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Home My WebLink About1996 05-20 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 20, 1996 Council Chambers, Municipal Building Meeting No. 96 -10 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Council /Manager Workshop of May 6, 1996 2. Minutes of Executive Session, 6:00 P.M. May 13, 1996 3. Minutes of Special Meeting 96 -09S, (May 13, 1996) 4. Minutes of Meeting 96 -09, (May 13, 1996) E. APPROVAL OF AGENDA EA. PRESENTATIONS 1. 1996 Legislative Session Wrap -up (Sen. John Marty and Rep. Mindy Greiling will be present) 2. Parks & Recreation Commission Appointment F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Conditional Use Permit Review - Amusement City, 1870 Rice Street 3. Authorize Agreement for Computer and Telephone Maintenance Services G. PUBLIC HEARINGS 1. 7:15 P.M.: Truth -in- Housing Code Change (First Reading) (3 Votes) H. AWARD OF BIDS 1. Bellaire Avenue, Beam to Lydia, Project 95 -18 I. UNFINISHED BUSINESS 1. Consideration of Appeals: TH61 Water Main, Project 95 -17 2. Conditional Use Permit Review - Menards (2280 Maplewood Drive) 3. Century Avenue North of Highwood, Sanitary Sewer, Project 95 -11 Schedule Public Hearing 4. Personal Services Ordinance (Amendments) Second Reading 5. Open Space Report - Regnier Property J. NEW BUSINESS 1. Century Avenue North of Highwood Sanitary Sewer, Project.95 -11, Assessment Policy Discussion 2. Discussion on Future Administrative Hearings K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. Organized Collection Progress Report 3. N. ADJOURNMENT k f a COUNCIL /MANAGER WORKSHOP OF THE CITY OF MAPLEWOOD 5:00 p.m. Monday, May 6, 1996 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The meeting was called to order by Mayor Bastian at 5:02 p.m. B. ROLL CALL Mayor Gary Bastian Present Councilmember Sherry Allenspach Present Councilmember Dale Carlson Present Councilmember Marvin Koppen Present Councilmember George Rossbach Present Others Present (during some or all of the meeting): City Manger Michael McGuire Assistant City Manager Craig Dawson Finance Director Dan Faust Fire Chief Joel Hewitt Public Safety Director Ken Collins Park and Recreation Director Bruce Anderson Public Works Director Ken Haider Community Development Director Melinda Coleman Human Resource Director Sherrie Le C. APPROVAL OF AGENDA Mayor Bastian requested that the following item be added: (J3) Mayor's Mayor Bastian moved approval of the agenda as amended. The motion was seconded by Councilmember Carlson and approved. Ayes: All May 6, 1996 Council/Manager Workshop Page Two D. OPEN SPACE 1. Regnier /GJR Development Property (east of Arcade St., north of Keller Pkwy.): City Manager McGuire introduced the item and Assistant_ City Manager Dawson briefed the Council about the latest price proposed by the Regniers. Council expressed concerns about the status of the driveway easement, the developability of the property north of this easement, possible obligations to the landlocked parcel east of this property, and whether Ramsey County would allow access to its open space adjacent to the Regnier property. Council directed staff to pursue the potential purchase of this property, with further direction following Council discussion of the information on these questions at the May 20 Council meeting. 2. Other: Council received a memorandum on the arbitrage status of the open space bonds. The City has met the requirement that 85 percent of net bond proceeds be spent within three years of issuance. E, EMPLOYEE SUGGESTION & AWARD PROGRAM City Manager McGuire introduced the topic and Community Development Director Coleman and Human Resource Director Le discussed its specifics. Council was supportive of the program as proposed. Initial funding could come from the charitable gambling tax fund rather than the general fund. The program and funding were to be placed on the agenda of a future City-Council meeting. F. CAPITAL IMPROVEMENT PROGRAM OVERVIEW City Manager McGuire noted that the proposed 1997 -2001 Capital Improvement Program (CIP) would result in additional tax levies of $370,000 to $430,000 during these five years. In 1997, CIP expenditures would increase the City's portion of the property tax four percent. Most of the increase is in fire service needs. Two referenda were shown: $1.3 million for fire service improvements in 1997, and $3.0. million for. park improvements in 1999. All of the new debt due to the proposed CIP would be within Moody's median debt ratios. r Council discussed parks, sealcoating and road rehabilitation, large trucks, fire equipment, and ambulances. Fire Chief Hewitt provided an update on alternatives for an existing 84 -foot ladder truck. Councilmember Rossbach noted the DNR may be willing to fund and erect informationalihistorical kiosks along the Gateway and Munger trails. May 6, 1996 Council/Manager Workshop Page Three G. FIRE DEPARTMENT City Manager McGuire updated the Council on discussions at the May 1 meeting of the Fire Committee. The firefighters had two requests: (1) joint meeting with all or some of the City Council to resolve eleven issues and whatever others that may be identified; and (2) increases in the City's contribution to the Maplewood Fire Relief Association. Council discussion at the Workshop focused on the pension improvements. The City had proposed a contribution of $1,90p per firefighter per year. The firefighters had a requested a City contribution of $2,460 per firefighter per year to either a defined benefit or a. defined contribution plan. There was confusion about what contributions would yield different benefit amounts. Council then discussed a timeline needed for a smooth transition to a Maplewood Fire Department, and timelines for what may be necessary should the City and the three fire companies not come to an agreement on consolidation. Mayor Bastian moved that a special meetini be set for 6 :00 p.m Monday_, May, 13,,., in Conference Room A The meetin would be closed as ,the Council would discuss contract neotiations , for fire services The motion was seconded by Councilmember Carlson and approved. Ayes: All H. MAPLEWOOD' S 40th ANNIVERSARY PLANNING City Manager McGuire introduced the topic and Assistant City Manager Dawson highlighted the alternatives presented in the staff memorandum: Council consensus was to have 40th anniversary activities tied in with traditional community events and celebrations. Staff should coordinate a loose committee of community organizations and City commissions. Council directed staff to prepare a budget and a more refined concept plan for consideration at an upcoming Council meeting. I. UPDATE ON REORGANIZATION City Manager McGuire reviewed the revised job description for the City Clerk and discussed his plans to reorganize responsibilities by shifting several functions out of the City Clerk's Office. He stated that he was planning on posting and advertising for the position next week and inquired if there were any additional comments from councilmembers. 1� May 6, 1996 Council/Manager Workshop Page .Four I OTHER BUSINESS 1. Ramsey County Fair: City Manager McGuire noted the Fair was making a booth available for use by the City during the 40 hours the Fair is open July 17 -2 L Counclmembers wished to have a booth, and volunteered to staff it for a shift apiece (Mayor Bastian noted he will be out of town). 2. Employee Picnic: City Manager McGuire related the Employee Picnic will beheld on Wednesday, August 21. Councilmembers volunteered to cook the meats to be served. The City will host Maplewood's Night Out on Tuesday, August 6. It will combine National Night Out Against Crime, a City /Community Center open house, and a Taste of g g Maplewood featuring food booths of local restaurants along the trail between City Hall p g and the Community Center. Council indicated it. would waive fees for temporary food licenses for this event. contingency A contin plan will be developed for the Taste of Maplewood Yp if the restaurants are not interested in hosting booths. 3. Mayor's Update: Mayor Bastian shared letters with the Council regarding: ISD 622 acknowledging the City's request to form a committee to name the school replacing North High School; weekend tee times reserved for "club members at the public Keller Golf Course; and LMC Bulletin announcement of a community - oriented policing seminar; and the AMM annual meeting on May 23. Mayor Bastian also noted that interviews were scheduled with two candidates to be selected for one seat on the Park and Recreation Commi The will be held at 5 :00 and 5:15 p.m. on Thursday, May 9. K. FUTURE TOPICS The list of future topics was noted. L. ADJOURNMENT At 7:10 � Y p .m. Mayor Bastian moved that the Worksh4V be adiourned The motion was seconded by Councilmember Carlson and approved. Ayes: All f 1 ►l City of Maplewood Ramsey County, Minnesota CITY COUNCIL EXECUTIVE SESSION May 13,1996 MINUTES L CALL TO ORDER Mayor Bastian called the meeting to order at 6:00 p.m. in Conference Room A in City Hall, 1830 East County Road B. The meeting was declared to be an executive session (closed from the public) as the Council would be considering issues regarding negotiations for fire service contracts. II. ROLL CALL The roll was called as follows: Mayor Gary Bastian Present Councilmember Sherry Allenspach Present Councilmember Dale Carlson Present Councilmember Mary Koppen Present Councilmember George Rossbach Present Also present were: City Manager Michael McGuire Assistant City Manager Craig Dawson City Attorney Patrick Kelly Director of Public Safety Ken Collins (arrived at 6:04 p.m.) Fire Chief Joel Hewitt III. ADJOURNMENT At 6:21 p.m., Mayor Bastian moved that the executive session be adjourned Councilmember Carlson seconded the motion and it was approved. Ayes: All MINUTES'OF MAPLEWOOD CITY COUNCIL 6:30 P.M., Monday, May 13, 1996 Maplewood Room, Municipal Building Special Meeting No. 96 -09S A. CALL TO ORDER A special. meeting of the City Council of Maplewood, Minnesota was held in the Maplewood R Building, and was called to order at 6:30 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C.. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen Councilmember Present George F. Rossbach, Councilmember Present D. -NEW BUSINESS 1._ ANNUAL FINANCIAL REPORT AND AUDITOR'S REPORT FOR 1995 a_. Manager McGuire presented the staff report and introduced Steve Laible of KPMG Peat Marwick. b. Mr. Laible presented the results of the 1995 Audit, including recommended improvements for the City Clerk's Department, Community Center Theater and Public Works Garage Inventory. He further stated that, except for one instance which has now been corrected, to the best of their knowledge, the City is in full compliance with the material terms and conditions of applicable legal provisions. c. Mr. Laible responded to questions from the Council regarding the recommendations. d. Director of Finance Faust presented information regarding the present and projected financial status of the City. E. ADJOURNMENT Mayor Bastian moved to. adjourn the ,meeting. Seconded by Councilmember Carlson Ayes - all MEETING WAS ADJOURNED AT 6:50 P.M. Lois N. Behm, Acting City Clerk 1 5 =13 -96 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 13, 1996 Council Chambers, Municipal Building Meeting No. 96 -09 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council g g Chambers, Municipal Building and was called to order at 7 :00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: G Bastian, Mayor Present herry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present 'Marvin.C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council /Staff Retreat, April 18 -19, 1996 Councilmember Carlson moved to ,approve the minutes of Council /Staff Retreat (April ,18 -19, ,1996) as presented. Seconded by Councilmember Allenspach Ayes - all 2. Minutes of Meeting 96 -08, (April 22, 1996) Councilmember AlIenspach moved to approve the minutes of - Meeting No. 96 -.08 (April 22, 1996) as presented. Mayor Basti an moved to add . a nota, ti on to the nutes i ndi cati ng that his absence from the May 13 meeting was due to his participation in the selection Drocess for a S District 623 SuDerintendent. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Aldrich Arena L2 Mayor's Update Seconded by Ayes - all 5 -13 -96 1 EA. APPOINTMENTS /PRESENTATIONS NONE F. CONSENT AGENDA: Councilmember Koppen moved, seconded by Councilmmeber Carlson: ayes - all, to approve the Consent Agenda, Items F1 - F13, as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 352,782.53 $ 779354.62 $ 160 $ 105,098 76 $ 136 $ 4312974.96 $1 PAYROLL: $ 263 $ 48,271.90 $ 271 692.37 $ 48 $ 5,490.81 $ 637,807.48 $19902,43430 20 HRA Appointments Checks #6285 - #6302 Dated 4 -11 -96 thru 4 -17 -96 Checks #25180 - #25276 Dated 4 -23 -96 Checks #6306 - #632.1 Dated 4 -96 thru 4 -24 -96 Checks #25283 #25429 Dated 4 -30 -96 Checks #6322 - #6345 Dated 4 -25 -96 thru 5- 1 -96 Checks #25433 - #25.540 Dated 5- 7 -96 Total Accounts' Payabl e Payroll Checks Dated 4 -19 -96 Payroll Deduction Checks #51790 #51802 Dated 4 -19 -96 Payroll Checks Dated 5- 3 -96 Payroll Deduction Checks #5.2021 - #52034 Dated 5 -3 -96 Payroll Checks Dated 5 -4 -96 Total Payroll GRAND TOTAL Reappointed.Lorraine Fischer and Tom Connelly to five -year terms on the HRA. Ms. Fischer's term will end in March 2000 and Mr. Connelly's term will end in March 2001. 3. Wetland Protection Ordinance (Second Reading) Adopted the following Ordinance: ORDINANCE NO. 753 AN ORDINANCE ABOUT WETLAND AND STREAM PROTECTION THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE MAPLEWOOD CODE OF ORDINANCES: SECTION 1. This section changes the organization of Section 9 -193 by renumbering and relettering as follows: 5 -13 -96 2 1 Delete the first sentence and subheading as follows: 1 � „ T%A � cirer � l �1- .�rrl � r+rl e• 20 Reletter and renumber Subsections a. -e. according to the system used in the Code. 30 Change Subsection "(2) Slopes" as follows and rel etter and renumber Subsections a. - i f. according to the system used n the Code: Sec. 9 -194. Slopes. Q), 13 31 er n e SP 0 4. Change Subsection "(3) Erosion control and soils" as follows and reletter and renumber Subsections a. -e. according to the system used in the Code: Sec. 9 -195 Erosion control and soils. ' . 5. Change Subsection "(5) Trees" as foll and reletter and renumber Subsecti a. -f. according to the system used i_n the Code: Sec. 9 -197. Trees. 15) T SThis section replaces Subsection 9- 193(4) with the following: Sec. 9 -196. Wetlands and streams. (a) Findi and purposes (1) Wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and.erosion, provide food and habitat for wildlife, provide open space and are an integral part of the City's environment Wetlands are an important physical, educational, ecological, aesthetic, recreational and economic asset to the City. They are critical to the City's health, safety, and general welfare. Surrounding development may degrade, pollute, accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. (2) Streams are also significant elements,of the City's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral. part of the City' s environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational and economic asset. Surrounding development may degrade, pollute or damage streams, and in turn, degrade other surface waters downstream. Requiring buffers recognizes that the surrounding uplands relate to the woodland and stream quality and function and, therefore, are in. the public interest. (3) Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions many wetlands perform. Buffers reduce the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion by stormwater; filtering suspended solids, nutrients and harmful substances; and moderating water level fluctuations during storms. Buffers also provide essential wildlife habitat. Finally, buffers reduce the adverse impacts of human activities on wetlands and streams. Requiring wetland buffers recognizes that the surrounding uplands relate to the wetland and stream's quality and function and, therefore, are in the public interest. 5 -13 -96 3 (4) The purposes of this ordinance are as follows: d a. To preserve the beneficial functions of wetlands and streams by regulating the surrounding land use. b. To stabilize the soil around wetlands to prevent storm water erosion. c. To filter suspended solids, nutrients and harmful substances from reaching wetlands, streams and public waters. d. To reduce human disturbances of wetlands and streams by visually separating wetlands from yards. e. To P revent flooding and the costs of reclaiming water quality. f. To protect beneficial plant and wildlife habitat. 9 p To educate the ublic, including appraisers, owners, potential buyers or developers, to the development limitations of wetlands, streams and associated buffers. (b) Definitions. The following words shall have the following meanings: Alteration Any human action that adversely affects a buffer. Alterations include, but are not limited to the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance, discharging pollutants except stormwater, paving, construction, application of gravel or any other human activity that adversely effects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: 1. Walking, passive recreation, fishing or other similar activities 2. Planting that enhances native vegetation 3. The selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or hazards Average buffer width: The average width of a buffer within a single development, lot or phase. Buffer: A stream or wetland buffer or protective zone. Clearing: The cutting or removal of vegetation.. Enhancement: An action that increases the functions and values of a wetland, stream or wetland buffer. Mitigation: An action that reduces, rectifies, eliminates or compensates for the alteration of a buffer, wetland or stream. .Native vegetation: Tree, shrub, grass or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Ordinary high water mark (OHWM): A mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. 5 -13 -96 4 Restoration: Returning a wetland, stream or buffer to a condition that is similar to that before development of the surrounding area. Stream: Those areas where surface waters produce a defined channel or bed. .A .defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. This definition shall not include drainage swales or ditches that channel intermittent stormwater runoff. Stream buffer: Land that is in direct drainage to a stream and within the boundary described by this ordinance. A person shall measure all buffers from the ordinary high water mark (OHWM) as identified in the field. If a person cannot determine the OHWM, the stream buffer shall be from the top of the stream bank. Variance: A deviation from the standards of this chapter that are not specifically allowed. Vegetation: Any organic plant life growing at, below or above the soil surface. Wetland buffer: Land that is in direct drainage to a wetland within the boundary described by this ordinance. All buffers shall be measured outward from the wetland edge. Wetland classes: The City defines the wetland classes used in this section as follows: (1) Class 1 wetlands: Wetlands assigned the Unique /Outstanding rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 1 wetlands are those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance and similar characteristics. (2) Class 2 wetlands: high value (definition based on Watershed wetlands inventory results) (3) Class 3 wetlands: wildlife habitat value (4). Class 4 wetlands: moderate value impacts (5) Class 5 wetlands: wetlands assigned the highly impacted rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 5 wetlands are those with conditions and functions most affected by human activities, with the least diverse vegetation communities, least community resource significance and similar characteristics. For the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States., FWS /oBS -79/31 (Cowardin et al, 1979) contains the descriptions and photographs of wetland classes and subclasses. Wetland easement: A designated area that includes the wetland or buffer where disturbance from mowing, cutting or similar activities is excluded. Wetland edge.: The line delineating the outer edge of a wetland. One shall establish this line by using the Federal .Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. The applicable watershed board must verify this line. 5 -13 -96 5 Wetland functions: The natural processes performed by wetlands such as helping food chain production, providing wildlife habitat, maintaining the avail abi1it and qual ity of water such as.purifying water, acting as a recharge and discharge areas for groundwater aquifers and moderating surface water and storm water flows and P erformi ng other functions including, but not , limited to those set out in U.S. Army Corps of Engineers regulations at 33 C..F.R. Section 320.4(b)(2)(1988). Wetlands: Those areas of the Cit Y inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, prevalence of vegetation typically PP a P adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (Army Corps of Engineers Regulation 33 CFR 328.3 ) C1988). Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil, and other documentation of the previous existence of wetland vegetation such as aerial photographs. (c) Applicability. (1) This section shall apply to any person or use that would alter a wetland, stream or wetland buffer after April 24, 1995 (date. of ordinance). (2) When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands or streams shall apply unless specifically provided otherwise in this section. (3) Public and semipublic streets, utilities or trails, whether built by a public agency or private developer, shall be subject to this section. (d) General exemptions. (1) This section shall not apply to the following: a. Structures, vegetation and maintenance activities and practices in existence on the date this ordinance becomes effective. A contractor or owner may remodel, reconstruct or replace affected structures if the new construction does not take up more buffer land than the structure used.before the remodeling, reconstruction or replacement. b. The construction or maintenance of public drainage facilities, sedimentation ponds or erosion control facilities. c. The maintenance of public or semipublic facilities including streets, utilities and trails. d. Where the City Council waives these requirements for the construction of public and semipublic utilities or trails, whether built by a public agency or private developer. The City Council may waive the requirements where there would be a greater public need for the project than to meet the requirement of this section. In waiving these requirements, the City Council shall follow the standards in Section 9- 196(e). The City Council shall hold a public hearing before declaring 5 -13 -96 6 such a waiver. The City shall notify the property owners within 350 feet of the buffer at least ten days before the hearing. e. Where this ordinance would deny all reasonable use of a .y lot of record. In such case, the owner or contractor shall. construct any building to maximize the setback from a buffer. Federal, State or Watershed District rules and regulations shall apply. Alterations to a buffer shall be the minimum necessary to allow for the reasonable use of the. property. Where feasible, the City may require the mitigation of any alteration of a buffer. f. Where the watershed district has approved a wetland filling permit. The City shall require mitigation for any disturbed buffer land. (e) Standards for utility and trail exemptions. (1) The City may only allow the construction of utilities through .buffers where there is no other practical alternative and the following requirements are met: a. Utility corridors shall not be allowed when a buffer is used by species listed as endangered or threatened by the federal or state government. b. Utility corridors, including any allowed maintenance roads, shat l be as far from the wetl and or stream as possible. c. Utility corridor construction and, maintenance shall protect the wetl and, stream or buffer and avoid large trees as much as possible. The City shall not allow the use of pesticides, herbicides or other hazardous or toxic substances in buffers, streams or wetlands. d. The owner or contractor shall replant utility corridors with appropriate. native. vegetation, except trees,, at preconstruction densities or greater after construction ends. e. Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than fifteen feet wide. (2) The City may allow public or private trails in buffers, subject to the following guidelines: a. The trail shall not be of impervious materials. (An elevated boardwalk shall not be considered an impervious surface.) b. Buffers shall be expanded, where possible, equal to the width of the trail corridor. c. The owner or contractor shall replant all disturbed areas next to the trail after completing the trail. 5 -13 -96 7 (f) Variances (1) The City Council may approve variances to the requirements in this section. Before the City Council acts on a variance, the Planning Commission shall make a recommendation to the City Council.. The City Council shall hold a public hearing before approving a variance. The City staff shall notify the property owners within 350 feet of the buffer at least ten days before the hearing. The City may require the applicant to mitigate any buffer alteration. (2) To approve a variance, the Council must make the following findings: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official. controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of the ordinance. Cgs Wetland or stream easement required. The property owner of any property affected by this ordinance shall record wetland or stream easements with Ramsey County. The easements shall cover any wetlands, streams or wetland buffers. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer, stream or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the City issues a building permit for an effected property. The applicant shall submit proof that the owner or developer has filed the notice. (h) Buffer standards. (1) An affected property owner shall maintain a buffer. Any planting in a buffer shall be from native vegetation. (2) The City prohibits the alteration of buffers. The City may waive this requirement where the watershed district has approved a permit for filling all or part of a wetland. 5 -13 -96 8 (3) The following are the minimum required buffer widths and building foundation setbacks: Wetland Classes Class 1 Class 2 Class 3 Class 4 Class 5 & Streams Average buffer width 100 ft. 100 ft . 50 ft. 25 ft . 0 ft. Minimum buffer width 100 ft. 50 ft. 25 ft. 20 ft. 0 ft. Building foundation 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.* setback from outer edge of buffer ee the definitions . of uffer, wetland buffer and stream buffer. *Setback measured from a wetland or stream boundary. (4) The minimum buffer widths shall apply to all wetlands, including those created., restored, relocated, replaced or enhanced. (5) The City may require a variable buffer width to protect adjacent habitat that the City determines is valuable to the wetland, stream, wildlife or vegetation. (i) Fencing and signs. (1) Before grading or construction, the owner or contractor shall p lace snow fencing and erosion control fencing around the borders of buffers. Such fencing must remain in place until the owner and contractors have finished all development activities that may affect the buffer. (2) Before starting construction, the boundary between a buffer and adjacent land shall be identified using permanent signs. These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling or dumping beyond this point. (3) When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the Watershed District. (j) Mitigation and restoration of buffers. The City requires mitigation when a property owner or contractor has, or will alter a buffer. The property owner or contractor shall submit a mitigation plan to the City staff for their approval. In reviewing the plan, the City may require the following actions in descending order of preference: (1) Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. (2) Rectifying the impact by repairing, rehabilitating or restoring the woodland buffer. (3) Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. (4) Compensating for the impact by replacing, enhancing or providing substitute buffer land at up to a one to one ratio. 5 -13 -96 9 (5) Monitoring the impact and taking appropriate corrective measures. f - Where the City requires restoration or replacement, the owner or contractor shall replant the buffer with native vegetation at a similar density to the amount before alteration. Section 3. This ordinance shall take effect after the City,Council approves it and the official newspaper publishes it. 4. R -1 Code Change - Prohibited Uses (Second Reading) Adopted the following Ordinance: ORDINANCE NO. 754 AN ORDINANCE AMENDING THE ZONING CODE ABOUT PROHIBITED USES IN SINGLE DWELLING (R -1) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 36 -66, Paragraph (C)(1) is amended as follows: (c) Prohibited uses. The following uses are prohibited: (1) The raising, keeping or handling of livestock or poultry. The raising, keeping or handling of other animals causing a nuisance except for licensed kennels, Section 2. This Ordinance shall take effect upon its passage and publication. 5. Arlington Hills Church Conditional Use Permit Review (759 County Road B) Reviewed and renewed for one year the Conditional Use Permit required for churches and for preschool or day care operations, allowing an expansion of the church by 8,000 square feet in two additions. 6. Oak Ridge Estates Preliminary Plat Time Extension Approved a one -year time - extension for Phases 2 -4 of the Oak Ridge Estates preliminary plat. This time extension is subject to the February 8, 1993 conditions revised as follows (I have underlined the additions -and crossed out the deletions): 1. Have the City Engineer approve the final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree and street plans. These plans shall meet the following conditions: (a) The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Plan. 5 -13 -96 10 (b) The developer shall only grade the land that the City Engineer determines is needed to construct streets, utilities, sedimentation basins, mitigation areas or rough grading of steep slopes. (c) The City Engineer must approve the final tree plan before anyone starts to grade the site. (d) Sedimentation basins.shall provide 0.10 acre -feet of storage above normal elevation for each tributary acre, based on the Maplewood Comprehensive _ Stor Water .Management Plan If slopes are steeper than 10 horizontal to 1 vertical, the developer shall fence the sedimentation basin. The developer shall plant evergreen trees around the sedimentation basin. To provide. room for storing sediment, the developer shall excavate the sedimentation basins to four feet below normal water elevation. Sedimentation basins shall be a part of outlots dedicated to the City. 20 Sign an agreement with the City that guarantees that the developer or contractor will: (a) Complete all public improvements and meet City requirements. (b) Place temporary fencing and signs at the grading line shown on the grading plan. { c) Construct the fol l owing eight-foot-wide bituminous walkways at the same time as the developer builds the adjacent streets: 1) on Sheet One of the plat: between Lots 6 and 7, 19 and 20, and 13 and 14. 2) On Sheet Two of the plat: between Lots 1 75 and 76, 54 and 55, 67 and 68 and on the pipeline between Lots 54 and 68. The developer may build a wooden observation deck at the end of the trail between Lots 19 and 20. (d) -Have NSP install the street lights shown on the preliminary plat. (e) Before constructing utilities, televise and inspect the existing trunk sanitary sewer within the plat. The developer shall make any repairs that the City Engineer requires. The City shall pay the developer to inspect and repair this sewer. (f) Allow the City access to abandon the existing sanitary sewer manhole ( #31) in the wetland in Outlot B. (g) Replace all fine alluvial soils (soils other than sand or gravel) with sand within the two feet under the bottom of the aggregate base of the street. (h) Install perforated drains in sand subcuts at each catch basin lead crossing. (i) Before the City approves a final plat, the City will decide whether to abandon and replace the 16 -inch water main from Lot 84 to the railroad. 5 -13 -96 11 Q) Construct a new stormwater outlet from the Outlot B pond through a culvert crossing the petroleum pipelines to the proposed wetland mitigation area. From the east end of the mitigation area,. build a 24- inch - diameter stormwater pipe through the park into the Outlot C wetland.. (The stormwater outlet from Outlot B is nonfunctional.) (k) Construct a storm sewer between Lots 10 and 14 and Lots 9 and 15 around the wetland to the Arlington Avenue storm sewer. (1) Install permanent signs around the edge of the wetland buffer strips. These signs shall mark the edge of the buffer strips and state that there shall be no mowing, vegetation cutting, filling or dumping of lawn waste. (m) Before the City Council approves a final plat for Phase Two, the City shall decide whether to require that the developer insert a plastic pipe in the top of both of the existing outlet pipes for Outlot C under the railroad tracks. {n) Pay the City for the cost of directional signs and no parking signs on one side of the streets. (o) Clean the junk and tires out of the wetlands. (p) The developer's engineer shall provide the City Engineer with digital copies of the final plat and as -built construction plans in .DXF format or as AutoCad Release 12 or 13 drawing files. (q) The developer shall cooperate with private utility companies to coordinate the installation of utility conduit for all future street crossings. 30 Make the following changes on plat and related plans: (a) Move the proposed sedimentation basin between Lots 111 and 113 so it fronts on a street or connect this area with a pipe to the sedimentation basin between Lots 94 and 95. (b) Show a utility easement on Lot 116. This easement should extend fifteen feet west from the water main. (c) Cul -de -sac bulbs shall have 47 -foot radius curb returns. (d) Show drainage easements around the wetlands that the developer is proposing for stormwater drainage. 40 Record covenants or deed restrictions with the final plat that do the following: (a) Prohibit the construction of a house or its attachments within 100 feet of the Williams Brothers pipeline or within 20 feet of a wetland boundary. (b) Inform property owners about any pipelines or wetlands on the site and prohibit any mowing, cutting, filling or dumping, including yard waste, on the wetland or on a ten -foot buffer strip around the wetland. The Director of Community Development may reduce the buffer zone for lots with an unusual hardship. The Director shall notify the City Council of any reductions and allow them fifteen days to appeal the decision. 5 -13 -96 12 5. Deed Outlots A, B, C, D and E according to the phasing of the plat. The developer shall have the right to complete the wetland mitigation that is shown on the outlots. 6. If the City decides to by the "Future City Park" in Outlot B and has not paid the developer for the park before recording the plat, the City w i l l sign an agreement to do so. If the City decides not to buy the park, the developer shall show the park as an outlot for future platting or apply for a new preliminary plat. 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. 7 Parkview Final. Plat (Londin Lane Approved the Parkview final plat, with approval subject to the. County recording the easements, deed restrictions and covenants required by the City. 8. 1996 Dispatching Agreement -North St. Paul Approved the 1996 Dispatching Agreement between the City of North St. Paul and the City of Maplewood. 9. Bids for Used City Vehicles Accepted the following bids for the sale of used City Vehicles: Unit #1 1987 Oldsmobile x1 Unit #3 1990 Chevrolet Caprice X1 Unit #4 .1991 Chevrolet Caprice $3 Unit #5 1991 Chevrolet Caprice X3,175.00 Unit #6 1992 Chevrolet Caprice E4,189.00 Unit #7 1992 Chevrolet Caprice X4,189.00 Unit #8 1993 Chevrolet Caprice X5 10. Agreement with East County Line for Ambulance Lease Approved the agreement with East County Line Fire Department allowing the Maplewood Police Paramedic Service to lease their back -up ambulance. 11. Ambulance Bill - Application for Cancellation (Patterson) Authorized cancellation of the remaining 5190.74 balance of an ambulance bill for Mary Patterson. Medicare has paid X259.09 and Blue Cross paid X67.27. 12. Ambulance Bill - Application for Cancellation (Brehm) Authorized cancellation of the remaining $109.80 balance of an ambulance bill for Martha M. Brehm. Medicare has paid $271.79 and her supplemental insurance paid X118.91. 5 -13 -96 13 13. Ambulance Bill - Application for Cancellation (Lopshire) Authorized cancellation of the remaining $154.46 balance of an ambulance bill for Lillian Lopshire. Medicare has paid X146.51 and she has paid $36.63. G. PUBLIC HEARINGS P.M. 0:09 P.M. : Assessment Hearin - 1. 7.00 � 9 TH61 North of Beam Ave. Watermain, Project 95 -17 Mayor Bastian convened the meeting for a a. y g ublic hearing regarding the P proposed assessment roll and awarding of bids for Project 95 -17. b. Manager McGuire presented the staff report. c. Cit Y Attorney Kel explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Dietrich, RLK Associates, representing Venburg Tire, Mr. Lactorin and the Carrs - in favor of the project Steve Bloomer, 220 Wakefield Road, Wayzata, Lexus of Wayzata - stated that when he initiated the process he expected the City would provide water, but wants the City to continue with the project as agreed to. Hale Carr, 3090 Maplewood Drive North - asked that the project continue to County Road D Kei Venburg, 2372 Greenbrier Circle, Little Canada (Venburg Tire) - .supports project Gerald Mogren, 2855 Frederick, (Countryview Golf) - Has no use for City water in his operation and sees no benefit to him. He further stated that he does not object to the main being put in, but has already been assessed for the water main on Beam Avenue and was. told by Ramsey County that if his ro e it is ever developed water would have to come from Beam Avenue P P because t would not be accessible from Highway 61 side. John Dietrich, RLK Associates - stated that Mr. Mogren has properties north of the golf course which could access the new water main. Steve Bloomer, Lexus - stated he objects to the his possible recovery ( through a cash connection charge) being only about 1/2 of his actual cost er front foot - nothing was mentioned about this prior to his P agreement with the Ci f. Mayor Bastian closed the public hearing. g. Councilmember Carlson introduced the following Resolution and moved its adoption: 96- 05. -56 ADOPTION OF THE ASSESSMENT ROLL - TH 61 WATER MAIN, PROJECT 95 -17 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Trunk Highway 61 Water Main, North of Beam as described in the files of the City Clerk as Project 95 -17, and has amended such proposed assessment as it deems just, 5 -13 -96 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of , is attached hereto and made a part hereof, is hereby acepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be ayable in equal annual installments p extending over a erio of 20 years, the first of the installments to be payable on or after the first Monday in January, 1997, and shall bear interest at the rate of 7.0 percent per annum from the date of the adoption of. this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself i n the future for the portion of the cost of this improvement paid for from municipal. funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the .improvement but not made upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits. nonabutting properties which may be served by the improvement when p one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5 . , The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Bastian Ayes - Co Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach h. Councilmember Carlson introduced the following Resolution and moved its adoption: 5 -13 -96 15 96 -05 -57 AWARD OF BIDS - TH 61 WATER MAIN, PROJECT 95 -17 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the alternative bid of F.M. Frattalone Excavating and Grading Inc in the amount of $121,039.55 is the lowest responsible bid for the construction of TH 61 Water Main, City Project 95 -17, and the. Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The FinanceDirector is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded b y Mayor or Bastian Ayes - Counci 1 members Al1enspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach i. Mayor Bastian moved to consider appeals at the May 20, 1996 Council Meet nq_ Seconded by Councilmember Carlson Ayes - all 2. 7:15 P M.(7:37 P.M.): Conditional Use Permit 379 Ripley Avenue (Haessig) a. Mayor Bastian convened the meeting for a public hearing regarding a y . . request from William and Sharon Haessig for a Conditional Use Permit which would allow them to put a patio enclosure on the existing deck on the rear of the house . b Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. f Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Sharon & William Haessig, 379 Ripley, the applicants g. Mayor Bastian closed the public hearing. h Councilmember Rossbach introduced the following Resolution and moved its adoption: 96 - 05 - 58 CONDITIONAL USE PERMIT - 379 RIPLEY AVENUE WHEREAS, William and Sharon Haessig are requesting that Maplewood approve a conditional use permit to put a patio enclosure on the deck on the rear of their house at 379 Ripley Avenue. WHEREAS, this permit applies to the property at 379 Ripley Avenue. The legal description is: 5 -13 -96 16 Lot 8, Block 1, Markfort Second Addition (PIN 17- 29 -22 -32 -0039) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 1996, the Planning Commission recommended that the City Council approve this permit. 2. On May 13, 1996, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE,, BE IT RESOLVED that the Maplewood City Council approve the above - described conditional use permit based on the building and site plans. The City approves this permit because 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that, would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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 plans dated March 11, 1996 as approved by the City. The Director of Community Development may approve minor changes. 5 -13 -96 17 2. The proposed patio enclosure construction must be started within one year after Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The Cit Council shall review this perm-it only if a problem Y develops. Seconded by Councilmember Allenspach Ayes - all 30 7:.30 P.M. (7:52 P.M.): Conditional Use Permit - Highway 61 (Backyard Building Systems) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Larry Kidd of Backyard Building Systems, Inc. for a Conditional Use Permit revision whi -ch would allow him to move his Y back and shed sales business to the lot north of the recently approved Lexus automobile dealership. b. Manager McGuire presented the staff.report. C. Director of Community Development Coleman presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Jim Dunfee , representing Backyard Building Systems e. Mayor Bastian closed the public hearing. f. Councilmember Rossbach introduced the following Resolution and moved its adoption 96 -05 -59 a CONDITIONAL USE PERMIT - EAST SIDE OF HIGHWAY 61 WHEREAS, Larry Kidd applied for a conditional use permit to install a backyard shed display and sales business on a lot along the . east side of Y Highway 61. WHEREAS, this permit applies to the following described property: Tract C. Registered Land Survey Number 525 WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 1996, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on May 13, 1996. 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 5 -13 -96 18 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 - Aescribed 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 P roperty, 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 9 enerate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date - stamped March 29, 1996 as approved by the City. The Director of Community Development may approve minor changes. The parking lot may be expanded to fifty parking spaces with the Community Design Review Board's approval. 2. The City Council shall review this permit in one year. 3. 1f there is not enough parking, the operator or property owner shall provide more spaces. The City staff must approve a plan before paving begins. 4. The operator shall not allow parking on Highway 61 or outside of the parking lot. 5. The operator shall keep the weeds and tall grass cut along the front property line. Seconded by Councilmember Koppen Ayes - all 5 -13 -96 19 f. Counci 1 member Rossbach moved to approve the site plan date - stamped March 19, 1,996 for a used:.,._. car sal es l of and backyard shed sal es bus i ness on the east side of Highway 61, south of Count Road D. The Director of Community Development _ _ may approve minor changes. Seconded by Councilmember Koppen Ayes H... AWARD OF BIDS NONE I.. UNFINISHED BUSINESS 1. Historical Advisory Commission /Historical Society Ordinance - Second Reading a. Manager McGuire presented the staff report. b City Attorney Kelly presented the history and details of the proposed ordinance creating the History Commission. c. Councilmember Carlson introduced the following ordinance for second reading and moved its adoption: ORDINANCE NO. 755 ORDINANCE FOR MAPLEWOOD HISTORICAL ADVISORY COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN: Article IV, Secs. 2 -87 to 2 -99 is hereby added to read as follows: DIVISION 4. HISTORICAL COMMISSION Sec. 2 -87 Established There is hereby established for the City a Historical Commission as an independent board to the City Council, as provided in Minnesota statutes Annotated Sections 471.93 and 138.51. Sec. 2 -88. Statement of public policy and purpose. It is hereby declared by the City Council that i t i s the public policy of the City to engage in a comprehensive program of. historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this Area. The purpose of this division creating the Historical Commission is to secure for all citizens the opportunity to preserve and disseminate knowledge of the area's history. Sec. 2 -89. Advisory body: All actions of the Historical Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. 5 -13 -96 20 Sec. 2 -90. Composition; Appointment; Qualifications; Terms (a) The Historical Commission shall be composed of 7 members appointed by the City Council, who shall be resi dents. of the City, and shall be selected to assure that the Commission is representative of the. various areas of the City and responsive to the needs of the people. The unexpired portion of the year in which the appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment P . terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years,, and a member may only be reappointed for one additional term. The first board appointed by the Council shall serve as follows: three members for three years and four members for two -year terms. After the two -year terms expire, all appointments shall be three -year appointments. Sec. .2-91. Officers Generally. The chairperson and vice-chairperson of the Historical Commission shall be P P elected by the Historical Commission at the first meeting in January of each year from among the members of the Historical Commission. The chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. Sec. 2 -92. Vacancies. (a) Any of the following may cause the office of a Historical Commissioner to become vacated: (1) Death or removal from the City; (2) Disability or failure to serve, as shown by failure to attend four (4) meetings in any year, may be cause for removal by the Council majority, unless good cause can be shown to the Council. (3) Resignation in writing. (4) Taking of public office in the City. Sec. 2 -93. Officers, Meetings, Rules of Procedure; Public Attendance; etc. (a) The Historical Commission shall establish meeting times and adopt its own Rules of Procedure to be reviewed and approved by the City Council. (b) All meetings of this Commission shall be open to the public and shall be housed in such manner as to permit public attendance. Sec. 94. Powers. The powers of the Historical Commission shall be as follows: (1) Recommend districts, sites, buildings, structures,' and objects that are of historical, archeological, engineering or cultural significance. (2) Accept donations funds and property on behalf of the City. (3) Assist in the establishment of a non- profit Maplewood Area Historical Society. No power shall be exercised by the Commission which is contrary to a State law or denied by the City by its charter or law. The powers of the Commission shall be exercised only in a manner prescribed by ordinance and no action of a Commission shall contravene any provision of the City's zoning or planning ordinance unless expressly authorized by an ordinance. 5 -13 -96 21 Sec. 2 -95. Duties and Responsibilities. The duties of the Historical Commission shall be as follows: ,r (1) To discover and collect any and all material which may establish or illustrate the history of the City. (2) The Commission may publish any and all materials which may bear upon this history. (3) To provide for the guidelines for any and all material necessary to fulfill its purpose. Sec. 2-96. Compensation, expenses All members of the Historical Commission shall serve without compensation. Sec. 2 -97. Staff - Director of Commission responsible for correspondence, docket, minutes records, files, etc. Subject to the direction of the Historical Commission and its chairperson, the Y Cit Mana 9 9 er's designated person shall conduct all correspondence of the Commission, . send out all notices required, attend all meetings and hearings of the Commission, keep the docket and minutes of the Commission's proceedings, compile all required records, and maintain the necessary files and indexes of the Commission. Sec. 2 -98. City Attorney and Other City Employees. (a) The services of the City Attorney shall be available to the Historical Commission. Seca 2 -99. Sunset Cad The Historical Commission shall sunset December 31, 2000. Seconded by Councilmember Koppen Ayes - all J NEW BUSINESS 1. Stop Sign Requests a. Manager McGuire presented the staff report. - b . Director of Public Works Haider presented the spec.i fi cs of the report. c.. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Bill Daley, 907 Lakewood Court so In favor of stop signs Read letter from Diane & Rick Sherwood, 885 Schaller Drive - In favor Scott Samuelson, 2420 Hiilwood Drive - In favor, also suggested "Curve" and or "Children at Play" signs. Brian Fitzgerald, 870 Lakewood Drive - In favor Debbie Daley, 907 Lakewood Court - In favor d Councilmember Rossbach moved to approve the requests for stop signs at Hillwood Drive and Marnie Street and at Schaller Drive and Lakewood Court. Seconded by Mayor Bastian Ayes - all 5 -13 -96 22 .i 2 . Bi tuini noun Overlay Project a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The. fol 1 o.wi ng was heard: Frank Hoffineister, 358 Belmont Lane East - commented on the deter of his street, requested sealcoating and suggested the City should be doing regular preventive maintenance d. Councilmember Rossbach moved to authorize staff to advertise and receive bids for Pro.iect 9 . 6-10 Bitumi Overl and quot for 1996 sea l. rrr.�rr ��rnrr�i�� coat rr ro 'ect and to d staff research the situation on Belmont �.� _- �.��r A�. ��Irrr. r�rYlrl and rep_ort bac�k_to Council. Seconded by Councilmember Koppen Ayes - all 3. Road Rejurisdiction Resolutions .a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Carlson introduced the following, Resolution and moved its adoption: 96 - 05 - 60 ROAD RE- JURISDICTION RESOLUTION - CSAH 19 BE IT RESOLVED BY THE COUNCIL OF THE CITY of MAPLEWOOD that they agree with the actions of Ramsey County concerning CSAH 19. 1. Revoking the county state aid highway designation from the nonexisting portion of CSAH 19 from County Road D to Beam Avenue. 2. Concu with the designation of CSAH 19 from existing CSAH 19 on County Road D to Trunk Highway 61. Seconded by Councilmember Koppen Ayes - all d. Councilmember Carlson introduced the following Resol and moved its a doption: 96 - 05 - 61 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated municipal state aid street under the provisions of Minnesota law. 5 -13 -96 23 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that the road described as follows, to -wit: Linwood Avenue from McKnight Road (CSAH 68) to Century Avenue (CSAH 72) be and hereby s established, located, and designated a municipal state aid y . street of said City, subject to the approval of the Commission of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that. the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration , and that u on approval of the designation of said road or portion thereof, that same a constructed, improved, and maintained as a municipal state aid street of the City of Maplewood, to be numbered and.known as municipal state aid street Seconded by Councilmember Koppen Ayes - all 4. Century North of Highwood, Sanitary Sewer, Project 95 -11 - Schedule Public Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. ce Mayor Bastian moved to table this item to May 20 and direct to investigate further options. Seconded by Councilmember Carlson Ayes - all 5. Conmun i ty Center Staffing a. P Manager McGuire resented stated the Director of Parks & Recreation 9 requested this item be tabled to a future date. b. Mayor. Bastian moved to table the Community Center Staffing item to a future date. Seconded by Councilmember Koppen Ayes - all 6. Massage Ordinance - First Reading a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report and discussed amendments which should be made to the proposed ordinance. c. Councilmember Carlson moved to approve first reading of the Personal services Therapeutic Massage Ordinance. Seconded by Councilmember Koppen Ayes - all 5 -13 -96 24 4� 7. Local Performance Aid for 1997 a Manager McGui presented the staff report. b. Director of Fi nance Faust presented the specifics of the report. C. Councilmember Carlson moved to approve. - develop nt of performance measures, and authori ze the Mayor and..a City Council Member. to .sign the certificati form for Local Performance Aid payable in 1997. Seconded by K en Ko en Ayes Councilmembers Allenspach, Carlson, Koppen Nays -Mayor Bastian, Councilmember Rossbach 8. Hideaway Night Club - Hearing for Admi nistrative Review of Liquor License a. Manager McGuire presented the staff report. b. City Attorney Kelly explained the procedures for an administrative review. c. Director of Public Safety Collins presented the specifics of the report. c Mayor Bastian asked if anyone wished to speak before the Council regarding.this matter. The following was heard: John Finley, representing The Hideaway and the Tulgren's d. Councilmember Carlson moved to table this item until such time as the court case is resolved. Seconded by Councilmember Rossbach Ayes - all 9. fantasia Hearing for Administrative Review of Liquor License a. Manager McGuire presented the staff report. b. City Attorney Kelly explained the procedures for an administrative review. c. Director of Public Safety Collins presented the specifics of the report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. e. Councilmember Carlson moved to revoke the license of Chang (Chance) Vang to operate Fantasia Nightclub. Seconded by Councilmember Allenspach Ayes - all 5 -13 -96 25 K. VISITOR PRESENTATIONS 1. Kevin Berglund, 1929 Kingston Avenue g a. Mr. Berglund commented on the Hideaway hearing and questioned whether there was a conflict of interest regarding the Tulgren °s attorney. 1) Mayor Bastian stated it was not a conflict situation.. b.. Mr. Berglund commented on. the brevity of the minutes of the Council/Staff retreat and asked if there was any additional information available. only a summary of the Manager McGuire stated that the minutes are 1J 9 meeting and referred Mr. Berglund to the Assistant City Manager who could provide other printed material relative to the retreat. 2. Emil Sturzenegger, 2455 Londin Lane a 99 q .. Mr. Sturzene er inquired about the results of the traffic study on McKnight and Londin Lane. 1) responded Mayor Bastian it should be available after June 3, would Y p probably be on the June 10 Agenda. 2) Mr. Sturzene 99 er stated he would be out of town until after June 10 and asked if it could be del aged. 3) Mayor Bastian said it could be on the June 24 Agenda. L. COUNCIL PRESENTATIONS 1. Aldrich Arena a. Counci 1 member Rossbach stated he has received a call regarding an all - night event at Aldrich Arena, with loud music and noise. b. Director of Public Safety Collins said he had no information about an event, and would look into it. 2. Mayor's Forum a. Mayor Bastian commented on various questions he had received and announced several upcoming events. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING MEETING ADJOURNED AT 10:04 P.M. i i Lois N. Behm, Acting City Clerk 5 -13 -96 2F AGENDA NO. F -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 13, 1996 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE- $182,263.40 Checks #6346 thru #6365 dated 5 -2 -96 thru 5 -8 -96 $258 Checks #25547 thru #25660 dated 5 -14 -96 $441,243.02 GRAND TOTAL Attached is a detailed listing of these claims. rb Attachments Q \WPWIN60 \AGENDA\APPRCLI3.MAY C:f. •T'Y i :iF" ...Erl►JOOD PAlC:+l:: :I 1.(J . ....1. f J 0 9:1.1. CHECK K v1*:: *I �i:i)i:il`; V l: : : :NX)r 1:' - 1: TI : 1 "f'F�J�I - - -_- -_ - - -_ - t. 1-11::: Cl l -- �: t Il.11'1X:sS :::I� li 'T'I : I�Il.1frIZ::E :I�; I•• NYIE:: LE <°sia 1 :F:'1 ":Ei:il•1 fahliat�Jh!'i' Al"I : UI t:i..'•'• -lcti {7,• 722200 !"' N I:: N F , A. F'' %F'; 1.•'1::. rl l...l. ' (.. l.11: MAY ! "'!'';l::.I'IJ.I.J!'! . :i «' :!... 00 - - - _ I• I...All FLI...t" 11 G11 'I •, F MAY F lR - 1.2 N 00 ..,1.,3 N 00 I' � 634 05/02/96 1 222 F'.E.. 4-19- F R X71: i)l.J( :.'r'l - %I 1. g ,+? - -- - i:i... F' /F X)E X';'1.1C'T1:ON 1 f; Vii• ?:l N 1.: ::;'.1., c:;� :! ,.:I.0 is 05/02/ ;7r1• 1 t 0 I"! 1:1 .:Y 1 A i 1:.. 1 { :1 ::11: JI °:1 I i...1 L. 1.1 :Y Y 1, c., u :_.1_ 1. 6 2 1. 6349 0::,/ {) 2% 96 54:1.400 I'17:1'•IN.. STATE TFE::ASt.1FtE::F: .aT'A'Tt::: fiF'11:VE F:.:Y L..1:C. FL•`::[...a F'AYt1�:iI.:.F:: 450.047 4::I0., C?() al 6 _:: 50 0 5/02/96 1. 0 D.. C:.. i .. ;, IIAC; .. 1'1i"• Y Ail)I'•1 i °•I : ::I ::. 376 j6 ; 0 ,. !i /f) ;:.c;' 1.•:.r) r I 1 �1F1 .1.i.il li Il.. 1:..1.F "E:. IlllX,�1.c Y MAY 96 1"lON t F'11 ... F I:* -,' :.ITI]:l_t!'1 - [. :, ,-) .;: "•: _ �,36' _ 6,`. ;52 05/0% 1. 1 ':5 ()20() - f CC) l...1... �:I�I i ;, i <F.Nl Al : "7'!••1 V. RE:T:I :I : -,' ::IYll : :F-I1• . 3 47.00 f I: u' 00 1 t)lC)1)T t) :1. 1. 0 C E 1 : :., F�;l:ldt : "1: :: F'E :: - f " T" i' �.;!• -I F,E 11 lS:.UR%:Yk: C I r! I•t 1 ".1. IYII. {l.J! 4: Yl::. 'S.. / I: h 1I:�l.Jl °:: ;E - -- ----- - - - - -- - - -- -- - - ij C(- 1::31••1 Fsl:1 Ill E3l.1RG�. :::'.c.'Y N E.Y i i . { � I°'I: -F T" Y (.:F`•tf :;F•I FEE:::! ND UF.'S) : ::? •, 99 - -- °'I .7'� "`1' L,r:1Y1 i I•tl- .I.IYlkil.l!'.S I r 2.. 5 ,- i 'I ::.'I I'1' i:.•r -- •[•1 1•L1: :.. i" la...U1: 2 :1... '56 l..i -1 I :1::.1. IflUI ;: i {::. 1.::'... `•.Y;.' 1::'1 :'T "T'Y i::,:.t " Al F'gIE T FIT.iUF:..:,t: :L :._ c:;) C 1;:yl••1 F:1: : :1: Ill BURSE:: .; N' :3: y Ci %'t:=;t•'I Fi :: a: fYIX�L11�;CiE :: 1. N 1 3 .. ci9 2 " J ; , i C 1A'E;I-I FEE ]AVIJ~sUR .•:'. ..j ( "a'•tS -I F "TtrlEUF";s :;E :: {:'.. 7"":1 is i °'L ": I'1 "Y [;f- `t <:�I I 1 1 21. N C) 1:.. 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H. 4;' 7 ., . :iO VOUCHRE2 f_TTY nr m&pi rwnnn y 05/10/96 09.11 VOUCHER /CHECK REGISTER .. VOUCHER/ 3 CHECK VENDOR O ' ITEM- ITEM 4 NUI' L` ?E R DATE NUMBER NAME DESCR IPT ION AMOUNT AMOUNT 6357 . 05/03/96 .541400 MINN. STATE TR EASURER MOTOR VEH LIC FEES PAYABLE 17 17 0 11. 24 j �r 05/06/9 54140 0 MINN. STATE TREASURER MOTOR VEH , L.IC `FEES PAYABLE :" 15,, 906 ! 5 p 906 « 50 6359 05/.06/96 .662251 NORWEST BANK MINNESOTA 5/3/96 P/R DEDUCTI 14 5/3/96 P/R DEDUCTION 29 5/3/96 /R bEDUQTIQN - 5$ 5132 6 360 Q .5/06/96 ►41Q00 rllhiN. STATE TREASURER - ;STATE DRIVERS ..LIC FEE 5 PAYABLE 558...5 , 55$ »� ?5 636.1 05/07/96 890900 U.S.WEST COMMUNICATIONS TELEPHONE 598.01 TELEPHONE 516.49 TELEPHONE 114.78 3I _ E P TEL NONE 57.39 3 TELEPHONE 57 «39 TELEPHONE 57.39 TELEPHONE* 57.39 3 TELEPHONE 57 « 63 TELEPHONE 55 .97 :5 TELEPHONE 55 » 97 o TELEPHONES 354.06 TELEPHONE ? .6,8 2 8 TELEPHONE 26.81 9 TELEPHONE 32 .75 TEI...C- PHONE 296.18 TELEPHO NE 58.20 : TELEPHONE 58.20 .} TELEPHONE 174 TELEPHONE 74.2 9 TELEPHONE 189.27 TELk`.'htOhlEi TELEPHONE 174.60 ;51.'55 TELEPHONE 270.20' TELEPHONE 167.09 TELEPHONE 57040 TELEPHONE" 71.78 TEI._EPI-10NE:: 226..74 TELEPHONE 5 5. 97 s TELEPHONE 1 24 r $8 TELEPHONE 1 724.60 TELEP 55. 10 s TELEPHONE 34 TELEPHONE 32 .75 TELEPHONE 187 « 19 6,132.19 636 05/07/96 541400 MINN. STATE TREAS URER MOTOR VEH LIC FEES PAYABLE 14,21 14,218.51. J 6363 05/07/96 541400 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE- 532.2_5 532.25 1' 6 64 05/08/96 541400 MINN. STATE TREASURER STATES DRIVERS LIC FEES PAYABLE 637.00 637.00 / ' REFUND - YOUTH BOYS SOFTBALL. 24 30.00 30.00 -5 REFUND YOUTH BOYS SOFTBAL 26 .25556 05/14/96 DEGONDAp THOMAS 27 REFUND YOUTH BOYS SOFTBALL 30.00 25557 05/14/96 AXLIN___ REFUND YOUTH'BOYS SOFTBALL 30 .25558 05/14/96 30.00 MCCABE, ANN REFUND YOUTH BOYS SOFTBALL SANDRA 31 REFUND YOUTH'BOYS SOFTBALL 25560 05/14/96 HULKE, CYNTHIA REFUND YOUTH BOYS SOFTBALL 25561 05/14/96 30.00 30.00 REFUND -YOUTH BOYS'SOFTBALL 30.00 25562 .05/14/96 JOHNSON WENDY 05/10/9.6 09:11 CITY OF MAPLEWOOD VOUCHER/CHECK REGISTER AMOUNT o°m 27.00r - o7=00. CHECK C HECK VENDOR v NUMBER DATE NUMBER NAME EM DESCRIPTION �,6365 05/08/96 9 AMOUNT REFUND MS KARATE 25548 05/14/96 ASEFA MICHAEL REFUND PRORATE MBSHP. 46.85 255 -05/14/Z6 OVERPAID FOR.GROUP 25550 P . 16.00 25551 05/14/96 WASILUK JULIE REFUND TENNIS CLASS CANCEL 27.00 25552 Or5w/14/96 MONTEIRO., -ANTONIO REFUND --TENNIS CLASS CANCEL 25553 05/14/96. ANCEL 25554 05/14/96 n nki AMOUNT o°m 27.00r - o7=00. REFUND MAY KARATE 15.00 25563 0571 4/96 BURFIEND, DENISE 15.00 REFUND YOUTH BOYS SOFTBALL 35.00 25564 05/14/96 YANG, KIM 35.00 REFUND YOUTH BOYS SOFTBALL 25565 05/14/96 'CLELANDp ANN 30.00 ;REFUND - YOUTH BOYS SOFTBALL REFUND - YOUTH BOYS SOFTBALL 25567 05/14/96 010070 9TH ANNUAL N.D.O.A. CONFERENCE TRAVEL & TRAINING 150.00 150.00 PAGER SERVICE 21.30 MODEM 64.49 CALSS NATURE CENTER MODEM CALLS MIS 5.46 ILI 10.92 AMOUNT o°m 27.00r - o7=00. 1 r. 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". _. _ ..•, I• , . ,... ;., _. . _ _ ._ _ ., • 0 0 0 • I• fi -• • • 0 0 • 0 • 0 0 0 0 0 0 # y via {.ii::a'IFtF ::A r..:l: TY t"IF' IriIIF•L..E::UJi:)ial) F'AC-3F'. 0`5/1.0 9 6 09 1.:1: Vt:al.lt:,l°N TZ/ . i:; . -IE :a" K C,I'•IE::C,K VENDOR Vl " :hII)C)F ITEM NIJMJE: {ER D- A F••Il.1r''ll: {I::R NAME: DE:•SC:I -.::C ('7 0 IA A1Y1OIJ1'4'T' o vlc)l.Jl•J'T' I : .... (`3 ]. 96 ::i:1.C7 . ri() t" ::h I F: ill.i - i't"i EF7RV:I'(., , JI I - !FJ: ' _ f I ::N��7:J °�: ��: i�ifla '{•�l'•`�JI:I'I:I:CI...E:: ? f 3 gt� - -- - __ .._.. - - - J� 1 r�E71- , A]:Fi & t"Ir1 raT /vr: "FIIC.i... { 1.87 .26 ".i.,86 �.. �•:r : 1::9 ,v a:.',.� x 0'5 +'+ •+ 5 :.i,�:.U�:.c�;, . SI . '•IC1F'PE CF:fi{:':1.1' REPAIR & IjI : j1N ZVF:•I..ITCI. E'� 60.93 2',,'1594 C) 1. el- J96 320281 t"iRANT}W-) 'S FAKE-*riY, INC .. C:AKl:::.r, 4 ]. r 25 CAKE CA KE ! 1,5, . rl5 }, C,r'llei : :: 1 7,5 CAKE 13.75 11. 3. 001 2': 5'r 5 05/1.4/96 32015 GFJJr-sF : :Fi ' c:i F'QWE::R E"t:?U1:1: 1E` t %f'I:CI�f'fE ::I�dl11�IC,f" NATFR1:Al... 1 {). �� ----- - - - - -- . _ - -. - x:'.:5' :. f):5/ 14/96 - 330150 KEVIN F IAL..WEG EDUCATION RE:: I VIL3URSE7 194. i.. 1.9ZI . :18 '' `::597 05/1.4/96 :.i 3 0;? t•• AtIvIEERNIt. ".K DEC:CIF WFINla CENT 1: F? t'11 SC;E I._L_AIA{ -'t)U COVIVI" DITIFS 5 6 . f I; r)�::,/ I. fa �r'f r - �t) •'c ;: i "Il.1C:,F'IE ::� i,i::�y r'E ::I...i '��/1..�4 F�:f: f't l r•II�:F F°E I :° � l '��i:'._n -r I - - __ {= E�E;3 F tar< SERVICE 51.4.90. 2 6 r . tl� () i Y I.. 1 r "55 99 M q()ty5rwi0 fE: 11 TI It1Ft!'{E TEV1("'1.1F :F1r4Y SE :FtiVTCE: fE:IIN' SERVICES C''L E"F1F' T'YF' I ail' '+4":5. 12 i. _' 2 2 - •6C 0 0,5/14/96 41.0446 KELLY �iI: RV I l'.:1`::;:i ;, I I�IC, . DA Ai ENTR TE::i''IF' SERV WE 4/28 313.1 3 #3 313. 8, 3 ---- - - - -.- :5 6 01 01 4201 K1:1,1KO' NATIONAL A /R SUPPLIES --• OFFICE 1.5. FT- %0t:iFiAI1 SIJF''I' °'I_.I F. s 26.36 C, AF'F /C3F R REP-O T i 51 " <; 9 F'I t:iC:iF Asr SUPPLIES IE::S 1V 6 9 .:i .1.E'3 - h '.'.:'-ii);;' 05/1.4/96 4309 KITE "t.IV• 3 BlJ,:i:f.I S ; Y a'T"IIt'7S , INC:. TYt- 'E::WR1:TER PIAINT 5/6 /96•• - 5/5/97 26.00 ; !: TYPEWRITER R MA1.NT /6/96- -5/5 97 "YI °'E ::4�J1.1 Tl::R IIA I NT 5/ 6 6 5, ' �: 97 TE::F I'linVEIAT :5 /t; /9 6 •;5 /,5 97 26..00 i i•YF•'I:'Wl• 1'1'I::.IR, IYilh 1:H i 5 /6 :`96-- ,. 9 :' I.t)1.1.. () 0 I: ..... ... ..... .. . . .. .... .. 1 1`I�'I .. UJF..I f E:Ft. hl {l .11•�i I ,�: �i,• r. ;� ,.... 5/ 1 5/9" : 1 --------- - - - - -- _ _ -- ---- - - - - -- 'T•YF'I : : :WF:1.TE: R r1lr-41I - :5 /6 /ri 6 5 / 9 7 :1.04. T' 1: I'I:: :I: Ir1t-N1:NT .V eJ. " 96 --- 5 1/97 2 -- - - - - -- - - - -- T `i'E R' M IN"I 5/6i•96 ....5 /5/9 * 5 2 () 0 �. ( YF'I : :•l.OR'f I {::.{ti IYIA 1: NT 6 /9 6 97 26. Oe) i. i... %tI °'f::. Lk) I'.i I'{::.I'�: !'rlI'>I.I :I.,I'T �::, /c'' c ` ' '.r y 1 �/ ' ''. tt( ) : ...1., .. •: -F y F ::.I; 1`IA.I.1`I C is /6 /96 .... 5/5/9'.? 2,6.00 'T'YV'I : ::WF 11TE ::F�: I"lA'UN�IT ;5 /c':i /`�c�>- °:5i'5 7 26.00 fiL1l..•l-'L..1.I::.�:a -- t ►F ! I(.I: ,;:9 .i r li.r "t� ..:.`>✓ ".!r:; � I._f�ld f t:)I%I F'!'l .l.l lT a:N�:/ 1.1''ll.:... :. =1: C)1 I. i:' ..:I. ') ' i - - -- -- ----------- - - - - -- - -- - -- - ---- ---- r :,1.11_'!_'L._1 E : :_�._ I_jl . . . I:::Li:::i :: :f. 7 .f.' 0 .•,,: ,. 0 r .::..}.., I O;:,/ ` • ?' 1.�3:' . �> {:,(;,r::;', 4ti t. r : ,... L_F. ::., L -.. i{"fl : :I{il:c:. l...t:1[,�iaa:l i::i I Retreat in Monticello . •• - .. ... .na ... 1......:::A4e].l �Ci"�btl IiYiFi1'fi RN fYm2C�ilileL.i' 8vawaa.rlw+Fn` � .. .. ' In x r. "qA; 'yr M V ^ �� t��"he....Y�i6n4 -✓ ,�, "�L-- U. ». ec t��i/yl'i -.. Y r AL �lAfiirmYS�14f /�At�Sk 1 Vflt1C:HRE^ CITY OF MAP 'LEWOOD A 05/10/96 09:11 VOUCHER /CHECK REGISTER FO PERIOD 05 3 2 VOUCHER/ , 3 CHECK CHECK VENDOR VENDOR ITEM ITEM CHECK 4 NUMBER 5 DATE NUMBER NAME DESCRIPTION AMOUNT AMOUNT s VEHICLE ALLOWANCE 17.64 859095 T 8 25605 05/14/96 470700 LILLIE SUBURBAN NE WSPAPERS ' .AD FOR GYM A.TTENDENTS 27.30 9 AD FOR GYM ATTENDENTS 27.30 PLANNING DEFT SUB MPLWD REVIEW 19.95 ,+ 12 3 YFS MAPLEWOOD REVIEW 47.95 122.50 i3 25606 14 05/14/96 501225 MAC QUEEN EQUIPMENT SUPPLIES _.Vf-HICLE 770.85 770.85 . 15 25607 05/.14/ 6 - 520500 MCGUIRE MICHAEL VEH . L A C 50 4' 5 0,00 s t 25608 18 05/14/96 530300 MELANDER, JON DARE LUNCH 23.62 23.62 19 25609 05/.14/96 530500 MENARDS MAINTENANCE MATERIAL 13.76 MISCELLANEOUS COMMODITIES 84.,02 MAINTENANCE MATERIAL . 21.2B 119.,06 25610 05/14/96 530730 METRO ATHLETIC SUPPLY PROGRAM SUP'P'LIES 231.48 24 PROGRAM SUPP'L - IE S .a 118.05 3 49.53 25611 27 05/14/96 531650 METROPOLITAN COUNCIL SEWEPi SERVICE JUNE-1996 193 193,192.00 28 25612 051/14/96 531830 MEYER ENTERPRISES REPAIR MEDIC 7 47.93 47.9 29 25613 05/14/96 540175 MIDWEST COCA -COLA BOTTLING CO.. MDSE. FOR RESALE 154.50 154.50 31 256:14 05/14/96 540665 MINNCOR SUPPLIES -EQUIPMENT I 1 25615 05/14/96 620600 MUSKA LIGHTING CENTER SUP'P'LIES - EQUIPMENT 413.94 413.94 36 256 05/14/96 630765 NATIONAL RECREATION & PARK ASS MEMBERSHIP NRPA 60.00 60..40 3 38 25617 05/14/96 661181 NORTHERN AIRGAS SUPPLIES*- EQUIPMENT 152.08 152.08 25618 (45/14/96 661600 NORTHERN HYDRAULICS,INC., MAINTENANCE MATERIALS 74.53 74.53 31 42 '5619 05/14/96 670950 NYSTROM PUBLISHING COMPANY INC MP•LWD IN MOTION 1,273.30 1.,273.30 43 0 25 45/14/96 680600 " OCTOPUS.CAR WASH CAR WASHES 15.00 135 CAR WASHES 142.50 CAR WASHES 7.50 165.00 25621 05/14/96 6811.51 OFFICEMAX SUPPLIE - OFFICE 28.71 28.71 iq I 25622 05/14/96 700800 PAPER WAREHOUSE, INC. PROGRAM SUPPLIES 54.21 s PROGRAM SUPPLIES 88.93 14 152 53 256 23 5+ 05/14/96 711500 PHOTOS TO GO DEVELOP FILM 51.28 5.28 25624 05/14/96 712100 PITNEY BOWES INC. METER RENTAL -- RESET CHARGES 1 ? 062.00 1 57 METER RENTAL. - RESET CHARGES 19.00 1,081.00 e CITY tale' IYIr "�I 'L..l alJt t:11) I °' i''i C3 1 : �1tIUCI 'Il : ::r ,rC:r'u ::t:l Vt.fut.,t'•IE: R / t:::I"tT::C CHECK Q a: "rc ::m -------- if t.:l••Ii:.t.; :. I'`Il 11171:iL:.l•i DA'T L•:. I''•IIJI'fki{ °.I•t ,:..., :.,. )�E: IS)CR I:P T 1:tar! -- - - -- - rlt :al.JlAri' -- - - -- -- -- ,::,j i :iula r- .�.,,.::.,::, O'5/:L/1/ (1.21.0'5 r1j: -7ZI, F :*�_j.; Y " Pizz a f or 'M I ,*. *�6': "6 ! 05/:L4/96 71211 c �'Cll._AR CI-•ir::�ll�.Cll._1�.7 [CEO REPAIR' & t'1�•,TI'a'TfVE'f•'I1C;1._I� `1�;1..,��1 f�' I E I .... „ 1 r •::�:;F; ":'/ t);:i /1 r�! /c;��> 0x;00 P011- a..i.Mr'I:;'TE "Ft c , .., [7 t . � �r,;,r. 2 � .�.�> ''f:t ... f?;:�r 1.4. '96 741.600 8'z i�ir ^i :t I'lT,�r "t:ll.J ]: I '!Yf E: ICI T' ::' „ �i'�+::; � 3;:? t hlr ^NFti t..l•'I 96 ,�:� `:� :, c;; . DATA 1::*ROCIE-SSING :r, •'<� i;... 05V14/96 741601. 1�'(�IYlfal: "Y COUNTY ,.;.._ �A5 TAX FIF E.:; I 1., .. 1 �••i. � � - � �: .. 07 .. 5 *., �_ -- -_ l .ti Ir r I :.i::.�ti l!Ji i1 TI : :: M1 2 2 3.. 96 . —� - -- — - - -- - l!Jf :: t•IrtC:�lYI'T' F "I: ::E ::�3 34 .. A WASTE: IVI1 lYl7' r7r:7 :t :> 34 .. ',54 i!J E:. NI',Il' I•!I-r• 1::•I : : : "f ,:'2 .. c. "ci; - -- - - - -- — - - - -- 0JA' :,TE.' rINGlIT F 6 L�It1;3'T'I -. rli F 'r-r':{ J srr �,• --- -- - - -- - - - -- ... IRI f.-.; c!'17' 1: °E7E"S 69 . 00 1 y 4 21 » 2:I. 25630 05/14/96 742 460 F:A HDY'cS 1''.I..'_."YA I- 'ROG1 46. 5 -r :. , ,., ' 750' r:l... T i --I� �M: �' x I It :> r a:7'u"r :I: r.,ra�, F' C)C) ra ril ::. F'i :)r Fir:- <:I�- � :: 1.7 » 2 a 1 IY DSI... » FOR RESALE 273. 2I. .. 89 25632 05/ 14/96 761 5 5 0 S PAa:r` REPAI & t"IA NT/BU 1 4 95 .0 0 9.:,. 0 c) 25633 3 «5/14/96 780300 S&T Ci• "w' ]: C:I : :: 1= 'RODL)C:7' INC. 79 _ 1: I:: S ».. 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W 111 0 E HC .. _— — - - -- -- - fl�f:;..k:�r... _ . _ - - , _ ,. 4 6 .3 .. { . : �:: ::. /,.,, 1 ,r lJt.il...1 ..; l l I ! CA ,;i It.if -- TOTAL CHECKS I "I { —_ _ - -- - — .- - - -- -- - -- •— `_ I J.. ice; j - - - -- - -- -- - - - -- _ � la�� ` I Fev a Aotion by Council MEMORANDUM Endorsed,.... M odifi ed...,,..... TO: City Manager Rejecte FROM: James Ericson, Planning Intern Date SUBJECT: Conditional Use Permit Review— Amusement City LOCATION: 1870 Rice Street DATE: May 14, 1996 INTRODUCTION The conditional use permit (CUP) for 1870 Rice Street is due for review. The CUP allows a golf driving range at Amusement City. Refer to the maps on pages 3-5. BA C KG R On November 17, 1977, the city council approved the site plan and CUP. On October 22, 1981, the staff approved a racetrack addition. On March 9, 1982, the community design review board approved the site plan for the bumper boats, mini -golf and batting cage additions. On April 25, 1994, the council approved a CUP revision for the proposed driving range and equipment building addition, subject to several conditions. Refer to the minutes on pages 6 -7. On October 11, 1994, the staff approved a siding change for the equipment building from T -1- 11 cedar siding to Horizontal lap siding. On May 25, 1995, the council reviewed and extended for one year the CUP. DISCUSSION The applicant has completed all required site work and is meeting the conditions of the CUP. Staff has received occasional complaints regarding golf balls being hit over the fence onto Roselawn Avenue. Staff talked to Dan Betts of Amusement City about this problem. Mr. Betts said that one contributing factor to this problem is the height of the tees at the tee -off pads. Mr. Betts said that he has cut the rubber tees in half to lower them so it is not so easy for patrons to loft the balls up excessively high. Lower teed balls are less likely to go over the fence. The city council should review this permit again next year to monitor this situation. RECOMMENDATION Review the conditional use permit for 1870 Rice Street again in one year. p: sec18\amu- city. rev Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. 4 -25 -94 Council Minutes 2 Attachment 1 LMU DADA 49 D ..� • f • ... ter• • • .• . . �•�. 0 0 • 0,0 COUNTY RD AWL 4� V .. �,; �• • t/1 SKILL milium V U J K t G N < AVE. � 1Lroks, AVE. w 'i a < ® Q 61 SAINT PAUL s LOCATION MAP 3 4 N HttacnmenL • Mat E . Dean ef a.! ' �',; ' . ' .c I. 03.4c.,, , ot 1 1. r ! qJ334 OF PART 1905 TO BE USED BY AMUSEMENT CrTY FOR WALKWAY AND BUILDIN O O• _ -- TO BE USED FOR TEE -OFF PADS.. 7 1-r .1 .�3' • Cpl ,. ' ' . `��=. • ROSELAWN AVEN U E s o7 _.•... . '04 So o Y7 t r 1 1 • ; • , !1 ZS , r • 1 t f N.Q 1 1 1 .} •• p • • •• I l ♦r' , l q � � _ ; = ` /� :: • �.• O t Z is t ° I •s C. • . • , :. M 1• .. 4 Q 1 1 :. • - = AMUSEMENT CITY -- - T ` ••♦ • V � � 14 N b 10 11 IZ. j� 14 fs . - -- - ... _ .. pk LA ,,. ..a. a P ► .c Tc 1. •69 2 4:1 , is Z•I.7� ,I ' ++11 t>,a 1 1 wT • n � 3 S''� ' icr i'A L 3 5.9 ?• elx—. s si f �" , t . - - ,;;, ter,,. ...;` t o • lm . qmw. .� ` .. _ to x i d 14 ' PU PI L Q I N Q 1. 5.5 o uc.) w ' • Z r` 9 : 70 . 3 " 31 r 0 .5 F ti T' R WORK i� 1 ' 4 - PROPERTY LINE /ZONING MAP 4 4 N mow , 19 1- 1 • I . i r. 1 i H i I. i q 1 ow OUT I Ial 1 11 . 1 I `, . / r! /000, , r 1 o s 1 f � f I 1 / 1 / 1 / I 1 1 / SITE PLAN 5 4 N Attachment 3 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: Attachment 4 1. Obtain.amusement park and golf driving range licenses from the City. 2 All construction and use of the property shall follow the site plan approved by- the City. The Director of Community Development may approve minor changes. 3. The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 4. Appropriate maintenance easements for existing sanitary sewers be established in writing. 5. Applicant agree to provide sufficient off- street parking to serve the needs of the operation.. If the City Council determines that on -site parking is insufficient, the park operator shall provide additional parking. For the owner to meet this condition, he or she may have to replace the driving range or the existing uses with parking. 6. There shall be no inoperable vehicles or vehicles for sale on the site. 7. The operator shall allow customers to use only low trajectory golf balls. 8. The City Council shall review this permit in one year. 9. The applicant /operator shall maintain poles and netting in good condition. Council reserves the right to bring the applicant /operator back to the City if problems are encountered with balls going onto public right -of -way. Seconded by Counciimember Koppen Ayes - all Design Review i . Counci lmember Carlson moved to approve the plans stamped, November .30, 1993 for a dri vi n -ran a ex ans i on to Amusement City at 1870 North Rice Street, based on the findings regu i red by City Code and subject to the owner of Amusement. Ci ty. doing the follow n 1. Repeat this review in two years if the City has not issued a 'bui l di ng permit for this project. 2. Complete the following before occupying the building or using the driving range: a) Stain the proposed driving range shelter gray to match the others buildings at the Center. b) Provide at least a fifteen -foot setback from the Roselawn Avenue right -of -way for the paved path, the tee -off pads and the lights /netting poles. 6 . 4 -25 -94 .. c } Install a refl ectori zed stop sign at the Rice Street driveway. • d) Stri the parking lot with at least 94 parking spaces as shown on the approved plan. The applicant shall stripe four handi parking stalls and install ` handicap-parking signs for each stall. There shall be at least one van accessible space. (Americans with Disabilities Act requi rement) e) Construct a trash dumpster enclos for any ' outside trash dumpsters'. The enclosures must match the buildi color. (Code requirement.) f) Direct or shield the lights so the bulbs are not directly visible from any public street. (Code .requ g) The netting shall be at least ' f i f t y feet high on the North and south sides of the driving range with taught • steel cables to keep the nets up. 30 If any required work is not done, the City may allow temporary occupancy of the driving range shelter if: a) The City determines that the work. i s not essential• to the public health, safety or welfare. b) The City receives a cash escrow or an irrevocable letter of credit ; for the required work. The amount shall be 150% of the cost of the unfinished work. } c The City receives an agreement that will l allow the City to complete any unfinished work. Seconded by Councilmember Koppen Ayes - all _ OF � r� .�v ,mot♦ •" � • . •, • • �•�• � • •• 1 . • +' • tom ^, �.:� ice. '�� j 1; •tr • I, • • • . • .. - ' �• . '••• ' - ' 'r te ` ' • •: • / \ . • _ . •. 1 •. - , . - . • . i , • • �•. • : l am • ' ••� • • • • •• • . ••fit ' • . �. . • � .• . � �•.� •'• •. �•',,•.: 1 .. • •• � � �. � ''ter �-�.�. .�.. • • '. �. •-. • AGENDA NO. AGENDA REPORT TO: FROM: RE: DATE: Michael McGuire, City Manager Craig Dawson, Assistant City Manager Steve Hurley, MIS Coordinator F-w3 Action by Council: Endorsed...., ....,. Modif i ec .� Rej eote„ 'Dat Agreement for Computer and Telephone Maintenance Services May 20, 1996 INTRODUCTION: The City has been presented with a proposal by SU (Specialty Underwriters) Group of Oak Creek, Wisconsin, consolidating existing equipment maintenance agreements the City has with three vendors who provide computer and telephone equipment support. BACKGROUND: By consolidating these three contracts SU Group provides the same 12 month coverage for $24,406, a savings of $13,848 over the annual cost of $38,254. The City can continue to use its current vendors to provide support on a time & materials basis. If required support exceeds the $24,406 amount, SU Group pays the difference. SU Group's coverage provides support our normal agreements do not such as labor overtime, human error or negligence and power surges. In addition only one anniversary date needs to be observed and a detailed repair history is available. References, including the City of Bloomington, were all positive about the company and its maintenance agreement program. If Council were to approve this agreement, current maintenance contractors would be given notice of termination effective July 1, 1996. Each of their contracts require 30 -day notice of termination. RECOMMENDATION: It is recommended that City Council approve SU Group for this equipment maintenance coverage. Action by Council $ MEMORANDUM Endorse Modif i ed...........r.,. TO: City Manager ReJected .. FROM: Ken Roberts, Associate Planner Date SUBJECT: Truth -in- Housing Code Amendment - Evaluator Licensing DATE: May 1, 1996 INTRODUCTION The city council directed city staff to change the licensing requirements for evaluators in the truth -in- housing ordinance. The current ordinance requires evaluators in Maplewood.to have a Saint Paul truth -in- housing evaluators license. BACKGROUND On July 9, 1990, the Maplewood City Council adopted ordinance Number 668, truth -in -sale of housing. This ordinance set the requirements for truth -in- housing in Maplewood including the licensing requirements for housing evaluators. Specifically, Section 9- 240(a) of the code has the language about the licensing of housing evaluators. It says "the city will only approve housing inspectors that have passed competency tests as truth -in- housing evaluators in Saint Paul. The housing: inspectors must submit certification papers to Maplewood from the city of Saint Paul as truth -in- housing evaluators. The city of Maplewood must license each housing inspector that works in the city. Maplewood will automatically revoke a housing inspector's license if it is revoked in Saint Paula On April 22 1996, the city council approved a truth -in- housing license for Stephen Dellwo. Mr. Deilwo has a Minneapolis truth -in- housing license and had a truth -in- housing license in Saint Paul that was later revoked. DISCUSSION The proposed code change would allow evaluators with either Saint Paul or Minneapolis truth -in- housing licenses to be evaluators in Maplewood. In addition, the proposed code change also would strengthen the language in this part of the code. RECOMMENDATION Adopt the code change on page 2. krMheval.mem Attachment: Code Amendment Ordinance ORDINANCE NO, AN ORDINANCE ABOUT THE LICENSING OF TRUTH -IN- HOUSING EVALUATORS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: SECTION 1. This section changes Section 9- 240(a) of the code as follows (I have underlined the. and crossed out the deletions.): (a) No person shall fill out a truth -in- sale- of - housing disclosure report in Maplewood without having a valid certificate of competency or truth -in- housing evaluators license from Maplewood The city of Maplewood must issue the certificate of competency or license Maplewood The G;Fs will only approve people as housing inspectors or evaluators that are licensed have -pose e as truth -in- housing evaluators in Saint . Paul Minneapolis The housing inspectors must sub mit _py_of their truth -in- housing license and an v certification papers to a A RM Maplewood from the city of Saint Paul or Minneapolis. Maplewood must license each housing inspector or evaluator that works in the city. Maplewood will. automatically revoke a housing inspector's license if it is revoked, canceled or surrendered in either Saint Paul or. Minneapolis The City of Maplewood may require the passing of a test that shows the inspector's knowledge of the city's housing code. The city may then issue .a certificate of competency which is valid for one year. The city may issue renewals of all such certificates. If a certificate of competency lapses for one year or more, the person who held such certificate shall reapply to Maplewood for renewal. of such certificate. No holder of a certificate of competency or license from Maplewood shall allow another person to use said certificate or license. SECTION 2. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. The Maplewood City Council approved this ordinance on 9 1996. 2 AGENDA ITEM #'I AGENDA REPORT Action by council. En.dorse� --- TO: City Manager Modified... ..- -- Rei ected - FROM: City Engineer D ate SUBJECT: Bellaire Avenue, Beam Avenue to Lydia Avenue, Project 95 -18 —Award of Bid DATE: May 14, 1996 Attached is a letter and bid abstract from the City f North St. Paul the lead agency for Y g y this project. The lowest bid received is within six percent of the engineering's estimate and within a reasonable range of the other bidders. Based on this, the low bid is a reasonable and responsible bid. There is also some information attached concerning the possibilit of an irregularity in Y 9 Y the bidding process. The City of North St. Paul must deal with this situation on the advice of their attorney. They re- estimated the Maplewood share of the project cost. Our cost has increased slightly, which is estimated at $115,000 at this p oint. It is recommended that the City of Maplewood concur in awardin g the bid for this project to Shafer Contracting contingent on the City of North St. Paul awarding the contract and contingent on state aid approval of the plans and specs. KGH jc Attachments M & C: 96-39 May 6, 1996 FROM "I'I-IL OFF 1CL OF 'ITIE CITY ENGINEER ER 1 lf, } y r CITY OF NORTH H S I. PAUL f NAY .1 it I %vy R Sub ect: Bi Award fo Street .J U SAD 9515 ►+.��UI. IM ti M MiI .r MM4M M.1M.►M. rM .IIWF To the Honorable Mayor and City Council: Attached is a letter of recommendation and the bid tabulation from TKDA. for the Helen Street reconstruction project. Also included is the letter of rotest of award submitted b � y T. A. Schifsky and Sons. TKDA's letter provides a response to the protest. The attached p information has been provided to our City Attorney for his review and recommendation. City staff recommends award to Schafer Contracting in the amount of $1,147,836.00, subject to approval by State Aid and the City of Maplewood. Respectfully submitted, Ir David L. Kotilinek, P.E. City Engineer DLK:bani APPROVED FOR AGENDA LNCLOSURI:;: n 1 Dan Scott City Manager misc/m &chelen.awd DA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS • PLANNERS May 3, 1996 Honorable Mayor and City Council North St. Paul, Minnesota Re: Award of Bid Helen Street Reconstruction SAD 9515 North St. Paul, Minnesota Comm. No. 10994 Dear Mayor and City Council; 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101 -2140 PHONE:612/292 -4400 FAX:612/292 -0083 On Thursday May 2, 1996 bids were opened on the above referenced project. The bids were as follows: Bidder Shafer Contracting T.A. S chifsky and Sons Tower Asphalt Valley Paving Arcon Construction Amount $ 1,147,836.00 $ 1,173 $ 1 $ 1,224,3 04.15 $1,270,029.85 Engineer's Estimate $ 1,078,791.50 A complete Bid tabulation is attached for your review. A protest to the award of this bid was submitted by T.A. Schifsky and Sons. That letter is also attached. It is their contention that the low bid should be rejected because it was nonresponsive to the bid requirements, in that the low bidder did not attach all the Addendum sheets to the bid. They also state that a bidder, if they so chose, could withdraw their bid because of this. Background The plans were prepared and an ad for bids was placed. During the bidding period, Addendum No 1 was issued to correct some errors in the bid proposal. An entirely new bid p p ro osal form was inailed out to each plan holder. Addendum No. 2 added a single page to the Project Manual, which was omitted during printing. As required, all bidders used the addended (new) bid proposal to prepare their bids and they all acknowledged receipt of both addendum's in the space provided. This is all that is p An Equal Opportunity Employer Honorable May or and City Council Honor. Y May 3, 1996 Page 2 . use the addended material in that the did indeed receive and fixed to respond to, or acknowledge, Y required P . p P re armg their bid. • "All addenda shall become part of the • ce on a e 00300 -15 which reads It is our opinion that the senten P g al sheets which are p art of an • submitte with the bid." refers to the bid propos uld bid and shall be f the bid p In which case, we wo e will addend a single page o P P addendum. sometimes i im all of the ages of . an addendum to the • that new page to their bid. Attaching P d expect the bidder to attach P g to the specifications, may be waive P it is an informalitY, which according pe bid is not necessary. At most by �' the C Council. • the did not attach these sheet is false . t a bidder could repent their bids because , y that a As for the statement that o nly if the bidder can prove to them • w a bidder to withdraw their bid, y The City Council may allow id. Bidders are not allowed to withdraw "material and substantial mis take" was made in preparing the b their bid on an informality. • ha never re uired, nor has • this exact same bid form, we ha q undreds of projects we have bid using have worked with required, In the h P d or School District Board we ha C ity Council, Town Board, County Boar , ven seen thi that all addendum sheets s done by `y C y proposal. Infact, We have never e p be attached to the p p another bidder. Recommendation • 15 be awarded to Schafer Street Reconstruction Project, SAD 95 • . We recommend that the Helen Stre conditioned upon approval of the • 1,147,836-00. This award should be c P Contracting in the Amount of $ t. g d upon final plan approval by MnDo ward b the City of Maplewood, an p P a y Sincerely; Thomas Prew P. E. Project Manager attach. STREET RECONSTRUCTION TOLTZ KING DUVALLr ANDERSON HELEN TO LYDIA r FROM CASTLE AVENUE AVENUE AND ASSOCIATES r INCORPORATE SAp 151- 262 -01 ENGINEERS- ARCHITEC PLA RS SAP 138 - 126 -02 SAD 951 CITY PROJE CT 95 -18 MINNESOTA CITY OF NORTH S 10994 COMMISSION NO. T.A. SCHIFSKY SHAPER CONTRACTING S OPENED: MAY 2 1996 10:00 A.M. ENGINEER' S ESTIMATE COMPANY, INC. AND SONS, INC. BID UNIT R EXTENSION UNIT EXTENSION PRICE EXTENSION ITEM QUANTITY UNIT PRICE ��.. NO. -- 30 r 000.00 $25,000 00 $25,000.00 $5,400- $20,000. $30$150.00 $ 5 75.00 1.00 LS $20,000- $75.00 $2,025. $10 $4,050.00 $200.0 5 ES 27.00 TR 50.00 $4,350-00 $175.00 $ �' 0 330.00 2121.501 MOBILIZATION G THE $75.00 $2,175.00 $1$1.50 $10,995.00 .$1.00 $300.00 2101.502 CLEARiN 29.00 TR $2.00 $14,660.00 $5.00 $750.00 $2.0 UBBING TREES R CONCRETE} 7330.00 LF � 3.00 $450.0 550.00 2101.507 GR IT. O $ 00 $500.00 $11.00 1$420.00 2104.501 REMOVE CURB 150.00 LF 10. NC $6.00 $300.00 $ 2,00 $2,840.00 $1.00 r 2104.501 REMOVE FE (STORM) 50.00 LF 3.50 $4,970.00 $ 3 700.00 2104.501 REMOVE SEWER PIPE 1420.00 Sy 0 $1.00 $740.00 ( IIRF'ACE $ 1, 50 $1,11.00 $5.00 $3r 575.00 $2.00 $1r430-00 2104.505 REMOVE BITUMINOUS S 740.00 SY $1.50 50 $2,502.50 $5.00 $3 100.00 $ .00 $500.00 $100.00 $200,00 2104.505 RE MOVE CONCRETE CRETE DRIVEWAY 715.00 Sy 000.00 $1, $ MOVE CON $450.00 $450.00 000.00 $200.00 $ 00 2104.505 RE MO 1 +50 1'0 EA $450.00 $lr 0 450.00 200.00 WALL @ $ 00.00 $500.00 $200.00 2$805.00 2104.509 REMOVE RET' WALL/STEPS @ 9 +50 1.00 EA R ET, 20000 $200.00 $ $3400.00 $165.00 $31200.00 2104.509 17TH $200.00 00 $1,400. REMOVE STONE WALL @ 17 1.00 EA $ . 200.00 , MOVE 00 EA $3,400'00 $350. $80 0.00 $8,8 2104.509 REMOVE MR (STORM, 17• $250.00 $1,000.0 M SEW) /CATCH BA S 4.00 3, 200.00 00.00 2104.509 RE EA 840-00 2104.509 REMOVE MH (S W BUL�CHEAD 16 00.00 $3,200.00 $200.00 $8 250.00 $440.00 $4' 190. 00 AN • SE WER VALVE .00 EA $204.40 870 $4, 40000 $750 00 . $ , 0 HOLE 11. (WA $4 $5,800. 300.00 $,0.00 $110.00 3 29,860.0 2104.509 REMOVE MANHOLE 00 EA $200.00 00 $ SALVAGE H 00 EA 0 $1.50 $28, 087.50 $ 4.95 $101f499.75 2104.523 200 SAL 29. $, $37,450. .523 SALVAGE GATE VALVE 18725.00 Sy $2.75 $56,388' 8,000.00 2 104 EXIST* BITIIMINOUS $6.00 $123,030-00 6. $6, 000.00 $8.00 $ 0104.604 RECLAIM T N 20505.00 CY 6.00 $6,000.00 00 $ CAVATIO $ 40.00 $1,600.00 $40.00 $ 604.00 IN 1000.00 CY 3.00 $920.00 $ 3,000.00 2105.501 CO $2 12.00 $2,400.00 $15.00 51 600.00 2105.525 TOPSOIL BORROW 90,00 HR $12.00 $2,400.00 $ ?.00 $56,000.00 $6.45 961213.50 CONTROL 2123.50 COIN R DUST CONT 200.00 MGL $7.00 $56,000.00 $ 5.00 $84,250.00 $5.71 $ 2130.501 WATER FOR S V 8000.00 TN 3•Q4 $50, 550 . 00 $ BASE CLASS $ $2,700.00 $13.00 1,755.00 4235.00 2211.501 AGGR -GATE BASE S III CLAS S 16850.0 Cy . 20.00 7 E ► Y $6.00 23 $810 00 $.20 $46,.632.00 $23.50 $60,412.50 2211.502 AGGR EGATE BASF CLASS III /WALE 135.00 C 8240 GGREGAT 00 TN $24.00 $4, 00 5 $ $20.85 $ 55,982.2 30.00 $5,700. 2211.502 A 070. $22. $59, 0.508 WEAR COURSE MIXTURE TYPE 41 2685.00 TN ?,220. $1.40 . 234 $1,120.00 TYPE 328 ,00 $5,700.00 $38.00 $ URE 41A 190.00 TN $ 30 0 $1,120. $1,120. 650,00 2340.50 BASE COURSE MIXTURE $1,0 00 $1.00 0.00 $1,000.0 22 $650.00 $072.50 2340.518 BIT. MIX S TACK COAT 500 00 �WAYS /TYPE MATERIAL/TACK 1120.00 TA $. $500'00 $1,$ QMINOU 00 EA 0 $12.00 $19,620.00 800.00 $800.00 2357.502 BIT 1. 7 CONSTRUCT CONCRETE STAIRWAY 635.00 SF $ 12 ' 04 $1g�750.00 $500 00 $500.00 2411.50 WALL 1 5 $ 68,640.00 $2.50 $28,600.00 12.604 MODULAR RETAINING 1.00 EA $7 0.00 4.00 $45,760.00 $6.00 $ ?,260.0 04 t• PE APRON $ $ 6, 600.00 $22.00 $ 8 r 525.0Q 2501.515 24 RC PI 11440.00 LF 20.00 $15.00 $4,950. $22.00 $3,410.00 $55.00 2503.511 4 PE PIPE DRAIN DR 11 330.00 LF 3.00 $3r565.Q0 $ 7,2 00.00 24.00 $2,880.00 $60.00 $ 2503.511 4" PIPE S R ' PE S C LASS V 155.00 LF $23.00 $3,180.00 $ 61.00 $8,479.00 12" RC PIE SEWER 120.00 LF $ 03.511 V 3 640. $1,056.00 25 P LASS 0 $4,170 00 $66.00 .00 $27.00 $ r 2503.511 15" RC PIPE SEWER C V 139.00 LF 64000 $40. $3 0 $,00 $ 2, 200.00 SEWER CLASS $40.0 00.00 $2,500.00 $2,200. $ $550.00 2503.511 18" RC PIPE SE 16.00 LF 550.00 •• PIP SEWER CLASS IV S $2 r 500.00 $2, 500.04 $1' 000.00 $1 r 000.00 $ 00 $ 6,105. 2503.511 24 RC P 1.00 L 750 750.00 $.00 $ $ $200.00 $7,400.00 $165. 0503.601 TELEVISE SANS SEWER MAINS 1.00 1.00 EA 0.00 $5,550.00 6,105.00 ST. OUT $15 00.0700. 00 $165.00 $ 0503.602 RECONNECT EXIST SAN SEW 37.00 EA 0 $3, $500000 $825.00 $825.00 665.00 1 03.602 LOCATE /C 37.00 EA 500.00 6 740.00 $57.00 $31,806.00 $45 00 1' 05 t , n VC SDR 35 WYE ' $500.00 $500 00 1 r 0503.602 4 ON 8 P SEWER MH 1.00 EA 674000 $30.00 30.00 $1,. $ 25,545. EXIST. STORM $ 0 15.0 $19, 650.00 $19.50 $ $3 850. 0503.602 CON 00 . TO EX $12. $15,720.0 $ 550. 0 8'• PVC SDAN SEW REPLACE 55 0 :00 LF 8 625.0 03.603 131 5,250 00 OS R 35 S E 0.00 $1,400.00 $750.00 $ 40 SVS PIP $20 $5,000.00 $1,725. $ � 0503.603 9" P S O EXIST WATERMAIN 7 EA CT T . $2,500.00 $1r 00.00 0504.602 CONNECT r" Tin iw VATVE BOX 5.00 EA $500.00 0504.602 �� 6'X6 WET TAP /W VALVE BOX 3.00 EA EA $600.00 $1,600.00 $1,800.00 $6, 400.00_ $1,200.00 $3,000.00 $3,600.00 $12 $1,825.00 $2, 600.00 $5 $10 0504.602 ++ �� W MANHOLE 6 X6 WET TAP / W 4.40 EA $1,700.00 $3,400.00 $3,504.00 $7,000.00 $2,900.00.. $5,800. 0504.602 0504.602 " W MANHOLE 8"X8" WET TAP /W PLUG EX. TEE/ CROSS I WATERMAIN .2.00 14.00 EA $500.00 $7,000.00 $250.00 $2,200.00 $3,540.00 $2, 200.00 $540.00 $1, 600.00 $7,560.04 $1,600.00 0504.602 +� - ENT SEAT GATE /W MH 6 MJ RESILIENT +! GATE VALVE /W BOX 6 MJ RE SEAT 1.00 17.00 EA EA $1 $844.00 $1,300.00 $13,600.00 $604.00 $10,200.00 $495.00 $1,350.00 $8,415.00 $12,150.00 0504.602 0504.602 8 MJ RE SEAT GATE VALVE /W MH 9.00 EA EA $1,600.00 $1 $14,400.00 $15 $2,300.00 $1, 500 , 00 $24,700.00 $19, 500.00 $l, 800.00 $23,400.00 0504.602 0504.602 INSTALL 6" HYDRANT 8 BURY INSTALL SALVAGED HYDRANT 13.00 2.00 EA $600.00 $1,200.00 $750.00 $500.00 $1,500.00 $1,500.00 $3,000.00 $850.00 $270.00 $1,700. $1,620. 0504.602 6 +t HYDRANT EXTENSION 6.00 45.00 EA EA $300.00 $150.00 $1,800.00 $6,750.00 $250.00 $11,250.00 $160.00 $7,200. 0504.602 0504.602 LOCATE/CONNECT EX. WATER SVS 11 CORPORATION STOP 48.00 EA $45.00 $2,160.00 $2,880.00. $75.00 $100.00 $3,600,00 $4,800.00 $27.00 $80.00 $1,296.0 $3,840. 00 0504.602 " URB STOM / W CURB BOX C 48.00 80.00 EA LF $60.00 $14.00 $1,120.00 $17.00 $1,360.00 $16.00 $1,280.00 0504.603 0504.603 4 " DIP CLASS WATERMAIN 4 6" DIP CLASS 52 WATERMAIN 425.00 LF $15.00 $6 $102,150.00 $17.50 $20,00 $7,437.50 $113, 500.00 $18.00 $21.0 $7, 650.00 , 0504.603 8" DIP CLASS 52 WATERMAIN 5675.00 1700.00 LF LF $18.00 $.10.00 $17,000.0 0 $10.00 $17,000.00 $1300 . $22.,100. 00 0504.603 2506.502 �+ COPPER TAP SVS 1 TYPE K BASIN DESIGN 27" CONST. CATCH / 1.00 EA $800.00 $800.00 $27,200.00 $1,000.00 $1,300.00 $1,000.00 $22,100.00 $700.00 $1,450.00 $700.0 $24,650.00 2506.502 4021D BASIN 4021D CONST. CATCH BASIN/ 17.00 2.00 EA EA $1;600.00 $1,000.00 $2, 000.00 $1, 300.00 $2, 600.00 $1 .00 $2, 400.00 6.502 2506.502 CONST. MANHOLE 4' DIA CONST. STORM SEW MfAHNOLE 4' 4.00 E.A. $1,000.00 $4,000.00 $7,200.00 $2,000-00 $2,000.00 $8, 000.00 $12, 000.00 $1, 100.00 $l, 600.00 $4,400.00 $9, 600. 0506.502 0506.503 CONST. 4' SAN. SEWER MANHOLE RE CONST. SAN. SEWER MANHOLE 6.00 22.00 EA LF $1,200.00 $150.00 $3,300.00 $300.00 $300.00 $6,600.00 $6,000.00 $150.00 $285.00 $3,300. $5 2506.522 ADJUST FRAME/ RING CASTING 20.04 EA $165.00 $3,300.00 $150.00 $200.00 $200.00 $ 7500 5.00 0506.602 ADJUST EXIST. GATE VALVE BOX 8.00 CY $33.00 $264.00 $100.00 $800.00 $ 65 . . 00 $520.00 2511.501 2521.501 RANDOM RIP RAP CLASS III 4" CONCRETE WALK 6625.00 SF $1.50 $9,937.50 $2.10 $6.25 $13,912.50 $72, 437.50 $1.90 $6,10 $12,587.50 $70,699.00 2531.501 CONCRETE CURB AND GUTTER 11590.00 1150.00 LF SY $5.25 $23.00 $60,847.50 $26,450.00 $30.00 $34,500.00 $26.50 $30,475.00 2531.5 07 0531. 603 6" CONCRETE DRIVEWAY PVMT 7•' CONCRETE VALLEY GUTTER 240.00 LF $15.00 $3,600.00 $75,040.00 $8.00 $59,300.40 $1,920.00 $59,300.00" $15.75 $47,757,00 $3 $47,757.00 2545. 501 0557.603 ELECTRIC LIGHTING SYSTEM CONST. CSAIN LINK FENCE /POSTS 1.00 150.00 LS LF $75,0 00.00 $6.50 $975.00 $10.00 $15,000.00 $1,500.00 $15,400.00 $12.00 $17,000.00 $1,804. 00 $17,000.0 0563.601 TRAFFIC CONTROL SIGNING 1.00 156.00 LS HR $7,500.00 $20.00 $7,500.00 $3,120.00 $40.00 $6,240.00 $35.00 $5,460. 0563.6 05 0564.601 FLAG PERSON PERMANENT STREET SIGNS /POSTS 1.00 LS $2,000.00 $2,000.00 $6,000.00 $2,500.00 $2 $2,540.00 $5,000.00 $2,600.00 $5,000.00 $2,604.0 $10,000.00 0564.602 2571.541 PA VEMENT MARKINGS TRANSPLANT RREE 60" DIA SPADE 2.00 12.00 EA TR $3,000.00 $200.00 $2, 400.00 $200.00 $2,400.00 $ 425.00 $150.0000 $5 2.50 $1935.00 2573.501 BALE CHECK/CATCH BASIN 17.00 EA $10.00 $3.00 $170.00 $1,200.00 $25.00 $2.50 $1' 004. 00 $ $1,000.00 2 573.502 SILT FENCE /PREASSEMBLED 400.00 18800.00 LF SY $2.00 $37,600.00 $1.35 $25,380.0 0 1.40 $26 r 320.00 2575.505 SODDING TYPE A mwm� mss s ssoessa�a+saassss $1,078,791.50 $1,147,836.00 $1,173,348.75 HELEN STREET RECONSTRUCTION FROM CASTLE AVENUE TO LYDIA AVENUE SAP 151- 262 -01 TOLTZ, KING, DUVALL, ANDERSON SAP 138- 126 -02 AND ASSOCIATES, INCORPORATED SAD 9515 ENGINEERS- ARCHITECTS - PLANNERS CITY PROJECT 95 -18 CITY OF NORTH ST. PAUL, MINNESOTA COMMISSION NO. 10994 BIDS OPENED: MAY 2, 1996 10:00 A.M. ITEM NO. QUANTITY UNIT TOWER ASPHALT, INC. UNIT PRICE EXTENSION VALLEY PAVING, INC. UNIT PRICE EXTENSION ARCON CONSTRUCTION COMPANY, INC. UNIT PRICE EXTENSION 2121.501 MOBILIZATION 1.00 LS $80,000.00 $80 000 00 � $42,000.00 $42,000.00 $60,000.00 $60,000.00 2101.502 CLEARING TREES 27.00 TR $200.00 $5,400.00 $175.00 $4,725.00 $175.00 $4,725.00 2101.507 GRUBBING TREES 29.00 TR $50.00 $1,450.00 $120.00 $3 $175.00 $5,075.00 2104.501 REMOVE CURB (BIT. OR CONCRETE) 7330.00 LF $1.00 $7,330.00 $1.05 $7,696.50 $1.00 $7,330.00 2104.501 REMOVE FENCE 150.00 LF $5.00 $750.00 $2.50 $375.00 $5.00 $750.00 2104.501 REMOVE SEWER PIPE (STORM) 50.00 LF $10.00 $500.00 $6.70 $335.00 $13.00 $650.00 2104.505 REMOVE BITUMINOUS SURFACE 1420.00 SY $1.50 $2,130.00 $1.75 $2,485.00 $1.50 $2,130.00 2104.505 REMOVE CONCRETE WALK 740.00 SY $3.60 $2,664.00 $3.80 $2,812.00 $3.60 $2,664.00 2104.505 REMOVE CONCRETE DRIVEWAY 715.00 SY $3.00 $2,145.00 $3.20 $2,288.00 $3.00 $2,145.00 2104.509 REMOVE RET. WALL 2 1 +50 1.00 EA $500.00 $500.00 $600.00 $600.00 $500.00 $500.00 2104.509 REMOVE RET. WALL /STEPS Q 9 +50 1.00 EA $600.00 $600.00 $700.00 $700.00 $600.00 $600.00 2104.509 REMOVE STONE WALL, @ 17TH 1.00 EA $600.00 $600.00 $700.00 $700.00 $600.00 $600.00 2104.509 REMOVE MH(STORM SEW) /CATCH BAS 17.00 EA $150.00 $2,550.00 $100.00 $1,700.00 $325.00 $5,525.00 2104.509 REMOVE MH (SAN. SEW) /BULKHEAD 4.00 EA $250.00 $1 $670.00 $2,680.00 $520.00 $2,080.00 2104.509 REMOVE MANHOLE (WATER VALVE) 16.00 EA $500.00 $8,000.00 $730.00 $11, 680.00 $390.00 $6 f 240.00 2104.523 SALVAGE HYDRANT 11.00 EA $400.00 $4,400.00 $280.00 $3,080.00 $520.00 $5,720.00 2104.523 SALVAGE GATE VALVE 29.00 EA $100.00 $2,900.00 $110.00 $3,190.00 $195.00 $5,655.00 0104.604 RECLAIM EXIST. BITUMINOUS 18725.00 SY $1.50 $28, 087.50 $1.60 $29,960.00 $1.54 $28 2105.501 COMMON EXCAVATION 20505.00 CY $4.75 $97 $4.73 $96,988.65 $4.58 $93,912.90 2105.525 TOPSOIL BORROW 1000.00 CY $7.75 $7,750.00 $8.50 $8,500.00 $7.48 $7,480.00 2123.501 COMMON LABORERS 40.00 HR $45.00 $1,800.00 $38.00 $1,520.00 $40.00 $1,600.00 2130.501 WATER FOR DUST CONTROL 200.00 MGL $25.00 $5,000.00 $35.00 $7,000.00 $30.00 $6f000.00 2211.501 AGGREGATE BASE CLASS V 8000.00 TN $6.00 $48,000.00 $6.87 $54,960.00 $6.00 $48,000.00 2211.502 AGGREGATE BASE, CLASS III 16850.00 CY $5.50 $92,675.00 $5.40 $90,990.00 $5.21 $87,788.50 2211.502 AGGREGATE BASE CLASS III /WALK 135.00 CY $12.00 $1, 620.00 $13.50 $1,822.50 $12.00 $1, 620.00 2340.508 WEAR COURSE MIXTURE TYPE 41 2010.00 TN $24.00 $48,240.00 $21.00 $42,210.00 $23.00 $46,230.00 2340.508 BASE COURSE MIXTURE TYPE 32B 2685.00 TN $22.00 $59,070.00 $21.00 $56,385.00 $20.85 $55,982.25 2340.518 BIT. MIX DRIVEWAYS /TYPE 41A 190.00 TN $40.00 $7,600.00 $54.00 $10,260.00 $38.00 $7,220.00 2357.502 BITUMINOUS MATERIAL /TACT{ COAT 1120.00 TA $1.00 $1,120.00 $1.30 $1,456.00 $1.00 $1,120.00 2411.507 CONSTRUCT CONCRETE STAIRWAY 1.00 EA $600.00 $600.00 $900.00 $900.00 $800.00 $800.00 0412.604 MODULAR RETAINING WALL 1635.00 SF $20.00 $32,700.00 $15.20 $24,852.00 $18.00 $29,430.00 2501.515 24" RC PIPE .APRON 1.00 EA $750.00 $750.00 $930.00 $930.00 $570.00 $570.00 2503.511 4" PE PIPE DRAIN 11440.00 LF $3.00 $34,320.00 $3.15 $36,036.00 $3.00 $34,320.00 2503.5114" PIPE SWER, PE SDR 11 330.00 LF $20.00 $6 $26.00 $8 $27.00 $8, 910.00 2503.511 12" RC PIPE SEWER CLASS V 155.00 LF $50.00 $7,750.00 $28.85 $4,471.75 $31.00 $4,805.00 2503.511 15" RC PIPE SEWER CLASS V 120.00 LF $55.00 $6,600.00 $28.85 $3,462.00 $33.00 $3,960.00 2503.511 18" RC PIPE SEWER CLASS V 139.00 LF $56.00 $7,784.00 $29.65 $4,121.35 $36.00 $5,004.00 2503.511 24" RC PIPE SEWER CLASS IV 16.00 LF $60.00 $960.00 $36.65 $586.40 $44.00 $704.00 0503.601 TELEVISE SAN. SEWER MAINS 1.00 LS $2,000.00 $2,000.00 $3,100.00 $3,100.00 $4,000.00 $4,000.00 0503.602 RECONNECT EXIST. OUTSIDE DROP 1.00 EA $500.00 $500.00 $1,100.00 $1,100.00 $670.00 $670.00 0503.602 LOCATE /CONNECT EXIST SAN SEW 37.00 EA $150.00 $5,550.00 $420.00 $15,540.00 $140.00 $5,180.00 0503.602 4" ON 8" PVC SDR 35 WYE 37.00 EA $150.00 $5,550.00 $65.00 $2,405.00 $275.00 $10,175.00 0503.602 CON. TO EXIST. STORM SEWER MH 1.00 EA $750.00 $750.00 $820.00 $820.00 $310.00 $310.00 0503.603 8" PVC SDR 35 SAN SEW REPLACE 558.00 LF $52.00 $29,016.00 $52.50 $29,295.00 $84.00 $46,872.00 0503.603 4" PVC SCH 40 SVS PIPE 1310.00 LF $18.00 $23,580.00 $15.00 $19,650.00 $24.55 $32,160.50 0504.602 CONNECT TO EXIST. WATERMAIN 7.00 EA $500.00 $3,500.00 $1,250.00 $8,750.00 $770.00 $5,390.00 0504.602 4 "X4" WET TAP /W VALVE BOX 5.00 E,A $1,650.00 $8,250.00 $1,860.00 $9,300.00 $1,200.00 $6,000.00 0504.602 6 "X6" WET TAP /W VALVE BOX 3.00 EA $1, 750.00 $5 0$04.602 6 "X6" WET TAP /W MANHOLE 4.00 EA $2,500.00 $10,000.00 0504.602 8 "X8" WET TAP /W MANHOLE 2.00 EA $2,750.00 $5,500.00 0504.602 PLUG EX. TEE /CROSS /WATERMAIN 14.00 EA $500.00 $7,000.00 0504.602 6" MJ RESILIENT SEAT GATE /W MH 1.00 EA $1,500.00 $1,500.00 0504.602 6" MJ RE SEAT GATE VALVE /W BOX 17.00 EA $450.00 $7,650.00 0504.602 8" MJ RE SEAT GATE VALVE /W MH 9.00 EA $1,250.00 $11,250.00 0504.602 INSTALL 6" HYDRANT 8' -0" BURY 13.00 EA $1,700.00 $22,100.00 0504.602 INSTALL SALVAGED HYDRANT 2.00 EA $800.00 $1,600.00 0504.602 6" HYDRANT EXTENSION 6.00 EA $250.00 $1,500.00 0504.602 LOCATE /CONNECT EX. WATER SVS 45.00 EA $150.00 $6,750.00 0504.602 1" CORPORATION STOP 48.00 EA $25.00 $1,200.00 0504.602 1 CURB STOM /W CURB BOX 48.00 EA $75.00 $3,600000 0504.603 4" DIP CLASS 52 WATERMAIN 80.00 LF $15.00 $1,200.00 0504.603 6" DIP CLASS 52 WATERMAIN 425.00 LF $17.00 $7,225.00 0504.603 8" DIP CLASS 52 WATERMAIN 5675.00 LF $19.00 $107,825.00 0504.603 1" TYPE K COPPER TAP SVS 1700.00 LF $12.00 $20,400.00 2506.502 CONST. CATCH BASIN/ DESIGN 27" 1.00 EA $650.00 $650.00 2506.502 CONST. CATCH BASIN /4021D 17.00 EA $1,350.00 $370.00 2506.502 CONST. MANHOLE 4' � DIA 2.00 EA $1, 100.00 .$22,950.00 $2, 200.00 2506.502 CONST. STORM SEW MA.HNOLE 4' 4.00 EA $1,000.00 $4,000.00 0506.502 CONST. 4' SAN. SEWER MANHOLE 6.00 EA $1 $9,000.00 0506.503 RECONST, SAN. SEWER MANHOLE 22.00 LF $140.00 $3,080.00 2506.522 ADJUST FRAME/RING CASTING 20.00 EA $300.00 $6,000.00 0506.602 ADJUST EXIST. GATE VALVE BOX 1.00 EA $150.00 $150.00 2511.501 RANDOM RIP RAP CLASS III 8.00 CY $50.00 $400.00 2521.501 4" CONCRETE WALK 6625.00 SF $1.95 $12,918.75 2531.501 CONCRETE CURB AND GUTTER 11590.00 LF $5.65 $65,483.50 2531.547 6" CONCRETE DRIVEWAY PVMT 1150.00 SY $22.40 $25,760.00 0531.603 7" CONCRETE VALLEY GUTTER 240.00 LF $9.50 $2,280.00 2545.501 ELECTRIC LIGHTING SYSTEM 1.00 LS $45,257.00 $45,257.00 0557.603 CONST. CHAIN LINK FENCE /POSTS 150.00 LF $5.00 $750.00 0563.601 TRAFFIC CONTROL SIGNING 1.00 LS $12,000.00 $12,000.00 0563.605 FLAG PERSON 156.00 HR $25.00 $3,900.00 0564. 601 PERMANENT STREET SIGNS /POSTS 1.00 LS $2, 300.00 $2, 300 0564.602 PAVEMENT MARKINGS 2.00 EA $2,500.00 $5,000.00 2571.541 TRANSPLANT RREE 60" DIA SPADE 12.00 TR $200.00 $2,400.00 2573.501 BALE CHECK /CATCH BASIN 17.00 EA $5.00 $85.00 2573.502 SILT FENCE /PREASSEMBLED 400.00 LF $2.00 $800.00 2575.505 SODDING TYPE A 18800.00 SY $1.50 $28,200.00 $1,175,154.50 $1, 980.00 $5,940.00 $1,300 .00, $3,900.00 $3,100.00 $12, 400.00 $2,220.00 $8,880.00 $3, 650.00 $7, 300.00 $2 $4,840.00 $185.00 $2,590.00 $230.00 $3,220.00 $2,100.00 $2,100.00 $2,070.00 $2,070.00 $600.00 $10,200.00 $510.00 $8,670.00 $2 $20 $2 $19,980.00 $1, 870.00 $24,310.00 $1,670.00 $21,710.00 $530.00 $1,060.00 $850.00 $1,700.00 $335.00 $2,010.00 $265.00 $1,590.00 $210.00 $9,450.00 $155.00 $6 $63.00 $3,024.00 $28.00 $1,344.00 $110.00 $5,280.00 $160.00 $7,680.00 $30.00 $2,400.00 $30.35 $2,428.00 $31.00 $13,175.00 $27.10 $11,517.50 $22.50 $127,687.50 $25.90 $146,982.50 $11.50 $19,550.00 $22.75 $38,675.00 $1,000.00 $1,000.00 $860.00 $860.00 $2 $35,700.00 $1,605.00 $27,285.00 $1,100.00 $2,200.00 $1,060.00 $2,120.00 $1, 700.00 $6,800.00 $2,030.00 $8,120.00 $2,100.00 $12,600.00 $2,030.00 $12 $283.00 $6,226.00 $230.00 $5,060.00 $285.00 $5,700.00 $370.00 $7,400.00 $300.00 $300.00 $125.00 $125.00 $85.00 $680.00 $55.00 $440.00 $1.90 $12 $1.80 $11,925.00 $5.90 $68,381.00 $5.73 $66,410.70 $23.00 $26,450.00 $20.55 $23 $35.00 $8,400.00 $30.00 $7,200.00 $48,000.00 $48 $46,000.00 $46, 000.00 $3.85 $577.50 $25.00 $3,750.00 $9,100.00 $9,100.00 $10,000.00 $10,000.00 $32.00 $4 $40.00 $6, 240.00 $2, 800.00 $2, 800.00 $2, 300.00 $2, 300.00 $2,500.00 $5,000.00 $2,250.00 $4,500.00 $175.00 $2,100.00 $400.00 $4,800.00 $36.50 $620.50 $40.00 $680.00 $3.50 $1,400.00 $3.00 $1,200.00 $1.45 $27,260.00 $1.50 $28,200.00 $1,224,304.15 $1 029.85 f To A e INC. 2370 Highway 36 NORTH 3T. PAUL, MINNESOTA 55109 Telephone 777-1313 Tennis Courts Not Mix — Wholesale and Retail Landscape Rock era � Bituminous Surfacing and Oiling Salt Sand Crushed Rock and Grave! May 2 1996 Mr. Dave Kotilinck,City Engineer 2526 E 7th Avenue No, St, Paul, MN 55109 RE: HELEN STREET RECONSTRUCTION PROJECT CITY PROJECT NU. 95 -18 Dear Mr. Kotilinek: I am writing to follow up our discussion follow ins the bid opening for the above proj ect. At that time, we examined the ap parent ' PP nt low bidder' bid together and discovered that the bidder had failed to attach the addenda as required by the bidding instructions The failure to attach the addenda made the apparent low bidder's bid nonresponsive and It can not be considered. Thi failure placed the nonresponsive bidder in the position where it could repent its bid if upon bid opening, it discovered it had bid too low and would lose o the job giving that bidder an unfair advantage over a ov bidde m the other s on The failure to require strict responsiveness to the bidding r equirements quiremen is impairs and undermines that competitive bidding process and, therefore, the competitive bidding laws are intended to divest ubli . power t� award. P c off who have the P ard. contracts of discretion in deciding whether or not to reject bids which tail to comply with the bidding requirement As a result of the competitive bidding aws q s public officials icier] s have no authority to waive bid defects which affect competitive bidding in this way. ? respectfully request that you reject the nonresponsive bid. , Schitsky & Sons, Inc. will strong T A protest any effort to award the contract to this nonresponsive bidder, Including seeking an injunction against the award of the contract to and e p rform8 of the contract by, this nonresponsive bidder. Sincerely, A Gerald Wri g � cc: Bill Sandberg, Mayor City Council Members Mr. Tom Prew, TKDA 1 FABYANSKE SV0130DA, WESTRA &HART A PAOFEssIoNaL AssocaTIoni B. C. HART M. T. FABYANSKE GERALD L SVOBODA MARK W. WESTRA JEREMIAH J. KEARNEY DENNIS J. TROOIEN SCOTT LLOYD ANDERSON PAUL L RATELLE GREGORY T. SPALJ DEAN 8. THOMSON GARY C. EIDSON CARRIE A. GREEN KYLE E. HART JUDITH E. KROW SUITE 1100 920 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612- 338 -0115 TELECOPIER 812- 338 -3857 HOLLY A. R. HART STEPHEN A. MELCHER RICHARD G. JENSEN THOMAS J. TUCCI CHARLES G. CARPENTER IN MARY SUE M. VORBRICH MICHAEL J. KINZ'MR JOCELYN L KNOLL STEVEN C. COX JULIE A. DOHERTY JAYNE E. GARDNER MARK A. MORTENSON May 6, 1996 VIA MESSENGER The Hon. Bill Sandberg, Mayor 2526 East 7th Avenue North St. Paul, MN 55109 Re: Award of Bid for Helen Street Reconstruction Project SAD 9515, City Project 95 -18 . Dear Mayor and City Council: DWIGHT G. RABUSE I am writing on behalf of T.A. Schifsky & Sons, Inc. in response to .Mr. Prew's May 3 letter. I cannot agree with Mr. Prew's interpretation of the following bidding requirements: " All addenda shall become a part of the bid and shall be submitted with the bid. The Contractor shall insert addenda numbers in the space where indicated in the Proposal P p Form. " According to Mr. Prew, attachment of the pages of the addenda is an unnecessary informality. The preceding excerpt, however, clearly sets forth two separate requirements with regard to the addenda: (1) submit the addenda with the bid; and (2) insert the addenda numbers on the bid form. It is impossible to read the above bidding requirements as not requiring that the addenda be submitted with the bid. If the bidding requirements did not intend that the addenda be attached, they should not have specifically required that the addenda be attached. Mr. Prew's after- the -fact speculation as to whether the failure to attach the addenda ought to be considered an informality is exactly the type of discretion that the competitive biddin g laws were designed to preclude. A fundamental purpose of competitive bidding is to deprive or limit the discretion of contract - making officials in the areas which are susceptible to such abuses as fraud, favoritism, improvidence, and extravagance. Any competitive bidding May .6, 1996 Page 2 procedure which defeats this fundamental purpose, even though it be set forth in the initial proposal to all bidders, invalidates the construction contract although g subsequent events establish, as in the instant case, that no actual fraud was present. Telep hone Associates Inc. v. St. Louis Coun Board, 364 N.W.2d 378 381 Minn. 1985),quoting Griswold v. County, of Ramsey 242 Minn. 529, 536 65 N.W.2d 647 652 (1954). When a bidder fails to submit all the documents and information required by the biddin requirements, the bidder does put itself in a position where �t may attempt to withdraw its bid, giving it an unfair advantage over other bidders. Carl Bolander & Sons Co. v. i C tv of Minneapolis 451 N.W.2d 204, 207 (Minn. 1990). Since, in this case, the low bidder is apparently willing to accept an award of the contract, we will never know what might hav happened had It sought to withdraw its bid. That is the same situation faced by the parties in Carl Bolander & .Sons v City_ of Minnea, Dols The issue is not whether the low bidder in such cases is ultimately able to withdraw its bid but, rather, whether the low bidder has put itself a position where it may attempt to withdraw its bid. Clearly, in cases where the second low bidder is protesting, the low bidder has no resent intention of withdrawing its bid. . P g Mr. Prew is urging you to engage in speculation as to whether the low bidder's attempt to withdraw its bid would be successful. I am confident that you and the City Council would make that decision in a completely forthright manner. However, these circumstances present the potential for an improper exercise of discretion which cannot be countenanced b the . Y competitive bidding laws. The very purpose of requiring competitive bidding is to divest the officials having the power to let contracts of discretion .... [L]aws requiring competitive bidding as a condition precedent to the letting of public contracts ought not to be frittered away by exceptions, but, on the contrary, should receive a construction always which will fully, fairly, and reasonably effectuate and advance their true intent and purpose, and which will avoid the likelihood of their being circumvented, evaded, or defeated. Stem insistence upon positive obedience to such provisions is necessary to maintain the policy which .they uphold. It is not necessary to show fraud or such other wrongdoing. Failure to co with . PY requirements of the charter as to competitive bidding compels decision that the bid, the attempted modification of it, and the award of the contract on the bid as modified were void. To hold otherwise would "emasculate" ... the charter requirements for competitive bidding. Coller v. City of St. Paul 26 N.W.2d 835, 841 -42 (Minn. 1947). May 6, 1996 Page 3 In conclusion, I urge you to reject the non - responsive bid in observance of the strictures of the competitive bidding laws. Sincerely yours, p n A. Melcher SAM /p j o cc via messenger City Council Members: Karen Sandberg Drogt Harry Lyon Mike Kuehn Leon Lillie Mr. Tom P rew, TKD A Mr. Dave Kotilinek, City Engineer Mr. Jerry Wright ADDITIONAL INFORMATION FOR AGENDA ITEM 1-1 AGENDA REPORT TO: City Manager FROM: City Engineer SUBJECT: TH 61 Water Main Project 95 -17- Assessment Appeals DATE: May 16, 1996 One assessment objection was received concerning three parcels on this project. The appeal was submitted b Gerald C. Mo ren. The three parcels and the proposed PP Y g as are as follows: Parcel 03- 29 -22 -23 -0005 03- 29 -22 -23 -0007 03- 29 -22 -23 -0009 Proposed Assessment $26,588.74 24,840..00 . 12.311.95 $63,740.69 The objection is based on two reasons. Water main does exist along the south side of the g olf course on the north side of Beam Avenue. The property, however, was never assessed for this water main and, therefore, a cash connection charge would be collected if a connection was ever made to the water main. Technically watex-is_._______ available but only after the cash connection charge is paid to the city. The second objection relates to access on Highway 61. There currently is an access for the home on one of the P arcels and the golf course maintenance building from Hi hwa 61. The city cannot guarantee that access will be allowed from Mn /DOT for g Y Y different development in the future. It should be noted, however, that several of . the p parcels would be landlocked if they were not provided access to Highway 61. It would be unusual for Mn /DOT to deny access in that situation. Based on this information it is recommended the city council make no adJ justment to the proposed assessment for the listed parcels. p p KGH jC ASSESSMENT HEARING APPEAL FORM PROJECT NO. 95 -17, TH 61 WATER MAIN Address of assessed parcel Property identification number: e9 .3 cZ (12 digit number) Do you wish to address the city .council tonight? Yes No Please complete this form if you intend to appeal to the city council . to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. (_) Deferral of assessment b. (_) Senior Citizen deferment (over 65 years of age) C, Cancellation of assessment d. (_) Revision of assessment Reason for the request: if �► r� lJc' /1� ,4 a re- A i ♦ _ C- �� I a Print Name Signature U Date /0 ( 17 1 I ...) -�, Address of Property Owner Zip Telephone X 01'. A TO: City Manager FROM: Tom Ekstrand — Associate Planner SUBJECT: CUP Conditions Review Menards LOCATION: 2280 Maplewood Drive DATE: May 2, 1996 INTRODUCTION Action by Council* Endorse Modif ie Rejecte Date On March 25, 1996, the city council revised the Menard's conditional use permit (CUP) to allow a temporary seasonal greenhouse west of the storage yard. While discussing this request, the council raised several issues about the Menard's CUP. These issues were related to the fence, engines, noise, fumes, parking and Cross traffic between Menards and the adjacent fuel station. BACKGROUND March 25, 1996: The city council revised the Menard's CUP and expressed concern Over several issues as stated above. April 8, 1996: The city council again reviewed the Menard's CUP because of. Concerns from a local greenhouse operator. The council Consequently changed two conditions from their March 26 motion. Refer to the current conditions in the minutes on pages 5 -8. DISCUSSION Staff has notified the manager of Menards and also Ms. Deb Forbes, the neighbor at 1071 E. County Road B, that the council will discuss these items on May 20, 1996. Ms. Forbes was present at the March 25 meeting and expressed the concerns noted above. p:sec9\menards4.cup Attachments: 1. Location Map 2. Property Line I Zoning Map 3. Site Plan 4. CUP Conditions dated April 8, 1996 Attachment 1 0 •, a. •, ' `''' P 2. 1. SUMMIT CT. 2. COUNTR'YVIEW CIR. 3 3. DULUTH CT. 6 Z� C p 4. LYDIA ST. c BEAM v. •. �- , n • �E ,. U BEAM 2880N •.•.' ck .' . C) O / 4 O INC < 2 •.. �, // Kohimon Q q • Gervis' ! \Loko LLJ Lake , • KOHLMAN AV E t; 'COUNTY ROAD C 2640N r Q 1 PLAZA CIR �•� ` \ rN M S� N 2 ALVARAJO oR Cr PALM I hir+� �� t"_ 2 3 BEILECRE57 DR . , • CV . 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AN v �* RY AN 7 Cr 1 0 �� j 2 o c uj To 'IRNON AV Ewa+ �- w i < ! c ROSE PW* LA a , 6 2, FROST o I o AYE. BELLWOOG AVE W 1 Cr FE i NTON AVE. z z ' 0 :n : O ° o <t Z I �^ IS WIER . Av E. . SUMMER 0 <♦ 3 W o ' < . < ,. .. ° CT. N z i 2 3; _ : ,i� �GOR� D ON I FRISBIE A JE. Z T e LOCATION MAP .� 2 N Attachment 2 e t % a� e� O „ L i s . ` > • _� F4 ` -- - - — HIGHWAY -a HIGHWAY = , - E Q r 1. 41 Z fee 1 p :tiff: "• e t . x•. r.: 5: ::::::::•'.:' .::::::::::::::•.. t. 1 :tif.l �•. �::�:�:�:� :ti tiff•:...........•.• 1• 'f ............... a O , r — tiv.•: ♦•w t r rw�nrrrr.- s C ..r r1•. Ow . ♦ Y • . •: r'r:•. C ti •: r.. ::•r G h t SSS. P v. v.• Q' :�':'ti�•ti•:': tiff•:'• '•'•': {ti':':':' }:�:� ✓:�:� }:�: . � ♦•�••� .............. N D S � 4 3 � ........................... N i : 7• • r.•: •.• . f • r�♦111 1 n � ... . z R r N :tiff•: : i % Z Z 4 �.•- .v . 4 / v:ti . •r 1 r. c r.% I i f `^ 11 v ii" c•':�: 1 S 14 :.::.:.:.. .. 2255 1 1 r •: ti� :•r.. . ..x:. • �.o 4.0 r. r P r 1 :•:ti•: • 1 Ti a EDEN _5 { e 1, 0 1 ar- 1 .+c I f 1 s 5.: C, I A- 41 **4wop 44 aet 4 t I Jew 15v o - --�—�- 10 - _ -., 1115 112 7, 1143 l6) ,5 s L 1071 _j* \v 1101 41 .� Cc t 43 1 1477 en 5 WIN El ®� --,. -- — COUNTY ROAD B ----,� .. ^ •�, '' � _ � - � '�- �. ��•5 ,fi � T , _�� o - -- - .._ '1108 1112 1128 » -r 10 76c. 49ec 49<<c r 1 -� t�t_ , � p 3�,. 113 Z �,�. F ' ; �.� ..�. _ = (� 116 p 1174 i 1.5 Lid .�� ` - -- �� ,• ~ �`�, • �l 19.3 '�' � � =s � ! :. � � ` 1 5 �?i Q - :. � � � S G * .�`3` � o� ' 93ac . . 33 ac • i. PROPERTY LINE /ZONING MAP 3 R - m G .. R . i I'TW lo Matz' O MENARDS Q� t M ENARDS OUTSIDE - 10 `- STORAGE YARD 1 - ♦ w.. Soft ...e, i -- _ -- ... rr `r% .+�. X14 ' GREENHOUSE ..dM ......•� a • ......«. 14' 10 k �t �►� war w w w +� . 8 8 14 EXISTING WOODEN SCREENING -FENCE 8110, FENCE HEIGHTS & 14' JAN Q 8 1996 �TG'uL"J a l A SITE PL AN F n 1� 4 N 4 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 8, 1996 Council Chambers, Municipal Building Meeting No. 96 -07 7. .Reconsideration Request -Gary Speiss a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to reconsider Resolution (96- 03.44) adopted on March 25. V of Echo Lake Greenhouse to operate a tempo Seconded by Councilmember Koppen Attachment 4 Ayes •.Mayor Bastian, Councilmembers Koppen, Rossbach Nays - Councilmembers Allenspach, Carlson 4.8 -96 5 C9 6.� Spiess, 2464 Maplewood ewood Drive, appe before the Council. objecting n to the � p P PPe 9 ,approval of a temporary greenhouse at 2280 Maplewood Drive, d. Mayor Bastian moved to sus end the Conditional Use Permit Resolution 96 03 -44, and hear 2roponents and /or oDDOnents, Seconded by Councilmember Koppen eyes Mayor Bastian, Councilmembers Carlson, Koppen, Rossbach Nays Councilmember Allenspach N e. Greg Stachowiak, Echo Lake Greenhouse appeared before the Council. f. Councilmember Rossbach moved to amend the conditions in the original Conditional Use Permit as follows: LQ 5 Condition 10 to read: *The owner or operator shall provide t �a proof of all state and local permits required, valid and displayed." Condition 12 to read: "The greenhouse structure shall be temporary. The owner or operator shall remove the greenhouse after each three -month season. Owner shall designate on a sign where majority of products are grown." Seconded by Councilmember Koppen Ayes - all g. Councilmember Rossbach introduced the following Resolution and moved its adoation: 96 - 04 - 52 AMENDED CONDITIONAL USE PERMIT WHEREAS, Greg Stachowiak of Echo Lake Greenhouse is proposing changes to a conditional use permit. The changes include adding a temporary greenhouse west of the existing outdoor storage yard at 2280 Maplewood Dave. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF. HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF SL OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this Conditional Use Permit is as follows: 1. On March 4, 1996 the Planning Commission recommended that the City Council approve this permit. 2. On March 25, 1996. the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission, 6 4 -8.96 i i'OW THEREFORE, BE IT RESOLVED that the Ci Council a .�1 Y ap the above- des "nibed 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 Pe and Code of Ordinances. Z. 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, dist urbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dusts odor, fumes, water or air ollution, drainage, water run- oft vibration, general unsight iness, 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. Adherence to the site plan dated March 15, 1988, and the greenhouse plan. dated January 8, 1996, unless a change is approved by the City's Community Design Review Board, The Director of Community Development may approve minor changes. 2. Compliance with the following screening-fence requirements: a) The property owner shall continue to have, and keep in a maintained condition. .wooden screening- fences as follows: 1) An eight - foot -tall fence running north -south on the west side of 1071 County Road B. This section of fence shall have :no parking" signs displayed. 2) An eight-foot-tall fence running east -west from the northwest corner of 1071 County Road B to the northwest corner of 1101 County Road B. 3) A 14- fence behind 1141 and 1115 County Road 6; also along the west lot line of 1115 County Road B where it abuts Menard's. 4) A 14- foot -tall fence along the west side of the outside storage yard. 7 4 -8 -96 5) A 10- foot -tall fence along the remaining south .property line of Menard's and northerly along the east lot line to - the point where the property jogs to the east. b) No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B. shall extend above the 14- foot -tall fence. c) No more than 2.1/2 feet of the 17-1/2-foot-tall storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d) Menard's shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard shall be limited to 7:00 A.M. to 10:00 P.M. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The City Council shall review this permit in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menard's shall store all their materials within the fenced storage area. Plant displays shall be permitted outside the greenhouse. 9. Sanitation facilities shall be provided by Menard's for the employees. The ner or operator shall et a building permit annually for � � o � the eenhouse� get 11. Greenhouse hours of operation shall coincide with those of Menard's. Q ' 129 The enhouse structure shall be temporary. The owner or oper or shall remove the greenhouse after each three -month sea n Seconded by Counciimember Koppen Ayes - all u ADDITIONAL INFORMATION FOR AGENDA ITEM 1 -3 AGENDA REPORT TO: City Manager FROM: city Engineer SUBJECT: Century Avenue North of Highwood Sanitary Sewer, Project 95 -11 Schedule Public Hearing DATE: May 16, 1996 Several questions were raised at the last city council meeting concerning his project. g p J This memo is intended to provide additional information. The first question concerned alternatives to the project as proposed in the feasibility study.. On the Woodbury side there are alternatives to the proposed project. One alternative alignment was investigated in the feasibility study. The alternative alignment routed the sanitary pipe behind the homes on the Woodbury side of Century Avenue and then along the future west frontage road. This would provide gravify sanitary service to the homes in Woodbury but would not provide service to the homes on Century Avenue in Maplewood. According to the feasibility study there is not a significant difference in the cost for the project using this alternative alignment. If Woodbury wanted to serve its undeveloped area and ignore the residential property along Century Avenue, they do have service available through an existing list station adjacent to 1-494. There was no cost estimate performed for this option. On Maplewood's side there are also alternatives for service. The city's sanitary sewer plan shows a gravity line extending south on Century Avenue from the project area. This option is technically feasible, however, relatively expensive since the depth of cut approaches 30 to 40 feet. No cost estimate has been performed for this option. Another option for Maplewood would be to install a lift station near the corner of Highwood and Century Avenue. Again, this option is technically feasible and indeed may have an initial cost that is somewhat attractive. The city, however, takes on a continuing maintenance cost not only for electricity to operate the station, but the on- going personnel cost of inspecting the station on a daily basis. Maplewood has, in the past, visited every lift station on a daily basis through the work week. This lift station would be approximately five or six miles from the next closest lift station. Considering travel time and inspection time, a two person crew would expend several hundred Project 95 -11 2 May 16, 1996 hours a year visiting this station. It seems unreasonable for the city to get into this kind of a situation if there are reasonable alternatives. Considering the project as proposed, the estimated project cost for Maplewood is $469,120. The May 13, 1996, financing proposal shows a $10,195 per unit assessment for single - family dwellings and area assessments for undeveloped property. The proposed single- family assessments include $2,000for sanitary sewer and water area charges. In the past, these types of costs have been paid through the sewer fund and water fund on Maplewood projects. If the city were to use that financing tool in this case, the per unit assessment for single - family homes would be reduced to $8,195. In order to further reduce the assessments to single-family g Y properties, the council may want to consider increasing the area charge assessed to the undeveloped property. This would transfer financial responsibility onto developer property as opposed to single family. Staff would appreciate some direction on this concept. The original request on the agenda was to schedule a public hearing for June 10. Rather than try and rush the process, it is requested that the city council consider setting the hearing for June 24 at 7 p.m. This will give staff time to prepare a more formal financing proposal and hold neighborhood meetings with the Maplewood residents. KGH jC ive Aotion by C ounci l AGENDA REPORT Endorsed Mo difie d na Rej ecte d To. City Manager Michael McGuire g Chief of .Police Kenneth V. Collins Date From: Subject: Personal Service Ordinance - Therapeutic Massage (Second Reading) Date: May 15, 1996 Introduction On May � P y Ma 13 the M City Council approved the first reading of the Personal Service Ordinance, Chapter 24 of the Municipal Code. Background The Cit y Council made recommendations for several changes in the Ordinance p rior to its second reading. These changes are as follows. 1. Section 24 -2 Definitions-Recognized School - Change the name of the agency and the minimum number of hours required for training. 2. Added to Sections 24 - 3, 24 - 43, and 24 - 90, Penalties - To provide penalties for each article in the Chapter. 3. Section 24 -36, Prohibited Activities - Added sentence providing rovidin additional penalties for violation of this Section. Recommendation It is recommended that the second-reading. of Chapter 24, Personal Service Licenses: Business and Individuals, be approved. Action Required Submit to City Council for their review and approval. KVC :js Attachments To From: Subject: Date: AGENDA REPORT tt�; f1e = Re j ecto " f e Ci Manager Michael McGuire Chief of Police Kenneth V. Collins Personal Services ordinance - Therapeutic Massage May 8, 199.6 Introduction • deals with Chapter 24 of the Municipal pal Code that personal services, including d p sae i s bei revised. The last revision was in 1978. ,therapeutic massa g Background o rdinance has been The personal services o changed by removing obsolete 9 terminol o gy, g addin new terminology, and restructuring the layout of the ordinance. The following i d e n t i f i e s specific changes to the ordinance: 1. Chapter Title The title of the chapter was changed to emphasize the existence of two license categories. One is for business premises and the other is for individual practitioners. 2. Articles and Divisions - Add separate divisions to Article 1 to address escort services, massage centers, and saunas and bathhouses* By organizing the information under 9 der these subject headings, n s , i t is easier to locate information on a particular business* 4 -1 Purpose of the Chapter 3. Section 2 ter - This section was p P rewritten to better identify the regulated activities. 4. Section on 24 -2 , Definitions - Adds definitions for bathhouse, outcall service, massage therapist, and sauna or bathhouse attendant. It drops definitions of rap and massage. 5. Sections 24 -10 through 24 -13, Division 1, Escort Services.- This section introduces specific requirements for the operation of an escort service. The basic intent of the sections in this division is to ensure that escort services are operated in a manner consistent with public health and This preventing the use of escort services safety. Thi s i ncl udes pre g as a front for prostitution, drug and numbers rackets, and other types of organized crime. It also ensures that in the public health emergencies, escort clientele can be event of p 9 readily i.. dent i f i ed and tra ced - through 24 -19 6. Sections 24 16 thr ug * Division 2, Massage Center , This section on p erforms the same function for massage parlors that Division 1 P rovides for escort services. It differs from Division 1 in that a customer register and massage photos are only therapist p y for outcall service. 4 70 Sections 24 - 22 through h 24 -23 Division 3, Saunas and Bathhouses - Performs the same function for these business premises that Division 2 provides for on- premise massage. Section 24 - 26, License--Required; uired; and Same -- Exception - 8. The content of this section was simplified, clarified, and divided into two separate sections. 9 9. Sections 24 -28 through 24 -42 - These sections include the remainin g sections of Division 1 of the existing ordinance. Th e y have been renumbered to put them in a more logical order. 0. Section 24 -30, Patrons to be Clothed, Etc. - This language 1 . was dropped since it is vague and is also inappropriate ate pp for bathing and therapeutic situations. It was replaced by Section 24 -36, Prohibited Activities. 11. Section 24 -37 Personal Service License to be Carried - T h i s section was modified to allow the City the option of issuing a picture ID to personal service license holders. 12 Section 24 -40, Investigative Fee - This section has been expanded to clarify the purpose and process involved. w 13. Section 24 -49, Insurance - This section was removed from the ordinance. 14. Section 24 -51 - This section introduces requirements for designated p esi nated remises manager at licensed business premises. Cl othing Re uirements - This section 15 Section 24- C1 g q • requir that establishes the requ�r personal service l icense p workers be appropriately clothed 16. Article III • , Licensed Premises - This simpl i fi.es the existing or dinance b inco appropriate references to Uniform Bui lding Codes and industry standards. Recommendation ' f Chapter It is recommended that the first reading ter 24, Personal Service o p Licenses: businesses and Individuals, be approved. Action Re quired r Submit to Cit Co uncil 1 for their review and approval. KVC i s Attachment Chapter 2.4 PERSQNAL SERVICE LICENSES: jj . USINESSES AND INDBMI3ALS Art. I. In General, §§ 24-1.- 24 -19 Div. 1 Escort Servicej § 24 -10 -- 24 -15 Div. Z Massage Center. § - 24-16- - 24 -21 Div. 3 auna/Bathhouse. §§ 24 - 22 -- 24 - 25 Art. II. Licenses, §§ 24- 26- -24 -80 Div. 1. In General 24 -26 — 24 -49 Div. 2. Business Premise License._ § 24-50 — 24-64 Div. 3. Personal Service License. .§ 24 -61 - 24-80 Art. III. Licensed Premises, §§ 24 -81 - 24 -90 ARTICLE I. IN GENERAL Sec. - 24 -1. Purpose of chapter. The ur ose of this chapter is to regulate, within the limits of the city, p p p roviders of ersonal services escort services; massage centers; sa nn �as and bathhous and similar social recreational and thera eutic activities The movisions of this Chapter shall not a 1 to the incidental rovision of such services bv athletic -- lodging, recreational relLgious, or social or anizatigns upon their registered premises. For the ourpose of this Chapter "incidental provision" shall mean that the cost of _ providing such facilities and an income q enerated from their use hall re r e ent s5 than fifteen M 5) g ercent of the aross revenues generated by such oraanization at such premises Sec. 24 - 2. Definitions. The following words, terms and phrases shall have the meanings respectively ascribed to them for the purposes of this chapter: p Y Bathhouse: Premises rovidin members of the ublic or a private club with - bath i ng a nd ersonal cleansina facilities for hvaienic, therap restorative, or social purposes on a commercial basis. Cross reference. -- Rules of construction and definitions generally, § 1-41 et seq. 1 § 24-2. l ed to provide companionship, attendance, or ,�scorf; A person em p p ov accompaniment to another for social or recreational gur ores • h which E scor t Service: Premises at, or through , escort is advertised, public or a private club. For the members of the offered, or provided for, p ur ose of this Chap ter , a ra arlor is classified as an on escort service Premises in, or u pon which, massage is offered or Massage cen ter. p performed for members of the public or of a private club. M assa a Thera ist: T h e recipient of a massy a degree or certificate from a reco g nized school who holds a current ersonal service massage l i c ense issued ursuant to the re irements of this Cha ter. � conduct or to significantly art ici ate in Operate; To own, manage or co y the ownersbip. ma na ement or conduct of a business enter rise or service re ulated under this Cha ter ' escort massy e them ist or other O utcall ,Service: Provision M an licensed ersona l service rovider at a location other than a licensed ersonal service business premise. person An natural p erson, corporation, firm, partnership, or . y p association. Rap parlor. A commercial enter rise hostin wide -ran in verbal conversation between its em to ees and members of the public - or a o rivate club. Recognized schoah Adegree or certificate - producing massage 1 2 rogram - , -- ar)proved -- by the State of Minnesota Hi her Education Services Office which includes not less than five hundred 500 hours of train'n in ., the theory, method, and techniques of massage. ,Sauna: Premises providing members of the public or a private club with communal or individual dry or moist heating facilities for therapeutic, restorative rehabilitative reli ious or social ur oses on a commercial basis. (Ord. No. 450, § 822.020, 8 -3 -78) 2 Sauna or Bath louse Attendant: Personal service li ense h lder !a mplgyed at a Sauna or Bathhouse licen ed business. premises to assist customers in the of the facilities. 81todant duties involve direc customer contact and include. but are not limit d to: valet and roomin service: issue Qf lochs lockers towels and clothing containers' and o eration of sauna and bath equipment Secs. 24 -3. Violations — Penalties. Failure to establish and maintain the premises and records reau.ired pursuant to this Article constitutes a violation of this ordinance._ Such violations shad be cause for suspension, revocation or non - renewal of the business .premise or personal service license and, or. other penalties includin_q a maximum fine of seven hundred ($700) dollars. Secs. 24 -4 -- 24 -9. Reserved. DIVISION 1: ESCORT SERVICE Sec. 24 -10. Escort Service -- Premises of Record. Each escort service licensed pursuant to Article 11 of this chapter shall maintain gremiaes of record at he business address listed on the licens agplication. The name and telephong numb r of he ol2erator or mans er hours of operation the bu iness remiss and a copy I of the gremise license will be grominently digplay ed t this location. In addition the own r or o erator of the escort se rvice will the Maplewood Police Department with name and telephone number to be used in contactin the licens a or manager during non-ogerat hours. Records of the escort service required bv this Chapter shall be available at the premises of record for inspection, by city officials during the hosted hours of operation. See. Same -- Re giste r of A ppo ntments. Each escortservice shall maintain at the premises of record a re ister f aggointments for licensed escorts provided by thp service. The Mgister shall include the name and li en a number of the escort the nam and addresa of the client the method of payment, the address to which the a cart was initiallv dispatched, and the date, s art time and duration for which 3 service was provided Appointments shall be registered in chronological order by date and start time of service, and indexed by escort license number. The register shall include all appointments for the previous twelve months. Sec. 24 -12. Same -- Roster of Escorts. Each escort service shall mai ntain, at the premises of record, a roster of escorts available through the service The roster shall include the name. license number, address and telephone number of the escort, the date that the escort service began representing the escort and the date, as applicable, that such representation ceased The roster shall include the names of all escorts represented by the escort service during the preceding twelve (12) months Sec. 24 -1.3.. Same -- Photographs of Escorts. Each escort service_ shall maintain, at the premises of record- a color h to rah of each escort available through the service. Photographs shall be full -face not less than 2 1 /2 by 2 1 /2 inches and renewed anuall . The license number of the escort and the date the photociraph was made will be indicated in indelible ink on the reverse of the photo. Photo ra hs will be retained while the attendant is -listed on the roster described in Sec. 24 -121 above. 24-14 -- 24 -15. Reserved DIVISION 2: MASSAGE CENTER Sec. 24 Massage Center. Each massaae center licensed pursuant to Article 11 of this Chapter shall maintain gremises at the business address listed on the license application. The name and telephone number of the operator or manager, hours of operation of the business premises and a copy of the premise license will be rominentlydisplayed at this location. Records of the massage center required by this Chapter shall be available at the premises for inspection by city officials during the posted hours of operation. 4 § 24-17. Sec 24 17 Same Register of Outcall Appointments. E ach massa center shall maintain at the premises of record a register of all appointments for outcall service provided throuah the center. The re sister shall include the name and license number of the massaae theraaist. the name and address of the client the method of payme a nd the address. date and time at which massage was arovided. Apgomtments shall be registered in chronoloaical order by date and time of appointment. The re ister shall include all a ointments for the twelve months. Sec. 2 4-18. Same -- Roster of Massage Thera fists. Each masse a center shall maintaint on the p remi5es, a r ster f ' hrou h the center. The roster shall include the massag therap available t r and tele hone number of the therap the name license number add e ss ce nter be an re presentin g the there ist an date date that he massy a ce d the as a pp licable,that suc re resentation cea sed. The roster shall inclu de the -names of all massy a there i #s represented bv the massacte center d do the precedina twelve X12) months. Sec. 24 Same -- Photog raphs of Qutcall Massa a Thera fists. Each mesas e center shall maintain, at the memises of record a color hoto rah of each massag a there fist available for outcall service throw h r hs shall be full -face not less than 2 b 2'/2 inches the center. Photo a . and shall be renewed annually. The license number of the therapist and the was made will be indicated in indelible ink on date the �ahotoara�#� - - the reverse of the photo Photo ra hs will be retained while the thera fist is listed on the roster described in Sec. 24-18 above. Sec. 24 -20 24 -21, Reserved DIVISION 3: SAUNAS & BA.THt-IQUSES Sec. 24 -22. Saunas and Bathhouses. F Each sauna or bathhouse business licensed urs ant to Article 11 oft is Chap ter shall maintain p remises at the business address. listed on the tic nse app lication. The name and telephone number of the o erator or manacler hours of • eration of the business p remises and a copy of the p remise license will be morninently displayed at this location. 5 § 24-22. Records of saunas or bathhouses re uired by this Cha ter shall be vailable at the gremises for ins ection by city officials during the posted hours of operation Seg. 24 - 23. S me -- Roster of Attendants. Each sauna or bathhouse shall maintain on the premises, a roster of attendants employed therein. The roster shall include the name license number, address and tele hone number of ach attendant tog ether with the dates that employment be and terminated. The roster shall include the names of all attendants em to ed by the sauna or bathhouse during the preceding twelve (12) months Sec. 24 -24 -- 24 -25. Reserved. ARTICLE H. LICENSES* DIVISION 1. IN GENERAL. Sec. 24 -26. License - Required. It shall be unlawful for any person, firm, partnership, association, or corporation to engage in the business of providing personal services described in this Chapter within the limits of this City without being licensed therefor by the City, except for the incidental provision of services defined in Sec. 24 -1_ of this Chapter "Engag in the business" means the grovision of services described in this chapter for which any charge or fee is made or any money or thing of value is solicited or received by the provider Sec. 24 -27. Same - Exceptions. The license requirement shall not apply to massage, heat treatment, or other therapeutic, restorative, or rehabilitative service provided during treatment by medical, surgical, osteopathic, chiropractic, physical therapy or podiatry practitioners duly licensed or registered in this state to practice such skills, or to nurses and staff who administer such treatment at the direction of any such employer. �j hall also not The license requirement s apply to massaging of the neck, face, scalp and hair of customers or clients for cosmetic or beautifying beauticians dui purposes by barbers and be Y licensed under the laws of this state. (Ord. No. 450, § 822.030, 8 -3 -78) Sec 24 -28. Sane - Expiration date, ' Licenses issued under this article sha ll terminate on the last day of the calendar year in which such license was issued. (Ord. No. 450, § 822.033, 8 -3 -78) S. ec. 24 -29. Same - Minimum Age Requirement. An applicant for a license under this article must be at least twenty -one (21) y ears of age. (Ord. No. 450, § 822.037, 8 -3 -78) Sec. 24 -30. Same - Filing. Every appl ' for a license under this article shall be filed with the city clerk. (Ord. No. 450, § 822.041, 8 -3 -78) Sere. 24 -31. Same -Transfer, No license issued under this article shall be transferred to any other p erson or premises. (Ord. No. 450, § 822.036 8 -3 -78) Sec. 24 -32. Same - Disqualifications for licenses. No license shall be issued to any applicant who: (1) Is under twenty -one (21) years of age; (2) Is an alien; (3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor offense involving moral turpitude, or which relates directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity; or (4) Within five (5) years prior to the date of application, has had a similar license revoked, denied or suspended. (Ord. No. 450, § 822.064, 8- 3-78) 7 § 24-33, Sec. 24 -33. Same - Conditions of licenses. No license shall be issued, renewed or continued in effect under this article, unless there is compliance with the minimum conditions and requirements as set forth in this chapter. Failure to maintain compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, § 822.060, 8 -3 -78) Sec. 24 -34. Same - Suspension or revocation. A license issued under this article may be revoked by the council for cause pursuant to a hearing. Such hearing to be held after five (5) days notice to the licensee. A license may be suspended temporarily by the city manager and suspension shall continue until otherwise ordered by the council, providing that the charges of the city manager be delivered in writing to the licensee and that the council afford the licensee a hearing at its first scheduled meeting immediately following the suspension order. Upon hearing, the council may continue the suspension for a specific period or may terminate same or .may continue the license in effect based upon any additional terms, conditions and stipulations which the council may in its sole discretion impose. (Ord. No. 450, § 822.170, 8 -3 -78) Sec. 24 -35. Prohibited solicitations of business by licensees. No person licensed under this article shall solicit business in any public place or in any license liquor establishment in the City. (Ord. No. 450, § 822.067 Sec. 24 -36. Prohibited activities. Any- to u ch i n cti_manbulation, stimulation or excitation of the sexual or genital anatomy of a client by a licensee. or of a licensee by a client, during the provision of service licensed under this chapter is expressly prohibited. In addition to penalties provided elsewhere in this chapter, a maximum fine of-seven hundred ($700) dollars may be imposed for each violation of this section. (ord. No. 450, § 822.120, 8 -3 -78) § 24-37. Sec. 24 -37. Personal service license to be carried, etc. A personal service license or identification tag issued under this chapter b. the -city shall be displayed by the licensee at all times while so employed and the licensee shall present said license for inspection when so requested by a proper official of the City. (Ord. No. 450, § 522.110, 8 -3 -78) Sec 24 -38. License Fees - Generally. The fee charged by the City for preparing, recording and issuing licenses pursuant to this article shall be established by resolution of the City Council. (Ord. No. 450, § 822.034, 8 -3 -78) Sec. 24 -39. Same - Initial. The license fee shall be paid when the application for a license under this article is submitted and shall not be refundable. (Ord. No. 450, § 822.035, 8- 3 -78) Sec. 24 -40. Same - Investigative fee. Upon the filing of an application for a business premise or individual license under this Chapter, the applicant shall pay in full the investigative fee established b resolution of the City Council. Investigative fees are non - refundable. Investigative fees are assessed to defray the of ba investigation of the prosgective licensee and in the case of business premise license, of the original designated manager thereof. No investigation is required and no investigative fee shall be charged for routine annual renewal of licenses. When a license has expired due to failure of the license-holder _to_a for timely renewal or where a license has been denied or revoked by action of the Qity Council: the citv manager. at the recommendation of the chief of p olice, may require the applicant to pav the investiciative fee anew. (Ord. No. 450, § 822.050, 8 -3 -78) Sec. 24 -41. License Applications - Information Required. An application for any license under this article shall be made on forms supplied by the City for such purpose and shall contain all information required by this Chapter. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, § 822.040, 8 -3 -78) 9 § 24 -422. Sec. 24 -42. Same - To be verified. The application for a license under this article shall be signed and sworn to by the applicant if the applicant is a natural person. If the applicant is a corporation, the application shall be signed and sworn to by an officer of the corporation. If the applicant is a partnership, the application shall be signed and sworn to by one of the partners. The application shall be notarized by a commissioned notary public. (Ord. No. 450, § 822.043, 8 -3 -78) Secs, 24 - 43. Violations — Penalties. Violation of re uirements and procedures s ecified in this Article shall be cause for susp ension. revocation or non - renewal of. the business Dremi se or ersonal service license and or, other penalties includin a maximum fine of seven hundred ($700) doll.�ars_ Secs. 24 -44 24 -49. Reserved, DIVISION 2. BUSINESS LICENSES See. 24-50. Required, No escort service, massage center, sauna or bathhouse shall operate within the city unless currently licensed in accordance with the provisions of this chapter. A separate license is .required for each premise upon which such service is provided. (Ord. No. 450, § 822.031, 8 -3 -78) Sec. 24 -51. Business manager. A manager must be assigned for each premises licensed under this chapter and said manager must have a valid personal service license under this chapter for that type of service. The business licensee shall designate a person as manager and the manager shall be responsible for the conduct of the business until another suitable person has been designated in writing as manager by the licensee. The licensee shall promptly notify the city manager in writing of any changes; said notice indicating the name and address of the new manager and the effective date of such change. (Ord. No. 450, § 822.070, 8 -3 -78) Sec. 24 -52. Application; required information. Each application for a business license under this article shall be made on a form supplied by the City and shall contain the following information: 10 § 24-52. (1) Whether the applicant is a natural person, a corporation, a partnership or other form of organization. (2) If the applicant is a natural person, his or her true name, place and date of birth, street residence address and phone number; whether the applicant is a citizen of the- United States; whether the applicant has ever used or has been known by a name other than his or her true name, and if so, what was such name or names, and information concerning dates and places where used; the name of the business, if it is to be conducted under a designation, name or style other than the full individual name of the applicant, and in such a case, a copy of the certification, as required by M.S., Chapter 333, certified by the clerk of the district court shall be attached to the application; the street addresses at which applicant has lived during the preceding five (5) years; the kind, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than traffic ordinances, and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; the physical description of the applicant; whether the applicant has any training or experience in providing the type of service for which the license is requested; and the same information shall be required of the manager. (3) if the applicant is a partnership, the names and addresses of all partners and all information concerning each partner and the manager as is required of an individual applicant in paragraph (2) above; the name of the managing partner(s) and the interest of each partner in the business; a true copy of the partnership agreement shall be submitted with the application, and if the partnership is required to file a certificate as to a trade name under the provisions of M.S., Chapter 333, a copy of such certificate, certified by the clerk of the district court shall be attached. (4) If the applicant is a corporate or other organization, the name and, if incorporated, the state of incorporation; a true copy of the certificate of incorporation, articles of incorporation of association agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate of authority, as described in M.S., Chapter 303, shall be attached; the name of the manager and all information concerning said person as is required by paragraph (2) above; a list of all parties who control or own an interest in excess 11 524-53. of five (5) percent in such corporation or organization or who are officers of the corporation or organization and all information concerning said person(s) as is required by paragraph (2) above. (5) Whether the applicant is licensed in other communities; and if so, where. (6) Whether the applicant has previously been denied a license to conduct the type of business for which a license is requested. (7) Description and address of the premises for which the license is requested. (8) If the applicant is a natural person, one front face photograph of the applicant, taken within thirty (30) days of the date of application, at least two and one -half (2Y2 ") inches square and a complete set of the applicant's fingerprints which shall be taken by the chief of police; if the applicant is a partnership, corporation, or other organization, one front face photograph of each partner and managing agent, taken within thirty (30) days of the date of application, at least two and one -half (2'/2 ") inches square, and. a complete set of applicant's fingerprints which shall be taken by the chief of police. (9) Such other information as the City council may require. (Ord. No. 450, § 822.041, 8 -3 -78) Sec. 24 -53. Issuance or denial. No business license shall be issued under this article except pursuant to council resolution, declaring that public convenience or necessity require the proposed. business. Council declaration of public convenience or necessity shall not be necessary for the routine renewal of an existing business license; provided that, failure to apply for renewal at least thirty (30) days before the expiration of the existing license shall be considered an abandonment of the right to renewal and a council hearing may be ordered. The council may grant or deny any license requested at its discretion. (Ord. No. 450, § 822.090 1 8-3-78) Sec. 24 -54. Licensing of premises when taxes, assessments, claims, etc., due, unpaid, etc., to City, county, or state. No license shall be granted or renewed under this article on any premises on which taxes, assessment or other financial claims of the City, county 12 or state are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or validity of taxes, the council may, on appeal by the applicant, waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (Ord. No. 450, § 822.180, 8- 3 -78) Sec. 24 -55. Prohibited activities when license suspended or revoked. No business licensee shall solicit business or offer or agree to perform any licensed service, nor shall licensed employees of the business licensee solicit business or offer or agree to perform any licensed service within the City, while the business license is under suspension or revocation under this article. (Ord. No. 450, § 822.180, 8 -3 -78) Secs. 24 -56 - 24 -60. Reserved. DIVISION 2. PERSONAL SERVICE LICENSES Sec. 24 -61. Required. No person shall perform or provide any service in conjunction with the operation of an escort service, massage center, sauna or bathhouse within the City, unless such person is currently licensed in accordance with the provisions of this chapter. (Ord. No. 450, § 822.066, 8 -3 -78) Sec. 24 -62. Required information in application. All the information required under section 24 -52, paragraphs (2), (5), (6), (8), and (9) shall be required of each applicant for a personal service license under this article. (Ord. No. 450, § 822.042, 8 -3 -78) Sec. 24 -63. Educational requirements of applicants. Every applicant for a personal service massage license under this article shall furnish a certified copy of their diploma or certificate of graduation from a recognized school. (Ord. No. 450, § 822.080, 8 -3 -78) Sec. 24 -64. Issuance or denial; appeal. (1) Applications for personal service licenses under this article shall be forwarded to the chief of police and to such other city officials as 13 § 24-83. (2) No escort service, massage center, sauna, or bathhouse shall be operated within twenty -six hundred (2,600) feet of an y other escort service, massage center, sauna or bathhouse. (3) No escort service, massage center, sauna, or bathhouse shall be operated within twenty -six hundred (2,600) feet of any residentially zoned district, a church, a nursery, an elementa ry, junior , high or high school or any establishment frequented by juveniles. (Ord. No. 450, § 822.063, 8 -3 -78) Sec. 24 -84. Closing hours. No premises licensed under this chapter shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day, and no business shall be operated on Sunday. (Ord. No. 450, § 822.063, 8 -3 -78 Sec. 24 -85. Inspections of premises. All applicants and licensees under this chapter shall allow a proper official of the City to inspect and periodically examine the premises for the purpose of ascertaining that said premises conform to all requirements and regulations q 0 pertaining to health, fire and sanitation and to ensure the preservation of the good order and peace of the City. Any refusal on the part of the applicant or licensee to allover such inspection or examination shall be deemed as sufficient grounds upon which the city manager may deny, suspend or revoke a license. (Ord. No. 450, § 822.100, 8 -3 -78) Sec. 24 -88. Minimum age requirement for presence on premises, exception. No person under the age of eighteen (18) years shall be permitted at any time on the premises licensed under this chapter as a customer or guest, unless accompanied by a parent or guardian. (Ord. No. 450, § 822.130, 8 -3- 78) Sec. 24 -89. Alcoholic beverages on premises. No alcoholic beverages shall be allowed on any premises licensed under this chapter at any time. (Ord. No. 450, § 822.140 8 -3 -78 Cross «reference -- Alcoholic beverages generally, Ch. 5. Secs.* 24-90. `VViolations..— Penalties. Violation of requirements and rocedure specified in this Article shall be cause for sus ensi n revocation or non - renewal of the business premise or erson l service license and or, other l2enalties, including a maximum fine of $even hundred ($700) dollars. 16 AGENDA NO. 46Z410 60 AGENDA REPORT TO: FROM: RE: DATE: Michael McGuire, City Manager Craig Dawson, Assistant City Manager Action by Council Endorse Modif.i e Rejecter Date Open Space Acquisition-- Regnier Property (e. of Arcade, n. of Keller Pkwy.) May 20, 1996 INTRODUCTION At the May 6 Council /Manager workshop, the Council considered a proposal by the Regniers to purchase their property for open space. The Regniers offered to sell their seven -acre parcel for $ Council requested information about several items before deciding whether to proceed with negotiations to purchase the property. DISCUSSION Associate Planner Ken Roberts has prepared a memorandum (attached) in which the Council's questions are discussed. Key points include: Driveway easement: This perpetual 60- foot -wide easement was required by the City in 1994. It extends to the east property line to serve an otherwise landlocked triangular parcel. Private property to the east: The triangular parcel noted above would be landlocked without the driveway easement. The City Attorney should advise the Council about potential City liability if the easement were to be removed. Land north of the driveway easement: This property is largely wetland as classified by the Ramsey /Washington Metro Watershed District. The Goreses (2870 Arcade Street) should be contacted to determine their interest in adding this land to their property. Access to Ramsey County open space: Ramsey County indicates that it has no policy or practice to restrict public access to its 18 -acre open space immediately east of the Regnier property. RECOMMENDATION: It is recommended that the City Council give staff direction whether to pursue acquisition of this property for Maplewood's open space program. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Regnier Property - Open Space Purchase p p LOCATION: Arcade Street, north of Keller Parkway DATE: May 13, 1996 INTRODUCTION Gilbert and Evelyn Regnier have offered to sell their property on Arcade Street to Maplewood for open space. The council had several questions needing answers before deciding to buy the property. BACKGROUND On May 6 1 1996, the council considered buying the Regnier property for open space. The council had several questions and concerns that they wanted staff to research before they decide to buy the property. These include the amount of wetlands on the site, issues about the driveway for the house at 2870 Arcade Street, access to the Ramsey County open space to the east and access to the property to the east. DISCUSSION Wetlands I asked the Ramsey /Wash.ington Metro Watershed District to review their information about the wetlands in this area. They gave me the map on page 5. This ma p shows that the watershed district has. designated about one -half of the site as wetland. Road Easement and Driveway Maplewood required the Regniers to record a 60- foot -wide street and utility easement when the city approved the lot split in' 1994. The lot split was to divide the house at 2870 Arcade Street from the rest of the site. This is a perpetual street and utility easement for the city to operate and . .. Y p maintain a street and utilities. The easement runs west/east from Arcade Street to the landlocked property to the east. As such, it provides the property to the east of the Regniers property with a location to get access to an improved public street (Arcade Street). Maplewood also required the Regniers to record a driveway agreement for the house at 2870 Arcade Street with the 1994 lot split. This agreement holds the city harmless from any liability for using the driveway and states the property owner is responsible for maintaining the driveway. The private driveway must be at least 12- feet -wide and shall have an all- weather surface. Ramsey County Open Space ,Mr.. Dawson. spoke to Greg Mack of the Ramsey County Parks Department about the Ramsey County Open Space to the south and east of the site: Mr. Mack said that the county has no plans to restrict public access to their open space. In addition, the county open space has several hundred feet of frontage on Kohiman Lane on its east side. This street frontage provides direct access to the Ramsey County open space. Adjacent Property to East There is a 2.25 -acre property to the east of the Regnier property that is landlocked. As I noted above, the road easement runs across. the Regnier property from Arcade Street to the west line of the landlocked property. This easement could provide street access to the property. The city should keep this road easement or another similar road easement to provide access to the landlocked parcel. Land Use Plan If the council decides to buy this property, they should direct staff to have the planning commission review a land use plan change for the site. This change would be from R -1 (single dwellings) to OS (open space). The city would not make this map change until after the city closes on the purchase of the property. kr /regnier.mem Attachments: 1 Location Map 2. Property Line/Zoning Map 3. Wetland Map 2 VADNAIS HEIGHTS 19 Q counrn RD. 3. D Z U � o BEAM AVE. 19 � C r � Attachment 1 F.7 61 D 1. SUMMIT CT. 2. COUNTRYVIEW CIR. 3. DULUTH CT. 4. LYDIA ST. BEAM Kohlman �" w Gervis \Loke V J L °ke � Y,OHLMAN AVE. �--• 'E�" O F' � � iii LJ COUMY ROAD � C � 2 1 AL�� CIR DR PALM n23 rn � K� , SS�CC o J BELLECREST DR .� W V. t DEAUVILLE OR CT. PPM v� ? �fi♦i� � c S kMER104W DR �1 CONNOR C CON AVE. pR O 8 MIN j . . %-wo CT. At�t� AVE. � Q .A u I II O I I cc 22 O r o BROOKS o U. 12 SEXTANT AVE. GERVAIS R P to o � de AVE. in v �n COP COPE .,,,,, V) k.- :�? LARK CT. k- LOCATION MAP 3 BROOKS ' SEX Ti �. G ERVAI S G RAN DVI EW VIKING C SHERREN AVE. 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Attachment 3 OR :toA . . . . .. . . . . . . . . . . . . . . . . . ............ ............ ........... ............ ,........... ............ .............. ............. ............ .............. ............... ............... ................. ............... ................ .................. .. .................... ........ ........... 1� e� LITTLE CANADA 2870 I P-1 I A 1 . t o . . .......... ........... ............. ... ......... ..... ....... ................ ......... .... .............. ............ . ................ ................. ................ ................. ............... 9 ... ..................... . .... ........... ... ............. .... .. . . ... . . .. . . . . . . . . . . . . . . ....... .... . . ............. .. ......... ...... .......... .... ............... ................ ............ .. ............ .. ............ . .... ........... ................. ............... ...,...... ...... ......... ... of ............... .. . .................. WETLAND MAP 5 Q N AGENDA ITEM AGENDA REPORT Action by Gaunaix t Endorse Manager Mo TO: City Rej ecte d FROM: City Engineer ineer Date SUBJECT: Century Avenue North of' Hi hwood Sanitary Sewer Project 95- 9 Y � J 11— Assessment Policy Discussion DATE: May 14, 1996 Information will be available Thursday, 16. Y� Y AGENDA NO. #1 40 , AGENDA REPORT Act by Council Endorsed .�..... TO: Michael A. McGuire, City Manager Modif ied .....,_... - ._._. Re j ecte FROM: Craig W. Dawson, Assistant City Manager Date RE: Second Monthly Progress Report on Organized Collection DATE: May 20, 1996 INTRODUCTION This report is submitted per the Council's request for an update at the second Council meeting of each month. DISCUSSION Haulers remain adamantly opposed to organized collection, but continue to work on a dual -track approach during the planning phase of the organized collection process. They are gathering information for public education about how the open hauling system operates specifically within Maplewood and how it impacts Maplewood residents. They are developing a proposal which will likely call for additional regulations within the open hauling system. At the same time, haulers are identifying key issues and expectations for haulers that would be participating in an organized collection system. Since the submission of the first monthly report, the group has met three times. On April 17 and 24, legal issues were discussed. On April 24, an anti -trust investigator from the Minnesota Attorney General's Office fielded questions from haulers. There is some anti -trust protection for haulers due to "City supervision" during this planning process. The anti -trust test for an open hauling system is any action that allocates or assigns customers or geographic areas. Limiting the number of haulers to serve an area is permitted under organized collection; if haulers were to do it on their own, they would be limiting competition (and creating an oligopoly,) and thus be engaged in anti -trust activities. The May 1 meeting focused on business costs and prices for service. Fixed costs range from $8 -$12 per month per customer, and represent over 60 percent of a customer's bill. The only true variable cost is disposal - -the amount of trash set out by a customer. Current pricing structures have higher- volume customers subsidizing lower - volume ones. Most customers are opting for higher - priced "unlimited service ". The range of services included in prices varies widely among the haulers serving Maplewood residents. 2nd Organized Collection Report May 20, 1996 Page Two NEW ISSUES When the Council adopted the resolution of intent to organize collection, one of the opportunities in organized collection was the ability to direct waste to the NRG/Ramsey- Washington waste - to- energy facility in Newport. Since the City began the organized collection process on March 11, federal judge David Doty has ruled that waste designation may not be done by ordinance and, by logical extension, by other governmental intervention (including contracts). The interpretation regarding contracts has not been tested yet, but the validity of such a provision in a City contract appears to be tenuous at this time. HAULERS' PLANS Haulers are planning to present a proposal to the City Council on June 10. The haulers' proposal will likely call for revisions to the City's refuse collection regulations, in some instances codifying their current practices and in other recognizing the City's interests by submitting to a few new restrictions. June 10 is the date at which the minimum 90 -day planning phase ends. If the Council would wish to have this proposal developed further, or if it would like the haulers to develop a different, "organized" proposal, it will need to extend the planning phase of the process for a definite period of time (which may be extended further, if so desired). Alternatively, the Council may wish to end the planning process and begin the next 90 -day process in which staff develops "organized collection arrangements with all licensed collectors" who have expressed an interest in this issue. If no plan meets with approval by a majority of these companies, then the City may put together a plan on its own. Attachments * April 17, 1996 meeting notes * April 24, 1996 meeting notes * April 29, 1996 letter from Attorney General Inspector Mark Stedman * May 1, 1996 meeting notes City of Maplewood Organized Collection Meeting Notes April 17, 1996 The focus of this, the fifth organized collection planning meeting, was to understand a number of legal questions that would affect the direction of the proposals the haulers could pursue. Representatives of the Attorney General's Office were not present at this meeting as planned. They confirmed their presence at the next planning meeting at 3:00 p.m. on April 24. Patrick Kelly, City Attorney, fielded several questions from the haulers present. He noted the following issues raised by haulers in order to convey to the AG before the April 24 meeting: * Is it permissible for two licensees in Maplewood to sell accounts to each other? If so, is it still permissible to do so during the organized collection process? * What issues of state and federal anti -trust enter this process, and is the federal anti -trust pre - empted? * What is City "supervision "? To what extent must City representatives be present for haulers to discuss matters collectively? * What are the differences (and advantages) of a consortium arrangement vs. a City contract with each individual hauler? * How much information can be shared among the haulers during the organized collection planning process? - -Would it be preferable to form a consortium now (presumably in which haulers could share information more freely as they are all owners /shareholders), for purposes of working through the organized collection planning process? There was some discussion about whether there was enough information assembled to put forth a proposal to the City Council in the very near future -- perhaps at the April 22 Council meeting. The proposal would likely address all the major issues except pricing, and there was some belief that prices were not relevant if there were no contract with the City. The Council had expressed some interest in greater differential pricing in volume -based service, or exploring a metered or per -bag service. These issues need to be discussed to fulfill the Council's request for public education about all of the major components of solid waste services. The City Council will be receiving the first monthly progress report on the organized collection process for consideration at the April 22 Council meeting. It will be scheduled as one of the last items on the agenda. The next meeting will be Wednesday, April 24, at 3:00 p.m. in the Maplewood Room at City Hall. City of Maplewood Organized Collection Meeting Notes April 24, 1996 This meeting focused on legal parameters for the haulers' planning and discussions in the organized collection process, particularly related to anti -trust issues Mark Steadman, Investigator with the Office of the Minnesota Attorney General, fielded many questions about anti -trust activities, and about elements in the proposal being developed by the haulers. He and City Attorney Patrick Kelly noted that there would be several questions for which answers would not be immediate; much of what the haulers were considering fell into "gray areas" of legal interpretation. Anti -trust statutes prohibit: price - fixing, and the allocation of customers or geographic markets. State law expressly exempts organized collection from these anti -trust provisions, and organized collection requires "active supervision" by the City. This protection is offered in an organized collection system, but not necessarily during the organized collection planning process. The selling or trading of stops between two or more haulers may not be legal from an anti -trust standpoint, particularly if there is an agreement not to compete to regain the accounts. It is perfectly legal to sell off one's entire business. It is questionable if one tries to sell or trade part of a business, even if it makes geographic sense. Haulers pointed out that they may be more interested in acquiring accounts than assets from another company. Steadman noted that the test is for any action that allocates or assigns customers or geographic areas. There was much discussion about the presence of "competition". Haulers maintained that reducing the number of haulers per zone, but still having several for customers to select from, kept a competitive environment in the zone and allowed customers benefits in price and service that arise from competition. Steadman indicated that this plan results in limited competition (it leads to oligopoly), and would run against anti -trust laws. This arrangement would be permissible under organized collection with City supervision, however. Active supervision includes the City's control over pricing or setting of rates as the City has displaced competition through organizing collection. The form of the City's control is unspecified - -it could range from establishing prices to acknowledging a licensee's proposed rates. Toward the end of the meeting, Steadman indicated that there appears to be a lot of protection from anti -trust concerns during the organized collection planning process. Certainly, the sharing of information- -like the number of stops made by a hauler in a zone - -is protected, as it's not being used for planning purposes and not for (immediate) economic gain. Haulers were asked to submit data on the number of stops they make by zone for the next meeting. Many in the Attorney General's Office would agree that it appears that with Judge Doty's recent ruling, designation of waste to a site through contract would be unenforceable. The next meeting will begin at 3:30 p.m. Wednesday, May 1. Topics will include costs of doing business and pricing. HUBERT H. HUMPHREY III ATMRNEY GENERAL Mr. Mike Hinz Gopher Disposal P. O. Box 6 Newport, MN 55055 Dear Mr. Hinz: STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL April 29, 1996 l I LAW ENFORCEMENT SECTION SUITE 1400 . _.._. �-- - ---•° �T'S�N1 ESOTA STREET ST. PAUL, MN 55101 -2131 TELEPHONE: (6 1 2) 296 -7575 On April 24, 1996, at an organized collection meeting of rubbish haulers in Maplewood, you stated a belief that the trading or buying and selling of customers between two rubbish haulers in a market is legal. You further stated that you came by this belief through a meeting between y ou and a hauler named Wynn and Attorney General antitrust staff. Because I could not conceive of a circumstance in which the conduct you described would be legal absent governmental supervision, I promised to consult with my colleagues and give you an answer. In a 1989 file regarding St. Paul's exploration of organized collection I found notes of a meetin g between you and John Wynn and Jim Spencer of the Attorney General's office. This is no doubt the meeting you referenced and it occurred on July 25, 1989. Because the notes don't reflect a discussion of the conduct you described nor can Spencer recall such a discussion, how you came by your belief is unclear. In an y event, your belief is incorrect. The conduct you described of haulers in a market exchanging customers by trade or sale and the attendant agreements not to compete is per se illegal. That is, illegal on its face. Certainly, if a hauler decided to abandon a market, the hauler could sell that part of a business, but the swapping of customers for the purpose of dividing or allocating a market is not permitted except under appropriate governmental supervision. Sincerely, r t MARK STEDMAN Investigator Antitrust Division (612) 296 -1796 cc: Patrick J. Kelly Craig Dawson MS:dd stedxv3. Facsimile: (612) 297 -4348 • TDD: (612) 297 -7206 • Toll Free Lines: (800) 657 -3787 (Voice), (800) 366 -4812 (TDD) An Equal Opportunity Employer Who Values Diversity « Printed on 50% recycled paper (15% post consumer content) City of Maplewood Organized Collection Meeting Notes May 1, 1996 This meeting focused on business costs, prices for service, and next steps in developing plans. Business Costs Due to their competitive situation, the haulers were willing to speak in generalities about their costs to provide services. The cost per hour is in the $100 -$140 range. The tip fee (one ton collected per hour, $50 -$65) and driver /labor cost ($35) can average $90 /hour. All of the support costs -- equipment, maintenance, supplies, administration and support- -costs another 33%-66%. In collecting waste from a customer, the hauler has only one truly variable cost: the tip fee (i.e., the amount of trash collected). [Haulers did not indicate what could be considered as a reasonable rate of profit.] * If it takes aone- minute to serve a customer, then over a year (52 minutes of service, which can be rounded to an hour,) the hauler must recover fixed costs of $100 -$140. This translates roughly to $8 -$12 /month., or $2 -$3 /week. * The average household produces 1.0 to 1.25 tons of refuse per year. At $65 /ton tip fee, disposal costs a customer $65 -$80 /year, $5 -$7 /month, or $1 -$2 /week. * In this average scenario (for a two- can/pickup service @ $15 /month), fixed costs represent over 60% of a customer's bill. If there were organized collection, haulers indicated there may be slightly reduced marketing costs and administrative costs to collect from delinquent accounts, but as their businesses cover areas much larger than the City of Maplewood, there would be little reduction in staff or marketing that could be passed directly to Maplewood customers. Pricin :Most customers choose the three- can/unlimited service (currently ranging $14 -$20 /month as a base price in Maplewood). Haulers indicated that prices for one -can service (currently ranging $9 -$15 /month in Maplewood) are not covering their costs. Larger - volume customers are subsidizing low- volume ones. Those with atwo -can rate (currently ranging $12 -$17 /month in Maplewood) may or may not be subsidized by large - volume customers. There may be some subsidy from open - hauling customers to those in organized collection communities. The most profitable part of their business is special pickups. Collection of compost /yard waste is handled differently by hauler. Some charge for every bag /can of yard waste, some include a few bags /cans with their service fee and charge extra beyond that number, and some include it in their unlimited service. Haulers indicated that having compost sites in Maplewood helped them keep prices lower for their Maplewood customers. Collection by the bay especially if customers pre -pay for them, is problematic as most customers who have used them produce small amounts of trash, and buy quantities of bags that will last for a few years. This is risky for haulers as their costs increase over those years. Additionally, they must still drive by the house to see if there are bags to collect. Charging per bag collected is administratively cumbersome (and it probably reduces the labor efficiency of the driver), and there will be complaints from customers about the number of bags they say they put out or the hauler says it collected. Organized Collection Planning Meeting May 1, 1996 Page Two (Pricing -- continued): Although customer prices may be reduced by organized collection, haulers cautioned that the one or few companies having a city contract may disinvest in their service to that city: * Equipment assigned to that city is not as new - -the new equipment is sent to open - haulm cities as it is part of marketing Customer service and/or innovation is not likely to occur, as meeting the contract minima ensures that the hauler will have a continuing revenue stream * Customer service is difficult to maintain as it is physically more demanding for personnel to collect from every house along the street - -they get tired (and less efficient), have higher workers comp. rates, and have high turnover rates. Next Steps The haulers will develop a proposal which will suggest changes in the way residential refuse collection is regulated by the City, and it will not be advocating organized collection. Timetable: The group will meet on May 15 and May 22 (if necessary) to work on the proposal. It must be in final form by June 3 in order to have it considered at the June 10 City Council meeting.