trees along the north property line of the site where the vegetation does not adequately screen the new storage shed from the existing dwellings to the north. These additional materials are to ensure there is at least an eight - foot - tall, 100 ^^•^ ^n' epaqu^ ^^r^^^ wood fence 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. g. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. h. 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 orjunk from the site. (4) Install all required exterior improvements including the parking and storage lot, installation of landscaping, installation of fence slats, installation of the ponding area, etc., before occupying the building. EAR Community Design Review Board 7 Minutes 9 -14 -2005 I. If the owners want to install any site - security lighting, they must do so as allowed by the city code. Any light sources, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. The owners shall keep the buildings (including the existing house and garage) painted or stained and in good repair. 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. Board member Olson seconded. Ayes — Hinzman, Longrie, Olson Chairperson Longne offered a friendly amendment to approve the parking for the roll -off containers based on the representations that there be no washing of the dumpsters on site and that the roll -off containers will not contain any organic debris. The motion passed. This item goes to the city council on September 26, 2005. EAU* Agenda Item K3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Melinda Coleman, Assistant City Manager SUBJECT: Maplewood Business Center Conditional Use Permit Reconsideration LOCATION: 1616 Gervais Avenue DATE: September 19, 2005 INFORMATION At the September 12, 2005, city council meeting the city council directed staff to place the Maplewood Business Center CUP on the next agenda. The purpose of this request is to review progress on outstanding conditions of approval placed on the permit by the council. If the owner has not finished the required items, then the council should consider scheduling a public hearing to review the permit at the October 10` meeting. Staff will be sending notice to the Maplewood Review and public hearing notices to neighborhood residents. Because of publishing deadlines and notification requirement timelines, it is possible that we will send this out after the improvements are completed. This may cause some confusion, but the Council indicated that if the improvements were not completed by September 26` provisions should be in place to hold the public hearing and prepare for formal action if necessary. ACTION REQUESTED Have staff report on progress of the landscaping and fencing improvements at the Maplewood Business Center at the September 26, 2005, council meeting. Also, direct staff about the need for scheduling a public hearing on the October 1 0` council meeting. Agenda #K -4 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Restructure of the Police Department Date: September 16, 2005 Intrnrii irtinn The Maplewood Police Department is asking for City Council approval to create three additional promotional supervisory positions (two sergeants and one lieutenant). These positions, although requiring a pay increase for those promoted, will potentially significantly reduce the department's overtime budget. The number of supervisory positions in the department is the same today as it was in 1990 when there were only 39 sworn officers. The total number of sworn officers has increased to 50 today and potentially 52 in 2006. Background The Police Department has done an extensive analysis examining the most efficient rank structure within the department while also trying to save tax dollars by reducing the overtime budget. In an attempt to reduce "failure to supervise" litigation against the City, the department feels it is crucial to have a supervisor on duty 24 hours a day /7 days a week. To provide for this coverage and still allow vacations and training, the department spent over $38,400 for overtime to sergeants in 2004 to ensure supervision around the clock. If the department were to create two additional sergeant positions, coverage for vacations and training would be readily available through adjustment of shifts rather than being forced to pay overtime. The additional lieutenant position would become the person in charge of the investigative unit. This position is currently held by a sergeant. The current sergeant position would be assigned to a traffic unit position. In addition to directed traffic enforcement, this sergeant would also be responsible for handling vehicle forfeiture processing, auction of vehicles and general traffic safety responsibilities. The traffic unit has the potential to generate an additional $38,000 per year in fine revenue for the City while directly addressing traffic complaints from our citizens. Having a lieutenant responsible for investigations would eliminate the $4,300 paid in overtime to this position. It would also provide another promotional opportunity toward which sergeants could work. A comparison of supervisory positions to total sworn officers within cities in Minnesota with similar populations was done and shows the Maplewood ratio ties (with three other cities) for 11 out of 17 cities. The addition of three more supervisors with our current sworn strength would move Maplewood to 3 rd out of the 17 cities. If we make the promotions and add two additional officers in 2006, the Maplewood ratio would rank us 4 Maplewood is the highest of these 17 cities in total Part I offenses and arrests. These promotions would not increase the layers of management within the department. It would expand the existing structure to provide better supervision. These promotions would not require hiring additional personnel. The promotions would be made from existing positions without reducing the number of personnel assigned to the patrol division. Budget Impact Approximately $15,000 would be paid per year for these promotional positions. It is intended to reduce the overtime budget by over $35,000 and potentially generating an additional $38,000 in fine revenue through a dedicated traffic enforcement unit. A positive budget impact of several thousand dollars is intended by this restructuring. Action Required Approve the creation of two additional sergeant positions and one additional lieutenant position in the Police Department in an effort to reduce the overtime budget and have a positive impact on the overall budget. DJT:js Agenda Item K5 TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Gladstone Area Redevelopment Improvements, City Project 04 -21 — Approve Resolution Receiving Alternative Urban Areawide Review (AUAR) and Authorize Distribution for Review DATE: September 19, 2005 I. III III :N 1111101 [a].I On August 8, 2005, the city council authorized the preparation of an Alternative Urban Areawide Review (AUAR) for the Gladstone Area Improvements. A proposed redevelopment of this size exceeds the threshold for environmental review, requiring that the city council designate a process for this environmental review to occur. The City has retained a consultant team of Hoisington Koegler Group, Inc (HKGI), Kimley -Horn and Associates, Inc. (KHA), SEH, Inc. and Braun Intertec, Inc. to prepare a draft Alternative Urban Areawide Review (AUAR) prepared for the development scenario. City staff has conducted a preliminary review of the document and suggested a number of changes. Those changes have been made, and the final draft document is available for review. A resolution authorizing distribution of the AUAR for public comment is recommended. Background A full work plan from Hoisington Koegler Group, Inc.; Kimley -Horn and Assoc., Inc., and SEH, Inc. was approved by the City Council in December 2004. The plan called for an extensive meeting and review process over a nine -month period. A Task Force was established in January 2004 to help guide the process. From the December 2004 staff report: "The intent of the Task Force is not to limit participation, but to make sure that all interest groups are represented." The Task Force is continuing to develop a position on the overall concept for the area. Further public meetings are scheduled, with the next Public Meeting on September 29 at the Community Center. The next Task Force meeting is scheduled for October 13` A final recommendation from the Task Force on the concept will be developed later in the process. AUAR and Master Framework Plan Process The proposed schedule included within the master planner's scope of work included the preparation of an Alternative Urban Areawide Review (AUAR) and a Master Framework Plan as deliverable documents. The AUAR has been prepared in lieu of an Environmental Assessment Worksheet (EAW). The AUAR is a more extensive version of the EAW process and has been determined as necessary due to the extensive number of parcels (see attached area map noting boundaries of the study) that may be impacted by the redevelopment initiatives. The AUAR provides the city with a guide to the development process and ensures that proper environmental procedures are followed to protect the roadways, storm water and other environmental features of the area. The AUAR identifies a mitigation plan for the redevelopment initiatives that the city will be required to implement as part of the infrastructure improvements. The AUAR was prepared to consider the more intensive of the two development proposals currently being studied by the Task Force and reviewed with the City Council on July 11, 2005. The two proposals vary based upon development within or excluded from the Savanna. The more extensive nature is being studied only to measure the impact of the proposals on the local utilities and environment. It does not provide a reason to approve the development at that level. The AUAR also extends the moratorium in the area until the final document is adopted. Agenda Item K5 The Master Framework Plan will be the guide document for the area. Various alternatives and improvements will be explored and considered. The Master Framework Plan will be used by property owners and the city to facilitate a plan that includes financial incentives (if appropriate) along with guides on building materials, infrastructure improvements, landscaping investments and other public and private improvements that will provide for the future of the Gladstone Area. It is anticipated that the Master Framework Plan will be adopted by the City Council after recommendation from the Task Force in October of 2005. AUAR and Master Framework Plan Schedule Order for Review Adopted by City Council August 8, 2005 City Council Review of Draft AUAR September 26, 2005 Public Meeting on Development Proposals September 29, 2005 Notice of AUAR Availability for Review to EQB October 3, 2005 Public Comment Period on AUAR Begins October 10, 2005 Task Force Review of AUAR and Master Plan October 13, 2005 Planning Commission Review of AUAR and Master Plan October 17, 2005 Task Force Develops Final Recommendation October 29, 2005 Public Comment Period on AUAR Ends November 9, 2005 Consultant and Staff Complete Responses to AUAR Comments November 21, 2005 Final AUAR and Master Plan Adopted by City Council December 12, 2005 Background on AUAR Process The AUAR cannot be adopted at this time, as it is a draft document. The environmental review process requires the council to review the document and authorize distribution to agencies as well as provide public notice that the document has been prepared. The council must allow at least 30 days for reviewers to analyze the draft AUAR document and provide their comments. Governmental reviewers must be granted an additional 15 -day extension if a written request is submitted for good cause. The current schedule calls for a formal public review of the final AUAR at the first council meeting of December 2005. The AUAR is an extensive review of the environmental impacts of the proposed development. The following page includes a number of the specific impacts identified. The AUAR provides a mitigation plan that the council, acting as the Regulatory Governmental Unit (RGU), will be required to adopt. The EQB guidelines for an AUAR state: `It must be understood that the mitigation plan in the final document takes on the nature of a commitment by the RGU (City Council) to prevent potentially significant impacts from occurring from specific projects. It is more than just a list of ways to reduce impacts — it must include information about how the mitigation will be applied and assurance that it will. Otherwise, the AUAR may not be adequate and /or specific projects may lose their exemption from individual review." The council is making a major commitment that the mitigation identified will occur, either as a requirement by developers through the development contract, by a commitment to a public improvement, or involvement of other agencies, if appropriate. This includes improvements to the Savanna Open Space, Roadway improvements, environmental cleanup and drainage improvements and extensions. AUAR Summary Attached is the Executive Summary portion of the AUAR. A full copy of the AUAR is available for the Council to review from the City Engineer's office (Council members should contact the City Engineer if they wish a full copy for their files). Full copies of the AUAR will be available at the Ramsey County Library, City Hall, and on the City's website for the public to inspect and comment. Agenda Item K5 Following are a summary of the major findings: • The current project area contains approximately 475 housing units (100 manufactured homes, 188 single family homes, and 187 multi - family units) plus 180,000 square feet of commercial development of which 30,000 — 40,000 is neighborhood retail. The project area also has nearly 60 acres of park and open space. • The studied (most intensive) redevelopment scenario includes the addition of approximately 900 new housing units consisting of a combination of stacked condominium /apartment units and attached town homes, along with approximately 50,000 square feet of new or relocated existing neighborhood retail. An additional 15,000 square feet of an existing office /service use is proposed to remain within the area. A portion of the open space at Frost and English was studied as a development area for town homes to determine the impacts. • The redevelopment plan calls for nearly $18 million of public improvements, including open space enhancements, Flicek Park improvements, streetscape and roadway improvements mainly to Frost and English Avenues, burial of power lines along Frost and English and site contamination clean up / remediation. Implementation of the redevelopment is assumed to occur over a period of 10 years or more. • A reconfiguration of the Park and Open Space system is proposed, including the redevelopment of Gloster Park, the re- programming of Flicek Park to a combination of open space and storm water overflow area, and reconfiguration of the Gladstone Savanna to allow some highly environmentally - sensitive development options. A bridge structure is required to allow pedestrian, storm water and habitat connections between the Savanna and Flicek Park. • A key part of the Master Plan calls for an improved pedestrian circulation system. Local connections to the Gateway and Vento Trails are proposed. A combination of pedestrian ways, green streets, plaza streets, off street trails and sidewalks are necessary to meet this requirement. • Natural, Cultural and Physical Resources were studied as part of the study and will be recognized as part of the development plan. An awareness will be provided as part of the public improvements and interpretation structures. The natural resources will require major improvements due to current conditions where runoff is directed into Lake Phalen without significant treatment. A Phase I Environmental Site Assessment has been conducted. Fourteen sites will require additional studies and cleanup which will be accomplished through Phase 11 evaluation and development of response action plans. • Local utilities (sanitary sewer and water) are adequate to serve the area. Improvements to the storm water system are needed to properly discharged runoff waters. Five wetland areas exist within the project area. All efforts will be made to avoid impact to these areas. • The traffic analysis reviewed the proposed impacts of additional traffic through 2030. The key finding is that the proposed redevelopment concept will not require major mitigation measures. Some improvements will be needed at Frost and TH 61. The traffic engineer found that the proposed redevelopment will have less impact than if the proposed Comprehensive Plan is followed that includes significant commercial /industrial development patterns. Development staging is proposed and recommended as follows: • Overhead utility burial April 2006 • Construct bridge structure May 2006 • Storm water improvements May 2006 • Environmental Cleanup May 2006 • Frost /English Street Improvements May 2006 • Public Roadway construction May 2007 Agenda Item K5 • The need for increased fire and police protection is identified within the AUAR. However, the report concludes that an increase in activity within the area will also create a renewed interest in property maintenance and public safety that will help minimize the public safety department impacts. • The study concludes that students from the proposed development will help support declining enrollments in the school facilities. RECOMMENDATION It is recommended that the City Council adopt the attached resolution that authorizes distribution of the AUAR for the Gladstone Redevelopment Area according to the Environmental Quality Board (EQB) distribution list and establishes a 30 -day comment period. Attachments: 1. Draft Executive Study from AUAR (Copies will be provided for Mayor and Council.) 2. Figures 6.1 and 6.2 Showing Development Area (Copies will be provided for Mayor and Council.) 3. Resolution Draft AUAR (Full document is available at the library and on the website. Council members may request a full copy of AUAR) Gladstone Area Redevelopment Master Plan Alternative Urban Areawide Review (AUAR) Draft For Public Comment— September 26, 2005 Hoisington Koegler Grant) Inc. Kimle -Horn and Associates, Inc. Short Elliott Hendrickson Inc. 106 Grant) LTD. Braun Intertee Corporation Gladstone Area A UAR 26 September 2005 -- Draft Document Page Table of Contents ExecutiveSummary ....................................................................................................... ............................... I Alternative Urban Areawide Review (AUAR) Worksheet Form .................................. ............................... 8 1 . Title .................................................................................................................... ..............................8 2 . Proposer ............................................................................................................. ..............................8 3 . RGU .................................................................................................................. ............................... 8 4. Reason for LAW ( AUAR) preparation ............................................................. ............................... 9 5 . Location and maps ............................................................................................. ..............................9 6 . Description ........................................................................................................ .............................10 7 . Project magnitude data .................................................................................... ............................... 15 8. Permits and approvals required ....................................................................... ............................... 16 9 . Land use .......................................................................................................... ............................... 17 10 . Cover types ....................................................................................................... .............................18 11. Fish, wildlife, and ecologically sensitive resources ........................................ ............................... 19 12. Physical impacts on water resources ................................................................. .............................21 13 . Water Use ....................................................................................................... ............................... 23 14. Water - related Land Use Management Districts .............................................. ............................... 23 15 . Water surface use .............................................................................................. .............................23 16. Erosion and sedimentation ................................................................................ .............................23 17. Water Quality- stormwater runof' f' ..................................................................... .............................24 18 . Water Quality- Wastewater ................................................................................ .............................24 19. Geologic hazards and soil conditions ................................................................ .............................27 20. Solid wastes; hazardous wastes; storage tanks ................................................. .............................27 21 . Traffic ............................................................................................................. ............................... 29 22. Vehicle - related air emissions ............................................................................ .............................39 23. Stationary source air emissions ......................................................................... .............................39 24 . Dust, odors, noise .............................................................................................. .............................39 25. Sensitive resources ............................................................................................ .............................39 26. Adverse visual impacts ..................................................................................... .............................43 27. Compatibility with Plans ................................................................................... .............................43 28. Impact on infrastructure and public services .................................................... .............................43 29 . Cumulative impacts .......................................................................................... .............................45 30. Other potential environmental impacts ............................................................. .............................45 31 . Summary of Issues ............................................................................................ .............................45 List of Figures Figure 5.1 Project Location Figure 5.2 -AUAR Boundary /USGS Map Figure 5.3 Project Area Aerial Photo (2004) Figure 6.1 -Comprehensive Plan Scenario Figure 6.2-Gladstone Redevelopment Master Plan Scenario Figure 9.1 Existing Land Use Figure 10.1- Existing Wetlands Figure 10.2- Existing Public Waters Figure 10.3-Grasslands and Woodlands on Gladstone Savanna Neighborhood Preserve Gladstone Area A UAR 26 September 2005 -- Draft Document Pager Figure 13.1- Existing and Proposed Watermain Layout Figure 17.1 Overall Storm Water System Existing Conditions Figure 17.2 -Storm Water -The Meadow Figure 17.3 Wetlands and Mechanical Treatment Devices Figure 17. Storm Water System Figure 17.5 -Storm Water System -Yost Redevelopment Concept Figure 18.1- Existing and Proposed Future Sanitary Sewer Layout Figure 19.1 Bedrock (forthcoming) Figure 19.2Surficial Geology (forthcoming) Figure 193-Soils Figure 21 .1 Roadways and Key Intersections Figure 21 .2 Existing Average Daily Traffic Volumes (ADT) Figure 21.3- Existing AM Peak Hour Volumes Figure 21 . - Existing PM Peak Hour Volumes Figure 21 .S Traffic Analysis Zones (TAZ) Figure 21 .6PM Peak Hour Turning Movements with the Redevelopment Concept Figure 21 .7 Existing PM Peak Hour Roundabout Traffic Volumes (page 37 of worksheet) Figure 21 .8 Redevelopment Concept Roundabout Traffic Volumes (page 37 of worksheet) Figure 21 .9 - Proposed Edward Street Area Improvements List of Tables Table 6.1 - Existing Comprehensive Plan Future Land use Acreage ....................... ............................... 11 Table 6.2 - Redevelopment Master Plan Scenario - Future Land Use Acreages ........ ............................... 12 Table 7.1 - Project Magnitude Data ............................................................................. ............................... 16 Table 8.1 - Permits and Regulatory Review / Approvals ............................................... ............................... 16 Table9.1 - Existing Land Use ..................................................................................... ............................... 18 Table 12.1 Buf'f'er Strip Requirements ........................................................................... .............................21 Table 20.1 - Summary of Current and Future Residential Waste Generation ............... .............................28 Table 20.2 - Summary of Current and Future Non - Residential Waste Generation ....... .............................28 Table 21.1 Trip Generation - Existing Land Use (see attached) ................................. ............................... 30 Table 21.2 Trip Generation Gladstone Redevelopment Concept (see attached) ........ .............................30 Table 21.3 Trip Generation Comprehensive Plan (see attached) ................................ .............................30 Table 21.4 Trip Generation Summary .......................................................................... .............................31 Table 21.5 Intersection Control Delay and Level of Service (LOS) Results from Synchro /SimTraffic ....32 Table 21.6 Queues at TH -61 and Frost Avenue ............................................................ .............................34 Table 21.7 Volume to Capacity Ratios ( v/ c) ................................................................. .............................37 Table 25.1 All Cultural Resources Identified within the Project Area .......................... .............................42 Appendices Appendix A: MnDNR Response Letter Appendix B: Wetland Delineation Report Appendix C: Gladstone Area Storm Water and Wetlands Plan Gladstone Area A UAR 26 September 200_5-- Draft Document Page in Executive Summary WHAT IS AN AUAR? An Alternative Urban Areawide Review (ALTAR) is authorized under Minnesota Rules Chapter 4410.3610 as an alternative form of environmental review for development projects. Generally, the ALTAR consists of one or more development scenarios, an inventory of environmental and cultural resources, an assessment of the "cumulative" impacts that the development scenarios may have on these resources as well as public infrastructure services, and a set of mitigation measures that reduce or eliminate the potential impacts generated by the development. The ALTAR is intended to address the "cumulative" impacts resulting from a sequence of related development projects as opposed to an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS) which looks at a single project's impacts and does not attempt to outline mitigation initiatives. WHY AN AUAR FOR THIS PROJECT? An ALTAR was chosen for the Gladstone Area Redevelopment Planning project because it will provide a better framework for coordinating multiple redevelopment projects that may occur over a period of vears, identifying potential impacts, and focusing on effective, efficient mitigation strategies. HOW IS AN AUAR USED? An ALTAR is used as a tool to help parties interested in development within the project area understand the existing environmental and cultural resources present on a site prior to initiating detailed planning and design. It is also used to identify key initiatives or actions needed to minimize negative impacts generated by proposed development. Any proposed development in the project area would need to be reviewed for consistency with the ALTAR and Mitigation Plan. If a development plan is not consistent with these documents or other statutory requirements, the developer may need to conduct additional environmental documentation /review or request an amendment to the ALTAR. Natural and cultural inventory information in the ALTAR and the Mitigation Plan will be used to guide development. Design and construction would precede only after all other approvals and agreements are complete as required through the entitlement process. The ALTAR by itself does not entitle a development project. The project would still need to conform with other plans and policies that guide the area including the Comprehensive Plan, Zoning and Subdivision Ordinances and in this case the Gladstone Redevelopment Master Plan. OVERVIEW OF THE AUAR PROCESS The City of Maplewood last adopted its Comprehensive Plan in May of 2002 consistent with Minnesota State statutory requirements of the Metropolitan Land Planning Act. The Comprehensive Plan designates a large portion of the project area as business commercial or light manufacturing. Todav, the project area is home to a number of aging commercial sites that are being eyed by developers and property owners for future redevelopment. Part of the pressure for Gladstone Area A UAR 26 September 2005 -- Draft Document Page I redevelopment is directly related to an inefficient and aging land use and development pattern. The location is not seen as a strong location for commercial development due to the relatively low traffic volumes on Frost Avenue and English Streets and the competing commercial corridors of TH 61, White Bear Avenue and Highway 36. The value of land as residential development is driving some of the pressure for redevelopment. The Citv and neighborhood undertook a lengthy planning process to arrive at a redevelopment plan for the Gladstone Area. The plan serves as a policy guide to staff and decision makers and helps generate a greater degree of certainty for the neighborhood. The process was facilitated through a task force representing the neighborhood residents and businesses, elected and appointed city officials and other special interest groups. The process also included five separate city wide public meetings which were attended by as manv as 70 to 170 participants at any one time. The planning process resulted in the Gladstone Redevelopment Master Plan. The ALTAR is a by- product of that planning process. DESCRIPTION OF THE DEVELOPMENT SCENARIOS This ALTAR document reviews two separate development scenarios (see Figures 6.1 and 6.2). The first scenario represents a "full buildout" scenario based on the land use plan contained within the current Comprehensive Plan. The second scenario is based on a redevelopment concept for the project area developed through the panning process. The evaluation attempts to understand the impacts from a development pattern that will create the greatest degree of impacts on the community or in terms customary to environmental reviews "the worst- case - scenario ". The Master Plan, and ultimately what may be built, will likely be a lesser intensity than what is assumed in the ALTAR. The current project area contains approximately 475 housing units (100 mobile homes /manufactured housing units, 188 single family detached homes, and 187 units in multi- family structures including duplexes to apartment /condo buildings). The project area is also home to approximately 180,000 square feet of commercial development of which only 30,000 to 40,000 square feet is purely neighborhood retail oriented uses (bakery, grocer, liquor, laundry mat, etc...). The remaining uses are services (construction offices, storage, auto repair services, etc...) or specialty commercial (entertainment, funeral home, etc...). The project area also has nearly 60 acres of park and open space excluding the two regional trail corridors. The Comprehensive Plan Scenario: This scenario assumes a land use pattern reflective of what is currently present today with a few minor exceptions where parcels are either vacant or currently being used in a legal non - conforming manner. The scenario assumes a development pattern consistent with both the current comprehensive plan and zoning designations. The predominant pattern includes commercial uses north of Frost Avenue between the Vento Trail and Flicek Park and stretching along the east side of English Street. Additional neighborhood commercial uses are reflected east of English Street with frontage on Frost Avenue. Light Manufacturing is the land use pattern established for the area near Frank and Edward Street adjacent to Frost Avenue. A mix of residential uses surround the perimeter of the project area with the bulk being single family detached residential. Through limited redevelopment and development of existing vacant parcels, the project area could see an additional 100,000 square feet of non- residential development. The nature of this development will consist of low profile, destination oriented, service commercial or light industrial type uses similar to what is currently present today. Gladstone Area A UAR 26 September 2005 -- Draft Document Page 2 Housing units would change only moderately with the redevelopment of the manufactured housing parcel on English Street. The Redevelopment Master Plan Scenario: The redevelopment master plan scenario assumes the conversion of existing low intensity commercial services to a high density residential pattern with a limited amount of new commercial development estimated at roughly 50,000 square feet of new commercial development of a neighborhood retail character. An existing structure is proposed to remain with an additional 15,000 square feet of office /service for a total of approximately 65,000 square feet of commercial development as part of the redevelopment master plan scenario. At a full build out scenario, the redevelopment plan would add approximately 900 new housing units consisting of a combination of stacked condominium/ apartment units and attached townhomes. A portion of the open space area at Frost Avenue and English Street would be developed, accounting for a share of these housing units. The redevelopment master plan also calls for nearly S 18 million of public improvements. These include improvements to the open space area at Frost Avenue and English Street (the Savanna), Flicek Park improvements, streetscape and roadway improvements primarily to Frost Avenue and English Street, storm water system enhancements, burial of overhead power lines along Frost Avenue and English Street and site contamination clean up /remediation. Implementation of redevelopment will require a combination of public and private actions and will occur over a period of vears, possibly 10 or more vears. IDENTIFICATION OF POTENTIAL IMPACTS Park, Trail and Open Space System The Comprehensive Plan scenario preserves the current park and open space system as is today. The redevelopment scenario suggests a number of improvements and changes to the park and open space system. Gloster Park is proposed to be removed from the park supply and sold for development. The active recreational uses would be displaced. A tot lot would be relocated within the immediate area. Flicek Park is proposed to be reprogrammed to a combination of open space and storm water overflow areas, which would serve as an open space area except under extreme storm events. Active recreational uses in Flicek Park would be displaced from the immediate neighborhood but would still be available in nearby parks including Wakefield Park and Robinhood Park and the ballfield shared with the former Gladstone Elementary. The Gladstone Savanna neighborhood preserve would be reconfigured under the redevelopment plan. A portion of the Savanna is proposed to be redeveloped to housing that would orient towards the Savanna. A bridge structure under Frost Avenue would serve as a direct pedestrian, storm water and habitat connection to Flicek Park. Improvements to the Savanna and open space system include removing invasive species, re-establishing prairie understory, planting oak groves, planting buffers, and planting demonstration gardens at a interpretive plaza area near the Frost Avenue and English Street roundabout. In all, the reprogramming of Flicek Park and the reconfiguration of the Savanna open space results in a no -net loss of open space area. Also as part of the Flicek Park reorganization, a small play area, picnic area and parking area provide a limited level of active park use. The parking area also serves as a trail head location to the Gateway Trail. Gladstone Area A UAR 26 September 2005 -- Draft Document Page 3 A key part of the Redevelopment Master Plan is the provision of an improved pedestrian circulation pattern that establishes safe pedestrian connections throughout the project area and connected to other regional amenities through the Gatewav and Vento Trail and local connections. A combination of pedestrian or green streets, plaza streets, off street trails and sidewalks provide this network. No other changes to the park and open space system are proposed. Natural, Cultural and Physical Resources The Gladstone Area has a rich history that has been well document. The area was one of the early settlement areas for the Maplewood Area. The two current Regional Trail Corridors were once thriving railroad corridors and the Savanna was an industrial railroad maintenance facility serving the railroad industry. Other major industries made this area their home in the early days. An historical and cultural resources study was completed as part of the planning process and is available from City Hall. The redevelopment plan offers the opportunity for this area to help tell the story through interpretation and public improvements. Redevelopment will be done with awareness of the historical and cultural resources present in the neighborhood and will avoid or minimize negative impacts to these resources. The natural resource system is a strong part of the project area and surrounding areas. Proximity to Lake Phalen is a significant benefit to the community. Linder current conditions, storm water runoff gets to Lake Phalen quickly without significant treatment. The redevelopment scenario seeks to emphasize natural resource preservation and environmental design to provide greater opportunities to treat and control water runoff. The improvements planned for the Savanna and reconfiguration of Flicek Park will help with restoration of native ecological systems. The City has completed a Limited Phase I Environmental Site Assessment (ESA) of the project area and has identified fourteen properties that will require additional environmental studies and /or cleanup activities. These activities may include Phase II ESAs, preparation and implementation of a development response action plan, determination of soil disposal costs. Utilities The Gladstone Area is currently developed. Sanitary sewer and watermain systems are currently in place to meet the demands of the existing neighborhood, and demands will not increase as a result of proposed redevelopment plan. The construction of additional watermain and sanitary sewer lateral extensions will be required in some areas to meet the needs of the proposed redevelopment. While the storm sewer is sized to meet existing demands, storm water - related improvements are proposed as a part of the proposed redevelopment plan. Within the Savanna, an existing storm water pond will be redesigned and upgraded to meet NLIRP standards. In addition, near the Tourist Cabins site, pond construction and environmental manhole installation are necessary to treat storm water before it is discharged to Lake Phalen. Gladstone Area A UAR 26 September 2005 -- Draft Document Page 4 The burial of overhead utility lines in the project area will be included as part of redevelopment. Overhead lines to be removed are located along Frost Avenue (from Hazelwood Street to west of East Shore Drive) and along English Street (from Ripley Avenue to Ryan Avenue). Water Resources and Storm Water Management In the proposed conditions for the Gladstone Area, the overall storm water system will be greatly improved to increase flood protection and improve storm water treatment. Linder the system, runoff from within the project area is routed primarily to Round Lake and Lake Phalen. No major changes to this routing are proposed. A total of five (S) wetland areas were identified in the project area. These wetlands are isolated to the west side of the project from East Shore Drive to Highway 61. The shore of Lake Phalen is also considered wetland, but was not delineated as no impacts the shore line are planned. All efforts will be made to avoid impacting wetlands as a result of the redevelopment within the Gladstone Area. A wetland delineation report documents these wetland features. There is an existing storm water detention pond that will be modified as part of the redevelopment concept in order to improve volume control in addition to treatment potential. The Gladstone Redevelopment Master Plan will incorporate design policies and principles that seek to reduce runoff volumes and provide increased opportunities for pre - treatment of surface runoff, improving upon existing water resource impacts. Linder current storm water systems, the majoritv of storm water is discharged into Lake Phalen or Round Lake with limited treatment in manv areas. Round Lake is a listed by the Minnesota Pollution Control Agenev as impaired, and is directly connected to Lake Phalen. Therefore, the overall storm water plan seeks to provide treatment systems that will improve the quality of runoff to both water bodies. Treatment is proposed in the form of an improved storm water pond in the Savanna, placement of several sediment traps in existing storm sewer and infiltration systems throughout the study area. Flicek Park's reconfiguration as an open space and storm water overflow area (The Meadow) will provide infiltration opportunities. This Meadow area will help to manage the extreme storm water event through the hydraulic connection to the storm water pond existing on the west side of the Savanna. The proposed Savanna pond will be a wet pond (have a permanent pool of water) and will serve as the primary regionalized storm water treatment and detention area. A natural wetland infiltration basin is planned as an extension to the south portion of the Savanna pond to provide additional treatment and control flooding during and extreme rainfall event. In addition to regional system improvements, the redevelopment master plan and city policy will require developers to provide added treatment systems on -site. Streets Frost Avenue and English Street are integral parts of the Maplewood community street system. Therefore, the redevelopment of these roadways could potentially have community -wide impacts. The existing roundabout at the intersection of Frost Avenue and English Street serves as a focal point and aids in traffic calming. In addition to the roundabout, the following street improvements are proposed as a part of the redevelopment plan • Frost Avenue (East Shore Drive to Hazelwood Street) • English Street (Gateway 'Frail to Ripley Avenue) Gladstone Area A UAR 26 September 2005 -- Draft Document Page 5 • Eduard Street (Frost Avenue to Ripley Avenue) • Ripley Avenue (East Shore Drive to Eduard Street) • Sophia Avenue (East Shore Drive to Eduard Street) • Frost Avenue and English Street (Northwest Quadrant) • West of Clarence Street (Frost Avenue to Ripley Avenue) • Frank Street (Frisbie Avenue to Frost Avenue) Construction of a bridge along Frost Avenue east of Frank Street is also included in the redevelopment plan. The bridge will serve as a pedestrian crossing and will accommodate storm drainage overflows. Traffe Related Impacts Kev intersections and streets within the Gladstone redevelopment area have been analyzed to determine the impacts of the proposed redevelopment plan. The analysis was performed for existing conditions, 2030 forecast traffic volumes, and the Gladstone development scenarios. Intersections that were analyzed as a part of this study are as follows: 1. TH 61 and Frost Avenue — signalized 2. TH -36 and English Street— signalized 3. CR -B and English Street— all -way stop 4. Frost Avenue and English Street — roundabout S. Ripley Avenue and English Street — all -way stop 6. Larpenteur Avenue and English Street — all -way stop 7. White Bear Avenue and Frost Avenue — signalized The key findings of the traffic analysis indicates that the Gladstone Redevelopment Master Plan Concept will not require any mitigation measures at these key intersections with the exception of turn lane and signal modifications at the TH 61 and Frost Avenue intersection. The changes recommended at this intersection are not needed solely to accommodate this project, they reflect current deficiencies that exist at this intersection. The proposed redevelopment plan will result in fewer traffic impacts at the key intersections than if the area is developed based upon the current Comprehensive Plan due to the difference in traffic impacts generated by commercial /industrial development patterns compared to residential. Development Staging The planned phases of the public improvement components in the project area, along with estimated start and completion dates, are as follows: • Construct bridge structure (May )006 to November 2006) • Stormwater related improvements (May )006 to November 2008) • Environmental cleanup of various properties within the project area (May )006 to November 2008) • Frost Avenue and English Street improvements (May )006 to November 2006) Gladstone Area A UAR 26 September 2005 -- Draft Document Page 6 • Public roadway construction (May )007 to November 2008) • Overhead utility line burial (April )006 to July 2006) It is anticipated that private sector development will commence in the Spring of 2006 concurrently with some of the public improvements. MITIGATION INITIATIVES The Mitigation Plan identifies key steps that the City will take to mitigate potential impacts identified in the ALTAR. In addition to general mitigation initiatives, the mitigation plan includes strategies in the following areas: • Natural and Physical Resources • Historical and Cultural Resources • Land Use Management • Erosion Control and Sedimentation • Water Supply and Appropriation • Wastewater System • Storm Water Management • Traffic Management Mitigation strategies are described throughout the ALTAR worksheet as they pertain to appropriate questions. A complete mitigation plan will be included in the final ALTAR document that summarizes the various mitigation actions discussed in the ALTAR worksheet. Gladstone Area A UAR 26 September 2005 -- Draft Document Page 7 CIL.ADSTONE AREA REDEVELOPMENT PLAN - ALTERNATIVE URBAN ARPAWIDE REVIEW (AUAR) Figure 6.1 Comprehensive PL1➢. SCPIIITIO Figure 6.2 Gladstone Redevelopment Master Plan Concept (development on Savanna) CIL.ADSTONE AREA REDEVELOPMENT PLAN — ALTERNATIVE URBAN ARPAWIDE REVIEW (AUAR) Agenda Item K5 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. XX -XX A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT ALTERNATIVE URBAN AREA -WIDE REVIEW DOCUMENT AND MITIGATION PLAN FOR GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved resolution #XX -XX, authorizing that an Alternative Urban Area wide Review ( "AUAR ") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area Redevelopment Master Plan that has included a number of public meetings and workshops; and WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the next publication date for the EQB Monitor is October 10 with a public comment deadline of November 9th. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the draft AUAR environmental analysis document for the Gladstone Area Redevelopment Master Plan be distributed for public comment commencing on October 10 and running to November 9 in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26 DAY OF SEPTEMBER 2005. MAYOR CITY MANAGER Agenda Item K6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Chuck Vermeersch, Engineer I SUBJECT: Beaver Lake School Drainage, City Project 04 -35: Approve Agreement with School District 622 DATE: September 16, 2005 I.III II:is] 1111101 [a].I School District 622 has had an ongoing erosion problem adjacent to Beaver Lake School and extending from the school district property onto the city property at Geranium Park. At their December 13, 2004 meeting the council received a petition from the school district requesting the city to conduct a feasibility study to determine the work scope and cost to correct the problem. The council directed the engineering department to investigate performing the repairs as part of a public improvement. The Feasibility Study is now complete and is included as an attachment to this report. The city council will consider receiving the feasibility study, and approving the attached agreement with District 622 to have city forces perform the recommended repairs. Background Engineering staff has been in discussion with the school district maintenance supervisor as they have investigated the problem. As outlined in the Feasibility Study, the problem resulted from a malfunctioning infiltration structure. The proposed solution is the installation of a French drain system, repair of the slope erosion, and minor grading in Geranium Park. Assuming the work is done with city forces, the estimated cost of the repair is $10,500. The entire cost of the repairs is proposed to be billed to the school district. Staff has discussed these findings with representatives from the school district, and the district has indicated they are in agreement with this proposal. They have indicated as much in a letter which is included in the feasibility study, and in the attached agreement. Budget Impact Since the School District has agreed to pay the entire cost of the repairs, there are no adverse budget impacts. RECOMMENDATION Staff recommends that the city council accept the Feasibility Study, and approve the attached agreement with ISD 622. Attachments: 1. Feasibility Study (Copy provided for Mayor and Council.) 2. Agreement with ISID 622 FEASIBILITY REPORT BEAVER LAKE SCHOOL EROSION REPAIR CITY PROJECT NO. 04 -35 CITY OF MAPLEWOOD, MINNESOTA I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Charles J. Vermeersch, P.E. License No. 43842 Beaver Lake School Erosion Repair City Project 04 -35 Introduction School District 622 has had an ongoing erosion problem at the Beaver Lake School which extends onto the city property at Geranium Park (see exhibit 1: location map). Since the problem is larger in scope than the district's maintenance staff is equipped to handle, and is not within their area of expertise, they petitioned the city to explore the possibility of correcting the problem as a public improvement (see exhibit 3). At the December 13, 2004 Maplewood city council meeting the council received the district's request and directed city engineering staff to investigate the scope of the problem, and its solution. Problem Description The erosion extends from a storm sewer structure located near the north property line of the school approximately 90 feet down slope to the north into the park. A portion of the school's storm sewer system drains to this structure which was built to function as an infiltration device. Whether due to a tree being uprooted, or because the soil was not sufficiently permeable to infiltrate the amount of flow directed to the structure, flow found its way to the surface and began eroding the slope. Over time, a large gully has formed (see exhibits 2a and 2b, erosion photographs). Proposed Solution A site inspection indicated the infiltration structure itself is in good repair. If the gully erosion is repaired, and the slope stabilized and revegetated the structure should continue to function as designed. The proposed repair is the installation of a french drain system in the existing gully from the infiltration structure to the base of the hill in Geranium Park. The french drain system consists of a 3 -foot by 3 -foot rock trench wrapped in geo- textile fabric. The drain system will surface at the base of the hill where a layer of larger rock at the surface would prevent the drain rock from washing out. From the base of the hill where the drain system surfaces, any water that has not infiltrated will flow overland along the edge of the park to a wetland located in the southwest corner of the park. The remainder of the gully will be filled with soil, graded, seeded, and covered with erosion blanket. Project Costs and Financing We have proposed to the school district that the repairs be done with city forces. The district would be billed for staff time, materials, and equipment rental. This arrangement would result in a significant savings for the district while covering the city's costs. The district is receptive to the idea, and has indicated as much in the attached letter (exhibit 4). The estimated costs are summarized in the table below. Beaver Lake School Erosion Repair Cost Estimate ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE COST 1.5 CLEAN ROCK TN 112 17 1904 TYPE V FABRIC PERMEABLE SY 500 0.8 400 EROSION CONTROL BLANKET SY 560 2 1120 SEED MIX 330 LB 12 15 180 TREE REMOVAL LS 1 2500 2500 LOADER RENTAL $1500 DAY 2 100 200 BACKHOE RENTAL $2000 DAY 2 100 200 TANDEM TRUCK RENTAL $1500 DAY 2 75 150 SKIDSTEER RENTAL $ 510 DAY 2 50 100 LABOR 1 CREW OF 4 MEN DAY 2 1280 2560 ENGINEERING HR 6 42 252 SUBTOTAL $9,566 10% CONTINGENCIES $957 TOTAL ESTIMATED COST $10,523 Recommendation The proposed repairs should be made with city forces and the costs of the feasibility study, engineering, materials, labor, and equipment rental should be billed to the school district. Exhibits: Exhibit 1: Location Map Exhibits 2a & 2b: Photographs of Erosion Gully Exhibit 3: District 622 Letter Requesting Feasibility Study Exhibit 4: Agreement Letter from District 622 Exhibit 1 - Location Map Beaver Lake School — Geranium Park Drainage Improvements Project 04 -35 Exhibit 2b: Erosion gully viewed from top of hill Exhibit 2a: Erosion gully viewed from base of hill Exhibit 3: Letter from District 622 requesting feasibility report BUSINuss SrTtvIcF_s Novenibur 17, jUU4 TO: CIJARLES A11UPIRECTOR OU'PUBLIC WORKS FRONI; 1),kN'UR[iN"KNIAN!SUPERG ? ISOR OF MAlNTEN,kN(.'Fj'ISD 622 RE; PETITION FOR PROJ ECTIBEAVYR UAKF-GERANIUM PARK Mr, AhL With this lencr, North SL Paul -,Map lot eurf Oakdale SehGol District is petuzioriirtt! Ino Cky of Mqdewood 10 MaRiCt J hcaUatuljty straly to rictenuinc work scope ana rest for cult , ert-%vn.;hout reworadoia by Bcaver [_Like Scho The location r)(71hus Irrojet, Ikon tha e,00ded hillside herween Evevvr LAs School aiid G"ranvaii Fork. ! is on Dieu ict PIXSPWIY ThwoM, As washcwt represents a cowan to us bwauv> it is unstable. sisni ficansly &ep and poicntially unsale it large mi has 'alien over die %vaelied out jr a Thero is a biwisAwmis walkbg poh, vviduh is AranvAd cfast to the wadioul me* and whats down from the School efisl6c I prop_ to ,ho ciiv park imet at the of th- hilL The cqy enSincerhyg staMas nistified ate. chat the City ofhfiaplswood ties n) -Louse I)RAc"joujIservices that would be a)Ie to acce rrinikh The dcsit sol, anis i coastvuatiort for the p7ojxl U'pon in tc wvrk uiQpQtnI W64 cob 01'reswrWAXI RV IN' POW.1 of thoprcjeel that is on Disu PropciLy, the - j,)anriet, abug "Ift ihe ongincering si 'f( s_& to rn the City, can ivview and ISCUS5 flr; $C0jIr CiFtae pit? act, Aa that thria. a dedshmi wiH be inade on histe and a hev, to ptocced, Pte as_ keep ine Annne ertflesuMs of As pryca study. Also, please contae nia at any tune ryaMNE any ClUeSnOns yOU May halve 011 011S. My ofl ry-unber is s151 74S-`516 Mank yon Ar your tnue A Can l3raikuwa 0 1 !,, (C 4:hnsUavar Exhibit 4: Agreement letter from District 622 °f f �` S T k 5( illiti: tt7 1 '!gli VR() CHI T II.'.7'ti NEI6T2 HJRI t'It {R OF Id MINT:t; �SI .2 +'t{'I.S IMMI W '.11 , t €l ^" tstt~`c° ISD {1 "_u h a t!f.t{xtzglte- the Chy ob " vLa pi4mixul to Proceed nib dw t,I'tl3 on Comm! 35?Ct1;tt3Fr to the € ".I'i.1t.?lvo ul TIic €. aiui Ct' T.,ttoC School ilts ", on !. 3e %No, th en o th ?Pi}lr ny. At oul clacuting, on AL14LI'NI €0, ?;UU .4 54:1',4'.:4€ Ow " r lrci scolia and costs. 1Ftd the €itan . you tooloa — Acct cntaiho USh Ig {:`:i71 ttlt4n} al id c'1TFt l.i;,a , U'I'M Iwt1-7 i'41 1h p I. ml T I7C €dsl ti4',7 I+ sadsfiCd that 4 our .. mt Ulkilt 57lllis Mal 17t'St ills 4 inci e t 4.. 4!£'lt ions: None. €ptit . v"Mald do so at 141'1' reui MbN 4 sit to tkr4 Dior is Ileas4 p slveed wide l€tc° project as stltrtl as € osslkakx Thank you 3 417 y ovla ts5.slanct in this tart j44t. 4. September 16, 2005 Greg Hein, Director of Business Services Independent School District 622 District 622 Education Center 2520 12" Avenue East North Saint Paul, MN 55109 AGREEMENT FOR WORK ON PRIVATE PROPERTY (Erosion Repair, Grading, and Restoration) A feasibility study has been done to investigate the repair of erosion occurring at the Beaver Lake Elementary School (ISD 622 property). Since there is some public benefit associated with this work (protection of the slope along the south edge of Geranium Park) the feasibility study proposes that the repairs be done by the City of Maplewood Public Works Department, and all costs, including preparation of the feasibility study, be billed to Independent School District 622. The work is subject to the following conditions: 1. 1k Independent School District 622 has received a copy of the feasibility study for the Beaver Lake School Erosion Repair, City Project 04 -35, and concurs with the findings of the report. 2. The Maplewood Public Works Department will perform all work associated with the repair of the erosion, grading, and restoration. 3. h *The Independent School District 622 agrees to reimburse the city for all costs associated with the repair of the erosion, grading, and restoration (estimated cost: $13,000). t V ' 4. Independent School District 622 hereby grants the city right of entry to its property in order to perform the above described work. If you are in agreement with all of the information contained in this letter, please acknowledge your approval by initialing each of the 4 points above and signing below CHUCK VERMEERSCH, P.E. MAPLEWOOD ENGINEERING I hereby authorize the City of Maplewood Public Works Department to perform the erosion repairs, grading and restoration work as outlined in the feasibility study for the Beaver Lake School Erosion Repair, City Project 04 -35, and subject to the conditions listed above. Ely 0TY OF MAPLEWOOD 1902 COUNTY ROAD S EAST MAPLEWOOD, MN 55109 Agenda Item K7 / e[ r]:l ki I BY-1 :141 s]: i I TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Engineer 1 SUBJECT: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10 1. Resolution Ordering Preparation of Assessment Roll 2. Resolution Ordering Assessment Hearing DATE: September 16, 2005 INTRODUCTION At the June 27` 2005 city council meeting the award of bid was given to Danner, Inc. for the construction of Dahl Avenue. Construction for the street and utility project is underway. The city council will consider the resolutions for ordering the preparation of the assessment roll and ordering the assessment hearing. Background The proposed assessments for the Dahl Avenue, Street and Utility Improvements, are for costs relating to the street and utility construction that benefit the adjacent properties. The assessment rates for the street and utility improvements are based on the cost of construction for the Woodhill Development. The assessment to the existing residential property at 2480 Linwood Avenue is based on standard sanitary sewer and water main service charges. The method of assessment is the same as had been outlined in the feasibility study. The assessment roll has been prepared and is attached. Budget Impact The current action will not affect the approved project budget. Below is a summary of the project funding as approved by the city council following the public hearing on May 9, 2005. Approved budget for Dahl Avenue Street and Utility Improvements: Assessments PAC Fund Environmental Utility Fund Total RECOMMENDATION $ 570,100 (95%) $ 21,300 (4 %) $ 8,300 (_1 °/ $ 599,700 (100 %) It is recommended that the city council approve the attached resolutions for the Dahl Avenue Street and Utility Improvements for Woodhill Development, City Project 05 -10: Ordering the Preparation of the Assessment Roll and Ordering the Assessment Hearing. Attachments: 1. Resolution Ordering Preparation of Assessment Roll 2. Resolution Ordering Assessment Hearing 3. Final Assessment Roll 4. Location Map Agenda Item K7 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Dahl Avenue Street and Utility Improvements for Woodhill Development, City Project 05 -10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Agenda Item K7 RESOLUTION ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Dahl Avenue Street and Utility Improvements, City Project 05 -10, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of October 2005, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Maplewood, MN Dahl Avenue Street and Ut ty Impmvements (or Waodhlll Development Prefeat0110 09116✓), City Project 05 -10 Dahl Avenue Street Utility Improvements for Woodhill Development FINAL ASSESSMENT ROLL No. Parcel lD Number Street ZIP Owner Name No. of Street Units STREETISTORM No. of Trail Units TRAIL No. of Resitlen[al Services SANITARY WATER $ 11,100.60 $ 52].06 $ 12,8]5.06 53,880.00 $ 12,980.06 53,880.00 MAINBSERVICE SERVICE MAINBSERVICE SERVICE TOTAL 1 132822120010 2516 LINWOODAVE 55119 -58]3 BENCHMARK COMPANIES 15 $ 166,500.00 15 $ ],905.00 15 $ 193,125.00 $ - $ 198820.00 $ - $ 562,350.00 2 132822210085 2480 LINWOOD AVE 55119 -5808 ALBERT J JIROVEC 0 $ 0 $ 1 $ - $ 3,880.00 $ - $ 3,880.00 $ ],]60.00 $ 570,110.00 TOTALS 15 1 $ 166,500.001 15 1 $ 7,905.00 16 1 $ 193,125.001 $ 3,880.001 $ 194,820.001 $ 3,880.001 $ 5]0,110.00 Pagel aft .. �� KING ST, � �7 ODAQ BATTLE CREEK MAI LAND ° GOLF CIR. o COURSE ° ° c O 1. CRESTVIEW Q ° ° vista Hills Z z MPark Park J FOREST EAK- Q O Park Of DR. O NOOD � � 1 2 ' 2. DEER RIDGE ==3 O w TEAKWOOD DR. Cn LN. CT. ° Q OAKRIDGE DR. 3: w Off. HILL WOOD LL z cn Q cn o > 2 ' DR. HILL 04k RIOGE ly- L�j v 1 CT SPR/NCSIDE �r(T���` U AE ° DR. Q� w AVE. LINWOOD w KP H L AVE. LINWOOD oP� PROMO o � ° y NTORy z U Z r OJECT D z SPLEN LOCATION o Li TIMBER WHITE OAk sNOw TIMBER TR. o LER DR. C� 8011M Le B� z SG�pL CIR. 5 PHYLIS CT, < U ADR. � U w P\N J z 2 VVIEWY �� VALLEY VIEW AVE. ReDP 3 3. /NE 1 AV. _ -- I-- -- OAR. 1. a 2. HIGHWOOD Cn Cn cn AVE. 1 7 1 7 � o w L/q /E n o Q o z = MAMIE AVE Q Q71 AVE. cn O W O Y ¢ MP�P. NEMITZ 4g4 o° AVE. < � NEMITZ ST. ER )RI CIF �LN no scale Dahl Avenue, Street and Utility Improvements for Woodhill Development C.P. 05 -10 Location Map AGENDA K -8 MEMORANDUM DATE: 9/20/5 TO: Mr. Richard Fursman, City Manager Ms. Karen Guilfoile, City Clerk FROM: Patrick Kelly and Lerah McCullough RE: Council Vacancy I. M.S.A. 412.02, Subdivision 2(a) According to Minnesota Statute Section 412.02, Subdivsion 2(a), if the City Council Member resigns on or after the first date to file affidavits of candidacy, the City has the option to appoint an eligible person for the remainder of the unexpired term or to hold a special election. The appointment is made by the City Council and a majority vote is required, excluding the resigned council member. A quorum of the Council must be present during the appointment. The person appointed must be at least eighteen years old, a U.S. citizen and a resident of the City. In the event of a tie vote by the Council, the Mayor must make the appointment. The Mayor can appoint any qualified person willing to fill the vacancy even if that individual was not the subject of the original appointment vote. Both the Minnesota Statutes and the City Code do not have prescribed procedures in filling vacancies on the City Council via appointment. If the City holds a special election, the City Council must still appoint an eligible person to fill the vacancy until his or her replacement is elected at the special election. The Council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Minnesota Statute authorizes a city to hold a special election in conjunction with the next regular city election or at any other time as long as an ordinance is passed. However, the ability of a city to hold a special election before or on the same day as the next regular city election is allowed only if the vacancy arises before the first day to file an affidavit of candidacy. In the present situation, this did not happen. As a result, Maplewood cannot hold a special election on November 8, 2005 or anytime between now and November 8, 2005 because Junek- Monahan resigned well past the first day to file affidavits of candidacy. II. Recommendation It is our recommendation that the City appoint an eligible person to immediately fill the vacancy and delay the possibility of holding a special election until after the new Council takes office in January. At that time, the new Council can set the direction with respect to filling the vacancy. Initially, this course of action will allow the public a reasonable period of time to become familiar with its newly elected officials without being overwhelmed with new information regarding candidates and possibly a special election. In addition, it will allow the new Council to analyze and make an informed decision regarding the vacancy issue. Finally, it will accomplish the purpose of maintaining continuity in public projects. We have been conferring with Joseph Nansky, Ramsey County Elections Manager as well as the League of Minnesota Cities Research Attorneys to verify the above course of action. See Addendum, Special Election Requirements: Addendum Special Election requirements involve a time element of approximately 3 months. Pursuant to Minnesota Statute 412.02, Subdivision 2 (a), the City must pass a resolution declaring a vacancy, appoint an eligible person in interim and pass an ordinance outlining the circumstances it will hold a special election. The ordinance necessary to hold a special election will also need to follow general election law requirements, namely notice requirements. The filing period must be open for two consecutive weeks and must not be set for more than 70 days or less than 56 days from the Special Election. Two weeks prior to the first date for filing affidavits, the City must publish in its official newspaper a notice of the first and last dates for the filing period. Additionally, there are other notice requirements set out under general election laws which need to be met in order to hold a Special Election. As reminders, at least 53 days from the date of the date set for the Special Election, the county auditor must be notified; two weeks prior to the Special Election, the City must publish notice of the Special Elections; and one week prior, the City needs to publish a sample ballot. Council Member resigns. To be effective, the following § 351.01 subd. 1, 2 requirements must be met: - Resignation must be in writing; - Made to Mayor or Council - Received by Mayor or Council - Council passes resolution to declare vacancy - Appointment of Interim § 412.02 subd. 2a - Introduce/Pass Ordinance (Filling Vacancies in Elective Offices) - Publish ordinance in newspaper § 412.191 subd. 4 2 weeks prior to - Publish notice for filing period for special election § 205.13 subd. 2 filing start date 2 weeks filing First day for filing affidavits of candidacy § 205.13 subd. la period 56 days prior to Last day for filing affidavits of candidacy § 205.13 subd. la special election 53 days prior to Last day to notify county auditor of special election § 205.16 subd. 4 special election 2 weeks prior to Publish notice of special election § 205.16 subd. 1 special election 1 week prior to Publish Sample Ballot § 205.16 subd. 1 special election SPECIAL ELECTION