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2007 06-25 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 25 2007 Council Chambers, City Hall Meeting No. 07 -11 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: 'Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All commentslquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.' D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. June 11, 2007, Council /Manager Workshop 5 p.m. 2. June 11, 2007, City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS 1. New Police Officers swearing in • Derek Fritze • Dawn Frederiksen 2. Appointment of Environmental and Natural Resources Commission Member H. PUBLIC HEARINGS 1. NPDES Phase 11 Annual Report/Public Meeting 2. Brookview Area Street Improvements, City Project 07 -01 a. Assessment Hearing 7:00 p.m. b. Approve Resolution for Adoption of Assessment Roll 3. Century Avenue Improvements, City Project 03 -15 a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement After Public Hearing — Requires four votes 4. Pond Overlook Public Improvements, City Project 07 -08 a. Public Hearing 7:30 p.m. CONSENT AGENDA 1. Approval of Claims 2. Authorization to make payment for Recware Safari yearly support contract. 3. Resolution Authorizing Execution of Agreement — Safe and Sober Communities Grant. 4. Fee Waiver — St. Paul East Parks Lions Club 5. Temporary Gambling Resolution — Pulmonary Hypertension Association — Battle Creek Park 6. Taste of Maplewood Council Dunk Tank Donation 7. Replace Existing Furnace and Air Conditioner at Station 4. 8. Desoto Skillman Area Street Improvements, City Project 06 -16, Resolution Approving Memorandum of Agreement with Capitol Regions Watershed District 9. Crestview Forest Improvements Deer Ridge Lane, City Project 06 -21, Resolution Accepting Feasibility Study and Ordering Public Hearing. 10. Heritage Square Easement Vacation Resolution Correction All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS 1. Brookview Area Street Improvements, City Project 07 -01 a. Approve Resolution for Awarding Construction Contract K. UNFINISHED BUSINESS 1. Comforts of Home Design Review Amendment 2300 and 2310 Hazelwood Street 2. Conditional Use Permit Review — Mapletree Group Home 2831 Southlawn Drive. 3. Lower Afton Road Trail, City Project 03 -29, Approve Cooperative Agreement with Ramsey County. 4. Cottagewood Developer Reimbursement Agreement, City Project 06 -10, Approve Agreement with Developer. 5. Final Plat — The Woodlands of Maplewood First Addition Sophia Avenue, east of McMenemy Street. L. NEW BUSINESS 1. Pond Overlook Town Houses 2161 County Road D a. Zoning Map Change b. Conditional Use Permit for Planned Unit Development C. Preliminary Plat d. Design Approval e. Resolution ordering Improvement — Requires four votes 2. Brookview Area Street Improvements, City Project 07 -01, Resolutions Approving No Parking on Brookview Drive and Sterling Street. 3. Brookview Area Street Improvements, City Project 07 -01, O'Day Street Closure Petition 4. Desoto Skillman Area Street Improvements, City Project 06 -16, Resolutions Approving No Parking on Desoto Street from Larpenteur Avenue to Roselawn Avenue M. COUNCIL PRESENTATIONS Council Member Erik Hjelle a. Critique of Council Member Rossbach's critique of the City Manager Review b. Response to Council Member's Rossbach's claim he was "duped" on the vote for Gladstone. N. ADMINISTRATIVE PRESENTATIONS 1. Conservation Easements to Protect Open Spaces Status Report O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. h.- 0 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP Monday, June 11, 2007 Council Chambers, City Hall 5:00 P.M. A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Cove moved to approve the agenda. Seconded by Councilmember Hjelle. Ayes'- All D. NEW BUSINESS 1. City Manager Review Mayor Longrie gave a report to the council regarding the process of reviewing the City Manager, Greg Copeland. Mr. Copeland gave a report to the council regarding his employment as City Manager over the past 14 months citing numerous accomplishments and implementation of council direction that was included in the 2007 budget. Imember Rossbach gave an in depth report on his review of City Manager Copeland, d by Councilmembers Cave, Hjelle and Juenemann. Mayor Longrie concluded the discussion by giving her report. • c 0 F. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 6:40 p.m. June 11, 2007, City Council Workshop AGENDA Agenda Item E2 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11, 2007 Council Chambers, City Hall Meeting No. 07 -10 El A FBI CALL TO ORDER Mayor Longrie called the city council meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present Present G2. Taste of Maplewood K. 1.5 Clarification in minutes regarding adoption of Gladstone plan into Land Use Plan M1. Historical Society Ice Cream Social M2. Discussion of CUP for the Monastery Project. M3. Business Commission M4. Commission Openings M5. Contracting of Conservation Easement Issues M6. Consolidated Dispatch M7. Raingardens M8. National Night Out Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes — All APPROVAL OF MINUTES 1. Minutes from the May 14, 2007, 5 p.m. Council /Manager Workshop. Councilmember Juenemann had a correction to the minutes from the May 14, 2007, council/manager workshop that she was absent from the workshop and the minutes reflect she was present. Councilmember Cave moved to approve the May 14, 2007, council/manager workshop minutes as amended. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Abstention — Councilmember Juenemann 2. Minutes from the May 14, 2007, City Council Meeting. Councilmember Juenemann had a correction on page 18, that she had departed the city council meeting at 11:20 p.m. June 11, 2007, City Council Meeting Councilmember Cave moved to approve the May 14, 2007, city council minuteszrs amendec .E2 Seconded by Councilmember Hjelle. VISITOR PRESENTATIONS Ayes - All Mike Manthey, President of Silver Lake Association. He previously requested the City of Maplewood pay a fair share of the lake treatment costs based on a percentage of Lakeshore in Maplewood equaling $13,200. Previously he met with city councllmember's, Parks Commission and Environmental Commission and he wondered what the result of the meetings was. Mayor Longrie said that item would have to be added to the Agenda at a future date in order for the city council to vote on it. G. APPOINTMENTS 1. Resolution a. Chi Councilmember Jc Mayor Longrie mo Service Commissi ESOLUTION OF APPRECIATION 07 -06 -073 WHEREAS Commission since WH EREA good judgment; a 2. Ralph Sletten, 2747 North Clarence Street, Maplewood. He would like the commission and board meetings to be televised. 3. Bill Kayser, 6408 — 81s Avenue North, Brooklyn Park, spoke regarding on going Legal issues. 4. Bob Zick, 2515 White Bear Avenue, spoke regarding correcting errors in government. 5. Nancy Lazaryan, 10734 West Lake Road, Rice, spoke regarding legal issues. 6. John Kayser, 6408 — 81 s' Avenue North, Brooklyn Park, requested to speak during New Business. 7. David Bartol, 1249 Frisbee Avenue, Maplewood, spoke regarding the park system in Maplewood, the Maplewood Community Center and open space. 0 ation - '`Debra Birkholz - Police Civil Service Commission. the council. ratulated and thanked Debra Birkholz for her service. , Debra Birkholz has been a member of the Maplewood Police Civil Service April 12, 2004, and has served faithfully in that capacity until April 2007; and olice Civil Service Commission has appreciated her experience, insights, and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens that Debra Birkholz is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and we wish her continued success in the future. June 11, 2007, City Council Meeting 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEA850 M m I 1 6Y OF JUNE 2007. Diana Longrie, Mayor Seconded by Councilmember Juenemann. Ayes — All 2. Taste of Maplewood, Thursday, June 14, 2007. Ms. Guilfoile invited everyone to the Taste of Maplewood, Thursday, June 14, 2007, from 4:00 — 8:00 p.m., at the Maplewood Community Center to celebrate Maplewood's 50'" Anniversary, which is being held in conjunction with the White Bear Avenue Business Association. H. PUBLIC HEARINGS 1. Rainbow/ Maple Ridge Driveway Improvement, City Project 07 -03 a. Assessment Hearing 7 p.m. b. Resolution Adopting Assessment Roll a. Chuck Ahl presented the report. The public hearing was opened and no individuals addressed the council. Councilmember Cave moved to approve the Rainbow /Maple Ridge Driveway Improvement, City Proiec 07 -03. RESOLUTION 07 -06 -074 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14th, 2007, calling for a Public Hearing, the assessment roll for the Rainbow /Maple Ridge Driveway Improvements, City Project 07 -03, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. NONE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 25, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Cottagewood Public Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. June 11, 2007, City Council Meeting 3 3. Such assessments shall be payable in equal annual installments extendingover period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes - All CONSENT AGENDA 1. Councilmember Cave moved to adopt the Approval of Claims ACCOUNTS PAYABLE $ 40,123.35 Checks #72415 thru #72463 Dated 04130 {07 thru 04110107 $ 551,098.14 Disbursements via debits to checking account Dated 03/30/07 thru 04105107 $ 339,191.30 Checks #72464 thru #72512 Dated 04/17/07 $ 291,562.92 ` Disbursements via debits to checking account Dated 04106107 thru 04111107 $ 1,221,975.71 Total Accounts Payable June 11, 2007, City Council Meeting 4 Agenda Item E2 $ 448,947.40 Payroll Checks and Direct Deposits dated 03130107 $ 2,705.47 Payroll Deduction check #1001780 thru 1001782 Dated 04106107 $ 451,652.87 Total Payroll $ 1,673.628.58 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes — All 2. Conditional Use Permit Review — Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive. Councilmember Juenemann moved to adopt the Conditional Use Permit Review for the planned unit development for the Beaver Lake Town Houses at Marvland Avenue and Lakewood Drive. Seconded by Councilmember Hjelle. Ayes — All 3. Adopt the Conditional Use Permit Extension Comforts of Home Senior Housing at 2300 and 2310 Hazelwood Street. Councilmember Cave moved to adopt the Conditional Use Permit Extension — Comforts of Home Seconded by Councilmember Hjelle:, Ayes — All 4. Purchase of n gave the report. Imember ded by Councilmember Hjelle. Ayes — All 5. Acceptance of Donation to Police K -9 Program. a. Chief Thomalla gave the report and accepted the donation on behalf of the Police K -9 Program. Councilmember Juenemann moved to adopt the Acceptance of Donation to Police K -9 Program Seconded by Councilmember Hjelle. Ayes — All 6. The Approval of Fitness Program Coordinator Contract. Councilmember Cave moved to adopt the Approval of Fitness Program Coordinator Contract Seconded by Councilmember Hjelle. Ayes — All June 11, 2007, City Council Meeting 5 7. Lift Station Number 18 Rehabilitation, City Project 05 -29, Resolution ApproA5 jRg h%W r No. 1. Councilmember Cave moved to adopt the Lift Station Number 18 Rehabilitation, City Proiect 05 -29, Resolution Approving Change Order No. 1. RESOLUTION 07 -06 -075 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05 -29, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -29, Lift Station No. 18 Rehabilitation and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 05 -29, Change Order No. 1 as an increase to said contract by an amount of $3,286.00, such that the new contract amount is now and hereby established as $104,020.27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $3,286.00. The revised contract amount is $104,020.27. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 8. Adopt the Approval of Purchase of Bituminous Materials. Councilmember Cave moved to adopt the Approval of Purchase of Bituminous Materials Seconded by Councilmember Hjelle. Ayes - All 9. Temporary Gambling Resolution St. Paul East Parks Lions at Ramsey County Fair. a. Citizens Services Manager, Karen Guilfoile gave the report. Councilmember Cave moved to adopt the Temporary Gambling Resolution — St. Paul East Parks Lions at Ramsey County Fair. RESOLUTION 07 -06 -076 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the St. Paul East Parks Lions, 1821 North Myrtle Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. June 11, 2007, City Council Meeting 6 FURTHERMORE, that the Maplewood City Council requests that the Garr �in�g t okTroT ;ivision of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 10. Adopt the Van Dyke Village Tax Increment Financing Amendment. Councilmember Hjelle moved to adopt the Van Dyke Village Tax Increment Financing Amendment a. City Attorney, Alan Kantrud gave a report to the council. Seconded by Councilmember Juenemann. Ayes — All J. AWARD OF BIDS 1. Resolution Awarding the Sale of $10,170,000 G. O. Improvement Bonds, Series 2007a. Report to follow. a. Finance and Administration Manager, Bob Mittet, presented the report. b. Bruce Kimmel, Springsted Inc., 380 Jackson St., Ste 300, Saint Paul, gave a presentation. e ded by Councilmember Juenemann. Ayes — All I 1. Desoto Skillman Area Street Improvements, City Project 06 -16, Resolution Approving Revised a. Public Works Director, Chuck Ahl, presented the report. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Proiect 06 -16, Resolution Approving Revised Assessment Roll Seconded by Councilmember Cave. Ayes — All Public Works Director, Chuck Ahl, reported to the council. June 11, 2007, City Council Meeting 7 Mayor Longrie asked if anyone wanted to address the council regarding this m X y t % r i n cla Item E2 Mr. Pete Kubesh, 1722 Edgerton Street, M aplewood, spoke regarding the Mount. Zion Cemetery. Comnci|momber Hjel|e moved 0o approve the staff recommendation for the storm sewer assessment ($15,366.80) be waived as the property is very flat and generates little runoff into the street. It is also recommended that a credit be given to the cemetery as the property generates little traffic. A5O96 credit would revise the street assessment from $S2.S5O.4Oto$40.475.2O.A7596 credit would revise the street assessment to $23,237.60. Staff recommends that a 75% traffic credit be given to the two properties. Councilmember Hjelle included in his motion to approve the staff recommendation to adius the street assessment to $23,237.60. Seconded bvCounoi|nlannbarFbzsabooh Ayes - Public Works Director, Chuck AM presented the report for Azure Properties - denial to cancel the storm Mr. Tom Schuette, Azure Properties, 95 South Owasso Boulevard West, Little Canada, addressed the council. He said they appreciate the reconsideration and they concur with the new conclusion. Couno| barCove moved to deny the cancellation of the storm sewer assessment and to approve the street assessment revision to $20,832.00 for Azure Properties representing the Rosoto Villas, 1901 Desoto Street. Seconded by Councilmember Hjelle. Ayes — All Public Works Director Chuck AM presented the report for 3 property owners Ofthe Tarrytown CORlDlOD Area Interest ODArkwMqht Street. N�N Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals addressed the council. Councilmember Hjelle moved to deny the three property owners objection from the Tarrytown Common ded by Council Public Works Director, /\h[ presented the report for Wayne Mrubv. 1720 Desoto Street. Counc i l member Juenemann moved to deny Wayne Hruby, 1720 Desoto Street, and his request for a 3'~unit assessment to the property and urent the request for deferment mfa second unit assessment without interest, until such time property ia developed, subject toa signed agreement by the property owner. Seconded bvCouno|n1emberH�e|e. Ayes -All Public Works Director, Chuck /\h[ presented the report for June Wendt, 1989 Arkwright 8tnaot. Mayor Longrie asked if anyone wanted to speak regarding this item. June 11.2OO7 City Council Meeting 8 Ms. June Wendt, 1989 Arkwright Street, Maplewood, addressed the council. SV ?ON rC mltr ication of the wording in the document. Public Works Director, Chuck Ahl, clarified the wording for the resident. Councilmember Juenemann moved to grant the request for a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer, and deny the revision to assessment, as benefit is received to property for the street improvement for June Wendt, at 1989 Arkwriaht Street. Seconded by Councilmember Rossbach. Ayes — All Public Works Director, Chuck Ahl, presented the report for Larry Whitcomb, 518 East County Road B. Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals addressed the council. Councilmember Juenemann moved to deny the request for Larry Whitcomb, 518 East County Road B , for the revision to the assessment as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. Seconded by Councilmember Hjelle. Ayes - All Public Works Director, Chuck Ahl, presented the report for Doug Jones, NorthStar Properties of Minnesota, Inc., representing four property owners on Desoto Street. Mayor Longrie asked if anyone wanted to speak regarding this item. Mr. Doug Jones, NorthStar Properties of Minnesota, Inc., said after meeting with city staff he understands the justification and withdraws his past request. Councilmember Cave moved to deny the revision of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing a full street reconstruction due to deep utility repairs, for 1997, 1993, 2007 and 2019 Desoto Street Seconded by Councilmember Hjelle. Ayes — All Public Works Director, Chuck Ahl, presented the report for Joseph Tarnowski, 453 Roselawn Avenue. Mayor Longrie asked if anyone wanted to speak regarding this item. Ms. Pat Tarnowski, 453 Roselawn Avenue Maplewood, addressed the council. She said she was not happy with the deferment on the second lot because it isn't subdivided. Councilmember Rossbach moved to grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. And grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $7,400.00 for street, with $3,700 being deferred upon completion of the signed agreement for Joseph Tarnowski, 453 Roselawn Avenue June 11, 2007, City Council Meeting 9 Seconded by Councilmember Cave. Ayes — Mayor Longrie, CoW66Wag%,� Eve, Hjelle, Rossbach Nay — Councilmember Juenemann Public Works Director, Chuck Ahl, presented the report for 2140 and 2141 Desoto Street. Mayor Longrie asked if anyone wanted to speak regarding this item. Mr. James Fitzgerald, 2141 Desoto Street Maplewood, addressed the council. His situation is the same as the Tarnowski's at 453 Roselawn Avenue. Councilmember Cave moved to g rant the request for Ja Rinehart, 2140 Desoto Street, to cancel the storm sewe was incidental to the Desoto Street construction in 1967 $3,700.00 for street improvements. Seconded by Councilmember Rossbach. es Fitzgerald. 2141 Desoto Street and for Ann assessment as the storm sewer construction The revised assessment amount will be — Mayor Longrie, Councilmember's Cave, Hielle, Rossbach member Juenemann Public Works Director, Chuck Ahl, presented the who are objecting to their street assessments of some cost savings within this project of $$5,0001 in exchange, the property owners would agree to improvements. for ten property owners on Mississippi Street .72 per property owner. Staff proposed to use ill park equipment within the vacant city parcel; ,sessments as their contribution to the area Mayor Longrie asked if anyone wanted to speak i rding this item. Mr. Robert Arndt, Sloan Street Maplewood, addressed the council. He feels if Mississippi Street didn't receive the full street treatment it would be a detriment to his property and should be treated the same as Sloan Street. Having the playground equipment would bring additional traffic to Mississippi Street. Steve `Dang,'2050 Skillman Avenue East Maplewood, addressed the council. He appealed the at assessment. The playground would benefit other areas. Even though there are 40 units within area he felt it wasn't a fair comparison to charge them per owner under commercial property pared to the residential charge. A number of tenants are low income and it's hard to find tenants due to the location, traffic and freeway noise. Councilmember Hjelle moved to approve the Mississippi Street apartment buildings assessments of $8,298.72 each for a total of $82,987.20. Seconded by Councilmember Juenemann. Ayes — Councilmember's Hjelle, Juenemann, Rossbach Nays — Mayor Longrie, Councilmember Cave Councilmember Hjelle moved to deny the use of funds from this street project to install playground equipment in this location. Seconded by Councilmember Juenemann. Ayes - All June 11, 2007, City Council Meeting 10 C�n�|memb�Ca�a�e �ewmu�wo���ChuchAh|�bhnQfo�a� to assist with the installation of playground equipment in the vicinity of the Mississippi Street Apartments. RESOLUTION 07-06-077 ADJUSTMENTS TO ASSESSMENT ROLL VVMEREA8, pursuant to a resolution adopted by the City Council 14.2O0Othe assessment roll for the Desoto-Skillman Area Street Improvements Project DO-18. was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, thirty-two (32) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. 1 and 17292243008): Mr. Silverman submitted a letter on May 31 s requesting the assessment to Mount Zion Cemetery be waived or reduced based on a financial hardship the assessment presents. 2. Harry and Mary Rymmam,@04 Kingston Avenue (PIN 1 TheRvmens disagree with the |inaml-fnznt-fUot computation of their assessment that has been applied to their lot due bothe c lassification of the | a 1 - unit assessment. — Moises and -----' - . - _''--.'=---, 0113 Th request a revision to their assessment as it presents a financial hardship. 4. Azure Properties N 17 Azure Properties disagrees with the assessment of the full lineal front footage of the property along Desoto Street. They request that the storm sewer assessment be cancelled since their storm water runoff is already being managed on the property. They also requested that the lineal-front-footage on the street assessment be reduced to that oart of the orooertv which is built-out. 5. Joseph Tarnowski, 453 Roselawn Avenue (PIN 17-29-22-23-0061): Mr. Tarnowski disagrees with the 2-unit assessment that has been applied to his property. He also disagrees with the storm sewer assessment, believing that he has already been assessed for storm sewer when Desoto Street was constructed in 1967. Mr. Tarnowski requests cancellation of the 2 nd unit assessment and cancellation of the storm sewer assessment. 6. Doug Jones, NorthStar Properties of Minnesota, Inc. representing 4 separate properties along Desoto Street with addresses 1997, 1993, 2007 and 2019; and 7 separate properties along Clark Street with addresses 1985, 1994, 1999, 2008, 2011, 2020 and 2025. o. Mr. Jones contacted staff engineer Steve Kummer regarding the |inaal-fnz e assessment bo his properties, citing that the corner lots were being assessed for both the front- footage and the eide|ct frontage along a reconstructed street. Since then. City Staff have revised total assessment to the 11 properties by subtracting the sidelot frontage amounts from the corner lots. These amounts were revised prior to the assessment hearing on May 14, 2007. b. Mr. Jones objects to the partial street reconstruction assessment as he believes that the water main replacement is unnecessary and that Clark Street is in good condition and does not need a partial reconstruction. He requests a reduction in his assessment. June 11, 2007, City Council Meeting 11 7. James Fitzgerald, 2141 Desoto Street (PIN 17- 29- 22- 22- 0004): Mr. Fitzgeralkl��w� the storm sewer assessment believing that he has already been assessed for storm ewer Then esoto Street was constructed in 1967. Mr. Fitzgerald requests a revision to his total assessment and a cancellation of the storm sewer assessment. 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17- 29- 22- 23- 0037): Ms. Lawislak and several other owners within the Tarrytown Townhome Association contacted staff engineer Steve Kummer regarding the lineal- front - footage assessment to the town home common property and disagreements in regard to the multi - family residence classification. She also disagreed with including the sidelot frontages of the property along Mt. Vernon and Skillman Avenues. Since then, City Staff have revised the assessment to exclude the sidelot frontages from the assessment computation. The individual assessments to each of the 26 townhomes were revised prior to the assessment hearing on May 14, 2007. 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN 17- 29- 22 -23- 0029): Ms. Walz' objection is similar to Paula Lawislak's objection as stated in #7 above. Ms. Walz is part of the several townhome owners who contacted City Staff requesting a revision in the assessment. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17- 29-22-23- 0025): The Marquettes' objection is similar to Paula Lawislak's objection as stated in #7 above. The Marquettes are part of several townhome owners who contacted City Staff requesting a revision in the assessment. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18- 29- 22 -41- 0031): Ms. Bauer requests a deferment to her assessment due to financial hardship. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17- 29- 22 -34- 0059): Ms. McFarland requests a cancellation of the assessment to her property as the street reconstruction project does not benefit her property and that she has primary access to Edgerton Street. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17- 29- 22 -34- 0106): Ms. Tran requests a deferment or cancellation of her assessment due to financial hardship. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17- 29- 22 -43- 0071): Mr. Kubesh requests a cancellation of the assessment to his property as his property primarily faces Edgerton Street and does not utilize Kingston Avenue as his primary access to his property. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17- 29- 22- 24- 0025): Mr. Faulkner disagrees with the 2nd unit assessment applied to his lot. He requests a cancellation of the 2nd unit assessment to his property. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17- 29- 22- 34- 0114): Mr. Perez requests a deferment to his assessment as it presents a financial hardship. 17. Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17- 29- 22- 34- 0057): Mr. Alverez spoke to staff engineer Steve Kummer prior to the assessment hearing indicating that he requests a deferment to his assessment as it presents a financial hardship. 18. Ann Rinehart, 2140 Desoto Street (PIN 17- 29- 22- 21- 0106): Ms. Rinehart requests a cancellation or revision to the assessment to her property as she believes that she has been already assessed for street and storm sewer with the construction of Desoto Street in 1967. 19. Ming Yang Wang, 2106 Desoto Street (PIN 17- 29- 22- 21- 0036): Mr. Wang requests a cancellation or revision to the assessment on his property as the street is in good repair and that the assessment will present a financial hardship. June 11, 2007, City Council Meeting 12 20. Annastacia Belladonna, 2144 Bradley Street (PIN 17- 29- 22- 21- 0110): Ms. Be la onn with the assessment and requests more information about the breakdown of the assessment funds. She has also indicated that the assessment will present a financial hardship. A deferment, cancellation or revision of the assessment has been requested. 21. Wayne Hruby, 1720 Desoto Street (PIN 17- 29- 22- 34- 0042): Mr. Hruby disagrees with the 2nd unit assessment to his property. He requests cancellation of the 2n unit assessment as there is a question as to whether his property can be split into another buildable lot. 22. Larry Whitcomb, 518 East County Road B (PIN 17- 29- 22- 21- 0099): Mr. Whitcomb requests a revision to the assessment on his property given that the water main under the street is not scheduled for replacement. 23. June Wendt, 1989 Arkwright Street (PIN 17- 29- 22- 23- 0071): Ms. Wendt requests a revision or senior citizen deferment to the assessment as it will present a financial hardship. 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18- 29- 22 -11- 0042): Mr. Dang requests a deferral or cancellation of the assessment as it will present 'a financial hardship. 25. Hung Dang, 2056 Mississippi Street (PIN 18- 29- 22 -11- 0043): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 26. Philong Dang, 2064 Mississippi Street (PIN 18- 29- 22- 11- 0045): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 27. Khai Van Dang, 2072 Mississippi Street (PIN 18- 29- 2 -11- 0046): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18- 29- 22 -11- 0047): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 29. Khai Van Dang, 2088 Mississippi Street (PIN 18- 29- 22 -11- 0049): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 30. Steven Dang, 2096 Mississippi Street (PIN 18- 29- 22 -11- 0050): Mr. Dang requests a deferral or cancellation of the assessment as it will present a financial hardship. 31. An Nguyen 2104 Mississippi Street (PIN 18- 29- 22- 11- 0051): Ms. Nguyen requests a deferral or cancellation of the assessment as it will present a financial hardship. 32. Toua Xiong, 2112 Mississippi Street (PIN 18- 29- 22- 11- 0053): Ms. Xiong requests a deferral or cancellation of the assessment as it will present a financial hardship. 33. Kim Nguyen, 2120 Mississippi Street (PIN 18- 29- 22 -11- 0054): Ms. Nguyen requests a deferral or cancellation of the assessment as it will present a financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Desoto - Skillman Area Street Improvement, Project 06 -16: June 11, 2007, City Council Meeting 13 Jack Silverman, Board Member of Mount Zion Cemetery, 1670 Payne Aver�1 and 17292243008): Grant the request to reduce the assessment from $92,95 t is recommended to waive the $15,366.80 storm sewer and apply a traffic credit to the property as little traffic generated. A 50 credit would revise the street assessment from $92,950.40 to $46,475.20. A 75% credit would revise the street assessment to $23,237.60. Staff recommends that a 75% traffic credit be applied and revise the assessment to $23,237.60. 2. Harry and Mary Ryman, 604 Kingston Avenue (PIN 17- 29- 22-43- 0026): Grant the request to revise the lineal- front -foot assessment to their property to a 1 -unit assessment from a multi family assessment. The current assessment amounts to the property are $7,936.00 for street and $1,312 for storm sewer totaling $9,248.00. The revised assessment amounts will be $4,960.00 for street and $820 for storm sewer totaling $5,780.00. 3. Moises and Ireneo Perez Rodriguez, 1699 Jessie Street, (PIN 17-29-2 Grant a financial hardship deferment, subject to the receipt of the necessary, documents to be approved by the city engineer. 4. Azure Properties, representing the Rosoto Villas, 1901 Desoto Street, (PIN 17- 29- 22 -32- 0001): Grant the revision to the street assessment. The lineal - front - footage, assessment will b based on the frontage along Desoto Street from a site retaining wall to the corner of Roselawn Avenue and Desoto Street. Hence, the assessable lineal- front - footage will be revised from 473 lineal feet to 210 lineal feet for the street assessment. Deny the cancellation of the storm assessment. The existing ponding area composes a portion of the green -space percentage of the property and is needed to meet density requirements. The storm assessment will remain at the full length of 473 lineal feet. The current assessment amounts to the property are $46,921.60 for street and $7,757.20 for storm sewer totaling $54,678.80. The revised assessment to the property will be $20,832.00 for street and $7,757.20 for storm sewer totaling $28,589.20. 5. Joseph Tarnowski, 453 Roselawn Avenue (PIN 17- 29- 22 -23- 0061): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing. the deferred assessment shall be cancelled. And to grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $7,400.10 for street, with $3,700 being deferred upon completion of the signed agreement. 6. Doug Jones, NorthStar Properties of Minnesota, Inc representing 4 separate properties along Desoto Street with addresses 1997, 1993, 2007 and 2019; and 7 separate properties along Clark Street with addresses 1985, 1994, 1999, 2008, 2011, 2020 and 2025: Deny revision of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing a full street reconstruction due to deep utility repairs. 7. James Fitzgerald, 2141 Desoto Street (PIN 17- 29- 22- 22- 0004): Grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $3,700.00 for street improvements. 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17- 29- 22- 23- 0037): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. June 11, 2007, City Council Meeting 14 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN - 2423): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17- 29-22-23- 0025): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18- 29- 22- 41- 0031): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17- 29- 22- 34- 0059): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00 This will be revised to $0.00. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17- 29- 22 -34- 0106): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17- 29- 22-43- 0071): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00. This will be revised to $0.00. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17- 29- 22- 24- 0025): Grant revision to assessment and cancel all assessments to the property as primary access to the property is from Roselawn Avenue and benefit to the property will be realized with a future reconstruction of Roselawn Avenue. Current total assessment is $9,040.00. This will be revised to $0.00. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17- 29- 22 -34- 0114): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 17. Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17- 29- 22- 34- 0057): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 18. Ann Rinehart, 2140 Desoto Street (PIN 17- 29- 22 -21- 0106): Grant the request to cancel the storm sewer assessment as storm sewer construction was determined to be paid as part of the Desoto Street construction in 1967. The revised assessment amount will be $3,700.00 for street improvements. 19. Ming Yang Wang, 2106 Desoto Street (PIN 17- 29- 22- 21- 0036): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny request to cancel assessment, as benefit to property is realized. 20. Annastacia Belladonna, 2144 Bradley Street (PIN 17- 29- 22- 21- 0110): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. City staff have been in contact with Ms. Belladonna regarding her requests for information about the assessments. 21. Wayne Hruby, 1720 Desoto Street (PIN 17- 29- 22- 34- 0042): Deny request for cancellation of 2nd unit assessment to property. Community Development and Public Works agree that it is possible to split the lot. The correspondence with Mr. Hruby regarding the research done is attached to this resolution. Grant deferment of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. June 11, 2007, City Council Meeting 15 22. Larry Whitcomb, 518 East County Road B (PIN 17- 29- 22- 21- 0099): Deny revtseon o as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. 23. June Wendt, 1989 Arkwright Street (PIN 17- 29- 22 -23- 0071): Grant senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny revision to assessment, as benefit is received to property for the street improvement. 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18- 29- 22- 11- 0042): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 25. Hung Dang, 2056 Mississippi Street (PIN 18- 29- 22- 11- 0043): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 26. Philong Dang, 2064 Mississippi Street (PIN 18- 29- 22- 11- 0045): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 27. Khai Van Dang, 2072 Mississippi Street (PIN 18- 29 -22 -11 +0046): Deny cancellation of assessment as benefit is received and offer a financial' hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18- 29-2- 11- 0047):' Deny cancellation of assessment as benefit is received and offer a financial' hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 29. Khai Van Dang, 2088 Mississippi Street (PIN 18- 29- 22 -11- 0049): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary oaoerwork. Kc 2096 M gyred and 31. An Nguyen 2104 1 benefit is received and review of the r 32. Toua Xiong, 2112 benefit is received and review of the r ►sippiStreet (PIN 18- 29- 22 -11- 0050): Deny cancellation of assessment as r a`financial hardship' deferral option which would be granted upon receipt y paperwork. ppi Street (PIN 18- 29- 22 -11- 0051): Deny cancellation of assessment as r a financial hardship deferral option which would be granted upon receipt y paperwork. ppi Street (PIN 18- 29- 22- 11- 0053): Deny cancellation of assessment as a financial hardship deferral option which would be granted upon receipt paperwork. 33. Kim Nguyen, 2120. Mississippi Street (PIN 18- 29- 22- 11- 0054): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. B. The assessment roll for the Desoto - Skillman Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. June 11, 2007, City Council Meeting 16 C. Such assessments shall be payable in equal annual installments exte� of 15 years, the first installments to be payable on or before the first Monday in Jan ry an s all bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. A fifteen minute break was taken at 9:32 —,9:47 o.m. 1.5 Clarification of the resolution for adootino the Gladstone Plan into Land Use Plan. City Attorney, Alan Kantrud watched the DVD of the March 12, 2007, city council meeting and discovered that the resolution was in fact not voted on because the resolution was not included in the packet for the city council to vote on. After a very lengthy discussion the city council decided this discussion could be addressed at a`future city council meeting and that the minutes had already been voted on and approved. 2. Gladstone Area Improvements, City Project 04 -21, Review of Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR. a. Public Works Director, Chuck AM presented the report. Councilmember Cave moved to approve the Gladstone Area Improvements, City Proiect 04 -21, ReviE of Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR. CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 07 -06 -078 A RESOLUTION APPROVING THE FINAL AUAR AND MITIGATION PLAN FOR THE GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved a resolution authorizing that an Alternative Urban Area wide Review ( "AUAR ") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and June 11, 2007, City Council Meeting 17 WHEREAS, the City of Maplewood has conducted a master planning projA j @lflttc3ne Area Redevelopment Master Plan that has included a number of public meetings and an WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the City of Maplewood has conducted and received all comments and responses to the AUAR document and prepared a draft Mitigation Plan that does hereby address all concerns and issues raised during the AUAR process; and WHEREAS, EQB guidance calls for a mandatory 10 -day public comment and objection period on the Final AUAR and Mitigation Plan document; and WHEREAS, the Final AUAR and Mitigation Plan were distributed for review and no substantive comments or objections were received. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the Final AUAR and Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be approved and notice of approval be distributed to the EQB and all individuals and agencies who received the Final AUAR and Mitigation Plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. MAYOR CITY MANAGER Seconded by Mayor Longrie. Ayes — All 3. Gladstone Area Improvements, City Project 04 -21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61 /Frost Avenue. a. Public Works Director, Chuck Ahl gave the report. Councilmember Cave moved to approve the Gladstone Area Improvements, City Project 04 -21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61 /Frost Avenue. Mr. Ahl suggested a friendly amendment to the motion to include the round -a -bout and storm water improvements into the resolution which was accepted by Councilmember Cave. June 11, 2007, City Council Meeting 18 RESOLUTION 07 -06 -079 Agenda Item E2 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR LCDA GRANT AND INTERSECTION IMPROVEMENTS AT TH 61 /FROST WHEREAS, the Metropolitan Council has awarded a grant to the City of Maplewood in the amount of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment, and WHEREAS, it is proposed that improvements in the form of turn lane improvements, sidewalk /trail improvements, construction of a roundabout, storm water improvements, utility improvements and intersection improvements at TH 61 and Frost Avenue to be coordinated with Ramsey County and MnDOT for Phase 1 for the Gladstone Area Redevelopment Project, City Project 04 -21 be implemented. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed improvement project be referred to the city engineer for study and that he is instructed and authorized to have prepared plans and specifications for the making of said improvements consistent with the awarded grants for the LCDA Improvements and said intersection improvements as coordinated with MnDOT and Ramsey County. 2. That funds, in the amount of an additional $200,000, are appropriated from future project expenses for the purpose of preparing said plans and specifications. Said funds to be reimbursed from LCDA grant funds, MSS funds and other project related revenues as approved by the Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilm 4. Gladstone Area Iml and East Shore Dri a. Public V1 Councilmember Ca WE vements, City Project 04 -21, Resolution Accepting Turnback of Frost Avenue in Exchange for County Road D from TH 61 to White Bear Avenue. Director, Chuck Ahl presented the report. to approve the Gladstone Area Improvements, City Project 04 -21, RESOLUTION 07 -06 -080 WHEREAS, Establishment of "County State Aid Highway" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -173 on May 8, 2007, locating, establishing, designating and numbering CSAH 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system of Ramsey County, and June 11, 2007, City Council Meeting 19 WHEREAS, said resolution locates and establishes the subject County AS 0A Pff 2X/ within the corporate limits of the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, locating and establishing the above County State Aid Highway within the City limits is in all things approved. RESOLUTION 07 -06 -081 WHEREAS, Revocation of "County State Aid Highway" (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statues §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -174 on May 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Trunk Highway 61 to Frost Avenue; East Shore Drive (CSAH 62) from Frost Avenue toLarpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. MUNICIPAL CONCURRING RESOLUTION 07 -06 -082 WHEREAS, Establishment of "County State Aid Highway" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -173 on May 8, 2007, locating, establishing, designating and numbering CSAH 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system of Ramsey County, and WHEREAS, Said resolution locates and establishes the subject County State Aid Highway within the corporate limits of the City of Maplewood; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood, that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, locating and establishing the above County State Aid Highway within the City limits is in all things approved. ADOPTED JUNE 11, 2007 ATTEST: CERTIFICATION Mayor City Clerk I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on June 11, 2007. City Clerk City of Maplewood June 11, 2007, City Council Meeting 20 MUNICIPAL CONCURRING RESOLUTION 47 -06 -08Pgenda Item E2 WHEREAS, Revocation of "County State Aid Highway" (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -174 on March 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Frost Avenue to Larpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be it RESOLVED, By the City Council of the City of Maplewood, that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. ADOPTED JUNE 11, 2007 ATTEST: Mayor City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on June 11, 2007. City Clerk City of Maplewood Seconded by Councilmember Hjelle. Ayes - All 5. Lawful Gambling Ordinance — Second Reading. a. Citizen Services Director, Karen Guilfoile, gave the report. Councilmember Hjelle moved to approve the Second Reading of the Lawful Gambling Ordinance Seconded by Councilmember Cave. Ayes — All L. NEW BUSINESS Corner Kick Soccer Center Expansion at 1357 Cope Avenue a.) Conditional Use Permit Revision b.) Design Approval June 11, 2007, City Council Meeting 21 a. Planner, Ken Roberts, presented the report. Agenda Item E2 b. Matt Ledvina, CDRB member reported on the board's comments. C. Joe Walton, PC reported on the planning commissioner's comments. d. Ryan Manning, Owner of Corner Kick, 1357 Cope Avenue, addressed the council. e. Mike Hoeffler, Architect, Lake Elmo, addressed the council. Councilmember Cave moved to adopt item A. the resolution on A. Adopt the resolution on pages 49 — 51 of the staff report. This resolution approves a revision for the conditional use permit for Corner Kick Soccer Center at 1357 Cope Avenue. CONDITIONAL USE PERMIT REVISION RESOLUTION 07 -06 -084 WHEREAS, Mr. Ryan Manning, representing Corner Kick Soccer Center, has requested a revision to the conditional use permit for the soccer center. WHEREAS, this permit applies to the existing soccer center property at 1357 Cope, Avenue and the vacant properties to the west of the existing soccer center. The legal descriptions are: CORNER KICK LEGAL DESCRIPTION #1 Existing — 1357 Cope Avenue 10- 29- 22- 32 -00 -14 IN SECTION 10, TOWNSHIP 29, RANGE 22, EXCEPT WEST 398' FT; THE PARTS OF HWY 36 & WEST RAILROAD RIW (Bruce Vento Trail) OF THE NW % OF SW 14 (SUBJECT TO ROAD) 10- 29- 22- 32 -00 -17 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF WEST 398 FT OF SW Y2 OF NW' /4 OF SW' /4 NORTHEASTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH Y2 OF NW' /4 OF SW 1 /4; THE EAST 342 FEET ALONG THE SOUTH LINE OF SAID SOUTH 1 /2 OF NW' /4 OF 3 WEST' /4 TO POINT OF BEGINNING, THEN N 91.86 FT PARALLEL TO WEST LINE, SAID SOUTH '/2 CORNER KICK LEGAL DESCRIPTION #3 10- 9- 22- 32 -00 -18 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF THE WEST 398 FT OF THE SW' /2 OF NW' /4 OF SW' /4 SOUTHWESTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH' /2 OF NW' /4 OF SW 1 /4; THE EAST 342 FT ALONG SOUTH LINE OF SAID 1 /2 OF NW % OF SW % TO POINT OF BEGINNING; THEN NORTH 91.86 FEET PARALLEL TO WEST LINE SAID SOUTH' /2 WHEREAS, the history of this conditional use permit revision is as follows: 1. On May 1, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On June 11, 2007, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. June 11, 2007, City Council Meeting 22 NOW, THEREFORE, BE IT RESOLVED that the city council approve the a described conditional use permit revision for the following reasons: 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: Development may app. _ye m.innr nhannec 1. All construction shall follow the plans date - stamped April 6, 2007 and the plans date - stamped May 31, 2007. The city council may approve major changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: a. Revising the proiect plans to meet all the conditions of the city engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Review Board (CDRB) or the city council. PeFmit sh;all bAr-gmt; A-ill ;;Pd good Thp G-Q 1 lRGiI may exteAd this deadline for ene yeap. 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. June 11, 2007, City Council Meeting 23 Agenda Item E2 3. The city council shall review this permit revision one year from the date of approval. 4. The owners /operators of the soccer center, the fire marshal and the city building official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existing building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. 5. 6. The owner or operator shall be responsible for on their property. 7. The owner or operator shall post the driveways ntenance and clean up of the oondino areas 9 outside the center, for the enforcement of noise rules and how they will deal with, control and minimize other disturbances on their property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Maplewood bases this permit revision on the findings required by the code and it is subject to the following conditions (the additions are underlined and the deletions are crossed out): 1. All construction shall fallow the plans date - stamped April 6, 2007, and the plans date - stamped May 31, 2007. The city council may approve major changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: a. Revising the proiect plans to meet all the conditions of the city engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Review Board (CDRB) or the city council. June 11, 2007, City Council Meeting 24 Agenda Item E2 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. 3 The city council shall review this permit revision one year from the date of a 4. The owners /operators of the soccer center, the fire marshal and the _city bui on a plan for the soccer center to make the required life safety and building existing building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and mon c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped 'accessibility cod 5. 6. 7. 8. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, including the installation of the sidewalk along Cope Avenue. on their property. The owner or operator of Corner. Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonably loud noise in the parking lot that disturb nearby residents. The owner or operator shall submit a plan to citv staff for the education of their patrons about behavior ded by Mayor Longrie.' Ayes — Mayor Longrie, Councilmember's, Cave, Hjelle, Juenemann Abstention — Rossbach Councilmember Cave moved to approve the staff recommendation item B. B. Approve the grading and drainage plans date - stamped April 6, 2007, and the plans date - stamped May 31, 2007 (site plan, landscape plan, and building elevations) and the building elevation for the north and west sides submitted at the May 8, 2007, CQRB meeting for Corner Kick Soccer Center. The city bases this approval on the findings required by the code. This approval is subject to the applicant or contractor doing the following: 1. Repeat this review in two years if the city has not issued a grading permit or a building permit for this project. June 11, 2007, City Council Meeting 25 2. Complete the following before the city issues a grading or building permit: Agenda Item E2 a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 -year high ''water elevation for the ponds. (b) Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and a fence on the top to help prevent falls. The design and materials for the retaining walls are subject to staff approval. The city encourages the applicant and designer to tier the retaining wall and add landscaping along the front, the tiers and the back of the wall. (f) Show the required sidewalk along Cope Avenue. (3) The tree plan shall (a) Be approved by the city engineer or city environmental manager before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show the size, species and location of the replacement trees. The spruce and pine trees shall be at least eight feet tall (not two and one half (2 112) inches in diameter). (d) Show no tree removal beyond the approved grading and tree limits. (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (5) The project engineer shall submit to the city a storm water management plan, including drainage and ponding calculations, for the proposal. (6) Make all the changes and meet all the conditions as required by the city engineer and as noted by Michael Thompson in the memo dated April 23, 2007. June 11, 2007, City Council Meeting 26 b. Submit a certificate of survey for all new construction. Agenda Item E2 c. Submit a revised landscape plan to staff for approval that incorporates or shows the following details: (1) The manicured or mowed areas from the natural areas. The native grasses and flowering plants shall be those needing little or no maintenance. Specifically, the developer or contractor shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (2) The location of all large trees on the site. (3) That all new trees would be consistent with city standards for size, location and species. (4) The planting (instead of sodding) the disturbed areas around the ponding areas with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of people mowing into the pond. (5) The plantings proposed around the building shown on the landscape plan date - stamped May 31, 2007, shall remain on the plan. (6) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged plantings or tree beds). (7) No landscaping being put in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. (8) The relocation of some of the evergreen trees now shown on the landscape plan along the north side of the building and along the south side of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows wherever possible. The contractor shall place the trees on the north side of the addition to help break up the large wall and on the south side of the site to reduce the effects of motor vehicle headlight glare onto adjacent residential properties. (9) An underground irrigation system for all landscape areas. d. Submit final, revised north -wall building elevations and material samples and color schemes for the building addition to staff for approval. The revised building elevations for the north side should include placing the downspouts in the center and integral (flush) to the piers. All building materials and windows (including the frames and glass) shall be compatible with the existing building, including the proposed metal panels that should match the color of the existing building. e. Get the necessary approvals and permits from the watershed district. f. If necessary, get any approvals and permits from Ramsey County. g. Get the necessary approval and permits from MnDOT. h. Provide city staff with design details (height, depth and materials) about the proposed retaining walls, including any fencing for those that are more than four feet tall. June 11, 2007, City Council Meeting 27 i. Provide for city staff approval the final photometric plan that includes informs' fain about L eTieight of the proposed light fixtures and details about the style of the light fixtures. j. The owner shall combine all three properties into one at Ramsey County for tax and identification purposes and provide the city with documentation of this action. k. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before using the new parking lots or before occupying the building addition: a. Replace property irons that are removed because of this b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install a handicap - parking sign for each handicap - parking space and an address on the building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and elsewhere, as may be required by staff. e. Paint any visible roof -top mechanical equipment to match the uppermost part of the building. (code requirement) f. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent properties. g. The develop all grading for the site drainage and meet all city requirements. Place temporary orange safety fencing and signs at the grading limits. ) Remove any debris or junk from the site. (4) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on the approved project plans. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above- required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. June 11, 2007, City Council Meeting 28 5. All work shall follow the approved plans. City staff may approve minor chaRb% hn plans. 8 6. This approval does not include signage. All proposed signs must be approved the community design review board and the applicant shall get sign permits from the city before the installation of any signs. Seconded by Mayor Longrie. Ayes - All Councilmember Hjelle moved to Seconded by Councilmember Cave. 2. Costco on the North side of Beam Avenue, Councilmember's J of Bruce Vento Trail ncilmember's Cave, ann, Rossbach a.)Conditional Use Permit b.)Parking Reduction Authorization a. Senior Planner, Tom Ekstrand presented the report. Staff handed out revised plans dated May 31, 2007, and he requested the recommendations on page 5 of the staff report be changed to reference May 31, 2007, instead of the April 3, 2007, date listed. b. Ted Johnson, Costco, Oak Brook, Illinois, addressed the council. C. Joe Walton, Planning Commissioner, addressed the council. Councilmember Cave moved to adopt item A. the resolution for Costco, changing the date for the plans from April 3, 2007, to May 31, 2007. A. Adopt the resolution approving a conditional use permit for the tire - service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 61 on the north side of Beam Avenue. Approval is based on the findings required by the ordinance and subject to the following conditions: (Changes to the motion are underlined.) CONDITIONAL USE PERMIT RESOLUTION 07 -06 -085 WHEREAS, Costco Wholesale Corporation applied for a conditional use permit to be allowed to install a fuel station and tire- service center on the recently - approved Mogren Retail Addition, formerly the Country View Golf Course property; WHEREAS, this permit applies to the 16 -acre site in the southeast corner of the Mogren Retail Addition planned unit development. The legal description is: LOT 1, BLOCK 2, MOGREN RETAIL ADDITION WHEREAS, the history of this conditional use permit is as follows: Ayes — Mayor Long June 11, 2007, City Council Meeting 29 On May 1, 2007, the planning commission held a public hearing. The c�tTPagp a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this conditional use permit. 2. The city council reviewed this request on June 11, 2007. The council considered the reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above - described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The development shall follow the plans date - stamped May 31, 2007, except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. June 11, 2007, City Council Meeting 30 Agenda Item E2 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF JUNE 2007. THIS 11 DAY OF 1. The development shall follow the plans date - stamped May 31. 2007 except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. Seconded by yes — Mayor "Longrie, Councilmember's Cave, Hjelle, Rossbach — Councilmember Juenemann Approve the'parkir spaces in case the paving and curbinc restriping to add m Council waiver as proposed subject to the retention of the proposed "proof of parking" are needed for future parking needs. If a parking shortage develops after the if the "proof --of- parking" spaces, the city council may require parking lot Hjelle. Ayes — All 3. Century Avenue Improvements, City Project 03 -15, Resolution Accepting Feasibility Study and Ordering' Public Hearing. a. Public Works Director, Chuck Ahl presented the report. This public hearing would be June 25, 2007, at 7:15 p.m. Councilmember Cave moved to approve the Century Avenue Improvements, City Project 03 -15, Resolution Accepting Feasibility Study and Ordering Public Hearing. June 11, 2007, City Council Meeting 31 Seconded by Councilmember Hjelle. Ayes — Councilmember's C'qncl1et'�tu�rmann, Rossbach Nom Mayor Longrie Mayor Longrie voted Nay because she doesn't believe the city has had an opportunity to develop a public policy with regard to things like this and the amount of debt the city is taking on. RESOLUTION 07 -06 -486 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted April 9th; 2007, a report has been prepared by the city engineering division with reference to the improvement of Century Avenue Improvements, City Project 03 -15, and this report was received by the council on June 11th, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $22,809,000. 2. A public hearing shall be held on such proposed improvement on the 25` day of June, 2007 in the council chambers of city hall at 7:15 p.m.; and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 4. Pond Overlook Public Improvements at 2161 County Road D, City Project 07 -08, Resolution Accepting Feasibility Study and Ordering Public Hearing. a. Public Works Director, Chuck Ahl, presented the report to the city council. Councilmember Cave moved to approve the Pond Overlook Public Improvements at 2161 County Road D, City Proiect 07 -08, Resolution Accepting Feasibility Study and Ordering Public Hearing RESOLUTION 07 -06 -087 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted March 12th, 2007, a report has been prepared by the city engineering division with reference to the improvement of Pond Overlook Public Improvements, City Project 07 -08, and this report was received by the council on June 11, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: June 11, 2007, City Council Meeting 32 1. The council will consider the improvement of Pond Overlook PuNJ e� ( 2161 County Road D) in accordance with the report and the assessment of abutting pe y or a I or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $263,427. 2. A public hearing shall be held on such proposed improvement on the 25 day of June, 2007 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — All 5. Desoto Skillman Area Street Improvements, City Project 06 -16, Petition to Install Street Light on Desoto Street. a. Public Works Director, Chuck Ahl, presented the report Mayor Longrie asked if anyone wanted to speak regarding this item. b. Dick Dufrene, 1721 Desoto Street, Maplewood, addressed the council. Councilmember Hjelle moved to approve the Desoto Skillman Area Street Improvements, City Project 06 -16, Petition to Install Street Light on Desoto Street. Seconded by Councilmember Cave. Ayes - All 6. Desoto Skillman Area Street Improvements, City Project 06 -16, Petition to Construct Parking Bays on Mount Vernon Avenue. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item. b. Doug Jones, 2505 Silver Lane NE, St. Anthony, addressed the council. Councilmember Rossbach moved to approve the Desoto Skillman Area Street Improvements, City Proiect 06 -16, Petition to Construct Parking Bays on Mount Vernon Avenue. With the direction for staff to work out the details with Doug Jones. Seconded by Mayor Longrie. Ayes — All 7. NPDES Phase II — Set Public Hearing Date of June 25, 2007, to Discuss 2006 Annual Report and Receive Comments From the Public. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Juenemann moved to approve the NPDES Phase II — Set Public Hearing Date of June 25, 2007, to Discuss 2006 Annual Report and Receive Comments From the Public. June 11, 2007, City Council Meeting 33 Seconded by Councilmember Rossbach. Ayes — All Agenda Item E2 8. Ferndale /Geranium Area Street Improvements, City Project 07 -14, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Rossbach moved to approve the Ferndale /Geranium Proiect 07 -14, Resolution Ordering Preparation of Feasibility Study Im RESOLUTION 07 -06 -088 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Ferndale /Geranium Area Streets, City Project 07 -14 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $125,000 are appropriated to prepare this feasibility report. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. enemann. Ayes — Councilmember's Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie 9. Lark /Prosperity Area Street Improvements, City Project 07 -15, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Rossbach moved to approve the Lark/Prosperity Area Street Improvements, City Proiect 07 -15, Resolution Ordering Preparation of Feasibility Study. June 11, 2007, City Council Meeting 34 RESOLUTION 07 -06 -089 Agenda Item E2 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Lark /Prosperity Area Streets, City Project 07 -15 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $150,000 are appropriated to prepare this feasibility report. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Hjelle. Ayes — Councilmember's Cave, Hjelle, Juenemann, Rossbach Nay - Mayor Longrie 10. Applewood Park Litigation a. City Attorney, Alan Kantrud presented the report. Mr. Kantrud stated an error had been made in the memorandum dated June 6, 2007, in the third paragraph, first sentence. The reference to Judge Warner is incorrect and it should say Judge Smith. He apologized for the error and requested the amendment be made. Councilmember Hielle moved to adopt the following resolution authorizing legal actions taken to quiet, and such actions to be taken, and authorizing staff and others to pursue whatever means necessary to preserve the comfort and repose of the public as they seek to enjoy Applewood Park while this litigation is active, including but not limited to the use of a restraining order preventing civil unrest on or around the property. RESOLUTION 07 -06 -090 RATIFYING ACTIONS TAKEN AND APPROVING FURTHER ACTION WHEREAS: the City of Maplewood is the owner of certain lands in the City designated by it as "Applewood Park," and has so- represented so since approximately 1995 and, WHEREAS: the City has made many improvements on said property for the benefit and enjoyment of the public and, WHEREAS: no challenge to the ownership or use of the property was made by anyone for the ten (10) years following the purchase and possession by the City of the Applewood Park property and, WHEREAS: certain parties have made claims and undertaken efforts to undermine the City's legitimate ownership interest in the Applewood Park property and, June 11, 2007, City Council Meeting 35 WHEREAS: the City has been cooperating with its title insurer in partici c, to "quiet" the title to the property known as Applewood Park due to our obligation o so as o lows: Paragraph 4d of the conditions and stipulations reads as follows, "In all cases where this policy permits or requires the company to prosecute or provide for the defense or any action or proceeding the insured shall secure to the company the right to so prosecute or provide defense in any motion or proceeding and all appeals therein, and permit the company to use, at its option, the name of the insured for this purpose." Paragraph 4d of conditions and stipulations also contains the following language "Whenever requested by the company, the insured, at the company's expense, shall give the company all reasonable aid in (i) any action or proceeding, securing evidence, obtaining, witnesses, prosecuting or defending the action proceedings, or effecting settlement, (ii) any other lawful act which in the opinion of the company may be necessary or desirable to establish the title to the estate or interest as insured. If the company is prejudiced by the failure of the insured, the policy shall terminate, including any and all liability or obligation to defend, prosecute or continue any litigation with regards to the matter or matters requiring such cooperation." Section 13(a) contains the following language: "The company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim would have had against any person or property in respect to the claim had this policy not been issued. If requested by the company the insured claimant shall transfer to the company all rights and remedies against any person or property necessary in order to protect the rights of subrogation. The insured claimant shall permit the company to sue, compromise or settle in the name of the insured claimant and to use the power of the insured claimant in any transactions or litigation involving these rights or remedies." WHEREAS: the City is aware that members of the public and City staff are being subjected to needless harassment and extra work due to the direct actions of parties to the current litigation and such a result is not in the best interests of the City, its staff or its residents. THEREFORE BE IT RESOLVED: that the Maplewood City Council does hereby approve of the ongoing efforts to quiet title to the property known as Applewood Park and specifically authorizes the use of the courts to settle the matter and, RESOLVED: that the Maplewood City Council will continue to support and participate if required in future proceedings pursuant to its obligation to do so as written in the contract that constitutes the policy of title insurance covering the property known as Applewood Park and, RESOLVED: that the Maplewood City Council specifically authorizes its staff and agents and attorneys to use whatever means necessary to secure the park property from unnecessary acts of civil disobedience and or criminal conduct including but not limited to the securing of civil restraining orders as required. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. Seconded by Councilmember Rossbach. Ayes - All June 11, 2007, City Council Meeting 36 11. Request for Resolution Supporting a Financing Program For The VillagA80gVW Multi - Family Rental Housing Development. a. Finance and Administration Manager, Bob Mittet, gave the report. b. Daniel Lindh, 1800 Chatham Avenue, Arden Hills, addressed the council. He said they were hoping for 55 and over as suggested by the guidelines from the State of Minnesota for the TIF and not 62 and over as stated in the report. Age 62 and over was from the original project because it was HUD financed. Councilmember Rossbach moved to approve the staff recommendation item 1 -4: (with the correction to change the age restriction.) 1. Give preliminary approval to the proposal. 2. Call for a Public Hearing, to be held on July 9 to consider the proposal for issuance of revenue bonds. 3. Authorize an application for bonding authority to the Minnesota Department of Finance, and, 4. Authorize the preparation of necessary documents and materials. Councilmember Hjelle seconded. Ayes — All M. COUNCIL PRESENTATIONS 1. Ice Cream Social Councilmember Cave invited everyone to the Bruentrup Farm for the Ice Cream Social June 13, 2007, from 6:00 — 8:30 p.m. 2. CUP Mon Councilmember Cave said the city has been informed the group has merged with Chrysalis. She requested staff review the CUP for the above mentioned items and allow the planning commission to review them and bring any changes back to the city council to make any amendments. Staff should look into the fact that this group went to the state to request money for this facility. . Business Commission Mayor Longrie met with business owners within Maplewood and some business owners thought it would be nice to have a Business Commission to promote business opportunities in Maplewood. Apparently St. Paul has something like that. The Mayor will do more research on this. 4. Cam Councilmember Rossbach asked what the status was for the openings the city has available. City Manager, Greg Copeland, said the city has been advertising openings for two months in the Lillie News and on the city website. The city has received 2 applications for the Environmental Commission at this time, and interviews will be soon. 5. Contracting of Conservation Easement Issues Councilmember Rossbach asked for clarification regarding a motion made at a city council meeting authorizing the contracting of conservation easement issues because he didn't remember that occurred. June 11, 2007, City Council Meeting 37 Mr. Copeland said his recommendation was to move to where the city would b1j� from the Minnesota Land Trust to put before a matter of implementing that on the city pen space. Mayor Longrie recommended listening to the manager work shop DVD from a few months ago and find out what exactly was decided. Councilmember Hielle asked Mr. Copeland to add it to the next agenda to discuss further. 6. Consolidated Dispatch Councilmember Juenemann said June 11, 2007, was the grand opening at the Law Enforcement Center for the Dispatch Center. The dispatch center goes live Wednesday, June 20, 2007. Councilmember Juenemann thanked the dispatch center for their years of dedicated service and said Ramsey County should be excited and thankful for getting such an incredible group of people who have done an outstanding job. 7. Raingardens Councilmember Juenemann said her neighborhood had the raingarden experience as a follow up to last year's road project. It was unbelievably successful, staff was very helpful and people were impressed and happy to be doing it. She asked Chuck Ahl to thank the staff that dealt with the raingarden experience. 8. National Night Out Councilmember Juenemann wanted to remind people that National Night Out is Tuesday, August 7, 2007, and she said it's a good time for neighborhoods to organize a neighborhood crime watch program. N. CITY ATTORNEY -ALAN KANTRUD REPORTS City Attorney, Alan Kantrud said the Clear Channel Sign located off of Highway 494 still exists. The city was waiting for the case in Minnetonka to be resolved before Maplewood moved forward. This will require action by the city council in order to help resolve the issue because there is a clear conflict between what has been done and what the city code allows. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m. June 11, 2007, City Council Meeting 38 Agenda Item G2 1 To: Maplewood City Council From: Greg Copeland, City Manager Date: June 21, 2007 Re: Environmental and Natural Resources Commission V iii There were two applicants for one opening on the Environmental and Natural Resources Commission. The Commission when full has seven members. The term of this appointment will be until December 31, 2009. i •i 1. Frederica Ann Musgrove 2. Dale Trippler J ageffim we, eauc CITY OF MAPL.EWOOD Agenda Item G2 BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME: Frederica Ann Musgrave DATE: June 8, 2007 ADDRESS: PHONE #: Work: Horne: i E -mail: You may attach a resume or other summary of your background and experience for appointment to this Commission. 1. On which Board or Commission are interested in serving? ® Environ. & Natural Resources Commission 2. How long have you lived in the City of Maplewood? approximately 3 years 3. Will other commitments make regular attendance at meetings difficult? No 4. Please list specific reasons why you would like to serve on this Board or Commission? a. I would like to more actively support responsible use of our natural resources. b. I always enjoy working together with children, families, communities and organizations that share common goals of making the Earth a better place for all of us. c. I enjoy researching information, tallang to others, etc. to obtain accurate information and options of others, so that the welfare and future of all concerned are taken into account before decisions are made. 5. Do you have any specific areas of interest within the Board's or Commission's scope of responsibilities? a. My hobby for 20+ years has been growing native plants; I've gardened for 40f years. I would like to extend my interest to the preserves, wetlands preservation, etc. b. I took 3 environmental studies classes in 2005 -06 and used Maplewood Nature Preserves for some of my studies_ As a personal commitment/follow -up to those environmental classes, I volunteered to be the site monitor for Spoon Lake Neighborhood Preserve. In general, I noticed many things that could be better addressed in all the preserves: (1) better surveying, preservation and restoration of water, land, plants, and animals; (2) more inclusion of neighborhood, educational and community uses and needs for maintaining the preserves; (3) the potential need for more accurate and scientific monitoring and protecting of wetlands. c. I think there could be some discussion about the preserves (or other sites closer to neighborhoods) being used for "legalized" composting, off-leash dog parks, etc. d. I would like to support continued (and increased) citizen education and participation in recycling, simple conservation techniques, solar and wind power, protection of natural resources. 6. List any community organizations or activities in which you have recently or are now an active participant. a. I worked with WSCO's Environment Committee and supported recycling activities while living on the West Side (St. Paul) for 20+ years. I was an (unofficial) community activist. b. As an teacher of English Language Learners (ELL), mainly Hmong and Hispanic, I've encouraged Idds and their family members to respect and protect the environment, grow vegetables during the summer at school, attract birds and butterflies with native plants (area subsequently used for ELL & regular science classes for outdoor labs). I also worked with the YMCA Camp Widjiwagan to develop after- school student community leaders. c. I volunteered as a site monitor for the Spoon Lake Neighborhood Preserve this spring. There are many things I'd Iike to see done within the preserve, including more community involvement. d. Participated in the Maplewood rain garden project (Kenwood street project summer `06); attended Maplewood garden classes ('07); received Ramsey County Watershed grant ('07) for harvesting and better dispersal of rainwater. Please share any additional comments on why you should be selected by the City Council. a. I tend to ask good questions, come up with innovative ideas, and am concerned about the long -term just as much as short -term solutions. b. I like working with a diverse group of students and/or community members. c. I have political and community experience. I believe we all need to work together towards common goals, whatever our personal and political beliefs are. THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOMEAND IVORE TELEPHONE NUMBERS AND LMAILADDRESS ,Return er ntad iltis application to: City ofAfapteivood,1830 Cottnty Road B East, Afapletsbod, MN 55109 Agenda Item G2 Frederica Ann Musarave MINNESOTA PROFESSIONAL LICENSES English as a Second Language K -12 German 7 -12 QUALIFICATIONS & TRAINING IN DISTRICT INITIATIVES "Highly qualified" HOUSSE certification in 4 areas for ELL: Reading, Language Arts, Social Studies, and Science Writers Workshop Disciplinary Literacy in Science I and II SCIENCE - RELATED MEMBERSHIPS AASA (American Association for the Advancement of Science) NSTA (National Science Teachers Association) National Audubon Society Sierra Club EDUCATION Graduate Studies: Montana State University, Bozeman, MT (NTEN online science classes) Hamline University, St. Paul, MN (ELL certification) University of Minnesota, Minneapolis, MN (German and Curriculum & Instruction) Undergraduate Studies: Knox College, Galesburg, IL (B.A. Modern Languages) EMPLOYMENT IN EDUCATION FIELD (only St. Paul Public School District listed below) Hardincg Senior High School 2006 -present 9 -12th grade ELL teacher (include ELL Science) SETT Academy 2006 -07; 9 1 h Grade Academy 2007 -08 Washington Technology Middle School 2002 - 2006 6-8 grade ELL teacher (including ELL Science) Title I WINGS after school programs (bird & garden club, paper model club, and German classes) YMCA Camp Widjiwagan school and summer trips ASCD Discussion Group Johnson Senior Hi h School, 1999 - 2002 9 -12th grade ELL teacher (including ELL Science) School Liaison with Lao Family (after school Basic Skills classes) YMCA Camp Widjiwagan school and summer trips Advisor Widji Leaders Club (community service) MinneTESOL panel re: Hmong girls (Johnson support staff) �r NAME AL - FP, CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM Agendh'RWf W,2 SFp 2 0 «Ob City of �j Maplow.��o''od , ADDRESS PHONE NO Work: Home: DATE 1) How long have you lived in the City of Maplewood? .)z 2) Will other commitments make regular attendance at meetings difficult? Yes No Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission Environmental & Natural Resources Historic Preservation Commission ✓' Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? C� sin - rV 1 rn tsSP D �' •4u� cam. ��4u r.x.h- rn- w�.a�3 �.+� �+ + 1 -- • c,,L Ae vO a G, �fXNA WP ,ar r fdA �. 0 vw. )0 i ^ ►'' ' �.s _cam �A.v..,. .. 5) List other organizations or clubs in the Community in which you have ben or are a active p artic i pant: 6) Why would you like tt oserve on this Board or Commission? ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS .Rerune or mail this application to. City of Maplewood, 1830 Caratty Road B East, Maplewood, MN55109 0311810.1 S:iCfS _htGRlOnards & Commissions ApplirationADC Agenda Item H1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer DuWayne Konewko, Environmental Manager SUBJECT: NPDES Phase 11 Annual Report /Public Meeting DATE: June 11, 2007 INTRODUCTION As part of Maplewood's National Pollutant Discharge Elimination System (NPDES) permit, the City is required to prepare an annual report detailing the progress made in the previous year toward satisfying the requirements of the permit. The City is also required to hold a public meeting on the annual report to solicit comments from the public and address all comments, written and oral, in the final report submitted to the MPCA. Background A 1987 amendment to the federal Clean Water Act required implementation of a two -phase comprehensive national program to address pollution from storm -water runoff. This program was named the National Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of 10,000 or more. Maplewood was among a group of approximately 220 cities in Minnesota affected by NPDES Phase II. The State of Minnesota regulates the disposal of storm water by a State Disposal System (SDS) permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota and issues combined NPDES /SDS -MS4 storm -water permits. In March 2006, the city submitted its permit application to the MPCA. The permit cycle runs five years. The permit application required the City to develop a Storm Water Pollution Prevention Plan (SWPPP). The MPCA has established six minimum control measures that the SWPPP must address. They are: • Public Education and Outreach • Public Participation and Involvement • Illicit Discharge and Detection and Elimination • Construction Site Storm Water Runoff Control • Post - Construction Storm Water Management • Pollution Prevention and Good Housekeeping Maplewood's SWPPP defines the Best Management Practices (BMPs) the City intends to use to minimize pollution from storm water runoff for each of the six minimum control measures. The City's permit and SWPPP have been available for public viewing at the engineering counter and were also posted on the city's website. Articles posted on the website and published in the City newsletter encouraged residents to review the permit and SWPPP and submit any comments they may have. A phone number and email address were provided to receive any comments. As of June 19, 2007, no comments regarding the SWPPP had been received. Agenda Item H1 Staff has prepared a draft of the City's annual report and will make a short presentation on the City's SWPPP and the progress made toward the permit goals in the previous year. The floor should then be opened to the public for any comments they wish to make regarding the permit or draft annual report. All comments will be recorded and addressed in the final version of the annual report. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. The deadline for the annual report is June 30, 2007. CHANGES TO FUTURE NPDES REPORTING REQUIREMENTS — NON DEGRADATION PLANS The City of Maplewood is one of thirty cities in the State that will be required to submit a Non Degradation Plan as part of the NPDES permitting process. The MPCA will be responsible for reviewing the Non Degradation Plans and determining compliance. The criterion that was used to select these thirty cities was based on community size and growth experienced by the community. In selecting these thirty MS4 cities, MPCA is assuming that the discharge is significant and has the potential for increased loading of one or more pollutants. The Non Degradation Plan will require cities to develop a plan to address new or expanded discharges (runoff) and bring these discharges back to 1988 levels. Where increases in runoff or pollutant loading has occurred due to new or expanded discharges from stormwater runoff, the plan must identify and include retrofit and mitigation options or BMPs that reduce these discharges back to 1988 levels. The cities are also required to address potential growth through 2020. To meet this requirement, cities will have to perform loading assessments using water quality modeling for discharges and pollutants. When complete, the model will be used to determine where stormwater runoff has resulted in new or expanded discharges and then determine what strategies can be used to bring these discharges back to 1988 levels. The primary goal of this permit is to restore and maintain the chemical, physical, and biological integrity of "Waters of the State" through management and treatment of urban stormwater runoff. To meet this goal, the City of Maplewood must develop, implement, and enforce a Stormwater Pollution Prevention Program designed to reduce the discharge of pollutants from the City. As in the previous MS4 permit, public education and outreach activities are key in obtaining compliance with the permit requirements. The City must implement a public education program to distribute educational materials to the community and conduct outreach activities in the community. These educational program activities will focus on impacts of stormwater discharges and what steps the residents and businesses can take to reduce pollutants in stormwater runoff. The initial Non Degradation application was submitted to the MPCA in June of 2006. Maplewood's Non - Degradation plan was put on Public Notice by the MPCA and no comments were received during the sixty - day comment period. In order for the City to achieve compliance with the MS4 Permit/Non- Degradation requirements, the City will be required to spend substantial additional monies in the future. Additional monies will be required for infrastructure upgrades and these improvement requests will be presented to council pending the results of the findings from the report. Staff will also be updating the council on the progress with the requirements of the Non - Degradation Plan. The results from the loading assessment are due to the MPCA by December 31, 2007. 2 Agenda Item H1 RECOMMENDATION Staff recommends that following the presentation on the City's SWPPP and NPDES permit annual report and the update on the Non - Degradation Plan, the City Council open the floor for public comment. Prior to submitting the Non - Degradation Plan to the MPCA (due December 2007), staff will be presenting the findings and outcomes to council for review and comment. 3 Agenda Item H2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Brookview Area Street Improvements, Project 07 -01 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: June 14, 2007 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the July 9 t ", 2007 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Background The project involves the reconstruction of 1.8 miles of residential street with associated storm sewer, sanitary sewer main repairs, and storm water treatment in the neighborhood. Additionally, an overlay of westbound Hudson Place between the ramp and McKnight is proposed. The project also includes constructing a sound berm along the north side of Hudson Place. The proposed assessments for the Brookview Area Street Improvements total $768,669.20. A copy of the assessment roll is provided as a supplement to this report. As outlined in the feasibility study, the assessments are based on the standard rates approved for the 2007 construction season, and are as follows: Residential Rates: • $4,960 /unit for full street reconstruction (adding or replacing curb & gutter). • $3,700 /unit for partial street reconstruction (utilizing existing curb & gutter). • $820 /unit for drainage improvements. Commercial Rates: • $99.20 /Front Ft. for full street reconstruction (adding or replacing curb & gutter). • $74.00 /Front Ft. for partial street reconstruction (utilizing existing curb & gutter). • $16.40 /Front Ft. for drainage improvements. Agenda Item H2 Assessment Objections Filed 1. As of June 14, 2007 staff has received two objections to the proposed assessments: a. Parcel 01.28.22.12.0039 — Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. b. Parcel 01.28.22.12.0042 — Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship Staff will review all objections and provide the city council recommendations for motion at the July 9 2007 city council meeting. BUDGET IMPACT The proposed assessments are part of the project financing plan, approved in March, 2007. Any assessments that may ultimately be reduced or deferred will have an impact on the tax levy. A statement of tax levy impact will be made for the July 9 2007 council meeting when all the assessments objections and recommendations are considered. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for Brookview Area Street Improvements, City Project 07 -01. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map 4. Objection Letter from Vang Kong; 222 Sterling St N 5. Objection Letter from Johnny Jones; 200 Sterling St N RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14` , 2007, calling for a Public Hearing, the assessment roll for the Brookview Area Street Improvements, City Project 07 -01, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 01.28.22.12.0039 — Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. b. Parcel 01.28.22.12.0042 —Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on July 9` 2007, as to their recommendations for adjustments. 2. The assessment roil for the Brookview Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 25` day of June 2007. BROOKVIEW AREA STREET IMPROVEMENTS FINAL ASSESSMENT INFORMATION CITY PROJECT 07 -01 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS FRONT COMMERCIAL FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 12822120023 REGINALD E BRONSON 186 BROOKVIEW CT 1 - $820.00 $4,960.00 $5,780.00 12822120032 RICHARD L HAYS 187 BROOKVIEW CT 1 - N/A $4,960.00 $4,96090 12822120024 LAVERNE S NUTESON 192 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,52090 12822120031 ROBERT W MACK 193 BROOKVIEW CT 1 - 582000 $3,700.00 $4,520.00 12822120025 THOMAS D ALTRICHTER 200 BROOKVIEW CT 1 - 5820.00 $3,700.00 $4,52000 12822120030 KELLY A AUSTIN 201 BROOKVIEW CT 1 - N/A $3,700.00 $3,700.00 12822120026 MICHAEL E ZSCHOKKE 210 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,520.00 12822120029 BLANCA R GONZALEZ 211 BROOKVIEW CT 1 - N/A $3,700.00 $3,700.00 12822120027 CHARLES H BERG TRUSTEE 216 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,520.00 12822120028 CARL G ADAMSON 221 BROOKVIEW CT 1 - N/A $3,700.00 $3,700.00 12822110011 CITY OF MAPLEWOOD 0 BROOKVIEW DR 1 - N/A EXEMPT $0.00 12822210010 JACQUE A NELSON 2431 BROOKVIEW DR 1 - 5820.00 $3,700.00 $4,520.00 12822210009 JOSEPH T RECCHIO 2439 BROOKVIEW DR 1 - 5820.00 $3,700.00 $4,520.00 12822210011 CHARLES J DIEDERICH 2442 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210008 JON C ELIZONDO 2447 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210012 RONALD H KUBINSKI 2450 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210007 AM V NGUYEN 2455 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210013 ELIZABETH J WALKER. 2458 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,52090 12822210014 FLOY L ASHLEY 2466 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210006 PAO HER 2473 BROOKVIEW DR 1 - 5820.00 $3,700.00 $4,520.00 12822210015 DONALD L BROSKY 2474 BROOKVIEW DR 1 - 5820.00 $3,700.00 $4,520.00 12822210016 JAMES F PERMAN 2480 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210005 PERRY L ENGLE 2481 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210017 TIMOTHY V MILLER 2488 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210004 WAEL H ABDELKADER 2489 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210018 SHARON L UTGAARD 2496 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822120052 JAMES A BLOEMEN DAL 2510 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822120053 ROBERT R ARNOLD 2516 BROOKVIEW DR 1 - 5820.00 $4,960.00 $5,780.00 12822120045 HOUA VANG 2519 BROOKVIEW DR 1 - 5820.00 $4,960.00 $5,780.00 12822120054 PATRICK J SCOLES 2524 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822120055 LILA H MILLAR 2530 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822120056 MERLE C BAH 2554 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120057 PETER F MANDOUX 2566 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120022 NIKKI ERPELDING 2571 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120058 BETH A HUBLER ULRICH 2574 BROOKVIEW DR 1 - N/A $4,960.00 $4,96090 12822120021 TEKLEMICHAEL A SOQUAR 2579 BROOKVIEW DR 1 - N/A $4,960.00 $4,96000 12822120059 GARY M WASMUNDT 2580 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120060 METTA BELISLE TRUSTEE 2594 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120006 SENG LEE 2597 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120061 GOODRICH E SMITH 2604 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120007 DEUTSCHE BANK NAT TRUST CO 2605 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120008 JOSEPH M GROPPOLI 2613 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822120062 CHARLES A NELSON 2614 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822110034 MURIEL H ROWE 2620 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110007 MICHAEL T JONES 2627 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110033 DALE EDWARD MONTBRIAND 2630 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110008 GARY C EDGETT 2633 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110032 SHELLEY D CARLSON 2636 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110009 ROBIN D PLAN 2641 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110031 ROBERT D LOFGREN 2646 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110010 JEFFREY T BOSTON 2647 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110030 GERALD A MOLLER 2650 BROOKVIEW DR 1 - N/A $4,960.00 $4,96000 12822110029 MICHAEL R HUDON 2656 BROOKVIEW DR 1 - N/A $4,960.00 $4,96000 12822110012 JOSEPH A KOREA 2659 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110028 CHRISTOPHER D JENSEN 2666 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110013 JOYCE J KOREA 2667 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110035 DAKOTA COMMUNITIES INC 2675 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110027 WILLIAM E PICKETT 2676 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110036 ALMOND F HENTHORNE 2685 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110026 RAYMOND A JOHANEK 2686 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110025 THOMAS J PENNING 2690 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110037 RINKEL FAMILY LIMITED PARTNERS 2695 BROOKVIEW DR - 215.00 N/A $21,328.00 $21,328.00 12822110024 STEVEN A TUFENK 2700 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110023 ERIKASRIGLEY 2706 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110022 COMMERS CLOVER 11 LLP 2714 BROOKVIEW DR - 130.00 $2,132.00 $12,896.00 $15,028.00 12822110018 RINKEL FAMILY LIMITED PARTNERS 0 CENTURY AVE N - 240.00 $3.936.00 $23,808.00 $27.744.00 12822110021 DONALD ROEMER 135 CENTURY AVE N - 112.00 $1,836.80 $11,110.40 $12.947.20 12822210028 RONALD N SCHLANGEN 130 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,78000 12822210029 JAMES GUNDERSON 131 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,78000 12822210030 BRAD A WHITE 137 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210043 FRANCIS D STURZL 140 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210031 CRESTVIEW PROPERTIES LLC 147 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210042 GEOFF T TILSEN 148 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210026 GENE T KULZER 152 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210032 SEAN C ANDERSON 155 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210033 JILLIAN CROLL 165 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,780.00 12822210025 CHARLES FERRISE 170 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,780.00 12822210034 JOHN B BLUMER 175 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210041 PATRICK B VANG 187 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 1 of 2 BROOKVIEW AREA STREET IMPROVEMENTS FINAL ASSESSMENT INFORMATION CITY PROJECT 07 -01 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS FRONT COMMERCIAL FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 12822210024 DONALD E DISSELKAMP TRUSTEE 188 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,780.00 12822210040 CEDRIC E FOX 199 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210023 ROBERT J OLIVEIRA 200 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210022 JOHN M RASMUSSEN TRUSTEE 212 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210037 STEPHEN BERGK 215 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210038 GERALD F GRANT 221 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210021 ALVIN C BIERBAUM 222 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210020 FRED B MCCORMICK 230 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,780.00 12822210039 APOSTOLIC BIBLE INSTITUTE 235 CRESTVIEW DR N 1 - 5820.00 $4,960.00 $5,780.00 12822120009 DANIEL J GRZYWINSKI 177 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110006 CYNTHIA A PEARSON 180 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822120010 JEROME I HUNGER 187 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822120011 PAUL V HAIDER 193 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110005 LISA MARIE HAWKINSON 198 FERNDALE ST N 1 - NIA $4,960.00 $4,96090 12822120012 CLYDE W WILLIAMS 2 199 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822120013 KENNETH I WOLFE 203 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110004 ROBERT JAMES GROE 204 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110003 LORENA MAITREJEAN 210 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822120063 JAMES M KACZMARCZIK 211 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110002 WALTER L MCLAURIN 214 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822110001 GREGORY M WHITTIER 218 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822210001 CHRIST METHODIST CHURCH' 2500 HUDSON PL - 395.00 $6.478.00 $39,184.00 345.66200 12822120038 SANDRA MEDINA 2510 HUDSON PL 1 - $820.00 $4,960.00 $5,780.00 12822120001 KIRK J NELSON 2600 HUDSON PL 1 - 5820.00 $4,960.00 $5,780.00 12822120005 E TODD VOLKMEIER 176 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120004 LUCAS R HONERBRINK 184 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120020 KEITH S WEBER 195 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120003 HUMBERTO C GONZALEZ 196 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120019 DEUTSCHE BANK NAT TRUSTEE 201 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120002 CHERYL TVEIT 204 MCCLELLAND ST N 1 - $820.00 $4,960.00 $5,78090 12822120018 ERVIN L KNUTSON 209 MCCLELLAND ST N 1 - N/A $4,960.00 $4,96090 12822120017 GREGORY G MEHSIKOMER 219 MCCLELLAND ST N 1 - N/A $4,960.00 $4,960.00 12822120016 BEVERLY K LOKEN 221 MCCLELLAND ST N 1 - 5820.00 $4,960.00 $5,780.00 12822120046 JOAN L GRIEMANN 185 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822120033 LILA H MILLAR 188 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822120034 RONALD D PRICE 196 ODAY ST N 1 - N/A $4,960.00 $4,960.00 12822120047 SARAH TEPLEY 201 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822120035 LUE MOUA 204 ODAY ST N 1 - N/A $4,960.00 $4,960.00 12822120048 RICHARD A JOHNSON 207 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822120036 LEROY B OLSEN 212 ODAY ST N 1 - N/A $4,960.00 $4,960.00 12822120049 JEFFREY A SCHOW 213 ODAY ST N 1 - 5820.00 $4,960.00 $5,780.00 12822120050 RAYMOND J WESTPHALL 219 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822120037 JUSTIN J MCCLELLAN 220 ODAY ST N 1 - N/A $4,960.00 $4,960.00 12822120051 STEPHEN R HARBERTS 225 ODAY ST N 1 - $820.00 $4,960.00 $5,780.00 12822210003 CHARLES D ROWE 179 STERLING ST N 1 - $820.00 $4,960.00 $5,780.00 12822120044 PAUL D WEBER 180 STERLING ST N 1 - $820.00 $4,960.00 $5,780.00 12822210002 DAVID M ZAIMAN 189 STERLING ST N 1 - $820.00 $4,960.00 $5,78090 12822120043 DONALD J HELMINICK 190 STERLING ST N 1 - 5820.00 $4,960.00 $5,780.00 12822120042 JOHNNY JONES 200 STERLING ST N 1 - 5820.00 $4,960.00 $5,780.00 12822120041 DANA M LIENKE 208 STERLING ST N 1 - $820.00 $4,960.00 $5,780.00 12822120040 ROLAND G KNYPHAUSEN 210 STERLING ST N 1 - $820.00 $4,960.00 $5,780.00 12822120039 VANG KONG 222 STERLING ST N 1 5820.00 $4,960.00 $5,780.00 RESIDENTIAL COMMERCIAL STORM UNITS FRONT ASSESSMENT FOOTAGE TOTALS= 126 1092.00 $69,322.80 2007 ASSESSMENT RATES: STREET ASSESSMENT TOTAL ASSESSMENT $699,346.40 $768,669.20 TOTAL = $768,669.20 RESIDENTIAL STORM SEWER = $820.00IUNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.001UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.001UNIT COMMERCIAL STORM SEWER = $16.401FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.201FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74.00JFRONT FOOT NOTES: ' PROPERTIES LABELED "NIA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER CITY PROJECT 73 -14 OR 78 -20 OR BOTH. 'ACCORDING TO THE CURRENT RESIDENT OF 199 FERNDALE ST N, CLYDE W WILLIAMS IS NO LONGER THE OWNER. THE CITY HAS NOTIFIED THE RAMSEY COUNTY ASSESSOR'S OFFICE. a PROPERTY AT 2500 HUDSON PLACE (CHRIST METHODIST CHURCH) CONSISTS OF 890 TOTAL FF (395 FF STERLING ST, 495 FF HUDSON PL) THE SHORTEST LENGTH OF 395 FF ON STERLING ST WILL BE CHARGED AT THE COMMERCIAL RATE. NO CHARGE FOR HUDSON PL. 2of2 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. ��� - 3 L i r Z; �J 0r _L7Z J IJ 2Z5 7 ...... .... J 2 jj 22 1, 3 )V-- 220 z SOD ,$' HUDSON PL. LL i (-D C v z 0 BR 0 \-A,4� E W DR . V u I e [if Lu Elf C ree p MAYER LN. JI F- I -- r Q JAMES I u� 'Z�// Ld cv � < LLJ LE Afton (D V) Heights LLJ > Park I > < < Li 0 W > Li C) I I , \ EGO r < <! - UPPER AFTON RD. Cn i 20 Tanners Lake C 1 �, � D94 :D Street Improvements u no scale Exhibit 1 Project Streets Brookeview Area Streets Improvement 07-01 AVE N1 M A Lom I JUN 1 2 7001 �qapkwood Work5 --7 o Al c A'? C 7/ 1 _ col 4ai-e Aa) Al -11 11 I-L Al tk V Vv 41 Xq c _71v S7 . i 11 l . (12 digit number) JUN 1 4 2,00 Mapkukx,.d Do you wish to address the city council tonight? F_ F ftb& Wor, I Yes N o 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 Senior citizen deferment (over 65 years of age) C. Cancellation of assessment d. F Revision of assessment Reason for the request: e-7 __ A_ 9 I M Print Name,( iT natur Date f i 'i (_'Vo � 0 LLIZ�_Pilm Address of Property' caner Zip Telephone Agenda Item H3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Century Avenue Improvements, City Project 03 -15 a. Public Hearing 7:15 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes) DATE: June 13, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:15 p.m., Monday, June 25, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the June 11, 2007 city council meeting. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council will conduct the public hearing. Background The city council ordered the preparation of this feasibility study at the April 9, 2007 regular meeting. On June 11, 2007 the city council accepted the feasibility report and ordered the public hearing. In 2002, Century Avenue, between Lower Afton Road and 1 -94, was turned back to Washington and Ramsey Counties. At that time it was determined by Ramsey and Washington Counties, along with Mn /DOT and the cities of Woodbury and Maplewood, that improvements were needed based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consist of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one - quarter mile west as conveyed in the feasibility study. Budget Impact The total project budget as reported in the feasibility study is $22,809,000. Of that total, Maplewood's share is approximately 1.6% or $370,000. The remaining costs are funded through trunk highway turnback funds, federal funds, Ramsey and Washington Counties, and the City of Woodbury. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Century Avenue Improvements, City Project 03 -15. An assessment hearing will be conducted in 2007. Attachments: 1. Resolution Ordering Improvement After Public Nearing 2. Location Map • • WHEREAS, a resolution of the city council adopted the 11th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Century Avenue Improvements, City Project 03 -15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood in coordination with Ramsey and Washington Counties, Mn /DOT, and the City of Woodbury, make improvements to Century Avenue Improvements, City Project 03 -15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. Ramsey County is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $370,000 shall be established. The proposed financing plan is as follows: Street & Storm Assessments: $ 312,158.73 MSAS Funds: $ 25,000.00 Sanitary Sewer Fund: $ 32,841.27 EXHIBIT 1 LOCATION MAP i 1 1 B ') 14: UP R AF ON RD ..... . ... ... . - - -------- PROPOSED IMPROVEMENTS M APLE WOOD W z _,. W _ AFTON RD Q -- t z OODBUI U t 3E V ~ C _i E r l: �r A j LAKE ROAD DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (April 30, 2007), The Lawrence Group;April 30, 2007 for County parcel and property records data; April 2007 for commercial and Agenda Item H4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Pond Overlook Improvements (2161 County Rd D), City Project 07 -08 a. Public Hearing 7:30 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes Needed) This will be voted on as part of Item L1. DATE: June 13, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:30 p.m., Monday, June 25, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the June 11, 2007 city council meeting. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council will consider ordering the improvement following the public hearing. Background The city council ordered the preparation of this feasibility study at the March 12, 2007 regular meeting. On June 11, 2007 the city council accepted the feasibility report and ordered the public hearing. Doug Andrus, developer, petitioned the city regarding installation of a public cul -de -sac street and extending utilities into the site at 2161 County Road D. Currently there is a single family home on the site, and the developer is proposing five 2 -unit townhomes within the PUD. The proposed project schedule would possibly be made part of the city's Ferndale /Geranium Area Street Improvements, City Project 07 -14. The schedule would coincide with that public improvement. Budget Impact The city would assess all costs to the developer property at 2161 County Road D after construction is completed. Prior to the city awarding a construction contract for the work, the developer would be required to post a letter of credit in the amount of 125% of the estimate total project costs. Project Estimate: $263,427 RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Pond Overlook Improvements (2161 County Road D), City Project 07 -08. Attachments: 1. Resolution ordering Improvement After Public Hearing (To be voted on as part of item L1.) 2. Location Map • • WHEREAS, a resolution of the city council adopted the 11th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Pond Overlook Improvements (2161 County Road D), City Project 07 -08. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Pond Overlook Improvements (2161 County Road D), City Project 07 -08. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. The city's consultant, SEH, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $263,427 shall be established. The proposed financing plan is by means of a developer property assessment for all project costs. EXHIBIT I iii Heijt�ts Park Playc rest Park 11 N AGENDA NO. 1 -1 TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: June 21, 2007 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: 64,726.31 Checks # 72852 thru # 72886 dated 06/04/07 thru 06/12/07 $ 344,743.64 Disbursements via debits to checking account dated 06/01/07 thru 06/07/07 $ 82,982.31 Checks #72887 thru # 72933 dated 06/12/07 thru 06/19/07 $ 136,856.26 Disbursements via debits to checking account dated 06/08/07 thru 06/14/07 $ 629,308.52 Total Accounts Payable PAYROLL $ 448,191.16 Payroll Checks and Direct Deposits dated 06/15/07 $ 2,689.97 Payroll Deduction check # 1002351 thru # 1002353 dated 06/15/07 $ 450,881.13 Total Payroll $ 1,080,189.65 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments Check Register City of Maplewood Check 72852 72853 72854 72855 72856 72857 72858 72859 72860 72861 72862 72863 72864 72865 72866 72867 72868 72869 72870 72871 72872 72873 72874 72875 72876 72877 72878 72879 72880 72881 72882 72883 72884 72885 72886 Date 0610412007 0610412007 0610412007 0611212007 06112/2007 06/12/2007 06112/2007 06108/2007 06/12/2007 06/12/2007 06112/2007 06112/2007 06/1212007 06/1212007 06112/2007 06112/2007 06/12/2007 06/12/2007 06112/2007 06112/2007 06/1212007 06/1212007 06112/2007 06112/2007 06/12/2007 06/12/2007 06112/2007 06112/2007 06/1212007 06/1212007 06112/2007 06112/2007 06/12/2007 06/12/2007 06112/2007 06112/2007 06/12/2007 06112/2007 Vendor Description Amount 03886 02464 00001 01190 01190 01190 01190 01283 00111 00159 03738 03887 00241 00451 01605 02995 00393 00935 01001 01088 01162 01202 02300 00001 00001 00001 00001 01225 02270 03840 01397 03848 01463 01550 01574 03888 00529 02212 MINNESOTA SECRETARY OF STATE US BANK ONE TIME VENDOR XCELENERGY XCELENERGY XCELENERGY XCELENERGY POST BOARD ANIMAL CONTROL SERVICES INC PAUL BARTZ BETHEL & ASSOCIATES, PA COMPLETE MUSIC CSI SOFTWARE EGAN COMPANIES INC IFP TEST SERVICES INC INTEGRATED LOSS CONTROL INC DEPT OF LABOR & INDUSTRY MAPLEWOOD FIRE FIGHTERS RELIEF MIDWEST LOCK & SAFE INC MN POLLUTION CONTROL AGENCY NEW MECH COMPANIES INC NYSTROM PUBLISHING CO INC OAKDALE LOCKSMITHS ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR OSWALD HOSE & ADAPTERS PALDA & SONS INC REAL LIFE VIDEO RYAN PLUMBING & HEATING CO. SCHOELL & MADSON, INC. SISTER ROSALIND GEFRE SUMMIT INSPECTIONS T.A. SCHIFSKY & SONS, INC THE PERFECT WEDDING GUIDE UNION SECURITY INSURANCE CO UNIVERSITY OF ST THOMAS GRANDJURY SUBPOENA FUND ATM'S M ANDERSON UNDERPMT 611 PAYROLL ELECTRIC & GAS UTILITY EQUIP LOAN ELECTRIC & GAS UTILITY FIRE SIRENS POLICE OFFICER LICENSE PATROL & BOARDING FEE 5121 - 6/3 POLICE OFFICER FOR TASTE OF HR SERVICES 5124 - 616 ENTERTAINMENT - TASTE OF MEMBERSHIP CARDS INSPECT FLUE PIPE ON UNIT HEATER PSYCH EXAM FOR CANDIDATE RIGHT -TO -KNOW TRAINING - JUNE MONTHLY SURTAX - MAY 1830103331 STATE FIRE RELIEF INSTALL NEW LEVERSET -DOOR OF WASTEWATER LICENSE RENEWAL REBUILD RPZ VALVE SUMMER FUN GUIDE FOR SCHOOLS REPAIR LOCK REFUND D ROCK - OVERPD DAY CAMP REFUND C RYDEEN - CALSS CANCELLED REFUND J KELLY - UCARE BENEFIT REFUND M DIEKMAN - MEDICARE & COUPLING ATTACHMENT PROJ 05 -17 GERVAIS AVE PMT #3 VIDEO TECHNICIAN SERVICES - MAY INSTALL AMERICAN STANDARD TOILET PROFESSIONAL SERVICES TO 5127 MCC MASSAGES - MAY ELECTRICAL INSPECTIONS VARIOUS BITUMINOUS MATERIALS PUBLISHING STD PLAN 4043120 -1 JUNE POCKET GUIDE BOOKS 50.00 6,000.00 336.06 6,467.06 757.10 249.81 46.42 90.00 1,264.76 140.00 8,691.25 150.00 560.00 359.00 375.00 713.00 2,771.45 2,000.00 532.01 23.00 815.98 937.20 164.80 200.00 45.00 36.21 20.00 14.00 16,469.54 607.50 1,125.00 1,000.00 1,824.00 2,052.00 4,193.96 1,562.00 1,798.68 284.52 35 Checks in this report. 64 726 31 2 CITY OFMAPLEWODO Disbursements via Debits hz Checking account Transmitted Settlement Date Date Payee 85/318}G O5/31/07 O5/31/D7 O5/31/O7 O5/31/07 0G/O1/0G OS/U1/0G IS ow IS OG/018}G O8/O1/07 060107 060107 060107 0G/O4/0G OG/O4/DG MN State Treasurer US Bank Orchard Trust |CMA(Ventugepointe) US Bank VISA One Card° MN State Treasurer Discover MN Dept ofNatural Resources U.S.Treauun*r P.E.R.A. MN State Treasurer MN State Treasurer VV| Dept cfRevenue Labor Unions ARC Administration MN State Treasurer MN State Treasurer ARC Administration Description Drivers License/Deputy Registrar OebtSemicepayment - |nt Deferred Compensation Deferred Compensation Credit Card fees Drivers License/Deputy Registrar Credit Card fees DNR electronic licenses Federal Payroll Tax P.E.R.A. Drivers License/Deputy Registrar State Payroll Tax State Payroll Tax Union Dues DCRP & Flex plan payments Drivers License/Deputy Registrar Drivers Lioonoe/DeputyRegiotnar OCRP & Flex plan payments Amount 22,43712 12,443.75 27.142.04 9,328.66 1,097.99 21,862.33 41.46 2,696.00 94,080.24 64,943.85 18,166.25 17,702.38 1,059.62 1,324.69 1,934.55 28.855.07 18,899.76 2,626.08 344 � Check Register City of Maplewood 06/1512007 Check Date Vendor Description Amount 72887 0611212007 02464 US BANK FUND ATMS 8,000.00 72888 0611912007 00353 CURTIS 1000 STATIONERY 1,464.89 06/1912007 00353 CURTIS 1000 STATIONERY 1,322.94 06/1912007 00353 CURTIS 1000 STATIONERY 1,288.17 0611912007 00353 CURTIS 1000 STATIONERY 1,212.67 0611912007 00353 CURTIS 1000 STATIONERY 732.96 06/1912007 00353 CURTIS 1000 STATIONERY 687.97 06/1912007 00353 CURTIS 1000 STATIONERY 319.05 72889 0611912007 00463 EMERGENCY APPARATUS MAINT REPAIR & MAINT 2,215.68 0611912007 00463 EMERGENCY APPARATUS MAINT REPAIR & MAINT 2,179.39 72890 0611912007 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - MAY 93.72 72891 0611912007 03365 NICK FRANZEN REIMS FOR MILEAGE & INT 4130 - 5131 71.68 72892 0611912007 01018 MINNEAPOLIS FINANCE DEPT AUTO PAWN SYSTEM -APRIL 514.00 72893 0611912007 01337 RAMSEY COUNTY -PROP REC & REV FLEET SUPPORT FEE -APRIL 32.10 06/1912007 01337 RAMSEY COUNTY -PROP REC & REV FLEET SUPPORT FEE - MAY 32.10 72894 06/1912007 01360 REINHART FOODSERVICE MDSE FOR RESALE 368.08 72895 06119/2007 01504 CITY OF ST PAUL WIRELESS REPORTING FEE - JUNE 3,798.00 06119/2007 01504 CITY OF ST PAUL CRIME LAB SERVICES - MAY 340.00 72896 0611912007 01190 XCEL ENERGY ELECTRIC UTILITY 12,176.48 0611912007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 1,985.36 0611912007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 1,335.89 72897 0611912007 03890 APPLE GLASS MAKE UP WINDOW FOR TOOL CAT 63.90 72898 06/1912007 03738 BETHEL & ASSOCIATES, PA HR SERVICES 616 - 6112 4,196.00 72899 06/1912007 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.33 72900 0611912007 03892 CARVER ELEMENTARY PTO CHARITABLE GAMBLING 1,512.00 72901 0611912007 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION PROD - MAY 3,526.08 72902 0611912007 00300 CLAREYS SAFETY EQUIPMENT REPAIR AIR PAK 3,006.75 72903 0611912007 02789 COMCAST CABLE COMM INC CABLE & INTERNET 5111 -7110 234.69 72904 0611912007 00358 DGM INC. TOW VEHICLE 282.68 0611912007 00358 DGM INC. TOW FORFEITURE VEHICLE 143.78 06/1912007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 06/1912007 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 0611912007 00358 DGM INC. TOW VEHICLE 111.83 0611912007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 06/1912007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 06/1912007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 0611912007 00358 DGM INC. TOW VEHICLE 90.53 0611912007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 06/1912007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 72905 06/1912007 00399 DIAMOND VOGEL PAINTS PAINT FOR MESSAGE PAINTING 897.58 72906 0611912007 00420 DOWNTOWNER DETAILING OLD SQUAD CAR FOR 127.88 72907 0611912007 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 2,471.45 72908 0611912007 00662 HERITAGE THEATER CO INC CHARITABLE GAMBLING 1,940.00 72909 0611912007 03597 MARY JO HOFMEISTER REIMS FOR MILEAGE 4120 - 615 11.88 72910 0611912007 00755 JEFFERSON FIRE & SAFETY INC MORNING PRIDE LT02512 COAT 6,254.02 72911 0611912007 00857 LEAGUE OF MINNESOTA CITIES CONFERENCE & MARKETPLACE 800.00 72912 06/1912007 03756 DIANA LONGRIE REIMS FOR MEALS & INTERNET 1122 - 314 230.43 72913 06/1912007 00932 MAPLEWOOD BAKERY MDSE FOR RESALE 322.30 72914 06119/2007 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK - APRIL 392.00 72915 06119/2007 00001 ONE TIME VENDOR REFUND E HOLST - BCBS & CHASE 120.00 72916 0611912007 00001 ONE TIME VENDOR REFUND B RUNKEL MN REV PD 04021770 120.00 72917 0611912007 00001 ONE TIME VENDOR REFUND D KUEHN MED ASSIST PD 100.00 72918 0611912007 00001 ONE TIME VENDOR REFUND R ADELSMAN - UCARE JAN -MAR 51.00 Check Date Vendor Description Amount 72919 0611912007 00001 ONE TIME VENDOR REIMS J BURAU - DEP DENTAL 611 PR 38.07 72920 06/1912007 00001 ONE TIME VENDOR REIMS B LINN - DENTAL PREM 611 PR 38.07 72921 06/1912007 00001 ONE TIME VENDOR REIMS M BAUER - DEP DENTAL & LIFE 24.16 72922 06119/2007 01283 POST BOARD POLICE OFFICER LICENSE 90.00 72923 06119/2007 03872 PRO STAFF TEMP CONTROLLER WEEK ENDING 613 1,979.20 72924 0611912007 01359 REGAL AUTO WASH DETAIL XX CAR WASH FEE - MAY 239.37 72925 0611912007 03586 SECRETARY OF STATE NOTARY COMMISSION 40.00 72926 0611912007 01478 SMOKE EATER RENEW SUBSCRIPTIONS 439.00 72927 0611912007 03826 STERNBERG LIGHTING, INC LIGHT POLE REPLACEMENT 2,060.00 72928 0611912007 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,621.22 72929 0611912007 03891 TCIC, INC. LCD SIGN 2,614.58 72930 0611912007 00449 TYLER TECHNOLOGIES INC TRNG, DATA CONVERSION, & PROJ 187.50 72931 0611912007 01683 UNIFORMS UNLIMITED INC VEST FOR OFFICER 845.00 0611912007 01683 UNIFORMS UNLIMITED INC VEST FOR OFFICER 770.00 72932 0611912007 01750 THE WATSON CO INC MDSE FOR RESALE 430.64 0611912007 01750 THE WATSON CO INC MDSE FOR RESALE 131.14 72933 06/1912007 01771 CITY OF WHITE BEAR LAKE RAMSEY COUNTY GIS USER GROUP 3,519.16 31 8Z982.31 47 Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 06107106 06108106 MN State Treasurer Drivers License/Deputy Registrar 06107106 06108106 MN Dept of Natural Resources DNR electronic licenses 06108106 06111106 MN State Treasurer Drivers License/Deputy Registrar 06108106 06111106 MN Dept of Revenue Fuel Tax 06111106 06112106 MN State Treasurer Drivers License/Deputy Registrar 06111106 06112106 US Bank 512 Dep of $153.50 S/B 103.50 06112106 06113106 MN State Treasurer Drivers License/Deputy Registrar 06112106 06113106 US Bank VISA One Card* Purchasing card items 06113106 06114106 MN State Treasurer Drivers License/Deputy Registrar TOTAL I- uhf 17,025.91 1,1 47.50 16,172.13 227.80 19,851.17 50.00 19,457.00 51,079.73 11,845.02 136,856.26 *Detailed listing of VISA purchases is attached. Visa Transactions 05/28/07 thru 06/08/07 Trans Date Posting Date Merchant Name Trans Amount Name 05/26/2007 05/28/2007 FACTORY CARD OUTLET #284 $25.03 MANDY ANZALDI 05/24/2007 05/28/2007 FASTENAL CO MO TO $91.43 TROY BRINK 05/08/2007 05/28/2007 INNOVATIVE COLOR PRINTING $42.30 HEIDI CAREY 05/26/2007 05/28/2007 MICHAELS #2752 $35.13 HEIDI CAREY 05/25/2007 05/28/2007 CABLING SERVICES CORPORA $1,030.54 LARRY FARR 05/25/2007 05/28/2007 THE HOME DEPOT 2801 $56.98 LARRY FARR 05/24/2007 05/28/2007 METRO SALES INC $940.00 MYCHAL FOWLDS 05/24/2007 05/28/2007 SPRINTPCS- CUSTCAREPMT $92.32 MYCHAL FOWLDS 05/24/2007 05/28/2007 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 05/25/2007 05/28/2007 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 05/25/2007 05/28/2007 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 05/26/2007 05/28/2007 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 05/25/2007 05/28/2007 PAKOR INC $43.26 PATRICIA FRY 05/24/2007 05/28/2007 OFFICE DEPOT #1090 $194.23 JEAN GLASS 05/26/2007 05/28/2007 OFFICE DEPOT #1090 $21.26 KAREN E GUILFOILE 05/27/2007 05/28/2007 MARRIOTT 33716 NEW ORLEAN $1,337.40 KAREN E GUILFOILE 05/24/2007 05/28/2007 THE HOME DEPOT 2801 $8.49 MARK HAAG 05/25/2007 05/28/2007 S & T OFFICE PRODUCTS $45.88 ANN E HUTCHINSON 05/25/2007 05/28/2007 TARGET 00011858 $26.05 MARY B KOEHNEN 05/24/2007 05/28/2007 METRO SALES INC $577.29 STEVE LUKIN 05/25/2007 05/28/2007 LTG POWER EQUIPMENT $83.34 MARK MARUSKA 05/24/2007 05/28/2007 AMERICAN FASTENER & SUPPL $129.79 RICHARD NORDQUIST 05/24/2007 05/28/2007 THE HOME DEPOT 2801 $10.39 RICHARD NORDQUIST 05/24/2007 05/28/2007 OFFICE DEPOT #1090 $30.01 MARY KAY PALANK 05/24/2007 05/28/2007 METRO SALES INC $97.55 WILLIAM J PRIEFER 05/24/2007 05/28/2007 KATH AUTO PARTS NSP ($9.80) STEVEN PRIEM 05/24/2007 05/28/2007 KATH AUTO PARTS LC $14.89 STEVEN PRIEM 05/24/2007 05/28/2007 KATH AUTO PARTS NSP $33.34 STEVEN PRIEM 05/24/2007 05/28/2007 KATH AUTO PARTS NSP $9.76 STEVEN PRIEM 05/24/2007 05/28/2007 KATH AUTO PARTS NSP $27.35 STEVEN PRIEM 05/24/2007 05/28/2007 VANCE BROTHERS INC $192.23 ROBERT RUNNING 05/26/2007 05/28/2007 SPRINT *SPRNTNEXTELIVR $93.41 HARRIET J RYDEL 05/26/2007 05/28/2007 STILLWATER VETERINARY $93.22 MICHAEL SHORTREED 05/25/2007 05/28/2007 OFFICE DEPOT #1090 $105.40 ANDREA SINDT 05/24/2007 05/28/2007 ADVANCE SHORING COMPANY $122.92 RONALD SVENDSEN 05/26/2007 05/28/2007 MENARDS 3022 $3.65 RONALD SVENDSEN 05/25/2007 05/28/2007 ANCOM TECHNICAL CENTER IN $389.00 SUSAN ZWIEG 05/25/2007 05/28/2007 MENARDS 3018 $27.92 SUSAN ZWIEG 05/29/2007 05/30/2007 FEDEX KINKO'S #0617 $27.00 HEIDI CAREY 05/28/2007 05/30/2007 OFFICE DEPOT #2592 $53.21 LARRY FARR 05/29/2007 05/30/2007 WW GRAINGER 500 $113.74 LARRY FARR 05/29/2007 05/30/2007 THOMAS TOOL AND SUPPLY $205.59 RICK HERLUND 05/29/2007 05/30/2007 MEDTECH FORENSICS INC $38.95 PHILIP F POWELL 05/29/2007 05/30/2007 PIONEER RIM & WHEEL CO. ($71.08) STEVEN PRIEM 05/29/2007 05/30/2007 TRUCK UTILITIES INC $14.96 STEVEN PRIEM 05/29/2007 05/30/2007 HILLYARD INC MINNEAPOLIS $1,130.85 MICHAEL REILLY 05/29/2007 05/30/2007 LORMAN EDUCATION SERVICE $80.95 HARRIET J RYDEL 05/29/2007 05/30/2007 JOHN E REID & ASSOC INC $395.00 MICHAEL SHORTREED 05/29/2007 05/30/2007 BLAUER TACTICAL SYSTEMS $749.00 MICHAEL SHORTREED 05/30/2007 05/31/2007 ALLIED HAND DRYER $260.00 JIM BEHAN 05/29/2007 05/31/2007 THE HOME DEPOT 2801 $38.19 TROY BRINK 05/30/2007 05/31/2007 MIKES LP GAS INC $26.20 TROY BRINK 05/30/2007 05/31/2007 MENARDS 3022 ($53.23) LARRY FARR 05/30/2007 05/31/2007 MENARDS 3022 $40.17 LARRY FARR 05/30/2007 05/31/2007 BEST BUY MHT 00000109 $26.61 DAVID FISHER Visa Transactions 05/28/07 thru 06/08/07 Trans Date Posting Date Merchant Name Trans Amount Name 05/29/2007 05/31/2007 THE HOME DEPOT 2810 $35.11 JANET M GREW HAYMAN 05/29/2007 05/31/2007 THE TESSMAN COMPANY $101.18 RICK HERLUND 05/29/2007 05/31/2007 WOLF CAMERA #1530 $7.44 TOM KALKA 05/30/2007 05/31/2007 METROCALL ARCH WIRE $15.93 ED NADEAU 05/30/2007 06/01/2007 INNOVATIVE COLOR PRINTING $4.30 HEIDI CAREY 05/30/2007 06/01/2007 THE HOME DEPOT 2810 $11.13 CHARLES DEAVER 05/31/2007 06/01/2007 BATTERIES PLUS $90.74 RICHARD DOBLAR 05/31/2007 06/01/2007 HP DIRECT- PUBLICSECTOR $197.03 NICK FRANZEN 05/30/2007 06/01/2007 GRANDMA'S BAKERY $72.75 PATRICIA FRY 05/31/2007 06/01/2007 COMCAST CABLE COMM $179.34 LORI HANSON 05/31/2007 06/01/2007 VZWRLSS *APOCC VISN $66.85 DUWAYNE KONEWKO 05/31/2007 06/01/2007 MENARDS 3022 $14.88 DENNIS LINDORFF 05/31/2007 06/01/2007 EMERGENCY APPARATUS MAINT $404.05 STEVE LUKIN 05/31/2007 06/01/2007 MENARDS 3059 $27.50 STEVE LUKIN 05/31/2007 06/01/2007 HENRIKSEN ACE HARDWARE $116.91 MARK MARUSKA 05/31/2007 06/01/2007 VALLEY TROPHY $177.22 ALEISA METRY 05/31/2007 06/01/2007 HEJNY RENTAL $144.36 ERICK OSWALD 05/31/2007 06/01/2007 HPS GLOBAL DELIVERY $65.49 PHILIP F POWELL 05/31/2007 06/01/2007 ABACUS PLUS SERVICES INC $723.14 PHILIP F POWELL 05/30/2007 06/01/2007 SHRED -IT 01 OF 01 $123.21 KEVIN RABBETT 05/30/2007 06/01/2007 KUSTOM SIGNALS, INC. $64.98 MICHAEL SHORTREED 05/31/2007 06/01/2007 GAL *GALLS INC $69.41 MICHAEL SHORTREED 05/31/2007 06/01/2007 GAL *GALLS INC $97.76 MICHAEL SHORTREED 05/30/2007 06/01/2007 ADVANCE SHORING COMPANY $4.56 RONALD SVENDSEN 06/01/2007 06/04/2007 FACTORY CARD OUTLET #284 $63.21 MANDY ANZALDI 06/01/2007 06/04/2007 NATIONAL SCHOOL PROD $283.16 MANDY ANZALDI 06/02/2007 06/04/2007 WAL -MART #2087 $42.87 MANDY ANZALDI 06/03/2007 06/04/2007 CUB FOODS, INC. $108.07 MANDY ANZALDI 05/30/2007 06/04/2007 PARK SUPPLY OF AMERICA IN $659.58 JIM BEHAN 05/31/2007 06/04/2007 AQUA LOGIC INC $1,300.60 JIM BEHAN 05/31/2007 06/04/2007 MILLS FLEET FARM #27 $10.64 JIM BEHAN 05/31/2007 06/04/2007 RESTORE PRODUCTS CO $157.80 CHARLES DEAVER 06/01/2007 06/04/2007 S & T OFFICE PRODUCTS $66.92 CHARLES DEAVER 06/02/2007 06/04/2007 MENARDS 3022 $17.81 CHARLES DEAVER 06/01/2007 06/04/2007 OFFICE DEPOT #375 $94.76 LARRY FARR 06/01/2007 06/04/2007 THE HOME DEPOT 2810 $780.63 LARRY FARR 06/01/2007 06/04/2007 OFFICE MAX $143.74 NICK FRANZEN 06/01/2007 06/04/2007 TARGET 00009316 $4.95 VIRGINIA GAYNOR 06/01/2007 06/04/2007 CUB FOODS, INC. $96.93 VIRGINIA GAYNOR 06/01/2007 06/04/2007 CUB FOODS, INC. $8.34 VIRGINIA GAYNOR 06/02/2007 06/04/2007 OFFICE DEPOT #1090 $67.06 LORI HANSON 06/01/2007 06/04/2007 TARGET 00011858 $23.21 RON HORWATH 06/01/2007 06/04/2007 TARGET 00011858 $9.37 RON HORWATH 06/02/2007 06/04/2007 FEDEX KINKO'S #0617 $2.40 RON HORWATH 06/01/2007 06/04/2007 DE LADE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 06/01/2007 06/04/2007 S & T OFFICE PRODUCTS $73.97 ANN E HUTCHINSON 06/02/2007 06/04/2007 CUB FOODS, INC. $100.82 STEVEN KUMMER 06/02/2007 06/04/2007 CTO *GOTOMYPC.COM $19.95 ERIN M LABEREE 05/31/2007 06/04/2007 THE HOME DEPOT 2801 $17.36 DENNIS LINDORFF 05/31/2007 06/04/2007 MILLS FLEET FARM #27 $58.56 DENNIS LINDORFF 06/01/2007 06/04/2007 ICI- DULUX- PRINTS #0092 $184.99 DENNIS LINDORFF 05/31/2007 06/04/2007 AIRGAS NORTH CENTRAL $986.36 STEVE LUKIN 06/01/2007 06/04/2007 CLAREY'S SAFETY EQUIPM $213.14 STEVE LUKIN 06/01/2007 06/04/2007 BOUND TREE MEDICAL LLC $817.86 STEVE LUKIN 06/01/2007 06/04/2007 OFFICE DEPOT #1090 $16.87 MARY KAY PALANK Visa Transactions 05/28/07 thru 06/08/07 Trans Date Posting Date Merchant Name Trans Amount Name 05/31/2007 06/04/2007 TIZIANI GOLF CAR $109.87 PHILIP F POWELL 06/01/2007 06/04/2007 GE CAPITAL $331.22 WILLIAM J PRIEFER 06/02/2007 06/04/2007 SPRINT *WIRELESS SVCS $1,173.25 WILLIAM J PRIEFER 05/31/2007 06/04/2007 CARQUEST 01021229 $3.02 STEVEN PRIEM 06/01/2007 06/04/2007 KATH AUTO PARTS LC $239.20 STEVEN PRIEM 06/01/2007 06/04/2007 KATH AUTO PARTS NSP $42.42 STEVEN PRIEM 06/01/2007 06/04/2007 KATH AUTO PARTS NSP $117.70 STEVEN PRIEM 06/01/2007 06/04/2007 KATH AUTO PARTS NSP $132.02 STEVEN PRIEM 06/01/2007 06/04/2007 UNIFORMS UNLIMITED $3,219.32 KEVIN RABBETT 06/02/2007 06/04/2007 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 06/01/2007 06/04/2007 GE CAPITAL $43.67 HARRIET J RYDEL 05/31/2007 06/04/2007 DONUT HUT OAKDALE $13.80 MICHAEL SHORTREED 06/01/2007 06/04/2007 UNIFORMS UNLIMITED INC $1,045.28 MICHAEL SHORTREED 06/01/2007 06/04/2007 T- MOBILE $107.15 DOUGLAS J TAUBMAN 06/04/2007 06/05/2007 FASTENAL CO MO TO $207.70 TROY BRINK 06/04/2007 06/05/2007 CUB FOODS, INC. $50.14 THOMAS G EKSTRAND 06/04/2007 06/05/2007 WMS *WASTE MGMT WMEZPAY $357.92 LARRY FARR 06/04/2007 06/05/2007 WMS *WASTE MGMT WMEZPAY $357.92 LARRY FARR 06/04/2007 06/05/2007 WMS *WASTE MGMT WMEZPAY $901.93 LARRY FARR 06/04/2007 06/05/2007 OFFICE DEPOT #1090 $9.99 PATRICIA FRY 06/04/2007 06/05/2007 BEST BUY MHT 00000109 $35.13 MARY B KOEHNEN 06/04/2007 06/05/2007 HEALTHEAST TRANSPORTATN $73.69 STEVE LUKIN 06/04/2007 06/05/2007 METRO FIRE $516.00 STEVE LUKIN 06/04/2007 06/05/2007 HENRIKSEN ACE HARDWARE $216.72 MARK MARUSKA 06/04/2007 06/05/2007 U OF M CPHEO CONTINUING $190.00 PHILIP F POWELL 06/04/2007 06/05/2007 BAUER BULT TRE33200023 $467.83 STEVEN PRIEM 06/04/2007 06/05/2007 BAUER BULT TRE33200023 $215.57 STEVEN PRIEM 06/04/2007 06/05/2007 ZIEGLER INC - RETAIL $753.00 STEVEN PRIEM 06/04/2007 06/05/2007 OFFICE DEPOT #1090 $179.56 HARRIET J RYDEL 06/04/2007 06/05/2007 OFFICE DEPOT #1090 $3.34 HARRIET J RYDEL 06/04/2007 06/05/2007 MENARDS 3059 $14.15 JAMES SCHINDELDECKER 06/05/2007 06/06/2007 CUB FOODS, INC. $4.14 MANDY ANZALDI 06/04/2007 06/06/2007 LSM5- US- PAY.COM $2.95 HEIDI CAREY 06/05/2007 06/06/2007 BOCA JAVA INC $17.90 HEIDI CAREY 06/04/2007 06/06/2007 RADIO SHACK 00161455 $5.94 RICHARD DOBLAR 06/04/2007 06/06/2007 ST PAUL LINOLEUM & CARPET $213.00 LARRY FARR 06/05/2007 06/06/2007 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 06/04/2007 06/06/2007 ARAMARK REF SVS #6013- $400.67 MIKE GRAF 06/05/2007 06/06/2007 PRICE CHOPPER INC $1,607.41 MIKE GRAF 06/04/2007 06/06/2007 PANERA BREAD #3459 $120.62 KAREN E GUILFOILE 06/04/2007 06/06/2007 WOLF CAMERA #1530 $47.86 MARY B KOEHNEN 06/04/2007 06/06/2007 OVERHEAD DOOR OF NORTH $235.95 STEVE LUKIN 06/05/2007 06/06/2007 WMS *WASTE MGMT WMEZPAY $288.75 STEVE LUKIN 06/05/2007 06/06/2007 ESCH CONSTRUCTION SUPPLY $747.94 STEVE LUKIN 06/05/2007 06/06/2007 ADVANCED GRAPHIX INC $125.14 STEVE LUKIN 06/05/2007 06/06/2007 S & T OFFICE PRODUCTS ($3102) AMY NIVEN 06/05/2007 06/06/2007 BATTERIES PLUS #5 $100.59 PHILIP F POWELL 06/01/2007 06/06/2007 AMERICAN FASTENER & SUPPL $98.86 STEVEN PRIEM 06/04/2007 06/06/2007 KATH AUTO PARTS NSP $218.49 STEVEN PRIEM 06/05/2007 06/06/2007 NOVACARE REHB /HEALT $90.00 TERRIE RAMEAUX 05/30/2007 06/06/2007 DALCO ENTERPRISES, INC $577.27 MICHAEL REILLY 06/04/2007 06/06/2007 ORIENTAL TRADING CO $437.69 AUDRA ROBBINS 06/04/2007 06/06/2007 THE HOME DEPOT 2801 $93.65 SCOTT SCHULTZ 06/06/2007 06/07/2007 NORTH HEIGHTS HARDWARE IN $20.19 JIM BEHAN 06/05/2007 06/07/2007 ONLINE DIRECT PRODUCTS $3.95 HEIDI CAREY Visa Transactions 05/28/07 thru 06/08/07 Trans Date Posting Date Merchant Name Trans Amount Name 06/05/2007 06/07/2007 PACIFIC WEBWORKS INC $4.95 HEIDI CAREY 06/05/2007 06/07/2007 NP /LOOKING TRIM $252.89 HEIDI CAREY 06/06/2007 06/07/2007 VIDEO PROFESSOR, INC $6.95 HEIDI CAREY 06/06/2007 06/07/2007 BLOCKBUSTER ONLINE $10.64 HEIDI CAREY 06/06/2007 06/07/2007 AP9* TRIAL HOME BNI $1.00 HEIDI CAREY 06/06/2007 06/07/2007 FWP *SCRAPBOOK CLUB $9.95 HEIDI CAREY 06/06/2007 06/07/2007 BMC *TGC WITH BH G COOK $15.71 HEIDI CAREY 06/06/2007 06/07/2007 IMX *HYDRODERM $36.85 HEIDI CAREY 06/06/2007 06/07/2007 MENARDS 3022 $7.65 CHARLES DEAVER 06/06/2007 06/07/2007 MENARDS 3022 $30.92 CHARLES DEAVER 06/05/2007 06/07/2007 RYAN PLUMBING & HEATING $825.00 LARRY FARR 06/06/2007 06/07/2007 SCHINDLER ELEVATOR CORP $371.61 LARRY FARR 06/06/2007 06/07/2007 ONLINE RIVER $79.50 LORI HANSON 06/06/2007 06/07/2007 SWIMOUTLET.COM $497.81 RON HORWATH 06/05/2007 06/07/2007 ON SITE SANITATION INC $102.76 MARK MARUSKA 06/06/2007 06/07/2007 HUNT ELECTRIC CORPORATION $477.38 MARK MARUSKA 06/06/2007 06/07/2007 S & T OFFICE PRODUCTS $33.02 AMY NIVEN 06/05/2007 06/07/2007 OAKDALE RENTAL CENTER $518.66 ERICK OSWALD 06/05/2007 06/07/2007 THE HOME DEPOT 2810 $456.89 PHILIP F POWELL 06/06/2007 06/07/2007 PAYPAL *CASE CLUB $98.20 PHILIP F POWELL 06/06/2007 06/07/2007 BOUND TREE MEDICAL LLC $195.55 ROBERT PRECHTEL 06/05/2007 06/07/2007 BAUER BULT TRE33200023 $23.05 STEVEN PRIEM 06/06/2007 06/07/2007 SPARTAN PROMOTIONAL GRP $525.95 KEVIN RABBETT 06/06/2007 06/07/2007 SPARTAN PROMOTIONAL GRP $542.40 KEVIN RABBETT 06/06/2007 06/07/2007 SPARTAN PROMOTIONAL GRP $381.38 KEVIN RABBETT 06/07/2007 06/07/2007 COMCAST CABLE COMM $234.69 HARRIET J RYDEL 06/05/2007 06/07/2007 ACTION IMPRINTS $502.60 MICHAEL SHORTREED 06/05/2007 06/07/2007 MILLS FLEET FARM #27 $83.66 CHRISTINE SOUTTER 06/06/2007 06/07/2007 MISSISSIPPI MARKET $11.10 CHRISTINE SOUTTER 06/06/2007 06/07/2007 PAPA JOHNS #1838 $265.93 PAULINE STAPLES 06/05/2007 06/07/2007 OFFICE MAX $14.68 JOANNE M SVENDSEN 06/06/2007 06/07/2007 CUB FOODS, INC. $34.63 JAMES TAYLOR 06/05/2007 06/07/2007 THE HOME DEPOT 2801 $31.00 TODD TEVLIN 06/06/2007 06/07/2007 MENARDS 3059 $67.64 TODD TEVLIN 06/06/2007 06/07/2007 MENARDS 3059 $21.17 TODD TEVLIN 06/06/2007 06/07/2007 GAL *GALLS INC $97.93 SUSAN ZWIEG 06/07/2007 06/08/2007 VZWRLSS *APOCC VISN $44.29 R CHARLES AHL 06/06/2007 06/08/2007 UNIFORMS UNLIMITED INC $866.22 SCOTT ANDREWS 06/07/2007 06/08/2007 CUB FOODS, INC. $28.62 JOSEPH BERGERON 06/06/2007 06/08/2007 ONLINE DIRECT PRODUCTS ($3.95) HEIDI CAREY 06/06/2007 06/08/2007 GGW VIDEO $9.99 HEIDI CAREY 06/06/2007 06/08/2007 BASS BULLETIN & DIRECTORY $266.16 HEIDI CAREY 06/06/2007 06/08/2007 LSM5- US- PAY.COM $59.80 HEIDI CAREY 06/07/2007 06/08/2007 MOMTALK.COM $800.00 HEIDI CAREY 06/07/2007 06/08/2007 MENARDS 3022 ($28.80) CHARLES DEAVER 06/07/2007 06/08/2007 MENARDS 3022 $28.89 CHARLES DEAVER 06/06/2007 06/08/2007 DE LACE LANDEN OP01 OF 01 $265.19 MYCHAL FOWLDS 06/06/2007 06/08/2007 OFFICE DEPOT #1090 $41.34 PATRICIA FRY 06/07/2007 06/08/2007 MENARDS 3059 $67.88 VIRGINIA GAYNOR 06/07/2007 06/08/2007 CLOVER SUPER FOODS $171.00 MIKE GRAF 06/07/2007 06/08/2007 CLOVER SUPER FOODS $233.89 MIKE GRAF 06/06/2007 06/08/2007 OFFICE DEPOT #1090 $46.83 LORI HANSON 06/07/2007 06/08/2007 MENARDS 3059 $23.77 PATRICK HEFFERNAN 06/07/2007 06/08/2007 HENRIKSEN ACE HARDWARE $18.00 RON HORWATH 06/07/2007 06/08/2007 PSW *FRONTIER PRO SHOP $320.47 RON HORWATH Visa Transactions 05/28/07 thru 06/08/07 Trans Date Posting Date Merchant Name 06/06/2007 06/08/2007 CARQUEST 01021104 06/07/2007 06/08/2007 WMS *WASTE MGMT WMEZPAY 06/06/2007 06/08/2007 OFFICE DEPOT 1135 06/06/2007 06/08/2007 CARQUEST 01021229 06/07/2007 06/08/2007 HPS GLOBAL DELIVERY 06/07/2007 06/08/2007 MEDCO SUPPLY 06/07/2007 06/08/2007 CONSOLIDATED PLASTICS CO 06/07/2007 06/08/2007 BOUND TREE MEDICAL LLC 06/06/2007 06/08/2007 KATH AUTO PARTS NSP 06/06/2007 06/08/2007 KATH FUEL OFFICE 06/06/2007 06/08/2007 KATH AUTO PARTS NSP 06/06/2007 06/08/2007 TOUSLEY FORD 127200039 06/06/2007 06/08/2007 FACTORY MOTOR PARTS #19 06/07/2007 06/08/2007 AWD *AW DIRECT INC 06/06/2007 06/08/2007 CIRCUIT CITY SS #3137 Trans Amount Name $26.71 DENNIS LINDORFF $772.63 MARK MARUSKA $260.03 AMY NIVEN $50.35 ROBERT PETERSON $321.73 PHILIP F POWELL $153.95 PHILIP F POWELL $57.98 PHILIP F POWELL $38.76 ROBERT PRECHTEL ($22.87) STEVEN PRIEM $300.34 STEVEN PRIEM $134.09 STEVEN PRIEM $97.04 STEVEN PRIEM $47.97 STEVEN PRIEM $129.72 STEVEN PRIEM $223.63 SCOTT SCHULTZ $51,079.73 Agenda Item AGENDA REPORT TO: City Manager, Greg Copeland FROM: IT Director, Mychal Fowlds SUBJECT: Payment of Safari Software Maintenance Fees DATE: June 18th, 2007 Introduction Support contracts for software are a major necessity due to the fact that there are always fixes and updates and without the support contracts we're entitled to none of these. Also, in order to speak with any of our third party vendors a support contract is required. The Maplewood Park and Recreation department and the Maplewood Community Center purchased Recware Safari roughly 2 years ago and the support contract is due. Budget Impact This purchase will be funded from the 2007 IT Fund in the amount of $10,880.63. Recommendation It is recommended that authorization be given to pay the support contract for Safari so as to keep current with updates and to keep Safari support available for staff. Action Required Submit to City Council for review and approval. AM Attachment 1. Recware Safari Invoice ib UY, JilL L L The Active Network, Inc. maluffleman P: 1.800.661.1196 F :1.604.432.9708 www,TheActiveNetwork.com Page 1 of 1 INVOICE City of Maplewood, MN Invoice No: INCO04556 1830 E. County Rd. B PO No: Maplewood, MN 55109 Invoice Date: 6/112007 Attention: Mychal Fowlds Terms: Net 30 Description Qty Unit Price Amount AR Customer: MAP10002 Project. 7274/MAINT Safari Maintenance Fee June 28 2007 - June 27 2008 Subtotal $10,741.00 Pre Tax Total $10,741.00 MIN 20% Maintenance $139.63 TOTAL DUE: US$10,880.63 Please send payment via address indicated above. Thank You. Page 1 of 1 The Active Network, Inc. Prepared 2510512007 SafariTM Program & Facility Management Software 2007-2008 Maintenance & Support Worksheet F=ttective ,tune Its, !uut to June zi, zuut Agency: Maplewood Parks and Recreation Contact: Mychal Fowlds Address: 1830 E County Road 8 City: Maplewood Prov/State: MN PostallZip: 55109 Phone Number: 651-249-2923 Safari Software Modules Professional Modules Included Cost I - WORKSTATION-BASED CORE MODULES Safari Central X $9,995 Registration x $3,995 Reservations Memberships x $3,995 Premium Point of Sale x $3,995 Inventory control Tournament scheduling League Scheduling x $3,995 Financial interface User licenses included 5 Additional user licenses 3 $3,000 2 - ADD-ON MODULES Tele-Reg (server) Te(e- Reg lines Multilingual Tele-Reg (server) 3 - ONLINE (Internet) SERVER BASED MODULES Hosted Internet Registration (ProActive) Registration Online (server) x $13,990 Reservation Online (server) Sports Display League Scheduling Online (server) Membership Renewal Online (server) .. . ..... .. Total software investment $42,965.00 Maintenance is of total software investment Notes: IMaintenance [i$40;74 1 Sales taxes, where applicable, are not included. 2 Prices are in the currency of the country of installation and subject to change without notice. 3 Maintenance amount is a percentage of total software investment. 4 Registration online cost includes cost for online server engine ($9995), activity display ($3995), and activity registration ($3995) less credit for one online application (-$3995), AGENDA REPORT Agenda #1 -3 To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Resolution Authorizing Execution of Agreement —Safe & Sober Communities Grant Date: June 14, 2007 Introduction The Police Department is requesting approval of a resolution to enter into an agreement and accept a $20,000 Safe & Sober Communities grant for the period of October 1, 2007, through September 30, 2008. For many years, the Maplewood Police Department has been active in the Safe & Sober program. This program allows officers to do extra patrol, focusing on traffic safety and enforcement of traffic laws. The Minnesota Department of Public Safety, Office of Traffic Safety, requires that our City Council approve a resolution authorizing execution of this grant agreement. The Maplewood Chief of Police would then be authorized to execute agreements and amendments as necessary to implement the project on behalf of the Maplewood Police Department, and the Ramsey County Sheriff would be authorized to be the fiscal agent and administer the grant on behalf of the Maplewood Police Department. A copy of the resolution is attached. Recommendation It is recommended that the City Council approve this resolution. Action Required Submit to the City Council for review and action. DJT:js UWRI"T —JIiii RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Maplewood Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2007, through September 30, 2008. The Chief of Police of the Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Maplewood Police Department. Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be the fiscal agent and administer this grant on behalf of the Maplewood Police Department. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota on SIGNED: (Signature) (Date Passed) WITNESSETH: (Signature) Maw Ci Clerk (Titre) (Title) (Date) (Date) 2008 Minnesota Safe & Sober Office of Traffic Safety, Department of Public Safety AGENDA14 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Manager Citizen Services DATE: June 17, 2007 RE: Fee Waiver 3.2 Beer Permit - Ramsey County Fair Robert Reistad, on behalf of St. Paul East Parks Lions Club, has applied for a 3.2 beer permit for the Ramsey County Fair that will be held from July 11th through the 15 th. This is an annual event for the St. Paul East Parks Lions Club all funds raised from beer sales at the Ramsey County Fair will be used for community events in the area. Mr. Reistad is requesting that the city council waive the fee for the miscellaneous beer permit which is a total of $255.00. MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: June 17, 2007 Agenda Item 15 SUBJECT: Pulmonary Hypertension Association- Gambling Resolution Introduction An application has been submitted for temporary gambling (raffle) on behalf of the Pulmonary Hypertension Association (PHA). The PHA is a 50103 tax - exempt organization and has been in existence since 1987. The local chapter conducts their meetings at the Roseville Library. The event will be held on Saturday, August 18 from 10:00 a.m. to 5:00 p.m. at Battle Creek Regional Park. Ramsey County Parks and Recreation has approved the event and fundraiser with the understanding that local approval of the gambling resolution be granted by the City of Maplewood. Funds raised will be used towards the prevention and cure of pulmonary hypertension and to provide hope for the pulmonary hypertension community through support, education, advocacy and awareness. • • BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Pulmonary Hypertension Association to be used on August 18, 2007 at Battle Creek Regional Park FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Consideration Approve the above resolution for temporary gambling. MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: June 17, 2007 RE: Donation Acceptance Agenda Item 16 On June 14 the City hosted our first Taste of Maplewood event. At the event members of the city council participated in a dunk tank fundraiser. It was predetermined that the council member that raised the most funds in the tank would determine who the funds would be donated to. A total of $244 was raised and the top fundraiser was councilmember Rossbach. Councilmember Rossbach has requested be split between Friends of the Park and Friends of the Nature Center. Staff would like to thank the council for their participation in the event. Consideration It is requested that the council accept the funds and direct staff to donate the funds to Friends of the Park. Agenda Item 17 TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Replace Furnace and Air Conditioner at Station Four DATE: June 20, 2007 INTRODUCTION Over the past five months, we have been having ongoing problems with the furnaces and air conditioning system at station four. The latest problem that has occurred has a repair tag of approximately $2,000. The furnaces and a/c unit are approximately 23 years old and are presently out of service. For whatever reason, at the time the station was built, two very large home type furnaces were used along with a roof mount a/c unit. I have had these furnaces inspected and some hairline cracks in the heat exchangers have been found which confirmed the need to replace them. We have the opportunity to downsize these units with a much more efficient and combination heating and air conditioning unit that is a commercial grade which will mount on the roof. In the long run, having it combined and on the roof will result in a reduction in monthly heating and a/c bills and lower repair bills in the future. I have received two bids; one from Egan Mechanical in the amount of $17,180 and one from Midwest Sheet Metal Company in the amount of $17,200. Building Chief Engineer Larry Farr and I have reviewed the proposals and both agree for the need to replace these furnaces and a/c at this time with a combination heat and a/c roof mount unit. This is an unbudgeted expenditure and we will need to utilize the reserve fund. RECOMMENDATION I recommend that the city council approve the purchase and installation of a new Carrier five -ton roof mounted heat and a/c unit from Egan Mechanical in the amount of $17,180 and ask the finance department to make the necessary transfer of funds. Att. 1: ./ Building an i'rnm( Xepr PROPOSAL Date: June 12, 2007 File Name: station 4 RTU Page 1 of 1 CONIPAIYY ": ATTENTION Maplewood Fire Steve Lukin 5TREETADDRESS: PROJECT NAM 1955 Clarence street Rooftop Unit install CITY, STriTE, zIr : PROJECT LOCATION Maplewood, MN 55109 Station 4 DESCRIPTION OF WORK Egan company proposes to demo old Furnas and air conditioner. Install a Five ton standard efficiency packaged heating and cooling rooftop unit over conference room area on new roof curb as follows. A high efficiency would be a $780.00 add, example of savings would be $140.00 a year for one shift 10 hours 5days a week would take 4.4 years with the Excel energy $170.00 rebate. - Carrier five ton gas heat packaged rooftop unit. -- Economizer for free cooling less than 60 degrees F. - Reconnect sheet metal supply and return ducting, - New Electrical disconnect, line voltage and control wiring. - Programmable thermostat with night setback. - Hail guard to protect condenser coil. - All roofing for new curb and cap existing openings. - Crane to set unit. - Disposal of old equipment. - Permitting and misc. material. - Perform startup and operational testing. ITEMS NOT INCLUDED u Overtime labor PRICE Seventeen Thousand One Hundred Eighty Dollars $17,180.00 TERNIS'AND. CONDITIONS Payment terns arc net 30 days from date of invoice. Monthly progress billings acceptable. This proposal may be Withdrawn if not accepted witfrin 30 days. Credit Department. All are contingent upon strikes, fire, flood, accidents or delays caused by Accepted proposal subject to approval by Seller's agreements circumstances beyond our control. All work to be completed in a workmanlike manner according to standard practices. SUBMITTED BY ACCEPTANCE SIGNATURE Shane Becker TITLE: TITLE Account Manager TELEPHONE DATE OF ACCEPTANCE 763 -595 -4366 mechanical electrical systems Boone Avenue North I Brooklyn Park, MN 55428 1 p: 763.595.4300 AliiUnfSnafiv Aclwwl Opportunity Fimiilay.r f. 763.595.4346 1 www.eganco.com a JUN -05 -2007 11:29 NORTHWEST SH & ELEC 651 3100403 P.01i02 Beating - Ventilation - Air Conditioning - Contractors NORTHWEST SHEETMETAL CO. OF ST. PAUL 110 SYCAMORE STREET WEST ST. PAUL, MN 55117-5451 PHONE (651)310 -0102 PAX (651) -310 -0403 Attn: Steve Lukin — Fire Chief Re: HVAC Equipment Replacement Name: Maplewood Fire — City of Maplewood Maplewood Fire Station #4 Street: 1955 Clarence Street 2601 Landin Lane, Maplewood City: Maplewood, MN 55109 Email. steve.lukin c@ci.maplewood.mn_us Phone: 651- 249 -2802 Fax: 659- 248 -2809 Gall: 651- 775 -7316 HVAC Equipment Replacement for Fire Station #4 Demo two existing Lennox furnaces, Cagier condensing unit, A- coil., and Flue Venting - Disconnect gas piping from the existing tandem furnaces. Reclaim refrigerant from. A/C system. Remove ductwork as required for reconnection to new rooftop unit. Equipment: (1) Standard efficiency S Ton TRANE rooftop unit 9 Roof Curb n Programmable thermostat with night setback * Economizer to provide free cooling in the spring and fall Furnish and install a new rooftop unit with associated supply and return air ductwork as required to reconnect to the existing HVAC system. Remove the existing 10" B -Vent and furnish and install a new dedicated 4" B -Vent up through the roof for the existing gas fired water heater. Provide roof work for new rooftop unit curb and B -'Vent cone. Connect gas piping, electrical power wiring, and low voltage control wiring to the new rooftop unit. Includes permits for our work Exclusions: No cleaning of existing ductwork, no professionally engineered drawings, and no roof hatch. X An Equal Opportunity Employer 3UN°-05 -2007 11;29 NORTHWEST SM & ELEC 651 3100403 P.02/02 Heating . Ventilation - Air Conditioning . cbntraarom NORTHWST SHEETMETAL CO. OF ST. PAUL 11(l SYCAMORE STREET WEST E 5T. PAUL, MN 55117 -5451 PHONE (651)310 -0102 FAX (651) -310 -0403 0Dtionai Adds to base bid (please add the corresponding amounts to our base bid if accepted) Optional Add #1 -- High Efficient rooftop unit in lieu of standard efficiency +$900 Optional Add42 — Factory .Hail Ouards for rooftop unit to Protect coil =$ 100 All material is guaranteed to be as 9 pcctificd, and the - above work to be performed in uocordanec with the drawings and specification fu' above work nd completed in a substantial work like manner for the sum of $ Seventeen Thousand Two Handred and no /100 Dollars --- $17,200.00 Customer agrees w pay Nonhwest Shcetmeml Co. of St. paut all amounts due for any setvlecs or materials provided upon receipt of any invoice froth Northwest Shc=ztal. Customer agees to a service charge of 18% per annum on all balances thirty (30) days or more past due. Custoter also specifically gees to pay Northwest Shectmctal for all collections costs, including employee time and expense, and all attorney's fees and let al costs incurred in either collection of and/or protection of Northwest Shecimetal's interests in Customer's past due account or pctfornFanec of this contract, In the event that Cwlomcr terminates or otherwise breaches its contract, Customer still a9cc3 to pAy (l) in full orr a trrrie and material basin for all services and/or materials No t i D e c s. S heetmctal has provided to Customer or the subject properry, including but not limitcdto, time Northwest Sheetmetal has expended in preparing any itemizations or estimates. and (2) an additional consulting and adjusting fee equal to twenty percent (20%) of tho total szrvices and/or materials Northwest Sheettnetal has provided to Customer nr the Property as of the date of such termination or breach. which fcc mprosents the industry standard far reasonable p ford overhead generally paid. and in not a pOnalty. Any chang signed r m d all parries h a; =ment and its terms must be in a separate wrl'ins or ahanSc Authorized Signature Accepted By' Title: Date: !Northwest Sheetmetal Co, of St. Paul Respectfully Submitted, Chris Sa r / Joe Albers csawyer a nwsme.com jalbers@nwsme.com Date: 6!5!07 An Equal Opl30rtunity Employer % TOTAL P.02 Agenda Item 18 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Desoto- Skillman Area Street Improvements, Project 06 -16 a. Resolution Approving Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District DATE: June 14, 2007 INTRODUCTION Capitol Regions Watershed District requires that all construction projects over 1 acre require a permit. A portion of the Desoto Skillman Area Street project is located within Caption Regions Watershed District. As part of the permit, the city must enter into a Memorandum of Agreement with Capitol Regions for Storm Water Facilities. DISCUSSION The Memorandum of Agreement for Storm Water Facilities is attached. Capitol Regions Watershed District requires an agreement for every construction project over 1 acre in size. The western portion of the Desoto Skillman project is located in Capitol Regions Watershed District. The permit requires that the city infiltrate runoff from a 1 inch storm event. The city is meeting the requirement by constructing infiltration trenches and rainwater gardens. The permit also requires that the city agree to keep an inventory of all storm water facilities and to maintain the facilities. The Memorandum of Agreement for Storm Water Facilities formalizes the city's responsibility to maintain all storm water facilities. The City's attorney has reviewed and approved the agreement. RECOMMENDATION It is recommended that the City Council approve the attached resolution for the Desoto- Skillman Area Street Improvements, City Project 06 -16: a. Resolution Approving Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District Attachments: 1. Resolution 2. Agreement for Storm Water Facilities with capitol Regions Watershed District RESOLUTION APPROVING MEMORANDUM OF AGREEMENT FOR STORMWATER FACILITIES WITH CAPITOL REGIONS WATERSHED DISTRICT District WHEREAS, the City of Maplewood wishes to reconstruct streets with Capitol Regions Watershed WHEREAS, as part of the permit to reconstruct roads within Capitol Regions Watershed District, the City of Maplewood is required to enter into a Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: The City of Maplewood agrees to the terms and provisions of the Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District. The city assumes all responsibilities in the agreement pertaining to the stormwater facilities within Capitol Regions Watershed District The City of Maplewood authorizes the Mayor and City Engineer to sign the Memorandum of Agreement for Storm Water Facilities with Capitol Regions Watershed District Adopted by the City Council this 25 day of June 2007. CONTRACT NO. MEMORANDUM OF AGREEMENT for MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES AN AGREEMENT, dated this of , 2007, by and between the CAPITOL REGION WATERSHED DISTRICT hereinafter called the "DISTRICT ", and the CITY OF MAPLEWOOD, Minnesota hereinafter called the "CITY ". WHEREAS, a portion of the CITY is located within the DISTRICT and therefore is subject to its rules; and WHEREAS, the DISTRICT requires the installation and maintenance of stormwater management facilities for projects disturbing over one acre in its DISTRICT Rules; and WHEREAS, the CITY is required to construct stormwater management facilities according to Rule C of the DISTRICT Rules for CITY Improvement Projects, including street reconstruction projects; and WHEREAS, the CITY has proceeded to commence street reconstruction projects; WHEREAS, the CITY is required to enter into an agreement to maintain the stormwater management facilities under Rule C Section 3. (e) of the DISTRICT Rules; and NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, the DISTRICT and the CITY agree as follows: SECTION 1. Definitions a) Stormwater Management Facilities means the devices constructed as a part of CITY Improvement Projects to meet the DISTRICT's rules. b) State of Minnesota Storwater Manual means the reference guide referred to in DISTRICT rules SECTION 2. City Obligations The CITY shall maintain the stormwater management facilities in working condition and in accordance with the schedule of long term maintenance activities agreed to, as follows: a) Establish an inventory of stormwater management facilities, which will be updated annually. b) Inspect the stormwater management facilities annually. c) Maintain all stormwater management facilities to assure that, to the extent possible, they function as originally designed. d) Maintain all stormwater management facilities as recommended in the State of Minnesota Stormwater Manual or as amended. SECTION 3. Entire Agreement It is understood and agreed that this Agreement constitutes the entire Agreement between the parties, and that it supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof This Agreement may be amended only by written agreement of the parties. SECTION 4. Termination This Agreement shall be perpetual in nature until modified or terminated by the DISTRICT or the CITY at any time with or without cause upon ninety (90) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. CITY OF MAPLEWOOD, MINNESOTA CAPITOL REGION WATERSHED DISTRICT an Diana Longrie, Mayor Chuck Ahl, Director of Public Works /City Engineer L Mark Doneux, Coordinator 11 Robert P. Piram, President City of Maplewood 1902 County Road B East Maplewood, MN 55109 Capitol Regions Watershed District 1410 Energy Park Dr., Suite 4 St. Paul, MN 55108 Approved as to form: Assistant Ramsey County Attorney Legal Counsel for Capitol Region Watershed District Agenda Item 19 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Crestview Forest Improvements (Deer Ridge Lane), City Project 06 -21, Resolution Accepting Report and Calling for Public Hearing DATE: June 13, 2007 INTRODUCTION The residents and both associations of the Crestview Forest platted area are requesting that the City Council consider accepting a private street called Deer Ridge Lane for public ownership. The street was installed by the developer of the platted additions as a private street in the 1980's when the development was constructed. The feasibility study is complete and is available for review in the office of the city engineer. Final copies of the study will be made available to the city council prior to the public hearing. The study includes information on the proposed improvements, costs, financing, and probable assessments in order to accept the private street as public. The city council will consider accepting the feasibility study and ordering a public hearing. BACKGROUND The proposed project area is illustrated on the attached project location map. Many of the homes within these types of associations are of very high value and the residents compare their area to that of developments where public streets exist and begin to question why they don't receive the public services similar to the developments with public streets because in many cases, they pay higher property taxes. Such is the case within Crestview Forest. The private street (Deer Ridge Lane) does not look much different than some of the other public streets within the area; the maintenance is just paid for and arranged for by the homeowners associations. This is not a unique situation for cities to have with developments that are 20 -25 years old. The property owners within the development petitioned the city to prepare a feasibility study to determine the cost of turning the private roads into public roads. Staff has met with the homeowner's association on several occasions to discuss the cost of turning the streets over to the city. The homeowner's association is aware of their responsibility to finance 100% of the costs and would like to continue the process to turn the streets over to the city. The total project budget as reported in the feasibility study is $24,954. The costs of all improvements are to be fully assessed to the improved properties over a period of fifteen calendar years. In discussion with the homeowners associations they may consider paying a lump sum after the assessment hearing to avoid those properties fronting Deer Ridge Lane incurring the special assessment to the individual residences. Agenda Item 19 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:15 p.m., Monday, july 9 2007, for the Crestview Forest Improvements (Deer Ridge Lane), City Project 06 -21. Attachments: 1. Resolution 2. Location Map 3. Executive Summary RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted September 25th, 2006, a report has been prepared by the city engineering division with reference to the improvement of Crestview Forest Improvements (Deer Ridge Lane), City Project 06 -21, and this report was received by the council on June 25th, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of Crestview Forest Improvements (Deer Ridge Lane) in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $24,954. 2. A public hearing shall be held on such proposed improvement on the 9 th day of July, 2007 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. CITY OF MAPLEWOOD CRESTVIEW FOREST IMPROVEMENTS (DEER RIDGE LANE) CITY PROJECT 06 -21 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Crestview Forest Improvements (Deer Ridge Lane) - City Project 06 -21. The proposed project involves drafting a public right -of -way easement over the road and utilities and to also perform grading and restoration at a storm sewer outlet near an existing pond on the site. Saint Paul Regional Water Services would also perform upgrades to the water main and water services within the private road and redraft the water system agreement in order to meet their standards and take over the system. The estimated costs for the proposed improvements are detailed below. These costs include allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Estimated Cost Easement/Survey /Restoration: $ 12,270 (49 %) Storm Drainage Improvements: $ 6,056 (24 %) Watermain Improvements: $ 6,628 (27 %) Total estimate project costs: $ 24,954 (100 %) It is proposed that the improvements be financed through a property assessment to benefiting properties on Deer Ridge Lane. Financing Source Amount Property Assessments: $ 24,954 (100 %) The following is a proposed schedule for the project should the city council vote to proceed: Receive feasibility study and order public hearing 06125107 Public hearing 07109107 Authorize preparation of plans and specs 07/09107 Assessment hearing 08/27/07 Approve plans and specs/ Order work done by day labor 08/27/07 Begin construction 08/28/07 Complete construction 10/30/07 Assessments certified to Ramsey County 10/08/07 The total estimated project cost is under $25,000. Under MN Statute 429, the City is allowed to utilize City Forces, or Day Labor, to do the proposed work. Typically, it makes more sense for the property to be assessed after the improvements are completed and the actual cost has been determined. However, it was suggested by the Local Improvement Guidelines (an explanation of MN Statute 429) that the assessment hearing be held first prior to petitioning the council to authorize City Forces to do the work. The reason for this is that the funding for the project is secured prior to City Forces commencing the work. That is why the ad for bid and awarding of contract are not listed on the above schedule. Based on the analysis completed as part of this report, the proposed Crestview Forest Improvements (Deer Ridge Lane) project is feasible, necessary and cost effective, and would be a benefit to the City of Maplewood and its residents. 1 •- •. i SUMMARY TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Easement Vacation Resolution Correction LOCATION: North Side of Legacy Parkway DATE: June 20, 2007 INTRODUCTION It has come to city staff's attention that the legal description provided by the applicant for the easement vacation described in the attached report was incorrect. This legal description referred to the affected parcel as Lot 1 , Block 1, when in fact, it should have been Lot 4 , Block 1. The applicant's certificate of survey sketch that was presented to the council showed the lot number correctly as Lot 4, but their written description had it incorrectly noted as Lot 1. This is the legal we used in the original resolution. Request Approve the revision of the November 28, 2005 easement vacation resolution to correct the lot number. Refer to the attached revision and city council minutes. RECOMMENDATION Approve the revision to the November 28, 2005 easement vacation resolution to correct the lot number inaccuracy. This correction changes the legal description of the parcel from Lot 1 to Lot 4, Heritage Square. p:sec 3 \Her Sq Ease Vac Correction 6 07 Attachment: 1. Revised Drainage and Utility Easement Vacation Resolution 2. November 28, 2005 City Council Minutes EASEMENT VACATION RESOLUTION WHEREAS, Mr. Kevin Clark, of Town & Country Homes, applied for the vacation of a four by ten foot portion of drainage and utility easement within the Heritage Square Townhome development. This easement is described as follows: THE WEST 10.00 FEET OF THE EAST 40.00 FEET OF THE NORTHERLY 4.00 FEET OF THE SOUTHERLY 10.00 FEET OF LOT 4, BLOCK 1, HERITAGE SQUARE, RAMSEY COUNTY, MINNESOTA, ALL DISTANCES TO BE MEASURED AT RIGHT ANGLES. WHEREAS, on November 7, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on November 28, 2005, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, on June 25, 2007, the city council reconsidered this request after it was brought to their attention that the legal description incorrectly referred to the parcel as Lot 1 instead of Lot 4, Heritage Square. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation because this four by ten foot section of a drainage and utility easement is not needed and, therefore, would serve no public purpose. The Maplewood City Council adopted this corrected resolution on June 20, 2007. 2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 28, 2005 Council Chambers, City Hall Meeting No. 05 -26 NEW BUSINESS 1. Easement Vacation — Lot 1, Block 1, Heritage Square Addition (North of Legacy Parkway) a. City Manager Fursman presented the report. b. Planner Ekstrand presented specifics from the report C. Chris Call, Lifeform Engineering Company was present for council questions. Councilmember Koppen moved to adopt the following resolution vacating the unneeded four by ten foot section of a drainage and utility easement within the Heritage Square Townhomes development subject to Town and Country Homes releasing the City of Maplewood from any liability in case their property is damaged within the easement due to utility repairs: EASEMENT VACATION RESOLUTION 05 -11 -167 WHEREAS, Mr. Kevin Clark, of Town & Country Homes, applied for the vacation of a four by ten foot portion of drainage and utility easement within the Heritage Square Townhome development. This easement is described as follows: THE WEST 10.00 FEET OF THE EAST 40.00 FEET OF THE NORTHERLY 4.00 FEET OF THE SOUTHERLY 10.00 FEET OF LOT 1, BLOCK 1, HERITAGE SQUARE, RAMSEY COUNTY, MINNESOTA, ALL DISTANCES TO BE MEASURED AT RIGHT ANGLES. WHEREAS, on November 7, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on November 28, 2005, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation because this four by ten foot section of a drainage and utility easement is not needed and, therefore, would serve no public purpose. This vacation is subject to Town and Country Homes releasing the City of Maplewood from any liability in case their property is damaged within the easement due to utility repairs: Seconded by Councilmember Bartol Ayes -All 4 TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Easement Vacation Request for Heritage Square Townhomes LOCATION: North Side of Legacy Parkway DATE: November 8, 2005 INTRODUCTION Kevin Clark, of Town & Country Homes, is requesting that the city council vacate a small portion of a drainage and utility easement within the Heritage Square Townhomes development. This easement portion measures four by ten feet in size. The reason for this vacation request is because the front stoop of one of the townhomes encroaches into this easement. Refer to the attachments. Xej Legacy Village and Heritage Square July 14, 2003: The city council approved the planned unit development, comprehensive plan amendment, tax - abatement plan and preliminary plat for Legacy Village. This plan included the site for Heritage Square. September 8, 2003: The city council approved the final plat for Legacy Village. December 8, 2003: The city council approved the planned unit development (PUD), preliminary plat and design plans for Heritage Square. December 16, 2003: The community design review board approved revised architectural plans for Heritage Square. February 9, 2004: The city council approved the final plat for Heritage Square. Findings for Approval To vacate an easement, the city council must find that it is in the public interest. DISCUSSION Erin Laberae.the Maplewood Assistant City Engineer, reviewed this proposal and determined that there isno reason to retain this easement portion. The balance nfthe easement will remain in place and loss of this tiny part will have no effect on the remainder. Staff recommends that the city council vacate this easement since it would serve O0 public purpose. COMMITTEE ACTIONS November 7,2OO5: The planning commission recommended approval [f this easement IVA Adopt the resolution in the staff report vacating the unneeded four byten foot section of a drainage and utility easement within the Heritage Square Townhomes development. V8C8tiOD is in the public interest SiOCH this portion Of easement would SHn/8 DO public purpose. p: sec 3\HarGq Ease Vac 1[/05 Attachments: 1. Location Map 2. Heritage Square Development 3. Easement Vacation Detail 4. Letter of Request from Travis Van Neste of Landfonn 5. Easement Vacation Resolution 2 p BEAM AVE 'S - T Location Map Heritage Square s r -4-1 EASEMENT VACATION EXHIBIT l -Oe: TOWN & COUNTRY OONC -3 r, N89 ' 04 " /f OONDOMINJUM I Y .47E 1 � l f Y� F, t - t� y i t _J t � Y r ` a, - ' PROPOSED EXISTNC UNDERGROUND CAS, TELE., ELEC. AND CABLE T.V. UTILITIES AS LOCATED PER r GOPHER STATE ONE --CALL TICKET t` NO. 5055g954 t i PATIO PATIC7 t r -- r t r El DRAINACE AND UTILITY EASEMENT -, TO BE VACATED J (SEE DETAIL A) f 4P PATO ---, i cs PA '110 Attachment 3 — 0 NORTH SCALE: 1 "= 2©' f 30.00 C z I to Q� R d f f I f i ( f f i ( I _ i STQC�P tfl.0 EX4ST1 f0 SiQ WAt K 0 1 56 59 E LEGEND: L Y'J PROP05ED DRAINAGE AND UTILITY J EASEMENT TO BE VACATED DESCRIPTION OF EASEMENT TO BE VACATED: The West 10.00 feet of the East 40.00 feet of the Northerly 4.00 feet of the Southerly 10.00 feet of Lot 1, Block 1, HERITAGE SQUARE, Ramsey County, Minnesota, ail distances to be measured at right angles. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the St of Minnesota. — --�- i � TRAVIS W. VAN NESTE Date: 0q- -1q -05 License. No. 44I0q Revved: DETAIL A: NOT TO SALE cov��Eo -F 60 r ob PATi(J 1 cs LANDFORM 510 First Avenue North, Butler North Building, Suite 650 Minneapolis, MN 55403-1610 www. l andfonn msp, oDrn Jab No_ 70030 02 t?rowr q: vac d —„ esmt_._ T'002 g LIMP 5 < It � w k. LU � CV fl ass LL s� 1 rf �t i t OONDOMINJUM I Y .47E 1 � l f Y� F, t - t� y i t _J t � Y r ` a, - ' PROPOSED EXISTNC UNDERGROUND CAS, TELE., ELEC. AND CABLE T.V. UTILITIES AS LOCATED PER r GOPHER STATE ONE --CALL TICKET t` NO. 5055g954 t i PATIO PATIC7 t r -- r t r El DRAINACE AND UTILITY EASEMENT -, TO BE VACATED J (SEE DETAIL A) f 4P PATO ---, i cs PA '110 Attachment 3 — 0 NORTH SCALE: 1 "= 2©' f 30.00 C z I to Q� R d f f I f i ( f f i ( I _ i STQC�P tfl.0 EX4ST1 f0 SiQ WAt K 0 1 56 59 E LEGEND: L Y'J PROP05ED DRAINAGE AND UTILITY J EASEMENT TO BE VACATED DESCRIPTION OF EASEMENT TO BE VACATED: The West 10.00 feet of the East 40.00 feet of the Northerly 4.00 feet of the Southerly 10.00 feet of Lot 1, Block 1, HERITAGE SQUARE, Ramsey County, Minnesota, ail distances to be measured at right angles. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the St of Minnesota. — --�- i � TRAVIS W. VAN NESTE Date: 0q- -1q -05 License. No. 44I0q Revved: DETAIL A: NOT TO SALE cov��Eo -F 60 r ob PATi(J 1 cs LANDFORM 510 First Avenue North, Butler North Building, Suite 650 Minneapolis, MN 55403-1610 www. l andfonn msp, oDrn Jab No_ 70030 02 t?rowr q: vac d —„ esmt_._ T'002 g LIMP 5 Attachment 4 Tom Ekstrand From: Travis Van Neste [tvanneste @Iandformmsp.comJ Sent: Tuesday, October 11, 2005 8:03 AM To: Tom Ekstrand Subject: partial vacation of easement through L4, B1 Heritage Square A Lti ;VZ'A' L `V FOR MINN RAP OL15- PHOENIX We are requesting a partial vacation of the utility easement through this tot, as shown on the exhibit that we furnished to your office. The reason for this vacation request is because the building was designed in the easement, and we are unable to redesign it so that it wi11 be outside the easement. This vacation, if approved, will not affect the public, because it is an easement for the utilities which serve this development only. Also, the utilities which are installed in the easement are well clear of the proposed building, as shown on said exhibit. Travis W. Van Neste Licensed Surveyor 611252.9070 Ext.286 mailto:tvanneste c'ilandformmsp.com 650 BUTLER NORTH BUILDING 590 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 http : / /www.landform.net/ 10/11/2005 6 Attachment EASEMENT VACATION RESOLUTION WHEREAS, Mr. Kevin Clark, of Town & Country Homes, applied for the vacation of a four by ten foot portion of drainage and utility easement within the Heritage Square Townhome development. This easement is described as follows: THE WEST 1O.00 FEET [)F THE EAST 4Ol0 FEET (]F THE NORTHERLY 4l0FEET OF THE SOUTHERLY 1O.0] FEET C)F LOT 1. BLOCK 1 HERITAGE SQUARE, RAMSEY COUNTY, MINNESOTA, ALL DISTANCES TOBE MEASURED ATRIGHT ANGLES. WHEREAS, 0O November 7 planning commission held @public hearing. The city staff published 8 ODUC8 in the M8p|8vvOOd Review and sent notice to the abutting property owners. The planning commission gave everyone 8t the hearing @ chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on November 28, 2005, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city approves this vacation, the public interest inthe property will gOk] the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation because this four by ten foot section of a drainage and utility easement iS not needed and, therefore, would serve D0 public purpose. The Maplewood City Council adopted this resolution OD November 18.2O05. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 7, 2005 V. PUBLIC HEARING a. Easement Vacation — Lot 1, Block 1, Heritage Square Addition (North of Legacy Parkway) (7:06 — 7:11 p.m.) Mr. Roberts said Kevin Clark, of Town & Country Homes, is requesting that the city council vacate a small portion of a drainage and utility easement within the Heritage Square Townhomes development. This easement portion measures four by ten feet in size. The reason for this vacation request is because the front stoop of one of the townhomes encroaches into this easement. Erin Laberee, the Maplewood Assistant City Engineer, reviewed this proposal and determined that there is no reason to retain this easement portion. The balance of the easement will remain in place and loss of this tiny part will have no effect on the remainder. Commissioner Trippler asked why the stoop needed to be taken out of the easement area but the patios did not need to be taken out of the easement area? Mr. Roberts said it is city practice to allow driveways and at-grade improvements to be within an easement that can easily be dug up and replaced. He also noted that when you have an actual structure in an easement things are different. Chairperson Fischer asked the applicant to address the commission. Mr. Chris Call, Civil Engineer, Landform Engineering, 510 First Avenue North, North Building, Suite 650, Minneapolis, addressed the commission. He had no questions or comments for the planning commission. Everything was pretty straight forward in the staff report. The planning commission had no questions or concerns for the applicant. Chairperson Fischer asked if anyone in the audience wanted to come forward regarding this public hearing. Nobody in the audience came forward to speak. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to adopt the resolution in the staff report vacating the unneeded four by ten foot section of a drainage and utility easement within the Heritage Square Townhomes development. Vacation is in the public interest since this portion of easementwould serve no public purpose. Commissioner Kaczrowski seconded. Ayes — Ahiness, Desai, Dierich, Fischer, Kaczrowski, Trippler, Yarwood The motion passed. Agenda Item J1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Brookview Area Street Improvements, Project 07 -01 1. Approve Resolution for Awarding Construction Contract DATE: June 14, 2007 INTRODUCTION Final plans and specifications for the Brookview Area Street Improvements were approved by the city council on May 14 2007, and authorization was given to advertise for bids. Those bids were received and subsequently opened on Thursday June 14 Background Contractor bids were received and publicly read aloud at 10:00 a.m., on Thursday, June 14 2007. The following five bids were received: All bids have been checked and tabulated. The engineer's estimate for the project was $2,509,284.25 for the Base Bid and the Base Bid + Add Alternate A. The low bid from Palda and Sons Inc. of $1,865,081.57 is about 25% less than the engineer's construction cost estimate. The city has worked successfully with Palda & Sons, Inc. in the past; most recently being on Gervais Avenue Street Improvements, City Project 05 -17. The bids continue to reflect the exceptionally competitive bidding market this year. Budget Impact There would be no impact to the approved budget based on the above recommendation. The bid falls within the approved construction cost for the capital improvement plan budget for Brookview Area Street Improvements and similarly falls within the estimated construction cost established in the feasibility study. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bids for Brookview Area Street Improvements, City Project 07 -01. Attachments: 1. Resolution: Award of Bids 2. Location Map 3. Bid Letter and Bid Tabulations compiled by SEH Contractor Base Bid Base + Alt. A 1) Palda & Sons, Inc. $1,882,759.97 $1,865,081.57 2) Arnt Construction $2,216,432.18 $2,123,336.07 3) T.A. Schifsky & Sons, Inc. $2,226,181.67 $2,205,606.44 4) Tower Asphalts, Inc. $2,242,403.27 $2,242,403.27 5) Forest Lake Contracting, Inc. $2,342,831.23 $2,326,232.98 All bids have been checked and tabulated. The engineer's estimate for the project was $2,509,284.25 for the Base Bid and the Base Bid + Add Alternate A. The low bid from Palda and Sons Inc. of $1,865,081.57 is about 25% less than the engineer's construction cost estimate. The city has worked successfully with Palda & Sons, Inc. in the past; most recently being on Gervais Avenue Street Improvements, City Project 05 -17. The bids continue to reflect the exceptionally competitive bidding market this year. Budget Impact There would be no impact to the approved budget based on the above recommendation. The bid falls within the approved construction cost for the capital improvement plan budget for Brookview Area Street Improvements and similarly falls within the estimated construction cost established in the feasibility study. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bids for Brookview Area Street Improvements, City Project 07 -01. Attachments: 1. Resolution: Award of Bids 2. Location Map 3. Bid Letter and Bid Tabulations compiled by SEH RESOLUTION AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda & Sons, Inc. in the amount of $1,865,081.57 is the lowest responsible bid for the construction of Brookview Area Street Improvements —City Project 07 -01, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 25 th day of June 2007. 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. ��� - 3 L i r Z; �J 0r _L7Z J IJ 2Z5 7 ...... .... J 2 jj 22 1, 3 )V-- 220 z SOD ,$' HUDSON PL. LL i (-D C v z 0 BR 0 \-A,4� E W DR . V u I e [if Lu Elf C ree p MAYER LN. JI F- I -- r Q JAMES I u� 'Z�// Ld cv � < LLJ LE Afton (D V) Heights LLJ > Park I > < < Li 0 W > Li C) I I , \ EGO r < <! - UPPER AFTON RD. Cn i 20 Tanners Lake C 1 �, � D94 :D Street Improvements u no scale Exhibit 1 Project Streets Brookeview Area Streets Improvement 07-01 AVE N1 M A Lom June 14, 2007 Honorable Mayor and City Council City of Maplewood 1830 County Road B East Maplewood, MN 55109 -2702 Attn: R. Charles Ahl, PE, City Engineer Dear Mayor and Council Members: RE: Maplewood, Minnesota Brookview Area Street Improvements City Project No. 07 -01 S.A.P. Nos. 138 - 148 -01 & 138 - 179 -01 SEH Project No. A- MAPLE0708.00 6.00 On Thursday, June 14, 2007, at 10:00 a.m., 5 bids were received for the above - referenced project. Please find enclosed the bid tabulation detailing the results. The results are summarized below shown in order of Base Bid and Base Bid plus Alternate A. Contractor Base Bid Base + Alt. A 1 Palda and Sons, Inc. $1,882,759.97 $ 1,865,081.57 2 Arnt Construction 52,216,432.18 $ 2,123,336.07 * 3 T. A. Schifsky & Sons, Inc $2,226,181.67 $ 2,205,606.44 4 Tower Asphalt, Inc. $ 2,242,403.27 $ 2,242,403.27 * 5 Forest Lake Contracting Inc. $ 2,342,831.23 $ 2,326,232.98 * Engineer's Estimate 52,509,284.25 $ 2,509,284.25 x Denotes corr-eeted figure Based on the Base Bid plus Alternate A, the low bid received was submitted by Palda and Sons, Inc., of St. Paul, Minnesota in the amount of $1,865,081.57. This contractor has worked in the City of Maplewood on projects of various sizes. SEH engineers can conclude that Palda and Sons, Inc. has the experience and ability to complete a project of this size. Accordingly, we recommend the project be awarded to Palda and Sons, Inc. in the amount of $1,865,081.57, based on their Base Bid plus Alternate A. (contingent upon the City's receipt of all permits and easements) if all permits and easements have not been obtained at the time of award. Sincerely, _1� Steve Heth, PE Project Manager Enclosure ah s: uof cu' A07080016- bidding\iecawardlir .doe Short Elliott Hendrickson Inc., 3535 Vadnais Center drive, St. Paul, MN 55110 -5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax N 0 1 6 Il I t; 0 10 O dS 9 6 z 111 0 a I I H O II L z Z4 D z D > o 2 CL 'o O 0 t o O Lu 0 m o 0 = z z m CL i — (j 0 75 o 2 z 6 0 a. z :2 0 2 W 2 M m 0 ch U) 12 O O 0 . . . . . . . . . . . . . . - - — — - - — - - - — 6 ai 6 O 6 m O O S m o 6 o o o 6 o "i b . . S . . . . o l2sS8 . 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S S I S O So p 'k Z7 O I N 12 Z 0 > w x 0 CD zz z 0 0 A ZE - 2i 0 , Z Z ;T z z X D > C o o 5i 5i 29— ° o z - 0 0 0 ID h= 0 ID 2i a t: 0 ID z 0 0 t: 0 0 0 . t 0 0 13 0 00 LU Cc z 6 F- 0 a. � z LU u U) I �\ \ \ We A Applicant: Brian Winges, Comforts of Home Project: Comforts of Home Site Address: 2300/2310 Hazelwood Street Zoning: Business Commercial (BC) Land Use: High Multiple Dwelling Residential (R -3H) City Council Hearing Date: June 25, 2007 Project Description: Senior assisted living facility (42- units). Requests: The applicant is requesting an amendment to the design review conditions to allow for changes to the exterior of the building. The community design review board ordinance at Section 2- 285(c) states that no person shall revise a plan that the city council originally approved without its approval. Therefore, the changes in the exterior of the building must be approved by the city council. Recommendation: Adopt the Community Design Review Board recommended building elevation changes approved on June 12, 2007. MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Comforts of Home LOCATION: 2300/2310 Hazelwood Street DATE: June 15, 2007 for the June 18 City Council Meeting INTRODUCTION Background The Comforts of Home development is proposed for the southeast corner of Highway 36 and Hazelwood Street (the location of the vacant Auto Glass store and an electrical contractor's office). The project includes 42 assisted living, senior housing units. On June 12, 2006, the city council approved several land use requests for this development including a comprehensive land use plan change from business commercial to high density residential, a conditional use permit for a planned unit development, and design review. (Refer to the June 12, 2006, city council minutes and plans attached.) The Comforts of Homes development will have 42 private suites, a large kitchen, group dining /living /activity areas, and a beauty shop. Each suite has a private bathroom and a separate bedroom /living area. Some of the units would have kitchenettes. The facility will have 24 -hour, on -site home care and nursing staff. After city council approvals the applicant, Brian Winges of Comforts of Home, encountered some minor delays in the closing of the land, finalizing the financing, and wrapping up the detailed market studies. In addition, it was discovered that the cost of redeveloping the two properties from their existing uses to the proposed senior housing were more than expected. For these reasons the applicant has not begun development of the project, but would like to do so this summer. The applicant estimates that the construction of the building and site improvements will take approximately seven to eight months, which would bring completion of the project to January /February 2008. Request The applicant is requesting an amendment to the design review conditions to allow for changes to the exterior of the building. The community design review board ordinance at Section 2- 285(c) states that no person shall revise a plan that the city council originally approved without its approval. Therefore, the changes in the exterior of the building must be approved by the city council. DISCUSSION Original Elevations The original building elevations submitted in 2006 included a cultured stone wainscot with brick veneer above on the first floor of all elevations. The second floor included hardipanel board and batten vertical siding. The dormers on the roof were to be treated with hardishingles (Attachment 5). Revised Elevation The revised building elevations submitted in 2007 include a cultured stone wainscot with hardipanel above on the first floor of the front and one -half of the side elevations, and vinyl siding on the remaining first floor elevations. The second floor includes two tones of vinyl lap and vertical siding. The dormers on the roof are to be treated with simulated vinyl shingles. Rationale for Revised Elevation The applicant states in his attached correspondence that the changes will save approximately $150,000. They will allocate the savings to a second elevator for additional convenience to the residents and staff, commercial kitchen upgrades for greater flexibility in preparing meals, and mechanical system upgrades to provide better comfort for the residents. There are nine existing Comforts of Homes developed throughout the Twin Cities and western Wisconsin. One of the newest is in White Bear Lake. During the drafting of this memorandum city staff contacted the applicant and owner of Comforts of Home, Brian Winges, to discuss the exterior materials used on these facilities as a comparison. Mr. Winges states that a majority of the original facilities are one story. The first two - story Comforts of Home ever constructed was the White Bear Lake building. Mr. Winges allowed the architects to be creative in their design and use of exterior materials in the White Bear Lake and Maplewood buildings. However, once the White Bear Lake building was well into construction, they discovered that the cost of the additional brick veneer added $300,000 to the project, rather than the $150,000 estimate as specified in the correspondence included in the design review amendment request and mentioned above. The added expense is due to the fact that an extra course of foundation is required to support the brick. Mr. Winges states that they are learning what works and what doesn't work in a two - story assisted living facility from the White Bear Lake building. As an example, they have learned that they need a second staff elevator and staircase to assure that staff has the capability of servicing the second floor as efficiently as the first floor. They feel that the added expense of these amenities can be justified in the reduction of the brick from the exterior. This will ensure that the rates are affordable for the residents. From this experience, they are now proposing their three newest facilities in Columbia Heights, Cambridge, Elk River, and Little Canada with the modified exterior and interior plans. Staff Review of Revised Elevations While staff understands the cost restraints of redeveloping the Maplewood site, which has two existing businesses located on it, and the costs associated with the additional brick; it is also important for the city to ensure that whatever is redeveloped on the site is sustainable and aesthetically pleasing, particularly since this property is across the street from residential and was approved as a planned unit development which allowed flexibility from city codes for the development. For this reason, staff had recommended that the community design review board, in their review of the change, recommend that the building elevations be revised to include the removal of the brick veneer on all elevations as proposed, but that the remaining elevations remain as originally proposed with the hardipanel and hardishingle rather than the vinyl siding and shingles. Community Desian Review Board Review of Revised Elevations The community design review board reviewed the revised building elevations at the June 12, 2007, meeting (Attachment 7). In summary, the board sympathized with the rationale for the building elevation changes and felt that the removal of the brick and replacement of the hardipanel on the second floor with vinyl siding was a reasonable proposal. It was stated that vinyl siding is a product that is used throughout Maplewood on many of the residential properties and the maintenance of the siding shouldn't be an issue, particularly when it will be mostly applied to the second floor. RECOMMENDATION Approve the plans date - stamped March 27, 2006, the April 25, 2006, revised grading and drainage plans, tree preservation and landscape plans, and the revised May 30, 2007, building elevations and the revised floor plans submitted at the June 12, 2007, community design review board meeting for the 42 -unit, two - story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 230012310 Hazelwood Street). (Changes to the original conditions are underlined if added and stricken if deleted.) Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a. Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6 -foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. b. Revised landscape plan showing the following: 1) The Colorado blue spruce should be changed to Black Hills spruce. 2) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre- approved native seed mixtures. 3) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. 4) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). 5) Two additional sugar maple trees should be planted along Hazelwood Street. 6) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. 7) All disturbed areas must be established with turf. 8) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. C. Revised site plan which shows the following: 1) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. 2) Future sidewalk to be located along the entire Hazelwood Street frontage. 3) Walking trail to be located on the north side of the property, around the infiltration basin. d. Revised floor plans showing the expansion of the three outdoor patios if possible and the location of a second elevator e. Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). Watershed district approval. g. The color scheme approved for the building is the one showed on the rendered copy submitted to the board on June 12, 2007, and not the image shown on the screen. h.9- Building material samples. i.J;—. The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. L4.- A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. C. Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 5. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. 6. All work shall follow the approved plans. City staff may approve minor changes. p: \com- dev \sec10 \comforts of home \6 -12 -07 cdrb Attachments: 1. Applicant's Narrative 2. June 12, 2006, City Council Minutes 3. Location Map 4. Site Plan 5. 2006 Building Elevations 6. 2006 Floor Plans 7. June 12, 2007 C©RB Minutes 8. May 30, 2007 Building Elevations (Separate Handout) 9. June 12, 2007 Floor Plans (Separate Handout) May 29, 2007 To the City of Maplewood: Comforts of Home would like to make some changes to the exterior of our senior cominunity that will be constructed at 2300 Hazelwood in Maplewood. The changes will create a cost savings that can be passed on to the residents in the form of providing additional interior savings and reasonable rates. The original submittal last year was showing brick at the first level, cementeous siding (Hardi- 7' Z:� 4=1 Siding) on the second level and a two-tone beige color scheme. We are requesting that we substitute a cultured stone base in place of the brick on the front elevation with cementeous siding above at the first level. At the second level, we are requesting that we substitute vinyl siding in place the cementeous siding. We feel that having the vinyl siding at the second story will not affect the visual appearance because it will be up 1iig :_-h on the building, Also, Comforts of Home is changing some of the exterior color sections to bring warmer, richer colors into the color scheme. Please review the attached colored rendering of the building exterior showing the proposed changes. All of these changes are a cost savings estimated at $150,000. We will allocate this savings to a second elevator for additional convenience to the residents and staff, commercial kitchen upgrades for greater flexibility in preparing meals and mechanical system upgrades to provide better comfort for the residents. At Comforts of Home, our niche is trying to keep our rates more affordable than our competitors. Any savings we can create is passed on to our residents which helps them out financially and can enable them to live in our connitunities longer. We at CLP Development and Comforts of Home are very excited to have this new senior community in your city and we are excited about the new look and the new amenities. We will be available at the June 12, 2007 meeting to answer any questions and to further discuss this request. Thank you. Sincerely, b� Brian Witiges Comforts of Home 1245 Gun Club Road White Bear Lake, MN 55110 MINUTES MAPLEWOOD CITY COUNCIL Attachment 2 7:00 P.M. Monday, June 12, 2006 Gymnasium, Carver School 2680 Upper Afton Road Meeting No. 06 -15 K. UNFINISHED BUSINESS Comforts of Home Assisted Living Facility (2300 and 2310 Hazelwood Street) Land Use Plan Change (BC to R -3(H)) (4 votes) Conditional Use Permit for Planned Unit Development Design Approval a. Planner Finwall presented the report. b. Mark Paschke, Frisbee Architects, answered council questions. Commissioner Dierich presented the Planning Commission report. d. Boardmember Olson presented the Design Review Board report. Councilmember Cave moved to adopt the following resolution approving the proposed comprehensive land use change resolution. This resolution changes the land use plan from business commercial (BC) to high multiple dwelling residential (R -3H) for the properties at 2300 and 2310 Hazelwood Street: COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06 -06 -069 WHEREAS, Maplewood Comforts of Home, LLC, applied for a change to the city's land use plan from Business Commercial (BC) to High Multiple - Dwelling Residential (R -3H). WHEREAS, this change applies to the property at 2300 and 2310 Hazelwood Street in Maplewood, Minnesota. WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this change is as follows: 1. On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. 2. On June 12, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described change for the following reasons: City Council Meeting 06 -12 -06 1. This site is proper for and consistent with the city's policies for high - density residential use. This includes: a) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single- family housing, public- assisted housing and low- to moderate - income housing, and rental and owner - occupied housing. b) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. C) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. d) The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. e) It is located off an arterial street, on a collector. f) It is located near a park, open space, and wetlands. Seconded by Mayor Longrie Ayes -All Councilmember Cave moved to adopt the following resolution approving the conditional use permit for Comforts of Home Assisted Living Facility. This resolution authorizes a conditional use permit for a multiple dwelling planned unit development within the BC zoning district. The multiple dwelling development is a 42 -unit assisted living facility at 2300 and 2310 Hazelwood Street: CONDITIONAL USE PERMIT RESOLUTION 06 -06 -070 WHEREAS, Maplewood Comforts of Home, LLC, applied for a conditional use permit for a planned unit development to construct a 42 -unit, assisted living and memory care, facility within the Business Commercial zoning district for a development known as Comforts of Home. WHEREAS, this permit applies to the properties at 2300 and 2310 Hazelwood Street WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this conditional use permit is as follows: 1. On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. City Council Meeting 06 -12 -06 2. On June 12, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 2006, engineering plan review. 2. All construction shall follow the plans date - stamped March 27, 2006, and with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. 3. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound- deadening construction methods. 4. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). 5. The project is approved with a 359 square foot floor area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). 6. The project is approved with a 0.5 -foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9 -foot wide parking spaces are proposed). 7. All signs on the property must be approved by the community design review board. City Council Meeting 06 -12 -06 8. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one year. Seconded by Mayor Longrie Ayes -All Mayor Longrie moved to approve the plans date stamped March 27, 2006, and the April 25, 2006, revised grading and drainage, tree preservation and landscape plans for the 42 —unit, two - story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 2300/2310 Hazelwood Street). Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6 -foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. 2) Revised landscape plan showing the following a) The Colorado blue spruce should be changed to Black Hills spruce. b) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre- approved native seed mixtures. C) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. d) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). e) Two additional sugar maple trees should be planted along Hazelwood Street. f) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. g) All disturbed areas must be established with turf. h) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. 3) Revised site plan which shows the following: a) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. b) Future sidewalk to be located along the entire Hazelwood Street frontage. C) Walking trail to be located on the north side of the property, around the infiltration basin. 4) Revised floor plans showing the expansion of the three outdoor patios if possible. 5) Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). City Council Meeting 06 -12 -06 6) Watershed district approval. 7) Building material samples. 8) The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 9) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. 4) Install all required outdoor lighting. 5) Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above- required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. All work shall follow the approved plans. The director of community development may approve minor changes. 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IIII iul ul AIIIIIII iu IIII iu 11111111 it • IIII 5 111 IIII I � '° Q 0 1111111 11 NcrrFoxtbNSrxucirox A R C H I T E C T SR y t l S l 1 o R I - S - B - I E A R C H I T E C T SR I ` � I - o O O r z I b o . u I I y — II a o I � I I I� n� I �- o J `o I I >'I I I t lol I lol - I s o I I I u_ v I I - I r I II I I �� aW I II 3 ws I - I I I I I I I I I - - - - r I y t l ! 1 101 W '° o R I - S - B - I E A R C H I T E C T SR Attachment 7 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 12, 2007 IV. CALL TO ORDER Vice- Chairperson Olson called the meeting to order at 6:06 p.m. ROLL CALL Board member John Demko Present Vice - Chairperson Matt Ledvina Present until 7:21 p.m. Chairperson Linda Olson Present at 6:09 p.m. Board member Ananth Shankar Present Board member Matt Wise Present Staff Present: Shann Finwall Planner Lisa Kroll Recording Secretary APPROVAL OF AGENDA Board member Shankar moved to approve the agenda. - =*. $11111171541n, emyWYLTZ =207 "100111 Ayes — Demko, Ledvina, Shankar, Wise The motion passed. APPROVAL OF MINUTES Approval of the CDRB minutes for May 22, 2007. Board member Wise had a correction to the minutes on page 14, item J., fifth line, after the word side - loaded insert the word garage. Board member Shankar moved approval of the minutes of May 22, 2007, as amended. Board member Wise seconded. Ayes - -- Demko, Ledvina, Shankar, Wise The motion passed. V. VI. DESIGN REVIEW a. Comforts of Home Design Review Amendment — 230012310 Hazelwood Street Ms. Finwall said the Comforts of Home development is proposed for the southeast corner of Highway 36 and Hazelwood Street (the location of the vacant Auto Glass store and an electrical contractor's office). The project includes 42 assisted living, senior housing units. Community Design Review Board 2 Minutes 06 -12 -2007 On June 12, 2006, the city council approved several land use requests for this development including a comprehensive land use plan change from business commercial to high density residential, a conditional use permit for a planned unit development, and design review. The Comforts of Homes development will have 42 private suites, a large kitchen, group dining /living /activity areas, and a beauty shop. Each suite has a private bathroom and a separate bedroom /living area. Some of the units would have kitchenettes. The facility will have 24 -hour, on -site home care and nursing staff. After city council approvals the applicant, Brian Winges of Comforts of Home, encountered some minor delays in the closing of the land, finalizing of financing, and wrapping up the detailed market studies. In addition, it was discovered that the cost of redeveloping the two properties from their existing uses to the proposed senior housing were more than expected. For these reasons the applicant has not begun development of the project, but would like to do so this summer. The applicant estimates that the construction of the building and site improvements will take approximately seven to eight months, which would bring completion of the project to January /February 2008. Board member Shankar asked if he understood that the building would have cultured stone wainscoting on the lower half of the building, then hardisiding in a darker color, then hardisiding in a lighter color, and hardishingles at the top of the building? Ms. Finwall said that's what staff is recommending, however, Comforts of Home prefers to have the cultured brick wainscoting, then hardisiding on the first level in the dark color and vinyl siding on the upper level. Chairperson Olson said there is quite a price difference between vinyl siding and hardisiding. Board member Ledvina asked if staff was concerned about the durability of the vinyl siding? Homes built all the time with vinyl siding that seem to hold up fairly well. He asked if staff was concerned about the product life? It shouldn't be a maintenance issue because the vinyl siding will be on the upper level and won't be damaged. Ms. Finwall said in addition to durability, there is the issue of compatability with the hardi product and how that will look. As far as the durability issue goes, Board member Ledvina is correct, vinyl siding is durable, however, in a hail or windstorm vinyl siding has a higher chance of being destroyed or damaged compared to the hardi product in staff's opinion. Board member Ledvina asked if staff is concerned about the vinyl siding product looking wavy? Ms. Finwall said that is another concern of staff. Chairperson Olson asked the applicant to address the board. Mark Paschke, Frisbie Architects, 215 North 2nd Street, Suite 204, River Falls, Wisconsin, addressed the board. He said the vinyl siding they propose to use is roughly 50% of the cost of the hardi product. By using the vinyl siding on the upper portions of the building it would be further away and less noticeable with the change in building materials. Community Design Review Board 3 Minutes 06 -12 -2007 Mr. Paschke said he believes they have a very attractive building. Regarding hail damage, that would be an insurance issue to replace the siding. If you have further questions regarding the vinyl siding and durability, our siding rep is here to speak. He presented samples of the cultured stone wainscoting, shingle samples, paint samples, and accent colors to the board. Board member Shankar asked if they had a hardishingle sample? Mr. Paschke said he didn't have a sample of the hardi product with him. Board member Demko asked if the windows and doors were maintenance free? Mr. Paschke said yes. Board member Wise said he would like to hear the applicant's response to staff's recommendation to use the hardi product rather than using the vinyl product. He said he tends to rely on city staff regarding the products being used and how they blend or not blend together. Mr. Paschke said staff's comments were directed toward durability versus the aesthetic of the two building products. He believes they have a building design that would be complimentary using either the vinyl or the hardi product. Board member Demko asked what the life span would be for the vinyl siding versus the hardi product? Mr. Paschke said he would defer that question to the siding professional. Terry Gansmer, 9655 Newton Avenue South, Bloomington, representing the manufacturer of the vinyl siding product, addressed the board. Regarding durability, their company carries a lifetime warranty on the vinyl product. The vinyl siding is a heavy gauge (44 mill). Both the vinyl and hardi product are very durable and the vinyl siding has been proven to be a very good product. Chairperson Olson asked what color would be used on the building? Mr. Paschke said the color selection has not been made yet. Board member Ledvina asked if they propose to keep the cultured stone wainscoting on the lower half of the building? Mr. Paschke said yes. They would use the hardi product on the first floor elevation and then use the vinyl siding product on the second floor. The difference between the two building materials is, vinyl siding is maintenance free and the hardi product will need to be primed and refinished every 10 to 15 years. Board member Shankar asked what mill thickness they propose to use? Community Design Review Board 4 Minutes 06 -12 -2007 Mr. Gansmer said the Great Barrier siding which is the horizontal siding, is 0.44 mill thickness, the vinyl shingle product is .050 mill thickness, and the board and batton product is .046 mill thickness. Board member Shankar asked what mill thickness they are seeing used in new construction these days? Mr. Gansmer said they see vinyl siding with a mill thickness from 0.42 to 0.44. One of the issues with the vinyl siding product is the way the vinyl product is attached to the wall. When you use a thicker vinyl product it attaches to the wall better. There will be some waviness to the vinyl product but when you apply a heavier vinyl siding panel to the wall it will hold a straighter line and the appearance is going to be much nicer. Mr. Paschke said to help with the waviness of the vinyl product they will introduce a number of trim boards, they will change direction with the building products used will help minimize that. There will not be long spans of large windowless areas that would be susceptible to that waviness occurring. Chairperson Olson asked what colors they have chosen. She heard warmer colors were going to be used; the colors on the screen don't match what they show in the staff report. Mr. Paschke said the dark shaded areas in the picture will be a darker color. In the original design they had red brick wainscoting and then two shades of beige siding with white trim. The shake would be a darker color such as a shade of brown. Board member Ledvina said what the applicant has proposed is reasonable and he likes the cultured stone wainscoting on the lower part of the building and he supports the proposal. Board member Shankar said vinyl siding is a fairly durable product, especially if they use it on the upper level. He prefers the colors that were in the photos in the staff report compared to the photos on the screen. Board member wise agreed. Regarding the vinyl siding, being that this is an assisted living building, vinyl siding is more reasonably priced if it would ever need to be replaced down the road compared to having to replace the hardi product siding. Board member Demko said the building is attractive, and he has no problem with the use of the vinyl siding product. Chairperson Olson said the vinyl siding product is fine, she is sorry the hardi product won't be used but she knows there is quite a bit of difference in price. This will be a nice building even if they use the vinyl siding product and it will not negatively impact the neighborhood. Ms. Finwall said she wanted to point out that the applicant is proposing to use vinyl siding on half of the sides of the buildings and on the east side of the building facing the pond. The front building elevation will have hardi product on the first level and vinyl on the second level. Board member Shankar said the drawings in the staff report are marked south and north. The north facing is really the east side and the south facing is really the west side. Community Design Review Board 5 Minutes 06 -12 -2007 Ms. Finwall said correct. Board member Ledvina said he is still fine with the plan even if they are using the vinyl product on those elevations. Board member Shankar moved to approve the plans date - stamped March 27, 2006, the April 25, 2006, revised grading and drainage plans, tree preservation and landscape plans, and the revised May 30, 2007, building elevations for the 42 -unit, two- story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 230012310 Hazelwood Street). (Changes to the original conditions are underlined if added and stricken if deleted.) Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a. Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6 -foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. b. Revised landscape plan showing the following: 1) The Colorado blue spruce should be changed to Black Hills spruce. 2) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre - approved native seed mixtures. 3) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. 4) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). 5) Two additional sugar maple trees should be planted along Hazelwood Street. 6) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. 7) All disturbed areas must be established with turf. Community Design Review Board 6 Minutes 06 -12 -2007 8) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 -30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. C. Revised site plan which shows the following: 1) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. 2) Future sidewalk to be located along the entire Hazelwood Street frontage. 3) Walking trail to be located on the north side of the property, around the infiltration basin. d. Revised floor plans showing the expansion of the three outdoor patios if possible and the location of a second elevator e. Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). f. Watershed district approval. �r_ rtrr_ �:■: �tt�trr. ���n��nrsa� :r_�����■ NIN 11 ! I II I i s •• ii. • •• • " • i i "• • •" "i •• i "i h. Building material samples. I. The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. j. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. C. Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. Community Design Review Board 7 Minutes 06 -12 -2007 e. Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 5. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. 6. All work shall follow the approved plans. City staff may approve minor changes. Board member Demko seconded. Ayes — Demko, Ledvina, Olson, Shankar, Wise Agenda Item K2 TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Mapletree Group Home LOCATION: 2831 Southlawn Drive DATE: June 18, 2007 INTRODUCTION The conditional use permit (CUP) for a group home located at 2831 Southlawn Drive is due for review. Mr. Jon Brandt, representing the Mapletree Group Home, opened a group home for up to 12 residents in an existing duplex. (See the maps on pages four and five.) State law allows Mapletree (and all group homes) to have up to six residents living in the group home without city approval. To have more than six residents in the home, the city had to approve a CUP for the property. BACKGROUND On December 13, 2004, the city council approved a conditional use permit for the Mapletree Group Home at 2831 Southlawn Drive. This CUP was subject to five conditions of approval. (See the city council minutes starting on page six.) On May 25, 2005, city staff and the city council held a neighborhood meeting to share information about the group home, including a review of its operations. On November 30, 2005, city staff and the city council held a second neighborhood meeting about the group home. This meeting was to review the operations of the group home, to review the conditional use permit and to discuss any police calls, concerns or other activities related to the group home. (Please see the minutes from this meeting starting on page nine.) On January 23, 2006, the city council reviewed the conditional use permit for this property. The council, after review and discussion, took no action to change the existing permit. (See the minutes on pages 12 and 13.) On April 24, 2006, the city council reviewed the conditional use permit for this property. The city council decided to let the CUP stand "as is" with the current language and conditions of approval. (See the minutes on page 14.) DISCUSSION Mr. Brandt and the group home are meeting all the conditions of approval as set by the city council in 2004. Staff is not aware of any major issues or problems with the group home or with its operations, and I have not received any complaints from any of the neighbors in the last year about the facility. Mr. Brandt submitted a letter to staff outlining the recent history of the facility. This letter gives a nice overview of the last 17 months of activities at Mapletree. (Please see his letter on page 15.) Lt. Rabbett of the Maplewood Police Department reviewed the police calls to the property for the time period of January 1, 2006, to June 1, 2007. He noted that the police department has nine case numbers associated with Mapletree for 2006. They included (the 2006 police reports are attached): 1. Five administrative (confidential inter - agency information regarding juveniles) 2. One runaway 3. Two alarm 4. One warrant arrest Lt. Rabbett noted that the one arrest in 2006 was for an out of county agency. For 2007, Lt. Rabbett noted that the city has five case numbers so far. They include (the 2007 police reports are attached): 1. Three administrative (confidential inter - agency information regarding juveniles) 2. One animal complaint 3. One runaway /probation violation from Anoka County Based on the history of the recent police calls to the facility, it is the opinion of city staff that the group home is meeting the purpose and intent of Condition Five as adopted by the city council in 2004. City staff is not aware of any reason to change or revise any of the conditions of approval for this permit. RECOMMENDATION Review the conditional use permit (CUP) for the Mapletree Group Home at 2831 Southlawn Drive again in one year or immediately if there are two criminal offenses related to the facility or to its residents. 2 REFERENCE SITE DESCRIPTION Site size: 13,068 square feet (0.30 acres) Existing Land Use: double dwelling SURROUNDING LAND USES North: Houses on Southlawn Drive East: Double dwellings across Southlawn Drive South: Houses on Southlawn Drive West: Future Mapletree townhouse site CRITERIA FOR CUP APPROVAL Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1 -9 in the resolution in the minutes on pages seven and eight.) PLANNING Existing Land Use Plan designation: R -3(M) (medium - density residential) Existing Zoning: R -2 (single or double dwellings) P:sec3 \maple tree CUP review 2007 #2te Attachments: 1. Location map 2. Address map 3. 12 -13 -04 city council minutes 4. 11 -30 -05 neighborhood meeting minutes 5. 01 -23 -06 city council minutes 6. 04 -24 -06 city council minutes 7. 06 -12 -07 letter from Jon Brandt of Mapletree 8. Mapletree Police Reports 2006 9. Mapletree Police Reports 2007 ° Attachment 1 }o � � v o � of ST! JOHN'S BLVD uv uw M1 -, -AV€ M v v xx. x, x ,xx x ,x, x x v.vuvuv . w uv uvwv v uv v . w uv , uwv uvv uvv. -- ----- - ... OMNI . 0 } } Location Map 2831 Southlawn f Mapletree Group Home ` N -41 .... ....... ....... . ....... .. 'IS Bank ■ ■ ■ Att' hrbent 2 N, w. BEA14 AVE - Outback LO CP E:l co 26381 S ........ ------------ Outback M 27r8 .............. t 764 Address Map 2831 Southlawn Mapletree Group Home N E:l 26381 ........ 2 839 ------------- - - ................. . ............ .............. . ............... . ........... LO cn LO LO LO 3 U)! 2�30 ---- rl_ co cc 00 00 .......... RADATZ AVE -- ---- 0 co co f-0 co 2 12i CO . ............. 28 ................. M 27r8 .............. t 764 Address Map 2831 Southlawn Mapletree Group Home N Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 13, 2004 Council Chambers, City Hall Meeting No. 04 -28 0 C N CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Cardinal asked all residents to remember all those who are serving the country over the Holiday Season. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councihnember Present NEW BUSINESS 4. Conditional Use Permit — Maple Tree Group Home (2831 Southlawn Drive) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. b. Commissioner Ahlness provided the Planning Commission report. C. John Brandt, the applicant provided further specifics. d. The following person was heard: Mick Manders, 2804 Southlawn Drive, Maplewood Councilmember Juenemann moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Rossbach Ayes -All Councilmember Rossbach moved to adopt the following; resolution approving a CUP for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive: City Council Meeting 12 -13 -04 CONDITIONAL USE PERMIT RESOLUTION 04 -12 -222 MAPLETREE GROUP HOME WHEREAS, Mr. Jon Brandt, representing the Mapletree Group Home, is requesting that Maplewood approve a conditional use permit to have up to 12 residents live in the residential facility (group home) on the property at 2831 Southlawn Drive. WHEREAS, this permit applies to the property at 2831 Southlawn Drive. The legal description is: The south 96 feet of the north 636 feet of the east 158 feet of the SE1 /4 of Section 3, Township 29, Range 22, Ramsey County. (PIN 03- 29 -22 -41 -0415) WHEREAS, this history of this conditional use permit is as follows: 1. On November 15, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny this permit. 2. On December 13, 2004, the city council discussed this request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 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. City Council M7eting 12 -13 -04 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. The owner or operator of the facility doing the following: a. Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b. There shall be no more than 12 residents living in the facility at any time. C. Have the night awake staff in -place before adding any more residents or sooner, if required by other licensing agencies. d. Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e. Having an annual open house for the neighbors of the facility. f Make all the corrections /additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4. The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. 5. The city council shall review this permit in one year or immediately if there are two criminal offenses related to the facility or to its residents. Seconded by Councilmember Monahan -Junek Ayes- Councilmembers Juenemann, Monahan -Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen City Council Mgeting 12 -13 -04 Attachment 4 MAPLETREE GROUP HOME MEETING NOTES NOVEMBER 30, 2005 6PM Councilmember Will Rossbach convened the meeting at 6 pm. Staff present included, Assistant City Manager, Melinda Coleman, Chief Thomalla and Lt. Rabbett. Mayor - elect Diana Longrie and Councilmember elect Erik Hjelle were also present. Mr. Rossbach welcomed everyone and indicated that the purpose the meeting was to hear about impacts of the increased size group home to the neighborhood since May. He indicated that he was aware of 4 police calls this year; 2 of them were highly visible and as he understood it related to other jurisdictions picking up individuals with parole violations. Chad Zwickey, a renter of Mr. Brandt's apartment and former group home resident stated that the boys are always respectful to him and his fiance. Ben Jackson and Deb Mielke are members of the advisory committee. They indicated that they had a meeting and and invited a parole officer to speak and share information about how the court and follow up system works. They also indicated that they could be called at any time about activities or concerns with the group home and they would contact Mr. Brandt. Comment. Notice more kids on the street this past few months. Black camero racing down the street several times on the second Thursday in November. Answer: This was a former Mapletree resident visiting and showing his car. Staff will talk to him. Question: Can residents come and go as they please? Answer: Residents can not leave without permission from staff. Comment: Notice an increase of foot traffic on the street. Has had to ask boys to move out of the way on the street. Boys are also hanging out behind the US Bank. Answer: The boys walk Cody to the field over by the bank. Question: Can the residents bring girls to the facility? Answer: The residents can have visitors. Question: Are the kids on probation? Answer: Most are, some are not. They may be on probation just as any other child living or attending schools in Maplewood. Comment: The boys at Mapletree are kids that can't live at home. Response: Judges evaluate and decide what boys are deemed appropriate to live in an independent living situation such as Mapletree. Question: Please explain why Mapletree's web site states that it is a "high risk" facility? Answer: It was explained that the boys here may have many different behaviors or mental health issues, could be suicidal or run - aways. These boys need a higher level of supervision and Mapletree is staff with 24 hour supervision. Residents should call Mapletree if they see boys out un- supervised. Question: How many boys are there? Answer: 9 Comment: The new construction project behind Mapletree has been vandalized 3 times. There are concerns about who is doing this. Question: Could the police dept explain the activity with the various incidences of squads at the group home. Response: Lt Rabbett responded: There were three calls for service during the year to the address. One was a missing person report that was unfounded since the person was at a school sponsored activity. One was a suspicious activity report that was unfounded, and one was an assist other agency where a person was picked up on a probation violation for Dakota County. In addition, an investigation into theft at the Maplewood Mall led to an arrest at the group home. Comment: Mr. Brandt indicated that when the boys go to court appearances, or comet to visit Mapletree from a correctional facility, they are sometimes transported by the County Sheriff's department. It is standard protocol to use hand cuffs. Question: We need to have a clarification of what constitutes a police call, with regards to the conditional use permit. Response: It was noted that this should be clarified when the CUP is reviewed in January of 06. Question: How does this group home differ from the group home in St Paul, the Arlington and Brown facilities? Answer: These are short term shelters and do not have the screening process that Mapletree residents go through. They often will have high risk behavior residents. Brown House is a residential treatment facility. Question: What is the success rate of residents at Mapletree? Answer: Very few residents have been kicked out of the program; all most of the boys get diplomas and/or make the transition to independent living. Question: How many counselors are on staff? Answer: In the morning, while the boys are at school, there is a single staff person. In the afternoon there are 2 -3 and over the 24 hour period will be 1- 5 staff. Comment: Please accept a standing invitation to visit the home at any time to check out the boys and activities that they are involved in. Comment: With double the number of kids, double the risk to the neighborhood. Comment: Kids are hanging out at Chad's apt. (next door). Cody is still running loose through the neighborhood. Caused their dog to break through a screen door. Mr. Brandt will not pay for the repairs. Note- staff has heard that this has changed and that Mr. Brandt has agreed to pay for the damaged screen. Comment: Concern with increase of vehicle traffic. Not concerned about the boys but the concerned about girls with the Mapletree boys. Question: What is the curfew for the boys? Answer: Generally before bedtime: 10 pm weeknights and midnight on weekends. Question: Is Mapletree just for Ramsey County residents? Answer: No, residents can come from anywhere in Minnesota. Council member Rossbach summarized what he heard from comments, etc. Increase in vehicle and pedestrian traffic, more people and activity in the neighborhood. Dog is still an issue. Varying views were shared on the level of concern with overall Mapletree operations and number of boys. Need a better definition of what constitutes a criminal offense at the facility. Need to learn how to share information better on why squads are presents or explanations of other activities. It was also noted that the Resident Advisory Committee plans to meet every 6 months. Concerns can be addressed with them at any time. More information sharing is a positive way to help everyone understand the operations and increase comfort levels with Mapletree residents. It was pointed out that the CUP would be reviewed in January of 06 and that residents would be notified by mail of the meeting date and time. Submitted by Melinda Coleman, Assistant City Manager P: Sec. 3 Mapletreeminutes. 11. 30.05 W 0 A Cei MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, January 23, 2006 Council Chambers, City Hall Meeting No. 06 -02 CALL TO ORDER Attachment 5 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:02 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present David Bartol, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present NEW BUSINESS 4. Conditional Use Permit Review — Mapletree Group Home (2831 Southlawn Drive) a. City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. Mayor Longrie moved to accept the staff report. Seconded by Councilmember Rossbach Ayes -All C. John Brandt, the applicant, was present for council questions. d. The following persons were heard: Mick Manders, 2804 Southlawn, Maplewood Bob Zick, 2331 Penn Place, North St. Paul Stacey Walsh, 1876 Deter Street, Maplewood Earl Stienbrien, 1795 Radatz, Maplewood Nicole Zuk, 2799 Southlawn Drive, Maplewood Richard McKane, 1825 Radatz, Maplewood Councilmember Rossbach moved to adopt the resolution approving the conditional use permit for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive and to adopt staff's recommendation on the definition of criminal offense relating to activity occurring at the group home directly involving a group home resident. Seconded by Councilmember Juenemann Ayes - Councilmembers Juenemann and Rossbach Nays -Mayor Longrie, Councilmembers Bartol and Hjelle City Council Meeting 01 -23 -06 Motion Failed Mayor Longrie: The Group Homes existence has shown that it does and has changed the character of the surrounding area and the neighbors have demonstrated, through their testimony, how it has changed their lives. Because this is a special activity in this group home that involves criminal activity, she is uncomfortable with the language that was discussed in the CUP. The amount of staff time expended on the property (including Police and Fire) is greater than the normal CUP or any CUP the city has issued. Councilmember Hjelle: The increased concerns for the community does not warrant the increase of residents for economic reasons Councilmember Bartol: • The neighbors are opposed to the increase in residents, as is the Planning Commission. • With 12 residents, the property now becomes a business as opposed to a residential property. 13 City Council Meeting 01 -23 -06 MINUTES Attachment 6 MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, April 24, 2006 Council Chambers, City Hall Meeting No. 06 -12 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:02 P.M. by Mayor Longrie. C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present 1. PUBLIC HEARINGS 7:00 p.m. Conditional Use Permit Review or Revocation — Mapletree Group Home (2831 Southlawn Drive) a. Planner Roberts presented the report. b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Jon Brandt, Owner of Mapletree Group Home Stacey Walsh, 1876 Dieter Street, Maplewood (submitted a petition to the City Clerk) Deborah Mielke, 2796 Southlawn, Maplewood Nicole Zuk, 2799 Southlawn, Maplewood Mick Manders, 2804 Southlawn, Maplewood Stacey Walsh, 1876 Dieter Street, Maplewood Ben Jackson, 2796 Southlawn, Maplewood C. Mayor Longrie closed the public hearing. Councilmember Rossbach moved staff's recommendation with the staff's recommended change of language on condition 5. Seconded by Councilmember Juenemann Ayes- Councilmembers Juenemann and Rossbach Nays -Mayor Longrie, Councilmembers Cave and Hjelle 11• 41 -s Mayor Longrie moved to let the CUP stand "as is" with the current language, and reiterated that the CUP is NOT revoked. Seconded by Councilmember Hjelle Ayes-All April 24, 2006 City Council Meeting U.. M UT ILL 1 Mapletree 651 - 777 -7722 2831 Southlawn Drive, Maplewood, MN 55109 -1146 Fax: 651- 748 -1284 www.mapietree.org Jon Brandt, MSW jonbrandt @aol.com Director June 12, 2007 To: Ken Roberts Maplewood Community Development From: Jon Brandt, Director Mapletree It's my understanding that Mapletree's conditional use permit (CUP) is scheduled to be reviewed at the city council meeting on June 25, 2007. It is my belief that we are in full compliance with all conditions of the CUP, with an overall positive community impact. One measure of community impact has been the amount of contact with law enforcement regarding the boys in our care. Mapletree continues to maintain a responsible level of coordination and communication with the Maplewood Police Department. Law enforcement involvement with boys at our program continues to be among the lowest in the state. The last meeting of the Mapletree Community Advisory Board was on May 3, 2007. CAB members include: Lt. Kevin Rabbett (Maplewood PD), Mr. Steve Taylor (North High School), Mr. Ben Jackson (neighbor), Dr. Deb Mielke (neighbor), and a representative from our Board of Directors. We are interested in having additional CAB members that support our mission. The following information was presented at the last CAB meeting (updated to 6112107): Review of the last 17 months (since January 1, 2006) Counties Served: (13) Anoka, Cottonwood, Crow Wing, Dakota, Dodge, Hennepin, Mille Lacs, Olmstead, Pierce (WI), Pine, Scott, St. Croix (WI), Washington Number of boys in placement (census) on January 1, 2006: 9 Number of referrals: 41 Number of boys accepted: 13 Number of boys discharged: 13 Shortest Placement: 14 days Longest Placement: 20 months Licensed Capacity: 12 Peak Census: 10 Lowest Census: 6 Current census (6/12/07): 9 Number of Staff (FT &PT): 14 We will have representatives from our program at the council meeting and will be glad to answer any questions from the city council and staff. As always, we extend an invitation to city staff and council members to visit our program, met our staff and talk with some of our boys, to learn more about Mapletree and the importance of our mission. Maplewood Police Department CN Detail Report Attachment 8 PUBLIC REPORT CN Detail for 06-023388 Incident: 98120 PR!%,/ATE- CAS"A Locatjcn* ?831 SOU T'-iLAWN Lccale� Call Date: 6 Occur Date: Source OccurTime: Time Sent: Caller information N Name; EDP Address: Time Cteared: f7j Phone: SectorlGrid: N2 3 Disposition: Re--urt Received Priority: 6 Time Received: CG 1: Source P�'O'qe Time Sent: Fire/Arab: N Time Arrived: EDP Time Cteared: f7j Alarm: EC C Console: 56 Informa reqjested by: f1832` 1 'Prinled at 1061 1 "18202,7 8)202 1 " 00, 5- 3 PUBLIC REPORT CN Detail for 06-022151 Incident* 982 �RIVA DA Location: - SCUTH'_AWN DR Locale: MAPLEVVOCO RD Call Date: 00:u7:24 Occur Date: Source: OccurTime: 0 0: 1 7 , 00 Caller information Name: EDP: Address; Time Cleared: 00. rjg.5 Phone: SectorlGrid: N2 37 Disposition: Report Roceiveri Priority E Time Received; nl�'V 24 Source: w any Time Sent: OM'j,46 F ireJArn b: Time Arrived: EDP: Time Cleared: 00. rjg.5 Alarm: ECC Console 5 7 infcrn recuested LNy: (/83�) at�Oe!'. Maplewood Police Department CN Detail Report tricident: 99 5 NOT FiCATiON Locatiow 2V- I SOU T1-LAWN DR Locale: Sector/ Grid: Call Dater C1 C3:0 19 Disposition: Occur Date. 11" 1 8 "' - � 1 Priority: 3 Time Received: OccurTime: 0101:CC Source: Picne Time Sent. Caller i nfo rm ation FirelArnb: Time Arrived: Name: EDP: Time Cleared: Address. Alarm: ECC Console: Phone: 11111111Ml M I Prirted 1:04 4l lrfcrma�,on reauested bv: (-,8321 NAMES= PUBLIC REPORT CN Detail for 06-012a73 1820 PRIVATE DA 2831 SOUTH-AYVIN RR MAPLEtN00C PC �7i'lg12OH 4 '7120t22 '1i37 Sec toil Grid* N2 3 7 Disposition: Report Rece'vec Priority: 6 Time Received: 34 MA8 Source; 7Irone Time Sent: FiretAmb. N Time Arrived� EDP,* Time Cleared: Alarm ECC Console: Informa,"Oq requesfed "N, (7832) P!;nted al.,06> 8f2(' 07 1 1 '9 29 Maplewood Police Department CN Detail Report PUBLIC REPORT CA for 06-007007 - G' CRIMES AGANS PERSON NVES r[GATE-ASS;GNED' 2631 SOUT�41-AOJN — )R war mar "�u�S 7'45t'G SectorlGrid. N2 - 17 Dispositiom Re-Port Rerp.vea Priority: 2 Source: Phone Fire(Amb: N EDP Alarm. Time Received 16: C" & 3,6' Time Sent: 18:08:54 Time Arrived: Time Cleared: ECC Console: +<— Do�� Informa tion requested by: (7832) 1 Printed at:�261"iW2M 11 C)3 I,' Maplewood Police Department PUBLIC F Pepotlfng Ufficci Tran. icseph "Nam". od 2ociv!Onetusioess 4 of x cider?, 2 8,31 S C U T H LAV'VN L) R MAPLEVVCOD, MIN '3�ncndary Office" MAPLEWCCID MN 5,5109 Parent/Guardian (Restrielled) PUBLIC NARRATIVE JLivenile cornolaint report. 4 4-vL Maplewood Police Department CN Detail Report CN 0( - f r '6-022891 I ncident: 4 ASS-ASS;ST FIRE.IAMOULANCE Location: 263', SCUTHLAWN Cif Locale: Sector/Grid: N2 37 Call Care 121l 9/2006 09:17,56 Disposition: Alaml can. Owner-Alafro Co Occur Oatc' '2� 1 . V n Priority: n Time Receivecl: 0911 56 OccurTime: oq 1 7 Source. Pone Time Sent: Caller information Fire(Amlpa N Time Arrived; Name: EOP: Time Cleared: 'D&;* 9:4 Address* Alarm: ECC Console'. Phone� 4 14 r ol info re by: (78321, Pr;nted at:061 1 8/2CO 1117 46 Maplewood Police Department PUBLIC 06001014 M Pagn Late arld Trno of Berm? 0 1/19/2006 02,18, 00 so P Officer. JohnFon, Kevin Nlame of !ocati,-, of im;,rdent: 2831 SOUTH LAI OR rIV M 551"19 Ser000larl , apartmq cfficer Disrf7ut: N2 Date & time of occurrence, C' /1912001502 to 0 *8 00 cffense Arrest Marie Pursue engaged He S"'.vince vrcrwi tered MAPL E-WOOF) MN 55109 PUBLIC NARRATIVE responced to a fire alarm an no problern was fount - - - - - - - - - - - - Uwe (JUVENILE) -Date & "le 0 (afrcsf: 01f1l D/2006 15:30 O-ccking date 0 1 1 10/2006 Arrest Status B oo K e d E rgt. 17:19 Arrost crane oncrew: Yes 600king 4 Arrest made on warrant or Previous CN Warract number J004502 CP'Ghnatin7 , 3,encY Mille Lacs Ccuntj NAMES Arrestee (Restricted) KNOWN Parent[Guardian fRestricted) PUBLIC NARRATIVE Respbnded to 2831 Southlawo for a warran+ detaiLOne juvehile male wresthed, Attachment 9 � ilill NOR 1 1111 1 III�III�Ii 1111111 1 111111 11111111111' 111 EBE��� PUBLIC REPORT Chi Detail for 07-003992 9,52C PRNA7E OA7A 2,93 -' OR V VPD Q 2D 24:28 2 0 2 ;()7 3C Sector/Grid, N2 -11 Disposition: Report Received Priority'. Time Received: 0 i 2 4'- 2 8 Source: rrcr, Time Sent. FireiAmb: Time Arrived: EDP: Time Cleared: 20'24 28 Alarm: FCC Corsofe: 56 H�o(ma6o requested by. PrIn'ted at: 06/1'�IJ2 ' 7156 ' 5 MME� PUBLIC REPORT CN Detpill fnr 07-002351 ;)82 PRINIATP DATA 2B31 50 OR . 7,7,'QI9, 1 8 , 1 1 :55 Sector,'Grids N 37 Dispositiow Repoi Received Priorit)c i3 Time Received: 18 115_; Source; Plione Time Sent: Fire/Arnie.. Time Arrived: EDP, Time Cleared; €2,' Alarm: ECC console; z6 itnfom reqjested by` (7832) 1 Pr':nted at,01 12.5&36 CN Detail Report PUBLIC REPORT CN Detail for 07-OC Occur Date: 01 � Priority: 6 Time Received, . 7Af3,'Z OccurTime: Source: pnore Ttme Sent 1 :4;9 Caller information HWAmb IN Time Arrived: Name EDP. Time Cleared. 17,�C:52 Address: Alarm-, ECC Console: Phone: ln requested by '7832 Pr'n'ed at:06i'181 "10:59 Maplewood Police Departmeht CN Detail Report MERE031= Incident: I =8 ANIMAL CALIS�COVPLAIN7S,NCTANIVAL BITIES Locatiow 2853` SCUTHLAVVN OR Locale: NIAPLETREE GROUT 1 Sectcr/Grid; N2 all Date EI'23�ZZ07 C�: '8:32 Disposition: As� w,,t qr: Acv'se Occur Date, ,1,'2'3 Priority: 5 Time Received 18: �2 OccurTime: '.9 18:32 Source Pr cne Time Sent: Caller Information Fire/Amb: N Time Arrived. Name: E Dp: Time Cleared: Address: Alarm: ECC Console 56 Phone: lfforma'iorl re nested by 17 832) I %, 1 Fr t e d EST_ ST DWe &,ilt Naele (JUVENILE Of -;jTeS` 02128/20D7 16:26 occk'rly (YA!e �2/281`20 7 Arres,'Slatus Juvenile deen',jen 000kir,v lime 17,58 Atr8al n1de ott wow. Yes RonP rg # AfYPSV MAde ii varrant wr revicus Worraonwru�er onqillating a;enC/ Anoka Cdurty Sherffs Department --------------------- Arrestee (Restricted) KNOWN Parent/ Guardian Restricted) PUBLIC NARRATIVE Juveniie nale arrested for probation viblatibri-felony theft ard booked at Anoka County JDC. CN Detail for 07-010"4 ......... . Sector/ rid:: N7 37 Disposition: Defect Maur, 3ro-, secure Priority*. 2 Time Received: 6, 5;z Source: PI=8 Time Sent: :5 a6 5irelAmb N Time Arrived: �:69:08 EM Time Cleared: 1 2,0 Alarm: A ECC Console: 5S informa'; on requested by (7832) 9 Pr riled a 06/1 8!2A7 "I '," 55 1 Agenda Item K3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Lower Afton Road Trail Improvements (McKnight to Century), City Project 03- 29, Approve Cooperative Agreement with Ramsey County DATE: June 14, 2007 INTRODUCTION Residents in south Maplewood have been concerned with pedestrian and biking safety along Lower Afton Road. They submitted a petition in 2003 requesting that a trail be put in. In response to this petition the City Council directed a project with Ramsey County to investigate the feasibility of a joint project to install a trail along this alignment. The 2006 Legislature approved bonding funds for this project and on August 14, 2006 approval was given by the Maplewood City Council to proceed with the improvement. Background Attached is the agenda report from the August 14, 2006 city council meeting which includes the 2003 petition from 140 residents of South Maplewood requesting consideration of a trail along Lower Afton Road. County engineering staff has estimated that the cost of a trail along this corridor would be approximately $650,000. State bonding will cover $321,000 of the cost, with the remainder on a 50 -50 cost split with Ramsey County. Maplewood's share of the project is not to exceed $100,000 and would be eligible for reimbursement from Municipal State Aid Street (MSAS) funds. Budget Impact On August 14, 2006, the council authorized the finance director to create a fund in the amount of $100,000 with the intent of making payment to Ramsey County. RECOMMENDATION It is recommended that council approve the cooperative agreement between Ramsey County and the City of Maplewood for the Lower Afton Road Trail Improvements (McKnight to Century), Project 03 -29. Attachment: 1. Cooperative Agreement 2. August 14, 2006 Agenda Report Agreement PW 2007 -07 RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MAPLEWOOD Lower Afton Road Trail from Century Avenue to McKnight Road M.S.A.P. 130 -020 -033 Attachments: Engineers Estimate Estimated Amount Receivable from City of Maplewood Municipal State Aid Funds: Trail $100,000.00 THIS AGREEMENT, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County "; WITNESSETH: WHEREAS, the City and the County desire to reconstruct a Trail along the north side of Lower Afton Road between Century Avenue and McKnight Road; and WHEREAS, Lower Afton Road Trail is in the City of Maplewood; and WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible, practical, and technically proper to provide for the Lower Afton Road Trail construction; and WHEREAS, the County has prepared or will prepare the necessary designs, plans, specifications, estimates, proposals and approvals in accordance with funding requirements to take bids for this project; and WHEREAS, this project has been designated as eligible for MSA funds reimbursement as M.S.A.P. 130 -020 -033; and WHEREAS, plans for this project provide for the construction and alignment of the Lower Afton Road Trail located in existing Public Right of Way, Battle Creek Regional County Park and Ramsey County Corrections property; and PW 2007 -07 1 of 4 WHEREAS, plans for this project M.S.A.P. 130 -020 -033 show proposed construction, alignment, profiles, grades, and cross - sections for the improvement of the Lower Afton Trail; and WHEREAS, the project includes, in addition to other things, grading, bituminous paving, retaining walls, minor concrete curb and gutter, storm sewers and erosion control; and WHEREAS, the County will take bids for the project, prepare an abstract of bids and cost participation summary, request the City's concurrence to award a contract, award a contract and pay the contractor as identified for the project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. Prior to County award of a contract, the County shall first receive concurrence from the City for award of the contract to the lowest responsible bidder. 2. Upon award of a construction contract the County shall perform the construction inspection. 3. Ramsey County Parks and Recreation will provide all maintenance activities on the Lower Afton Road Trail. 4. All City owned rights of way and easements within the limits of the project for roads, utilities and stormwater are hereby granted to the County for project use during construction. 5. The estimated construction cost of items is $755,000.00. The costs will be paid by a combination of Municipal State Aid Highway funds, State of Minnesota Grant, and Ramsey County Solid Waste fund. 6. The County and City shall participate in the costs of construction as follows: • Maplewood - Municipal State Aid Highway funds $100,000 • State of Minnesota funds — State Grant $321,000 • Ramsey County Solid Waste fund $334,000 7. The City of Maplewood's participation in the amount of $100,000 will be a lump sum in an amount not to exceed. 8. Upon completion of the project, the County shall own and maintain the storm sewer catch basins, leads and culverts on its County roads and County Park and Corrections property. 9. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. 10. The County shall pay 100% of the design and construction engineering costs associated with the project. PW 2007 -07 2 of 4 11. The City and County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this Agreement or for damages caused to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each party by the terms of this Agreement. Nothing herein shall constitute a waiver by either party of the limits or liability provided by Minnesota Statutes, Chapter 466 or other applicable law. 12. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. 13. Preliminary plans reviewed at the City public hearing and final plans and specifications are hereby in all things approved. 14. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the County: Ramsey County 1425 Paul Kirkwold Drive Arden Hills, MN 55112 PW 2007 -07 3 of 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF MAPLEWOOD By Its By Its Date Approved as to Form City Attorney THE COUNTY OF RAMSEY Chair Board of County Commissioners Attest: Chief Clerk - County Board Date Approved as to Form: Assistant County Attorney Recommended for Approval: Kenneth G. Haider, P.E. Public Works Director and County Engineer PW 2007 -07 4 of 4 Report from 8114106 City Council Meeting AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Lower Afton Road Trail Improvements (McKnight to Century), City Project 03- 29, Authorize Joint Project with Ramsey County DATE: August 4, 2006 INTRODUCTION Residents along Lower Afton Road have been concerned with pedestrian and biking safety along Lower Afton Road. They submitted a petition in 2003. In response to this petition the City Council directed a project with Ramsey County to investigate the feasibility of a joint project to install a trail along this alignment. The 2006 Legislature approved bonding funds for this project. Approval to proceed with the improvement is requested. Background Attached is the petition from 140 residents of South Maplewood requesting consideration of a trail along Lower Afton Road from 2003. County engineering staff has estimated that the cost of a trail along this corridor would cost approximately $650,000. State bonding will cover $321,000 of the cost with the remainder on a 50 -50 cost split with Ramsey County. Maplewood's share of the project would be in the $100,000 range and would be eligible for reimbursement from Municipal State Aid Street (MSAS) funds, although this fund has been used to finance the Mall Area Traffic Improvements. It is likely that a bond for future MSAS proceeds will be needed and this $100,000 expenditure could be added to that bond cost and proceeds. RECOMMENDATION Staff recommends that the city council approve a motion authorizing a joint project for the Lower Afton Road Trail Improvements (McKnight to Century), Project 03 -29, and authorize the finance director to create a fund in the amount of $100,000 with the intent of making payment to Ramsey County. Attachment: 1. Petition 2. Site Map E 1 V E D) C) 3 A lp t! e mg. e;7 kcir 7 If , ST wynk 14 At 1 6 _J� &II /14�t� (1 - 7�, -- 7 low? /it! PUMA J Seellve O C�r -44A AW L ezd —t-e'vi S. i 0 V� 67 al A LU Ao cj cc Ne _7 I 011L lls- vl - 7 3 To Chuck Auhl City Administrator City of Maplewood 1830 East County Road B. Maplewood, MN 55109 We are very concerned about the safety of walking along Lower Afton between McKnight and Century Avenue as there is no off -road walking path. Therefore, we are requesting a trail be put in along Lower Afton so that it connects with the trail that begins one block east of Century Avenue. Name Address Phone Number 2 4 0� - 71 7 3 4 6 1 42 vt/ < 7 8 7 2 6 - 1 c; 9 10 12 13 riv O/V 14 15 -4 4 C" 7 16 7 N ) U L 17 18 Z7 101 19 Z_ M L � 6S7 Name Address Phone Number 20 6;) Z. 21 22 -4 23 ? 24 Q. I J 25 74 Ll 26 lviv 28 29 c Oto 732 -f 30 31 32 - 7 33 3 4 24 35 M L � 6S7 To: Chuck Auhl City Administrator 'City of Maplewood 1830 East County Road B. Maplewood, MN 55109 We are very concerned about the safety of walking along Lower Afton between McKnight and Century Avenue as there is no off-road walking path. Therefore, we are requesting a trail be put in along Lower Afton so that it connects with the trail that begins one block east of Century Avenue. Name Address Phone Number ILI i i f 2 v )7 Z-7 ) 3 0 q,57-7 /V. zze b" 19h wr) ory al'071 73S SS 5 rat le 6 - 1 J 9 'A"V 7 7) s V C 8 o, 15 t. \J 10 - 7 ?-S 2- 11 12 A I 13 ;7� J 14 651 15 4 14i 16 A-e f /y- 17 '5 32 - 7 70L q-6 7 1 8 19 h`)! N a - U Z%kil q IJ . 't . e Z � 30 31 32 33 34 35 - 71 / /,, jr / - To: Chuck Auhl Ci/ Administrator City of Maplewood i 830 East County Road B. Maplewood, MN 55109 We are very concerned about the safety of walking along Lower Afton between McKnight and Century Avenue as there is no off -road walking path. Therefore, we are requesting a trail be put in along Lower Afton so that it connects with the trail that begins one block east of Century Avenue. Name Address Phone Number 1 AU IN 2 V� 73 53z_�5_ 3 4 5 6 7 8 9 10 12 L/ 14 Ct 12-t 7, s Z - A�V 2 9L - ` �' L- , 7 t--7 OL LIU z 7 �/ - 3 t Name Address Phone Number 21 g , 22 7 -IS � 23 A 24 7 E Lltc:�l 5 i 'T�i -133 25 At k 26 S tec 27 A A 29 7.3 30 7,3 31 7 R2- 32 , � �1,4 e ta 33 11 I 34 A 7ZI-'Ilr vtb 2Ld- 35 9L - ` �' L- , 7 t--7 OL LIU z 7 �/ - 3 t To Chuck Auhl City Administrator City of Maplewood 1830 East County Road B. Maplewood, MN 55109 We are very concerned about the safety of walking along Lower Afton between McKnight and Century Avenue as there is no off -road walking path. Therefore, we are requesting a trail be put in along Lower Afton so that it connects with the trail that begins one block east of Century Avenue. Lr 1 7 1 V Name Address Phone Number rt l t f C ZO - 7754 L 7 f , �} �.���?�j��. -{. -.� �� s --"`6 Y �� ..�. -� e✓�. 6.,-�i �s' �� � RI_.. .f �i..' y � �..'�� � �_ ( .e �.�7 ,y� 7 10 1 2 Z c. }' } �i i t—' 4 ✓ I � � ` �4!".l� v6, +��J�� L °/ � 7 " t 91 i 7 6� 14 17,f tl1 �1� -- —_3f 15 P _ 18 'x` Yt�F`�u fl ` 7 19 `. ef' Lr 1 7 1 V 1�5 IM Name Address Phone Number 20 1 - 77 - Sk 21 2 2 4, 26 Dr 27 /Vel- -9163 28 ZZ2 29 30 31 73" - 3 1 32 -3 - 7 - 7 S S-4 Alcl—Ilk ' - 76 Yz 34 �b M( 602(1 7H P - I C 3,)- J U 35 1�5 IM I VA __PGAPE AV_ ] P— AVF r F Li ONr Li AVE. 48ON T CONNAf 41ir f 0, FPotv TAGS Lj 12 � T ann ers -oke RD 2 4c N Q HUDSON I F- 5 g RO QWiEW D R. IN 00 — 14 240S — 15 4805 16 t. HUNTINGTON CT- 2. ) AKSIOGE [A. 0 1 7 C CT. 2, VAL; -f VIEW CT 3 LAJIE'wpOD CT. 960S 13. - 14 i t1 U} 15 w 1i C-'W URY P( 3 2 CEN'tIRY TF NE,V LN 4 94 ;' Agenda Item K4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Cottagewood Developer Reimbursement Agreement, City Project 06 -10, Approve Agreement with Developer DATE: June 15, 2007 INTRODUCTION The developer of the Cottagewood PUD (City Project 06 -08) was conditioned to extend sanitary sewer from Century Avenue to the development site on Highwood Avenue and to extend sanitary sewer stubs to those properties in Highwood Avenue that did not have sanitary sewer service availability. As part of the public improvement work (City Project 06 -10) sanitary sewer stubs were extended to those properties currently on septic systems. Background After the public improvements were completed all project costs were assessed to the developer property including those costs to extend sanitary sewer stubs. In the event that the septic system fails for the properties where sanitary sewer stubs are now available, hookup to the city sewer is a requirement. At the time of hookup the developer shall be paid the equivalent of the city's 2006 cash connection fee, since construction of the sewer was completed in 2006. This will enable the developer to recapture costs associated with installing the sanitary sewer stubs. Please read the attached agreement for further information. Budget Impact There is no budget impact on the city since the developer property has already been assessed for all public improvements. The city would reimburse the developer the cash connection fee upon a new sanitary sewer hookup in order for the developer to recapture those costs used in extending the sanitary sewer stubs, which was conditioned by the city. RECOMMENDATION It is recommended that council approve the agreement between the Developer and the City of Maplewood for the Cottagewood Developer Reimbursement. Attachment: 1. Agreement CITY OF MAPLEWOOD Ramsey County, Minnesota Developer Reimbursement Agreement for Cottagewood THIS AGREEMENT, made this day of , 2007, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and Lauren & Co., D, L.T.D. herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. The Cottagewood Development property has been fully assessed for all project costs associated with City Project 06 -10, Cottagewood Public Improvements. As part of City Project 06 -10, sanitary sewer main installation was required in Highwood Avenue from the Cottagewood Development property at 2666 Highwood Avenue to the existing sanitary sewer main at the intersection of Highwood Avenue and Century Avenue. Sanitary sewer stub connections were installed and extended to those properties on Highwood Avenue that previously had no city sewer availability, listed as: 2660 Highwood Avenue (residential), 2684 Highwood Avenue (residential), 2670 Highwood Avenue (commercial), and 2692 Highwood Avenue (residential). At each time a given property listed above connects to the city sewer, the CITY shall reimburse the DEVELOPER in the amount equivalent to the city's 2006 sewer cash connection charge of $2,890. It is important to note that the CITY passed a resolution on August 28 2006 stating: Pertaining to City Code Section 40 -96 regarding requirement of connection to city sewer within one year, a waiver is hereby given, due to special circumstances, to the following addresses: 2692, 2670, 2684, and 2660 Highwood Avenue. Connection to the city sewer will be required upon septic system failure. 2. All of the fifteen (15) building lots within the Cottagewood plat are exempt from the city's sewer cash connection fee upon connection to the private sanitary sewer main within the private street. 3. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Phillip Soby Lauren & Co., D, L.T.D. 200 Chestnut Street Stillwater, MN 55082 SIGNATURE: Lauren & Co., D, L.T.D. M Phillip Soby TITLE: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by FM of the OWNER. Notary Public SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor Greg Copeland, City Manager STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2007 by Diana Longrie, Mayor of the City of Maplewood, a municipal corporation. Notary Public The foregoing instrument was acknowledged before me this day of , 2007 by Greg Copeland, City Manager of the City of Maplewood, a municipal corporation. Notary Public CITY OF MAPLEWOOD Ramsey County, Minnesota Developer Reimbursement Agreement for Cottagewood THIS AGREEMENT, made this day of , 2007, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and Lauren & Co., D, L.T.D. herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. The Cottagewood Development property has been fully assessed for all project costs associated with City Project 06 -10, Cottagewood Public Improvements. As part of City Project 06 -10, sanitary sewer main installation was required in Highwood Avenue from the Cottagewood Development property at 2666 Highwood Avenue to the existing sanitary sewer main at the intersection of Highwood Avenue and Century Avenue. Sanitary sewer stub connections were installed and extended to those properties on Highwood Avenue that previously had no city sewer availability, listed as: 2660 Highwood Avenue (residential), 2684 Highwood Avenue (residential), 2670 Highwood Avenue (commercial), and 2692 Highwood Avenue (residential). At each time a given property listed above connects to the city sewer, the CITY shall reimburse the DEVELOPER in the amount equivalent to the city's 2006 sewer cash connection charge of $2,890. It is important to note that the CITY passed a resolution on August 28 2006 stating: Pertaining to City Code Section 40 -96 regarding requirement of connection to city sewer within one year, a waiver is hereby given, due to special circumstances, to the following addresses: 2692, 2670, 2684, and 2660 Highwood Avenue. Connection to the city sewer will be required upon septic system failure. 2. All of the fifteen (15) building lots within the Cottagewood plat are exempt from the city's sewer cash connection fee upon connection to the private sanitary sewer main within the private street. 3. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Phillip Soby Lauren & Co., D, L.T.D. 200 Chestnut Street Stillwater, MN 55082 SIGNATURE: Lauren & Co., D, L.T.D. M Phillip Soby TITLE: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by FM of the OWNER. Notary Public SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor Greg Copeland, City Manager STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2007 by Diana Longrie, Mayor of the City of Maplewood, a municipal corporation. Notary Public The foregoing instrument was acknowledged before me this day of , 2007 by Greg Copeland, City Manager of the City of Maplewood, a municipal corporation. Notary Public Agenda Item K5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: The Woodlands of Maplewood First Addition LOCATION: Sophia Avenue, east of McMenemy Street DATE: June 8, 2007 INTRODUCTION Ron Lillistrand is requesting that the city council approve the final plat for the Woodlands of Maplewood First Addition. Mr. Lillistrand represents the builder and development company, Integra Homes, Inc. This final plat will create 21 lots for town houses, a new street right -of -way for Sophia Avenue and lots for common areas. This plat will be east of McMenemy Street, north of Kingston Avenue on a new street (Sophia Avenue) and on private cul -de -sacs. (See the maps on pages two - five.) BACKGROUND On September 12, 2005, the city council made several approvals for this development. These included a land use plan change, a zoning map change, a street right -of -way vacation, a conditional use permit for a planned unit development, a preliminary plat and design approval (except the building elevations). (See the approved preliminary plat on page five and the city council minutes starting on page six.) DISCUSSION The developer is progressing with the construction of the plat. The contractor has completed the grading of the site, the installation of the ponding areas and retaining walls, the installation of the utilities, the public and private streets and much of the project landscaping. The developer has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for The Woodlands of Maplewood First Addition date- stamped June 6, 2007. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec 17 /Woodlands First fin plat - 2007.doc Attachments: 1. Location Map 2. Area Map 3. Proposed final plat dated June 6, 2007 4. Approved Preliminary Plat 5. 9 -12 -05 City Council Minutes 6. Proposed Final Plat (Separate Attachment) k 4 RIPLEY AVE "'... R!PLEY AVE LU W Location Map The Woodlands 2 N 1736: Ln `� 7 KINGSTON AVE 17 13 1 . 1 x 7. 1708 1705 1706 70 --------------- F 1 701 " 695 W7}'; 1695 1696 O � } , 4-689 16 1685 Y W U LARPENTEU R AVE Area Map The Woodlands 3 Attachment 3 I IIU ---- 1S T i Di iU M 41wsm t — Lu w to I 2 W . 2 u 2 GRAPHIC SCALE J KINUSTON AVENUE Prepared By: ItND&EW SHEET 2 OF 2 SHEETS Kw?"OPOSED FINAL, PLAT 4 0 M E. 0 M Attachment 4 iwYrtv'T Mec i ' ' M wn Ytvo r..t « M w. a w.w « Y« «+n+a io .a w Y. A[wa1 gwW hwlaai tltwlw « rwlW 1T. irw«y a .w R Aran uatT. WwwLL r $ 'ZA•m , I W wiw mx Xx « ty1 «W MY wxt w w. fwl m0 nw. u�«.a \2T 2$ r { TMrn.w wxw»e.mmw «w..w w: n: ti.a w a•"" n wo-"'»n".:w .�.r w..»ti. wo. « «.. rww tt, ,r� R Na. R trwT <.wu wnaw. _ �rr t . � �••x wwr. x ss«t. rr. ,....w ». xwr v. n«t.. eww tw..... Oil 7���LYM `l � is.a now ro i VENUE rota rut ,wu mne ss wss � ��� IpwT -aF-wr .AFro �nza1 AF La " lIUW1F ]Plat FnE.k s.6q A 0.73 AC 4w loo 01. 6tH A 4 6f i WrA loo N21. W TPTU .n0 MG: fzi.n A u m*u+uru rc wTP za R9 T iY a tl — iPR S.M tr+ i�RC wn Pwsm P,p» y PRELIMINARY PLAT 4 N MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2005 Council Chambers, City Hall Meeting No. 05 -18 A. CALL TO ORDER: Attachment 5 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE Mayor Cardinal asked everyone to remember the Maplewood and St. Paul residents serving in the military. A moment of silence was held in remembrance of September 11, 2001. C. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present J. UNFINISHED BUSINESS The Woodlands of Maplewood (McMenemy Street, north of Kingston Avenue) a. Land Use Plan Change (R -1 (single- family residential) to R -2) (single and double dwellings) (4 votes) b. Zoning Map Change (F (farm residence) to R -2 (single and double dwellings) C. Street right -of -way vacation (Edgemont Street, north of Kingston Avenue) d. Conditional use permit (CUP) for a planned unit development (PUD) e. Preliminary plat f. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts and Public Works Director AN presented specifics from the report. C. Chris English, representing Integra Homes, addressed the council. Councilmember Koppen moved to adopt the following resolution changing the land use plan for the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston Avenue. This change is from R -1 (single dwellings) to R -2 (single and double dwellings): LAND USE PLAN CHANGE RESOLUTION 05 -09 -137 WHEREAS, Chris English, representing Integra Homes, proposed a change to the city's land use plan from R -1 (single dwellings) to R -2 (single and double dwellings). WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1 -28 of the proposed Woodlands of Maplewood) City Council Obeting 09 -12 -05 WHEREAS, the history of this change is as follows: 1. On July 18, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the proposed change. 2. On August 8, 2005, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. 3. On September 12, 2005, the council again considered the proposed land use plan change. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change for the following reasons: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This site is proper for and consistent with the city's policies for medium - density residential use. This includes: a. It is near a minor arterial street (Larpenteur Avenue) and is on a collector street. b. Minimizing any adverse effects on surrounding properties because there would be minimal traffic from this development on existing residential streets. 3. It would be consistent with the proposed zoning and land uses. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution changing the zoning map f the Woodlands of Maplewood plat on the east side of McMenemy Street north of Kingston Avenue. This change is form F (farm residence) to R -2 (single and double dwelling). The reasons for this change are those required by the city code and because the owner plans tc develop this property with a mix of singe and double dwellings: RESOLUTION: ZONING MAP CHANGE 05 -09 -138 WHEREAS, Chris English, representing Integra Homes, proposed a change to the zoning map from F (farm residence) to R -2 (single and double dwellings). WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street (for the proposed Woodlands of Maplewood). WHEREAS, the legal description of these properties are: OVERALL DESCRIPTION The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel A The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, City Council Kleeting 09 -12 -05 Township 29, Range 22, Ramsey County, Minnesota. Parcel B The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as The Woodlands of Maplewood) WHEREAS, the history of this change is as follows: 1. On July 18, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the zoning map change. 2. On August 8, 2005, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. 3. On September 12, 2005, the city council again considered the proposed zoning map change. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this property for single and double dwellings. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution for the vacation of parts of the Edgemont Street right -of -way, north of Kingston Avenue: STREET VACATION RESOLUTION 45 -09 -139 WHEREAS, Integra Homes applied to the city for the vacation of the following- described parts of a right - of -way: The easterly 15 feet and the westerly 15 feet of the unused Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue. (in Section 17, Township 29, Range 22) WHEREAS, the history of this vacation is as follows City Council Meeting 09 -12 -05 On July 18, 2005, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the proposed vacation. 2. On August 8, 2005, the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. 3. On September 12, 2005, the city council again considered this proposal. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Lot 1, Block 3, Monn's Villa 385 Kingston Avenue, Maplewood, Minnesota PIN: 17-29-22-33-0021 2. Lot 10, Block 1, Mann's Villa 395 Kingston Avenue, Maplewood, Minnesota PIN: 17-29-22-33-0030 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described right -of -way vacation for the following reasons: 1. It is in the public interest. 2. The applicant and the abutting property owners have no plans to build a public street at this location. 3. The adjacent properties have street access. 4. The vacation of the parts of the right -of -way will allow the adjacent residents to expand and improve their homes. This vacation is subject to the city retaining the center part of the Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue for public purposes. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Woodlands: CONDITIONAL USE PERMIT RESOLUTION 05 -09 -140 WHEREAS, Mr. Chris English, representing Integra Homes, applied for a conditional use permit (CUP) for the Woodlands of Maplewood residential planned unit development (PUD). WHEREAS, this permit applies to properties at 1740, 1750 and 1766 McMenemy Street. WHEREAS, the legal descriptions of the properties are: OVERALL DESCRIPTION The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. City Council Rleeting 09 -12 -05 Parcel A The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel B The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as The Woodlands of Maplewood) WHEREAS, the history of this conditional use permit is as follows: 1. On July 18, 2005, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On August 8, 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. 3. On September 12, 2005, the city council again reviewed the proposed conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 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. City CouncilVeeting 09 -12 -05 Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped August 29, 2005 except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation /replacement, and parking plans. The cul -de -sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer shall enclose the new ponds with a four -foot -high, black, vinyl- coated chain -link fence. The contractor also shall install a gate in the fences as may be required by the city engineer. (2) Provide for staff approval a detailed storm water management plan. c. The following for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. (3) Clearly labeled proof of parking spaces that would have a "green surface" or another environmentally friendly design (rather than a bituminous surface). 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk, fencing or fill from the site. City Councilleeting 09 -12 -05 6. The approved setbacks for the principal structures in the Woodlands of Maplewood PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum — 35 feet b. Front -yard setback (public side street): minimum - 20 feet, maximum - none c. Rear -yard setback: 20 feet from any adjacent residential property line. d. Side -yard setback (townhouses): minimum - 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the Woodlands of Maplewood preliminary plat (received by the city on August 29, 2005). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements (including ten -foot drainage and utility easements along the front and rear lot lines of each lot and five -foot drainage and utility easements along the side lot lines of each lot). d. Have Xcel Energy install Group V rate street lights in at least seven locations. These shall be as follows: (1) At the intersection of Edgemont Lane and Sophia Avenue (by Lot 8). (2) Near Lot 4 in the middle of the block. (3) At the northeast corner of the site near Lot 1. (4) At the north end of Edgemont Lane near Lot 11. (5) At the intersection of McMenemy Street and Sophia Avenue. (6) At the intersection of McMenemy Street and the northerly driveway (near Lot 23). (7) Near Lot 28 at the east end of the driveway. The exact style and location of the lights shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic - control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. 2. Have the city engineer approve final construction and engineering plans. These plans shall City Councileeting 09 -12 -05 include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin Laberee dated September 2, 2005, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10- foot -wide, 10 :1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one foot deep and protected with approved permanent soil- stabilization blankets. (11) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the entire project site and shall not increase the run -off from the site. c. The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one -half (2'/2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall City Councileeting 09 -12 -05 be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) along the west and south sides of the site to help screen the development from the existing houses to the west and south. (7) Show the planting or transplanting of at least 200 trees after the site grading is done. (8) Require the developer to replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The streets and driveways shall be a nine -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) Repair of McMenemy Street and Kingston Avenue (street and boulevard) after the developer connects to the public utilities and builds the new streets, trails and private driveways. (4) The developer enclosing the ponds with a four -foot -high, black, vinyl - coated chain -link fence. The contractor also shall install gates in the fences as may be required by the city engineer. (5) The private driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (6) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (7) All utility excavations located within the proposed right -of -ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm -water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. City Councill'eeting 09 -12 -05 (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Label the common areas as outlots. c. Add drainage and utility easements as required by the city engineer. d. Have the right -of -way where Sophia Avenue meets the Edgemont Street right -of -way "squared -off' rather than having it with a radius from the cul -de -sac. e. Label all the names of all the streets and driveways on all plans and distinguish which are public and which are private. f. Change the street and driveway names and addresses as follows: (1) The north private driveway (for Units 21 — 28) shall have McMenemy Street addresses. 5. Secure and provide all required easements for the development. These shall include any off - site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemy Street and Kingston Avenue (street, curb and gutter and boulevard) after the developer constructs the sidewalks and connects to the public utilities and builds the new streets and private driveways. 7. Submit the homeowners' association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. City Councileeting 09 -12 -05 10 9. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the project plans (site plan, landscape plan, grading and drainage plans and building elevations) for the Woodlands of Maplewood townhouses on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: streets, grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall also meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005. (1) The erosion control plan shall be consistent with city code. (2) Submit to staff revised plans that show as many of the private driveways as possible at 28 feet wide to allow parking on one side. (3) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. City Councileeting 09 -12 -05 11 (f) Show the proposed street and driveway grades as allowed by the city engineer. (g) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (h) Show details about the proposed pond fencing including the materials, gate, height and color. (4) The tree plan shall: (a) Be approved by the city engineer. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, transplant, save or replace large trees. (c) Show the size, species and location of the transplanted and replacement trees. The new coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Show additional tree planting for screening along the south and west property lines of the site. (5) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) The repair and restoration of McMenemy Street and Kingston Avenue (including curbing, street, and boulevard) after the contractor removes the existing driveways, connects to the public utilities and builds the new streets, sidewalks, trails and driveways. (c) The street and the driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (d) The developer or contractor shall post the streets and driveways with "no parking" signs to meet city standards. (e) The public streets and private driveways labeled on all plans. (f) The common area labeled as 4utlot B on all plans. (g) Areas for proof of parking off of the streets wherever possible. (6) The design of the ponding areas and any rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. City CouncilVeeting 09 -12 -05 12 c. Submit a revised landscape plan to staff for approval which incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of eight -foot -tall trees and/or fencing for screening along the west and south sides of the site. (3) The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date- stamped February 1, 2005, shall remain on the plan. (5) A concrete walk from the driveway to the door of each unit (6) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (7) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (8) The contractor shall restore the McMenemy Street and Kingston Avenue boulevards with sod. (9) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the west and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the south and west. (10) Shows the in- ground lawn - irrigation system, including the location of the sprinkler heads. (11) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. (12) Show the landscape or ground treatment for the areas between the driveways of the double dwellings. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed districts. f. Submit a site lighting plan for city approval. This plan shall show the installation of at least seven street lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design City Councileeting 09 -12 -05 13 that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent residential properties. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h. The developer or builder will pay the city Park Access Charges (PAC fees) at the time of the building permit for each housing unit. i. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, landscaping and retaining walls. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d. Install the required concrete curb and gutter. e. Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. h. Install a six -foot -high solid screening fence or additional trees along the west and south property lines of the site where the vegetation does not adequately screen the townhouses from the existing dwellings. These additional materials are to ensure there is at least a six - foot -tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: City Councileeting 09 -12 -05 14 a. The city determines that the work is not essential to the public health, safety or welfare. b. The above- required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Provide a sign and landscape plan for the entrance and island at McMenemy Street for city staff approval. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development. The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. 7. The building elevations are not approved with this design review. The applicant shall submit revised building elevations to the community design review board (CDRB) for final approval. Seconded by Councilmember Rossbach Ayes -All City CouncilNeeting 09 -12 -05 15 Agenda Item L1 TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Pond Overlook LOCATION: 2161 County Road D (new Furness Court, north of County Road D) DATE: June 13, 2007 INTRODUCTION Project Description Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town houses on a new cul de -sac between County Road D and 1 -694 in a development called Pond Overlook. It would be on a 1.9 -acre site on the property now known as 2161 County Road D. Refer to the applicant's statement on pages 22 and 23 and the maps on pages 24 - 32. A homeowners' association would own and maintain the common areas. Each building would have horizontal -lap vinyl siding, aluminum soffits and fascia and a stone veneer on the front. In addition, each unit would have a two -car garage. (See the elevations on page 36 and the attached plans.) Requests To build this project, Mr. Andrus is requesting several city approvals including 1. A change to the zoning map. This change would be from F (farm residence) to R -2 (single and double dwellings) for the site. (See the property line /zoning map on page 27.) 2. A conditional use permit (CUP) for a planned unit development (PUD) for a 10 -unit housing development. In this case, the site would have a mix of styles of two -unit owner - occupied townhome buildings. Having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard zoning requirements would normally allow. 3. A preliminary plat for the town house lots and the lots for the common area and an infiltrationlponding area. (See the map on page 30.) 4. The design plans for the site, landscaping and buildings. (See the plans on pages 34 - 36). DISCUSSION Zoning, Land Use and Comprehensive Plans The city has shown this site for single and double dwelling residential development (R -2) on the land use map (see the land use plan map on page 26). Maplewood intends areas designated as R -2 as areas for single dwellings, twin homes or duplexes of up to 5.4 units per gross acre. Maplewood has zoned this property F (farm residence). This zoning designation allows for farming and for single dwellings. The proposed development plan is consistent with the density allowed by the comprehensive plan for the property. Specifically, the 10 new units on the 1.9 -acre site means there would be 5.3 units per gross acre. This proposal would meet the density standards outlined in the Maplewood Comprehensive Plan for this site. In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first -ring suburbs. This is a good site for twin homes. It is on a collector street (County Road D) and near a major collector street (McKnight Road), and near an arterial street (White Bear Avenue). Zoning Map Change To build the proposed town houses, Mr. Andrus wants the city to change the zoning map for the site. These changes would be from F (farm residence) to R -2 (single and double dwellings). The city intends F areas for farms and for single dwellings on 10,000- square -foot lots. For R -2 areas, the city plans for single dwellings on lots of at least 10,000 square feet of area and for double dwellings on 12,000 square -foot lots. Compatibility Staff does not find a problem with this proposal in terms of compatibility and land use. The proposed town houses would be near other medium and high - density housing to the west, would be on a collector street and would be between a storm water pond and single dwellings. Developers will often build town houses next to single dwellings. Recent examples of this are the Cottagewood project south of Highwood Avenue and the Overview project near McMenemy Street. Another example is the New Century Addition in south Maplewood. The developer, Robert Engstrom, is developing this neighborhood with a mix of single dwellings and townhouses. There are many other examples in Maplewood, such as Afton Ridge, Southwinds, Bennington Woods, Olivia Gardens and the Carriage Homes of Maple Hills where this is the case. `Ik� This proposal, with its proximity to 1 -694, raises concerns about noise from the freeway and its effect on the future residents. To that end, the developer provided city staff with information about how they propose to limit the noise on the interior of the new dwelling units through specific construction techniques and building materials. (See the information about this starting on page 43.) The developer also is proposing language for the neighborhood covenants about the noise and the responsibilities of the city and the state about the noise (see the proposed language for this on page 49). Property Values The Ramsey County Assessor's Office has told us in the past that multiple dwellings adjacent to single dwellings are not a cause for a negative effect on property values. If the owners properly maintain their property, this development should not be detrimental to the neighborhood. The required annual review of the conditional use permit is a built -in safeguard to ensure that the city council will regularly review this development. Traffic Considerations The city engineering department, in their project review starting on page 37, provided information about existing and expected traffic in this area. To summarize, they do not expect the addition of ten town houses in this area to exceed the traffic- handling capacity of County Road D. 2 Section 44- 1093(b) of the city code says that it is the intent of the PUD code "to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the purposes of this chapter 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. 5. The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons." The applicant has applied to the city for a conditional use permit (CUP) for a planned unit development (PUD) for the 10 -unit housing development. They have requested a PUD to allow the project to have deviations and more flexibility with site design and development details than the standard city requirements. These would include having a variety of setbacks, having the town houses on smaller lots than code usually allows (in area and in width) and having a narrower public street right -of -way (50 feet instead of 60 feet) for the new street. The developer is proposing a small lot around each townhome unit. A homeowners' association would own and maintain the rest of the land, including the private driveways, water services and the landscaped /green areas. Exchanging the common land for larger lot sizes would not change the location, design or number of units in this development. It is the contention of the applicant that the proposed site design details and code deviations meet the findings in the city code for approval of a PUD. City staff agrees with the applicant that the development as proposed (shown on page 30), with the proposed code deviations, would produce a development of equal or superior quality, that the proposals do not constitute a threat to the area and that the deviations are required for reasonable and practicable development of the site. Having private driveways with reduced town house setbacks will allow for more common area around each building. Density and Lot Size As proposed, the 10 units on the 1.9 -acre site means there would be 5.3 units per acre (an average of 8,276 square feet per unit). This is consistent with the density standards in the comprehensive plan for double dwelling residential development and is well above the 6,000- square -foot minimum lot area that the city requires for each unit in a double dwelling. Having a lot under each detached town house unit will allow the developer to sell each unit individually. For a comparison, the comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross acre. As such, on a 1.9- acre site, there could be up to 7 single- family homes. 3 Preliminary Plat The project plans show the lots being 32 to 42 feet wide and ranging in size from 2,562 square feet to 2,823 square feet in area. These lot sizes are typical for what Maplewood sees for each unit in town house developments. If the city approves this proposal, then the developer will be forming a homeowners' association with documents (declarations) specifying the legal responsibility of the association and homeowners for maintenance of the units and common grounds. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant and the City of North Saint Paul in reviewing this proposal and plans. The comments of Michael Thompson of the Maplewood Engineering Department are in the attachment starting on page 37. Public Utilities There are both sanitary sewer and water in County Road D to serve the proposed development. The City of North Saint Paul supplies the water to this part of Maplewood. As such, they also will need to approve the utility plans for the development. There is city storm sewer in County Road D in this area. Drainage Concerns The grading plan shows the developer using a new storm water pond /infiltration basin on the north side of the site near 1 -694 within the proposed development to control the storm water. The applicant's engineer has designed the site, with the new pond, to accommodate all the storm water from this site from a 100 -year storm. It is not clear to city staff if the MnDot pond west of this site has an outlet. If it does not have an outlet, then the applicant will have to provide the elevation of the pond in the event of back -to -back 100 -year storms. The city requires the lowest floor opening of structures adjacent to a no- outlet pond to be at least five feet above the high -water level or two feet above the emergency overflow elevation (depending on the site characteristics). The developer's engineer told me that by using the proposed pond as storm water detention facilities, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. The city should require that the applicant's grading /drainage plan ensures the runoff from his project will not increase the storm water flow onto any adjacent land. The developer's engineer will need to provide the city engineer with information and calculations showing that this project will not increase the amount of storm water running off of the site. Drainage and Watershed District This site is in the Ramsey /Washington Metro Watershed District. They did not have any major concerns about the proposed plans. It is important to remember that the applicant or the contractor must get a permit from the watershed district before starting grading or construction. That is, the watershed district will have to be satisfied that the developer's plans will meet all watershed district standards. 12 The developer also will need to get a Mn /DOT drainage permit since the outlet for the new basin would route water onto the 1 -694 right -of -way and then into the pond to the west of the site. Tree Removal /Replacement As proposed, the applicant's contractor would grade most of the property to prepare the site for construction. The proposed plans show the developer saving seven large trees (elm, fir, maple and ash). As proposed on the landscape plan dated June 12, 2007, (page 34), the developer or contractor would plant 31 trees on the site. These include a mix of 13 Black Hills spruce and 5 Austrian pines along the north and south property lines and ash, maple and birch trees within the site The city recently adopted a new tree preservation and replacement code. In this case, if the developer is to follow and implement the proposed plan, the new code requires the planting of 377 caliper inches of trees. They are proposing to plant 116.5 caliper inches of trees. The developer has prepared a statement about the tree code and how it would affect this site and the project. His comments about this are on pages 50 and 51. The city engineering department has reviewed the tree and planting plans. They have included comments about this plan in their review comments starting on page 37. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. For comparison, the old city code would have required the developer to have at least 10 trees per acre on the site. For this 1.9 -acre site, the previous code would have required there be at least 19 trees on the property after the construction is complete. Landscaping /Screening The proposed project plans show the contractor keeping a few of the existing trees along the east side of the site. As I noted above, the developer is proposing to plant 31 larger trees in the development. These include 13 spruce, 5 pines and a mix of ash, birch and maple trees. The landscape plan (page 34) and the detailed plan on page 35 also show the proposed plantings near the sidewalk and the entrance of each unit. These will include spirea, junipers and daylilies. While the landscape plan is a good start, the developer should try to add more trees in two primary areas. These additional trees would be for screening along the south side of the site and along the north side of the site. The purpose of these additional plantings is to screen the new town houses from the freeway to the north and to screen this site from County Road D to the south. As for the northwest (near the pond) and south side of the property, planting trees in these areas would improve the looks of the site and should help screen the new town houses from County Road D. The applicant should revise the landscape plan to show additional trees in these areas so they provide screening and so they are consistent with Maplewood ordinance standards (for quantity, size and height). In addition, the applicant needs to provide the city engineering department with a detailed landscape plan for the pond. The project engineer also should show this detail on the final project landscape plans. Ginny Gaynor, the city naturalist, has been working with the developer on the details the city needs in a final landscaping and tree - planting plan for the site. She recently told me that she and the developer are getting close to agreeing on that final plan. The plantings proposed around foundations of the units and in the proposed detail areas should remain on the plan. In addition to the above, all yard areas should be sodded (except for mulched and edged planting beds). Design Review Building Design and Exterior Materials The proposed buildings could be attractive and would fit in with the design of the existing homes in the area. They would have an exterior of horizontal vinyl siding, shingle -style siding on part of the front elevation, a stone veneer on the fronts of the garages, and the roofs would have asphalt shingles. There would be a mix of walkout and rambler units and each unit would have an attached two -car garage. (See the proposed elevations on page 36 and the attached project drawings.) The colored drawings show the exteriors of the units in grays, beige or brown. These buildings would be very similar to the town houses built by Masterpiece Homes in the Overview and Gardens developments (just off McMenemy Street). Staff does not have any major concerns about the proposed plans since this development will be on a cul -de -sac and would be somewhat isolated. In fact, only the buyers of the town houses would be able to see the fronts of most of the new buildings. However, it is the opinion of staff that the builder could improve the look of the units by adding more details to the exteriors, including the south side of Unit 1 and the rear of Units 9 and 10 (that face County Road D). To this end, the builder should submit to city staff revised building plans and elevations that show or include (but are not limited to) the colors of all materials, any shutters, window grids, the style and color of the balcony railings, and that provide more detail about the stone accents. The elevations also should show that the town houses would have either brick or stone accents and wainscoting on all of the front elevations (not just on the garage fronts). The community design review board noted in 2001 concerns about "snout- designed" homes. These are dwellings that have garages as the dominating street -side feature. The proposed townhomes have this design. The community design review board may want to have the developer change the proposed designs or add features to the buildings to lessen the impact of the garages. This could include additional landscaping in front of the dwelling parts of the buildings, adding covered front porches, enhancing the design of the garage doors or adding decorative light fixtures next to the garages and entrance doors. Site Lighting The applicant's plans for the development show the installation of one streetlight on the east side of the cul -de -sac to provide lighting along the new street. The city engineer requires all new streetlights to be consistent in style and height with other streetlights in the city. The project plans, however, do not show any detail about the height or style of the pole or about the proposed lighting on the buildings. In addition, the plans should show a streetlight at the intersection of County Road D and Furness Place to help with traffic safety. Parking It should be noted that the city allows parking on one side of 28 -foot -wide streets and along both sides of streets that are 32 feet wide. In this case, the developer should construct the new street 28 feet 9 wide and then the city would allow parking along one side of the new street (probably the east side). There is not room on the site to add off - street parking within this development. Other Comments Police Department Lieutenant Kevin Rabbett of the Maplewood Police Department did not note any public safety concerns with this proposal. Fire Marshal Butch Gervais, the Maplewood Fire Marshal, reviewed the project plans. He wants the city to make sure the cul -de -sac is large enough for proper snow removal and for emergency vehicle access. The proposed cul -de -sac meets the minimum size standards the city uses for cul -de -sacs so the proposed design should not be an issue for the fire department. Building Official David Fisher, the Maplewood Building Official, provided staff with the following comments: 1. The contractor will need to construct the units to the current building code. 2. The developer should provide the city with a noise study to verify that the proposed units will meet the state noise standards. 3. The developer should verify that there are no environmental issues. COMMISSION ACTIONS On May 21, 2007, the planning commission recommended approval of the proposed zoning map change, PUD and preliminary plat for Pond Overlook (subject to several conditions of approval). On June 12, 2007, the community design review board recommended approval of the project design plans for Pond Overlook (subject to several conditions of approval). 7 RECOMMENDATIONS A. Approve the resolution on page 52. This resolution changes the zoning map for the Pond Overlook plat on the north side of County Road D and west of McKnight Road. This change is from F (farm residence) to R -2 (single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this property with double dwellings. B. Approve the resolution starting on page 53. This resolution approves a conditional use permit for a planned unit development for the Pond Overlook development on the new cul -de -sac on the north side of County Road D (on the property now known as 2161 County Road D). The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped April 19, 2007, and the landscape plans dated June 12, 2007, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation /replacement, landscaping and parking plans. The cul -de -sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install a four - foot -high, black, vinyl - coated chain - link fence at the top of the retaining wall. (2) Provide for staff approval a detailed storm water management plan. 0 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off - site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk or fill from the site. d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum — 35 feet b. Front -yard setback (public side street): minimum - 30 feet, maximum - none c. Rear -yard setback: 20 feet from any adjacent residential property line 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. C. Approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 0 c. Provide all required and necessary easements. This shall include any off -site easements and ten -foot drainage and utility easements along the front and rear lot lines of each lot and five -foot drainage and utility easements along the side lot lines of each lot. d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light shall be at the intersection of County Road D and the proposed street (Furness Place) and the second near the north or east end of the street near the cul -de -sac. The exact style and location shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic - control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet or as may be required by the city engineer. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. im (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one -foot deep and protected with approved permanent soil- stabilization blankets. (10) The drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the entire project site and shall not increase the run -off from the site. (11) As little grading as possible east of the proposed cul -de -sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. c.* The tree plan shall: (1) Be approved by the city engineer or environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city - tree planting fund. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 1 /2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road D to the south. (c) Along the east side of the site to help provide screening of the new construction from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. W d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right -of -ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm -water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. 5. Secure and provide all required easements for the development. These shall include any off - site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the public road and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 12 7. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, any outlots, private utilities, water services, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Obtain the necessary approvals and permits from MnDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. D. Approve the plans date - stamped April 19, 2007, (site plan, grading and drainage plans and building elevations) and the landscape plans date- stamped June 12, 2007, for the Pond Overlook town houses on the new cul -de -sac on the north side of County Road D west of McKnight Road. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, landscaping, sidewalk and 13 driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence or some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. (f) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (g) Show details about the required fence by the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall. (3) The tree plan shall: (a) Be approved by the city engineer or by the city environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Be consistent with the plan the applicant submitted to the city at the June 12, 2007, CDRB meeting that was reviewed by Virginia Gaynor and the CDRB. E (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) All private driveways to the units at least 20 feet wide. (c) If the developer wants to have parking on one side of the new street, then it must be at least 28 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs to meet the above - listed standards. (e) The new street labeled as Furness Place and County Road D labeled on all plans. (5)The design of the ponding area shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of trees along the north and south sides of the site. (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall be approved by the city engineer or city naturalist and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date- stamped June 12, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little or no maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). 15 (9) The contractor shall restore the County Road D boulevard with sod. (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) (where possible) along the north and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the development. (11) Shows the in- ground lawn- irrigation system, including the location of the sprinkler heads. (12) The city engineer or by the city environmental manager shall approve this plan before site grading and shall be consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. f. Have the North Saint Paul utility department approve the proposed utility plans. g. Present to staff for approval colored building elevations and building material samples of all elevations of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige - colored vinyl siding, any shutters, window grids, decorative lighting for the front elevations and the style and materials of deck or balcony railings. These elevations also shall show details for the enhancement of the south side elevation of Unit 1 and the rear elevations for Units 9 and 10 (that face County Road D) (including the use of shutters) and stone wainscoting on the entire front elevation per the revised sketch submitted to the city by the applicant at the June 12, 2007 CDRB meeting. City staff must approve these plans before the city will issue a building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. i. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. j. Obtain the necessary approvals and permits from MnDOT. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building. 16 d. Install the paved driveway for each unit. e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g. Install on -site lighting for security and visibility that follows the approved site lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. h. Install additional trees along the north, east and south property lines of the site (where possible) where the proposed or existing vegetation would not screen the town houses from the existing roadways and dwellings to the east. These additional materials are to strive to ensure that there will be at least a six- foot -tall screen on these sides of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above- required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The city staff may approve minor changes to the project plans. 17 CITIZENS' COMMENTS City staff surveyed the owners of the 18 properties within 500 feet of this site and the owners of the properties along County Road D to McKnight Road. The city received one reply to our survey. Comments 1. Thank you for sending me the information about the proposed housing development on County Road D. My wife and I have no problems with what is proposed as long as it does not end up being low- income housing. We will look forward to sitting in on the city council meeting when it is scheduled. (Huebel — 2191 County Road D) M., REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.9 acres Existing land use: A single dwelling SURROUNDING LAND USES North: 1 -694 South: Bruentrup Farm across County Road D West: MnDOT storm water pond East: Single dwellings along County Road D PLANNING Existing Land Use Plan designation: R -2 (single and double dwellings) Existing Zoning: F (farm residence) Proposed Zoning: R -2 (single and double dwellings) Findings for Rezoning Section 44 -1165 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1 -9 in the resolution starting on page 53.) Ordinance Requirements Section 2- 290(b) of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of 19 investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. HOUSING POLICIES The land use plan has eleven general land use goals. Of these, three apply to this proposal. They are: minimize land planned for streets, minimize conflicts between land uses and provide many housing types. The land use plan also has several general development and residential development policies that relate to this project. They are: - Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. - Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single - family housing, public - assisted housing and low -to- moderate- income housing, and rental and owner - occupied housing. - Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: - Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. - The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. Application Date We received the complete applications and plans for this development on April 19, 2007. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action is required on this proposal by June 17, 2007, unless the applicant agrees to a time extension or if the city extends the time for approval. On May 22, 2007, city staff extended the city's time for review of this project until August 17, 2007. KE p:sec35 -30 /Pond Overlook— May 2007.mem Attachments: 1. Applicant's Statement 2. Site Photographs 3. Location Map 4. Land Use Plan Map 5. Property Line /Zoning Map 6. Address Map 7. Site Survey 8. Proposed Preliminary Plat 9. Proposed Grading and Erosion Control Plan 10. Proposed Utility Plan 11. Tree Inventory Listing 12. Proposed Landscape Plan dated June 12, 2007 13. Landscape Plan Details dated June 12, 2007 14. Proposed Building Elevations 15. Engineering Department Comments dated May 11, 2007 16. Applicant's Noise Study dated March 15, 2007 (David Braslau) 17. Page 13 of proposed covenants (Paragraph 7.13) 18. Applicant's Tree Replacement Comments 19. Zoning Map Change Resolution 20. Conditional Use Permit Resolution 21. Project Plans date - stamped April 19, 2007 and June 12, 2007 (separate attachments) 21 Attachment i ANDRUS HOMES 2440 Charles Street N., Suite 210 North St. Paul, MN 55109 651- 777 -0111 Fax 651- 777 -0999 andrusbuilt.com lq - a7 Dear Planning Commission and Council Members: .Please find enclosed a plat layout for a P.U.D. that we are proposing at 2161 County Road D. The layout is for a ten -unit townhome development consisting of one -level townhomes with full basements. We have been in contact with the city planners and engineers and have drawn several different layouts; and this one seems to work the best using the natural grade of the land for the buildings, water runoff and road design while saving as many trees as possible. I am requesting a zoning change from F (Farm Residential) to R -2 (Double Dwelling) for the property located at 2161 County Road D. As shown on the City land use map, the City has planned this property to be R -2; the proposed development would be consistent with what the City has planned for the property. The property now has a modular home on it, enough parked cars to start a used car lot, and there is miscellaneous junk all over the property. I feel this small townhome development, which is marketed to seniors, will only enhance the neighborhood in the following ways: 1) Very attractive - looking homes from the exterior (nice curb appeal). 2) All units nicely landscaped with a sprinkler system to ensure green lawns. 3) Association - maintained grounds to ensure constant upkeep. 4) Marketed to senior residents who take pride in their homes and make great neighbors. In addition, these townhomes will help the senior residents who live in Maplewood now to be able to sell their existing home and buy an affordable one -level townhome and be able to stay in Maplewood. I am enclosing a blueprint of the units I plan to build; each unit is 1,148 sq. ft. on the first floor with a full basement. My goal is to build an affordable one -level townhome for the senior residents of Maplewood, who are tired of the upkeep on their home, want to sell APPLICANT'S STATEMENT 22 their existing home in Maplewood and buy an affordable one -level townhome in Maplewood. I have done several small townhome developments like this in the past; and what we have found out is that no matter community you are in, the senior people that want to move to a one -level townhome have two top priorities: 1) To stay in the same community that they have lived in for all of their adult life; 2) To be able to sell their existing home and be able to purchase a one -level townhome for the same price or less without having to dip into their retirement funds; if they have to kick in extra money, the majority of the people cannot afford to do so. Based on information from the Regional Multiple Listing Service of Minnesota, Inc., for the year 2006 the average selling price of homes in the Maplewood/North St. Paul area was $238,968. I believe that we can market these townhomes between $229,000 - $239,000, which would make them very affordable for the average senior resident of Maplewood to be able to sell their home and buy a new one -level townhome without dipping into their retirement funds and also being able to stay in the community. Thank you for taking the time to review the proposed plan. Sincerely, Doug Andrus ANDRUS HOMES DA:id Enclosures 23 'u Y � s4 k 1; r -J � t _ k t a IF s � � - 1r LM �� � i� •�' 4 ^r 7 f. � li � � tJ N W 4 F 11 i l 'o F- z Y 'U Attachment 3 WOODLYNN AVE :'I I I I I I I T 7 - J F Fr rh a� Land Use Map Pond Rverlook 2161 County Road D �t rm ' a ' r^ i:, n F r F.t CV .4�5•.. .. J Zoning Map Pond Qverlook 2161 County Road D N WOODLYNN AVE Address Map Pond Rverlook 2161 County Road D Attachmentj t � I I Sem. Inv. vn Owownbwr S r.NpS a! a I awvy a �ssa s - ; I E , AL Q E E t t Ole �c scnta •4.,,. 1 arF ivy r ��' - --�.' #�.�, _� KORTH vx w m j m IN it I - �Jmw.rn�.eian c7es , .w. < � y#�, I�' ,.•� .r` - f . -� A1gA K14�P4rQ/wAY•'n k®4 1 , . , a : 3 ✓� .. � I ' 'EL cww =gy �,� B9 m0 ft fi PWN CNIQ - ( � _ j' + � � �, { •emu of / {/ ,r�N• xwrs '�M1 1 NAPl xf / _ f �+�� . I T a .. � w CC}UNTY R4AE3 D �_,„ sYPa 4e I . --- - -- --. - __--- - - - - -- - -------- - - - - -- - - - - - -- - - --- -- - - - -- - -- ----- - - - - -- --. -- -- --.- SnrutliCADiD6pra ,j106388 \06588�re0ninpry.8wq 47V2007. 3 PH CDT SITE SURVEY 29 4 N Attachment 8 PRELIMINARY PLAT 30 4 N • GRAPHIC SCALE r �`� -- - - -- . T�' 14G #WAY N}_ 644 scar-- _�•�x: {seas } ,,. � ,air. -- — �YlCr a ��� ' — — — ' L 11 � t l d a I Q r r f �! zaex n 7 1lrr r F 0.04 saes S - 8.9ei2 R+s. $ # ! © t 11 # F' ✓ / r LW3 ■4.ft vv7 aar aces 69f e�c�s } J It — — Z { a, V It e r m uz aar,oi �iuX 4 avl� n} ty "war. $Sii M} lt j 3 _ p I 2sct «► ►i .... ar oaf exrs fI¢ 1 Rt VV i ♦ RW V 4 - � (re ae' 1 I g � J .i 7A/rer JJ am i A t I I � I nat .er.. ft 1 o24"aa M; z sax :4 rc w as nerM � g ! oac aQee ! i ur ar C ©UI11TY RpAD D $ .r�a..e rnx�� a >r , etininwy.d.g 4 /5 /ZO97 929 .4M CDT ------- - - ----------- ---- ---------------------------------------- - - - - -- -- PRELIMINARY PLAT 30 4 N Attachment9 EROSION GRADING AND EROSION CONTROL PLAN 31 4 N Attachment 10 0T MFRw w/ *saw I, I I I 3 I I I I I ! ! ! , I I I F I I ! I , I I a I I it ;r$ w a' LL 2410 _ __-- MR;SRATCaI @AM 15k ws.Ra a MaN n r- MM M VMATM EFTAM514h NT G6A79 IMMMRAH7 s , +24 22 om. sn 7117 2a1a O.A 9 WAMM2 wNLL Ram om +rr-mi aw 2R 0 97M 1s AO' fa7TPoR, UK OF OMMC 1 5 lFltk= FM 2yoA x mor ' �^ C1FAE 17 MM 7MMWAW HMW f tr+owww AT "7.0 r : . 2®R 112 PLOWE — ! r � a' emaa k a'_n 5/e te7a a f-T. MMw w/ QwTu 526 fttl! 1 FABRIC F r- MM M VMATM EFTAM514h NT G6A79 IMMMRAH7 s , +24 22 om. sn I 'CS. 2m.IO O.A 9 WAMM2 wNLL Ram om +rr-mi aw 2R ffa4 Aa 97M 1s AO' fa7TPoR, UK OF OMMC 1 5 lFltk= FM 2yoA x mor ' �^ C1FAE 17 MM 7MMWAW HMW f tr+owww AT "7.0 MZPDCM = COMMON) AM OOM4= r fr MRLVC To : . 2®R 112 PLOWE — � m . 1Y Rc ,VICl7 416 84" a f-T. MMw w/ QwTu 526 fttl! 1 FABRIC QM J r l l �� — 7 1Y Rf: a tamp - 9aa 7 - we 247.7A iEx H il l ts 2aas 54#2 - a 2Bg10 MID 1w 2Ei°s0 T aYOW N ' 4 1/r IS 4 I MILM LL SR! 2MM . ,. tt ' a - . ,. II i 31 4Q s , +24 1; 24W LZ 2381E I 'CS. 2m.IO O.A 9 WAMM2 wNLL Ram om +rr-mi fE0=7E AM FR0 M CW M MINL =11E11 As RB7/® fp1 00KIRIMM M 2ATCaML 97M 1s AO' fa7TPoR, UK OF OMMC 1 5 lFltk= FM Asy02E a OLVAGE a d$" HYBRAW ff`�w Q. COUNTY ROE Rot m PROPOSED UTILITY PLAN 32 ' aL fAl�ia�ORA WAMM2 wNLL Ram om +rr-mi fE0=7E AM FR0 M CW M MINL =11E11 As RB7/® fp1 00KIRIMM M 2ATCaML RMA"'M AWjff o I ,/Y 2N7L1. =fM As ART. Asy02E a OLVAGE a d$" HYBRAW MZPDCM = COMMON) AM OOM4= r fr MRLVC To : . 2®R 112 PLOWE — � m . .� QM J �� — F% CE Ra 9aa 7 - we 247.7A iEx H il l PROPOSED UTILITY PLAN 32 Attachment 11 TREE INVENTORY - SHOWIN TREES TO BE REMOVED -for - ANDRUS HOMES 2440 Charles Street Noah BENCNNIBRIL _ North St. Paul, MN 55109 Tele: (651) 777 -0111 Tree's located In field by EC.. Rud & Son's Land Surrey an January 24th4 2DO7. handy Muslelawfct from Vernbr Forestry Consultants tagged the tree's in field and aerated the below tree list Tree diameters and tree specks are shown an the imomtory sheet Vernix Foresty Ph/Fo= (763) 767- -1142 Vemix Forestry determined there are 377 caliper inches of trees which need to be replaced (determined from using the City of Mopiawoods tree replacement formula). To Nu# , ap :# of ttydrvnt located an the north side of County Road raldmateiy 822t feat west of the southwest corner of surveyed property. Hydrant is located adjacent to Harbor Pointe Office Condominiums.: Elevation + 958.89 (NGVD 1929) XO Wa Field survey was completed by E.G, Rud and Sans. Inc, on December 20 2406. Bearings shown are an an assumed datum. Curb shots are taken at the top and bock of curb- - This survey vas prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of o cement tide commitment or an attorneys tltie opinion. Property description is from a Warranty Dead dated January 8. 1998, recorded January 15, 1998 as Document No. 303510$. VICINITY Up PROPERTY BESCRIPTION: The west 296 feet of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 35, Township 30, Range 22, Ramsey County, Minnesota, except that part as aquired by the State of Minnesota by Warrany Deeds recorded as Document Nos. 1680181 and 1680182 rem -a■, TREE INVENTORY LISTING 33 .N OPMOD e EN . -..�� 1 I f7"7 @ r.: a�ar•?�:�T7-�-r^- � pL'.2.w?�111 ■N1f< ® !�" g _ ...... ^, 11111 �'�ssns.e —� .r1■.. - Vemix Forestry determined there are 377 caliper inches of trees which need to be replaced (determined from using the City of Mopiawoods tree replacement formula). To Nu# , ap :# of ttydrvnt located an the north side of County Road raldmateiy 822t feat west of the southwest corner of surveyed property. Hydrant is located adjacent to Harbor Pointe Office Condominiums.: Elevation + 958.89 (NGVD 1929) XO Wa Field survey was completed by E.G, Rud and Sans. Inc, on December 20 2406. Bearings shown are an an assumed datum. Curb shots are taken at the top and bock of curb- - This survey vas prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of o cement tide commitment or an attorneys tltie opinion. Property description is from a Warranty Dead dated January 8. 1998, recorded January 15, 1998 as Document No. 303510$. VICINITY Up PROPERTY BESCRIPTION: The west 296 feet of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 35, Township 30, Range 22, Ramsey County, Minnesota, except that part as aquired by the State of Minnesota by Warrany Deeds recorded as Document Nos. 1680181 and 1680182 rem -a■, TREE INVENTORY LISTING 33 .N OPMOD e EN . 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The proposed development would be accessible by a new public street cul -de -sac. The applicant has already petitioned the city to construct the public road and extend utilities into the site. The city is moving forward with the planning for the public improvements for this project. Their final approval and installation will be contingent upon city approval of the applicant's requests for rezoning, preliminary plat, and PUD. The developer is proposing to create a homeowners association for the PUD that would maintain items such as landscaping, water service lines, retaining walls, and fences. Public Street The submitted project plans should not contain detailed utility information within the proposed public right -of -way (This is because city staff would be doing all of the design in the public right of way, and the design layout of the public street and utilities is not know at this time. For example, the project plans show water main extension but this will not be allowed by North St. Paul as stated below). Tentatively, the public street is planned to be 28 feet wide with an 84 -foot diameter cul-de -sac for a safety turnaround (all measured face of curb to face of curb). The submitted plans shall reflect these dimensions, not back of curb dimensions. If this project moves forward, the design and layout will be provided by city staff along with plan and profile sheets of the public street and utilities. The engineer's project plans would have to reflect all as -built conditions of design and layout of the public design portion once completed. 2. The City ofNorth St. Paul has jurisdiction over the water main in this portion of the city. For this proposal, they will not allow the extension of the watermain. Rather, the contractor will tap water services into the watermain in County Road D and extend them to the right - of -way line of the proposed public street. All water services within the right -of -way would be the responsibility of the homeowners association. There is a fire hydrant located at the southeast corner of the property that would adequately provide fire flows for the development according to the City of North St. Paul officials. The distance from the existing hydrant to the furthest proposed structure would be 380 feet. The Maplewood Fire Marshal, via e-mail, stated that the existing hydrant is fine to serve the proposed development. 37 Page 2 of 6 Drainage Calculations 1. The proposed rate of runoff into the Mn/DOT right-of-way, from the infiltration basin, must be at or below existing rates for the existing 2, 10, and 140 year events. 2. To meet volume reduction and storm water treatment requirements, the project must infiltrate at least 1 -inch of storm water on -site for all impervious areas added to the site such as road surface, roofs, and driveways. Ponding & Infiltration 1. The contractor shall install the rock sumps within the proposed infiltration basin and the detail sheet in the project plans shall include City Plate No. 116, revised January 2047. 2. The project engineer shall show a 15 -foot wide maintenance access path from the cul -de -sac to the infiltration basin on the plans. The path shall be clearly called out the project plans and shall extend to a suitable location to enter the basin; not to the retaining wall. It appears the existing maintenance path would be located between buildings 6 and 7 where the storm pipe and emergency overflow path are located. The public drainage and utility easement shown dedicated throughout lot 11 is not wide enough for the maintenance path in this location. It appears Block 1, Lot 6 and 7 encroach upon this area. The city will require a 15 -foot wide drainage and utility easement over the centerline of pipe, and again Block 1, Lot 6 and 7 encroach upon this area. 3. During the staff review of the plans, city staff discovered that the bottom of the proposed 4- foot retaining wall on the south side of the infiltration basin is at an elevation of 946.00 and the high water level (HWL) was found to be at 947.50. This is not acceptable. The contractor shall install all parts of all retaining walls above the high water level. 4. Given the two comments above, city staff is concerned that this site may be too tight and is currently not conducive in providing= • the 15 -foot wide maintenance access path to a suitable location to enter the infiltration basin for maintenance purposes • the 15 -foot wide clear drainage and utility easement width over the centerline of drainage pipe • an adequate area for the infiltration basin without the use of extensive retaining walls The developer or project engineer shall address the above concerns to make the site acceptable to city staff. Option may include shifting units, adjusting unit sizes, or perhaps eliminating a unit or two. 5. If the Mn/DOT pond is found to be a no outlet pond then the applicant shall provide the elevation of the back -to -back 100 -year storm. The lowest floor openings adjacent to a no outlet pond shall be 5 feet above the HWL or 2 feet above the emergency overflow elevation, 01.1 Page 3 of 6 Wetlands The Mn/DOT storm pond is listed on the city wetland classification map as a Class 4 wetland. The city requires a minimum 20 -foot buffer with a 25 -foot average (no disturb area). The developer will have to ensure that all grading and construction will meet all buffer requirements for the wetland. The Ramsey - Washington Metro Watershed District may have additional comments pertaining to their classification and buffer requirements. The wetland edge needs to be delineated and the delineation line shown on the project plans along with the date of delineation and qualified delineator name. Grading 1. Show a typical detail of the retaining wall on the project plans. 2. Soil borings have been performed by Braun Intertec and the report has been attached as part of this review Groundwater was not encountered according to the report. 3. The contractor shall excavate the infiltration basin to the final bottom elevation after completing the major site grading. The contractor must take care to avoid compaction of bottom area in order to avoid losing the infiltration characteristics of the soil. If the infiltration basin does not perform as designed„ it is the responsibility of the developer's engineer and/or contractor to correct the problem. The city will withhold all escrow monies, and may coordinate with the city building department to withhold certificate of occupancies for buildings on the development site, until the proper functioning of the infiltration basin is restored. The city will take over maintenance of the infiltration basin after a satisfactory inspection to ensure its proper function. This is because public water from the public street would be running into the basin. 4. Since the soils report found slow draining soils in the area of the infiltration basin from elevation 945.5 to 948.0, the contractor will need to excavate and replace these soils with a sand - compost mixture. Below the 945.5 elevation the soils report shows a much better infiltrative material SM (silty sand) as defined in the Braun boring log profile. This soil type typically infiltrates at a rate of 0-60 inches/hour. 5. The developer's contractor shall contact City of Maplewood Engineering Department for inspection during infiltration basin construction and planting activities. Also, see Comment 1 under Landscaping (below). Erosion & Sediment Control Plan 1. The plan shall identify erosion and sediment protection on slopes and sediment controls at top and toes of slopes and base of stockpiles. 2. Identify the quantity of materials the contractor will be importing or exporting from the site (cu -yd)- 39 Page 4 of 6 3. Describe measures (e.g... sediment basin) taken during the rough grading process to intercept and detain sediment laden run -off to allow the sediment to settle and how the settled stormwater will be de- watered and introduced to the downstream drainage system. 4. The two existing catch basins in County Road D, just west of the rock entrance pad, need to have inlet protection devices installed with side inlet protection such as a WIMCO device or approved equal. This is to prevent sediment from entering the storm sewer system. The project engineer shall clearly call this out on the project plans. Describe measures ofonsite dust control (i.e. ... water as needed) and provide a sweeping plan for adjacent streets. 6. The following verbiage shall be added to the plan: "Effective erosion and sediment controls shall be in place prior to any storm events. " Failure to have measures in place during a storm event may result in the deduction of escrow funds (the city requires the developer or contractor to post escrow prior to issuance of the grading permit). The city will be ducting funds at the discretion of the city inspector upon notice to the developer or contractor, if the improvements are not made. Landscaping According to the city naturalist, the city no longer allows the contractor to seed infiltration basins due to a record of unsuccessful establishment. The project plans should clearly call out trees, shrubs, and perennials that the contractor is to plant in the infiltration basin. The city strongly recommends the use of native plants, especially on the bottom of the basin where water - tolerant plants are required. The basin plantings should be low maintenance. For further questions and information on plant species and planting density contact the city's naturalist Ginny Gaynor in Public Works at 651- 249 -2400. 2. According to the new city tree replacement ordinance, the project plans shall account for a total of 377 caliper inches. The developer tree plan shows 117 caliper inches being replanted on the development site. This leaves 260 caliper inches unaccounted for. City staff suggests applying more trees to the site and/or coordinating with staff on a revised tree and shrub planting layout for the site to meet more closely the intentions of the new tree replacement ordinance. Agency Submittals 1. The Ramsey- Washington Metro Watershed District (Tina Carstens) must review and approve the project plans. 2. Plans must be submitted to Mn/DOT for review and approval since drainage will flow into the 1b4n/DOT right -of -way and into the MnlDOT storm pond. 3. The City of North St. Paul will review all water related service extensions. 40 Page 5 of 6 4. The applicant or project engineer needs to get a general stormwater permit needs to be obtained from the Minnesota Pollution Control Agency (MPCA). 5. Submittals and approvals are not necessarily limited to those mentioned above. Traffic 1. The city collected traffic volume and speed data in 2003 just west of the development site on County Road D as tabulated below: Average Daily Traffic (ADT) = 4,627 vehicles AM Peak Hour Volume = 256 vehicles PM Peak Hour Volume = 433 vehicles Posted Speed Limit = 30 mph 85 h Percentile Speed = 40 mph (speed separating the slower 85% from the fastest 15 %) 5CP Percentile Speed = 35 mph (average speed of vehicles) According to The Institute of Transportation Engineers (ITE), a townhome dwelling unit generates 5.86 trips per day. For ten dwelling units, this would amount in 59 vehicle trips per day of increased traffic on County Road D, approximately 1.3% of the existing total. In addition, the proposed development would generate approximately 5 vehicles for both the AM and the PM peak hour. This is negligible compared to the existing AM and PM peak hour volumes of 256 vehicles and 433 vehicles, respectively. The greatest peak hour traffic of 433 vehicles plus the additional 5 vehicles per peak hour of new traffic equates to 438 vehicles per peak hour. On County Road D, this equates to about 1 car every 8.2 seconds during the peak one hour period and a new average daily volume of 4,686 vehicles. To add perspective; County Road D would still operate an acceptable level of service with a 300% increase in peak hour volume and a 300 0 /6 increase in average daily traffic from the existing conditions. With these findings, the traffic levels on County Road D are now well below the capacity of the road and the proposed development would have a negligible impact on the existing County Road D traffic. For the analysis, it was assumed the units were not limited to seniors, but the developer is proposing senior units, which generally can reflect a 30 -40% traffic reduction according to TTE. 2. According to as -built plans, County Road D has a width of 28 -feet face of curb to face of curb, with 6.5 -foot (approx.) boulevard width sloped at 4% towards the street. There is existing sidewalk and trail on the south side of County Road D, from White Bear Avenue to about 350 -feet west of the proposed development site, where a bituminous trail begins to extend away from County Road D and extends south of the city farm and continues east to connect to McKnight Road, approximately 410 -feet south of County Road D. The city had the trail built in 2002 when the city had County Road D reconstructed. There is no sidewalk on the north side of County Road D between White Bear Avenue and McKnight Road. 41 Page 6 of 6 Noise The developer provided the city information about the estimated noise levels for the development site as reference in the report prepared by David Braslau from David .Braslau Associates, Incorporated For the year 2030, the predicted noise levels at the building sites range from L 14 (dBA) = 68.3 to Lla (dBA) = 76.4. For residential areas, the Minnesota State Noise Standards for daytime (7 a.m. -10 p.m.) is Llo (dBA) = 65; and Llo (dBA) = 55 for nighttime (10 p.m. -7 a.m). Thus, the building units must provide noise reduction to be in conformance with Minnesota State Noise Standards. L10 (dBA) is the sound level in decibels which is exceeded ten percent of the time for a one hour survey. The developer is proposing to reduce sound transmission in order to meet Minnesota State Noise Standards by using special construction techniques for the building units in terms of sound transmission class (STC). For example, wall construction would be proposed to meet a STC of 52 because this sound reduction is needed to overcome the lower STC values of windows and doors to achieve an STC 45. The STC of 45 would likely be provided for all building units in order to reduce noise levels by L10 (dBA) = 40. The City's Building Department would need to verify that building plans properly meet special construction standards before issuing a building permit. The city encourages berming as a noise reduction technique but this site is not conducive to berming since the property slopes down towards I -694 and there is a Mn/DOT ditch that serves to transport and hold water along the right -of -way line. In addition, new berming may impede the natural drainage flow from the site into the Mn/DOT right of way. Miscellaneous 1. The developer or project engineer shall submit a copy of the MPCA's construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 2. The owner and project engineer shall satisfy the requirements of all permitting agencies. 3. The developer shall coordinate with the city in provide lighting to the development. The city will require a light standard at the intersection of the new street and County Road D and one at the end of the cul -de -sac. The developer will need to coordinate this installation with Xcel Energy when electrical service is extended into the site from the available 3 -phase overhead power lines on the north side of County Road D. Also, gas main extension into the development site from the south side of County Road D will be coordinated with Xcel. 4. The city will prepare a developer agreement that will delineate private work from public work if the city approves this project. For example, the city will require the developer to rough grade the development site, construct the infiltration basin, and bring the proposed public road within a 0.2 -foot tolerance of final grade. 42 Attachment 16 devid br assooiates, incorporated 1313 5th street mm • suite 322 6 minneepoils. mn 55414 telephone: 612-331 -4571 0 fmt: 612- 331 -4572 MEMORANDUM TO: Doug Andrus Andrus Homes 2444 Charles St. N. Suite 210 No. St. Paul, MN 55109 FROM: David Braslau 15 March 2007 Re: Pond Lookout - Exterior Facade Design to Mitigate Highway Noise This memorandum addresses the exterior facade design of homes proposed at Pond Lookout to minimize the impact of traffic noise and comply with Minnesota noise rules. Estimated Hi way Noise Levels Noise levels were modeled using the same traffic assumptions used in our traffic assessment for the I -694 improvement from Rice Street to I -35W. Distances from the east and west lanes were based on information that you provided as well as highway cross sections and aerial photographs. Traffic noise levels are estimated for the year 2030 but are only several decibels higher than existing traffic since the projected increase in traffic volume is relatively moderate. The site layout and unit numbers are shown on Exhibit 1. Predicted noise L10 noise levels (levels exceeded 10% of the peak hour) are shown in Table 1. The 6 to 7 am sound levels, which fall under the state nighttime period for noise, are similar to those shown in the table. Table 3 Predicted Traffic Noise Levels (2030) Unit L10 (dBA 1 68.3 2 68.3 3 70.2 4 71.9 5 75.3 6 76.4 7 76.4 8 76.4 An outdoor - indoor noise reduction of 40 dBA if the outdoor level L 10 level is greater than 70 dBA. An outdoor- indoor noise reduction of 30 dBA is needed if the LIO level is between 65 and 70 dBA. c:tdocuments and settingstadministratorllocal settingsttemporary intemet files\ content. ie51hseOs7bktandrus _0315_mem.doc 43 Doug Andrus on Pond Lookout Exterior Fagade Design 15 March 2007 Page 2 STC values needed to meet a 40 dBA and 30 dBA noise reduction Since the sound transmission loss for building elements is normally specified in terms of STC (sound transmission class) which was developed for speech frequencies, an adjustment factor of S dBA is normally used to account for the lower frequencies associated with traffic noise. Therefore, a building facade with a 40 dBA noise reduction will need to have a composite STC of 45, taking into account the relative areas of the wall, windows, and doors. A building facade with a 30 dBA noise reduction will need to have a composite STC of 35. Methodoloav for evaluating facade elements The wall, window and door areas for rooms facing I -644 were determined and used to estimate the composite or overall noise reduction of each wall, based upon the STC of the wall, window and door. A wide range of building elements were reviewed and analyzed, along with our continuing discussions during this process. The recommendations below are the results of this process. Wall construction The best construction identified for an exterior residential wail, for which STC data are available (that does not require exterior brick, stucco, or resilient sound channels) is the following: + Vinyl siding + Two layers of 7/16" OSB * Staggered 3.5" wood studs at 16" o.c. + Fiberglass cavity insulation + Two layers of 112" gypsum board. This wall has a laboratory measured STC of 52. This level of sound reduction is needed to overcome the lower STC values of windows and doors to achieve an STC 45. If an STC 35 is required, a standard 2x6 wall with siding and gypsum interior could be used, although this assessment has not evaluated alternative combinations with that type of wail. Using the same good wall thoughout will ensure that the overall transmission loss can be achieved with available windows and doors. cAdocuments and settingAndministnWelocal settingsVemporary intemet files\ content. ie5ihse4s7bkiandrus _6315_mem.doc 44 Doug Andrus on Pond Lookout Exterior Fagade Design 15 March 2007 Page 3 Patio Doors (assuming an STC 52 wall) The most effective option of providing outdoor access for doors facing the highway is the use of a single swinging door with a storm. With some manufacturers providing swinging doors with appropriate glazing that have an STC 36, addition of a storm will bring this up to STC 40 or STC 41 which, with the STC 52 wall, will provide the needed overall STC 45. Patio doors with an STC of 28 to 30 could be used for units where the L 10 level is below 70 dBA which would include Units 1, 2, 9 and 10, and units 3 and 4 if a noise fence is used on the highway facing side of the patio. Windows While window dimensions vary somewhat from room to room, it is recommended that windows with STC 40 be used. Windows that provide an STC value within 1 or 2 dB of this value will be satisfactory. Other issues In addition to good wall construction and high STC building elements, it is critical that good building practices be followed such as caulking any potential sound leaks in the walls and around window and doors, providing bends in any through- the -wall or roof vents to avoid direct sound paths and enclosing fireplaces if used. Careful construction practices to ensure that pipes or insulation in the exterior wall not touch both sides of the wall so as to compromise the attenuation capability of the wall. Thank you for the opportunity to assist with this project cAdocuments and seuingsWrninistrator\local settings \temporary intemet files\ content, ie5 lhseos7bklandrus_03 15 mem,doc 45 Doug Andrus on Pond Lookout Exterior Fagade Design 15 March 2007 Page 4 c:\documents and settings\administratorUmal settingsVemporary intemet fzles\content.ie5\vtw4a7vy\,mdrus kv. GRAPHIC SCA ----------- 4 G'4Wl 5, # NON SYSTEM r.MMATED PRIC=0 CUOTE: 00000002 Q'T'Y - I MARK UNI'T' RO 39 3/4" X 52 7/8" - 2WIH 8.01 **Al C t00x 236.44 CX 2422 rG - 1 LITE M Add for feathsrweight laminated glass on # surface 2 LEA ors surface 3 TAW B tI W /ARGON 22.04 T? SASH LOCI 0.00 9TTQ1 WHITE SURRC= � ,� 0.00 CHARCOAL ALUMINUM V= - t i � 0.00 .b * C UDH 258.44 CbT 2422 IG - x LITE # Add for featherweight laminated glass on # surface 2 LEA on our4ace 3 173.63 LOW S ZT W /AR'RM 22,04 TP SASX LCCX 0.00 SCREEN 24.04 STONE' WRITE zu"OUL 0100 CHARCOAL. FIBERGLASS MESH 0.00 co"== ON =XT PAU 47 > 6.102 X%RVIN W==OW QUOTE 03/0 * +* CA=ZCW: IT TS RECOMMEMMW THAT A M=TNUM OP 1/4 BE ADDED t +: r T8 Tlx ROUGE QFSNTNG xz=GRT wHEN usm MARrw 5ILLGmw * *• + +♦ M41T AVAILABILITY AND PRICE SLMJZCT TO CHANGE * *w ** NET PRICE (;Ln USD) + PROJECT: Aadx'u$ 'TOtlA�7rIOSSieB :r13ZV�.2i S:C 39 QUOTE: 0:000000I - Q:'Y : 2 XA6T K ==Z - - C MR 398.65 797.36 CX 4026 RG 46 3/8" X 60 - ra - I LITE 0 Acid f featherwe laminated # glass, on surface 2 LEA On ,surface 3 307.19 $14.38 zzw E LT WAR = 39.4.0 78.80 TP SASE LACK o. 08 0.00 COMR3VAi.T.ZON 143.58 2a7.16 STONE W3:T5Z SURROL= 0.00 0.0c CAAR1COAL ALUMINUM WT:4E 0.00 0100 NAIL32M &= 0.00 0.00 S 9116+' ZTAMS 30.05 60.10 sA Pnm Tlaf'M.ZOR _ 0 0 STONE WHITE CLAD EXTERIOR � 0.00 0100 NO CSG 0.00 0100 � TOTAL SET PRICE �w....- 3:13 0 1,837.80 # NON SYSTEM r.MMATED PRIC=0 CUOTE: 00000002 Q'T'Y - I MARK UNI'T' RO 39 3/4" X 52 7/8" - 2WIH 8.01 **Al C t00x 236.44 CX 2422 rG - 1 LITE M Add for feathsrweight laminated glass on # surface 2 LEA ors surface 3 TAW B tI W /ARGON 22.04 T? SASH LOCI 0.00 9TTQ1 WHITE SURRC= � ,� 0.00 CHARCOAL ALUMINUM V= - t i � 0.00 .b * C UDH 258.44 CbT 2422 IG - x LITE # Add for featherweight laminated glass on # surface 2 LEA on our4ace 3 173.63 LOW S ZT W /AR'RM 22,04 TP SASX LCCX 0.00 SCREEN 24.04 STONE' WRITE zu"OUL 0100 CHARCOAL. FIBERGLASS MESH 0.00 co"== ON =XT PAU 47 4 aU ss WFLP - 1�. FLA-Trm �..-. lei46 m 1 r-cb. it4WL. Attachment 17 on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant to the extent this Declaration or the rules or regulations conflict with any codes, ordinances or laws, the more restrictive provision shall apply. 7.10. Alterations. Except for those made by Declarant in consideration of its initial sale of a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations ") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or another Unit or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 8 and without the prior written consent of the City. Subject to the rights of the City pursuant to the PUD Agreement, the Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.11. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.12. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 14. 7.13 Land use by Adjacent Landowners. Owners understand that one of the uses of the lands adjoining the Property is for the 694 freeway. Owners further understand that neither the City of Maplewood nor the Minnesota Department of Transportation have any plans to put up a sound barrier wall or any other type of barrier wall between the 694 freeway and the Pond Overlook Property. Highway /freeway uses often produce sights, sounds, and smells that some may deem undesirable in residential neighborhoods. Traffic operations take place between early morning and late at night. Sights, sounds and smells may be present as a result of traffic, weather, and road conditions. These are protected activities. Nothing in this instrument shall be construed to give any Owner a right to assert any claim or lawsuit against the Declarant or any neighboring landowner, including but not limited to the City of Maplewood and the Minnesota Department of Transportation, arising from lawful use of the freeway, or as a result of any noise, dust, sights and odors associated with freeway/highway use. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictions on Alterations. Subject to paragraph 7.10 hereof the following restrictions and requirements shall apply to alterations on the Property: 13 49 Attachment 18 ANDRUS HOMES 2440 Charles Street N., Suite 210 North St, Paul, MN 55109 651 - 777 -0111 Fax 651- 777 -0999 andrusbuilt.com Tree Replacement According to the new tree replacement formula, this two -acre site would need 377 inches of tree diameter put back on the site. The tree replacement plan calls for trees that are a minimum 2.5 inches in diameter that would translate into approximately 151 trees. Depending on the species of tree, the install price would be between $200 - $400 for each tree. If we took the average of $300 a tree, that would be a total of $45,300 for just trees on this site, or $4,530 per home {I0 townhomes }. The new tree ordinance does not take into consideration what type of zoning it is. For example, if you take the same layout and put single family homes on the property, that would give you five (5) homes at a cost of $9,060 per home of trees; or if the property was zoned for apartments and you put a three -story apartment with 40 units, that would work out to $1,132 per unit which seems more reasonable. The new tree ordinance also does not take into consideration how large the parcel is. This site works out to be $22,650 per acre. If this site was 10 acres with the same amount of trees to be replaced, it would then work out to $4,530 per acre or $906 per unit as the site is five times as large, thereby giving you five times as many units (10 x 5 = 50) $45,300 / 50 = $906. And finally, the new tree ordinance differs from the old ordinance and the other city tree ordinance in that you did not have to include the scrub trees you are removing, which included Box Elder and cottonwood trees. These are trees no one wants in their yard nor will the city let you plant them as a replacement tree. Yet the new tree ordinance makes you count them. As I said in the beginning, according to the new tree ordinance I have to replace 377 inches of diameter or roughly 151 trees. If I was not required to count scrub trees, which I have 198.5 inches or Box Elder and 72.5 inches of Cottonwood for a total of 271 inches using the new tree ordinance formula, the total caliper inches for replacement would be 104 inches or 42 trees, 42 x $300 = $22,600 or $1,260 per unit which seem fair. As you can see from the examples above, I believe the new tree replacement plan needs to take into account how large the parcel is and what type of zoning is it and also why should you have to count scrub trees that everyone in the neighborhood are happy to get rid of and the city will not let you plant, yet they count against you. The tree replacement formula should be used as a guideline with each development looked at individually. Most people wonder why developers cannot develop affordable lots/homes; and the hard facts are that land cost, engineering, and utility installation are all expensive; they cast what they cast, and there is nothing we can do about it but requiring $4,530 per home in just tree replacement (which is equal to 25 percent of the total road, sewer and water installation per unit) makes it very hard to keep these homes affordable. Sincerely, Doug Andrus 51 Attachment 19 ZONING MAP CHANGE RESOLUTION WHEREAS, Doug Andrus, representing the developer and property buyer, applied for a change to the city's zoning map from F (farm residence) to R-2 (single and double dwellings). WHEREAS, this zoning map change applies to property on the north side of County Road D now known as 2161 County Road D East (PIN 35-30-22-44-0011.) WHEREAS, the legal description of the property is: The West 298 feet of the part lying Southerly of Highway 694 of SE' /4 of SE 1 /4 (subject to Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011). WHEREAS, the history of this change is as follows: On May 21, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On June 25, 2007, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and schools. 5. The prospective owner is proposing to develop the property with double dwellings. The Maplewood City Council approved this resolution on June _, 2007. 52 Attachment 20 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Doug Andrus, representing Andrus Homes, applied for a conditional use permit (CUFo) for the Pond Overlook residential planned unit development (PUD). WHEREAS, this permit applies to property on the north side of County Road D now known as 31G1 County Road [j East (PIN 35-3O-22-44-0O11.\ WHEREAS, the legal description Of the property is: The West 288 feet Ofthe part lying Southerly Vf Highway 094of8E (subject t0RO@d\ in Section 35. Township 3O. Range 22. (PIN 35-3O-22-44-OO11). WHEREAS, the history nfthis conditional use permit inomfollows: 1. [)n May 21 the planning commission held a public hearing. The city staff published 8 notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the proposed permit. 2. OD June 25.20O7. the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW' THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code Ofordinances. 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 nO@teh@|S 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, d[@iO8g8 vv@he[ RJD-Of[ vibration, geOH[@| UOSight|iDeSS. S|HCthC@| interference Or other nuisances. 5. The use xvnu|d generate only minimal vehicular traffic nn |nna| streets and vvnu|d not create traffic congestion Qr unsafe access Qn existing Qr proposed streets. O. The use would be nerved by adequate public facilities and services, including stnanta, police and fire protection, drainage structures, water and sewer systems, mnhnn|m and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation nf 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 b] the following conditions: 1. All construction shall follow the plans date-stamped April 19 and the landscape p|@DS dated June 12,2OO7 except where the city requires changes. Such changes shall include: 8. Revising the grading and site plans tOshow: M\ Revised mtnnn water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (3) The developer minimizing the loss 0r removal Qf vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major ohangemtnthep|anm. The city planning staff may approve minor changes. 2. The proposed construction must b8 substantially started within one year 8f council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2OO7 and the plans shall include: G. The grading, utility, drainage, erosion C0Dt[V|. streets, driveway, tn8i|8 tree preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer Or contractor shall install @fOUr-tOot-high black, vinyl-coated chain- link fence 8t the top Of the retaining wall. (2) Provide for staff approval a detailed storm vvo[er management plan. 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site pondanddnainaQeeanomentn.ifopp|imsb|o. 5. The developer 0r contractor shall: m. Complete all grading for the site drainage and the pond and meet all city requirements. MI b. temporary orange safety fencing and signs a[UhnQnadinQ|imhm. C. Remove any debris, junk O[ fill from the site. d. Get a demolition permit from the city for the removal of the existing house from the This removal shall include all foundation materials, concrete and other related materials from the site. e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have tO build the town houses sV that they can meet the noise standards. The contractor or builder may @CCVOOp|iSh this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. M. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: @. Front-yard setback (from 8 public street V[8 private driveway): OOiOiD0UD1 - 20 feet, maximum —35 feet b. Front-yard setback (public side street): nnininnurn - 30 feet, nnaxinnunn - none C. Rear-yard setback: 2O feet from any adjacent residential property line 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit @t the time Vf the building permit for each housing unit. 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2007. MA DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 21, 2007 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. Ill. ROLL CALL Vice-Chairperson Tushar Desai Present Chairperson Lorraine Fischer Present Commissioner Harland Hess Present at 7:06 p.m. Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present at 7:02 p.m. Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary Michael Thompson, Staff Engineer V. PUBLIC HEARING b. Pond Overlook (2161 County Road D) (7:45 p.m.) Mr. Roberts said Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town houses in a development called Pond Overlook. It would be on a 1.9-acre site on a cul-de-sac on the north side of County Road D, south of 1-694 and west of McKnight Road. A homeowners' association would own and maintain the common areas. Each building would have horizontal-lap vinyl siding, aluminum soffits and fascia and a stone veneer on the front. In addition, each unit would have a two-car garage.The proposed development plan is consistent with the density allowed by the comprehensive plan for the property. Specifically, the 10 new units on the 1.9-acre site means there would be 5.3 units per gross acre. This proposal would meet the density standards outlined in the Maplewood Comprehensive Plan for this site. In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first ring suburbs. This is a good site for twin homes. It is on a collector street (County Road D) and near a major collector street (McKnight Road), and near an arterial street (White Bear Avenue). Commissioner Hess asked about the footing depth relative to the pond to the west for units 3 and 4? Michael Thompson, Maplewood Staff Engineer, addressed the commission. He said the low floor elevations for those units is 952 and the high water level for the pond is 942 so the pond high water level is 10 feet lower than the low floor elevation. He said he couldn't speak to the depth of the footing. Planning Commission -2- Minutes of 05-21-07 Commissioner Hess said the footings come into question regarding whether they are going to be out of the water table. If the footings are in the water table you run into trouble. Mr. Thompson said the firm Braun-Intertech took 3 soil borings on the site and dug to 15 foot depths and didn't find any ground water on the site. Mr. Roberts said typically footings are four feet deep so if they are four feet below the lowest floor level the footings would still be 6 feet above the known high water level of the pond. The city standards require that the lowest floor level be at least five feet above a no outlet pond. If the pond has an outlet or overflow, then the lowest floor has to be at least two feet above that. 10 feet is clearly well above the known elevations of the pond to the west. Commissioner Hess said regarding the wall construction for noise, it looks like there is a 2 x 4 staggered wall construction at 16-inch on center with fiberglass insulation in between, it looked like the total wall thickness would be 7'l2 inches with double sheetrock on the inside and double OSB on the exterior with vinyl siding. Is that the proposed construction for the wall? He saw an alternate for a 2 x 6 wall but that wall looked like they weren't sure that would meet the sound transmission class (STC). Mr. Roberts said staff understood the wall section the applicant proposed to use is shown on page 48 in the staff report that meets the Minnesota State Noise Standards. Commissioner Hess said the window size is another area where sound can transmit and he saw a proposed window quote for Marvin Windows on page 47 in the staff report. It looked like the applicant planned on using a 46 x 60 window which seemed like a fairly large area for sound to transmit. The elevations he looked at appear smaller than what the window quote shows. Mr. Thompson said regardless of the window size you can still meet the STC rating using a larger window. Commissioner Trippler said when he walked the site he noticed a stainless steel cross in the ground along the chain-link fence and he asked if someone was buried there? Mr. Roberts said staff didn't see that on the site and was unsure what the cross was for unless there was an accident there and the cross was a memorial. Commissioner Trippler said if you draw a straight line from the back of the house going west and then go north along the fence line about 15 to 20 feet that is where the cross is. He said he noticed many things on the property such as gasoline, oil, engines, tires, and vehicles on the property. He asked if this property would be inspected by the IVIPCA as a possible brown field? Mr. Roberts said maybe DuWayne Konewko from Public Works Department could go to the site and give his opinion of the site. Planning Commission -3- Minutes of 05-21-07 Commissioner Trippler said on the southwest corner of the dog pen there are three real fire hydrants on the property and one of the fire hydrants is missing the top nut which he assumes is where the valve is that turns the hydrant on and off. He asked if those fire hydrants are connected to the city's water supply? Mr. Thompson said the water doesn't extend into the site. Mr. Roberts said the water is only in County Road D at this point. Mr. Thompson said there is a 1 1 /2 inch copper service near the right-of-way at County Road D. Commissioner Trippler asked why there would be three fire hydrants on the site? Mr. Roberts said staff didn't know. Commissioner Trippler said when he served on the Environmental Committee for 2'l2 years they worked on the tree ordinance and when the applicant had the forester inventory the trees on the site he indicated the tree condition as good, fair or poor. He said he was pretty sure that a criterion in the tree ordinance was if trees on the property are in extremely poor condition or diseased, those trees can be taken out of the consideration for the total tree caliber replacement. He said the applicant should get together with city staff regarding that. The city was supposed to get a forester, but didn't. The applicant should find out what trees need to be replaced and which trees don't need to be replaced. Some trees in poor condition such as the silver maple could reduce the number of tree calibers that needed to be replaced and might be able to be taken off the list. If there isn't enough room on the property to replace the trees there is the option of paying the city in place of planting trees or the applicant could maybe plant trees on the Bruentrup farm site to comply with the tree ordinance, so there are other options for the applicant. Commissioner Trippler asked staff what the city's parking requirement would be for 10 units? Mr. Roberts said the code requires one garage space per unit and one off street parking space per unit. In this case this development will have two spaces in the garage and two parking spaces in the driveway, which exceeds the parking code requirement. Commissioner Trippler said the intent is that the city doesn't want cars parking on County Road D. Mr. Roberts said correct. Commissioner Trippler said he didn't see any sidewalks on the plan. He said he thought the city was going to encourage all developments to have sidewalks. Mr. Roberts said there is a trail system that winds through the Bruentrup Farm site and the open space. With the ponding area it didn't seem to make sense to have a segment of sidewalk going nowhere. With a trail system like this which goes to the west and to McKnight Road to the east, it was staff's opinion the trail system is sufficient for the needs of this area. Commissioner Trippler asked why there wasn't a sidewalk within the development itself? Planning Commission -4- Minutes of 05-21-07 Mr. Roberts said sidewalks are most beneficial when you have a busy street in a neighborhood and having ten units in this development won't generate a lot of traffic or cause a public safety risk. It's going to be the neighbors driving in and out of the development and staff doesn't see a benefit to having a sidewalk to County Road D. There may be a need for a painted crosswalk to cross County Road D to get to the trail on the open space and the Bruentrup Farm. Commissioner Trippler said the staff report says on page 13, in item D.; which the CDRB will be making a recommendation on, that the plans are date-stamped April 19, 2007. However, he didn't see a date stamped anywhere on the plans. Mr. Roberts said he must have missed stamping the plans, but April 19, 2007, is the date staff received the plans. Commissioner Trippler said on page 38 of the staff report, in number 4. of Michael Thompson's engineering report, it states, Given the two comments above; city staff is concerned that this site may be too tight and is currently not conducive in providing: the 15-foot wide maintenance access path to a suitable location to enterthe infiltration basin formaintenance purposes, the 15- foot wide clear drainage and utility easement width over the centerline of drainage pipe, and adequate area for the infiltration basin without the use of extensive retaining walls. He asked if staff has made any progress with resolving these issues with the applicant? Mr. Thompson said he has been working with the developer's engineer and they have a dedicated 15-foot wide drainage and utility easement over the center line of pipe and they did some revisions to the grading plan so the retaining wall would not exist at the maintenance entrance. Therefore, two of the three bulleted items have been taken care of. The applicant regraded the infiltration basin which reduced the retaining wall height from 4-feet in height to an average of 3.5-feet tall. Before that the maintenance path was going to extend to the retaining wall edge, which is not conducive to cleaning out the infiltration basin. Mr. Roberts said the city received this information today and the developer's engineer is working with our city engineer to address the concerns. Commissioner Walton said he understood this to be an infiltration basin, he asked what is involved with cleaning out the basin? Mr. Thompson said once every 10 to 15 years sediment gets in there even though a sump that catches a majority of sediment. You can tell when things aren't working when it starts to pond up. That's when somebody from the city maintenance staff would go and muck the pond out to take the sediment and silt out and regrade the bottom sand area of the pond. Mr. Roberts showed a map on the overhead of what Mr. Thompson was referring to. Planning Commission -5- Minutes of 05-21-07 Commissioner Pearson had a question regarding page 6, in the third paragraph. He asked about the staff comments regarding the garage forward design. He said this came up about four years ago when Will Rossbach was on the planning commission and he wanted to have an overlay ordinance in Maplewood to prohibit this type of design. He thinks the proposal is a good design; it has some practical advantages in terms of economics and construction and it shortens the driveway which makes for less impervious surface. Rather than trying to discourage that type of design, what is the primary objection to this type of design, what design is a better design, and is everyone going to have a home with a detached garage because two or three people in the city think it's a bad design? He objects to the idea that a few people want to decide what is best for Maplewood regarding what a neighborhood should look like. As long as the design meets the footprint, setback and the elevation, he doesn't know what right people have to say one design is not acceptable. He said he knows this isn't the planning commission's area but if that ever came before the commission as an ordinance there would be a battle. Mr. Roberts said a few years ago the community design review board felt some designs with the garage in front over dominates the site. If you are driving down the street and all you see are large garage doors and everything else gets lost. The hope is to soften the look of the garage doors that dominate the architecture from the street. That can be done by adding a porch across the front, different style garage doors, wainscoting or other features help dress up the expanse of garage doors. Horizontal vinyl siding also makes for a plain design. The idea is to try and dress up the front facades of that type of design to give it more curb appeal. Commissioner Yarwood said on page 16 of the staff report, in item g., it states these elevations should show that the town houses will have tones of ivory and beige-colored vinyl siding. He said he knows this isn't something the planning commission reviews, but he feels that the city should encourage developers to use other colors besides shades of beige. There are a number of new developments such as in Woodbury that have used stronger colors but they are used in such a way that it makes the development look very nice. Mr. Roberts said actually the applicant is proposing to use three colors. The design elements are something the CDRB reviews. Commissioner Trippler said he asked one of the CDRB members about the "snout nose" design and they said an example of a snout nose design if off McMenemy Street where all you see is the garage doors dominating the front and you don't see the rest of the structure. The board members don't care for that design and think it's unattractive. He said he knows somebody that lives in a development like that in White Bear Lake and they like that design because it pushes the garage forward and moves the living portion of the house farther away from the road which gives more privacy. It's all in the eye of the beholder. He said as long as the garages themselves are reasonably attractive, it's alright to have that type of design. He doesn't think vinyl siding looks nice no matter what color is used. Commissioner Walton asked staff to point out on the plan where the infiltration basin should have curved edges to make it look more natural. Mr. Roberts showed the plan on the screen and said that has to be approved by the Ramsey- Washington Watershed District and the engineer. Planning Commission -6- Minutes of 05-21-07 Commissioner Walton said he likes the idea of putting plantings around the infiltration basin. You might be able to get away with putting some trees in the back of the infiltration basin that can withstand wet conditions. Mr. Thompson said he would make a note that the Engineering Department was going to look at , .v.dding some shrubs or trees in that area. Chairperson Fischer asked the applicant to address the commission. Mr. Doug Andrus, Andrus Homes, 2440 Charles Street North, Suite 210, North St. Paul, addressed the commission. He said he thinks what the board members were referring to is a "snub nose" design where the garage sticks out 20 feet. This design shows the garage and the front of the home in a nice design mix. The color palette is also quite nice. Regarding the tree planting, he is bothered by the fact that a majority of the trees that are going to be taken down are box elder and cottonwood trees which are junk trees. In the past the city didn't count those trees because they are scrub trees. You can't plant those types of trees but yet they are counted against you in the tree replacement plan. If you took out the box elder and the cottonwood trees from the tree inventory, he wouldn't have to replace as many trees on the site. He does want to plant more trees along the fence but he thinks the tree ordinance needs to be fixed as far as counting scrub trees like box elder and cottonwood trees that people are happy to get rid anyway and they shouldn't count on the tree plan which costs the developer more money? Commissioner Hess said even though box elder and cottonwood trees are scrub trees, the thought is that those trees provided cover and if you remove the tree coverage you are left with bare landscaping. Commissioner Walton said there are trees shown in the inventory plan that are in "poor" condition and he agrees that it doesn't seem right to have to replace those. He wondered if that could be negotiated. Mr. Andrus said some of those trees are taken off the list already. Commissioner Trippler asked if the applicant had acquired the property yet? 1719 KATITOT091 M • me Commissioner Trippler asked if the homeowner still lives there? Mr. Andrus said yes. Commissioner Trippler said it appears that the homeowner has been doing some work on vehicles on the property according to the gas and oil he saw on the land. He asked if the applicant knew how the homeowner was handling disposal? Mr. Andrus said supposedly the homeowner does landscaping and grass cutting for a living and is not an auto mechanic. Chairperson Fischer asked if the applicant had any questions for the commission? Planning Commission -7- Minutes of 05-21-07 Mr. Andrus said no. Chairperson Fischer asked if anybody in the audience wanted to speak to come forward. Mr. Dave Huebel, 2191 County Road D, Maplewood, addressed the commission. He lives in the second house over from this site. There is a dog buried by the fence where the cross is on the property. The homeowner has never been an auto mechanic. You see oil on the property but he doesn't foresee a problem with past dumping on the site. He has lived here 15 years and this property owner has lived there for about 10 years. He said we encourage this development in our neighborhood and look forward to it. He said the applicant can plant trees in his yard at 2191 County Road D if he wants to rather than at the Bruentrup Farm. The three fire hydrants on the property in question are stolen along with half of the other items on the property. The property owner never ran a business on this property. Prior to this they made mattresses at that property. He said they are looking forward to having a nice neighborhood to live next to. I Commissioner Walton said he read on page 39 of the staff report that the city will take over maintenance of the infiltration basin after a satisfactory inspection to ensure its proper function. This is because public water from the public street would be running into the basin. He wanted to point out that the city better watch how they are doing things because the city is going to maintain it. Mr. Thompson said the city has an inspection list they follow will do a final walk through before the city would accepts things back to the city. If the final inspection doesn't pass, the city won't accept improvements from the developer to the city. Commissioner Yarwood moved to approve the resolution on page 52 of the staff report. This resolution changes the zoning map for the Pond Overlook plat on the north side of County Road D and west of McKnight Road. This change is from F(farm residence) to R-2(single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this property with double dwellings. Commissioner Yarwood moved to approve the resolution starting on page 53 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Pond Overlook development on the new cul-de-sac on the north side of County Road D (on the property now known as 2161 County Road D). The city bases this approval on the findings required by code. Approval is subject to the following conditions: All construction shall follow the plans date-stamped April 19, 2007, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. Planning Commission -8- Minutes of 05-21-07 (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install a four-foot-high, black, vinyl-coated chain-link fence at the top of the retaining wall. (2) Provide for staff approval a detailed storm water management plan. 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk or fill from the site. d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. Planning Commission -9- Minutes of 05-21-07 e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum — 20 feet, maximum — 35 feet b. Front-yard setback (public side street): minimum — 30 feet, maximum — none c. Rear-yard setback: 20 feet from any adjacent residential property line d. Side-yard setback (town houses): minimum — 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. Commissioner Yarwood moved to approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements. This shall include any off-site easements and ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot. d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light shall be at the intersection of County Road D and the proposed street (Furness Place) and the second near the north or east end of the street near the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic-control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. Planning Commission -10- Minutes of 05-21-07 g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. Commissioner Yarwood moved to have the city engineer approve the final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. M111 11111TOM R I Lei a I 12 r-Mel in 41162 • [. OF I I rel 115671% 091 0 01 V-4 I I I I I I I R I &JR (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet or as may be required by the city engineer. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-foot deep and protected with approved permanent soil-stabilization blankets. (10) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. Planning Commission -11- Minutes of 05-21-07 (11) As little grading as possible east of the proposed cul-de-sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. C. *The tree plan shall: (1) Be approved by the city engineer • environmental manager before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 1 /2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road D to the south. (c) along the east side of the site to help provide screening of the new constructions from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. Planning Commission -12- Minutes of 05-21-07 (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. 1 11 1 l IIl1!1!1J ;Ir;'� (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm-water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: .2. Complete all grading for overall site drainage, rough grading, and the tolerancing of tl2m; public road and meet all city requirements. 7. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, any outlets, private utilities, water services, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. Planning Commission -13- Minutes of 05-21-07 d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Obtain the necessary approvals and permits from MInDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. Commissioner Pearson seconded. Ayes — Desai, Fischer, Hess, Pearson, Trippler, Yarwood The motion passed. This item will be heard by the CDRB on Tuesday, June 12, 2007, and to the city council on Monday, June 25, 2007. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 12, 2007 I. CALL TO ORDER Vice - Chairperson Olson called the meeting to order at 6:06 p.m. I1. ROLL CALL Board member John Demko Present Vice - Chairperson Matt Ledvina Present until 7:21 p.m. Chairperson Linda Olson Present at 6:09 p.m. Board member Ananth Shankar Present Board member Matt Wise Present Staff Present: Shann Finwall Planner Lisa Kroll Recording Secretary III. APPROVAL OF AGENDA Board member Shankar moved to approve the agenda. Board member Wise seconded. Ayes — Demko, Ledvina, Shankar, Wise The motion passed. IV. DESIGN REVIEW a. Pond Overlook Town Houses — 2161 County Road D Ms. Finwall said Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town houses on a new cul -de -sac between County Road D and 1 -694 in a development called Pond Overlook. It would be on a 1.9 -acre site on the property now known as 2161 County Road D. A homeowners' association would own and maintain the common areas. Each building would have horizontal -lap vinyl siding, aluminum soffits and fascia and a stone veneer on the front. In addition, each unit would have a two -car garage. Board member Shankar asked if staff had an opinion regarding the townhomes being the same color or should there be a variety of color schemes? Ms. Finwall said according to the elevations, it appears the applicant plans to use a variety of color schemes for the units. Board member Wise asked staff about the comment in the staff report regarding extending the wainscoting. He asked if staff meant extending the wainscoting on the front elevation or all four sides of each building? Ms. Finwall said staff was recommending the wainscoting continue along the front of the units. The board may also want to consider additional treatments to dress up units 1, 9 and 10, considering those units face County Road D. Chairperson Olson said the rear of units 5 and 6 open to the new retention pond and it seems that the grading is steep there, she asked if there was enough space for the backyards to be used or would the units back up to the grade? Ms. Finwall said she was not the author of this report, but it appears to be 10 to 20 feet before the grade drops. She said this is also a walkout unit. Perhaps the applicant could answer that question better. Chairperson Olson asked if Highway 694 is higher or lower than this development? Ms. Finwall said the applicant could answer that. Chairperson Olson asked the applicant to address the board. Doug Andrus, 2440 Charles Street, Suite 210, North St. Paul, addressed the board. He said the site is a natural walkout and the grade goes down towards the freeway. County Road D is higher in elevation and Highway 694 is lower than this site. Regarding units 5 & 6 and the pond, there is a two to three foot retaining wall that will level off the backyards of those units making it not as steep. Board member Demko asked if the applicant intended to save the large trees on the site? Mr. Andrus said he would save whatever trees he could and naturally the large trees are always near the road and often times can't be saved in order to access the site. Mr. Andrus said there are many trees that you don't see on the landscape plan because you only count trees over 8 inches in diameter. On the east and west side of the site, on the other side of the fence, the area is covered with solid trees. He said he has been working with Virginia Gaynor from Public Works on a new landscaping plan. Mr. Andrus handed the revised landscape plan out to the board members and staff during the June 12, 2007, CDRB meeting. He said per staff's recommendation they added trees along Highway 694. Regarding the pond, Virginia Gaynor said the city doesn't like to seed the ponds anymore because the seed doesn't take as well. Therefore, she recommended planting bushes around the pond area and in the corner area. We said he plans to screen units 9 and 10 with more trees and bushes along County Road D. Those two units sit lower than County Road D by about two feet so the driveway isn't as steep. By planting the trees and bushes they will further block the view of County Road D. Regarding unit 1 on County Road D, he added trees to the site as the site allows. Virginia Gaynor or somebody from the city will go out to the site when things are further along. Board member Demko asked what the shaded area was on the site plan between units 6 & 7? Mr. Andrus said that shaded area represents the drainage pipe from the cul -de -sac going to the pond which will be buried. Board member Shankar asked why he wasn't blocking the view of Highway 694 for unit 8 with trees and bushes? Mr. Andrus said there are already trees in that area which we plan to leave as many as possible. Many of the trees are smaller than 8 inches in diameter and aren't shown on the plans because those aren't typically counted but if there is an opening for additional trees we will add more trees. Chairperson Olson said she read the applicant's letter regarding the city's new tree ordinance and the tree replacement plan. Mr. Andrus said he believes the tree ordinance plan needs to be altered a bit. The tree plan is too cut and dry but doesn't take into consideration how many acres the site is or what's going to be built on the site. The majority of the trees on this site are towards the freeway where the pond is. He planned to put the pond higher on the site but the Watershed District didn't like the location and they requested that the pond be in the corner of the site so he had to take the trees out there. He said he is following the Watershed Districts directions. Many trees to be removed from the site are "junk" trees such as boxelder and cottonwood trees. If you don't count them then he actually has more than enough trees to meet the code. There are many trees in poor condition and if you take the "poor condition" trees out then he has more than enough trees to replace with the tree ordinance. He said he is willing to work with city staff to get this plan to work. Virginia Gaynor feels there are as many trees as what can fit on the site without overdoing it. These are townhomes so you don't want to have too much tree maintenance on the site by having trees everywhere. Mr. Andrus said there are thin spots between the buildings and that is why Virginia recommended more bushes in the tree allotment. Mr. Andrus said if he has to he will pay the city to have trees planted elsewhere in the city as opposed to overcrowding the site. Chairperson Olson asked about the color scheme of the units. Mr. Andrus said he plans to have each building a different color. One will be a lighter tan, one will be gray, and one may be green. The cultured stone wainscoting will coordinate with each of the units. All the garage doors and trim will be white. He wants this development to look more like a housing development and not like a townhome development. Chairperson Olson asked if the applicant could respond to staff's recommendation to extend the wainscoting around the front of the building? Mr. Andrus said that would be fine. He handed another building elevation drawing out to the board that has another view of the units to be shown on the screen. Chairperson Olson said the board looks at and discourages cookie cutter design developments because it takes the personality out of a neighborhood. Mr. Andrus said it's often less expensive to buy all the products in bulk which is why other developments have done that. Chairperson Olson asked if he could put carriage lighting by the garage doors? Mr. Andrus said they will have lighting on the garages; it just isn't drawn on the plan. Mr. Andrus said he thinks the garages look nice. If you look at the front steps and the roof overhang, the garage only stands out by. Chairperson Olson asked where he proposed to put the house numbers? Mr. Andrus said the house numbers would go on the portion of the garage closest to the front door. Chairperson Olson asked where the meters would be located? Mr. Andrus said the meters would be located on the side of the units, not on the garage side. Board member Demko asked if the landscaping in front of the individual units was something the homeowner will maintain or would the association take care of that? Mr. Andrus said the homeowner association would maintain the landscape. There are two different plans and one has a small patio area in front of the units and the landscaping will be planted around the patio area. Board member Shankar said the cultured stone is shown on the front of the units but you don't show the cultured stone wainscoting between the front door and extending around to the garage door. Mr. Andrus said wainscoting is a personal preference. He has built plenty of homes and there are people that don't care for cultured stone wainscoting. How much cultured stone wainscoting do you use until its overkill? He said he is trying to keep the units as affordable as possible. He said the price for the units has been determined to be $239,000. Mr. Andrus said everything you add to the development adds more expense such as adding cultured stone wainscoting compared to using vinyl siding. The front door already hugs the garage and to put more cultured stone wainscoting on the wall between the front door and the garage may cause a problem because of the thickness of the sill and could protrude into the door clearance area. Board member Wise asked what the square footage for the units is? Mr. Andrus said the units will be 1,048 square feet for the first floor and the homeowner can chose to finish the basement to add more living space and square footage. Chairperson Olson said she didn't see a street light within this cul -de -sac area and the only other light would come from the parking lot across the street. Mr. Andrus said staff has recommended a light pole on County Road D and he will work with staff on that. He said you buy the light fixture from Xcel Energy and he will put the light fixture wherever staff recommends. Chairperson Olson said she liked the idea of having the road 28 feet wide in order to have parking on one side of the road for guest parking. Mr. Andrus said there is plenty of parking on the site. Each unit will have a two car garage plus parking in the driveway. The city code requires two parking spaces so he meets the city code. The driveways are 30 to 40 feet long so an additional two to four cars can park in the driveway. There won't be much need for parking on the road unless someone has a graduation party. Chairperson Olson said townhome developments have had issues with not enough parking for visitors. There doesn't appear to be a lot of room for cars to park along the cul- de- sac. Would it be practical to extend the width of the road on one side to allow for additional guest parking? Board member Shankar asked if the road is shown at 24 feet wide then on the plan? Mr. Andrus said the plan shows the road at 28 feet wide. Board member Demko said the staff report says the city allows parking on one side of the road for 28 foot wide streets. Ms. Finwall said Mr. Roberts was recommending that the road be 28 feet wide for parking on one side of the street. Mr. Andrus said Mr. Roberts was just reiterating that the road should remain 28 feet wide in order to allow for additional parking on one side of the street. Chairperson Olson asked how staff felt about the revised tree plan? Ms. Finwall said staff received a voice mail from Ms. Gaynor, Mr. Andrus has been working closely with city staff regarding the tree plantings and staff feels Ms. Gaynor will ensure the tree ordinance meets the intent with additional shrubs included in the tree count so staff is comfortable with this fact. Chairperson Olson said she finds it interesting that Virginia Gaynor agrees with the applicant that there isn't enough space on the site to plant additional trees and that she recommended shrubs be planted instead. She said she is concerned that this is the third proposal the board has heard an applicant comment on the hardship that the new tree ordinance has put on a development and that the tree ordinance is over and above what was normally expected. She asked if this concern should be addressed and asked if the tree ordinance needed some tweaking? In her opinion, this should raise a red flag with the city. This same concern has been raised with three developments now, Carmax, Integra Homes, and now with the Pond Overlook Townhome development. Ms. Finwall said the tree ordinance was drafted by the Environmental and Natural Resources Commission and was approved by the city council last September. With any new ordinance, after working with it you often times find some tweaking needs to be done. Ms. Finwall said she worked with the Environmental and Natural Resources Commission on this and one of the intents of the ordinance is to get the developers to look at a site and not entirely grade the site but to save the mature trees that are there. By saving trees the developer would not have to replace them which can sometimes be a difficult constraint. Chairperson Olson said the applicant made some valid points. If you are remove junk trees and scrub trees perhaps that should be taken into consideration. Ms. Finwall said staff will forward those comments to the appropriate people. Board member Wise said when the board looked at the Integra Homes development the board discussed adding shutters to windows on the building elevations. The trees on County Road D should be sufficient for the units along County Road D but after the emphasis the board put on dressing up the side of the town home units he thought this was something the board should discuss. Chairperson Olson said she agreed and she also wondered if we should recommend extending the cultured stone wainscoting around the sides of the town home units but she also wasn't sure how practical it would be. Board member Wise said the board discussed that during the review of the Integra Homes development but given the grade of the site it didn't make sense and it didn't look right which is why he asked staff where the cultured stone wainscoting was going to end. Board member Wise said he thinks shutters on the elevation wouldn't be that costly but would add something to the exterior. He would hate to increase the cost of the units by requiring the applicant to extend the cultured stone wainscoting and would not want to price the applicant out of the market here. He said he is concerned about the view of the units from Highway 694. If that's not screened you may see 4 units not being purchased. Board member Shankar said he was going to add that shutters be added to the windows on units 1, 9, & 10 and add cultured stone wainscoting for the south elevation for those units. Even though there are many trees along County Road D he said he isn't convinced that will block the view of the units from County Road D. Regarding the shutters, there is only one window on the front elevation to put shutters on so he doesn't think that is necessary to do. Board member Demko said the applicant is planting additional trees along County Road D and that should be sufficient. If you put the burden of additional costs on these units that could price the applicant out of the market in this area and he is okay with the plan as it is proposed. Chairperson Olson said shutters on the side elevations would be a strong enhancement. You can't put shutters on all the rear windows but perhaps something could be done to add to the plainness of the rear elevation. Board member Wise said that decision could be left up to staff. Chairperson Olson asked the applicant to address the board to offer feedback. Mr. Andrus said he could see shutters on the side window but as far as adding shutters on the rear elevations, he doesn't see shutters on the rear of any house because it doesn't look appropriate. The trees will do an adequate job of screening the view from County Road D. He doesn't know where a person can go where you wouldn't see the backs of homes or buildings. You can look 200 feet down County Road D where there is a whole row of townhomes that you see the rear of the homes and they don't have any exterior enhancements. People sit in the back yards of their homes and look at their neighbor's home all the time without anything extra on the home. Maybe the board is over thinking this. He wouldn't mind adding the shutters but he doesn't think that will make things look nicer, if anything it will look goofy. As far as adding shutters to the side window for the units that would be fine but he doesn't like shutters on the rear elevation. There is a patio door upstairs, downstairs and a deck. The other windows are pretty close together and he thinks that would look awkward. Units 9 & 10 back up to County Road D and are not walkouts. The units will have plenty of tree coverage along County Road D too. Board member Shankar said he thinks the side elevation would look nice with shutters. The south elevation, even though it is the rear elevation, fronts County Road D and he thinks it would be nice to have the additional design feature such as shutters. Mr. Andrus said units 9 & 10 will have basements and those windows would be screened by the trees along County Road D. Those units also will sit two to three feet down. Board member Wise asked if staff had plans showing units 9 & 10 without the exposed basement? Ms. Finwall said no, but on page 36 of the staff report it shows walkout basements and if you cover the lower level on the building plan that would give the board an idea of what those units would look like from County Road D. Mr. Andrus said basically the lower level is in the ground. Board member Wise said he wanted to make sure that when the board makes the motion, staff would have the information they need. Ms. Finwall said she wasn't sure staff had plans representing that. Board member Shankar said even if you only see the top floor of units 9 & 10 from County Road D, if you put shutters on the two windows in the middle of the units for units 9 & 10 plus the window on the side elevation that would add quite a bit of detail. Mr. Andrus said he could do that. If you are going to put shutters on the side window elevation he would do the same thing for all the units to make it uniform and he will put shutters on the windows of units 9 & 10. Chairperson Olson said the applicant can work out the details of the shutters with staff. Board member Shankar said the front garage elevation is showing dormers or something at the peaks of the garages but that isn't shown on the renderings. Mr. Andrus said the square dormers were drawn on the plans but he didn't like the look of them so he isn't putting those on and he thinks it looks better without dormers. Board member Shankar said the staff recommended that perhaps the applicant could dress the front elevation with dormers. Chairperson Olson said personally she thinks dormers are not very attractive. She asked where the vents would be located? Mr. Andrus said it would be a ridge vent and not visible. Chairperson Olson asked if the applicant could add some type of detail at the peak above the garages to dress the area up as staff suggested? Mr. Andrus said he could put triangle dormers at the peak. He isn't fond of the appearance of the square dormers. Board member Shankar moved to approve the plans date - stamped April 19, 2007, (site plan, landscape plan, grading and drainage plans and building elevations) for the Pond Overlook town houses on the new cul -de -sac on the north side of County Road D west of McKnight Road. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (changes to the conditions are underlined if added and stricken if deleted). 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence or some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. (f) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (g) Show details about the required fence by the pond including the materials, gate, height, and color. The contractor shall install the fence above the retaining wall. (3) The tree plan shall: (a) Be approved by the city engineer or by the city environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) The site plan submitted at the June 12, 2007, CDRB meeting which was reviewed by Virginia Gaynor and the CDRB (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) All private driveways to the units at least 20 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs to meet the above - listed standards. (e) The new street labeled as Furness Place and County Road D labeled on all plans. (5) The design of the ponding area shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. C. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of trees along the north and south sides of the site. (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall be approved by the city engineer or city naturalist and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date - stamped April 19, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little or no maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the County Road D boulevard with sod (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the north and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant trees in staggered rows to provide screening for the development. (11) Shows the in -ground irrigation system, including the location of the sprinkler heads. (12) It shall be approved by the city engineer or by the city environmental manager before site grading and shall be consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. Have the North Saint Paul utility department approve the proposed utility plans. g. Present to staff for approval, colored building elevations and building material samples of all elevations of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige - colored vinyl siding, any shutters, window grids, decorative lighting for the front elevations and the style and materials of deck or balcony railings. These elevations also shall show details for the enhancement of the rear elevations for Units 9 and 10 and the south elevation of unit 1 (that face County Road D) n,AJtpptQ Qrr _,Qnt ` r�iontiro frApt e a+,r,r, All units shall show cultured stone wainscoting on the entire front elevation per the revised sketch submitted by the applicant The applicant should add shutters to all side window elevations and on the rear window elevations of units 9 and 10 (that face County Road D), subiect to staff approval The city must approve these plans before the city will issue a building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. Obtain the necessary approvals and permits from MnDOT. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. C. Complete all landscaping and turf irrigation for that building. d. Install the paved driveway for each unit. e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g. Install on -site lighting for security and visibility that follows the approved site lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. (The applicant shall submit a new lightin. Ian. h. Install additional trees along the north, east and south property lines of the site where the proposed or existing vegetation would not screen the town houses from the existing roadways and dwellings to the east. These additional materials are to strive to ensure that there will be at least a six - foot -tall screen on these sides of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The city staff may approve minor changes to the project plans. Board member Demko seconded. Ayes — Demko, Olson, Shankar, Wise This item goes to the city council on June 25, 2007. Agenda Item L1 e M. a WHEREAS, a resolution of the city council adopted the 11th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Pond Overlook Improvements (2161 County Road D), City Project 07 -08. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25th, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Pond Overlook Improvements (2161 County Road D), City Project 07 -08. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. The city's consultant, SEH, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $263,427 shall be established. The proposed financing plan is by means of a developer property assessment for all project costs. Agenda Item L2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Brookview Area Street Improvements, City Project 07 -01, Resolution Approving No Parking on: a. North side of Brookview Drive from Sterling St to Century Ave b. Both sides of Sterling Street from Hudson PI to Brookview Dr DATE: June 13, 2007 INTRODUCTION The City Council shall consider the approval of parking restrictions on the north side of Brookview Drive from Sterling Street to Century Avenue, and parking restrictions on both sides of Sterling Street from Hudson Place to Brookview Drive. These restrictions are necessary to meet state aid standards for Brookview Area Street Improvements. Description The above streets are being fully reconstructed as part of the street improvements. Brookview Drive is proposed to be constructed to a uniform width of 32 feet from face -to -face of curb. A 32 foot wide street section only accommodates parking on one side of the street and two driving lanes per state aid standards. Sterling Street is proposed to be constructed to a uniform width of 26 feet from face -to -face of curb. Per state aid standards both sides of Sterling Street must be designated as No Parking. On June 4 2007 city staff mailed out a letter to all residents in order to notify them of the "no parking" restrictions along Brookview Drive and Sterling Street. Staff also mailed out a separate survey to those residents fronting Sterling Street in order to present the option of parking bays since both sides of the street would have parking restrictions. To date, 7 responses have been received and 6 people do not want parking bays on either side of Sterling Street, while 1 person wants parking bays on the west side of Sterling Street. Due to the design and funding requirements set on state aid projects, "No Parking" restrictions must be set by council resolution. The segment with parking bays would not be posted. It is recommended that the council approve the attached resolution adopting No Parking restrictions on the north side of Brookview Drive between Sterling Street and Century Avenue and No Parking restrictions on both sides of Sterling Street between Hudson Place and Brookview Drive. Attachments: 1. Resolution Approving No Parking Restrictions (Brookview Drive) 2. Resolution Approving No Parking Restrictions (Sterling Street) 3. Project Location Map RESOLUTION BROOKVIEW DRIVE — "NO PARKING' RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Brookview Area Street Improvements, City Project 07 -01 in May 2007, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Brookview Drive; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the north side of Brookview Drive from its intersection with Sterling Street to its intersection with Century Avenue. Dated at Maplewood, Minnesota this 25th day of June, 2007 RESOLUTION STERLING STREET — "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Brookview Area Street Improvements, City Project 07 -01 in May 2007, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Sterling Street; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and west sides of Sterling Street from its intersection with Hudson Place to its intersection with Brookview Drive. Dated at Maplewood, Minnesota this 25th day of June, 2007 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. ��� - 3 L i r Z; �J 0r _L7Z J IJ 2Z5 7 ...... .... J 2 jj 22 1, 3 )V-- 220 z SOD ,$' HUDSON PL. LL i (-D C v z 0 BR 0 \-A,4� E W DR . V u I e [if Lu Elf C ree p MAYER LN. JI F- I -- r Q JAMES I u� 'Z�// Ld cv � < LLJ LE Afton (D V) Heights LLJ > Park I > < < Li 0 W > Li C) I I , \ EGO r < <! - UPPER AFTON RD. Cn i 20 Tanners Lake C 1 �, � D94 :D Street Improvements u no scale Exhibit 1 Project Streets Brookeview Area Streets Improvement 07-01 AVE N1 M A Lom Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer II SUBJECT: Brookview Area Street Improvements, City Project 07 -01, Petition to Close O'Day Street DATE: June 13, 2007 INTRODUCTION O'Day Street residents have petitioned the city to close O'Day Street between Hudson Place and Brookview Drive as a form of traffic calming on their street. Please find the petition for the closure attached. The petition is in response to a city staff survey regarding a "bump -out" traffic calming method. Those surveys are still being collected. The surveys will be tallied and city staff will install the calming method if a majority of the residents in the neighborhood are in favor. Discussion All twelve residents on O'Day Street have signed a petition to close O'Day Street between Hudson Place and Brookview Drive. The residents request the closure to funnel traffic onto Sterling Street, which is the only other connector between Hudson Place and Brookview Drive. The petition argues that the city should take proper advantage of Sterling Street since it is dedicated as a municipal state aid street (MSAS). The petition claims that Sterling Street will get an upgraded surface. But according to the design plans by SEH, the pavement design for Sterling Street is identical to O'Day Street. The only difference is that the city received funding for Sterling Street since it is a MSAS. It is city staff's view that routing all traffic onto Sterling Street is unfair to those residents on Sterling Street especially since the pavement design is identical to O'Day Street. Furthermore, closure would cause two dead end locations which would not allow for proper safety turnarounds. Two cul -de -sacs would have to be installed and there is not enough area for this consideration. RECOMMENDATION It is recommended that the city deny the petition to close O'Day Street between Hudson Place and Brookview Drive. Attachments: 1. Petition Letter 2. Location Map EC'ElVE r4 e o e �' c, z kt� I ec+5 E 6 V\. cc IU V a ✓- CIF 0 ; AJ r so izF-Q ci I No- t4�) 0 U T e A ' 5S' t6 ' n L a : Erve - 6c> Por FAYT - C � V. el r �o 3 t jet. - W I 161 j 1r� _�tD r eef ` 0 i 7 t+ -------- 10 t jet. - W I 161 j 1r� _�tD r eef ` 0 i 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. ��� - 3 i r Z; �J 0 r-� _L7Z 77 � 11F d -- -------- f" d 22 4 22 JI U D S 0 N NUIDSON PL. —am Cn V 775; M Lu L,j in F-- in u AVE w E DR, Creek MAYER LN. c) Q JAM ES I =11 LLJ � -J Afton < LLJ (D V) --J ! 1 C) Heights Z > fill W I Park I < 0 > Li C) \ EGO < < - UPPER AFTON RD. Cn i 20 Tanners Lake C12 \ D94 :D Street Improvements u no scale Exhibit 1 Project Streets Brookeview Area Streets Improvement 07-01 M A Lom Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Desoto- Skillman Area Street Reconstruction, City Project 06 -16, State Aid Designation of Desoto Street from Roselawn Avenue to Larpenteur Avenue DATE: June 14 th 2007 INTRODUCTION The City Council could consider removing Desoto Street, from Roselawn Avenue to Larpenteur Avenue, from state aid designation. This section of roadway must be designated No Parking to receive state aid funding. A number of the residents in this area are opposed to the No Parking designation and do not support the addition of parking bays. Description Desoto Street from Roselawn Avenue to Larpenteur Avenue is being reconstructed as part of the Desoto - Skillman Area Street Improvements, City Project 06 -16. This section of Desoto Street is proposed to be constructed to a uniform width of 26 feet from face -to -face of curb. A 26 foot wide street section does not accommodate a parking lane and two driving lanes per state aid standards. To receive funding for the reconstruction of Desoto Street, the city must approve a No Parking Resolution. Staff met with the Desoto Resident committee on May 23r to discuss No Parking restrictions on Desoto Street. The main concern residents had was the need for parking spaces to accommodate guests during parties or garage sales. The resident committee seemed interested in adding parking bays along the street in specific locations to provide parking areas for residents. A second meeting was held on June 7 th and all residents on Desoto between Larpenteur and Roselawn were invited to discuss the possibility of adding parking bays. During the meeting staff discussed where parking bays could be constructed and answered resident questions. Residents were surveyed at the end of the meeting to determine if they supported parking bays. Residents who did not attend either meeting were mailed an information letter, drawing of potential parking bay locations, and a survey form. The majority of residents along Desoto do not support parking bays. On June 15 staff received a petition from residents along Desoto Street requesting that parking be allowed on the street even if the city had to forgo state aid funding. The petition also requested that the curb style be revised from barrier to S curb. Lastly, the residents who signed the petition asked that a 15 mph Curve" sign be posted. There are two options for the council to consider regarding Desoto Street between Roselawn Avenue and Larpenteur Avenue. The first option is to remove this section of Desoto Street from State Aid designation and fund the reconstruction of the roadway from the City's bond sale. If the State Aid designation is removed then the city is not restricted by the No Parking requirements of State Aid. The advantage of this option is that the requirement for parking bays would be eliminated and vehicles would be allowed to park on the street. The street width will not change and will be constructed to 26 feet wide as originally proposed. There is still concern that the roadway would not provide a safe width for emergency vehicles, so there is some liability that the City would be exposed to with a design this narrow with parking options. The street width would be below standards but not totally unusual for urban streets, especially in St. Paul. Agenda Item L4 There is no loss of funding to the City in that the State Aid Roadway Designation used for Desoto Street will be applied to a section of roadway elsewhere in the city. The State Aid funding will not be lost, but used at another time on a different section of road. The council must remove this section of roadway from state aid by resolution. The second option is to maintain this portion of Desoto as a State Aid route, designated from Larpenteur Avenue to Roselawn Avenue as No Parking, and construct parking bays only where residents are willing to have them constructed. Only two locations seem feasible to add parking bays based on feedback from the residents at this time. The No Parking Resolution is attached should the council decide to designate the road as No Parking. It is recommended that the council make a determination on continuing the State Aid Designation on Desoto. Staff is uncomfortable with constructing the street at this width without parking bays; however, the neighborhood consensus is clearly to provide the roadway at that width. If the Council wishes to build the roadway at this width and remove the MSAS designation, they should approve the attached resolution Removing the State Aid Designation on Desoto Street from Roselawn Avenue to Larpenteur Avenue to allow for parking on the roadway and use project bond costs to finance constructing this section of Desoto Street. (Financing note: the removal of the MSAS designation would result in a shifting of funds. More MSAS dollars would be used on the Brookview project which would then have less bond costs. These bond costs would be shifted to DeSoto which should result in a minimal impact to the financial approach to the projects.) Attachments: 1. Resolution Revoking Municipal State Aid Highways 2. Resolution Approving No Parking Restrictions 3. Petition 4. Project Location Map RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described as municipal state aid streets be removed from consideration as municipal state aid streets under the provisions of Minnesota law, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, that the roads described as follows, to wit: MSAS 128 -015 Desoto Street — 500 feet north of Larpenteur to Roselawn Avenue be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that said city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for consideration. Dated at Maplewood Minnesota, this 25 day of June 2007 RESOLUTION DESOTO STREET — "NO PARKING' RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Desoto Skillman Area Street Improvements, City Project 06 -16 in March 2007, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Desoto Street; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and the west sides of Desoto Street from its intersection with Larpenteur Avenue to its intersection with Roselawn Avenue. Dated at Maplewood, Minnesota this 25 day of June, 2007 X 9D �ECEI%t- (V ` ECEIF D JUN 15 2007 Desoto and Ripley neighbors: _ uvc d We have a few concerns yet with what is going on with the DeSoto St prcftk�V Pk &e read and sign any one of these petitions you agree with. I" Petition Residents living on and connecting to Desoto St opposed to making Desoto St a No 24 hour Parking. ZD Reasons: 1. Devalues our property for resale. 2. We have found other streets with curves and just as narrow that still allows parking. JEx. KENWOOD) 3. As a property owner on Ripley I do not want parking in front of my home Due to not knowing who or where the owners of these cars are going. Not being able to distinguish cars that are possible vandals in our neighborhood. Or may need parking for my own guests and family. 4. All street re to qualify for state aid should have been Oven to all residents at the - very beginning, when we had a full attendance of all property owners. N11, ' c �Y I la.11 / fo 'We are asking for the S curb instead of Barrier curb to be installed to allow for cars to pull off incase of emergencies vehicles to get through if needed. R E LEI' E a VE "I " I J"UN 'mTkv)OOd q-�b& "Nolks I ISO T) it N -fin? 6 { -F (7 r k JUN 15 2002 Petition Two: Is for a 15 mile lour cure sign pasted. Igo to a lest of speeding do 1ple DeSoto St. ,I W ,s V) G 71C/1 gp J tt , ai, m 6 4 um Vl 1 � F 17 O `�, _� < L 1 0 Cn Cf) Cn Cn < Cn n Cn � cn ry n ELD RIDGE V E. 7E L D u, M cn� Cn Z Oehrline L <L. BELMONT LN. Lake Ln 0 J cn SKILLMAN AVE. SKILL AV E. BEL to UAVE. F O (D ry :2 < 111 1 0 0 o ry < ry C/-) GATE WAY SUMMER n CL < MT VERNON M AVE. Li C/) LL LL J 7 RIPLEY Cn _J < 0 0 0 1 TOENJES tRosel awn Ed erton g Park A LLL" ry < 0 Western z PL. < M ry RIP LE < Cn PL Park AVE. w 0 ry 0 V Lu AVE BELLW o d. AV E. BEL LVVUUU I Cn AVE. I— C/-) GATE WAY SUMMER E. LLJ ry SUMMER LN. n CT. Lj RIPLEY Cn 4, SU MER D — u I— CD 71 Western z PL. < M ry RIP LE < KINGSTON AVE. Hills 0 w NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn AVE. I— C/-) GATE WAY Cn Cf) RIPLEY AVE. 4, Cn A '5 I— CD 71 n M < KINGSTON AVE. w 0 ry 0 V Lu PRICE '� z 7 n C 0 n < H P < AVE n NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 ne-) Agenda Item N1 .J ageff,'" we 'Can Memorandum To: Maplewood City Council From: Greg Copeland, City Manager Date: June 21, 2007 Re: Status Report on Actions to Develop a Policy Proposal for Protection of Maplewood's Open Spaces through the use of Conservation Easements On April 9, 2007 the City Council held a one hour workshop to discuss application of Conservation Easements to protect City owned Parks and Open Spaces. The Council and a large audience of Commissioners and citizens heard a presentation by Sarah Strommen, Conservation Director o the Minnesota Land Trust. Following questions and discussion I advised the City Council I would develop a policy proposal for application of Conservation Easements to the City's Open Spaces using the services of the Minnesota Land Trust. This policy proposal once completed would be brought to the City Council for its consideration and adoption. On April 25, 2007 I sent a letter soliciting the services of the Minnesota Land Trust to accomplish development of the Conservation Easement Police Proposal for Maplewood. The letter outlined a two phase work plan; Phase One Conservation Easements for Opens Spaces and Phase Two Conservation Easements for Selected City Parks. Within each Phase there is a two step process; Step One, Program Approval and Step Two Program Implementation. Step One will entail an approximately 90 day work plan to meet with the City's Commissioners on Environmental and Natural Resources, Parks and Recreation and Planning to develop a policy proposal to bring to the City Council for its consideration and approval. Step Two will develop and implement a specific agreement on each Open Space parcel to establish the framework for managing the enforcement of the Conservation Easement, if the Phase One Policy Proposal is approved by City Council. Agenda Item N1 June 21, 2007 On May 14, 2007 I received a Phase One, Program Approval work plan from the Minnesota Land Trust (see attachments). This plan to utilize 66 hours of professional services from the Minnesota Land Trust will produce an Open Space Conservation Easement policy proposal for City Council consideration and adoption in September, 2007. On May 17, 2007 I authorized the Minnesota Land Trust to commence work. Sarah Strommen will be managing the project for the Trust. Public Works Director Chuck Ahl and Dewey Konewko, Environmental Manager will be working withVirginia Gaynor, Open Space Naturalist, who will be staff liaison to coordinate work with the Minnesota Land Trust and facilitate completion of the Phase One Work Plan with our City Commissions. The goal at this time is to have a proposal before the City Council at it's September 10, 2007 regular meeting. 2 MINNESOTA LAND TRUST May 10, 2007 Mr. Greg Copeland City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Mr. Copeland: Agenda Item N1 MAY 4 2007 Thank you for the invitation to speak to the Maplewood City Council regarding the City's potential interest in protecting its neighborhood preserves with conservation easements. The Minnesota Land Trust looks forward to continuing the discussion and is eager to help Maplewood plan for these unique community open spaces. The Minnesota Land Trust is a private, nonprofit organization that preserves the natural and scenic heritage of our state by permanently protecting the lands and waters that define our communities and enrich our quality of life. We are the only statewide organization that extensively uses conservation easements as a protection strategy. The Land Trust completed its first easement in 1993 encompassing 80 acres of land in Washington County. Since then, we have completed 327 projects protecting 28,631 acres throughout Minnesota. We propose that our assistance be divided into two phases: 1) Program Approval and 2) Program Implementation. Attached for your review is a proposal for Phase 1, Program Approval. The result of this phase would be approval from the Land Trust and the City to move forward on program implementation. Once you have had an opportunity to review our proposal, I would be happy to discuss with you any comments or suggestions. We look forward to enhancing our relationship with the City of Maplewood by working with you, the City Council, and the community on this project. Sincerely, ara Strommen Conservation Director Central Region 2356 University Avenue West, Suite 240 St. Paul, Minnesota 55114 (651) 647 -9590 phone e (651) 647 -9769 fax www.mnland.org Recycled paper: 100% past - consumer waste & processed chlorine -fte h •- •. Protecting Maplewood's Neighborhood Preserves Phase 1, Program Approval TASK HOURS TIADNG • Review City's Goals and Identify Primary City 0 June, 2007 Contacts and /or Team • Execute Contract with the City 0 • Research Properties: Context and Conservation 16 Values • Research Natural Resource Data • Research City Documents/Policies • Visit Properties • Discuss Project with Other Experts • Develop Project Strategy 8 • Prioritize Order for Protection • Identify Appropriate Uses and Restrictions • Plan for Implementation Process • Identify Responsible Parties for Tasks • Attend Meeting with City Staff to Review 4 Strategy • Secure Minnesota Land Trust Staff and Board 3 July, 2007 Approval for Project • Develop Written Proposal for Phase 11: 16 Easement Implementation (Process, Terms, Costs, etc. • Attend Meeting(s) with Commissions to 9 Discuss Proposal and Establish Process for Feedback* • Environment and Natural Resource • Park and Recreation • Planning and Zoning *we 7f�ould recommend having one meeting w1all three commissions if p ossible • Synthesize Feedback and Revise Proposal 6 • Attend City Council Meeting to Approve 4 August, 2007 Commencing on Phase H: Project Imp lementation Total 66 HRS x $75 /hour = $4,950