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Home My WebLink About2007 07-09 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 9, 2007 Council Chambers, City Hall Meeting No. 07-12 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country 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 commentsIquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments,' E. APPROVAL OF MINUTES 1. June 25, 2007 Council Manager Workshop Meeting Minutes. 2. June 25, 2007 City Council Meeting Minutes. F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS H. PUBLIC HEARINGS 1. Crestview Forest Improvements — Deer Ridge Lane, City Project 06-21. a. Public Hearing 7:15 pm. b. Resolution Ordering Improvement After Public Hearing. 2. Proposal for Issuance of Multifamily Rental Housing Revenue Bonds (The Village of Woodlyn Project.) 1. CONSENT AGENDA 1. Approval of Claims. 2. Authorization to enter into 4-year lease with Metro Sales, Inc. for new copier. 3. Authorization to Pay Invoice for Ford Expedition Conversion. 4. Desoto-Skillman Area Street Reconstruction, City Project 06-16, Approve Resolution Revoking State Aid Designation from DeSoto Street from Larpenteur to Roselawn. 5. Approval of Policies for Award of Charitable Gambling Tax Funds. 6. Annual Lawful Gambling Resolution for Hill Murray Father's Club and Champps. 7. Food Sales Fee Waiver — Ramsey County Voiture 838 American Legion. 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. Remodel Kitchen at Station One and Remodel Kitchen and Meeting Area at Station Three. K. UNFINISHED BUSINESS 1. Bmokvifw Area Street Improvements, City Project 0-01, Resolution Adopting Revised Assessment Roll. 3. Rainbow/Maple Ridge Driveway |nnpn]v8nnent. City Project 07-03, ReSV|VUOn Ordering Work to done Uy Day Labor. 3. Status Report on Actions tO Develop Policy Proposal for Protection OfK8@p|8vv00d'SOpen Spaces through the use of Conservation Easements. 4. Mississippi 8LpeHt Park Petition, City Project 08'18, Authorization L0 Negotiate Change Order for Vacant Lot Grading. L. NEW BUSINESS 1 Lot Division Proposal C8rye —2291 Hazelwood Street. o. Lot Area Variance b. Lot Width Variance C. Rear Yard Setback Variance 2. Conditional Use Permit Revision — Keller Lake Convenience 2228 Maplewood Dr. 3. Carver Avenue Water Main Extension — City Project O7-17—ReS0|utionReCeivingofRe3ident Petition and Ordering Preparation of Preliminary Report. 4. F9rnU8|E/G8r8niUnn Street |nnpn}v8nn8ntS, City Project O7-14. Resolution Accepting Feasibility Study, Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. 5. Lark/Prosperity Street Improvements, City Project O7-15.RGSO|uUOO/\CcSptiDgFR8Sibi|ib/SbJdy and Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. 8. K8Gi|8nd/KXcKni0hL Approval 0f Cost Share Agreement. Y. Discussion of Green Overlay District — No Report — Councilmember Will Rossbach. M. COUNCIL PRESENTATIONS 1. CoVnC|nnemU8r Eric Hj9U8 o. COUnCi|nlenlb8[ROaSb@Ch'S critique Of the City Manager's Review 2. New Dispatch Center 3. Special Olympics 4. Ramsey County League of Local Governments Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must Ue made Et least 00 hours inadvance. Please call the City Clerk's Office 8t (051) 249-2001 to [nGkR 8[[8ng8[n8Dts. Assisted Listening [}8viCRs are also 8v8i|8b|8. P|88SS check with the City Clerk for availability. Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. 8ishoped that byfollowing these simple rules, everyone's opinions can be heard and understood /na reasonable manner. N/e appreciate the fact that when appearing at Council meetings, it/sUnd8rsXbodthat everyone will follow these principles: 8how/respeCtfnre8ChO&her, actively listen to one another, keep emotions in check and use respectful /a A. CALL TO ORDER A meeting of the City Council was held iD the Council Chambers, Ed the City Hall, and was called to order at 5:07 p.m. by Mayor Longrie. B. ROLL CALL Diana L0Dgh8.Mayor Present Rebecca Cave, Cuunu|mSmbmr Present Erik |UeU8.CoUnCi|m8mb8r Present Kathleen JUenennonn Present Will FfoasbaCh.Cnunoi|nnennber Present C. APPROVAL OF AGENDA Mayor Longrie moved toapprove the agenda aSsubmitted. Seconded bv{|ounCi|nnennb8rCave. Aves — A|| D. OLD BUSINESS 1. Continued discussion of pn}v8nl8nt Plan — Bob K4ittet. Finance and Administration K8 Public Works Director, Chuck Ahl, gave a PowerPoint presentation. The council asked a variety of questions as staff went through the PowerPoint presentation. Mr. Ahl said the C.I.P. will be brought back to e council after it has been reviewed by all the boards and commissions and those individuals have had the opportunity to share their comments and E. NEW BUSINESS - 1. Interviews for the Environmental and N8tVn8| Resources Commission. @. Frederica /\nD K8US0[8v8. 1049 Greenbrier Street, k8@p|8vvOOd. b. Oa|HThpp|8r, 1201 Junction Avenue, Maplewood. The council asked individual questions k] each Of the two applicants and then ranked the candidates. The appointment of the new Environmental and Natural Resources Commission member will be made at the regular city COuOCi| meeting following the workshop. F. ADJOURNMENT The meeting was adjourned at 7:02 p.m. MINUTES MAPLEWOOD CITY COUNCIL 7:O0p.nn,Monday, June 25.20U7 Council Chambers, City Hall Meeting No. 07-011 A. CALL TO ORDER A meeting Of the City Council was held in the City Hall Council Chambers and was called toorder at 7:14 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana L0Dgh8.Mayor pr838Dt Rebecca Cave, COuOC|mS[DbRr Present Erik |Ue||8.CoUnCi|nn8nnb8r Present Kathleen JUenennonn Present Will RoSgb8ch,CounCi|nn8nnU8r Present D. APPROVAL OF AGENDA Mayor Longria moved to approve the agenda as amended. CounCi|nnennb8r requested switching the order ofitem F. Visitor Presentations and G. Appointments/Presentations. F3. K89rnVria| Resolution for Edna Ledo F4. Fourth of July Celebration yW2. New Dispatch Center K83. 8p9Ci8| {)|ynlpiCs K84. R@nlSSy County LoegU8 of Local Governments Seconded by Counci|[nember Cave Ayes —All E. APPROVAL OF MINUTES 1. Minutes from the June 11, 2007. 5 p.m. . {|oUnci|rneOlbHr Cave rnoV8d to 8DDr8ve the rninUL8G of June 11. 2007. 5 D.M. as submitted. Seconded bvHkelle Ayes- All 2. Minutes from the June 11, 2007, 7:00 p.m. City Council Meetin Mayor Longrie had corrections on pages 2, 10, and 35. On page 2, Visitor Presentations number 2. the sentence should read He would like the o0nnnnisSiOD and board meetings to meet in the city council chambers to be televised. On p8Q8 10, in the seventh pan8gr8ph, the first sentence should be rewritten to read Public Works Director, Chuck Ahl, presented the report for ten property owners who submitted a petition to the citV council and live on Mississippi Street vvh**are and who object Lo their street assessments of$8 June 25, 2007, City Council Meeting On page 35, in the middle of the page, in the underlined section, line 3, where the word comfort i it should read comfort,§gfety and repose. a Councilmember Juenemann moved to approve the minutes of June 11, 2007, as amended. Seconded bvCoUnci|membHr0elle New Police Officers Swearing Un 8. DenakFritze b. [}ovvnFned8rikSen Chief ThOnoG||@ presented the report t0 the city K88yorLongd8 administered the {}8Lh of Derek Fritz8's wife Julie pinned badge number 434 father John pinned badge number 435 on his daug 2. Appointment of Environmental an Opening a. Frederica Ann Musgrave b. Dale Trippler Mayor Longrie moved to appoint Frederica) Resources Commission. Cave. Ayes- All ...... ...... ...... ........ .......... ............ ...... ...... ...... ...... ...... ...... ..... ...... ... ...... . ...... ritze and Dawn Frederiksen. and Dawn Frederiksen's Resources Commission Member Avey - Al| June 25, 2007, City Council Meeting 2 3. Memorial Resolution for Edna Ledo. Mayor Longrie read the Resolution for Edna Ledo. Mayor Loncirie moved to approve the Memorial Resolution for Edna Ledo. Memorial Resolution 07-06-095 For Edna M. Ledo Honoring a Distinguished Citizen and WHEREAS, the City ofMaplewood is proud to remember Edna M. Ledo as a long time resident and volunteer 8t the Maplewood Nature Center and @So commissioner on the Maplewood Historical F^n]S9rv8UVn Commission. WHEREAS, Edna Ledo dedicated over 88Ohours of her time 8s8 volunteer the Maplewood Nature Center. WHEREAS, Edna was game for anything: frO[nShovviDgkidSth8|iv8n8pti|8a.tOdr8Ssing up as a voyager for the fur trade program, to creating and dressing up as a giant Great Horned {)vv|! WHEREAS, her work as a trail guide has inspired future generations — thousands of children and many adults —tuembrace the wonder Of the natural world. WHEREAS, Edna Ledo served for four years On the Maplewood Historical Commission, two and one-half n[ those oo the Vice President and iS especially remembered for her dedication to the restoration and success of the Bruentrup farm and working the food booth at the Halloween HO0ovvO. NOW, THEREFORE, I Mayor, Diana Longrie and the Maplewood City Council declare our gratitude for Edna L8do'G dedication to public service 888 volunteer and will have the memory nf Edna K8. Ledo 8s an example LV all VfMap|evvVod's citizens Vf her citizenship and commitment tV service. Dated this 2h m day 8fJune 2007 Mayor, Diana Longrie Seconded bvCounoi|mennberCave. Avey - AU June 25, 2007, City Council Meeting 3 4. Fourth of July Celebration � Karen Guilfoile, Citizen Services Manager gave the presentation to the counc Ms. Guilfoile said K88p|8vvVVd's Annual Fourth Uf July Celebration 8[ Hazelwood Park will begin at5:OUp.Dl.with lots of food and fun. The entertainment starts at 7:30 p.m. with The Cedar Avenue Big Band and the display of fireworks begins 8t10:0U p.m. VISITOR PRESENTATIONS Bill � S408—M1 Avenue North Brooklyn Park, addressed the council. He spoke regarding item N. 1. Conservat Easements Protect Open Spaces Status Report. He updated the council 0nhis conversation with Sara the Minnesota Trust for Public Land. TJ 2. Nancy Lazaryan, 10734 West Lake Road, Rice, addressed the council. Ms. Lazaryan was concerned whether the Mayor signs all the Resolutions that come through the city. She requested a copy of all the Resolutions. Her concern was that the Mayor obeys the laws. She requested a written formal complaint from Mr. Kantrud regarding her false arrest PUBLIC HEARINGS 1' |NPDES PHASE UUAnnual Report/PublicK0eetimg 8. DUVVoyneKonevvko presented the report. Mayor Longrie opened the public hearing and there were no individuals that came forward. No action was needed 0n this item. CouDoi|rnennber]uenenn8nO said she appreciates how the Public Works Department has taken this Department iS doing 8 wonderful job on this. The Mayor sa id the council looks forward to receiving the final report in October. 2. Bro okview Area Street Improvements, City Project 07-01 a. Assessment Hearing y:OOprn b. Approve Resolution for Adoption Of Assessment Roll City Engineer, Erin L8b8ree, presented the report. Mayor Longrie opened the public hearing and the following individuals spoke. Dick Johnson, 207 O'Day Street North, Maplewood, 8dd[HSS8dtheDVUDCiiHS@SkedvvhOh8d received the contract bid tod0 the work onthe streets and when the residents would be contacted to see if they want a driveway constructed. Johnny Jones, 200 Ster Street North, K8ao8vvVVd, addressed the council. He said he can't afford the assessment and would like to apply for a hardship. June 25, 2007, City Council Meeting EAI Chuck &h| said persons that want to apply for deferment of this assessment may contact the Public Works Department for confidentiality. Councilmember Cave moved to approve the Brookview Area Street Improvements. RESOLUTION 07 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to o resolution resolution adopted by the City Council on May 14 14 . 2007. calling for 8 Public Hearing, the assessment roll for the BrVVkvievy Area Street Improvements, City Project 07-01.vv@spF8SSDtSdiDGPUb|iCHR@riOgfon08t.punauuOttOK8iDO8aOt@St8tut8s, Chapter 429.and WHEREAS, the following property owners have filed objections tV their assessments according to the i of Minnesota Statutes, as follows: @. Parcel 01.28.22.12 —Vang Ko 222 Sterling Street N Mr. Kong objects the ordship. b. Parcel O1.28.22.12.U042 —Johnny Jones; | Street Mr. Jones Obi8CtStV�h888��8�nn�r� d odisability causing financial ' hardship. c. Parcel 01.28.22.21.0033 —Walter Croll, 165 Crestview Drive N Mr. Croll objects to his assessment based upon financial hardship. d Parcel 01 J ames Mr. Gunderson objects to the ass e. Parcel 01.28.22.12.2248 — Richard Jol^ Mr. Johnson objects to the asse& NOW, THEREFORE, BE IT RESOLVED 8 31 Crestview Drive based upon financial hardship. 207 GtN based upon financial hardship. E CITY COUNCIL CJF MAPLEVVOOO, 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 gth , 2007, as to their recommendations for adjustments. 2. The assessment roll 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 S period Vf 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear inL8n8sL at the n8Le of 6.0 percent per annum for the date of the adoption of this assessment resolution. T0 the first installment shall b8 added interest on the entire assessment from the date of this resolution until December 31.20O7. To each subsequent installment when due shall b8 added interest for one year on all unpaid installments. June 25, 2007, City Council Meeting 5 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 vvh0|8 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, aL any time after October 1.2007. pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to []9cennb8r 31 of the year in which such payment is rn8d8. Such payment nnUGt be made before October 150r interest will be charged through December 31of the next succeeding year. ^�~ 5. The ohv engineer and city clerk shall forthvvth8ft8 Octobe 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 bv the council Vm this n5 day Vf June 2OU7. Seconded by Councilmember Juenemann. Ayes — All 3' Century Avenue Improvements, City Project 03~15. 8. Public Hearing 715 p.m. b. Resolution Ordering Improv After Public Hearing @. Public VV0rka Director Chuck /\h| presented the report. Mayor Longrie opened the public hearing and the following individuals spoke. Richard Hover, 21 Century Avenue South, Maplewood,, owner of the Gunrtinm Drug Store, addressed the council. He said this is a financial hardship on the drug store if the center median is put in and the doctor's office may end up closing because of the access situation. The big concern is that they are requesting a one way in and out. This costs 8 lot Vf money and h8 doesn't feel it warrants a center median until 2010. Especially because that was stated at the original public hearing. ||e said there are over 5 businesses where they are proposing the turn lane. Dr. John Dickhudt, Minnhealth Afton Clinic, Maplewood addressed the council. H8 said they have been in business for 40 years and they take good care of people. There is a meeting the morning 0fJune 28, 2007, at their office for the business owners regarding the safety issues. He thinks from 8 fire safety issue it's nice k} have two accesses. Felipe and Ana Granda, 111 Century Avenue South, Maplewood, addressed the council. Ms. Granada asked why it was important to have a double lane on Century Avenue? Once the sidewalk is constructed in front of her house it will be difficult for them to turn because of the long driveway and will require them to turn into traffic in order for them to back out. With no median for them to go out they would have to drive to Lower Afton Road and come back go to Upper Afton Road depending OD which highway they come from. She asked who tO contact hJ get access tO the sewer and water On their property. She asked ifo company comes onto your property d0they have the right to damage your property? Karen Johnson, 105 CenturV Avenue South, Maplewood. She said the Gnando'S and her house are the only two r8Sid8nU8| properties in the area and having this center median would cause 8 access hardship for their properties. June 25, 2007, City Council Meeting 6 Bob Traun 413 Highpoint Curve, Maplewood. ||8 said heis8 member Vf the Lutheran Church of Peace and they are troubled by the city assessment because they are going to lose their trees, their sign and one of their two driveways. They are being assessed by the city but the church property iS not being improved. Mayor Longrie closed the public hearing. K88yorLonghe said before she would vote for the resolution ordering these improvements to Century Avenue she would like to see o clause inserted stating the council would like the plan for median tObe researched further and brought back k} the council for consideration. COUnd|nlenlb8[ Cave moved tO approve the K8c AN said staff would make the corrections to the resolution and those changes would be brought back b} the council in the minutes b]approve. Staff will also make in the recommendation tO change the assessment hearing tob8 conducted in2O (not O7)83stated in the staff report. Cou0ci|member Cave approved that amendment. RESOLUTION 07-06-097 WHEREAS, a resolution of the city council adopted the 11th day of June, 2007. fixed 8 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; 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, City of Maplewood in coordination with Ramsey and Washington Counties, Mn/DOT, and 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 8ngin88rfnrLhiSinnprOvem8nL8ndk5herebv directed tOprepare final plans and specifications for the making 0f said improvement. The City Engineer is hereby directed to work cooperatively with the Ramsey County engineer for the purpose of determining an appropriate solution and assisting to resolve the access issues to the businesses and properties on the southeastern corner of Upper Afton Road and Century Avenue, including considerations regarding the proposed median on Century Avenue. The City Engineer shall report to the City Council on the resolution of this issue prior to recommending approval of the final plans for Council consideration. June 25, 2007, City Council Meeting 7 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financ plan for the project. A pro budget Of$37O shall be established. The proposed financing plan iSasfollows: Street & Storm Assessments: $312.15873 K8SASFUndG: $ 25.000.00 Sanitary Sewer Fund: $ 32,841.27 Seconded bv{|oVn[j|nnennb8rRVsSbaCh. Ayes -All 4' Pond Overlook Public Improvements, City Project 07-08 8. Public ||e8hDQ 9:10 p.m. � o. Public Works Director Ch uck Ahl, recommended that the Mayor open the public hearing up for the P Overlook and hR8p the hearing open throughout item L 1. e. K88yVr Longhe nnUv8d to table item H. 4. under New Business item L. 1. in order to COnnUine all items for Pond Overlook into one discussion and open the public hearing 8t that time. Seconded bvCoUnCi|mennb8r CONSENT AGEN Seconded by Coui Seconded by Coui cilmember Cave. �nemann moved am Ayes- All Ayes- All i item 6. Ayes- All by Councilmember HH r Juenemann moved to adopt consent agenda item 7. Seconded by Councilmember Hjelle. Ayes All Councilmember Juenemann moved to adoipt consent agenda item 9. June 25, 2007, City Council Meeting 8 Approval of Claims Councilmember Juenemann moved Approval of Claims. U 0 19 0 1INUIRUTTINIff"I 64,726.31 Checks #72852 thru #72886 Dated 06/04/07 thru 06/12/07 344,743.64 Disbursements via debits to the 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 Seconded by Councilmember Cave. Ayes — All 2. Authorization to make payment for Recware Safari yearly support contract. Councilmember Juenemann moved to approve payment for Recware Safari Maintenance Fees. Seconded by Councilmember Cave. Ayes — All June 25, 2007, City Council Meeting 9 3. Resolution Authorizing Execution of Agreement — Safe and Sober Communities Grant. Councilmember Juenemann moved to approve the Resolution Authorizing Execution of Agreement for the Safe & Sober Communities Grant. RESOLUTION 07-06-098 AUTHORIZING EXECUTION OF AGREE 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 June 25, 2007. SIGNED: WITNESSETH: nature) Mayor (Signature) City Clerk (Date) (Date) 2008 Minnesota Safe & Sober Office of Traffic Safety, Department of Public Safety Seconded by Councilmember Hjelle. Ayes - All June 25, 2007, City Council Meeting 10 4. Fee Waiver — St. Paul East Parks Lions Club. Councilmember Juenemann moved to approve the Fee Waiver for St. Paul East Parks Lions Club. Seconded by Councilmember Cave. Ayes — All 5. Temporary Gambling Resolution — Pulmonary Hypertension Association — Battle Creek Park. Councilmember Juenemann moved to approve the Temporary Gambling Resolution — Pulmonary Hypertension Association — Battle Creek Park. TEMPORARY GAMBLING RESOLUTION 07-06-099 PULMONARY HYPERTENSION ASSOCIATION BATTLE CREEK PARK BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is resolved 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 timelines 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. r Cave. Ayes - All 6. Taste of Maplewood Council Dunk Tank Donation Councilmember Rossbach moved to approve the Taste of Maplewood Council Dunk Tank Donation to the Friends of St. Paul Parks and Ramsev Countv Trails and Friends of the N, Center. Seconded by Councilmember Hjelle. Ayes — All 7. Replace Existing Furnace and Air Conditioner at Station 4. Councilmember Juenemann moved to approve the Replacement of the Existing Furnace and Air Conditioner at Fire Station 4. Seconded by Councilmember Hjelle. Ayes — All June 25, 2007, City Council Meeting 11 8. Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Memorandum of Agreement with Capitol Regions Watershed District. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Proiect 06-16, Resolution Approving Memorandum of Agreement with Capitol Regions Watershed District. RESOLUTION 07-06-100 APPROVING MEMORANDUM OF AGREE FOR STORMWATER FACILITIES W17 CAPITOL REGIONS WATERSHED DISTI WHEREAS, the City of Maplewood wishes to reconstruct streets with Capitol Regions Watershed District 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. Diana Longrie, Mayor City Engineer June 25, 2007, City Council Meeting 12 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 Stormwater Manual means the reference guide referred to in DISTRICT ON 2. City Obligations The CITY shall maintain the stormwater management facilities in g condition and in accordance with the schedule of long term maintenance activities I 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. June 25, 2007, City Council Meeting 13 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 By Diana Longrie, Mayor By Chuck Ahl, Director of Public Works/City Engineer City of Maplewood 1902 County Road B East Maplewood, MN 55109 CAPITOL REGION WATERSHED DISTRICT By Mark Doneux, Coordinator By Robert P. Piram, President 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 Ayes - All June 25, 2007, City Council Meeting 14 9' Crestview Forest Improvements Deer Ridge Lane, City Project 06-21, Resokwkimm Accepting Feasibility Study and Ordering Public Hearing Councilmember Juenemann moved to approve the Crestview Forest Improvements Deer Rid-ge Lane, City Proiect 06-21, Resolution Accepting Feasibility Study and Ordering Public Hearing. RESOLUTION 07 ACCEPTING FEASIBILITY STUDY AND CALLING FOR PUBLIC HEARING � re port 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 25 2007,and WHEREAS, the report prov information regard whether the proposed pro is necessary, cost effective, and feasible. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFK8APLEVV[)(JO 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 o portion Ofthe cost of the improvement pursuant to Minnesota, Statutes, Chapter 429 at an estimated total cost of the improvement nf$24.A54. 2. A public hearing shall be held On such proposed improvement On the S m day of July, 2OU7.inthe council chambers [f city hall 8LY:15p.nn.. and the clerk shall give mailed and published notice O| such hearing and improvement as required bvlaw. Seconded byCOUnCi|nlenlb8rCave. AySS — A|| �U| N| � June 25, 2007, City Council Meeting 15 10. Heritage Square Easement Vacation Resolution Correction. Councilmember Juenemann moved to adopt 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. 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 recommendations loss "I'm NOW, P cribed vacati ded and, the The Maplewood City Seconded ie 25, 2007, the city council al and the planning commission. this request after considering the the city approves this vacation, the public interest in the property will go FORE, BE IT RESOLVED that the city council approve the above- cause this four by ten foot section of a drainage and utility easement is not �, would serve no public purpose. I adopted this resolution on June 25, 2007. mber Cave. Ayes - All June 25, 2007, City Council Meeting 16 J. AWARD OF BIDS 1. Brookview Area Street Improvements, City Project 07-01 a. Approve Resolution for Awarding Construction Contract a. Public Works Director AN presented the report. Councilmember Cave moved to approve the attached Resolution for the Award of Bids for Brookview Area Street Imr)rovements, Citv Proiect 07-01. RESOLUTION 07-06-102 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 day of June 2007. Diana Longrie, Mayor Karen Guilfoile, City Clerk Ayes- All 9:28 p.m. June 25, 2007, City Council Meeting 17 K. UNFINISHED BUSINESS Comforts mfHome Desi Review Amendment 2300 and 2310 Hazelwood Street o. Planner, Ken Roberts, presented the report. b. Matt Frisbi8 Architects, 215Noh � h2 Suite 204 River Falls, Wisconsin, and siding representatives for the proposed Comforts of Home building spoke. c. Board member, John Demko spoke for the CD The council discussed extensively the pros and cons of the vinyl siding versus James Hardie siding on the proposed building. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Councilmember Cave 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 and the revised floor plans submitted at the June 12, 2007, community design review board meeting for the 43-uDULtW8J assisted living facility (Comforts Vf Home) t0bR located 8t the south east corner of Highway 30 and Hazelwood Street (currently 23OO/231O Hazelwood SLrget. (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 8s spelled out in the May 11.2UOO. 9OgiD9Rr review including, but not limited t0. entering into o development agreement with the city tO ensure all construction activities COnfo[[n to K8@p|GvvO0d'Sst@Dd@FdS and ioensure an escrow iS taken bythe city for the cost [fG8-fo[t+wide sidewalk to b8 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 bH changed L0 Black Hills spruce. 2\ Plantings should Ue shown in the infiltration pond and rainwater garden. The plantings should include pre-approved native seed mixtures. 3\ The landscape area C8|ked out on the main floor plan in front 0fthe entry canopies (sheet A2) should be reflected on the landscape plan. 4\ A planting bed should U9 included in the interior of the loop driveway (in between the driveway and the road). 5) Two additional sugar maple trees should bR planted along Hazelwood Street. June 25, 2007, City Council Meeting 18 G) All landscaping (exclVding|8ndsc8pinQvvhhinLheinfiKr8donb8Sin8nd rainwater garden) must beirrigated. The landscape plan must reflect the location Vf all required underground irrigation sprinkler heads. d e [ A 0 The applicant should attempt to save the large oak tree located onthe southeast side of the building (Tree #573-3O" oak) and must take all means necessary to protect all other large trees scheduled tobe preserved Vnthe property during construction Of the facility. 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. Revised floor plans showing the expansion of the three outdoor patios if possible and the location of a second elevator. 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). distri ct The dina is the one showed on the rendered m4,I&QUE11 0pbs. C. 7) All disturbed areas must b9 established with turf. SIP The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 3 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. The applicant shall complete the kd|ovvng 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 8nd8DiD-grOund|8vvniniQaU0nSvaternforaU landscaped areas. d. Install all required outdoor lighting. June 25, 2007, City Council Meeting ig 8. |nsL8U vv8L8nd buffer signs which indicate that no nl0vvn0, cViting, or building is permitted within the 25-foot buffer. 4. If any required work is not done, the city may allow temporary occupancy if: 8. The city determines that the work is not essential to the public health, safety or vvexone. b. The above-required letter Of credit O[ cash escrow ia held bv the City Of Maplewood for all required exterior improvements. The owner 0[ contractor shall connp|8L9 any unfinished exterior innpn}v8nneDts by June 1 of the following year if occupancy Of the building isin the fall or winter orwithin six weeks of occupancy of the building if occupancy is in the spring or summer. 5. Signs are not approved wi this design signs must bR approved by the community design review board before inSb3||@ti0O. G. All work shall follow the approved plans � _ staff m prov8 minor changes. upgrades, and mechanical system upgrades so he recommended these items as a frien amendment to ensure these items are done. Councilmember Rossbach's friendly amendment was accepted by Mayor Longrie and Councilmember Cave. Seconded bv Mayor 8yOrLonghe. COUnci|nlenlb8r'SC8ve Hkel|8. JUSO8nl@OO `' N| � Noy — ROSSbaCh 2' Conditional Use Permit Review —A0apUmtree Group Home 2831 SouthUavwn Drive. 8. P|8nne[, Ken Roberts, presented the report. There was 8 lengthy discussion regarding what constitutes a criminal act and how the offense language iS written and how 8 criminal act iSconsidered. Mayor Longrie opened the public hearing and the following individuals spoke. a. Mick k8onderS. 2804SOuthk]vvD [}hwe K8nn|evvoOd. He spoke regarding activity in the neighborhood from the Mapletree Group Home. b. Earl SU8Dbh8O 1795 RGd8tzAvmDUR. K8Gphevv0Od. He spoke regarding the K88p|SvvOOd Police Department sending two cars to the K88pletr88 Group Home on June 15.20OY.and what happened with two kids in the car. June 25.2U07. City Council Meeting 20 C. Jon Brandt, Applicant, Mapletree Group Home, 2831 Southlawn Drive, Maplewood. He explained the program and how police calls are handled, how probation officers are contacted and how the probation officers make the decision to contact the police and how things are handled on a case by case basis at the group home. Kids are coming from several different counties due to the lack of facilities like this program. Councilmember Rossbach moved to approve the Conditional Use Permit Review for the MaDletree Group Home 2831 Southlawn Drive. Seconded by Councilmember Juenemann ;ouncilmember's Hjelle, uenemann, Rossbach Nays — Mayor Longrie, Councilmember Cave didn't have enough information to make a decision. Councilmember Rossbach moved to extend the city council meeting until 12:00 midnight. Seconded by Councilmember Hjelle. Ayes— Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Nay - Juenemann June 25, 2007, City Council Meeting 21 3. Lower Afton Road Trail, City Project 03-29, Approve Cooperative Agreement with Ramsey County. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Councilmember Juenemann moved to aDr)rove the Lower Afton Road Trail, Citv Proiect 03-29 Approve Cooperative Use Permit Review. RAMSEY COUNTY COOPERATIVE AGREEMENT RESOLUTION 07-06-103 WITH CITY OF MAPLEWOOD Lower Afton Road Trail from Estimated Amount Receivable Century Avenue to McKnight Road from City of Maplewood M.S.A.P. 130-020-033 Municipal State Aid Funds: Trail $100,000.00 Attachments: Engineers Estimate 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"; WHEREAS, the City and the County desire to reconstruct a Trail along the north side of %fton 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 June 25, 2007, City Council Meeting 22 WHEREAS, plans for this project K8.S.A.P.13O-O2O-U33ShovvppDpOSedCoDStnJoUOn. alignment, profiles, grades, and cross for the improvement of the Lower Afton Trail; and VVHEFlE/\S, the project indUd8G. in addition LV other things, gr8dinQ, bituminous paving, retaining vv8Us, minor concrete curb and gutter, storm S8vv8rS and erosion control; and WHEREAS, the County will take bids for the pro prepare 8n 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, |T|S HEREBY MUTUALLY AGREEDASR]LLOVVS: l. Prior L0 County award 0f8 contract, the County shall first receive concurrence from the City for award of the contract to the lowest responsible bidder.�� 2. Upon award of construction contract the County the construction inspection. 3. Ramsey County Parks and Recreation all maintenance activities 0l the Lower /\ftOD Road Trail. 4. All City owned rights of way and easements within the limits of the project for roads, uti lities 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 nf Minnesota funds — State Grant $321,000 ~ Ramsey County Solid Waste fund $334.000 7. The City nfM8p|8vvoOd'G participation iD the amount [f $1O8,O8O will be8 lump sum in8n amount not toexceed. 8. Upon completion of the project, the County shall own and maintain the sLVmn sewer catch basins, leads and culverts on its County roads and County Park and Corrections property. q. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County property. 10. The County shall pay 1U0% of the design and construction engineering costs associated with the project. June 25, 2007, City Council Meeting 23 |l. 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 b either party Of the limits Or liability provided by K8inn8GOt8 Gtatut8S, Chapter 466 Vr other applicable 8vx. 12. This Agreement shall remain in full force and effect terminated bv mutual agreement of the City and the County. 13. Preliminary plans reviewed at the City public he are hereby in all things approved. 14. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand bR given Orserved 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 nn8i|. Such notice or demand Sh8U 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 8s follows, until written notice of such address has been given: As to the City: City of Maplewood 183U County Road BEast Maplewood, MN 55109 AGLO the County: Ramsey County 1425 Paul Kirkwo|dDrive Arden Hi||S, MN 55112 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OFMAPLEVVOOD THE COUNTY OF RAMSEY B B Choir Board Of County Commissioners Its LIZA Its Chief Clerk-County Board June 25, 2007, City Council Meeting 24 Date Date Approved as to Form: City Attorney Approved as to Form: Assistant County Attorney Recommended for Approval: Haider, P.E. s Director and County Engineer Seconded by Councilmember Cave. yes - All June 25, 2007, City Council Meeting 25 4. Cottagewood Developer Reimbursement Agreement, City Project 06-10, Approve Agreement with Developer. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if any citizens wanted to speak regarding this item. No individuals came forward. Councilmember Hielle moved to approve the Cottagewood Developer Reimbursement Agreement, City Proiect 06-10, Approve Agreement with Developer. CITY OF MAPLEWOOD Ramsey County, Minnesota Developer Reimbursement Agreement For Cottag THIS AGREEMENT, nl8d8 this 25mday of June 2007, between the {|Uv of K88o|RvvVOd G Minnesota municipal corporation, acting bv and through its mayor and city manager, herein called the CITY and Lauren & CO.. [), L.T.D. h8ne|A called the DEVELOPER. IN CONSIDERATION of the fU||qx«inQ nnULV8| agreements and covenants, the parties hereby agree as follows: 1. The COU3gexypod Development property has been fully assessed for all project CO3ts associated with City Project U0-10 As part of City Project 00-10, sanitary sewer main installation was required in HiQhvvoOd 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 0 hvvOOd/\venueth8t previously had Io city sewer availability, listed as: 280O Nighvvo0d Avenue /nasidenti8|\ Avenue (nasidento]).287UHi hvvoOd Avenue (commercial), and 2692 Highwood Avenue (residential). June 25, 2007, City Council Meeting 26 At each time a given property listed above connects to the city sewer, the CITY shall reimburse the DEVELOPER in the amount equivalent t0 the city's 2O06 sewer cash connection charge 0f$2.8S0. |tis important Lo note that the CITY passed 8resolution on August 28"'.28U8.stating: Pertaining City Code Section 40-96 regarding 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 0f the fifteen (15) building lots within the Cotbsm 0d plat are exempt fnJ the city's sewer cash connection fee upon connection tothe 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 bR delivered personally 0r 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 8s follows, until written notice of such address has been given: As to the City: City 0fMaplewood 183U County Road BEast Maplewood, MN 55109 As to the Landowner: Phillip Soby Lauren &Co,O,L][.[). 200 Chestnut Street Stillwater, MN 55082 June 25, 2007, City Council Meeting 27 SIGNATURE: Lauren 8' Co, D. L.T.D. BY: PhiUipSobv TITLE: � ... STATE OF MINNESOTA) SS. COUNTY OF R/\K8SEY) The foregoing instrument was acknowledged before me this day of ) 2007,by and of the OWNER SIGNATURES QTY OF K8/\PLEVVC>{}D: Diana Longrie, Mayor STATE OF MINNESOTA)SS COUNTY OF RAMSEY) The foregoing i peland, City Manager me this day Of 2087, by Diana Lonoh8, Mayor Vfthe City ofMaplewood, Notary Public The foregoing was acknowledged before me this day 0f , 2007, by Greg Copeland, City Manager of the City of K8@D|8vvOOd @ municipal CO[p0r8tOD. Notary Public Seconded by Councilmember Juenemann. Ayes — All June 25, 2007, City Council Meeting 28 5' Final K»Umt — The Woodlands of W0mpUeVvmmd First Addition Sophia Avenue, east of 00cK0enemmy Street. G. Planner Ken Roberts, presented the report. b. Ron Lillistrand, Integra Homes, the applicant addressed the council. There were no questions for the applicant. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. No individuals came forward. Mayor Longrie moved to approve the Final Plat for The Woodlands of Maplewood First Addition Sophia Avenue, east of McMenemy Street. Seconded bvCOUnCi|080b8rHUS||8. Ayes- All NEW BUSINESS 1' Pond Overlook Town Houses 2161County Road D Zoning Map Change, Conditional Use Permit For Planned Unit Development, Preliminary Plat, Design Approval. 8. Planner Ken Roberts, gave the report. b. Doug Andrus, Andrus Homes, 2440 Charles Street N., Ste 210. North 8t. PGU| Applicant, addressed the council. KU8yorLnn8rie asked if anyone wanted to speak regarding this item. No individuals came forward. CoUnCi|m8mb8rRVsSbaCh moved to approve the following resolution: ZONING MAP CHANGE RESOLUTION 07-06-104 WHEREAS. Doug /\ndrVs, representing the developer and property buyer, applied for change tOthe city's zoning map from F (h3rnn residence) to R-3 (single and double dwellings). WHEREAS, this zoning rn@p change applies to property on the north Side of County Road [) now known 8S2101 County Road [) East (PIN 35-3U-22-44-O011.) WHEREAS. the |80o| description of the property is: The West 298 feet of the part lying Southerly of Highway 004 of SE Y4 Vf 8E Y4 (subject to Road), in Section 35, Township 30. Range 22. (PIN 35-30-22-44-001 1). WHEREAS, the history of this change is as follows: 1. [)n May 21.20O7. the planning commission held 8 public hearing. The city staff published 8 hearing notice in the M8o|8vvo0d R8v8vv and sent notices to the SVrn}Vnd|nQ property owners. The planning commission gave everyone @t the hearing a chance tO speak and present written statements prior to their recommendation. June 25, 2007, City Council Meeting 29 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 ShonQeinthezOningnl8phJrthehd|ovvingreoSona: 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 Ch will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have upon the logical, 9CVm]nnic8| extension of public services and f8Ci|iU8S, such as public water, sewers, pV|iC8 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 VnJune 25, 2007. Seconded byCOUnCi|nlennb8rCave. Ayes -All Counoi|rnennberRVssbaoh moved to approve the following resolution: CONDITIONAL USE PERMIT RESOLUTION 07-06-105 WHEREAS. K1r` Doug Andrus, representing Andrus Hnnnoe, applied fora conditional use p8mnii (CUP) for the Pond Overlook residential planned unit development /PU[)\. WHEREA0, this permit applies to property on the north side of County Rood D now KnOvvn as 2161 County Road D East (PIN 35-30-22-44-0811.\ WHEREAS, the |eQo| description of the property in: The West 298 feet of the pad lying Southerly of Highway 694 of SE 1 /4 0f 8E 1 /4 (subject to Road), in Section 35, Township 30. Range 22. (PIN 35-30-22-44-001 1). WHEREAS, the history of this conditional use permit is as follows: 1. On May 21. 2007, the planning commission held o public hearing. The city staff published 8 notice in the paper and S8nL nOUC8S to the surrounding property owners. The planning commission gave everyone at the hearing 8 chance to Sp88h and present written statements. The oOnnnniSSiOn also considered r8pOd3 and neC0nl[nRDd8tiOnS of the City staff. The planning commission recommended that the city council approve the proposed permit. 2. On June 25, 2007, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. June 25, 2007, City Council Meeting 30 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described The use would be k]coted, designed, m8int8ined. 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 vvVV|d not involve any activity, pn]C8Gs, nn8iera|8, equipment or methods Of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance tO any person Or property, because 0f excessive noise, glare, smoke, dust, odor, hJnnHs, water orair po||VLi0n drainage, water run-off, general unsightliness, electrical interference 0r other nuisances. 5. The |U generate only i i | vehicular create traffic congestion or unsafe access on existing or proposed streets. -. The use would -- served -' ---`_--- public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and 7. The |d not create excessive additional costs for public facilities or services. 8. The |d maximize the H SiL8'S n8LUn8| and scenic features into the development design. 9. The 8ntal effects. Approval i 1. All construction date-stamped April 19 2007 and the landscape plans dated June 12 2007 except where the city requires changes. Such changes shall include: e grading and site plans to show: (1) Revised storm water pond designs aSmaybeSu0geStedOrnaquiredbvthe watershed district or city engineer. The pond shall meet the city's ordinance The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting Gs many Uf the large trees 8S possible along the east side of the property. (3) The street (Furness Court) must b8at least 28 feet wide to allow parking ODone side. The city council may approve major Chongestothepksns. 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. June 25, 2007, City Council Meeting 31 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, 30UY. and the plans shall include: o. The 0[8din0. utility, dn@iD8gS. 8nJSiOD CODtnU[ streets, driveway, trails, tree preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary kJ ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer Or contractor shall install @fou Ck,vin chain-link fence at the top of the retaining wall. (2) Provide for staff approval a detailed storm water management plan. 4. The design – the ,--`-,— shall meet --,–''---- standards and shall be subject to the approval Of the city engineer. The developer shall b8 responsible forgetting needed off- site pondGnddn8in8g8R8G8nn8nLS,if8ppUcab|8. 5. The developer Vr contractor shall: o. Complete all grading for the site drainage and the pond and meet all city requirements. b.~P|8ce 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 noedeha|s from the site. 9. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall bR with a study, testing O[ other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor orbuilder 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 b8hJn] the City will issue a building permit for the town houses. 8. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: 8. Front-yard setback (h0nn a public street or8 private driveway): nnininnunn - 20 ft, rn8xirnUrn –35feet b. Front-yard setback (public side street): minimum - 30 feet, maximum - none c. Re8r+oan1Setbonk: 20 feet from any adjacent residential property line Y. 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. June 25, 2007, City Council Meeting 32 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution On June 25.2007. Seconded bvCoVn[i|m8mb8rHUe||8. AYeG - A|| C. Rossbach to approve the Pond Overlook preliminary plat (received b the city on April 19, 2007). The developer shall complete the following before the citV council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 8. 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 GDd necessary easements. This shall include 8OtS 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 XC8| Energy install Group V rate streetlights inak least two locations. One light ShaU UR8t the intersection Of County Road 0 and the proposed Str88t(Furn8aSP|@C8) 8DdthG second near the north or east end ofthe street near the cu|-d8-S8t. The exact style and location shall b8 subject to the city engineer's approval. 8. Pay the city for the cost OftnBffiC-oontn}|. street identification and no parking signs. t Cap, seal and abandon any wells that may be on the site and remove septic systems or dr8infie|dS" subject to K8ipReS0L8 rules and guidelines. Q. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap n]et8|, 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 cVnLn}|, driveway, tree, and sLn88t plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11.20OY. and shall meet the following conditions: o. The 8n3SiOD C0DtDJ| plans Sho|| 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 |iD8S OD this plan Sh8|| 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 (4) The street and driveway grades as allowed by the city engineer. June 25, 2007, City Council Meeting 33 (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 8 no-maintenance vegetation and be stabilized before the city approves the final plat. U9\ All retaining vv8Us on the plans. Any retaining walls taller than four feet require 8 building permit from the ohv. The developer shall install a protective rail or fence on top of any retaining vv8|| that is taller than four feet or an may be required by the Cib/ 9Dg|D9m[ (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. /8\ NV grading beyond the plat boundary temporary grading easements from the affected property owner(s). (9) Emergency overflow Svv8|eG as required by the city engineer orby the watershed district. The overflow svv8|e3shall one-foot deep and protected with approved permanent soil-stabilization blankets.�� (10) The drai the drainage calculations, the entire project site and /11\ As little grading as pnSsib loper's engineer shall provide the city engineer with inage design shall accommod the run from m increase the run from the s|[8. to keer) as manv of the existinct trees on this |-cl8 and town houses. This is the site as is reasonably 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. Show where developer will remove, save Or replace large trees. This plan shall include an inventory of all existing large trees on the site. C3\ Show the size species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half CZ inches in diameter and shall UmG mix Of red and white oaks, ash, lindens, sugar maples Or other native species. The coniferous trees shall b8ot least eight /8\ feet tall and shall b8@ mix 0fAustrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff G detailed tree planting plan and material list. June 25, 2007, City Council Meeting 34 (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (U) along the north and south sides Vf the site b} help screen the development frVnn the freeway k} the north and from County Road []k} the south. (c) Along the east side of the site to help provide screening of the new C0nGtnJcLk}n from the homes LVthe east. /Y\ Require the developer k} replace any trees that die within one year Uf 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 design Of eight percent and the maximum street grade within 75feet 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 iLis not needed for drainage purposes. (4) The coordination [f the water service |oc8LiOnG. alignments and sizing with the standards and peqUin8nn8Ots of the North Saint F'Gu| utility department. Fire-flow requirements and hydrant locations shall be verified with the K48p|evvnod 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 b8 outside the p area. (5) The plan and profiles tf 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 9n8Un8 that there is no increase in the rate ofgtVrnn+water run-Off leaving the site above the current (pped8v8|Opnneni) 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 k} the engineering department's review ofthe construction plans. 4. Change the plat 8afollows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. June 25, 2007, City Council Meeting 35 5. Secure and provide all required easements for the development. These shall include any off- site 8. Sign o developer's agreement with the city that guarantees that the developer or onn[nan[or 8. Complete all grading for overall site drainage, rough grading, and the kd8n8mcinQ of the public road and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 7. Submit the homeowners' SSOCGtk)D bylaws and rules to the city for approval by city staff. These are nn assure that there will oe one responsible party for the care and maintenance [n the common are8s, anyout|ota. private Uti|itie3, water services, landscaping and retaining VY8US. 8. Record the following with the final plat: 8. All homeowners' association documents. U. A covenant or deed restriction that prohibits any further subdivision Or splitting of the |0tS Or parcels in the plat that would create additional building sites Un|SSS approved by the City council. C. A covenant or association documents that addresses the proper installation, maintenance and n]p|aC8nnent of any retaining walls. d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown 0n the project plans) from going onto County Road O. The applicant shall submit the language h]rthes8d8Uications8ndr8stri[tionstVth8Cityh]r 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 p8mnd from the Watershed District for grading. 11. Obtain construction permit from the Minnesota Pollution Control Agency (MPCA). 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. Seconded by Councilmember Hjelle. Ayes -all June 25, 2007, City Council Meeting 36 [ommission8rRosSb8dl moved to 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 r8vRvv in two years if the odv has not issued 8 building p8mnd for this project. 2. CVnlo|8t8 the follow before the city issues building permit: G. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, landscaping, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Th `SOneOnOdatedK8@y11.2O07. (1) ThR8nOSi0n oOntnO| p|GD ShG|| be consistent with city code. v ` ' ' (2) The grading plan Sh8U� `_' � (B) Include building, floor elevation and contour information for each home site. The lot lines On this plan shall 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 vvo|kg more than four feet tall require a building permit from and shall have 8 fence 0r some other protective barrier along the top of the wall. e) Show the proposed street and driveway grades as allowed by the city engineer. Show the drainage areas, and the devel engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the surrounding areas. (o) Show details about the required fence bv the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall. (3) The tree plan shall: (8) Be approved bv the city engineer Vrbv the city env manager before site grading Or final plat approval. The developer and city staff will need bOnegotiate 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 8 city-tree planting fund. June 25, 2007, City Council Meeting 37 (b) |ndUd8 an inventory of all existing large trees on the site and GhGU 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 U8St least eight feet tall and shall b88 mix [f Black Hills spruce and AUSth8D pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (8) B8 consistent with the plan the applicant submitted 8t the June 12. 2007, CIDRB meeting that was reviewed by Virginia Gaynor and the CDRB. (4) The street, driveway and utility plans shall sh /8\ A water service L0 each lot and unit. (b) All private driveways tO the units sd least 20 feet wide. /mJ |f the developer wants to have parking onone side Of the new street, then itmust be8t least 38 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs LV meet the above-listed standards. /e\ The new street labeled as Furness Place and County Road D labeled onall 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 acertificate of survey for all new construction and have each building staked bya registered land surveyor. t. 8UbrniL 8 revised landscape plan to staff for approval that incorporates the h]||ovving details: /1\ All lawn areas shall be sodded. The city engineer shall determine the vegetation within the pondingarea. (2) The addition O[ trees along the north and south sides 0f the site. (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall b8 approved by the city engineer Vr city naturalist and shall b8 shown On the project |8ndsCopSp|8nS. (4) Having in-ground irrigation for all landscape areas (code neqUin8meni. (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. June 25, 2007, City Council Meeting 38 (7) The manicured or mowed areas from the n8UJr8| 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 ornO maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (M) |n addition k} 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 pondinQ area). /9\ The contractor shall restore the County Road [) boulevard sod. (1U) Adding more evergreen trees (Black \ along the north and south property lines oTthe site. These trees are to be at least eight feet tall, and the contractor shall plant these trees m staggered 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 Ue 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 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, CIDRB meeting. City staff must approve these plans before the city will issue a building permit. h. each housing unit when they get the building permit for each unit. i Submit and rules LO the city for approval bv the city staff. These are tO assure that there will bG 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 K8n0[)T. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall bR150 percent Of the cost Of the work. June 25, 2007, City Council Meeting 39 3. Complete the following before occupying each building: 8. Replace property irons that are removed because Of this construction. b. Restore and sod d8nl808d UoV|8vandG and sod SU turf areas. c. Complete all landscaping 8ndUJrfinig8U0nforih8ibVi|dinQ. d. Install the paved driveway for each unit. S. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. |n 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 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 x3nOsC@po7g by June / 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 tothe project plans. Seconded by Mayor Longrie. Ayes - All June 25, 2007, City Council Meeting 40 Pond Over Public Improvements, City Pro 07-08 a. Public Works Director, Chuck Ahl, presented the report to the council. Mayor Longrie had moved to table item H. 4. Pond Overlook Public Improvements, City Proj 07-88 and move it under New Business item L 1. so the public hearing could all Pond Overlook items together into one discussion and public hearing. Mayor Longrie asked if anyone wanted to speak regarding this item. There were no individuals that came forward. RESOLUTION 07-06-1 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11 th day of June, 2007, fixed a date for a council hearing on the proposed improvements for the Pond Overlook Improvements (2161 County Road [}). City Project O7-08. ~� AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held 0n June 25th.2OO7. and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NC}VV. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF |NAPLEVVC}C)[}. MINNESOTA, 88follows: 1. That if is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood nn8he improvements to Pond Overlook |nnpnJvHrnentG (2101 County Road [}). City P � U7-0R. 2. Such i[OpFVVeAo8nf is hereby ordered as proposed in the council resolution adopted the 25th day of June 2007. 3. The ujh/'s Consu|t@nt. SEH is the designated engineer for this improvement and is hereby directed to pnapona final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized LO make the financial transfers necessary tO implement the financing plan for the project. A project budgSt0f$283.427Sh@||be established. The proposed financing plan is by nl98ns of developer property assessment for all project costs. Seconded by Councilmember Cave. Ayes — All June 25, 2007, City Council Meeting 41 2' BmookviesmArea Street Improvements, City Project 07~01,Resolutions Approving No Parking on BrookviemmDrive and Sterling Street. o. Public Works Director, Chuck Ah| presented the report. COUnCi|0e0b8[HU9||emoved 07-01, Resolutions Approving No Parking on Brookview Drive and Sterling Street. RESOLUTION 07-06- 07 WHEREAS, the City Council approved the preparation and specifications for the BrOOkvi9vv Area Street Improvements, City Project O7-01 in May 2007, @Od WHEREAS, the city will be expecting Municipal State Aid funds on the improvement of B0Okview0h and WHEREAS, segments of said improvement do not D0nfo[nl to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. N[)VV. THEREFORE, IT IS HEREBY RESOLVED that the City nfMaplewood shall ban the parking of motor vehicles on the north side of Brookview Drive from its intersection with Sterling Street to its intersection with Dated at Maplewood, Minnesota this 25ffi day of June, 2007. IN 07-06-096' 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 I be expending Municipal State Aid funds on the improvement of WHEREAS, segments of said improvement do not conform tOthe approved State Aid rd for unrestricted parNnq; and ERE/\S. release Of K8G/\funds is dependent OD specified pGdNOg r9SthCtk}Ds. 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 LOits intersection with Bn]okvievvDrive. Dated 8t Maplewood, k8iOn9SOt8.UliSn5 Seconded bvCound|mernberRosabaoh. Ayes —CQUDCi|me[nber's Cave, HeJ|e. Nay — Mayor Longrie June 25, 2007, City Council Meeting 42 3. Brookview Area Street Improvements, City Project 07-01, O'Day Street Closure Petition. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Hielle moved to deny the Petition to close O'Day Street between Hudson Place and Brookview Drive for the Brookview Area Street Improvements, City Project 07-01, O'Day Street Closure Petition. Seconded by Councilmember Rossbach. Ayes — Councilmember's Cave, Juenernann, Rossbach Nav — Mayor Longrie Hjelle, June 25, 2007, City Council Meeting 43 4. Desoto Skillman Area Street Improvements, City Project 06-16, Resolutions Approving No Parking on Desoto Street from Larpenteur Avenue to Roselawn Avenue. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. Connie Piche, 1784 Desoto Street, Maplewood, addressed the council. She said she serves on a task force in the neighborhood and she went around with a petition. The people with big yards and long driveways don't care about the parking on the street. There is a group of people that have no driveway and no parking and can barely drive their own cars down their driveways. Those people with the big yards don't want to accommodate others with parking bays. They want to keep the street width at 26-feet wide to keep the speeds down. They don't want overnight parking, they just want to have a place for company to park. They weren't notified of the "no parking" rule at the original meeting; they might have gone with a wider street if they could've accommodated parking. She is fine with no parking on "one" side of the street. Cars park on the west side of the road now. Councilmember Rossbach moved to approve the Desoto Skillman Area Street Improvements, City Proiect 06-16, Resolutions Aipprovinq No Parking on the East Side of Desoto Street from Larpenteur Avenue to Roselawn Avenue and revoking the Municipal State Aid designation for the same segment. RESOLUTION 07-06-094 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 Karen Guilfoile, City Clerk Seconded by Councilmember Cave. Ayes — All June 25, 2007, City Council Meeting 44 RESOLUTION 07-06-109 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, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the east side of Desoto Street from its intersection with Larpenteur Avenue to its intersection with Roselawn Avenue. Seconded by Councilmember Cave. k1l June 25, 2007, City Council Meeting 45 Dated at Maplewood, Minnesota this 25 day of June, 2 re Bit roil] N ki I LT, 1:1 kill I Councilmember Rossbach moved to adiourn the city council meeting at 12:02 A.M. due to the late hour of the meeting. Seconded by Mayor Longrie. Ayes — All Councilmember Juenemann said she would like to see the Conservation to Protect Open Spaces Status Report moved to Unfinished Business at the next City Council meeting rather than as an Administrative Presentation. (items M.9. through M4. and N.1. were late hour of the meeting.) M. COUNCIL PRESENTATIONS 1 Councilmember Erik Hjelle a. Councilmember Rossbach's the next city council meeting due to the the er's Review 2. New Dispatch 7,11 3. Special Olympics 4. Ramsey County League of Local G nts nts to Protect Open Spaces Status Report June 25, 2007, City Council Meeting 46 Agenda Item H1 TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21 a. Public Hearing 7:15 pm b. Resolution Ordering Improvement after Public Hearing DATE: June 21, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:15 p.m., Monday, July 9, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the June 25, 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 September 25, 2006 regular meeting. On June 25, 2007 the city council accepted the feasibility report and ordered the public hearing. Members of the townhome associations had petitioned the city to conduct the feasibility study and consider accepting Deer Ridge Lane (currently a private street) as a public street. Budget Impact The city would assess all associated costs to the properties abutting the improvement on Deer Ridge Lane. The two townhome associations' legal staff is looking into paying lump sum costs to the city within 30 days of the assessment hearing to avoid assessments on individual properties within the associations. Project Estimate: $24,954 RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21. Attachments: 1. Resolution Ordering Improvement After Public Hearing 2. Location Map RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, G resolution of the city council adopted the 25th day of June, 2007 fixed 8date for council hearing on the proposed improvements for the Crestview Forest Improvements (Deer Ridge Lane). City Project 06-21. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on July Sth,2007, and the council has heard all persons desiring L8b8heard on the matter and has fully considered the same; NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL DF MAPLEVVO{}D, MINNESOTA, as follows: 1. That itiGnecessary, and feasible, Gs detailed in the feasibility report, that the City of Maplewood make improvements to Crestview Forest Improvements (Deer Ridge Lane), City Project 08-21. 2. Such improvement iS hereby ordered @s proposed inthe council resolution adopted the 9th day of July 2U07. 3. The city engineer iS the designated engine8rfnrthisinnprovementondiaherebvdireotedho prepare final plans and specifications for the making of said improvement. 4. The finance director i3 hereby authorized tO make the financial transfers necessary b3 implement the financing plan for the project. A project bUdgeLCf $24.954 shall bHestablished. The proposed financing plan is by means of property assessment to the improved properties on Deer Ridge Lane for all project costs. Agenda Item H2 � RA 1 - 1 • F-74 III • 111111111JO =-* 0 ro Me- F. i• I KOM T Date: July 5, 2007 Re: Public Hearing, Financing Program for a Multi-Family Rental Housing Development, (The Village on Woodlynn Project) Woodlynn Partners, LP (Developer) is currently engaged in the acquisition, renovation and equipping of a 59-unit multi-family senior rental housing facility for low and moderate income tenants located at 2122 Woodlynn Avenue in Maplewood and known as Woodlynn Village or also as the Cottages of Maplewood. Developer has requested that the City of Maplewood assist their efforts by providing tax-exempt revenue bond financing of $5.5 million. This financing is "conduit financing" in that it does not involve the City's full faith and credit and is not a general obligation of the city nor the taxpayers of the city. All risk is passed through to the purchasers of the bonds. At the regular City Council meeting held on June 11, 2007, the Council gave preliminary approval to the proposal, authorized the application for bonding authority from the Minnesota Department of Finance, authorized the preparation of necessary documents and materials and set the date for this public hearing. The public hearing is requested at this time. No further Council action is required at this time beyond the public hearing. A Woodlynn Village Overview Woodlynn Village, sometimes called the Cottages of Maplewood, located at 2122 Woodlyrni Avenue in Maplewood is a 59 unit affordable independent living community for persons aged 62 and over. Woodlynn Village was developed in 1989 and financed with a CDBG grant, 4% Tax Credits, a HUD loan and a tax exempt bond issued by the City of Maplewood. We believe that a short term TIF agreement might have been part of the initial development as well. Woodlynn's purpose was to provide affordable independent living facilities for persons 62 and over. Affordable was defined as serving individuals with incomes of less than 60% of median income. The requirements of maintaining this community as an affordable option expired in 2005. Woodlynn Properties, LP has a purchase agreement with the current owners / general partners who are planning to retire. Woodlynn Properties intent is to acquire the property through the use of MHFA programs with a combination of 4% Tax Credits and tax exempt bond financing. Woodlyrul properties will continue the focus of serving persons 62 and over and reinstate the requirement for serving more than 80% of the apartments for individuals with incomes of less than 60% of median income. Woodlynn Properties intends to complete more than $600,000 of unit renovations and site improvements, reinstate the 4% Tax Credit commitment for a minimum of 15 years. Woodlynn Properties is requesting that the City of Maplewood approve resolutions as prepared and presented that recommit Woodlynn Village to its' original intent and purpose. AGENDA NO. I -1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: July 9, 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: $ 357,163.24 Checks # 72934 thru # 72988 dated 06/18/07 thru 06126/07 $ 223,071.41 Disbursements via debits to checking account dated 06/15/07 thru 06/28/07 $ 556,633.02 Checks # 72989 thru # 73051 dated 06127107 thru 07/03107 $ 168,183.09 Disbursements via debits to checking account dated 06/21/2007 thru 6/28/2007 $ 1,305,050.76 Total Accounts Payable PAYROLL $ 458,941.57 Payroll Checks and Direct Deposits dated 06/29/07 $ 563.16 Payroll Deduction check # 1002465 thru # 1002466 dated 06/29/07 $ 459,504.73 Total Payroll $ 1,764,555.49 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. min attachments P :\APPROVAL OF CLAIMS12007107- AprClms 06 -22 and 06 -29 Check Register City of Maplewood 0612212007 Check Date Vendor Description Amount 72934 0611812007 00001 ONE TIME VENDOR M GORE 6115 PAYROLL ADJ 143.55 72935 0612012007 00001 ONE TIME VENDOR J BOHL ADD'L WAGES FOR 6115 387.53 72936 06/2612007 03576 EUREKA RECYCLING RECYCLING - JUNE 22,449.57 72937 0612612007 02728 KIMLEY -HORN & ASSOCIATES INC PROD 06 -16 PROF SRVS THRU 4130 67,955.29 06/26/2007 02728 KIMLEY -HORN & ASSOCIATES INC PROD 06 -17 PROF SRVS THRU 4130 42,176.39 0612612007 02728 KIMLEY -HORN & ASSOCIATES INC PROD 04 -21 PROF SRVS THRU 5131 14,80639 72938 06/26/2007 02607 KINNICKINNIC NATIVES LLC PROD 05 -16 KENWOOD PLANTS 211.00 0612612007 02607 KINNICKINNIC NATIVES LLC PLANTS FOR WELCOME GARDEN NC 165.00 72939 06/26/2007 01337 RAMSEY COUNTY -PROP REC & REV PROD 05 -16 KENWOOD PLANTS 1,329.12 0612612007 01337 RAMSEY COUNTY -PROP REC & REV PROD 05 -16 KENWOOD PLANTS 612.91 0612612007 01337 RAMSEY COUNTY -PROP REC & REV MCC PLANTS FOR PATIO AREA 607.05 0612612007 01337 RAMSEY COUNTY -PROP REC & REV PROJ 05 -16 KENWOOD PLANTS 545.28 06/26/2007 01337 RAMSEY COUNTY -PROP REC & REV PROD 05 -16 KENWOOD PLANTS 512.80 0612612007 01337 RAMSEY COUNTY -PROP REC & REV PROD 05 -16 KENWOOD PLANTS 465.41 06/26/2007 01337 RAMSEY COUNTY -PROP REC & REV PROD 05 -16 KENWOOD PLANTS 266.25 0612612007 01337 RAMSEY COUNTY -PROP REC & REV PLANTS-LANDSCAPE 206.61 72940 06/2612007 01360 REINHART FOODSERVICE MDSE FOR RESALE 273.53 72941 0612612007 01504 CITY OF ST PAUL INSTALL SPEED SIGN 1,946.65 06/2612007 01504 CITY OF ST PAUL WATER USAGE FOR SWEEPING 464.13 72942 0612612007 02410 WELLS FARGO LEASING INC COPIER LEASE 6/9 - 719 1,467.57 72943 06/26/2007 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 614 - 6/17 1,688.60 72944 0612612007 01936 CHAD BERGO REIMB FOR MILEAGE & INT MAY & JUNE 114.39 72945 06/26/2007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 189.00 0612612007 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 126.00 72946 06/26/2007 03453 MYRON BJORNSTAD ESCROW RELEASE 2074 EDGERTON 1,009.01 72947 0612612007 03812 JASON BRASH REIMB FOR TUITION 3/27 - 5115 272.01 72948 0612612007 00340 CRAMER BUILDING SERVICES COMPRESSOR REPLACEMENT MCC 2,351.49 0612612007 00340 CRAMER BUILDING SERVICES TRANS MAINT AGREEMENT - QTRLY 2,217.76 72949 06/26/2007 03470 DANKER INC PROD 05 -10 DAHL AVE PMT #7 FINAL 12,479.87 72950 0612612007 03895 ESCH CONSTRUCTION SUPPLY, INC. DRY CUT DIAMOND SAW BLADE 223.64 72951 06/26/2007 00003 ESCROW REFUND ESCROW REL WILLOW RIVER 521 500.00 72952 0612612007 00003 ESCROW REFUND ESCROW REL J PETERSON -1842 500.00 72953 06/2612007 00003 ESCROW REFUND ESCROW REL L H ELG ESE N-1 776 383.00 0612612007 00003 ESCROW REFUND ESCROW REL L HELGESEN -1776 117.00 72954 06/2612007 00487 F.M. FRATTALONE EXC INC ESCROW REL - 2940 COUNTRYVIEW DR 30,022.05 0612612007 00487 F.M. FRATTALONE EXC INC ESCROW REL - 2950 MAPLEWOOD DR 20,077.67 72955 06/26/2007 03728 GREAT RIVER GREENING WEEDING AT MAPLE HILLS 150.00 72956 0612612007 00483 IDEACOM MID - AMERICA PHONE REPAIRS & PARTS 206.43 06/26/2007 00483 IDEACOM MID - AMERICA PHONE REPAIRS & PARTS 166.07 72957 0612612007 01605 IFP TEST SERVICES INC PSYCH EXAM FOR CANDIDATES 750.00 72958 06/26/2007 02237 IMPERIAL IMPRESSIONS TOWING & IMPOUND BOOKS 319.47 72959 0612612007 00827 L M C I T CLAIM DEDUCTIBLE 11055587 25,864.08 72960 0612612007 03893 MINNESOTA MULCH & SOIL RAIN GARDEN - MAPLE HILLS 78184 72961 0612612007 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK - MAY 392.00 72962 06/26/2007 01175 CITY OF NORTH ST PAUL MONTHLY UTILITIES 4,047.59 72963 0612612007 01200 MIKE NOVAK REIMB FOR SAFETY BOOTS 133.45 72964 06/26/2007 00001 ONE TIME VENDOR REIMB J EWALD FOR RAINGARDENS 147.97 72965 0612612007 00001 ONE TIME VENDOR REFUND C WARLING - SPORTS CLINIC 65.00 72966 06/2612007 00001 ONE TIME VENDOR REFUND I PEABODY - SWIM CLASS 60.00 72967 0612612007 00001 ONE TIME VENDOR REFUND N MOORE - MEMBERSHIP 59.64 72968 06/2612007 00001 ONE TIME VENDOR REIMB K HONSA FOR RAINGARDENS 40.41 72969 0612612007 00001 ONE TIME VENDOR REFUND RONDO LEARNING CTR- 25.10 72970 06/26/2007 00001 ONE TIME VENDOR REIMB R BURT FOR OVERPD DRIVEWAY 20.00 72971 0612612007 00001 ONE TIME VENDOR REFUND J COOK - MEDICA BENEFIT 20.00 72972 06/26/2007 00001 ONE TIME VENDOR REFUND J ALICEA - MEDICA BENEFIT 20.00 72973 0612612007 00001 ONE TIME VENDOR REFUND S DANIELS - MEDICA BENEFIT 20.00 72974 06/26/2007 00001 ONE TIME VENDOR REFUND R BROWN - MEDICA BENEFIT 20.00 2 Check Register City of Maplewood 0612212007 Check 72975 72976 72977 72978 72979 72980 72981 72982 72983 72984 72985 72986 72987 72988 Date Vendor Description Amount 0612612007 01225 OSWALD HOSE & ADAPTERS 0612612007 01254 PEPSI -COLA COMPANY 06/2612007 01254 PEPSI -COLA COMPANY 0612612007 03151 PETTY CASH 06126/2007 00396 DEPT OF PUBLIC SAFETY 0612612007 03897 RAMSEY CO LEAGUE OF LOCAL GOV 0612612007 03898 RNR PROPERTIES, LLC 0612612007 03057 RYAN COMPANIES US INC 0612612007 01409 S.E.H. 0612612007 03278 SKRYPEK'S DAIRY QUEEN 06126/2007 03894 HAROLD SR. SONNEK 0612612007 01574 T.A. SCHIFSKY & SONS, INC 06126/2007 01574 T.A. SCHIFSKY & SONS, INC 0612612007 02069 ULTIMATE DRAIN SERVICES INC 0612612007 02069 ULTIMATE DRAIN SERVICES INC 0612612007 01750 THE WATSON CO INC 0612612007 01755 WEBER ELECTRIC 55 Checks in this report. RIBBED YELLOW HOSE 124.69 MDSE FOR RESALE 613.20 MDSE FOR RESALE 524.55 REPLENISH PETTY CASH 241.67 CJDN QUARTERLY PMT - INTEREST 2.10 RCLLG MEMBERSHIP DUES 945.00 ESCROW REL 760 CRESTVIEW DR N 2,510.14 REFUND ESCROW LEXUS SERVICE 71,106.15 PROF SERVICES - MAY 1,069.24 DO CAKES FOR B -DAY PROGRAM 236.75 ESCROW REL 2937 BELLAIRE 2,506.16 PROJ 04 -15 GLADSTONE N PMT #9 8,506.25 VARIOUS BITUMINOUS MATERIALS 4,053.36 PROD 07 -01 SEWER TELEVISING 560.00 PROJ07 -01 SEWER TELEVISING 325.00 MDSE FOR RESALE 664.31 INSTALL PLUGMOLD & REPLACE 599.60 91 MEMORANDUM TO: City Manager FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: It is recommended that you approve payment of the following claims: ACCOUNTS PAYABLE: 357,163.24 Checks # 72934 thru # 72988 dated 06118/07 thru 06/26/07 223,071.41 Disbursements via debits to checking account dated 06115/07 thru 06/28/07 $ 580,234.65 TOTAL Attached is a detailed listing of these claims for your review. Approved by: City Manager min attachments Date PAAPPROVAL OF CLAIMS\2007\07-AprCIms 06-22 and 06-29 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 06/14/06 06/14/06 06/14/06 06/15/06 06/15/06 06/15/06 06/18/06 06/18/06 06/18/06 06/18/06 06/18/06 06/19/06 06/19/06 06/20/06 06/21/06 06/22/06 06/25/06 06/26/06 06/27/06 06/15/06 06/15/06 06/15/06 06/18/06 06/18/06 06/18/06 06/19/06 06/19/06 06/19/06 06/19/06 06/19/06 06/20/06 06/20/06 06/21/06 06/22/06 06/25/06 06/26/06 06/27/06 06/28/06 MN State Treasurer MN Dept of Natural Resources ICMA (Vantagepointe) MN State Treasurer U.S. Treasurer P. E. R.A. MN State Treasurer MidAmerica - ING MN State Treasurer WI Dept of Revenue Labor Unions MN State Treasurer Pitney Bowes MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer • 1 Drivers License /Deputy Registrar DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P. E. R.A. Drivers License /Deputy Registrar HRA Flex plan State Payroll Tax State Payroll Tax Union Dues Drivers License /Deputy Registrar Postage Drivers License /Deputy Registrar Drivers License /Deputy Registrar Drivers License /Deputy Registrar Drivers License /Deputy Registrar Drivers License /Deputy Registrar Drivers License /Deputy Registrar Amount 9,603.25 1,214.50 4,208.66 8,295.25 87,472.62 63,738.70 13,561.00 1,934.55 16,797.52 982.72 3,288.09 8,989.55 2,985.00 0.00 0.00 0.00 0.00 0.00 0.00 223, 071.41 MEMORANDUM TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: 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. PAYROLL $ 458,941.57 Payroll Checks and Direct Deposits dated 06129107 563.16 Payroll Deduction check # 1002465 thru # 1002466 dated 06/29107 $ 459,504.73 Total Payroll Attached is a detailed listing of these claims. min attachments PAAPPROVAL OF CLAIMS\2007\07-AprCIms 06-22 and 06-29 Check Register City of Maplewood [�Z:3F�Jf►7iZ�� Check Date Vendor 72989 0612712007 02464 US BANK 72990 0612812007 01338 RAMSEY COUNTY -VITAL RECORDS 72991 0710312007 00463 EMERGENCY APPARATUS MAINT 72992 0710312007 02728 KIMLEY -HORN & ASSOCIATES INC 0710312007 02728 KIMLEY -HORN & ASSOCIATES INC 72993 0710312007 01819 MCLEOD USA 72994 0710312007 01018 MINNEAPOLIS FINANCE DEPT 72995 0710312007 01504 CITY OF ST PAUL 0710312007 01504 CITY OF ST PAUL 72996 0710312007 01546 SUBURBAN SPORTSWEAR 72997 0710312007 01190 XCEL ENERGY 72998 0710212007 02464 US BANK 72999 07/03/2007 02411 ALEX AIR APPARATUS INC 07/03/2007 02411 ALEX AIR APPARATUS INC 0710312007 02411 ALEX AIR APPARATUS INC 73000 0710312007 00116 APPEARANCE PLUS CAR WASH 73001 0710312007 03824 ASSURANT EMPLOYEE BENEFITS 73002 0710312007 01811 BERNATELLO'S PIZZA INC 73003 0710312007 03738 BETHEL & ASSOCIATES, PA 73004 0710312007 03513 BRIAN BIERDEMAN 73005 0710312007 00202 JOHN BOHL 73006 0710312007 00279 CEMSTONE PRODUCTS CO. 73007 0710312007 02929 CNAGLAC 73008 0710312007 03658 CHARLES DEAVER 73009 07/0312007 03885 STEVEN DEVICH 73010 07/0312007 02743 RICHARD DOBLAR 73011 0710312007 03900 FOX LAWSON & ASSOCIATES LLC 73012 0710312007 03516 ANTHONY GABRIEL 73013 07/03/2007 00550 GAMETIME 73014 07/03/2007 00589 DAVE GRAF 73015 0710312007 00668 STEVEN HIEBERT 73016 0710312007 03597 MARY JO HOFMEISTER 73017 07/03/2007 03901 HOSEDRAGGER PRODUCTIONS 73018 07/03/2007 00718 INDEPENDENT SCHOOL DIST #622 0710312007 00718 INDEPENDENT SCHOOL DIST #622 0710312007 00718 INDEPENDENT SCHOOL DIST #622 0710312007 00718 INDEPENDENT SCHOOL DIST #622 73019 0710312007 00718 INDEPENDENT SCHOOL DIST #622 73020 0710312007 02778 JUST JUMP INC 73021 0710312007 03729 KNAAK & KANTRUD PA 73022 07/0312007 03093 DAVID E KNEFELKAMP 73023 07/0312007 03241 MARCIE PEPIN LLC 73024 0710312007 03818 MEDICA 73025 0710312007 03714 MELROSE NORTH PYROTECHNICS, INC 73026 07/03/2007 00985 METROPOLITAN COUNCIL 73027 07/03/2007 02617 ALESIA METRY 73028 0710312007 01085 MN LIFE INSURANCE 73029 0710312007 01126 MN NCPERS LIFE INSURANCE 73030 07/03/2007 03781 NORTHERN ESCROW, INC 73031 07/03/2007 01202 NYSTROM PUBLISHING CO INC 73032 0710312007 03903 OFFICE OF SECRETARY OF STATE 73033 0710312007 03902 MEGHAN OHLHAUSER 73034 0710312007 00001 ONE TIME VENDOR 73035 0710312007 00001 ONE TIME VENDOR 73036 0710312007 00001 ONE TIME VENDOR 73037 07/0312007 03872 PRO STAFF Description Amount FUND ATMS REGISTER NOTARY COMMISSION PARTS FOR TANKER #543 & JETTER #615 PROJ 06 -16 PROF SRVS THRU 5131 PROJ 06 -17 PROF SRVS THRU 5131 LOCAL PHONE SERVICE 5116 - 6115 IMPOUND FEE CN 07005304 MEDICAL SUPPLIES RADIO SERVICE & MAINT - MAY STAFF & PARTICIPANT SHIRTS ELECTRIC & GAS UTILITY JULY 4TH - CHANGE FOR GAMES REPAIR HURST RESCUE COMPRESSOR SERVICE/MAINT COMPRESSOR SERVICE/MAINT CAR WASHES - MARCH & APRIL MONTHLY PREMIUM - JULY MDSE FOR RESALE HR SERVICES 6112 - 6126 K -9 MAINTENANCE - JULY REIMB FOR PANAGIO UV PRO 06105 CONCRETE FOR SIDEWALK MONTHLY PREMIUM - JULY REIMB FOR KEY, CANOPY, M ILEAG E 5/2- JULY 4TH - BAND REIMB FOR TUTION & BOOKS 5/18 - 6119 PROFESSIONAL SRVS THRU 6/15 K -9 MAINTENANCE - JULY ROLLER MECHANISM ASS'Y KARATE INSTRUCTOR 615 - 6126 K -9 MAINTENANCE - JULY REIMB FOR MILEAGE 618 - 6/27 GRANT WRITING ASSISTANCE YOUTH BASKETBALL GAMES DEC -MAR YOUTH BASKETBALL IN HOUSE NOV- ADULT VOLLEYBALL SEPT -MAY YOUTH BASKETBALL HS LEAGUE JAN - SECURITY BREACH @ CARVER GYM JULY 4TH - INFLATABLE TOYS PROSECUTION /LEGAL SERVICES - JULY POLYGRAPH EXAMINATION - JUNE GARBAGE CANS MONTHLY PREMIUM - JULY JULY 4TH - FIREWORKS FINAL PMT WASTEWATER - JULY REIMB FOR UNIFORMS 6122 MONTHLY PREMIUM - JULY PERA LIFE INS - JULY PROJ 05 -29, LIFT STATION #18, PMT #3 CITY NEWSLETTER RENEW NOTARY PUBLIC COMMISSION REIMB FOR MILEAGE 6/20 REFUND G MULVANEY- UCARE BENEFIT REFUND J SHIPMAN - PRESCHOOL CAMP REFUND S RICHARD - UCARE BENEFIT TEMP CONTROLLER WEEK END 6/17 8,000.00 100.00 448.75 36,872.10 28,575.30 2,256.35 138.00 638.88 368.63 1,334.00 22,205.25 500.00 2,003.23 775.79 714.75 176.79 8,776.47 252.00 6,298.75 35.00 61.50 581.28 509.66 287.92 1,350.00 557.43 2,000.00 35.00 604.59 42.25 35.00 11.88 375.00 3,380.75 1,579.50 1,490.50 786.25 57.82 839.22 16, 500.00 300.00 649.00 140,755.00 5,000.00 201,847.06 100.45 3,413.74 8.00 3,121.70 3,344.00 40.00 23.28 80.00 45.00 20.00 1,979.20 0 Check Register City of Maplewood [�Z:3ir�Jf►7iZ�� Check Date Vendor Description Amount 0710312007 03872 PRO STAFF TEMP CONTROLLER WEEK END 5127 1,979.20 73038 0710312007 01331 KEVIN RABBETT REIMS FOR SUPPLIES 6/25 16.13 73039 0710312007 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 336.40 73040 0710312007 01418 SAM'S CLUB DIRECT SUPPLIES 301.27 07103/2007 01418 SAM'S CLUB DIRECT SUPPLIES 298.79 07103/2007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 258.58 0710312007 01418 SAM'S CLUB DIRECT VENDING MACHINE SUPPLIES 234.01 0710312007 01418 SAM'S CLUB DIRECT SUPPLIES 171.75 07/03/2007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 153.08 07/03/2007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 97.98 0710312007 01418 SAM'S CLUB DIRECT B -DAY CAKES 94.15 0710312007 01418 SAM'S CLUB DIRECT SUPPLIES 83.40 07/03/2007 01418 SAM'S CLUB DIRECT GYM SUPPLIES 26.20 73041 07/03/2007 03879 SANSIO EMS RUNSHEETS SUBSCRIPTION - JUNE 614.60 73042 0710312007 03889 MEGAN SHEEHAN YOUTH SOFTBALL UMPIRE 108.00 73043 0710312007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 3,256.76 07/03/2007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 91.80 73044 07/03/2007 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,485.41 73045 0710312007 01654 TRUGREEN - CHEMLAWN #4635 BROADLEAF WEED CONTROL 1,777.49 0710312007 01654 TRUGREEN - CHEMLAWN #4635 BROADLEAF WEED CONTROL 1,724.24 07103/2007 01654 TRUGREEN - CHEMLAWN #4635 BROADLEAF WEED CONTROL 1.165.11 07103/2007 01654 TRUGREEN - CHEMLAWN #4635 BROADLEAF WEED CONTROL 619.83 0710312007 01654 TRUGREEN - CHEMLAWN #4635 BROADLEAF WEED CONTROL 239.63 73046 0710312007 00449 TYLER TECHNOLOGIES INC LICENSING MODULE - TRAVEL & 2,233.07 07/0312007 00449 TYLER TECHNOLOGIES INC LICENSING MODULE - CONSULT 2,125.00 73047 07/0312007 03753 VEOLIA ENVIRONMENTAL SERVICES SPRING CLEANUP 13,114.55 73048 0710312007 01750 THE WATSON CO INC MDSE FOR RESALE 154.24 73049 07/03/2007 03305 WELSH COMPANIES ESCROW RELEASE - 3100 KENNARD ST 10,156.58 73050 07/03/2007 01764 TOM WESTLING TENNIS INSTRUCTOR - SUMMER 1,383.75 73051 0710312007 03899 SCOTT ZIEMAN REIMS FOR WORK BOOTS 6119 50.00 63 Checks in this report. D�t�A33.UL U . MEMORANDUM TO: City Manager FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: June 29, 2007 It is recommended that you approve payment of the following claims: ACCOUNTS PAYABLE: 556,633.02 Checks # 72989 thru # 73051 dated 06127107 thru 07/03/07 168,183.09 Disbursements via debits to checking account dated 06121/2007 thru 612812007 $ 724,816.11 TOTAL Attached is a detailed listing of these claims for your review. Approved by: City Manager min attachments Date PAAPPROVAL OF CLAIMS\2007\07-AprCIms 06-22 and 06-29 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 06/20/06 06/21/06 MN State Treasurer Drivers License /Deputy Registrar 06/21/06 06/22/06 MN State Treasurer Drivers License /Deputy Registrar 06/21/06 06/22/06 MN Dept of Natural Resources DNR electronic licenses 06/21/06 06/22/06 ARC Administration DCRP & Flex plan payments 06/22/06 06/25/06 MN State Treasurer Drivers License /Deputy Registrar 06/25/06 06/26/06 MN State Treasurer Drivers License /Deputy Registrar 06/26/06 06/27/06 MN State Treasurer Drivers License /Deputy Registrar 06/26/06 06/27/06 US Bank VISA One Card* Purchasing card items 06/27/06 06/28/06 MN State Treasurer Drivers License /Deputy Registrar 06/27/06 06/28/06 Orchard Trust Deferred Compensation TOTAL *Detailed listing of VISA purchases is attached. Amount 15,135.50 12,032.13 987.50 2,723.16 9,595.27 14,815.69 12,398.58 58,494.59 19,058.67 22,942.00 168,183.09 10 Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/11/2007 06/12/2007 CUB FOODS, INC. $14.38 ALEISA METRY 06/07/2007 06/11/2007 OFFICE DEPOT #1090 $203.06 AMY NIVEN 06/08/2007 06/11/2007 G & K SERVICES 006 $695.20 AMY NIVEN 06/08/2007 06/11/2007 G & K SERVICES 006 $237.75 AMY NIVEN 06/08/2007 06/11/2007 G & K SERVICES 006 $163.17 AMY NIVEN 06/12/2007 06/14/2007 OFFICE DEPOT #1090 $104.90 AMY NIVEN 06/13/2007 06/13/2007 SPRINT *NEXTEL -CS $399.46 ANDREA SINDT 06/13/2007 06/15/2007 OFFICE DEPOT #1090 $86.70 ANDREA SINDT 06/18/2007 06/20/2007 OFFICE DEPOT #1090 $152.09 ANDREA SINDT 06/13/2007 06/15/2007 THE HOME DEPOT 2801 $41.38 ANDREW ENGSTROM 06/11/2007 06/11/2007 SPRINT *WIRELESS SVCS $53.26 ANN E HUTCHINSON 06/21/2007 06/22/2007 S & T OFFICE PRODUCTS $25.90 ANN E HUTCHINSON 06/07/2007 06/11/2007 TOYS R US #6046 $168.64 AUDRA ROBBINS 06/11/2007 06/12/2007 TARGET 00011858 $206.54 AUDRA ROBBINS 06/11/2007 06/12/2007 CUB FOODS, INC. $73.93 AUDRA ROBBINS 06/12/2007 06/13/2007 TARGET 00011858 $220.24 AUDRA ROBBINS 06/12/2007 06/13/2007 MAPLEWOOD PARKS AND RECRE $120.00 AUDRA ROBBINS 06/13/2007 06/14/2007 CUB FOODS, INC. $37.46 AUDRA ROBBINS 06/13/2007 06/15/2007 FLAHERTY'S ARDEN BOWL $583.00 AUDRA ROBBINS 06/14/2007 06/15/2007 CUB FOODS, INC. $16.85 AUDRA ROBBINS 06/14/2007 06/15/2007 CUB FOODS, INC. $21.25 AUDRA ROBBINS 06/19/2007 06/21/2007 WONDER /HOSTESS #63 $24.91 AUDRA ROBBINS 06/20/2007 06/21/2007 GRAND SLAM SPORTS $786.13 AUDRA ROBBINS 06/20/2007 06/21/2007 CUB FOODS, INC. $68.57 AUDRA ROBBINS 06/13/2007 06/13/2007 SPRINT *SPRNTNEXTELIVR $622.50 BRYAN NAGEL 06/07/2007 06/11/2007 GRUBER'S POWER EQUIPME $271.47 CHARLES DEAVER 06/08/2007 06/11/2007 G & K SERVICES 006 $59.10 CHARLES DEAVER 06/12/2007 06/14/2007 MICHAELS #9401 $10.69 CHARLES DEAVER 06/13/2007 06/15/2007 THE HOME DEPOT 2801 $8.56 CHARLES DEAVER 06/21/2007 06/22/2007 MENARDS 3022 $14.06 CHARLES DEAVER 06/11/2007 06/12/2007 MENARDS 3059 $14.97 CHRISTINE SOUTTER 06/15/2007 06/18/2007 FEDEX KINKO'S #0617 $37.28 CLARENCE GERVAIS 06/11/2007 06/13/2007 HYDROLOGIC WATER MANAGEME $100.95 DAVE EDSON 06/13/2007 06/14/2007 ICI- DULUX- PAINTS #0092 $1,479.92 DAVE EDSON 06/14/2007 06/18/2007 HYDROLOGIC WATER MANAGEME $124.42 DAVE EDSON 06/19/2007 06/21/2007 WHITE BEAR LAKE SUPERSTOR $18.01 DAVID FISHER 06/19/2007 06/21/2007 THE HOME DEPOT 2801 $1.91 DAVID FISHER 06/08/2007 06/11/2007 UNIFORMS UNLIMITED INC $37.95 DAVID J THOMALLA 06/14/2007 06/20/2007 DALCO ENTERPRISES, INC $1,108.21 DAVID JAHN 06/20/2007 06/22/2007 HUBERTS $16.72 DAVID KVAM 06/07/2007 06/11/2007 OFFICE DEPOT #1090 $150.84 DEB SCHMIDT 06/08/2007 06/11/2007 INNOVATIVE COLOR PRINTING $387.13 DEB SCHMIDT 06/11/2007 06/12/2007 PEI WEI ASIANDINER0113 $165.08 DEB SCHMIDT 06/12/2007 06/14/2007 CURTIS 1000 $160.11 DEB SCHMIDT 06/13/2007 06/14/2007 ARVEY PAPER & OFFICE PRO $70.30 DEB SCHMIDT 06/13/2007 06/15/2007 OFFICE DEPOT #1090 ($21.12) DEB SCHMIDT 06/13/2007 06/15/2007 OFFICE DEPOT #1090 $60.09 DEB SCHMIDT 06/13/2007 06/15/2007 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 06/14/2007 06/18/2007 OFFICE DEPOT #375 $143.26 DEB SCHMIDT 06/20/2007 06/22/2007 OFFICE MAX $24.48 DEB SCHMIDT 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $31.18 DEB SCHMIDT 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $46.49 DEB SCHMIDT 06/11/2007 06/12/2007 NORTHERN TOOL EQUIP -MN $191.69 DENNIS LINDORFF 06/12/2007 06/13/2007 MENARDS 3022 $26.61 DENNIS LINDORFF 06/14/2007 06/18/2007 OXYGEN SERVICE CO INC $104.56 DENNIS LINDORFF ill Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/19/2007 06/21/2007 DAVIS LOCK & SAFE $30.87 ED NADEAU 06/20/2007 06/21/2007 ASPEN EQUIPMENT C/O CINDY $793.50 ED NADEAU 06/13/2007 06/18/2007 SOUTH ST PAUL STEEL $566.58 ERICK OSWALD 06/15/2007 06/18/2007 FASTENAL CO MO TO $338.62 ERICK OSWALD 06/11/2007 06/11/2007 SPRINTPCS AUTOPYMT RC1 $57.67 ERIN M LABEREE 06/13/2007 06/14/2007 HEJNY RENTAL $241.76 GARY HINNENKAMP 06/14/2007 06/15/2007 HEJNY RENTAL $173.24 GARY HINNENKAMP 06/18/2007 06/20/2007 VANCE BROTHERS INC ($107.56) GERALD MEYER 06/18/2007 06/20/2007 VANCE BROTHERS INC $308.85 GERALD MEYER 06/07/2007 06/11/2007 INNOVATIVE COLOR PRINTING $126.91 HEIDI CAREY 06/11/2007 06/12/2007 SOUTHWEST JOURNAL, $400.00 HEIDI CAREY 06/11/2007 06/12/2007 SOUTHWEST JOURNAL, $498.00 HEIDI CAREY 06/12/2007 06/13/2007 DEX EAST- LOCKBOX $36.50 HEIDI CAREY 06/12/2007 06/14/2007 POSTERSIGNS $379.50 HEIDI CAREY 06/12/2007 06/14/2007 INNOVATIVE COLOR PRINTING $126.91 HEIDI CAREY 06/13/2007 06/14/2007 AP9* BARGAIN HOMES W $19.80 HEIDI CAREY 06/13/2007 06/15/2007 INNOVATIVE COLOR PRINTING $923.36 HEIDI CAREY 06/14/2007 06/15/2007 AP9* WISEHOUSEBUYER $1.25 HEIDI CAREY 06/14/2007 06/15/2007 DGI *DYNAMIC GRAPHICS $79.00 HEIDI CAREY 06/14/2007 06/18/2007 POSTERSIGNS $218.95 HEIDI CAREY 06/15/2007 06/18/2007 FIRST TECH COMPUTER $160.00 HEIDI CAREY 06/04/2007 06/20/2007 LSM5- US- PAY.COM ($2.95) HEIDI CAREY 06/05/2007 06/20/2007 BOCA JAVA INC {$17.90} HEIDI CAREY 06/05/2007 06/20/2007 ONLINE DIRECT PRODUCTS ($195) HEIDI CAREY 06/05/2007 06/20/2007 PACIFIC WEBWORKS INC ($4.95) HEIDI CAREY 06/05/2007 06/20/2007 NP /LOOKING TRIM ($252.89) HEIDI CAREY 06/06/2007 06/20/2007 AP9* TRIAL HOME BNI ($1.00) HEIDI CAREY 06/06/2007 06/20/2007 FWP *SCRAPBOOK CLUB ($9.95) HEIDI CAREY 06/06/2007 06/20/2007 BMC *TGC WITH BH G COOK ($15.71) HEIDI CAREY 06/06/2007 06/20/2007 IMX *HYDRODERM {$36.85} HEIDI CAREY 06/06/2007 06/20/2007 LSM5- US- PAY.COM ($59.80) HEIDI CAREY 06/06/2007 06/20/2007 BLOCKBUSTER ONLINE ($10.64) HEIDI CAREY 06/06/2007 06/20/2007 BASS BULLETIN & DIRECTORY ($266.16) HEIDI CAREY 06/06/2007 06/20/2007 VIDEO PROFESSOR, INC ($6.95) HEIDI CAREY 06/06/2007 06/20/2007 GGW VIDEO ($9.99) HEIDI CAREY 06/13/2007 06/20/2007 AP9* BARGAIN HOMES W ($19.80) HEIDI CAREY 06/14/2007 06/20/2007 AP9* WISEHOUSEBUYER ($125) HEIDI CAREY 06/07/2007 06/11/2007 RAINBOW FOODS 00088617 $11.71 JAMES TAYLOR 06/07/2007 06/11/2007 HEADSETS.COM INC $287.90 JEAN GLASS 06/08/2007 06/11/2007 OFFICE DEPOT #1090 $87.85 JEAN GLASS 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $92.86 JEAN GLASS 05/04/2007 06/11/2007 NUCO2 $116.46 JIM BEHAN 05/08/2007 06/11/2007 NUCO2 $53.83 JIM BEHAN 05/17/2007 06/11/2007 NUCO2 $90.47 JIM BEHAN 05/24/2007 06/11/2007 NUCO2 $75.99 JIM BEHAN 05/30/2007 06/11/2007 NUCO2 $75.13 JIM BEHAN 06/01/2007 06/11/2007 NUCO2 $60.06 JIM BEHAN 06/06/2007 06/11/2007 NUCO2 $82.80 JIM BEHAN 06/07/2007 06/11/2007 OLYMPICS POOLS $225.78 JIM BEHAN 06/08/2007 06/11/2007 WW GRAINGER 500 $42.36 JIM BEHAN 06/12/2007 06/13/2007 MUSKA LIGHTING CENTER $479.22 JIM BEHAN 06/12/2007 06/13/2007 MUSKA LIGHTING CENTER $1,351.84 JIM BEHAN 06/12/2007 06/13/2007 MUSKA LIGHTING CENTER $1,272.75 JIM BEHAN 06/12/2007 06/13/2007 SHERWIN WILLIAMS #3127 $25.78 JIM BEHAN 06/12/2007 06/14/2007 THE HOME DEPOT 2801 $52.59 JIM BEHAN Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/13/2007 06/15/2007 DAVIS LOCK & SAFE $10.65 JIM BEHAN 06/13/2007 06/15/2007 POOLSIDE $211.02 JIM BEHAN 06/19/2007 06/20/2007 MUSKA LIGHTING CENTER $653.38 JIM BEHAN 06/19/2007 06/20/2007 SPRINT *WIRELESS SVCS $44.62 JIM BEHAN 06/20/2007 06/22/2007 BLOOMINGTON SECURITY SOLU $60.97 JIM BEHAN 06/20/2007 06/22/2007 WW GRAINGER 500 $42.36 JIM BEHAN 06/13/2007 06/14/2007 CUB FOODS, INC. $6.29 JOANNE M SVENDSEN 06/13/2007 06/15/2007 RAINBOW FOODS 00088617 $26.99 JOANNE M SVENDSEN 06/15/2007 06/19/2007 DE LAGE LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 06/10/2007 06/11/2007 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 06/14/2007 06/15/2007 VZWRLSS *APOCC VISN $51.61 KAREN E GUILFOILE 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $110.12 KAREN E GUILFOILE 06/08/2007 06/11/2007 CUB FOODS, INC. $29.01 KEVIN JOHNSON 06/08/2007 06/11/2007 CUB FOODS, INC. $4.44 KEVIN JOHNSON 06/08/2007 06/11/2007 WONDER /HOSTESS #63 $14.90 KEVIN JOHNSON 06/08/2007 06/11/2007 HEALTHEAST TRANSPORTATN $1,037.68 KEVIN RABBETT 06/13/2007 06/15/2007 MICHAELS #2744 $37.26 KEVIN RABBETT 06/13/2007 06/15/2007 SHRED -IT 01 OF 01 $143.19 KEVIN RABBETT 06/07/2007 06/11/2007 PARK SUPPLY OF AMERICA IN $226.25 LARRY FARR 06/07/2007 06/11/2007 CIRCUIT CITY SS #3137 $63.84 LARRY FARR 06/08/2007 06/11/2007 TARGET 00011858 $57.99 LARRY FARR 06/08/2007 06/11/2007 G & K SERVICES 006 $688.45 LARRY FARR 06/08/2007 06/11/2007 G & K SERVICES 006 $753.30 LARRY FARR 06/11/2007 06/12/2007 PREMIUM WATERS INC $5.33 LARRY FARR 06/12/2007 06/13/2007 MUSKA LIGHTING CENTER $846.45 LARRY FARR 06/13/2007 06/15/2007 THE HOME DEPOT 2801 $89.90 LARRY FARR 06/13/2007 06/15/2007 THE HOME DEPOT 2801 $77.50 LARRY FARR 06/16/2007 06/18/2007 OFFICE MAX $69.18 LARRY FARR 06/16/2007 06/18/2007 THE HOME DEPOT 2810 $8.29 LARRY FARR 06/18/2007 06/20/2007 SEARS ROEBUCK 1122 $77.71 LARRY FARR 06/20/2007 06/21/2007 W.P. HICKMAN SYSTEMS INC $77.17 LARRY FARR 06/20/2007 06/22/2007 ELECTRO WATCHMAN INC $1,887.60 LARRY FARR 06/20/2007 06/22/2007 ELECTRO WATCHMAN INC $748.42 LARRY FARR 06/08/2007 06/11/2007 OFFICE DEPOT #1090 $135.72 LORI HANSON 06/08/2007 06/11/2007 FITNESS WHOLESALE INC $156.70 LORI HANSON 06/13/2007 06/14/2007 CITY BUSINESS - MINNEAPOLIS $86.95 LORI HANSOM 06/11/2007 06/13/2007 ANDON BALLOONS INC - $106.50 MANDY ANZALDI 06/11/2007 06/13/2007 KMART 00071068 $68.29 MANDY ANZALDI 06/12/2007 06/13/2007 WALGREEN 00031229 $5.31 MANDY ANZALDI 06/15/2007 06/18/2007 CUB FOODS, INC. $7.94 MANDY ANZALDI 06/17/2007 06/19/2007 MILLS FLEET FARM #27 $21.12 MANDY ANZALDI 06/18/2007 06/20/2007 PAPERMART $41.75 MANDY ANZALDI 06/20/2007 06/22/2007 ORIENTAL TRADING CO $202.55 MANDY ANZALDI 06/21/2007 06/22/2007 CUB FOODS, INC. $62.05 MANDY ANZALDI 06/11/2007 06/12/2007 THE UPS STORE #2171 $24.93 MARK HAAG 06/07/2007 06/11/2007 ON SITE SANITATION INC $397.08 MARK MARUSKA 06/08/2007 06/11/2007 G & K SERVICES 006 $414.06 MARK MARUSKA 06/15/2007 06/18/2007 APOLLO HEATING & VENT $74.40 MARK MARUSKA 06/15/2007 06/18/2007 VZWRLSS *APOCC VISN $58.20 MARK MARUSKA 06/15/2007 06/18/2007 HUGOS TREE CARE $372.75 MARK MARUSKA 06/15/2007 06/18/2007 LESCO SC 0530 $463.28 MARK MARUSKA 06/18/2007 06/19/2007 VALLEY CREEK EXPRESS INC $3,750.00 MARK MARUSKA 06/19/2007 06/22/2007 AMERICAN FASTENER & SUPPL $12.35 MARK MARUSKA 06/12/2007 06/13/2007 SPRI PRODUCTS $132.50 MARY B KOEHNEN 06/13/2007 06/14/2007 FITNESS WHOLESALE INC $219.75 MARY B KOEHNEN 13 Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/18/2007 06/19/2007 POWER SYSTEMS $224.12 MARY B KOEHNEN 06/08/2007 06/11/2007 OFFICE DEPOT #1090 $60.18 MARY KAY PALANK 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $78.71 MARY KAY PALANK 06/18/2007 06/19/2007 HILLYARD INC MINNEAPOLIS $83.90 MICHAEL REILLY 06/21/2007 06/22/2007 HILLYARD INC MINNEAPOLIS $1,696.58 MICHAEL REILLY 06/08/2007 06/11/2007 UNIFORMS UNLIMITED INC $2,015.09 MICHAEL SHORTREED 06/13/2007 06/15/2007 KUSTOM SIGNALS, INC. $38.10 MICHAEL SHORTREED 06/14/2007 06/15/2007 HENRIKSEN ACE HARDWARE $5.92 MICHAEL SHORTREED 06/18/2007 06/20/2007 KUSTOM SIGNALS, INC. $167.97 MICHAEL SHORTREED 06/19/2007 06/20/2007 THE UPS STORE #2171 $8.66 MICHAEL SHORTREED 06/10/2007 06/11/2007 PAPA JOHNS #1838 $121.73 MIKE GRAF 06/14/2007 06/15/2007 CUB FOODS, INC. $27.66 MIKE GRAF 06/14/2007 06/15/2007 CUB FOODS, INC. $10.64 MIKE GRAF 06/12/2007 06/13/2007 PAYPAL INC $59.95 MYCHAL FOWLDS 06/15/2007 06/18/2007 MAPLEWOOD PARKS AND RECRE {$5.00} MYCHAL FOWLDS 06/15/2007 06/18/2007 MAPLEWOOD PARKS AND RECRE $5.00 MYCHAL FOWLDS 06/20/2007 06/22/2007 SPRINT PCS- 995 -SP WEB $519.29 MYCHAL FOWLDS 06/20/2007 06/22/2007 SAGE SPECIALTY PRODUCTS $1,164.94 MYCHAL FOWLDS 06/21/2007 06/22/2007 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 06/08/2007 06/11/2007 BATTERIES PLUS $16.16 NICK FRANZEN 06/08/2007 06/11/2007 THE HOME DEPOT 2801 $56.23 NICK FRANZEN 06/13/2007 06/14/2007 WWW.NEWEGG.COM ($61.48) NICK FRANZEN 06/13/2007 06/14/2007 WWW.NEWEGG.COM $66.47 NICK FRANZEN 06/18/2007 06/19/2007 WWW.NEWEGG.COM $84.98 NICK FRANZEN 06/19/2007 06/20/2007 SYX *TIGERDIRECT.COM $141.86 NICK FRANZEN 06/21/2007 06/21/2007 HP DIRECT- PUBLICSECTOR $1,349.33 NICK FRANZEN 06/07/2007 06/11/2007 UNIFORMS UNLIMITED INC $4.82 PATRICK HEFFERNAN 06/08/2007 06/11/2007 THE HOME DEPOT 2801 $0.79 PATRICK HEFFERNAN 06/08/2007 06/11/2007 MENARDS 3059 $2.85 PATRICK HEFFERNAN 06/15/2007 06/18/2007 MENARDS 3059 $91.52 PATRICK HEFFERNAN 06/16/2007 06/18/2007 CVS PHARMACY #1751 Q03 $8.50 PATRICK HEFFERNAN 06/16/2007 06/18/2007 MENARDS 3059 $67.86 PATRICK HEFFERNAN 06/16/2007 06/18/2007 MENARDS 3059 $4.15 PATRICK HEFFERNAN 06/17/2007 06/18/2007 MENARDS 3059 ($4.15) PATRICK HEFFERNAN 06/17/2007 06/18/2007 HENRIKSEN ACE HARDWARE $13.26 PATRICK HEFFERNAN 06/17/2007 06/18/2007 MENARDS 3059 $15.76 PATRICK HEFFERNAN 06/17/2007 06/19/2007 PIZZA H013851 48238513 $61.74 PATRICK HEFFERNAN 06/07/2007 06/11/2007 ON SITE SANITATION INC $1,644.36 PAULINE STAPLES 06/07/2007 06/11/2007 ORIENTAL TRADING CO $302.39 PAULINE STAPLES 06/09/2007 06/11/2007 PARTY AMERICA 1018 $28.68 PAULINE STAPLES 06/11/2007 06/12/2007 SIRCHIE FINGER PRINT LABO $138.62 PHILIP F POWELL 06/11/2007 06/13/2007 WOLF CAMERA #1530 $4.15 PHILIP F POWELL 06/13/2007 06/14/2007 MEDTECH FORENSICS INC $19.50 PHILIP F POWELL 06/14/2007 06/15/2007 ABACUS PLUS SERVICES INC $336.54 PHILIP F POWELL 06/15/2007 06/18/2007 HENRIKSEN ACE HARDWARE $21.25 PHILIP F POWELL 06/16/2007 06/18/2007 ULINE *SHIP SUPPLIES $63.72 PHILIP F POWELL 06/19/2007 06/20/2007 MEDCO SUPPLY $58.42 PHILIP F POWELL 06/19/2007 06/20/2007 SIRCHIE FINGER PRINT LABO $371.17 PHILIP F POWELL 06/10/2007 06/11/2007 CUB FOODS, INC. $17.63 RICK HERLUND 06/10/2007 06/12/2007 THE HOME DEPOT 2801 $5.92 RICK HERLUND 06/11/2007 06/13/2007 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 06/12/2007 06/13/2007 QWESTCOMM *TN651 $341.62 ROBERT MITTET 06/12/2007 06/13/2007 QWESTCOMM *TN651 $57.82 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $99.68 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $70.29 ROBERT MITTET M! Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/19/2007 06/20/2007 QWESTCOMM *TN612 $140.58 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $70.29 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $99.68 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $378.51 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $99.69 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $99.68 ROBERT MITTET 06/19/2007 06/20/2007 QWESTCOMM *TN612 $70.29 ROBERT MITTET 06/20/2007 06/22/2007 OFFICE DEPOT #1090 $694.02 ROBERT MITTET 06/21/2007 06/22/2007 QWESTCOMM *TN651 $350.05 ROBERT MITTET 06/11/2007 06/13/2007 OFFICE MAX $53.24 ROBERT PRECHTEL 06/11/2007 06/13/2007 OFFICE MAX $21.29 ROBERT PRECHTEL 06/11/2007 06/13/2007 THE HOME DEPOT 2801 $24.70 ROBERT PRECHTEL 06/12/2007 06/13/2007 BOUND TREE MEDICAL LLC $41.10 ROBERT PRECHTEL 06/12/2007 06/13/2007 BOUND TREE MEDICAL LLC $380.02 ROBERT PRECHTEL 06/14/2007 06/15/2007 BOUND TREE MEDICAL LLC $58.14 ROBERT PRECHTEL 06/19/2007 06/20/2007 TARGET 00011858 $195.98 ROBERT PRECHTEL 06/13/2007 06/14/2007 CONCRETE FORM ENGINEERS $40.00 ROBERT RUNNING 06/13/2007 06/15/2007 ADVANCE SHORING COMPANY $84.83 ROBERT RUNNING 06/18/2007 06/19/2007 TRUCK UTILITIES INC $16.87 ROBERT RUNNING 06/10/2007 06/11/2007 MENARDS 3022 $152.55 RON BOURQUIN 06/10/2007 06/12/2007 CVS PHARMACY #7175 Q03 $19.15 RON BOURQUIN 06/19/2007 06/20/2007 MENARDS 3022 $15.43 RON BOURQUIN 06/19/2007 06/20/2007 MENARDS 3022 $28.05 RON BOURQUIN 06/09/2007 06/11/2007 TARGET 00011858 $28.71 RON HORWATH 06/11/2007 06/13/2007 THE HOME DEPOT 2801 $13.83 RON HORWATH 06/15/2007 06/18/2007 AMERICAN RED CROS01 OF 01 $469.10 RON HORWATH 06/13/2007 06/15/2007 SPRINT -STORE #2430 $54.55 RONALD SVENDSEN 06/11/2007 06/11/2007 SPRINT *WIRELESS SVCS $807.09 STEVE LUKIN 06/11/2007 06/12/2007 NARDINI FIRE EQUIPMENT $167.10 STEVE LUKIN 06/14/2007 06/18/2007 THE HOME DEPOT 2801 $41.14 STEVE LUKIN 06/15/2007 06/18/2007 VZWRLSS *APOCC VISN $25.12 STEVE LUKIN 06/15/2007 06/18/2007 AMERICAN MESSAGING $5.58 STEVE LUKIN 06/15/2007 06/18/2007 EMERGENCY APPARATUS MAINT $920.20 STEVE LUKIN 06/15/2007 06/19/2007 DE LAGE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 06/18/2007 06/20/2007 RADIO SHACK 00161455 $8.51 STEVE LUKIN 06/20/2007 06/21/2007 EMERGENCY APPARATUS MAINT $378.17 STEVE LUKIN 06/19/2007 06/22/2007 ASPEN MILLS 8005717343 $44.95 STEVE LUKIN 06/13/2007 06/15/2007 RED WING SHOE STORE $142.80 STEVEN KUMMER 06/07/2007 06/11/2007 KATH AUTO PARTS NSP $19.88 STEVEN PRIEM 06/08/2007 06/11/2007 POMPS TIRE SERVICE $59.37 STEVEN PRIEM 06/11/2007 06/13/2007 KATH FUEL OFFICE $238.56 STEVEN PRIEM 06/12/2007 06/14/2007 KATH AUTO PARTS NSP $21.61 STEVEN PRIEM 06/12/2007 06/14/2007 BAUER BOLT TRE33200023 $22.17 STEVEN PRIEM 06/13/2007 06/15/2007 KATH AUTO PARTS NSP $5.78 STEVEN PRIEM 06/13/2007 06/15/2007 GILLUND ENTERPRIZES $46.80 STEVEN PRIEM 06/13/2007 06/15/2007 TOUSLEY FORD 127200039 $177.96 STEVEN PRIEM 06/14/2007 06/15/2007 TRUCK UTILITIES INC $37.94 STEVEN PRIEM 06/14/2007 06/18/2007 KATH AUTO PARTS LC $61.74 STEVEN PRIEM 06/14/2007 06/18/2007 FACTORY MOTOR PARTS #19 $93.85 STEVEN PRIEM 06/14/2007 06/18/2007 FACTORY MOTOR PARTS #19 $101.81 STEVEN PRIEM 06/15/2007 06/18/2007 KATH AUTO PARTS NSP $83.06 STEVEN PRIEM 06/15/2007 06/18/2007 TOUSLEY FORD 127200039 $17.28 STEVEN PRIEM 06/15/2007 06/18/2007 FACTORY MOTOR PARTS #19 $19.72 STEVEN PRIEM 06/15/2007 06/18/2007 CUSHMAN MOTOR COMPANY $74.56 STEVEN PRIEM 06/18/2007 06/20/2007 KATH AUTO PARTS NSP $59.74 STEVEN PRIEM im Visa Transactions from 6 -09 -07 thru 6 -22 -07 Trans Date Posting Date Merchant Name Trans Amount Name 06/19/2007 06/20/2007 TRUCK UTILITIES INC $27.83 STEVEN PRIEM 06/19/2007 06/21/2007 KATH AUTO PARTS NSP $8.29 STEVEN PRIEM 06/20/2007 06/21/2007 DELEGARD TOOL COMPANY $154.93 STEVEN PRIEM 06/20/2007 06/21/2007 DAVIS EQUIPMENT $282.22 STEVEN PRIEM 06/20/2007 06/21/2007 BOYER FORD TRUCKS INC $72.99 STEVEN PRIEM 06/20/2007 06/21/2007 BOYER FORD TRUCKS INC $741.82 STEVEN PRIEM 06/19/2007 06/22/2007 AMERICAN FASTENER & SUPPL $107.67 STEVEN PRIEM 06/20/2007 06/22/2007 KATH AUTO PARTS NSP $10.54 STEVEN PRIEM 06/20/2007 06/22/2007 KATH AUTO PARTS NSP $17.80 STEVEN PRIEM 06/20/2007 06/22/2007 FACTORY MOTOR PARTS #19 $178.40 STEVEN PRIEM 06/13/2007 06/15/2007 SHRED -IT 01 OF 01 $50.95 SUSAN ZWIEG 06/12/2007 06/18/2007 DALCO ENTERPRISES, INC $280.89 SUSAN ZWIEG 06/08/2007 06/11/2007 MN OCCUPATIONAL HEALTH $641.00 TERRIE RAMEAUX 06/12/2007 06/13/2007 PIONEER PRESS ADVERTISIN $425.88 TERRIE RAMEAUX 06/18/2007 06/19/2007 NOVACARE REHB /HEALT $360.00 TERRIE RAMEAUX 06/13/2007 06/14/2007 DIAMOND VOGEL PAINTS #807 $67.10 TODD TEVLIN 06/12/2007 06/14/2007 THE HOME DEPOT 2801 $50.93 TROY BRINK 06/13/2007 06/15/2007 THE HOME DEPOT 2801 $13.26 TROY BRINK 06/21/2007 06/22/2007 MENARDS 3129 $94.93 VIRGINIA GAYNOR 06/08/2007 06/11/2007 PIONEER PRESS SUBSCRIPTI $104.78 WILLIAM J PRIEFER in TO: City Manager, Greg Copeland FROM: IT Director, Mychal Fowlds SUBJECT: Authorization to enter into 4-year lease with Metro Sales, Inc. for new copier DATE: May 03, 2007 Introduction Agenda Item 12 Currently the City of Maplewood leases a high-end multi-function device via Metro Sales, Inc. for all large printing and copying jobs. Background We're at lease end for the Ricoh 2090 that we currently lease via Metro Sales, Inc. In looking for a new device we checked into new and improved machines from numerous vendors. The scanning functions on all of our Ricoh devices are managed by one centralized piece of software that was purchased specifically for and only works with Ricoh machines. Also, all of our users are very familiar with and approve of the usability of the machines so the choice to stay with a Ricoh machine was made. We looked into 2 major vendors for Ricoh in the Twin Cities area and both the lease price and the support costs were very similar. We're very pleased with the service that Metro Sales has provided in the past so have chosen them as the reseller to work with. As far as the machine goes, upon approval we'll enter into a 4-year lease for a Ricoh MP1 100. The IVIP1 100 will have all of the features that we currently have but increases from 90 pages per minute to 110 pages per minute. The monthly cost of $1,200 (includes lease, support and supplies) will be split up between departments based on monthly usage of the machine. With the MP1 100 we'll have a newer, faster machine and the best part is we'll save $640 per month. Recommendation It is recommended that authorization be given to enter into a 4 year lease for a new Ricoh MP1 100 via Metro Sales, Inc. Submit to City Council for review and approval. Attachments: 1. Metro Sales pricing I101 qW �o] I R1 K81 01 1 01 zy City Of Maplewood 1830 County Rd B Maplewood, MN 55109 July 5, 2007 I— .1-IMTIM" Your Monthly Investment: $841 ❑ 110 Copies/Prints per minute ACCESSORIES.• ❑ RT5000 ❑ SR5000 Finisher ❑ Print/Scan Kit MAINTENANCE &SUPPLY CONTRACT Based on 201,000 per quarter Total Quarterly Investment: $1,085 All B&W overages at .0054 ❑ Includes all service, parts, labor, travel, maintenance and cleaning ❑ Includes all Toner, Developer, and PCUs ❑ No base charges ❑ 7 Year Replacement Warranty ❑ 0-3 our Service Guarantee , ice ULM To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Authorization to Pay Invoice for Ford Expedition Conversion Date: June 28, 2007 Introduction The Police Department has received an invoice from HealthEast Vehicle Services in the amount of $8,409.44, and City Council approval is required to pay this invoice because it is over $5,000. The Police Department purchased a 2007 Ford Expedition to be used as a patrol supervisor's vehicle, and the vehicle was brought to HealthEast Vehicle Services so the appropriate police/patrol equipment could be installed. The invoice from HealthEast for the cost of the equipment and its installation is $8,409.44. Because the invoice is over $5,000, City Council approval is required before it can be paid. The cost of this equipment and installation is included in the Police Department budget. Recommendation It is recommended that City Council approval be given to pay the HealthEast Vehicle Services invoice in the amount of $8,409.44 for the conversion of the 2007 Ford Expedition. Action Required Submit to the City Council for review and action. EM Agenda Item 14 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Desoto-Skillman Area Street Reconstruction, City Project 06-16, Approve Resolution Revoking State Aid Designation from Desoto Street from Larpenteur to Roselawn DATE: July 2, 2007 It is necessary to clarify Resolution Number 07-06-094 to include both segments of Desoto Street from Larpenteur Avenue to Roselawn Avenue that were revoked from our Municipal State Aid Street system. I 31m= At the June 25, 2007 meeting, council approved Resolution Number 07-06-094 which revoked Desoto Street from Larpenteur Avenue to Roselawn Avenue as a Municipal State Aid street. Because the residents on this section of Desoto were opposed to the No Parking requirement on a State Aid route, designation of Desoto Street from Larpenteur Avenue to Roselawn Avenue was revoked by resolution in order to allow parking. However, Resolution Number 07-06-094 did not include both segments of the revoked route. The resolution only referenced segment 138-128-015, but should have referenced: MSAS 138-128-010, Desoto Street from Larpenteur Avenue to 500 feet north. MSAS 138-128-015, Desoto Street from 500 feet north of Larpenteur Avenue to Roselawn Avenue. RECOMMENDATION It is recommended that council approve the attached resolution which approves the revocation of Desoto Street from Larpenteur Avenue to Roselawn Avenue from the City of Maplewood's Municipal State Aid system. Attachment: 1. Resolution Revoking Municipal State Aid Highways 2. 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 138-128-010 Desoto Street from Larpenteur to 500 feet north MSAS 138-128-015 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 91h day of July 2007 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 TO: City Council From: Greg Copeland, City Manager Date: July 3, 2007 Re: Charitable Gambling Tax Fund Policies The City of Maplewood distributed some $40,000 in Charitable Gambling Tax Funds to a variety of non-profit corporations, city sponsored groups and activities in 2007. Before posting a notice requesting 2008 applications for funding, staff would like the City Council to review and approve the attached policy on award of these funds. Recommendation: Approve policy on awards for Charitable Gambling Tax Funds. .Ta we ean July 5, 2007 CITY OF MAPLEWOOD CITY COUNCIL POLICIES ON AWARDS OF CHARITABLE GAMBLING TAX FUNDS 1. All licensed charitable gambling organizations within the City are required to contribute 14 percent (10 %) of net profits derived from lawful gambling activity in the City to the Charitable Gambling Tax Fund. These funds are dispersed by the City Council for lawful expenditures. 2. Charitable Gambling Tax Funds shall be distributed for projects, equipment, or activities that are based in the community and which primarily benefit of Maplewood residents. 3. The allocation of Charitable Gambling Tax Funds is an annual award and receipt of funds does not in any way guarantee or commit the City of Maplewood to funding in any subsequent year. Each years funding requires a new, separate application. 4. Projects which involve the purchase of equipment, supplies, or specific items will be looked upon more favorably than requests for salaries or general operating costs. 5. All funds are required to be expended for the requested project within one year of the date of receipt of the award letter. Grantees shall submit such receipts or other proof of expenditure for the proposed purpose with their request for payment of the grant award. 6. No employee or department of the City of Maplewood shall solicit a donation from a licensed charitable organization without City Manager approval. If there is a financial need for a specific program that was not funded in the City budget, staff may submit a request to the City Manager for the use of Charitable Gambling Tax Funds. 7. In general, requests from organized athletic groups will not be funded. Funding for these programs should be from participating families or community auxiliary groups. There are so many athletic organizations within the community that the City of Maplewood is not capable of funding their financial requests nor fairly determining appropriate recipients. 8. The City of Maplewood grants funds from Lawful Gambling Tax Fund to support activities and services benefiting Maplewood residents.. The first priority in the granting of funds will be given to the City of Maplewood domiciled organizations. The second priority or consideration will be given to funding requests from other organizations which are used primarily for the benefit of Maplewood residents. 9. All applications must be complete and submitted by the application deadline established by the City Manager. Updated 06.26.07 N �. heir► MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk 1 91 RE: Lawful Gambling Resolution DATE: July S, 2007 Gerald Jansen on behalf of the Hill Murray Father's Club has applied for annual premise permit for lawful gambling to be used at Champps Restaurant located at 1734 Adolphus. It is requested that council approved the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood. Minnesota, that the premises permit for lawful gambling is approved for the Hill Murray Father's Club to operate at Champps Restaurant, 17 Adolphus, 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. FURTHERMORE. that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaining approve said pert - nit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it fiirther resolved that this Resolution by the City Council of Maplewood. Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item 17 Item TO: Greg Copeland, City Manag FROM: Karen Guilfoile, City Clerk � RE: Permit Fee Waiver DATE: July 5, 2007 Ramsey County Voiture 838 Arcade- Phalen Post 577 of the American Legion has applied for a fee waiver for a temporary food permit to be used at the Ramsey County Fair. Post 577 will have a food booth open for the duration of the fair which runs from July 11 — 15, 2007 where they will be selling a "Pork Chop on a Stick" and Coca -Cola products. Proceeds from profits made will be used for programs sponsored by the Post, including: nurses training scholarships, disaster relief, and Americanism and youth sports. The food booth will be manned by volunteer members. Approval is sought for the fee waiver for the temporary food permit. Agenda Item A TO: City Manager FROM: SteV8LUkjD Fire Chief SUBJECT: Bid Award for Remodel Work at Stations One and Three DATE: July 3, 2007 INTRODUCTION |n the 2OO7 budget, money was set aside for remodeling Cf stations one and three. At stat three, the remodeling will include refacing the existing kitchen cabinets, putting on new countertops and hardware and n8p|oCin0 all of the bif0|d doors in the meeting @r88. The r8nlOdS|iDg vvO[k at station one will include moving the kitchen from its existing location (due to water and heat problems) to the meeting room area and adding new kitchen cabinets and countertops. | have received two bids'Vn��nn(�|8dGLOn�{|VnGinJ�UOninth8�nlVUr��387 and the other one , --_, from The RRnlOd8|8r Shop in the amount Of$19/45O. Representat from each company rev the needs 8t both locations and submitted their bids. The work should begin bv the middle of July with completion by the end of August. RECOMMENDATION I recommend that the city council award the bid to The Remodeler Shop in the amount of $19,450. Jun 07 07 09:04a The Remodeler Shop 651-992-9078 P.1 r%A U) I : I ZT-01 01 1 FT1YA KeOT-1 j June 6, 2007 Station #1 1177 Century Avenue Maplewood MN 55109 • Install 14 ft Gray melamine laminated base cabinets Install 6 ft Gray melamine laminated upper cabinets Install Gray melamine laminated upper cabinet above microwave Install Gray Formica countertop on base cabinets Install electrical to code for one microwave and install microwave Install electrical to code for one electric stove Install new stainless steel double bowl sink Install dishwasher Install 10 Gallon electric hot-water heater Install Formica countertop above new dishwasher area WINT M., 1_9` �** * . ' 23960 Hawthorn Ave. N, * Forest Lake, MN 65025 a MN ID#20177337 (651) 466-0410 • Fax(651)982-9078 up Uj_ -i� k.' WX Jul ■ • 7 09:OGa The Remadeler .- 651-982-90 June 6, 2007 Station #3 2001 McMlenemy Street Maplewood MN 55109 Remodel Existing Kitchen Area Remove and Install new Tan melamine laminated door fronts and draw fronts Remove and Install new Tan Formica countertops Install new stainless steel sink and single handle chrome faucet Total Kitchen cost = $6,800.00 Install new oak flush hollow core closet doers to be hinged and installed in the existing metal frames replace existing bi -fold doors, Stain and seal doors. Total closet door cost = $2,000.00 23960 Hawthorn Ave. N. • Forest Lake, MN 55025 • MN ID #24177337 (651 466-041 1) . Fax (651) 982 y .Y ,et 4.iG w�s�..✓'+�,.r C.r! C ' Y:'C : � c� b- ��L}ti ?a`C[�`�` n 28 07 11:58a GLADSTONE CONSTRUCTION, INC. 06/28/07 To: Maplewood Fire Re: Fire station remodel Description Of Work Door Pitelcage Base Bid $ 8680 Includes: Doors for 4 opcnings, labor and ma- teria-1 to instal I Doors Restroom Package Base 'Bid $ 755 1"cludcs: 1 urinal sercen., t mirror, and materials and labor to instull Cupboards, countertops Base Bid $ 16717 1 3 15 Frost Avenue St, Paul, MN 55109 (651).771-4990 FAX (651) 771-0450 Includes: 14 V2 feet ol'drawer over door base;, 26 feet of doors only base, 6' of doors only island 42ft of 30" high upper� clear natural finish, base hardware and instillation. Countertops per *13rains sketch_ Ceiling tile grid and hinge replacement Base Bid 11344 Includes New hinges, ijew ceiling tile, Repaint Grid. All Labor required to complete these tasks Excludes: Electrical, Temp walls, Night work, Bonds, Overtime Dumps(ers or winter condition-q Craig Meyer Estimator p.1 Agenda Item K1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Brookview Area Street Improvements, Project 07-01 1. Approve Resolution for Adoption of Assessment Roll DATE: June 29, 2007 INTRODUCTION On June 25th, 2007, the city council received five (5) assessment objections at the Brookview Area Street Improvements assessment hearing. Recommendations for action on each of the objections are provided for the council to revise or confirm the final assessment roll for the project. The proposed assessments for the Brookview Area Street Improvements were submitted to the city council for adoption at the June 25th, 2007 meeting. Residents were provided with the required 14-day advanced notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. Five (5) property owners provided written objection as follows: 1. Parcel 01.28.22.12.0039 — Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. 2. Parcel 01.28.22.12.0042 — Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones is requesting a cancellation of his assessment 3. Parcel 01.28.22.21.0033 — Walter Croll; 165 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship 4. Parcel 01.28.22.21.0029 — James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment due to financial hardship. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. 5. Parcel 01.28.22.12.0048 — Richard Johnson; 207 O'Day Street Mr. Johnson requests a senior citizen deferment. All property owners requesting hardship or senior citizen deferments have been mailed an application packet. Recommended Adjustments The following action is recommended on each objection request: Agenda Item K1 1. Parcel 01.28.22.12.0039 — Vang Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. Staff recommendation is to grant deferral upon approval of necessary paperwork. 2. Parcel 01.28.22.12.0042 — Johnny Jones; 200 Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones is requesting a cancellation of his assessment Staff recommendation is to deny cancellation of assessment as benefit is received and grant a deferral upon approval of necessary paperwork. 3. Parcel 01.28.22.21.0033 — Walter Croll; 165 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship. Staff recommendation is to grant deferral upon approval of necessary paperwork. 4. Parcel 01.28.22.21.0029 — James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment based on financial hardship. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. Staff recommendation is to deny deferral of assessment and grant hardship deferral upon approval of necessary paperwork. Crestview Drive is in poor condition. The pavement condition index of 39 warrants reconstruction. 5. Parcel 01.28.22.12.0048 — Richard Johnson; 207 O'Day Street Mr. Johnson requests a senior citizen deferment. Staff recommendation is to grant deferral upon approval of necessary paperwork. BUDGET IMPACT The project budget will not be affected by approving the recommendations above to defer all of the 5 assessments. Staff recommends that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Brookview Area Street Improvements, Project 07-01. Attachments: 1. Resolution: Adoption of the Assessment Roll 2, Assessment Roll 3. Location Map 4. Assessment objections (5) RESOLUTION ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant tO8 resolution adopted bv the City Council OD June 25 assessment roll for the Bn}okvkevv Area Street Improvements, City Project UY-01,vv8spr8Gent8din8PVb|ic Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, five (B property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 428, summarized aSfollows: 1. Parcel O1.2M.2212.UO39—V8nQ Kong; 222 Sterling Street N Mr. Kong objects to the assessment based upon financial hardship. 2. Parcel O1.28.22.12.OU42— Johnny Jones; 20O Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones iS requesting 8 cancellation Of his assessment 3. Parcel O1.28.22.21.0O33— Walter CnoU; 185 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship 4. Parcel O1.28.22.21.UO29— James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. 5. Parcel O1.28.22.12.OU48— Richard Johnson; 2O7 O'Day Street Mr. Johnson requests o senior citizen deferment. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL DF MAPLEVVO{}D. MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed tomake the following adjustments to the assessment roll for the BroOkview Area Street Improvement, Project 07-01: 1. Parcel 01.28.22.12.8U39—Vong Kong; 222 Sterling Street N Mr. Kong objects hD the assessment based upon financial hardship. Grant deferral upon approval of necessary paperwork. 2. Parcel U1.28.22.12.0042— Johnny Jones; 20O Sterling Street N Mr. Jones objects to the assessment based upon disability causing financial hardship. Mr. Jones is requesting a cancellation ofhis assessment. Deny cancellation Of assessment 8S benefit is received and grant a deferral upon approval of necessary paperwork. 3. PonCe| U1.28.22.21.OU33— Walter CnD||; 185 Crestview Drive N Mr. Croll is requesting a deferral of his assessment based upon disability causing financial hardship. Grant deferral upon approval Vf necessary paperwork. 4. Parcel O1.28.22.21.0O2S— James Gunderson; 131 Crestview Drive Mr. Gunderson is requesting a deferral of his assessment. Mr. Gunderson does not think Crestview Drive is in need of reconstruction. Deny deferral of assessment. Crestview Drive is in poor condition. The pavement condition index of 39 warrants reconstruction. Mr. Gunderson iS granted 8 financial hardship deferral upon approval of necessary paperwork. 5. Parcel O1.2R.2212.UO48— Richard Johnson; 2U7 O'Day Street Mr. Johnson requests a senior citizen deferment. Grant deferral upon approval of necessary B. The assessment roll for the Brookview Area Street Improvements, as amended, is hereby accepted, G copy Of which iS attached hereto and made @ 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. C. Such assessments shall b8 payable in equal annual installments extending over a period Cf15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest 8t the rate 0f0.0 percent per annum for the date 0f 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 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 LV the county auditor, but no later than October 1 2007, pay the vvho|8 of the 8sG8GGmeni on such pn}oertv, with interest accrued to the date of the payment, Lo the office of the city engineer, except that nointerest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, St any time after October 1.2UU7. pay tO the county auditor the entire amount Ofthe assessment remaining Vnpaid, 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 th , 2007, transmit a certified duplicate of this assessment to the county auditor to be extended OD 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 9th day of July 2007. BROOKVIEW AREA STREET IMPROVEMENTS 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 $3,700.00 $4,520.00 12822120032 RICHARD L HAYS 187 BROOKVIEW CT 1 - N/A $3,700.00 $3,700.00 12822120024 LAVERNE S NUTESON 192 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,520.00 12822120031 ROBERT W MACK 193 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,520.00 12822120025 THOMAS D ALTRICHTER 200 BROOKVIEW CT 1 - $820.00 $3,700.00 $4,520.00 12822120030 THOMAS D 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 - NIA $3,700.00 $3,700.00 12822110011 CITY OF MAPLEWOOD 0 BROOKVIEW DR 1 - N/A EXEMPT $0.00 12822210010 JACOUE A NELSON 2431 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210009 JOSEPH T RECCHIO 2439 BROOKVIEW DR 1 - $820.00 $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 $4,520.00 12822210014 FLOY L ASHLEY 2466 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210006 PAO HER 2473 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210015 DONALD L BROSKY 2474 BROOKVIEW DR 1 - $820.00 $3,700.00 $4,520.00 12822210016 JAMES F FERMAN 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 BLOEMENDAL 2510 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822120053 ROBERT R ARNOLD 2516 BROOKVIEW DR 1 - $820.00 $4,960.00 $5,780.00 12822120045 HOUA VANG 2519 BROOKVIEW DR 1 - $820.00 $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 - NIA $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 HURLER ULRICH 2574 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822120021 TEKLEMICHAEL A SOQUAR 2579 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822120059 GARY M WASMUNDT 2580 BROOKVIEW DR 1 - NIA $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 BRIAN FISCHER 2605 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822120008 JOSEPH M GROPPOLI 2613 BROOKVIEW DR 1 - NIA $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 - NIA $4,960.00 $4,960.00 12822110008 GARY C EDGETT 2633 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110032 SHELLEY D CARLSON 2636 BROOKVIEW DR 1 - NIA $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 - N/A $4,960.00 $4,960.00 12822110010 JEFFREY T BOSTON 2647 BROOKVIEW DR 1 - N/A $4,960.00 $4,960.00 12822110030 GERALD A MOLLER 2650 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110029 MICHAEL R HUDON 2656 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 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 ING 2675 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110027 WILLIAM E PICKETT 2676 BROOKVIEW DR 1 - NIA $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 - NIA $4,960.00 $4,960.00 12822110023 ERIK A SRIGLEY 2706 BROOKVIEW DR 1 - NIA $4,960.00 $4,960.00 12822110022 COMMERS CLOVER II 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 - 112.68 $1,847.95 $11,177.86 $13,025.81 12822210028 RONALD N SCHLANGEN 130 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210029 JAMES GUNDERSON 131 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 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 - $820.00 $4,960.00 $5,780.00 12822210025 CHARLES FERRISE 170 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 1 of 2 BROOKVIEW AREA STREET IMPROVEMENTS CITY PROJECT 07 -01 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS FRONT COMMERCIAL FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 12822210034 JOHN B BLUMER 175 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210041 PATRICK B YANG 187 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822210024 DONALD E DISSELKAMP TRUSTEE 188 CRESTVIEW DR N 1 - $820.00 $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 54,960.00 $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 - $820.00 $4,960.00 $5,780.00 12822210039 APOSTOLIC BIBLE INSTITUTE 235 CRESTVIEW DR N 1 - $820.00 $4,960.00 $5,780.00 12822120009 DANIEL J GRZYWINSKI 177 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822110006 CYNTHIA A PEARSON 180 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822120010 JEROME I HUNGER 187 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822120011 PAUL V HAIDER 193 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822110005 LISA MARIE HAWKINSON 198 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822120012 CLYDE W WILLIAMS 2 199 FERNDALE ST N 1 - N/A $4,960.00 $4,960.00 12822120013 KENNETH I WOLFE 203 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822110004 ROBERT JAMES GROE 204 FERNDALE ST N 1 - NIA $4,960.00 $4,960.00 12822110003 LORENA MAITREJEAN 210 FERNDALE ST N 1 - NIA $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 - NIA $4,960.00 $4,960.00 12822210001 CHRIST METHODIST CHURCH 2500 HUDSON PL - 909.84 $14,921.38 $90,256.13 $105,177.50 12822120038 SANDRA MEDINA 2510 HUDSON PL 1 - $820.00 $4,960.00 $5,780.00 12822120001 KIRK J NELSON 2600 HUDSON PL 1 - $820.00 $4,960.00 $5,780.00 12822120005 E TODD VOLKMEIER 176 MCCLELLAND ST 1 - N/A $4,960.00 $4,960.00 12822120004 LUCAS R HONERBRINK 184 MCCLELLAND ST 1 - NIA $4,960.00 $4,960.00 12822120020 KEITH S WEBER 195 MCCLELLAND ST 1 - NIA $4,960.00 $4,960.00 12822120003 HUMBERTO G GONZALEZ 196 MCCLELLAND ST 1 - NIA $4,960.00 $4,960.00 12822120019 DEUTSCHE BANK NAT TRUSTEE 201 MCCLELLAND ST 1 - NIA $4,960.00 $4,960.00 12822120002 CHERYL TVEIT 204 MCCLELLAND ST 1 - $820.00 54,960.00 $5,780.00 12822120018 ERVIN L KNUTSON 209 MCCLELLAND ST 1 - N/A $4,960.00 $4,960.00 12822120017 GREGORY G MEHSIKOMER 219 MCCLELLAND ST 1 - NIA $4,960.00 $4,960.00 12822120016 BEVERLY K LOKEN 221 MCCLELLAND ST 1 - $820.00 $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 - NIA 54,960.00 $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 - $820.00 $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 - NIA $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 $5,780.00 12822120043 DONALD J HELMINICK 190 STERLING ST N 1 - $820.00 $4,960.00 $5,780.00 12822120042 JOHNNY JONES 200 STERLING ST N 1 - $820.00 $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 $820.00 $4,960.00 $5,780.00 RESIDENTIAL COMMERCIAL STORM UNITS FRONT ASSESSMENT FOOTAGE TOTALS= 126 1607.52 $77 2007 ASSESSMENT RATES: STREET ASSESSMENT TOTAL ASSESSMENT $747,965.98 $825,743.31 TOTAL = $$2$,743.31 RESIDENTIAL STORM SEWER = $820.001UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.00/UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.00/UNIT COMMERCIAL STORM SEWER = $16.401FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.20 /FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74.00 /FRONT FOOT NOTES: PROPERTIES LABELED "NIA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER CITY PROJECT 73 -14 OR 78 -20 OR BOTH. 2 ACCORDING TO THE CURRENT RESIDENT OF 199 FERNDALE ST N, CLYDE W WILLIAMS IS NO LONGER THE OWNER. THE CITY HAS NOTIFIED THE RAMSEY COUNTY ASSESSOR'S OFFICE. 2 of 2 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. �� - 3 L i r Z; �J 0r _L7Z J IJ 2Z5 7 ...... .... J 2 jj 22 1, 3 )V-- 220 z SOD ,$' 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 ECE -W'I " 12VED Address of assessed parcel /j�5 f're LA-P-W D-c Property identification number: (12 digit number) Do you wish to address the city council tonight? F FX Yes No 1C Wo I 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): I a. 1- Deferral of assessment b. F Senior citizen deferment (over 65 years of age) C. F Cancellation of assessment d. F Revision of assessment Reason for the request: M 5 h Print Name tog n a t 11 Address of Property Owner zip Telephone ASSESSMENT HEARING OBJECTION FORM BROOKVIEW AREA STREET IMPROVEMENTS PROJECT 07-01 A Address of assessed parcel u- , Property identification number: I (12 digit number) Do you wish to address the City Council tonight? F Yes No Please complete this form if You intend to appeal to the city council to defer, revise or cancel your assessment. This form Must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city Council consider (check one): a. Deferral of assessment b. Senior citizen deferment (over 65 years of age) C. F Cancellation of assessment d. F Revision of assessment Reason for the request: I ri Print Name Si6nature Date iw Address of Property Owner Zip Telephone Page I of I Erin Laberee From: Jim Gunderson D.gundersnn@oneiUkanguage.cnnl Sent: Friday, June 29 To: EhnLmbenae Subject: reason for assessment deferal Erin, Per our conversation this morning \|8nl writing 88k}rny reason for objecting LVthe assessment Vf$5.780.O0L8nny property located 8L131 Crestview Drive North, Maplewood, K8N5511S. 1) This assessment would be a great hardship on my family. My wife and | are raising two children and with the cost of education and daycare, the city of Maplewood is now telling me that my family has to now ch0VG8 between my children's education and vvR||bR|nQ and having 8 new 1 block long street to the tune Of$5.780.00. 21 Crestview Drive is just fine. This street does not need to be replaced. There iS absolutely nothing wrong with the street. K8y dad has always taught nne ...dOn't fix bifbis not broken. | have always believed that spending money where money does not need to be spent will only get you into trouble. | trust that you and the Counsel will help nn8in deferring this assessment sV that | can continue b] provide for nnyfamily as we see the cost of living here in K88p|evvVod rising everyday. Jim Gunderson 7/2/2007 ASSESSMENT HEARING OBJECTION F BROOKIWIEW AREA STREET IMPROVEMENTS PROJEECT 07-01 Address of assessed parcel 0 0 Property identification number: (12 digit number) Do you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. F Deferral of assessment b. F�� Senior citizen deferment (over 65 years of age) C. F Cancellation of assessment d. F Revision of assessment Reason for the request: to� L— 7-- 4? s vv, ti Print Name Signature Date Address of Property Ownbr CL L) y Z- Zip Telephone Agenda Item K2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charl8SAh[ Public Works [}i[8CtOr/CUn Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Rainbow/ Maple Ridge Driveway Improvement, City Project 07-03, Resolution Ordering Work to be Done by Day Labor DATE: jUDe 28"' 2007 INTRODUCTION Ad the June 11.2OU7 council meeting, the city council held on assessment hearing for the Maple Ridge / Rainbow Driveway |rnpnJv8nl8nL. No objections were filed. The council approved 8 resolution [0 adopt the assessment roll. The council will now consider moving forward with the work by authorizing day labor (or Department of Public Works Forces) to execute the proposed improvements. Background The proposed project area iS illustrated on the attached exhibits. The westernmost driveway ingress/egress t0 the Maple Ridge Shopping Mail, located 8L2515 White Bear Avenue, needs repairs and modifications in order to correct pedestrian safety issues and increase accessibility L0 large delivery trucks. Due to resident complaints, the City has initiated the public improvement process in order to address these concerns. At the May 14, 2007 meeting, the council accepted plans and specifications for the improvements on the loading dock entry driveway from Gervais Avenue into the Maple Ridge Shopping Center at 2515 White Bear Avenue. The total estimated project COStinC|Udin08Ogin8eringti[ne $17,700. Since the estimated cost does not exceed $25,000, no ad for bid or bid opening is required. Staff is proposing that the Department of Public Works forces (or day labor) be used to complete the work. Discussion Under MN Statute 429, the City is allowed to utilize City Forces, or Day Labor, to do the proposed work for 8sLinn8t8d project costs under $25,000. Under most Cin:VnnSt8nces 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 LOC@| Improvement Guidelines (on explanation of MN Statute 42Q) that the assessment hearing be held first prior to authorizing the work to be done so that funding for the project i3 secured prior LV City Forces commencing the work. Budget Impact The current action will not affect the approved project bUdg8L. A summary of project nn8tRha|G|8b0r8nd actual total cost of the project will be provided when the work is completed. It is recommended that the city council approve the attached resolution for the Rainbow/Maple Ridge Driveway Improvement, City Project 07-03, ordering the work to be done by day labor. Attachments 1. Resolution Ordering Improvement mU* Done by Day Labor a. Location Map RESOLUTION ORDER WORK TO BE DONE BY DAY LABOR WHEREAS, pursuant to resolution bvthe city council on May 14" m . 2007, the city engineer has prepared plans and specifications for the Rainbow / Maple Ridge Driveway Improvements, City Project 07-03, which have been presented to the council for approval, AND WHEREAS, the estimated cost of such improvement does not exceed $25,000, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CW MAPLEWOOD, MINNESOTA: 1. The city engineer shall proceed under the direction 0f the council, 8S given from time to time, to carry on all work in connection with such improvement in accordance with the plans and specifications herein approved. 41 iv I a a ' _ k C 1� W W 1� TT ^ yl h W� n W m Q� Q� N N J y am, J i. J � O J � w � � J � � V u h_ N y i C$ O � J y c3 H y SC-i J G s � � J h ti G J T r n J V n v 3 c j r.� P �N w N U Agenda Item K3 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 1 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. On May 14, 2007 1 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 July 5, 2007 Conservation Easement policy proposal for City Council consideration and adoption in September, 2007. On May 17, 2007 1 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. NOTE: This item has been moved from Administrative Presentations on the June 25, 2007 meeting Agenda to Unfinished Business at the request of Councilmember Juenemann. Since this report was drafted on June 21, 2007 Public Works Director Chuck Ahl, Environment Manager, DuWayne Konewko and Open Space Naturalist Virginia Gaynor have met with Sarah Strommen of the Minnesota Land Trust to begin work on Phase One. On July 2, Ms. Gaynor, who will be coordinating this work for the City took Ms. Strommen on a tour of all the City's Open Spaces. The Planning Commission will meet on August 21 and the joint meeting of Parks and Recreation Commission and the Environmental and Natural Resources Commission will meet on August 14 to discuss the consideration of this item. N Agenda Item K4 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Mississippi Street Park Petition, City Project 06-16, Authorization to Negotiate Change Order for Vacant Lot Grading DATE: July 5, 2007 1919KOIKOR As part of the Desoto-Skillman Area Streets Project, the residents of Mississippi Street requested the installation of park equipment on a vacant City lot. Council Member Cave is arranging for park equipment to be available in 2008. Preparation of the lot is necessary prior to the arrival of the equipment and is cost effective if done with the on-site contractor. Approval from the Council is requested to negotiate the change order for the grading. Background Attached is the petition from the residents of Mississippi Street. The property is city-owned property that is available for use as long as the primary use of the site remains for drainage purposes, due to use-deed restrictions. The proposal would be that at least 50% of the nearly 1 -acre parcel remain for drainage needs, with about 20,000 square feet (approximately' /2 acre) being graded for the park equipment. The estimated costs are as follows: Tree clearing and stump removal on '/2 acre = $6,000 Grading — Drainage on Y2 acre = $6,000 Turf Establishment on 'h acre = $3,000 Total Cost = $15,000 We had assumed about $15,000-$20,000 in park equipment, with installation by our crews in the original estimate, which is why the original proposal was for $35,000. These are rough numbers, but we are confident that the job can get done for this amount. It is clearly cheaper to do the grading work as part of this project. Probably saves about $2,000 - $3,000. Also, not getting the park equipment until 2008 allows us time to establish turf before the heavier usage of the site. RECOMMENDATION It is recommended that council authorize the City Engineer to negotiate a change order with the contractor for the Desoto-Skillman Area Streets Project, City Project 06-16, for the purpose of grading and drainage improvements to the vacant lot at Mississippi Street and County Road B in preparation for the installation of parks equipment. Attachment: 1. Petition from Mississippi Street Residents 2. Project Location Map Memorandum To: Chuck Ahl, Public Works Director From: Greg Copeland, City Manager Date: May 21, 2007 Re: Petition for Basic Playground at Corner of Mississippi St. /County Please have your staff review this petition from Steve Dang regarding his proposal for a playground on the vacant city owned lot at the intersection of Mississippi and County Road B (north of 2120 Mississippi Street) referenced in the petition. Please follow -up with Mr. Dang to learn from him details on the extent to which the petitioners are willing to share the costs of the improvements. Please determine if the site is suitable and if funds are available should the City Council be otherwise able to grant the petition. Thanks, Greg Copeland City Manager J "jdh" We e'an, i a O N Together We Can COPY May 21, 2007 Steve Dang 350 Skillman Avenue E. Maplewood, MN 55117 Re: Petition for Basic Playground at Corner of Mississippi Street and County Road B Dear Mr. Dang: Thank you for your letter dated April 25, 2007.1 have asked Chuck Ahl, Public Works Director, to investigate your proposal for a playground at the corner of Mississippi Street and County Road B. 1 have asked Mr. Ahl to have his staff contact you regarding the costs associated with this proposal and to learn from you what extent the petitioners are willing to share costs with the City. Thank you for your request to work with the City of Maplewood to improve the quality of life for Maplewood families. Sincerely, c Greg ope and City Manager OFFICE OF CITY MANAGER 651 -249 -2050 FAx: 651- 249-2059 CITY OF MAPLEWOOD 1 830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 1002 0 0 �dv 350 Skillman Ave. E. Maplewood, MN 55117 651 -575 -4984 April 25, 2007 Mr. Greg Copeland Maplewood City Manager 1830 E. County Rd. B Maplewood, MN 55109 Ref: Petition for Basic Playground at Corner of Mississippi St. /County Rd. B Dear Mr. Copeland, My name is Steve Dang, a Maplewood resident, and I'm writing this petition on the behalf of the owners of the 10 apartment buildings on Mississippi Street, between Skillman Avenue and County Road B. The owners' names and addresses are on the attached sheet. For some background information, just in case, starting from the Skillman end all 10 Mississippi apartment buildings were built in 1968 and 1969 by probably one owner who also owned the lot between the l Otn apartment building and County Road B. At some point down the road, the original owner then sold these buildings to other owners who then afterward sold to other owners later. These buildings were changed hands by a few times before we became latest and current owners, starting as early as in the early 1990s. Prior to our ownerships, this stretch of Mississippi Street was not well cared for and it looked like a bad neighborhood that most people would not want to reside in, previous owners rented to all kinds of tenants, good and bad, and these buildings were not in good maintenance conditions. For some reason and probably in the 1980s ( ?), these owners did not pay property tax on the vacant land on the north end bordering County Road B, It could be that when the original owner sold the buildings, he /she sold the individual buildings with the surrounding land only and nobody had ownership of the north vacant lot to be specifically responsible. Consequently, the vacant lot was forfeited and the City of Maplewood took over since and that is what we know of the history of these 10 buildings after we possessed them. Unlike previous owners, we started to take care of the apartments by contributing more money toward the association's fund to pay for parking lot re- pavement, tree trimmings and removing and other services. It has been a big turn - around: the neighborhood is significantly improved compared to what it used to be and the buildings are well maintained. As a result, these 10 buildings also improve in value to cause higher property tax and we're sure that Maplewood City also is allocated a big portion of the property tax pie to operate. In fact, when compared to residential properties of equal value in the area, we, the apartment owners, pay at least 75% higher property tax and, in many cases, even 100% or more. Currently, there are around 40 families that occupy these 10 apartment buildings and a high number of these families have children that have needs for a recreation space or playground in the close vicinity. At times kids play in the parking lots or on the street to put them at risk from the vehicle traffic safety standpoint simply because they don't have a place nearby to play. Timewise, it makes perfect sense to put up a playground in the forfeited, vacant /wooded lot at the Mississippi — County Rd. B junction north of 2120 Mississippi Street — since the City of Maplewood will carry out major street improvement projects (Desoto - Skillman Area Project #06 -16) this summer in the area. We do not ask for a full - fledged playground with fancy and expensive equipment. Instead, we only petition for a flat, sanded and open space with maybe some simple pieces of playing equipment for the kids to have a place to play, for example, with sandboxes or jogging yardages. We can imagine of the required works to put up the basic playground will require removal of trees, dead branches, grasses and some truckloads of dirt and sand to grade the forfeited, wooded and vacant lot. Knowing that there will be some costs involved. we the owners are willing to pitch in and partially pay for the costs of the basic playground which is a very worthy cause to participate. We hope that by being responsible citizens and taxpayers, especially commercial property taxpayers that contribute at a much higher tax rate than comparable residential taxpayers, our requests should be of very strong considerations. After all, we are trying to make this particular part of Maplewood a better place to live as well as Maplewood City as a whole. Thank you very much in advance for your approval of putting up the playground, which we are sure that it will make some difference in the quality of life of the families and their children in the area. Please do not hesitate to contact us if you have any questions and we are looking forward to hearing from you soon. Sincerely, Steve Dang RESIDENT PE'T'ITION Property Owner Name Lien Dang Tony Dang Philong Dang Khai Dang — Lien Dang Khai Dang Address _ 2048 Mississippi St. N., Maplewood MN 55117 _ 2056 Mississippi St. N. 2064 Mississippi St. N. 2072 Mississippi St. N. 2080 Mississippi St. N. _ 2088 Mississippi St. N. _ Steve Dang _ 2096 Mississippi St. N. — An Nguyen _ 2104 Mississippi St. N. Tou Xiong _ 2112 Mississippi St. N. _ Kim Nguyen _ 2120 Mississippi St. N. Petition Organizer's Name _Steve Dang Petition Organizer's Address _350 Skillman Ave. E., Maplewood MN 55117 _ (or 2096 Mississippi St. N., Maplewood MN 55117) Agenda Item Ll Wei :4 07.=. Location: Zoning: Land Use: City Council Hearing Date: I BF1Tl B1 Robert and Linda Carye 2291 Hazelwood Street Single Dwelling Residential (R-1) Single Dwelling Residential (R-1) MMVM�l M 6071 67-M 00- M to] Kill] M Project Description: Robert and Linda Carye are proposing to subdivide their 21,780 square foot lot at 2291 Hazelwood Street into two single family lots. The Caryes are proposing an addition and improvement to the existing house on the corner lot and a new single family house will be constructed on the new lot to the west (on Cope Avenue). Requests: Lot division to split the existing lot into two single-family lots; lot area variance for the new lot (500 square feet); lot width variance for the corner lot (.99 feet); and a rear yard setback variance for the existing house to the new lot line (7.64 feet). Recommendations: The planning commission recommended approval of the lot division and variances at their June 19, 2007, planning commission meeting. Staff recommends approval. MEMORANDUM TO: Greg Copeland, City Manager FROM: ShGnn8nvvoU./\|CP.Planner SUBJECT: Lot Width" Lot Area" and Setback Variances and a Lot Division APPLICANTS: Robert and Linda CarVe LOCATION: 2291 Hazelwood Street DATE: June 29,2O07 for the July S City Council Meeting INTRODUCTION Project Description Robert and Linda Carye are proposing to subdivide their 21,780 square foot lot at 2291 Hazelwood Street into two single family lots. The Cary8s are proposing an addition and improvement to the existing house on the corner lot and a new single family house will be constructed on the new lot to the west (on Cope Avenue). Requests |n order b] proceed with the project the applicants are requesting the following city approvals: VohGDCeS: Minor lot area variance for the new lot K500 square feeA minor lot width variance for the corner lot (.S9fee0, and 8 rear yard setback variance for the existing house to the new lot line (7.64 feet). 2. Lot Division: Subdivision approval to split the existing lot into two single-family lots. BACKGROUND November 1O The city council approved 8 preliminary plat and lot width variances for the B0SS8PdAdditiOD. The plat subdivided @1.O5 acre single family property @12281 Hazelwood Street into six new single family |O[s (Attachment 8). The lot width variances were approved to allow the two corner lots b} beQ5 feet inwidth, rather than code requirement of 1OO feet for 8 corner lot. The preliminary plat was conditioned on the existing house (Carye's current house at 2281 Hazelwood) be moved or demolished to comply with the rear yard setback. May 1987: The city council approved the final plat for the BoSG8ndAddition. The final plat included five lots rather than six. The applicant at the time ChOG8 to drop the sixth lot from the plat rather than move or demolish the existing house to comply with rear yard setbacks. 2008: Robert and Linda Carye purchased the single family house at 2291 Hazelwood Street. Prior to moving into the house a storm caused extensive damage including the loss of several trees, destruction of the detached garage and shed, and interior damage. 2001: The C8rye was flooded by@defective water softener, which was followed by four sewage backups. The flooding and sewer backups resulted in the production and spread of mold spores throughout the entire house. 2008: The house has sat vacant since approximately December, 2O08, after the Caryes moved bJ Boston to tend to family matters. DISCUSSION Variances Lot Width/Lot Area Variance: City code 8t section 44-1U8 states that the minimum lot area and lot vvidUl in the single dwelling residential aDDiDg district ah8U be 10,O0O square feet and 10O feet (for corner |0ts),respectively. The applicants are requesting that the city approve 8g square foot |0L /n8vv lot on Cope Avenue) and 8 99.01 wide |OL (corner lot). This requires 8 500 square foot lot area variance and a .99 (less than 1 foot) lot width variance. These variances deviate 5 percent or less from the code. City code at section 44-1131states that 8 lot area 0r lot width variance which deviate 5 percent 0r less from the code could be approved bv city staff administratively. However, iD this case the location of the new lot line will create the need for a rear yard setback variance for the existing house. Rear Yard Setback Variance: City code at section 44-109 states that the required rear yard setback in the single dwelling residential zoning district Sh8]| be 20 pR[CBDt of the lot depth. The front of the existing house t8CRs Hazelwood Street. The lot depth of the new corner lot from this orientation is 89.01 feet, with 8 required rear yard setback of 19.8 feet. The existing house will maintain o 12.10-fnot rear yard setback tothe new lot line, requiring 8 7.G4-fo0t rear yard setback variance. State Statute: |D order to comply with the state land use law, the city council is required to make two findings before granting a variance: 1. Strict enforcement of the city ordinances would cause undue hardship because of circumstances unique to the property. Undue hardship means that: 8. You cannot put your property hJ@ reasonable use under city ordinances. b. Your problem is due to circumstances unique to your property that you did not C. The variance would not alter the essential character of the area. 2. The variance would be in keeping with the spirit and intent of the ordinance. Hardship: The applicants have submitted statement supporting the variance (Attachment 1). In summary they state that the pn]pVs8| vvVV|d maintain the spirit and intent of the single dwelling residential zoning district by establishing ample space between the proposed houses, while maintaining 8n appropriate residential feel in keeping with the neighborhood's character. HOvVHVe[, because of the placement of the original house, which was built in 1914, the lot division is not possible under the strict application of the code without tearing down the existing structure. There is precedence in approving the lot width variance for the corner lot in that the city approved @ 5-foot lot width variance for the lot to the north in188Swith the approval Ofthe Boss8rdAddiU0O preliminary plat. Also, the corner lot across Cope Avenue is only 78 feet in width. This lot could 2 have been platted prior to the city 1 00-foot corner lot width requirements. The 8,5OO square foot area proposed for the new lot (adjacent Cope Avenue) ia very minimal and in keeping vviththe|ot3 along Cope Avenue which range from 8.14Y square feet tO10 square feet. The rear yard setback variance iS needed due LO the placement nf the existing house. The applicant adequately describes the hardships for the variance iO their statement. |O addition, staff finds that the impacts Of this setback variance can be lessened with modifications k] the proposed addition described Existina Conditions The existing driveway isG gravel driveway with two accesses exiting onto Haze Street. The exterior of the house has siding missing in several places. There is80-h}Ot-high wood privacy fence located on the north and west property line. The fence was constructed with the structural supports facing the neighbors, which violates city code. There is on unsightly 6-foot-high chain link fence (temporary fence) installed from the southwest corner Vf the house tV the back yard. Several neighbors have made comments about the poor condition of the existing house and the previous lack Of yard maintenance while the house sat vacant (refer Lo the Citizen Comments section of the report\. Maintenance 0f the home and lot are also o concern Of city staff. Because of these concerns, city staff recommended that the Caryes make the proposed improvements, or at least some improvements, Lnthe existing house prior tO requesting 8 lot division and variance from the city. The Caryes indicate that they do not want to make any alterations to the house prior to the lot division and variance approval inthe event (as 8 last resort) that they have Lo demolish the sLrUCLVpe and then Cr8aL8 two |Otg vviLh0Ut 8 rear yard setback variance. To ensure that the applicants complete the residing of the house at a minimum, staff recommends that the applicants submit a cash escrow or letter of credit to the city to ensure completion of the work within six months of approval of the lot division and variances, prior to the city stamping the lot division deeds. The applicants should also sign 8 right-of-entry agreement allowing the city to enter the property to complete the work within six months of the date of approval if needed. Other conditions of approval should include the removal of the temporary chain link fence and either the removal of the 8-h]Vt-high wood privacy fence Vr alteration of the fence b] ensure that the side [f the fence facing the neighbor's house is finished, with D0 structural supports showing. Proposed Improvements The Cary8s propose b] remove a small porch from the rear Vf the house, add 880-fox} wide addition to the south side of the house along the existing back wall, and convert the gravel driveway L08 concrete driveway. The addition will include 8iwo-c8r, tuck under garage. With the addition the house will measure 80 feet as viewed from the rear of the house. Th880'fox] span will maintain o12.1S-fo0t setback to the new rear property line. There will be two front doors to the house, with no doors constructed Vn the rear Vrsides. City staff finds that the impacts of the rear yard setback variance could be lessened with the reconfiguration of the addition aligning with the front of the house, not the back of the house. For this reason staff recommends that the addition maintain the required 19-foot rear yard setback in all areas, leaving only the 20-foot-wide existing portion of the house with the 12.16-foot rear yard setback. This will allow additional space for a rear yard and allow for reconfiguration of the house to include 8 door Or deck 0D the rear of the house. [)n June 27 the applicants submitted o revised site plan showing this increased setback for the addition. � The existing gravel, double driveway will be removed and replaced with 8 concrete driveway exiting onto Hazelwood Street. Initially city staff was recommending that this driveway berelocated b] Cope Avenue. It was felt that the relocation of the driveway onto Cope Avenue would be more consistent with the neighborhood and safer due tn the fact that there are cars entering and exiting Highway 38 off Df Hazelwood Street. The applicants expressed 8 desire b} keep the driveway On Hazelwood Street after the planning commission public hearing. Michael Thompson of the Maplewood engineering department then inspected the site and determined that there does not seem to be a compelling reason to condition the driveway tV connect tVCope Avenue. Mr. Thompson states in his review (Attachment Y\that there is unlimited sight distance On Hoze|vv0Od Street for the driveway to nRnnoiO on this street. Proposed New House UiS not clear if the applicants propose tO construct the new single family house themselves Orsell the lot. The plans submitted d0 include the location 0f8 single family house on the new lot. The attached garage and deck 0n the new house iS proposed to have 85'hJ[t setback from the existing single family lot at 1515 Cope Avenue, which meets city Code requirement. The property owner Et1515 Cope Avenue has expressed concern over the loss Vf privacy with proposed location of the new house in the Citizen Comments section of the report. For this reason staff recommends that any new house constructed on the lot maintain 8t least 8 10 foot setback from both side lot lines (for the house, garage, and d8ch). |n addition, screening in the form Of8 fence or landscaping should be added to the west property line of the new lot to ensure privacy for the neighbors. The revised June 27, 2007, site plan shows the new house with the 10 foot setback from both property lines. OTHER COMMENTS RECEIVED Building Department: [)@vS Fisher, Building [ffio@| submitted the following Cnnnnn8Dta: 1 . Building permit is required to demolish any structure over 120 square feet. 2. The Carye's existing house has been under construction for many years. |would neCVnnnnend the city require escrow nf$3U,U00LO ensure the existing house will be sided at a minimum. 3. |n20008citation was issued for tall grass by Butch Gervais,Hre Marshal. 4. | vvVV|d recommend the city obtain in writing the Cary8's assurance to maintain the property throughout construction. COMMITTEE REVIEW On June 19, 2007, the planning commission reviewed the lot division and variance requests (Attachment 8). The planning commission recommended approval hvG vote Of5L01. During the review the planning t0nnnnisGion sLpeSS8d that the city council should look at placing 8Urne restriction on this project to enSUne that the addition is done within o certain tinnefna[ne to satisfy the neighbors. Staff has since added a condition that the siding [f the existing house, 8t8minimum, be complete within six months Df the date ofapproval. The requirement for the submittal 0fthe IR cash escrow or letter of credit and the signing of a right-of-entry agreement by the applicants will ensure this work is complete within this time frame. Requiring 8 time restriction on the completion of the addition would be more difficult, if not impossible, to enforce. RECOMMENDATIONS Adopt the attached variance resolution (Attachment 11). This resolution approves three variances associated with the creation of the new lot for a single dwelling west of the house @t2291 Hazelwood Street. These include having 8 lot area of9 square feet (5O0 sqV8n8 foot |0L area variance), 8 |OL width of 99.01 feet for 8 corner |0L (.99'f)0t |OL width variance), and a 12.16-foot rear yard setback variance for the existing house to the new lot line /7.84-hoOt rear yard setback variance). The City is basing this approval on the fact that the lot area and lot width variance are in keeping with the surrounding properties and the ability of the applicant to prove a specific hardship for the rear yard setback variance that meets state law requirements including: o. The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). b. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. C. The mahgnCe3 and the creation of new lot and construction of single fornik/ house in this location will not change the character [d the area as surrounding properties are all single t8n0i|y hOUS8S with SiOli|8r |0t sizes. Approval of these variances is subject to the following conditions: o. Prior to the issuance of a grading or building permit for the existing house at 2291 Hazelwood the applicant must submit the following: 1) Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house within six months of the date of approval. 2\ Sign 8 right-of-entry agreement allowing the city to enter the property at 2391 Hazelwood Street to 0onnp|8L8 siding of the house within six months of the dote of approval if the vv0[h is not C0[np|etm if nmCmSS8ry. 3) Sign a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. 4) Removal Of the temporary chain link fence. 5\ Removal 0f the 8-t}0LhiQh wood privacy fence Or alteration Of the fence to ensure that the side of the fence facing the neighbors ia finished, with nO structural supports showing. 0\ A site plan or survey showing the location 0f the existing house and addition. The addition must maintain at least a 19-foot rear yard setback from the new property line. 101 2. Approve the lot split site plan date stamped May 15, 2007, for a lot division request to Subdivide the 21,780-square-foot single hannik/ lot located at 2291 Hazelwood Street into two single family lots. Lot division approval i8 based on code requirements (Section 34-14 - lot divisions) and is subject Ln the following: a. Submit a survey to staff for approval which shows the following: 1\ Legal descriptions of both lots. 2) Location and setbacks of existing house on the corner lot. b. Acash connection fee for the new lot's share of sewer and water extension along Cope Avenue as follows: $2,970 — sewer and $2,970 — water ($5,940 total). C. Submit 8 cash escrow or letter Cf credit to cover 150 percent of residing the existing house within six months of the date of approval. d. If the new lot (adjacent Cope Avenue) isLOb8 sold or deeded k] another party, deeds describing the two new legal descriptions for both lots. 8. Once the above-mentioned conditions are met, the city will stamp the survey or deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). Prior to issuance of agrading or building permit for the new house On the new lot (adjacent Cope Avenue), the following must be submitted to staff for approval: 1 ) Proof that Ramsey County has recorded the lot division. 2\ A signed certificate of survey showing the location of all property lines and the location Cf the new house with atleast a10-fVVt setback from the house, garage, and deck to both side property lines. 3\ Submittal 0f8 screening plan ensuring screening from any proposed deck 0n the new house to the existing house to the west at 1515 Cope Avenue. M. I surveyed the owners 0f the 51 properties within 500 feet 0f this site. Of the seven replies received, two were for the proposal and five were mainly against or expressed concern. For 1. Sylvester and Katherine UnBrU Street East: UiS alright vvithUa. It will bS better than the way it is now. 2. Judy Baier, 2240 Hazelwood Street North: It is fine with me. Against 1. Patricia Collier and William Johnston, 1520 Cope Avenue (written C0n101eDtS): This home was not vacant —h was lived in until December nf2OO5. | believe it was then abandoned and not kept up nor was the yard kept up and their taxes were not paid and they were, and maybe still are, on "good faith mortgage agreement, only paying $2U0 per month. NV guarantee this will be paid for and finished. Must demand 8n escrow deposit [f enough tO C0Olp|Bte job and if they dO not pay contractors. 2. Jerome and bmnette Erickson, 1474 Cope Avenue East (written comments): We feel like the corner would look very drawn together and not much yard for either house. Someday if the old house would Ue taken down only a very long house would fit there. 3. Roy Pogue, 1510 East Cope (telephone ooU): He expressed concern that they can actually complete the project. The city should guarantee that funding is actually available. 4. Dennis and Kaye NOrbeck, 1502 SherrenAvenUe East (e-mail comments): The N0rbeSkS submitted an e-mail expressing concern over the condition of the existing house in addition to other concerns (Attachment 9). 5. Jim and Kathleen |fGkG|8, 1515 Cope Avenue East (e-mail conlnn8nLs): The H8k8las submitted an e-mail expressing concern over the condition of the existing house in addition to other concerns (Attachment 10). 7 REFERENCE INFORMATION Existing Use: Vacant Single-Family House SURROUNDING LAND USES N0[U1: Single Fo[nik/ House East: Proposed Comforts 0f Home Assisted Senior Housing South: Single Family House across Cope Avenue West Single Family House PLANNING Land Use: Single Dwelling Residential (R-1) Zoning: Single Dwelling Residential (R-1) Criteria for Approval Administrative Variance: Section 44-1131 through 44-1134 of the city code allows city staff to approve lot width and area variances in the single dwelling residential zoning district administratively if the variance does not exceed 5 percent deviation from the minimum Other Variances: State law requires that the city make two findings before granting a variance: Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put t03 reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Lot Division: Section 34-14 of the city code allows city staff to approve three new lots from aparcel [n tract in any single calendar year without the need for platting. The lot division must b8 filed with the county within one year of city approval. Application Date The city received the complete application for the variances and lot division requests on May 14. 2007. State law requires that the city take action within 80 days [d receiving complete applications for any land use proposal. The 6O-doy requirement 0O this proposal ends July 13 The statute further states that a city may extend this time period an additional 60 days in the event additional time is needed for review. (]n June 29 city staff extended the timeline 8n additional 60 days to ensure adequate time to submit approved city council minutes of approval or denial Vf the application tothe applicant. The new deadline for city review i8 September 10,2OU7. P/san O/22Q1 Hazelwood Street Attachments: 1. Statement Supporting Variance 2. Location Map 3. Site Plan 4. Existing Elevations 5. Proposed Elevations 6. Boaaa/d Preliminary Plat 7. Engineering Review 8. June 18.2007 Planning Commission Minutes 0. NorheokCnmmenta 10. Haka|aCommente 11. Variance Resolution pe Attachment 1 Statement S!!ttortina Variance Robert and Linda Carye seek a variance f rom th s t r ict application of Maplewood Codes concerning lot size and yard setbacks in an R-1 or R-2 residential district. The Caryes seek to split their l2 acre 'lot at 2291 Hazelwood in order to build a new home next to the existing house, which will be refurbished. The site plans and elevations accompanying this application depict the Carye's proposal for the property. The existing house would be refurbished and expanded, using materials and design features intended to harmonize th e house with the existing neig hborhood. The storm damage to the house will be repaired, the structure refurbished, and additional living space added. The restoration will also eliminate the double-entry gravel driveway, replacing it with a single-entry concrete driveway off Hazelwood Street. On the newly created lot, the Caryes intend to build a home for sale or rent. The new home is also designed by the architect working with the Caryes on the existing structure and is depicted on the site plan. Design elements of the new home will follow the addition described above, with the overall goal to blend in with the other homes in the neighborhood. The Caryes do not intend to sell the lot to a third-party builder, but develop it themselves. The residential lots surrounding 2291 Hazelwood are all approximately % acre with modern homes. The Caryes' proposal is a reasonable use for this land and would bring the land in closer conformance with its surroundings, by harmonizing the lot size and updating ho me (built in 1914), the lot split is not possible under t the structures on the property. However, because of the placement of the original 7' 1 strict application of the code without tearing down the existing structure. The Caryes have not moved the zl� existing building or altered its dimensions since acquiring the property. C, As depicted on the attached plans, the proposal would still maintain the spirit and intent of the R- I /R-2 zoning codes, in that it establishes ample space between the proposed houses and maintains an appropriate residential feel in keeping with the neighborhood's character. The variance will allow the Caryes to make significant upgrades to the existing building, add new housing, to the area, and make lot upgrades in conformity with the single-family planning envisioned for the area. The p roposal, as a whole, converts an over-size lot with an outdated structure into modem housing which will enhance the property value of surrounding properties, RECENED F;ummmm-w s Location Map At achment 3 r-ILt ld*fl Ul Ta X011 *a .10*66 7 - ------------- (*/,OZ) x3vulas $SZ Z W f �+ C8 DRM 3i V813S IOE ----------- 10'66 ---------- 0019L - site Plan (M 1 5, 160-o Attachment 4 " UZQZ1 u " lq,: I.- L - - - 7f:: :f ...... vr%lrllr" L-1 VIIA EXISTING NORTH ELE&A.1- DW MW EXISTING EAST ELEVATION SCALE: lil- Vx Existing Elevdofttionj EXISTING WEST ELEVATION SC�LL VV - V,V A L.L /-xi uachment 5 WOFNAU 111-PC x0m) YU-1; ELEVATION 8`.9314 - - 3C F P1,Ux 1= MST FLOOR XLCYATION .A' EAST ELEVATION Ak SOUTH ELEVATION OF GARAGE k SCAM 114 - 1--r J �W.Ey,, U x ... � I I'll rx WEST ELEVATION NORTH ELEVATION Propu Elevations �-_-_ AWLILLIIE,"-I)Ic- LCO"U!LDOR ELEVATION W-*m r — Qr��m , — a -- UM FLOOR E10"AMS R2: — SECTION AA SCALE: W - -1'a' TZ MTANf :COIND FLOOR ELEV-nallf V-1 NA- — — ItnLr.Lug .- ", Um FLOOR ELEVATION •4, — — SECTION BB SCAM VC - I— Elevations ;T I Lqo�. V NTI I W Proposed Elevatiu SECTION AND SOUTH ELEVATION, SCALL 1 I SECTION AND S ELEVATION SCALL p4 , _ JL - --- 80 —�—�---- --------� 80 ____ ---- ---- ---- -� | � l 80 95 1 33 Ors.311 (610.01 FLOM It 33 1 33 ic T- 80 Attachment 7 Page I of I QUICK SUMMARY PROJECT ADDRESS: 2291 Hazelwood Street (Lot Split) ISSUE: Driveway Location REVIEWED BY: Michael Thompson (Maplewood Engineering Department) DATE: 06/20/07 From my understanding, there was a condition that if a lot split was allowed at 2291 Hazelwood Street, that the eastern lot must have a driveway that connects to Cope Avenue. On the morning of 6/20/07, Linda Caryne stopped up at the Public Works office and talked with me about the driveway being required to connect to Cope Avenue. She stated that she meant to bring this issue up at the planning commission meeting on 6/18/07 because she wants to leave the driveway location on Hazelwood Street. I visited the site today, and there does not seem to be a compelling reason to condition the driveway to connect to Cope Avenue. There is unlimited sight distance on Hazelwood Street. The residential driveway would be required to meet the city standard 30-foot separation from the right-of-way as shown in the attached drawiniz. 2291 Hazelwood Street Lot Split Driveway Location 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 (June 6, 2007), The Lawrence Group;June 6, 2007 for County parcel and property records data; June 2007 for commercial and residentia Attachment 8 DRAFT TUESDAY, JUNE 19,2007 b. Lot Division Proposal (Carye — 2291 Hazelwood Street) (9:15 — 10:15 p.m.) Mr. Roberts said Robert and Linda Carye are proposing to subdivide their 21,780 square foot lot at 2291 Hazelwood Street into two single family lots. The Caryes are proposing an addition and improvement to the existing house on the corner lot and a new single family house will be constructed on the new lot to the west (on Cope Avenue). In 2000 the Carye's purchased the single family house. Prior to moving into the house a storm caused extensive damage including the loss of several trees, destruction of the detached garage and shed, and interior damage. In 2001 the home was flooded by a defective water softener, which was followed by four sewer backups. The flooding and sewer backups resulted in the production and spread of mold spores throughout the entire house. The house sat vacant since approximately December 2006, after the Carye's moved to Boston to tend to family matters. Commissioner Pearson asked what had been done to prevent any more sewer backups from occurring in the future? He asked if the Fire Marshal or if the Building Inspector had been inside the house recently to see the condition because it sounds like the house is very old and run down. He asked why the fence that had been built had been allowed to stay this way for this long? Mr. Roberts said regarding the fence, staff was not aware of any fence complaints, if there was a complaint; it wasn't raised until this proposal came up. Commissioner Pearson asked if the fence was built with a permit, and if it was inspected? Mr. Roberts said because of the height of the fence, no permit was required. Regarding the sewer and the condition of the building, the only comments staff received are from Dave Fisher, the Building Official, on page 4 of the staff report. Staff is not aware of any recent interior inspections. Regarding the sewer, Mr. AN may have some comments; otherwise the commission would have to ask the applicant that question. Mr. Ahl said he isn't aware of any ongoing sewer problems here. He said he doesn't have the history of the sewer at this address so that answer may have to come from the applicant. Commissioner Trippler said he doesn't approve of the outlay and granting a variance even though it's only for 7'!2 feet. It looked to him that the portion of the house that extends off the back was an addition. If the applicant is going to build an addition it didn't seem that it would cost that much more money to remove the area off the rear of the house that looks like an addition and decrease that area by 7'I2 feet so the house would be in compliance with the setback. Mr. Roberts pointed out the south view of the house that Commissioner Trippler questioned. Planning Commission -2- Minutes of 06-19-07 Commissioner Trippler said regarding moving the driveway location, when he looked at the property he noticed a curb cut on Cope Avenue. He wouldn't recommend the driveway in the location staff recommended because Cope Avenue crests 200-300 feet and when he tried to back out he couldn't see cars coming up from the lower part of Cope Avenue but the cars kept coming and coming. Each time he tried to back up he had to continue waiting to get out. It seemed Hazelwood Street would be a better place to exit the property if in fact the highway department gets their wish to shut down Hazelwood Street at the Highway 36 connection. If and when that occurs, Hazelwood Street would be used much less compared to Cope Avenue. Because this is the corner lot, you not only have to keep watching for traffic which is hard to see from the west coming up the hill but you also have to figure out which cars are going to turn, it's basically a nightmare trying to back up out of there. Commissioner Hess agreed with Commissioner Trippler's comments. If the setback is supposed to be 20 feet by code, he wasn't sure how the proposed addition was going to tie into the existing home to the rest of the house. He is thinking about the future resale issues. Regarding a 20 foot setback, he would be more in favor of trying to comply with the setback. He said this property is in rough shape. He was concerned how much of the sewage issue had been taken care of. Commissioner Desai asked if the city required a habitation permit for this existing residence because he understood no one had lived in this house for a few years. Mr. Roberts said the city would have to find that this house is habitable in order for it to be occupied. If it's found to not be habitable the city would declare that. Staff doesn't have enough history with this home but its staff's expectation that the issues will be taken care of in order for this to move forward. Commissioner Desai said the mitigating mold issues are a tough issue to deal with in a home. It may be easier to tear the house down and start all over. Maybe the architect can shed some light on this subject. Commissioner Hess said kitty corner and across the street from this site the Comforts of Home Senior Housing will be built and maybe that will add more traffic to the area making it more palatable to have the driveway on Cope Avenue. Mr. Roberts said Comforts of Home would have 44 senior housing units including some memory care units so that building will not generate a lot of traffic however, there will be more traffic than what exists now. Commissioner Trippler asked if the commission would be approving a variance to the west because that lot is only 76-feet wide instead of 100 -feet wide? Mr. Roberts said because that is an interior lot the minimum lot width is 75-feet wide. Chairperson Fisher said a corner lot needs to be 100 -feet wide. Chairperson Fischer opened the public hearing up to the public. Planning Commission -3- Minutes of 06-19-07 Linda Carye, 2291 Hazelwood Street, Maplewood, addressed the commission. Ms. Carye thanked the commission for their time. She said regarding the recommendations in the staff report, her and her husband are in agreement with the conditions. She said she would like her architect and landscaper to speak as well. She said she purchased this house in 2000. One week after she purchased the house, there was a storm and the wiring in the house was fried. New wiring, new plumbing and new interior walls have been done on the interior of the house costing $60,000. She knows from the exterior, the house looks horrible. Driving by the house you wouldn't believe she spent that much but she said she has the receipts to prove it. Her father had cancer and she and her husband went to stay with him in Boston so the property has been vacant. She hired two other landscapers, besides Dan Stone, who is her third landscaper, to take care of the property that didn't conform to the job and her and her husband were not aware of the problems until the City of Maplewood made them aware of the situation. Regarding the mold and sewer problems, after the storm in 2000 they stored their personal possessions down in the basement because they were working on the interior of the house. Their water softener got stuck on the discharge cycle and flooded the basement when they weren't home. They imagine what happened was that the cardboard boxes disintegrated from being wet and the debris went down the drain because they had the sewer cleaned out after it backed up four other times. Then they had a camera put down the sewer and everything had checked out fine. The house has been checked out and there is no longer any mold problems. Commissioner Trippler asked if it would be possible to take 7Y2 feet off of the western edge to meet the 20 foot setback requirement and move the proposed addition over 7'/2 feet? Ms. Carye said because it is getting so late she would like to have her landscaper speak and then the architect can speak. Dan Stone, 2686 Mackubin Street, Roseville, addressed the commission. He said he was hired to take care of the property. He does the weekly mowing and maintenance of the property. He was also hired for the future landscaping at the proposed property. There were no questions by the commission for Mr. Stone. John Gasper, NAI Architects, residing at 1594 Mary Street, Maplewood, addressed the commission. Mr. Gasper said they removed the small shed on the back end of the property. What's left is the kitchen area which looks like an addition but isn't. To remove 7'/2 feet off the rear of the house would cost a lot of money because they would have to cut the kitchen in half. The applicant had already upgraded the electrical, lighting and plumbing in the original part of the house. He said on the plans they show the west part being removed. Mr. Roberts pointed out on an aerial photo where the shed was that was referred to that had been removed and where the kitchen is located on the property. Commissioner Trippler asked if the kitchen was part of the original house because it looked like that area of the house was added on. Mr. Gasper said he didn't know for sure because he didn't know the history of the house, but he assumed it was part of the original building. Planning Commission -4- Minutes of 06 -19 -07 Commissioner Trippler asked what would be built in the addition that would be attached to this portion of the house? Mr. Gasper said on the south end there would be a two car garage with an upper office area. Between the garage and the other portion of the house is a breezeway with stairs that will go over the garage and stairs that go down into the basement. The area to the west that they would remove is where the stairs are right now. Commissioner Trippler asked if he knew how much it would cost to move the kitchen and put the kitchen in the northern portion of the breezeway and make that all one unit? Mr. Gasper said that would cost quite a bit because the wiring, plumbing and lighting is all done in the kitchen. Commissioner Hess said following the roof ridge line to the west, he sees a line that looks like there is two pieces of house there, unless that's another roof ridge. Mr. Gasper said they are adding a master bedroom over the kitchen there. Commissioner Hess wondered why they couldn't slide the addition to the east and comply with the 20 -foot setback for the future sale. Mr. Gasper said you could slide the garage and the breezeway east, but the original footprint of the house is right where it's at. Mr. Roberts said the first floor exists and the architect is proposing to put a second floor addition on -top of the existing footprint so the rear wall becomes two stories. Mr. Roberts pointed out where the addition would go with the existing house footprint. Commissioner Hess asked where it's listed as the proposed addition, could you move that section of the building so it would comply? He realized it would be a hardship to tear out the lower area in order to comply with the setback. There is a wood fence up against the chain link fence and there is a fence down the center of the yard, he asked what the situation was with the fences? Ms. Carye said regarding the chain link fence that runs down the middle of the property, the intention was that was a temporary fence because they knew they were going to build an addition to the property. Last fall she was under a court order not to touch the property. The property is still in litigation but she wants to move forward and finish the house and move back there. The chain link fence was always intended as a temporary fence, she said she will take that fence down. Regarding the wood fence, with the finished fence facing inward toward her home, she said she didn't receive permission from her neighbor to unhook his chain link fence. They needed to unhook the chain link fence in order to shoot straight forward from the neighbor's property line. If she has permission she will definitely make sure that gets done if you allow a contractor to come in. She said she would resurface that with the same material. Commissioner Hess said it seemed strange that the applicant would invest $60,000 on the interior of the house and do nothing on the exterior which would have pleased the neighbors since the home is in such rough shape. Planning Commission -5- Minutes of 06-19-07 Ms. Carye said she is aware of that and she never thought this would go on this long. Because the property is still in litigation, in the last year she was just released to work on the property. It has always been their intention to build an addition to the property. Yes, she said she could've put siding on the house for two years or so. To reside the house and then do the addition and take the siding down and reside the house again seemed not worth it since you could never match the stock material. Commissioner Pearson said it states in the report that the sewer backed up 4 times. He asked if this was the sewer main? Ms. Carye said there was a drain in the floor and it backed up through there. The four incidences were in a three or four day period and until they had the drain cleaned out when the boxes disintegrated and the debris went into the drain. That was the cause of the backup. They had the sewer cleaned out and had a camera inserted down there, everything checked out fine and there haven't been anymore problems since then. Commissioner Pearson asked if the sewer line from the house to the city's main line had been dealt with if it had been a problem? Ms. Carye said it hasn't been a problem that she was aware of. Chairperson Fischer asked if the applicant had any questions for the commission or staff? Ms. Carye said not at this time. Jim Hakala, 1515 Cope Avenue East, Maplewood, addressed the commission. Mr. Hakala said regarding the chain link fence on his property, it was there before the neighbor put in the privacy fence and they never came over to ask if he would do anything with the fence and the fence was put up backwards. He contacted the city and the city suggested that he just live with the fence that way so that is what he has been doing. Then the rest of the problems have been going on. He said he wished the commission wouldn't approve this proposal. Patricia Collier, 1526 Cope Avenue East, Maplewood, addressed the commission. She lives across the street from this property. She would like to know if this is connected to the city sewer or if there is a septic tank here? If the sewer could be inspected before they start construction on this that is where the city should start. She would like to know if there could be a timeframe for completion if this is approved? This project should have a final inspection afterwards. She put a fence up 4 years ago July 4, 2003. Her fence had to have a building permit. She has a cedar fence, the company that installed the fence got a building permit from the city so she wondered why she had to have a permit and the neighbors didn't have to get a permit? Mr. Roberts said if the fence is 6 feet high or less, the city doesn't require a permit so if the company that installed your fence told you they had to pay the city for a permit, they did not have to. Planning Commission -6- Minutes of 06-19-07 Ms. Collier said her fence is 6 feet tall and it looks the same as the neighbors. She would like to know about the storage trailer that was out there for years even before she moved there. It was finally removed this year. Her concerns are two fold, she would like to know if they intend to take residence here upon completion of this addition. She would like to see an escrow deposit requirement with the timeframe for completion in order to keep the mess down to a minimum. She thinks 6 months is a good timeframe even with all the neighbor is proposing to do. If they are only going to remodel the existing home and do siding to the house, she would like to see that done in 30 days. Ray Pogue, 1516 Cope Avenue East, Maplewood, addressed the commission. He said he has lived here for 52 years and he has seen the whole neighborhood change many times. This is the oldest house on the block. Ms. Carye really gutted the place, he hasn't seen the inside of the house so he doesn't know what it looks like now. The basement was a mess the only time he did see it, he has no idea what it looks like now. In January 2005 there was going to be a sheriff's sale because the bank had foreclosed on the property. Then the Carye's declared bankruptcy and the sheriff's foreclosure sale was cancelled. The Carye's made arrangements with the bank to make small payments to hold the property. Later they refinanced with another bank and that is where it sits now. The house is deteriorating. There are cats and birds flying in and out of the house and he assumes the house is uninhabitable. He is worried that this project isn't going to be completed, especially because they filed for bankruptcy and he is concerned there is enough money to finish the project? There is a sizeable mortgage on this property already. That's the real concern of the neighborhood; will this project really be finished? If it does, great! He said he is so sick of looking at this place, it's the biggest eyesore that there is. If the Carye's finish this the whole neighborhood would be in favor of it looking nice, but is there any assurance that this will ever get completed? Chairperson Fischer closed the public hearing. Commissioner Pearson asked if this property is connected to city sewer or if this has a septic tank? Mr. Roberts said the applicant testified that she had the sewer line cleaned and it was inspected with a camera and that tells staff that they are connected to the sewer. Commissioner Pearson said that doesn't necessarily mean they had it inspected from the house to a septic tank or from the house to the main. Mr. Roberts said he interpreted it to mean the sewer line was check from the street to the public sewer. Mr. AN said the public works department knows where the septic tanks are and this address is not on the list of septic tanks. He guessed this address gets a sewer bill from the city and he would be very surprised to see a septic tank in this area. The city hasn't done a dye test or anything but the city could do that. Commissioner Pearson said it would be phenomenal to miss that step during this messy process. Mr. AN said the city will definitely check on this before any permits are issued through the city. Planning Commission -7- Minutes of 06 -19 -07 Chairperson Fischer said some of these requests are small enough that they would have been allowed as administrative variances and could have been done administratively. Mr. Roberts said what changed things was the proposed rear yard setback variance. Otherwise these requests would have been done administratively and this would not have come before the planning commission. Commissioner Desai asked if the addition is moved back 7'/2 feet to comply, than it would fall within the administrative requirements? Mr. Roberts said they can't do that because of the existing home and the proposed property line of the lot and then the lot gets too narrow for the 75 -foot requirement. Commissioner Pearson asked if this property is still tied up in a lawsuit, and a fence can't be altered or taken down, how can this proposal go forward even if it were approved by the city? Mr. Roberts said this approval gives the applicant approval of a site plan with the variances and approval of a lot division for a second lot. It is up to the applicants when they use these approvals. If it takes another two years of litigation so they can actually build this, it is between the courts and the lawyers. This only gives the applicant approval to move forward with the city. Commissioner Hess said right now this is 76 feet from the line, what if the commission moved it back to the 75 foot line, which then makes it 13 feet to the existing property and then suggest that the proposed addition gets moved over so it is code compliant to 19.8 feet? Mr. Roberts said the problem is that this lot is only proposed to be 9,500 square feet because the width is fine but north to south the lot is not big enough to make the 10,000 square feet city requirement, so by moving the line over you make the second lot that much smaller. It's a balancing act between lot area and the rear yard setback. The 9,500 square feet is in keeping with the character of several other lots in that block. Commissioner Trippler asked if the commission could approve condition number two and not condition number one? Mr. Roberts said no, because the applicant needs the variances to the rear of the house to put the new property line for the second lot. Commissioner Trippler said he has the same problem that Commissioner Pearson has that if this property is tied up in a lawsuit he thinks nothing is going to happen here for awhile. The neighbors have expressed the concerns and it has already taken this long for something to happen here. Mr. Roberts said it appears the applicant would like to speak. The commission agreed to open the discussion up again. Ms. Carye said she is not under a court order to leave the house as is. She can do what she wants to the property as far as construction goes. Planning Commission -8- Minutes of 06-19-07 Commissioner Trippler asked what is tied up in court? Ms. Carye said she still has a lawsuit ongoing, but both parties have done their inspections and they have what they need for a trial and they can't tie the property up forever. Commissioner Trippler asked what the lawsuit was about? Ms. Carye said it encompasses several areas. There was the mold remediation and the damage to contents of the house. Commissioner Trippler asked if she was in a lawsuit with the insurance company to recover your damages? Ms. Carye said yes. Commissioner Hess said based on past history at this address, he was concerned that this project may not get finished and he wondered if a timeframe could be attached to this project. He asked if this should be added as a separate motion. Mr. Roberts said that becomes difficult to do. There could unforeseen circumstances, delays with the city, or by Mother Nature, etc. The city is confident that with the escrow for the siding, the normal building permit process and the escrow for grading and drainage as part of the building permit so if it is disturbed and things don't get finished, the city has money to stabilize the ground so erosion doesn't occur and dirt won't be washing down the street. If the siding doesn't get done, the escrow money would allow the city to hire someone to finish the job for the applicant. Commissioner Trippler said the applicant could sell the new lot first and then take the money from the new lot to help pay for the addition on the existing house. There is nothing in the resolution that says they have to do things in a certain order. Commissioner Trippler moved to adopt the attached variance resolution in the staff report. This resolution approves three variances associated with the creation of the new lot for a single dwelling west of the house at 2291 Hazelwood Street. These include having a lot area of 9,500 square feet (500 square foot lot area variance), a lot width of 99.01 feet for a corner lot (.99-foot lot width variance), and a 12.16-foot rear yard setback variance for the existing house to the new lot line (7.64-foot rear yard setback variance). The city is basing this approval on the fact that the lot area and lot width variance are in keeping with the surrounding properties and the ability of the applicant to prove a specific hardship for the rear yard setback variance that meets state law requirements including: a. The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). b. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. c. The variances and the creation of a new lot and construction of a single family house in this location will not change the character of the area as surrounding properties are all single family houses with similar lot sizes. Planning Commission -9- Minutes of 06-19-07 Approval of these variances is subject to the following conditions: 1)Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house. 2)Sign a right-of-entry agreement allowing the city to enter the property at 2291 Hazelwood Street to complete siding of the house if necessary. 3)Sign a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. 4)A revised site plan or survey showing that the addition will maintain a 19-foot rear yard setback to the new rear yard lot line and the relocation of the driveway from Hazelwood Street to Cope Avenue. 5) Removal of the temporary chain link fence. 6) Removal of the 6-foot-high wood privacy fence or alteration of the fence to ensure that the side of the fence facing the neighbors is finished, with no structural supports showing. Commissioner Trippler moved to approve the lot split plan date-stamped May 15, 2007, for a lot division request to subdivide the 21,780-square-foot single family lot located at 2291 Hazelwood Street into two single family lots. Lot division approval is based on code requirements (Sections 34-14-lot divisions) and is subject to the following: a. Submit a survey to staff for approval which shows the following: 1) Legal descriptions of both lots. 2) Location and setbacks of existing house on the corner lot. b. If the new lot (adjacent Cope Avenue) is to be sold or deeded to another party, deeds describing the two new legal descriptions for both lots. c. Once the above-mentioned conditions are met, the city will stamp the surveyor deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). d. Prior to issuance of a grading or building permit for the new house on the new lot (adjacent Cope Avenue), the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all property lines and the location of the new house with at least a 10 -foot setback from the house, garage, and deck to both side property lines. Planning Commission -10- Minutes of 06-19-07 3)Submittal of a screening plan ensuring screening from any proposed deck on the new house to the existing house to the west at 1515 Cope Avenue. Commissioner Desai seconded. Ayes — Desai, Fischer, Hess, Trippler, Walton Nay — Pearson The motion passed. This item goes to the city council on July 9, 2007. The planning commission stressed that the city council should look at placing a time restriction on this project at 2291 Hazelwood Street to ensure that this addition be done within a certain timeframe to satisfy the neighbors. Attachment 9 Spann Finwall From: KNorbe6@aot.com Sent: Monday, June 11, 2007 3:27 PM To: Shann Finwall Subject: Carye Lot Division at 2291 Hazelwood Street June 11, 2007 In response to the request for a lot division and variance for the property at 2291 Hazelwood Street, we have some concerns regarding this request. The house has been vacant for several years due to the fact that it really is uninhabitable! The house was built in about 1914 and Peter Moritz lived there all his life with few, if any modern conveniences. The paint is probably full of lead. The walls and insulation, unless it has been replaced, is probably full of asbestos. The wiring may or may not be up to code. The house may or may not have city water and sewer. (We all had septic tanks and well water when we moved here in 1967.) Now the house has been damaged with flooding and sewage backups and has left the inside full of mold. This is all very unhealthy. The house as it sits at 2291 Hazelwood is crammed toward the house on the corner of Sherren Avenue and Hazelwood Street with several overgrown pine trees that should be removed. These trees could be the cause of some of the pipe damage in this old home. Tree roots that have broken the lines. The existing old house at 2291 Hazelwood is not being restored a historical sight and due to the fact that it does not fit into the neighborhood and is uninhabitable, the best solution is to demolish it and build an appropriate home at 2.291 Hazelwood or facing Cope Avenue. The house plans for Cope Avenue seem as though the house the Caryes' plan to build would fit into the neighborhood. Our final concern is, do they, the Caryes' themselves and their children plan to live at 2291 Hazelwood OR do they plan to qua se fix up the old house and rent or sell it to someone else that may OR may not know of all the structural damage that has taken place? From all the information that we have received regarding the damage, it is hard to believe that they could adequately repair the damage without gutting everything, even the frame or support walls. The exterior is in dire need or repair also. When the Moritzs' lived there, he had his farm and flowers,and the house was acceptable and livable. Today, we feel that is NO longer the case and this has become an "eyesore." They also, during all the legal issue that they had, did not even have the courtesy to take down their mailbox! We had Lillie News, [hex Phone Books, and all sorts of other trash that we neighbors picked up when walking the neighborhood. Neighbors have done this year round for several years! One double house with garages, driveways, and nicely landscaped on the property that faces Cope Avenue that fit into the existing neighborhood would be a better solution! We shouldn't have to put up with the "old eyesore" that no longer is suitable for the neighborhood. We have already had Sherren Avenue infiltrated with a home that does NOT fit into the design or neighborhood. That home was allowed to be brought in and sits at the address of 1516 Sherren Avenue. The house is maintained well, but it does not reflect the feeling of the neighborhood. It should have been put onto a lot where the house would have fit into the style and age of the rest of the neighborhood! All the involved neighbors, we are sure, feel badly about all the damage the Caryes' had and all the legal hassles. However, we all want the best for our neighborhood and not at the hand of the Caryes' to recoup 6/11/2007 Page 2 of 2 their financial losses! Sincerely, Dennis and Kaye Norbeck 1502 Sherren Avenue East Maplewood, MN 55109-2630 KNorbe6@aol.com See what's free at AOL.com. 6/11/2007 Attachment 10 From: JAND Sent: Sunday, June 1D.2DQ78:50PKX To: 8hannFinwaA G Robert & Linda Carye Lot Division and Variance Request 2291 Hazelwood St. Attachments: Info on Site Plan,jpg; New House Deck.jpg; Old House.jpg SbammFinvveU /QCP-PLANNER City of Maplewood June 10, 2007 This is from: Jim and Kathleen Hakala 1615 Cope Ave E Maplewood, W1N551OB The existing house has sat vacant for three years this October. |n that time and longer we have had to live next toa eyesore of home, From siding and shingles missing to the fence being installed backwards to a pod sitting in the front yard and long grass all summer long. VVe have seen birds flying in and out of the west side peak and a cat that lives in or around the house. Needless to say it has not been helpful 0o the value of our neighborhoods property. About two months ago the Carvea stopped byto ask if we would sign av2� were wanted. V�a told thennvvevxou|` not sign anything at this time. Since then vve have heard from some of our neighbors that the Caryes had told them that everyone else in the neighborhood had signed the variance. Again we did not sign the variance. Our concerns with this proposal are: Existing House: Is it safe for anyone to live in? Will itbethoroughly inspected by the city and fina inspector before any decisions are made? From the drawing we see 'that the remodeled home will be 80 Ft. wide (north to south) this is not consistent for our neighborhood. VVedV not believe that the remodeled home will harmonized with the existing homes in the neighborhood, VVe are also concerned that such a large home will adversely affect the value of the homes in our neighborhood. We also are wondering why anybody would want ho build a house that size bordered by two busy streets and not have abachyand? New Lot New Home: The lot floods when it rains hard (see diagram). We want to know where the water will be diverted to? The new home is proposed to be 5 feet from the property line with a deck on our side of the home. The deck on our house is elevated 6 fe t and } 22 feet fro the property line VVe would be looking right down on the new homes deck. \f the new home \e built vv evxoulz want itc|osarto1heexi in homes property line and built opposite sn that the deck is on there side cfthe house, which is in conformance with the surrounding homes. \Ae are not iD favor of either adding ontothe existing home o/the building of the new home. We do not think this conforms with the single family planning envisioned for our neighborhood. It will make the existing home twice as big as the other homes in our neighborhood and cram a small home in what should be the existing homes backyard. Before making any recommendations please take the time to come out and see and try to envision what this proposal would mean for our neighborhood. We have attached 3 pictures taken on June 10, 2007 Thank you, Jim and Kathleen Hake|a 1516 Cope Ave E. K8ap|evxood, Mn 55109 851-777-6402 iandkn|@aol.cQrn See whaVs free at AOL.com. I�m 0 ,___-_~_._ - - I 1 ~~ | . APAG Attachment 11 VARIANCE RESOLUTION WHERE/\S, Robert and [jDd@ C@[Ve applied to the city for approval of three vGr8noBS from the zoning ordinance. WHEREAS, the variances apply to the proposed single dwelling lot west of the house at 2281 Hazelwood Street. The |9g8| description of the single dwelling |[t is Lot 5, B|VCh 1, BosSand WHEREAS, Section 44-100oftheMoplew00dCodeofOndinances requires that lots for single dwellings have nnininnu[n lot area Of 10 square feet and 8 lot width Of 1OO feet for o corner lot. WHEREAS, Section 44-108Of the Maplewood Code OfOrdinances requires 8 rear yard setback of at least 20 percent of the lot depth. WHEREAS, the applicant is proposing a 9,500 square foot lot (new lot 0nCope Avenue) and a 89.01 wide lot (corner lot). This requires a 500 square foot lot area variance and 8 .80 (less than 1 foot) lot width variance. WHEREAS, the applicant is proposing 8 1218-t}0L rear yard setback from the existing house to the new lot line, requiring a 7.64-foot rear yard setback variance. WHEREAS, the history of these variances is as follows: 1. [)n June 18.2O07, the planning commission held 8 public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required hvlaw. The planning commission gave everyone ot the hearing on opportunity t0 speak and present written statements. The planning commission recommended that the city council approval Of the variances. 2. The City Council held G public meeting about this request Vn July 9 The city council considered reports and recommendations from the city staff and planning commission. The city council the variances. NOW, THEREFORE, BE[T RESOLVED that the city council approve the above-described variances for the following reasons: The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). 2. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. 3. The variances and the creation of a new lot and construction of a single family house in this location will not change the character Vfthe area aG surrounding properties are all single family houses with similar lot sizes. Approval of these variances iG subject to the following conditions: Prior to the issuance Vf8 grading or building permit for the ex house Et22S1 Hazelwood the applicant must submit the following: G. Submit 8 cash escrow or letter [f credit bJ cover 150percent of residing the ex house within six months of the date of approval. b. Sign a right-of-entry agreement allow the city to enter the property at 2291 Hazelwood Street k} complete siding Vfthe house within six months of the date Vf approval if the work is not complete, if necessary. C. Si a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. d. Removal of the temporary chain link fence. R. Removal of the 6-foot-hi wood pri fence or alteration of the fence to ensure that the Side of the fence facing the nei is finished, with no structural supports showing. /\ site plan Or survey show the locat Df the existing house and addition. The addition must maintain at least a 19-foot rear yard setback from the new property The Maplewood City Council adopted this resolution nn .2007 � Agenda Item L2 TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Revision PROJECT: Keller Lake Convenience OWNER: RogerLogon LOCATION: 2228 Maplewood Drive DATE: June 29 Project Description Roger Logan, the owner of the Keller Lake Convenience store, is proposing a revision to the conditional use permit (CUP) for the property at 2228 Maplewood Drive. This permit allows a motor fU8| station to be within 35O feet Ofo residential zoning district. The proposed revision to this permit is for the expansion of a nonconforming use. This station is nonconforming because it is within 350 feet [f8 residential property. The proposed permit revision is necessary to allow the LP (liquid propane) retail dispensing facility that is on the property to remain on the site. Please see the maps and plans on pages 8 through 11 for more information about this pn}p8dv and facility. The city approved @ permit for the installation Of the LP dispensing fmC|itvGb0utOD8yGor8gO./\s shown on the attached site plan on page 11. the contractor installed the tank about 15 feet from the east property line 0f the site (exceeding the ten-foot setback requirement of the state fire cod8\. Unfortun8te|y, the city issued the permit for the bank in error since the city code requires the owners Vr contractors that install such tanks tn usually keep them 8i least 358 feet from 8residential property. City staff is working with the owner/operator Cfthe sk}n]. Mr. LVQ8n, to n8SV|v9 this matter. Requests T0 keep the LP dispensing facility onthis property, Mr. Logan and city staff are asking the city t0 approve a CUP revision for the property. This revision would be for the enlargement of a non- conforming use. Specifically, the CUP revision would be to allow the LP dispensing facility to stay on the property as an accessory use to the motor fuel station and convenience store. City Code Provisions Section 44-512(8) of the city code allows motor fuel stations in the BC(business commercial) zoning district with the city approval Of@CUP if the site iSEd least 350 feet from G residential lot line. The city has zoned this site K4-1 (light manufacturing) and many of the city zoning regulations for the K8-1 district oonn8 from the BC zoning district This motor fuel SL8don has been in operation for many years and was in place before the city changed the Code in 1882 t0 require the 350-foot spacing between motor fuel stations and residential land uses. The site, however, is next tn property that the city has planned and zoned for residential use. As such, itis now a nonconforming use in the K8-1 zoning district. Section 44-12 of the city code provides standards and guidance to the city about nonconforming buildings and uses in Maplewood. 8pecifica|ly.Secti0n44-12 (e)(2) of the city code allows the city to approve the enlargement, reconstruction or structural alteration of an existing building or use that is not permitted in the zoning district (nonconforming) if the city determines that there would not be a significant effect, as determined through a conditional use permit, on the development of the parcel as zoned. The proposal to keep the LP (liquid propane) dispensing facility Lo an existing, legal, nonconforming motor fuel station is an enlargement of a nonconforming use. Background Fuel Station April 11 The city council approved this CUP. August 14.1988: The city council moved k} increase the height OfLhe8cr88ningfencetO8i0hUfeet. November 27, 1089: The city COuDn| reviewed this CUP and scheduled review again in two years. December 28, 1092: The city council reviewed this CUP and scheduled review again in five y8@nS. October 27, 1997: The city council reviewed this CUP and scheduled review again in five years. November 13, 2002. The city council reviewed this permit and agreed to review it again in five years. CitV Code Changes [)n December 23.1S85 the council adopted o code amendment about the zoning and licensing requirements for LP gas dispensing facilities. This code amendment made LP gas dispensing facilities 8 permitted use in the B[} and k8-1 zoning districts. {)n July 13,1982. the city council adopted 8 zoning code update for all the commercial zoning districts including their permitted and conditional uses. This code amendment required all motor fuel stations k}b88L least 350 feet from 8 residential property line and kept LP gas dispensing facilities as 8 permitted use in the BC and K8-1 zoning districts (with the additional requirement that they also be8t least 350 feet from a residential land use). On May 1, 2007, the planning commission first reviewed this proposal. The planning commission, after much discussion, tabled the matter to allow staff to research several questions. These included safety and setback standards for propane dispensing facilities. (See the [n9RiiDg minutes starting On page 30.) Conditional Use Permit The contractor for the LP tank installed the tank in 2000. in compliance with Si8t8 safety requirements (which requires @t least @ ten-foot setback from 8 residential property |in8).The Maplewood code, however, now requires G350'fo0t setback for motor fuel stations and for LP distribution facilities from G residential pn}pRhx line. Unfortunately, in this case, the city issued the permit for the LP tank inerror. The city code now requires o350-fox} setback for oDLP sales facility from @ residential property. For the city, the primary Q]DC8rnvvhh3uChofGo|hv3hOU|dbethotOfpUb|iCsafetv.Thest8tefinRCOdR. according to the fire marshal, requires a 1O-foVt setback for such G tank from 8 property line. In comparison, one could consider the city's 350-foot setback requirement as excessive and not necessary to keep the public safe from such a facility. In this C838, the house to the 8oSt of the Site is about 138feet from the tank location. (Please see the aerial photograph on page 1O.) Additional Information In response t0 the request of the planning COrnnoissk]n. | posed 38v8nd questions to the Fire K8arSh8| about this and similar facilities. | have included my qU9sUVnS and his r8SpVnS8S to UlVS9 questions (with fire code information) starting on page 12. City staff recently contacted Amerigas, the supplier of the LP tank and the LP for this property. Ann8rigoS sent city staff o copy Of their "Propane Dispensing Station Training K88nU8|" of which | have included several pages for your reference (see pages 38 through 45). This manual includes information about training responsibilities, the properties of propane, information about propane containers, general precautions, emergency procedures and a test for dispensing station owners. The staff Gt/\D18rigGS told me that they provide this iDh3n0GtiOO to all their |OC@| LP suppliers and that they require the local distributors to p8SS their safety inspections and tests before 8||0vvin0 them to use LP dispensing facility. As for his business, Mr. Logan told Cib/ staff that he is the only 8nnp|Vy98 at his store that has the training and authority to refill propane tanks and that he gets an LP delivery once a week or every two weeks, depending 0n how much propane h8sells. I also contacted the Minnesota Pollution Control Agency (MPCA) to learn if that agency has any rules Vr regulations for LP tanks. The staff 8tK8PCA told nn9 that their agency does not have any rules nr regulations for LPtanks. City staff also surveyed several area cities b] see what, |f any setback or safety regulations or standards they might have for propane dispensing facilities. The communities that staff surveyed include Oakdale, Woodbury, ROSevi||e.VadnaiS HeightS, White Bear Lake, Stillwater, and Inver Grove Heights. The following is the information staff found: Oakdale: We have attached a copy of the Oakdale city code that addresses the issue of the LP bulk tanks within the city /Sec. 5-41 and Sec. 25-102\. (See the code sections on pages 20-22). The Oakdale City code restricts the bulk storage of LP gas in residential districts. In 8 general industrial district, the "bulk storage of liquid", is permitted but has specific guidelines concerning setbacks from other buildings, properties, and zones. An interpretation Cf these setbacks by Oakdale staff indicates that tank must be |OC@b3d at least 2O feet from an interior lot line, and 50 feet from G residential zoning boundary. Article 15 Sec. 25-188 pertaining to the bulk storage [f liquid, states ''/\|| uses associated with the bulk storage of all Q8GV|in8 0i|. liquid fertilizer, ch8nlic8|. flammable and 3irni|8r liquids shall mnnnp|y with requirements of the Minnesota State Fire K8arSh8| and Minnesota Department of Agriculture Offices and have documents from those offices stating the use iSinCnnnp|iance." Woodbury: Woodbury requires a conditional use permit for outdoor bulk tanks and does not specifically require a setback, but 8n interpretation [f city code from the planner there indicated that he thought the setback from another building was 110 feet in a scenario such as this. Roseville: The Roseville City code requires a conditional use permit for LP tank facilities. The planner there felt that ROSSvi||8 would require on industrial use like bulk storage and distribution Of LPbJbe00 feet from the front property line, 4O feet from the side property line, and 10Ufeet from the rear. This is Roseville's basic zoning setback for an industrial use abutting a residential use. The planner staff spoke to was not aware of any specific setback requirement for a bulk-refilling tank in Roseville other than those required by the fire marshal. White Bear Lake: The city planner in White Bear Lake was not aware of any setback specific to an LP bulk tank next tOG residential lot in that city. The planner there thought they would require G conditional use permit for such G t8ci|ih/ and that it would have to follow the standard setbacks for the zoning district that it was in. Stillwater: The planner at Stillwater stated that the City Of Stillwater does not have any setback requirements specific to bulk LP Refilling stations or tanks, but said that they adopted and follow the fire [nGrSh8| and state requirements. Inver Grove Heights: City staff spoke with the oonnrnunih/ dava|opnnnnL director who indicated that Inver Grove Heights has specific setbacks for commercial and industrial uses located near residential zones. After analysis Of Inver Grove's city code, there isno setback specific t0LP refilling at@ti0OS Or bulk b3DkS but there are specific setbacks for buildings On CO[nnl8rCi@| and industrial zones that are next tO residential zones. VV9 have attached iSG section 0f Inver Grove Heights city code which contains 8 table detailing permitted uses in each zone. (See the Inver Grove Heights Zoning Use chart on pages 23 — 29.) Fuel storage and dispensing with conditions with retail sales limited only to propane iS allowed inB-1.|-1. and |-2zones. They only permit ofuel storage tank such 8s crude oil, gasoline, natural gas, propane and other fuels in8n|-2zone. We also have attached the descriptions of each of these zoning districts along with a table containing the required setbacks for each Of the zoning districts. (See the chart 0D page 20.) One should note that none of the communities that staff surveyed had any detailed setback guidelines specific to a LP bulk tank other than the normal zoning/code requirements or fire marshal requirements for their cities. CUP for Expansion of a Non-Conforming Use Maplewood requires a conditional use permit for all new commercial buildings and land uses in the K4-1 zoning district if such uses would be within 350 feet of residential district. In this oaae, the city has planned and zoned the properties adjacent b}the site LV the east for single-family dwellings. The city should assure through the CUP review and approval process that the commercial building and 8SSOCi8ted site activities would not be harmful to the nearby residents. As | discussed @bOv8. staff is confident that with the existing screening and the proposed conditions of approval that this proposal can b8 compatible with the nearby residential properties. When reviewing 8 request such as thi3, it is important for the city to consider the he8|th. safety and vv8|t8n8 of the residents. As | noted 88dier, the setback from the east property line exceeds the states requirements. In addition, the tank iG8tleast 13U feet from the house tn east Of the site —thus providing separation and a level of safety for the occupants of that home. These factors, along with the existing screening fence that is in place and the lack of concern from the Maplewood police and fire personnel for this haoi|itv, provide the city 8 level of assurance that this facility does not pose 8 public he8|th, safety or welfare risk. Potential Outdoor Sales Concerns Possible Nuisances — The city always is concerned when a property owner wants to expand or intensify ocommercial business when it is near an existing residential district. As such, the city will want to 8nGVne that this expanded facility, if approved by the city council, will not C8VS8 any pn]U|8nnS or nuisances for the neighbors. Lighting —The owner i8 not planning tO add any outdoor lighting VVhhthiSp[opOS8iIf[heOVVn8nG want hJ install outdoor lighting inthSfutune.th8yw0uldh@v8tOSub0it to city staff for approval @ lighting plan. This would b8[0 ensure that any freestanding lights would not exceed 25 feet inheight, including the base 0f the light, and that the light illumination 8t all property lines would not exceed 4 foot candies. Public Safety - Lieutenant Rabbett reviewed the current proposal and states that there are no significant public safety concerns. H8 suggested limiting the hours Of operation tO ensure DOnoise complaints from the adjacent residential properties. Fine Safety - Butch Gervoi3, Fire K8arahed stated that the contractor followed all state guidelines and regulations with the installation of the LP tank and that he does not have any concerns with it being OD this site. Screening -|n this case, city does not have any major concerns with the addition of the LF/sales tank tO the site. There is an existing screening fence between the site and the residential property to the east that limits the visibility of the connnn8rCi8| property from the adjacent residential pn}p8dv. The small number of employees and trucks and the limited hours of operation should ensure that this proposal could b8 compatible with the nearby residential area. {}n June 5.2OU7. the planning commission recommended approval Vf the proposed conditional use permit revision for this site. RECOMMENDATION A. Adopt the resolution starting OD page 4S (Attachment 1O\ This resolution approves oconditional use permit revision for the existing motor fuel station and for aLP (liquid pn]p8me\diSLhbUtk}n facility nn the property 8t2228 Maplewood Drive. The city bases the approval of the permit revision On the findings required by the code. This permit Sh8|| be subject to the following conditions (the deletions are crossed out and the new conditions are UnUedin8d): 1 All construction and activities on the site shall follow the site and proiect plans as approved by the city. City staff may approve minor changes to these plans and the city council must approve maior changes to the approved plans. shall be kept mewed and PlaRted w gFass, iRGIwdiRg bewlevapds. 2. The owner or operator shall keep the property free of junk, or inoperable motor vehicles and debris and they shall keep the non-paved areas planted with grass and mowed on a regular 3. The owner or operator shall ensure that there is no light or light glare from the site on the residential property to the east. If the owner or operator wants to add lights or make any changes to the exterior lighting on the site, they shall submit to the city a detailed site - lighting plan that includes fixture design, pole heights and light-spread intensities at residential lot lines. This plan shall ensure that residential neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's lighting ordinance. The owner or operator shall submit this plan to the city for staff approval. 4. ARY 1 1- 30 - 1 - - Rdd frOM exteFioF speakeFs shall RGt be audible at the easteply PFGPG14Y liRe. 4. The owner or operator shall ensure that anv sound from exterior speakers is not audible at the easterly property line of the site. 5. There shall be no motor fuel, propane or other deliveries to the site between 10:00 PM and 7:00 AM. 6. The owner or applicant maintain a screening fence that is at least six-feet-tall and 100 percent opaque around the east and north sides of the property. The owner shall maintain and repair the fence so that it remains in good condition and so it is 100 percent opaque. 7. The hours operation for the store and business shall be limited to the hours between 6:00 AM and 11:00 PM. 8. The city council shall review this permit revision in one year. REFERENCE INFORMATION Site Size: 13,O08 square feet i3Oacres) Existing Land Use: Keller Lake Convenience Store SURROUNDING LAND USES North: K88n8rd8 South: Keller Golf Course across County Road B East: Single dwellings planned and zoned R-1 VV8sL: Frontage Road and Highway 81 PLANNING Land Use Plan: K8-1 (light manufacturing) Zoning: K8-1 (light rn8nUt8[tVrinQ) ORDINANCE REQUIREMENTS Section 44-512(8) of the city code allows motor fuel stations in the BC(business commercial) zoning district with the city approval of a CUP if the site is at least 350 feet from a residential lot line. Section 44-512(4) requires a CUP for the exterior storage of goods or materials. Section 44-837/b\ requires 8 CUP for any building Or exterior use within 350 feet Vf8residential CRITERIA FOR APPROVAL Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve 8 CUP, based OD nine standards. (See findings 1-9 in the resolution on pages 46 - 48.) P: Sec 0/ Keller Lake Convenience -2O07 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Aerial Photograph 4. Partial Site Plan 5. E-mail and Fire Code Information O. Oakdale Zoning Code Sections 7. Inver Grove Heights Zoning Code Sections O. May 1.20O7 Planning Commission Minutes S. Pages from the "Propane Dispensing Station Training Manual" 10. Resolution for a Conditional Use Permit Revision N GERVAISAVE \A\G ....... Attachment 1 RD GERVAIS AVE , 7 L�E � A � R d Location Map Keller Lake 8 Convenience 2228 Maplewood Drive Zoning [flap Pie'wood Dn've Attachment 2 Aerial Map Keller Lake Convenience 2228 Maplewood Drive Att;;rhmpnt Attachment 4 11 JA Attachment 5 Butch Gervais, Assistant ChieflFire Marshal City of Maplewood 1955 Clarence Maplewood, MN 55109 (651) 249-2804 Office (651) 249-2809Fax From: Ken Roberts Sent: Wednesday, May 02, 2007 11:30 AM To: Butch Gervais Cc: Dave Fisher; Tom Ekstrand Subject: Propane Tanks Hi Butch — The Planning Commission asked me to get more information for them about LP refilling tanks such as the one at the Keller Lake Convenience Store at 2228 Maplewood Drive. What they are looking for is information about the following* 1. What would likely happen if the tank developed a leak? Where would the propane go? What safety features does that tank have to help minimize the risks to the neighbors? 2. What could cause a tank like that one to explode? How often, if ever, do such commercial LIP tanks explode? If it did explode, what might happen? 3. Is it necessary or even practical to have a concrete safety barrier or wall installed on the east side of the tank (to help protect the house that is about 133 feet to the east of the tank)? 4. Are there state or federal codes or safety standards for the installation and operation of such tanks that you could provide to me that I could share with the PC and with the City Council? 5. How is the safety or risk level of this tank compared to other hazards in the world — fires, car accidents, accidents in the home, etc. 6. Bottom line — is this a safe place for the tank and does this installation pose much of risk for the homes to the east? 7. Also, does it matter where the underground fuel tanks for the station are on that site and does their location pose any special concern on this property? That's it for now. Thanks for your help in this. Ken 1. Propane is heavier than air so it would stay low and can be controlled with water spray 2. If there was heavy fire impinging and relief valves did not work containers can act like a rocket 1 1 don't believe it would be necessary 4. 1 have attached information 5. There is a risk with everything but I see no big issue with this tank 6. 1 feel everything should be okay T 1 am not aware of any concerns 12 CS uj uj of M �D �D ji cn O Lxa LLI -j w ca 0 CK LU 0 Lu -j 0 () < Z 0 Z✓ - 9A NZ 0 1� E LU M 0. uj CL E m E - D uj co CD 0 tm CD 0 CU -0 fn ar C'1 co 41 Q3 -z; = to CO E a < > x CL �u C) E m CD .t (D — In m > uj E a) CD rts C; m 8 Ul cn > u :5 In -4 z E CL ct- - M "�; 0 CD (D (D 0 7� cc 0 Q 0 co m cn CD C: m Lu 3 m a) o ai In CL > m X� 1:7 a) 0 1 3 CP N ro cm cn a C 0) cl) 2 > 0 ai F 3. :2 u:2 20 a 'u; CD En 0 a (v E , ca 0 w ca ra - -0 O = ai "0 5 2 cm cp co W-0 CO c *aC a5 m a) r cn M �m = g a 0 C7) 0 .2 q) 7 iD — = - uj Za -s 7, . 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Ul 0) 0 cc 0 - 0 E Q = m xi CL LLJ > z -!n- cc w ul ID ca E en U co E tm = o z 0 0; LL , N - o i 4 0 >- < m ca m 15 6 .2 02 co E 0 =j CD O L a m , 0 2 0 0 cl) > w C) 10 Im E a sl� a o T -j a < o U- _ L Lu 0 U, w s:.. m ctl CD cu a) LU C:j = > co U- < tv ro Q 4) 0 cl) 8 ;-- ID - D CD 0 tm CD 0 Q C 0 Co = m ; = 0 41 C=� ns -z; = to CO < E m CD .t (D — m E 0) > M cn u :5 In CL ct- - M Cr co m w 0 al o ai In 0) N ro cm _0 2 > 0 ai 2 �' 0 m cn m , ca ra - m > 5 cm cp co W-0 c > a) mm C7) I D LIJ 0 -0 U) CL) (a :2 fn 0 c cc CD - -;� ra Z z Cl) o < M n - M — —�� m = 0 m 15 u) ID E LG C)� O'' r 0 cr Co m tti Q m G ca m 0 3 X -j x x �;, a3 0 xi co w 2 — LLJ > z -!n- cc w ul ID ca E en U co E tm = E S a cu Co ' o Lu ' M 0 C3, 'm - CD 0 0 ca- CL 0 m a a) >, — CL a) w s:.. m ctl CD cu a) w x CD (D CD > = > co U- < tv ro Q 4) 0 cl) 8 ;-- ID E 6.3.1 Containers installed outside of buildings, whether of the portable type replaced on a cylinder exchange basis or permanently installed and refilled at the installation, shall be located with respect to the adjacent containers, important building, group of buildings, or line of adjoining property that can be built upon, in accordance with Table 6.3.1, Table 6.4.2, Table 6,4.5.8, and 6.3.2 through 6.3.12. Table 6.3.1 Separation Distances Between Containers, Important Buildings, and Other Properties 2001-30,000 7.6+-114 Minimum Distances 15 50 Mounded or 5 1.5 30,001-70,000 Water Capacity Underground Aboveground Between per Container Containers-' Containers' Containersc gal m3 ft H1 ft In ft m <125d < 0 . 5d 10 3 ()e oe 0 0 125-250 0.5-1.0 10 3 10 3 0 0 251-500 1.0+-1.9 10 3 10 3 3 1 501-2000 1.9+4.6 10 3 25 7.6 3 1 <— 2001-30,000 7.6+-114 50 15 50 15 5 1.5 30,001-70,000 114+-265 50 15 75 23 70,001-90,000 265-341 50 15 100 30 1 /1 of sum of 90,001-120,000 341+454 50 15 125 38 diameters of 120,001-200,000 454+-757 50 15 200 61 adjacent containers 200,001-1,000,000 757+-3785 50 15 300 91 >1,000,000 >3785 50 15 400 122 a See 6.3.4. b See 6.3.12, c See 6.3.11 d See 63.9. e See 6.33, 6. 3 3.8, and 6.3.9. 1 See 6.3.3. Copyright NFPA 14 6.5 Location of Transfer Operations. 6.5.1r- Liquid shall be transferred into containers, including containers mounted on vehicles, only outdoors, or in structures specially designed for that purpose. 6.5.1.1 The transfer of liquid into containers mounted an vehicles shall not take place within a building but shall be permitted to take place under a weather shelter or canopy (see 6}.22.3.3}. 6.5.1.2 Structures housing transfer operations or converted for such use after December 31, 1972, shall comply with Chapter 10. 6.5-1.3 The transfer of liquid into containers on the roofs of structures shal be perinitted, provided that the installation conforms to the requirements contained in 6.6.7 and 6.17.11. 6.5.1.4 The transfer hose shall not be routed in or through any building except those specified 1� ZX. in 6.5.1.2. 6.5.2 Filling of containers located outdoors in stationary installations in accordance with Section 6.3 shall be permitted to be filled at that location. 6.5.3 If the point of transfer of containers located outdoors in stationary installations is not located at the container, it shall be located in accordance with Table 6.5.3. Table 6.5.3 Distance Between Point of Transfer and Exposures Minimum Horizontal Distance Part Exposure ft In A Buildings,a mobile homes, recreational loc vehicles, and modular homes with fire-resistive wallsb B Buildingsa with other than fire-resistive 25c 7.6c Wa ll S b C Building wall openings or pits at or below 25c 7.6c the level of the point of transfer D Line of adjoining property that can be built 25c 7.6c upon E Outdoor places of public assembly including 50 15c schoolyards, athletic fields, and playgrounds F Public ways including public streets, highways, thoroughfares, and sidewalks (1) From points of transfer in LP-Gas 10 3.1 dispensing stations and at vehicle fuel dispensers (2) From other points of transfer 25c 7.6c G Drivewaysd 5 1.5 Copyright NFPA Copyright Table 6.5.3 Distance Between Point of Transfer and Exposures Minimum Horizontal Distance Part Exposure ft al H Mainline railroad track centerlines, 25 7.6 Containersc other than those being filled 10 3.1 Flammable and Class 11 combustible liquid IOC 3.1c dispensers and the fill connections of containers K Flammable and Class IT combustible liquid 20 6.1 containers, aboveground containers, and containers underground "Buildings, for the purpose of the table, also include structures such as teats and box trailers at construction sites. bWalls constructed of noncombustible materials having, as erected, a fire resistance rating of at least I hour as determined by NFPA 25 1, Standard blethods of Tests of Fire Endurance of Building Construction and Materials. cSee 6.5.4.4. dNot applicable to driveways and points of transfer at vehicle fuel dispensers. eNot applicable to filling connections at the storage container or to dispensing vehicle fuel dispenser units of 2000 gal (7.6 m water capacity or less when used for filling containers not mounted on vehicles. NFPA 3 )0, Flammable and Combustible Liquids Code, defines these as follows: Flammable liquids include those having a flash point below 100 °F (37.8 °C) and having a vapor pressure not exceeding 40 psia (an absolute pressure of 2068 am Hg) at 100 °F (37.8 Class IT combustible liquids include those having a flash point at or above 100 °F (37.8 °C) and below 140 °F (60'C). Copyright NFPA all I.1 Spacing of Containers. Figure 1. 1 (a), Figure 1. 1 (b), and Figure 1.1(c) illustrate container spacing required in &.3.1. Cylinders not filled on site Crawl space opening, windows, or exhaust fan For 81 units, 1 it = 0.3048 rn Note 1: 5-ft minimum from relief valve in any direction away from any exterior source of ignition, openings into direct- vent appliances. of mechanical ventilation air intakes. Refer to 6.3,7. Cylinder filled on Site from bulk truck Note 2. It the cylinder is filled cn site from a bulk truck, the filling connection and vent valve must be at least 10 it ffoin any exterior source of ignition. openingi inlo direct-vunt appliances. or mechanical ventilation air intakes, Resler to 6,19. Note 3: Refer to 6.3.7. FIGURE 1.1(a) Cylinders. ( 'his figui Witstrative purposes only, code shall gove•iz.) Copyright NFPA 17 �:. Intake to direct vent appliance It It (No 1) (min) (Ma te 2) Central NC compressor 10 tt (min (source of ignition} (Note . 1) For SI units, 1 it = 0.3048 m Window air (sou 0 10 It (min) (Note 10 it (Min (N 2) It Cravil space opening, Nearest line of adjoining in) window, or exhaust tan property that can be o 3) 10 It (min) built upon 25 it (min) (Note 3) Note 1: Regardloss of As sizo, any ASME container filled on site must be located so that the filling connection and fixed maximum !Iquid level gauge are at least 10 f t from any external source of ignition (e,g., open flame, window A/C, compressor), Intake to direct-vented gas appliance, or irtake to a mechanical ventilation system. Refer to 6.3-9. Note 2: Refer to 6,3.9. Note 3: This distance may be reduced to no less than 10 it for a =ingf container of 1200 gal (4.5 m water capacity or less, provided such container is at least 25 ft horn any ctt'er LP-Gas container of more than 125 gal (0.5 m water capacity Refer to 6.311 FIGURE 1.1(b) Aboveground ASME Containers. (Thus fignrefor ilhistrativeptirposes only; code shall govern.) Copyright NFPA M Intake to direct- vent appliance �N -MdOW cif I r coO Crawl aceope ing 10 t5 (min) h , ksoutce of 0 C- tr lAic (Note 1 10 it ( min} compressor (Note 1) 10 ft (min) (source of ignition) (Note 1) to it Z' A Cravd space opening, window, or exhaust fan 0 10 it (min) ' z Mole 2) z Note 1: The relief valve, filling connection, and liquid fixed maximum level 'Nearest line of ad"'cining gouge vent connection at the container must be at least 10 it from any oxtencr property that can be source of ignition, openirtg$ info direct•vent appliances, or mechanical built upon ,,v,rillaftrt air lnl,l,,. Refer to 1,32 Note 2: No part of an underground container shall be less than 10 it from an important building or line of adjoi ning property that can be built upon. Peter to For Sl units. 1 ft = 0,3048 m 63.2' FIGURE 1.1(c) Underground ASME Containers. ffhisfiburefor illustrative purposes only; code shall govern.) Copyrig h t NFPA �, ig City of Oakdale Chapter 25 of the Zoning , Cade Attachment 6 ARTICLE 15. G. I. DISTRICT, GENERAL INDUSTRIAL See. 75-101 Purpose. The purpose of the General Industrial District is to provide for light and heavy manufacturing, large- scale warehousing, truck terminals, and businesses which require large amounts of outdoor storage, z:1 See. 25-102 Uses in the General Industrial District. (a) Permitted Uses: (1) Any Permitted or Special Use of the Industrial-Office District. (2) Heavy manufacturing. (3) Warehousing. (4) Truck terminals. (5) Bulk storage of liquid. (b) Accessory Uses: In addition to those subordinate uses which are clearly and customarily incident to the principal uses, such as parking lots and off-street loading facilities, the following 11: ZP additional accessory uses will be permitted on the lot occupied by the principal use: (1) Service facilities providing personal services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed for the principal use. (2) Motor fuel station car wash. See. 25-103. Access. (a) Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development. (b) Curb cuts within a single Proposed site shall not be spaced closer than 150 feet. Industrial developments of a small scale shall be encouraged to develop a common access drive and Z�D parking facilities. Incentives, such as reduction in setback and/or parking requirements, may be provided at the discretion of the City Council. (c) A turning lane and its appropriate rigght-of-way must be provided if the City Council determines that one is needed. Section 25-101 to 25-113 Revised Jane, 2005 Pa g -- 0 e X) NE City of Oakdale Chapter 2S of the Zoning Code See. 25-104 Requirements on Setbacks, Yards, and Heights. (a) The minimum building setback from any lot line or public right-of-way shall be as set forth below. (1) (2) BUILDING SETBACKS FEET FEET Minor -Arterial Street Collector Street 40 Collector Street 10 40 Local Street Residential Zoning Boundary 40 Interior Lot Line 20 F - Residential Zoning Boundary 50 PAMUNG LOT OR CIRCULATION DRIVE FEET Minor Arterial Street 10 Collector Street 10 Local Street 10 Interior Lot Line 5 Residential Zoning Boundary no (b) Buildings may exceed thirty-five (35) feet in height if their design conforms to NE=esota State Building Code, Section 1306. See. 25-105 Exterior Storage. All exterior storage of raw materials, supplies, finished or semi - finished products and equipment shall be excluded from the front yard and shall be screened from view from the public right-of-way by an opaque wall or fence. See. 25-106 to 25-113 Reserved. Section 25-101 to 25-113 Revised June, 2005 Pag e 56 21 See. 5-40. Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. (1) The limited referred to in Section 79.501 of the UFC, in which storage of flammable or combustible liquids in outside, aboveground tanks is prohibited, are hereby established as follows: Residence One District, Residence Two District, Residence Three District, Residence Four District, Residence Five District, Residence Six District, Neighborhood Commercial District and Community Commercial District. (2) The limits referred to in Section 79,1401 of the UFC, in which bulk new plants for flammable or combustible liquids are prohibited, are hereby established as follows: Residence One District, Residence Two District, Residence Three District, Residence Four District, Residence Five District, Residence Six District, Neighborhood Commercial District and Community Commercial District. Sec. 5-41. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is Restricted. The limits referred to in Section 82.10' :)(a) of the UFC, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: Residence One District Residence Two District, Residence Three District, Residence Four District, Residence Five District, Residence Six District, Neighborhood Commercial District, Community Commercial District, Industrial Office District and General Industry District. Sec. 5-42. Establishment of Limits of Districts in which Storage of Explosives and Blasting Z!� ZT, Agents is Prohibited. The limits referred to in Section 77.106(b) of the UFC, in which the Z5 storage of explosives and blasting agents is prohibited, are hereby established as follows: Residence One District, Residence Two District, Residence Three District, Residence Four District, Residence Five District, Residence Six District, Neighborhood Commercial District, Community Commercial District, Industrial Office District and General Industry District. See. 5-43, Amendments made in the TNIUFC. The MUFC is amended and changed in the following respects: Section 2.101. Responsibility for Enforcement. In this and following sections, wherever the term "chief' appears in the code, it shall mean State Fire Marshal except that it shall also include the Chief Building Inspector or the Chief Building Inspector's Z C� duly authorized representative. of the jurisdiction adopting this code. Sec. 5-4-4. Violation. (a) Any person who shall violate any of the provisions of this code or standards hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder, ' or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit Chapter 5 — Page 13 22 Subd. 16. Attachment 7 Land Uses — All Non-Residential Zoning Districts P Permitted Use C f- A� � 11 D A on I y er :A1 A = Accessory Use City of Inver. Grove Heights — Business and Industrial Districts Use Chart Use Zoning District B I B-2 B-3 B-4 OP 1-1 1-2 P MIU Comm PUD Office PUD Additional building height (See Section 515.70, Subd. 12) C C C C C C C C C C C Adult Uses (See Sect 515.90, Subd, 30) C C As C Antennas, commercial (See Sect. 515,90, Subd. 31) A A A A A A A A A — A 1 Antennas, non-commercial (See Sect 515.90, Subd. 31(B), exception A A A A A A A A A A A Antique sho p p p Appliance store p p p Art studio (non-retail) p p C Auto parts and accessories store, no on-site shop or repairs p p .. .... Automobile Body Shop I A P Auto repair - major I A I I p Auto repair - minor P C P Automobile Service Station (See Sect 515.90, Subd. 24) C C C p Automobile Service - as accessory to retail sales (See Sect. 515.90, Subd. 42) C Automobile Service Center I I C Automobile and Off-highway vehicle sales BagalShop p I I p I p I A p Bakeries - retail I p I p p I I i I p C Bank (See Sect. 515.90, Subd. 251 I P I P I P P p Bar (rave Q } - See "Drinking Establishment" C Barbedbeautv shop I C I p p I p C Bicycle sales and repair I I p I p p p I C Billboard (See Sect 515.90, Subd, 29(C5)) Boat and marine sales (enclosed building) Book store I p P P Bottling Works Building materials and C C C Bus terminal E C p Bus terminal and repair arage 1 I— I p Business and trade school C I C C I I Cin q Grove Heights Zoning, Ordinance November 8, 2004 P• 80-19 23 City of Inver Grove Heights — Business and Industrial Districts Use Chart Use Zonin District B-I B-2 B-3 4 LA LOP 1-1 1-2 P NJU Comm PUD Office Car wash P A Cemete , including mausoleum I I I P Church C P Clinic {medical and dental) P P P P P C C Clothing store I P P P Clubhouse and other golf course structures A Coffee ho P P P P I I A P Commercial greenhouse P Commercial television and radio transmitters Construction officeitrailer, tent poraEy P P P P P P P P P P P Contractors shop indoor I P Contractors yard - outside but enclosed with fence 0 C Convenience store w/ gas sales (See Sect 515.90,Subd. 24) C G C C C Convention center C Convents, seminades monasteries, and nunneries; rectories, parsonages and parish houses; religious retreats when accessory to a place of worship A Copy center I C P P P P C C Crematorium P I P I P Day care fa cili C I C I C C I I I C C Dessert shop I I P P I P I I P I C Drinking establishment I C P f P Drugstore I I P P P I I P Dry cleaning; laundry pick-up stations C P P P P C Electrical, heating, plumbing, and appliance re air C I P Enclosed maintenance facility when architecturally compatible with the surroundings C C C Essential services P P P P ---T P I P P P Essential service buildings I C I C I C I C C_ 1 C C I C Fences (See Sect 515.90, Subd. 20) A A A A [_�� A A A Floor covering stores I P P I P Florist - retail sales I P P P I C Fuel storage and dispensing with conditions: a) exclusive use by owner; b) no retail sales except for propane P P P City of Inver Grove Heights Zonin,-, Ordinance November 8, 2004 p. 80-20 24 City of Inver Grove Heights — Business and Industrial Districts Use Chart Use Zonin- District B-1 B-2 13-3 B-4 OP 1-1 1-2 P N11U Comm PUD Office PUD Fuel storage tank such as crude oil, gasoline, natural gas, propane and other fuels Furniture store P P P Galle!X C P P P Game arcade C P P Garden suRply store P P Garden supply store: outdoor sales and display area A A Gift sho I P P P I I I I C Golf course P Groce!y store P P P Hardware store P P P Higher education - facilities P Hobbyshop P P P Home improvement center 0 Hospital Impound lot (See Sect 515.90, Subd. 39) Interior decorating store P P P P Jewel store P P P C Laundromat P, R I I P Laundry ' P P Liquor store C P P I I I I C Locksmith P P P Manufacturing and assembl I I C P Marina C Massage therapy, licensed P I P P I P - -------- --- Meat processing and packaging (no slaughterigg permitted) Medical and dental clinics P I P I P T P - T - P C C Medical complexes and facilities C I C I C C C Mini-storage facilities (incl. caretaker quarters) C I C I Mortua I P I P I P Motel /hotel I P C Multiple- family dwellings when attached to business Municipal community center and recreation facilities Municipal government administration buildings, fire stations, and police stations P Museum C I I I I P Music store I P P P Music studio (non-retail) P I P P P I I P C Music studio with incidental sales C P P P C Newspaper and publishing office I I I P I P City qfInver Grove Heights Zoning Ordinance Noveniber 8, 2004 p. 80-21 25 City of Inver Grove Heights - Business and Industrial Districts Use Chart Use Zoning District B-1 B-2 B-3 B-4 OP 1-1 1-2 P MU Comm PUD Office PUD Night club (providing structure is more than 100 feet tram R zoned 2rcipt C Nursing home -��4 C Office Building P P 1 1 P P C C Office supply store I P P I P Officeishowroom Office/trucking terminal I I C C I Officelwarehouse -- 7 — C1 Off-street parking A A A A A A A A A A A Open sales lot (excludes automobile and off-highway vehicle sales lots) C C Opficalleyeware sales <11,000 sq. ft. floor area C P P P C Opficalleyeware sales >1,000 sq, ft. floor area P P P Outdoor store I C C C' Paint and wallpaper sales P P P C Pawnshop, licensed 1 P Pet shop (no boardin i C P P Photo processing with film sales C P P I P Photo rah studio (non-retail) P P P 1 P P C Photography supply and processing P P P Picture framing P P P I P C Places of worship C P Playhouses C P P P I P Post Office P P Pdritinq and publishing P P Printing and publishing < 14,000 sq, ft. floor area P Private lad es and clubs C I C I I I P Private motor fuel dispensing sta 24) tion (See Sect. 515.90, Subd. � � Processing and treatment I I I C C Packaging, cleaning, repair or testing (enclosed building) Professional offices, not within office buildinq P P P P P A A A C Public libraries and art 2alleries I 1. I I i P l P Public parks and playgrounds P Public and private schools I I P Radio and television studios C centers C P - Recreation Research and development facilities (indoor on[ P C C C C C C Restaurant P P P I P I P I C City of Inver Grove Heights Zoning Ordinance JVovember 8, 2004 p, 80-22 91! Subd. 17. "B-1" Limited Business District. A. ' PuMose. The "B-1 Limited Business District is established for businesses that provide convenience goods and services to the local area- These districts are located along collector -P and "A" minor arterial roadways. B. Bulk Standards.* The following standards apply in the "B - Limited Business District Z:� Lot Area 10.000 square feet Lot Width 100 feet Front Yard Setback 30 feet Side Yard Setback 10 feet Rear Yard Setback The greater of 20 feet or I I/z times the building height Setbacks abutting "E" or "R" Districts 30 feet Height (max.) 25 feet Impervious Surface (max.) 75 percent * All standards are minimum requirements unless noted C. Allowable Uses. See Table in Section 515.80, Subd. 16 for a listing, of allowable uses within Z::� this District. Allowable uses also include uses determined to be substantially similar to those uses found in said Table, pursuant to the procedures and requirements set forth in Section 515.40, Subd. 8. City qf"Inver Grove Heights Zoning Ordinance November 8, 200 p. 80-24 27 Subd. 25. "1-1 Limited Industry District. A. P=ose. The "I -1" Limited Industrial District is intended for the continued operation of light manufacturing, warehousing, and wholesaling businesses. M� 1Z B. Bulk Standards.* The following standards apply in the ' " Limited Industry District :Z� Lot Area I acre Lot Width 100 feet Front Yard Setback 40 feet Side Yard Setback 40 feet Rear Yard Setback 40 feet Setbacks abutting E" or - 'R!' Districts 100 feet when abutting or 'R" districts; 50 feet when abutdricr "R- 2'' or "R -3 districts Height (max.) 60 feet Building Coverage (max.) "DO Percent * All standards are minimum requirements unless noted C. (Ord. 489; 6/25/84) Performance Standards. In general the packaging, assembly or storage of any products or materials is permitted in the "I -1" District provided such use is not listed as a specific permitted use in the "1-2" District or a specific conditional use in the "I -2" District or a specific conditional use in the "I -1" District Applicants for building permits in the - M" District shall submit evidence as may be required by the Building Inspector to assure compliance with the performance standards. =1 Should the Building Inspector have any doubt as to the ability of any proposed use to meet Z� the required standards, the matter shall be referred to the Planning Commission which shall make a recommendation to the Council to grant or deny the application. D. Additional Lot Requirements. I. Whenever an District abuts an "R" or "E'* District, a fence or compact evergreen hedge not less than 50% opaque nor less than six feet, except adjacent to a street where it shall be not less than three nor more than four feet in height, shall be erected and maintained in the front comer of the lot- along the side or rear Property line that abuts the or "E" District. 2. Whenever an "I-l" District is across a street from an "R" or "E" District, the front or side yard adjacent to the street shall have a minimum setback of 100 feet. E. Allowable Uses. See Table in Section 515.80 '. Subd. 16 for a listing of allowable uses within this District. Allowable uses also include uses determined to be substantially similar to those uses found in said Table, pursuant to the procedures and requirements set forth in Section 5 1 5.40, Subd. 8. City of Inver Grove Heights Zoning Ordinance November 8, 2004 p. 80-32 0 Subd. 26. "1-2" General Industry District. A. Purpose. The purpose of the 1-2 General Industry District is to provide for areas, which because of the availability to thoroughfares and railroads, suitable topography, and isolation from residential areas, are appropriate for industrial uses which are of a more intense nature, The 1-2 District also allows certain business us-Is necessary to complement general industrial uses. B. Bulk Standards.* The following standards apply in the "1-2*' General Industry District I Lot Area I acre Lot Width 100 feet Front Yard Setback 40 feet Side Yard Setback 330 feet Rear Yard Setback 30 feet Setbacks abutting "E" or "R" Districts 100 feet Height (max.) 45 feet 60 feet by CUP Buildtn Co verage (max.) 30 Percent * All standards are minimum requirements unless noted C. (Ord. 855; 12111195) Special J-T' District Requirements. The following requirements ZP shall apply to all "1-2" District uses. I. Along any street bordering a "R", Residential or "E", Estate district- there shall be no driveway access from such street unless access is other impracticable, I. Screening shall be provided in accordance with Section 515.90. Subd. 7. 3. Landscaping shall be provided in accordance with Section 515.'90, Subd. 10. 4. All on-site individual sewage treatment systems shall conform to the provisions of City Code Section 402. 5. All applicable performance standards of Section 515.90 shall be satisfied. 6. Along any street bordering an "R", Residential or "E" Estate District, there shall be no driveway access from such street unless access is otherwise impracticable. D. Allowable Uses. See Table in Section 515,80, Subd. 16 for a listing' of allowable uses within this District. Allowable uses also include uses determined to be substantially similar to those uses found in said Table, pursuant to the procedures and requirements set forth in Section 515.40, Subd, 8. Ciry of haver Grove He ig, hts Zoning Ordinance November 8, 2004 p, 80-33 N9 Attachment 8 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 1, 2007 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Vice-Chairperson Tushar Desai Absent Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present Staff Present: Tom Ekstrand, Senior Planner Erin Laberee, Assistant City Engineer Ken Roberts, Planner Lisa Kroll, Recording Secretary a. Keller Lake Convenience Store, Conditional Use Permit (2228 Maplewood Drive) (7:45.- 8:27 p.m.) Mr. Roberts said Roger Logan, the owner of the Keller Lake Convenience store, is proposing a revision to the conditional use permit (CUP) for the property at 2228 Maplewood Drive. This permit allows a motor fuel station to be within 350 feet of a residential zoning district. The proposed revision to this permit is for the expansion of a nonconforming use. This station is nonconforming because it is within 350 feet of a residential property. The proposed permit revision is necessary to allow the LP (liquid propane) retail dispensing facility that is on the property to remain on the site. The city approved a permit forthe installation of the LP dispensing facility about one year ago. The contractor installed the tank about 15 feet from the east property line of the site. Unfortunately, the city issued the permit for the tank in error since the city requires the owners or contractors that install such tanks to keep them at least 350 feet from a residential property. In comparison, one could consider the city's 350-foot setback requirement as excessive and not necessary to keep the public safe from such a facility. In this case, the house to the east of the site is about 130 feet from the tank location. City staff is working with the owner/operator of the store, Mr. Logan, to resolve this matter. To keep the LP dispensing facility on this property, Mr. Logan and city staff are asking the city to approve a CUP revision for the property. This revision would be for the enlargement of a nonconforming use. Specifically, the CUP revision would be to allow the LP dispensing facility to stay on the property as an accessory use to the motor fuel station and convenience store. K#j Planning Commission -2- Minutes of 05-01-07 Butch Gervais, Maplewood fire marshal, stated the contractor followed all state guidelines and regulations with the installation of the LP tank and that he does not have any concerns with it being on this site. Commissioner Hess asked how large the propane tank is on the site? Mr. Roberts said it looks like a 1,000 gallon propane tank. Commissioner Hess asked where the underground storage tanks are on the site? Mr. Roberts said staff thinks the tanks are located on the north side of the site, but they may be under the concrete on the site as well. That may be a good question for the applicant. Commissioner Hess said he spoke to a manager at Menard's because they sell propane in 20 pound tanks within 1,000 feet from a residential area, and the manager said he didn't have any concerns with the convenience store and the propane storage. Commissioner Trippler said he noticed in condition number 5. it states there shall be no motor fuel, propane or other deliveries to the site between 70.00 p.m. and 7:00 a.m. In condition number 7. it states the hours of operation for the store and business shall be limited to the hours between 6:00 a.m. and 11:00 p.m. He asked if there was some reason those two conditions weren't the same? Mr. Roberts said they weren't the same in the old conditions, but we could change that. Staff added some additional language. Condition number 7 relates to the city's noise ordinance. Commissioner Trippler wondered if the hours of operation should begin at 7 a.m. but the station opens I hour earlier at 6 a.m. Mr. Roberts said the city hasn't had any complaints about this station in years, so staff didn't feel the need to change that condition. Commissioner Trippler asked if staff talked to the resident at 1071 County Road B E, and if so, did they express any concerns regarding this request? Mr. Roberts said that resident called staff today and asked a few questions. Staff didn't think the resident was very happy about this, but they are here this evening and may want to speak to that. Chairperson Fischer asked the applicant to address the commission. Mr. Roger Logan, the property owner and applicant for the Keller Lake Convenience Store, 2.228 Maplewood Drive, addressed the commission. Commissioner Trippler said there is I hour difference between when deliveries can be made in the morning and a difference of 1 hour later than when the facility is open, is that a problem for you or not? 31 Planning Commission -3- Minutes of 05-01-07 Mr. Logan said that has not been a problem for him. He opens for business at 6 a.m. and closes at 9 p.m. Monday through Friday. Saturday he is open from 7 a.m. until 9:00 p.m., and Sunday he is open from 8.00 a.m. until 8:30 p.m. He said usually he's in the store because he does his own cleaning and restocking, but the door is closed. Commissioner Trippler asked if he had experienced or had any problems with deliveries wanting to come before 7 a.m. or after 10 p,m.? Mr, Logan said no. Chairperson Fischer asked if he had any problems or questions with the staff conditions? Mr, Logan said no, he follows the rules and things are fine, Commissioner Pearson asked if there were any plans to enlarge the size of the current propane tank? Mr. Logan said no, a 1,000 gallon propane tank is perfect. He said he also does tank exchanges on the other side and refuels on the other side. Chairperson Fischer asked if anybody in the audience wanted to address the commission. Ms. Catherine Dupre and Debra Forbes from 1071 County Road B East, Maplewood, addressed the commission. Ms. Dupre said their major concern of this is the fact that this is 130 feet from their bedroom windows. They were not aware this tank was installed for I year already. It's a giant tank and looks like a submarine. They have no idea why this propane tank has to be so large. The applicant sells 20-pound propane tanks on the other side, how much LP does that little gas station need on site? It's not like he is asking for another parking space or to sell a certain kind of candy bar. This is LP and LP blows up as we all know. His underground gas tanks are also on that side so when the big truck comes to fill up the big tanks, they could crash into the LP tank. Let's hope that never happens. As Ken Roberts was saying, the fire marshal said he was okay with this, but he doesn't go to bed every night 1,000 feet from an LIP tank, so he wouldn't be as concerned about that as we are. In the second paragraph of the staff report it states the permit was issued by the city in error, wouldn't it also be an error to leave the tank there after this has been brought to everyone's attention knowing that this tank was installed closer than the 350-foot setback. When the tank was put in they said they weren't given any notice or called to address the 1,000 gallon LP tank being installed. Ms. Forbes said even though the permit for this propane tank was issued, we were not invited to the meeting. Is it not also true that we would have had to wait 1 year before the permit was renewed again before we could testify at a meeting? Mr. Roberts said the permit for the propane tank was issued with a building permit, The propane tank did not require a public hearing, so that's why no neighbors were notified. It was through the building permit approval process that the error occurred when staff did not catch the 350 foot setback requirement. Ms. Dupre said whenever the previous property owner updated things we were always invited to the meetings for things such as the canopy and the lights for the station. 32 Planning Commission -4- Minutes of 05-01-07 Mr. Roberts said when the LP tank permit was issued staff viewed it as an accessory use to the main gas station facility and the city code allows minor changes to a site. For example, if the owner wanted to put 3 candy machines outside or move something around on the site, staff has leeway to approve minor changes to a site plan. Putting the propane tank on the site would not by itself trigger a public hearing. Yes an error was made, is it also an error to continue to keep the propane tank there? Mr. Roberts said without consulting the city attorney staff guesses that we could run into some legal problems if the city says an error was made and the owner has to take the tank out and pay the cost, where as the city may end up paying money to the owner if the city were sued in some fashion to try to force the removal of the tank. Staff doesn't know if the city wants to go there at this point. If the city council wants to pursue that, they could consider that option. Ms. Dupre asked why their safety should suffer because the city made an error in allowing this to be built? Ms. Forbes said we understand everybody makes mistakes. Ms. Dupre said you don't live there, 133 feet away is not even half the distance it is supposed to be from residential besides the size of the tank, plus the other tanks on the site. How much LP does one tiny gas station need, it's absurd. The owner doesn't make his living off selling LP; he makes his living off selling gasoline and the grocery store. The selling of LP must have been an afterthought to make extra money. Not having LP for sale would not put him out of business, and it wouldn't be a hardship on his part to not have LP for sale. He already has LP for sale in the front of the store, and now he has it in the back of the store. This whole piece of property is so small to start with and she can't believe how a 1,000 gallon LP tank would be allowed on such a small piece of property to begin with at 133 feet from residential property. If the 1,000 gallon LP tank was allowed in error, leaving the tank there is also an error. She said they are just as important and as valuable as the gas station. They are the only property owner this close to the gas station and the only ones affected by this, Commissioner Yarwood said there must be a limit to the amount of flammable material you are allowed to have on a property. Mr. Roberts said staff hasn't heard of a limit of flammable material on a property, but that may be something the fire marshal reviews on a case-by-case basis. Commissioner Yarwood said it would have been nice to have the fire marshal here to speak regarding the safety issues that are considered with these circumstances around residential properties. It appears from the fire marshal's comments in the staff report that he isokaywith this, but he presumed there must be some limits. Commissioner Trippler said Ms. Dupre and Ms. Forbes have stated they are the only property owners that are affected by this, and he asked the property owners how wide their lot is? Ms. Forbes said their property is around an acre of land, it equals five lots. Commissioner Trippler asked if the property owner at 1081 County Road B E was within the 350 foot radius? 33 Planning Commission -5- Minutes of 05-01-07 Mr. Roberts said if you measure from the tank location to the house location at 1081 County Road B E and not property line to property line, then they are. Mr. Logan said the previous property owner told him about these two property owners. Last year Ms. Dupree came to the station for gas which is pre-pay only but she didn't want to pre-pay for her gas, so she got mad and left. When the propane tank was installed, she was happy about the tank being there because it would be convenient and would accommodate the neighborhood. During the last snowstorm he had to call the city about a problem he encountered with her. Ms. Dupre said the snow was piling up and melting into her yard, and she told him to get a skid loader to remove the snow from the area. He said there was nothing he could do about it, that was nature and that she should talk to the city. So she said she would take him to court if he didn't remove the snow. Somebody from city hall was in his store at the time she said that. He said he told her if you want to go to court go ahead, or you can go to the city hall and talk to them because the city is plowing snow and dumping snow here as well. He got a citation, and he knew very well where the complaint came from, Ms. Dupre was the complainant, and even though she said that having the propane is a convenience that helps the neighborhood, she is still unhappy. He is the only one who is trained to refill the propane tanks. If a neighbor comes for a propane tank refill and he is not there, they have to leave their name and phone number and he will call them when he returns or they can come back to get the refill. The propane is shut off when he is not there, so no one else can operate it. This is just personal, that is why she is complaining. He said he rests his case. Commissioner Trippler said he also wished the fire marshal were here tonight because he would like to ask for some sort of estimate if the propane tank were to fail and there was an explosion, what the affect of a 1,000 gallon LP tank blowing up would be. He asked if staff had any idea what the repercussions would be? Mr. Roberts said it depends. It's one thing if it's a propane leak, it's another thing if the tank explodes, but with the bollards around the tank staff thinks it should be safer. The LP tank industry has to be very protective of the safety of these types of tanks. As an industry they don't want these tanks blowing up, that would be bad for their reputation. If a truck came crashing down the road and it hit the tank, there would be a big explosion which would clearly not be a good thing even though there is a slim chance of that happening. If the tank were located at the corner of the intersection, the chance of something hitting it would be higher and staff would be more concerned. Being that the tank is set back on the site, it should be safer. Yes, it would be nice to have more information from the fire marshal, and staff will request that before this item goes to the city council. Mr. Logan said the fire marshal required us to have concrete poles surrounding the tank, so even if a truck backed into the poles, the tanks are still protected. Ms. Dupre and Ms. Forbes are the only ones with the problem with the LIP tank. 34 Planning Commission -6- Minutes of 05 -01 -07 Commissioner Hess said he was wondering if there were things the city could do regarding the error in approving this propane tank permit such as reducing the size of the LP tank from 1,000 gallons to 500 gallons and /or having the owner put up a more substantial barrier between them and the property at 1071 County Road B East such as a concrete retaining wall as opposed to the wood fence. If you look at the LP tanks that are used on rural and lake properties, those LP tanks are all over the place and most of them are 300 to 500 gallon tanks, and you don't hear about those tanks blowing up or even leaking. Ms. Dupre and Ms. Forbes said they would like to reply to Mr. Logan's comments. Commissioner Yarwood said it's not necessary for a rebuttal. The commission can see past the personal issues. Ms. Dupre said our yard has a history of flooding and when the snow was piled up overthe street, she said she asked him to move the snow pile but she didn't say she would take him to court, she said she would talk to the city. The county actually came and removed the snow. If the snow melted down the street and into the catch basin, it would run into her yard which is low already, so her yard gets enough run off. This situation has nothing to do with the LP tank but she felt she had to explain the history between owners. She said if you don't live next to this tank you don't know the safety concerns, but when the tank explodes, they will not be there. A 1,000 gallon LP tank is not necessary to fill up a few 20 gallon tanks. Chairperson Fischer asked if there was anybody that hadn't had the chance to speak regarding this proposal? Nobody from the audience came forward. Chairperson Fischer closed the public hearing. Commissioner Trippler said he was trying to find some way to resolve this issue that would help everybody out. He asked staff if the city could require the applicant to move the propane tank next to his building? He was thinking he could use the convenience store as the containment structure if there was a failure and a tank explosion. If the tank was near the northwest side of the building that would provide more protection in case the tank were to blow up. He is thinking if there is a tank failure it doesn't make any difference if the tank stays where it's at or if it's moved to the north edge of the property, either way the property and the surrounding Domes will be damaged. Commissioner Yarwood said there are some ways to construct a concrete barrier abutment on the east side of the tank to deflect from the residential properties. Commissioner Trippler asked staff if the city could require that to be done? Mr. Roberts said that would be something staff would want to talk to the building inspectors, the city engineering staff and the city attorney about before giving a definitive answer. Commissioner Trippler said he can understand wanting to protect the city from litigation, but it seems that 1071 County Road B East has cause for litigation against the city for issuing approval for something that was in violation of the city ordinance. Chairperson Fischer said she knows CUPS get reviewed periodically on schedule; if problems arise in between time, do the neighbors have any recourse to get a CUP reviewed before the time period is up? 35 Planning Commission -7- Minutes of 05-01-07 Mr. Roberts said yes, especially if there is a violation of a condition or an operational problem. Chairperson Fischer asked if someone would call city staff to have that reviewed? Mr. Roberts said yes, staff would investigate it and if warranted take it before the city council. Commissioner Hess asked about reducing the size of the LP propane tank? Mr. Roberts said the question is who pays for the reduction and changing out the tank? Commissioner Hess said he understands that, but the city is looking at this from a life-safety issue. Mr. Roberts said without talking to the propane experts or the fire marshal, is a 500 gallon LP tank really that much safer than a 1,000 gallon LP tank? Commissioner Hess said he isn't sure either. Commissioner Walton asked how it was determined in 1992 that you had to be 350 feet away from residential property and was that requirement for a certain size LP tank or was it for any size tank? Chairperson Fischer said or was that just generally the 350-foot requirement for what happens in the M-1 district? Mr. Roberts said when he looked at the file on this, there was no study stating that 350 feet was the magic numberto make it safe for a certain size tank. The LP dispensing facility has generally been 300 or 500 gallon tanks or larger that staff has seen. The 350-foot requirement was taken from the rules that were in place at the time that stated that any use in the M-1 district that was within 350 feet of residential property automatically needs a conditional use permit, and the city still has that rule in effect today. Also, 350 feet at that time was the distance used for notifying neighbors of public hearings. The city has since increased that to a 500-foot radius, so 350 feet was a common number used for a lot of setbacks. Fuel stations and motor vehicle repair facilities have to be at least 350 feet away from residential property for no particular reason, it could have been 200 feet away. Would 500 feet away be better? Sometimes yes. Commissioner Trippler said Mike's RV on Frost Avenue dispenses LP, and behind his store is a residential area and he must be within 350 feet or less? Mr. Roberts said yes, staff guesses that was grandfathered in because Mike's RV has been there a long time, Staff believes there must be other fuel stations that are within the city that have similar setups. That doesn't necessarily make it right, but staff is sure they are in Maplewood as well as other cities. Commissioner Pearson said at the corner of Maryland and Century Avenue at the bait shop in Oakdale they sell LIP and that sits within 40 to 50 feet of the road and the strip mail and probably 70 feet from the bait shop itself. U-1 Planning Commission -8- Minutes of 05-01-07 Chairperson Fischer asked if that meets state requirements? Mr. Roberts said staff assumes that if they got their permit it meets the state requirements. Commissioner Walton said we need to lay out the alternatives here. We have the conditional use permit, we can change the setback from 350 feet to another number, or the commission can say no to this request, despite the city error in approving this tank permit. Chairperson Fischer said the commission has concerns about information they don't have this evening which may make a difference in how the commission votes on this. Commissioner Yarwood said maybe we should table this for more information. Chairperson Fischer asked staff when this is due to go to the city council? Mr. Roberts said there is no 60 day deadline because this was owner and staff initiated. If the commission wanted to table this for more information they can do so. Commissioner Trippler requested to table this item so that more information could be gathered from the fire marshal regarding what the implications would be on a total failure of the tank, and whether or not a concrete barrier of some sort would protect 1071 County Road B East from a blast. The commission needs more information on these things before making a recommendation to the city council. Commissioner Hess said we should also be looking at the fuel storage underground gasoline storage vessels with the fire marshal to see which of the two pose more of a threat? Is it the underground gasoline storage or the LP propane tank or both? He would like to get a resolution on that as well, Commissioner Trippler moved to table the conditional use permit revision for the existing motor fuel station and for a LP (liquid propane) distribution facility on the property at 2228 Maplewood Drive. Commissioner Yarwood seconded. Ayes — Fischer, Hess, Pearson, Trippler, Yarwood, Walton The motion to table passed. Commissioner Yarwood said it would be nice in the future to have background information on the storage of flammable or explosive liquids on these sites and how they are approached from a safety view. 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I M M� M D ispensing stations are a conve- nient fueling source for residen- tial and business users of propane gas, and they can be a good source of revenue and increased traffic for the retailer. Proper dispensing of propane is important for its safe and efficient use. Attention to training of operators and adherence to proper filling procedures enhances the safe opera- tion of the dispenser station. a k Who Should Read This Manual This manual was developed as a training guide to aid personnel who transfer propane from dispenser equipment to cylinders and portable ASME tanks. Whether you work at an industrial location, convenience store, hardware store, gasoline station or rental equipment company, this manual contains important informa- tion that can help make your job easier and safer. Pay close attention to the contents of this manual — it was developed especially for you. MUMIMIrt AmerlGas personnel a Will train and certify the owner/ manager to operate the dispensing station using the Certification of Instruction for Filling LP-Gas Contain- ers (See Appendix); - Will help train additional employ- ees on how to operate the dispensing equipment, if requested; and a Will make available to the owner/manager other useful training material, as appropriate. - Will ensure that all operators follow the proper filling procedures and safety practices outlined in this booklet. * Will never permit untrained personnel to transfer propane; and - Will provide personal protective equipment as needed to employees, as described in this booklet. The owner/manager a Will make this booklet and related materials available to all persons who will operate the dispens- ing equipment ("operators"); - Will teach operators how to fill containers using this booklet, includ- ing the summary steps in "Summary Procedures for Filling LP Gas Con- tainers," printed on the reverse side of the Certification of Instruction and on the back cover of this booklet. The trainee must demonstrate to the trainer the proper procedure for filling a cylinder at least three times before being certified; - Will complete and maintain on file the Certification of Instruction for each employee who will operate the dispensing equipment; 1 40 Ll L isted below are some of the properties of propane of which you should be aware. For more detailed information, see the Material Safety Data Sheet in the Appendix. Phyjqcal Characteristics Propane is a colorless, naturally odorless, nontoxic gas which is stored, transported and transferred from one container to another as a liquid under pressure. The liquid is then vaporized and burned as a gas. Propane is flammable and, under very specific circumstances, can explode. Always control ignition sources around propane storage and dispensing equipment. Boiling Point Propane will vaporize or "boil" at any temperature above -44 °F. The white mist that appears when liquid pro- panels released to the atmosphere (such as coming from the fixed liquid level or outage gauge when the container is at its proper filling level) is moisture particles in the air being frozen by the -44 °F temperature produced when the liquid vaporizes. Evansgan From Hquid to Vapos When liquid propane is released into the atmosphere it vaporizes and rapidly expands to 270 times its original volume. Extremely cold temperatures are produced at this point of release. Always protect yourself from the hazards of frostbite. The pressure in a propane container varies proportionally with the temp- erature of the propane, which is affected by the outside temperature. The warmer the liquid temperature, the greater the pressure inside the container = Pounds per souare inch LIQUID PROPANE EXPANDS RAPIDLY WHEN THE PRESSURE IS RELEASED. WHEN RELEASED INTO THE ATMOSPHERE, ONE UNIT OF LIQUID PROPANE WILL EXPAND TO 270 TIMES ITS ORIGINAL VOLUME. (ILLUSTRATION NOT TO SCALE) D41 2 41 ; 40-4 510- _1 r OV, Properties of Propane BECAUSE PROPANE EXPANDS AND CONTRACTS WITH TEMPERATURE CHANGES, IT IS IMPORTANT TO NEVER FILL A TANK OR CYLINDER' BEYOND 80% FULL. E EIN Expansion and Contraction Liquid propane inside a container eXpands and contracts with tempera- ture changes. When the temperature increases, the liquid expands inside the container. This is why propane containers are filled to only 80% of their capacity, providing space for the liquid to safely expand. Weight of Gas Propane vapor is 1.5 times heavier than air, therefore when it is released, it will tend to settle in low areas. Liquid Weight A gallon of liquid propane weighs 4.24 pounds at 60 This is approxi- mately half the weight of water, Odor Propane has no smell in its natural state. Always be sensitive to the slightest gas smell. Learn to recog- nize the odor of propane gas. A strong odorant is added to propane to aid in the detection of leaks. The owner/manager should ensure that all operators are familiar with this odor. 42 3 % M IMPORTANT SAFETY NOTE: THU OWNER MANAGER OF THE DISPENSING STATION SHOULD ALLOW ONLY PROPERLY TRAINED AND CERTIFIED PERSONS TO OPERATE THE DISPENSING STATION. 0 my containers designed and approved for propane storage shall be filled by the dispenser operator. All propane containers are equipped with at least one spring- loaded safety relief valve. Safety relief valves are designed to open when the pressure inside the con- tainer reaches an unacceptable level. Extremely high temperatures and overfilling are the primary reasons why relief valves open. It must be understood that when a relief valve opens, it discharges flammable propane into the air. Overfill Protection Device (CPC?) equipped cylinders are now required for all DOT cylinders 4 to 40 pound capacity, according to NFPA #58 LP-Gas Code, 2001 Edition. Lift truck cylinders, floor mainte- nance cylinders and those cylinders identified and used for industrial weld- ing and cutting gases are exempt from the OPID requirement. OPD valves are intended to be a secondary means to protect against the overfilling of cylinders. The pri- mary method is filling by weight using a certified scale. DOT (OCC) Cyfinders These are generally portable, upright containers, such as those used on gas grills, camping equipment or attached to recreational vehicles. Cylinders attached to recreational vehicles are to be removed for filling. Cylinders generally have a single valve on the top which is used for filling and includes the safety relief valve. Every cylinder valve must be protected from damage by a cap or collar. Permanently Mounted ASME Tanks These containers are permanently mounted on the vehicle. they are typically ASME (American Society of Mechanical Engineers) specification tanks. They have up to 5 openings, including the filter valve, safety relief valve, service valve, fixed liquid level gauge and magnetic float gauge. E'11�311 43 PERMAMENTIN, MOUNTED ASME TANK FOR 41 LB AND LARGER CYLINDERS FOR 4 LB To 40 LB CYLINDERS Precautions IMPORTANT SAFETY NOTE: NFPA 58 REQUIRES AT LEAST ONE FIRE EXTINGUISHER AT THE FILLING SITE, READILY AVAILABLE IN CASE OF A FIRE. IT MUST BE AT LEAST I<8 LB. DRY CHEMICAL WITH A 8:C RATING * Gloves suitable for propane (seamless rubber/vinyl type) must be used when filling propane containers. a AmeriGas recommends the use of safety glasses with side shields. -Always ensure the main liquid outlet valve in the bulk storage tank is open before turning on the pump. - When filling containers, do not stand in front of a safety relief valve. *When inspecting a safety relief valve, do not look directly into it. Wear safety glasses and use a mirror to inspect it. * NFPA 58 requires at least one fire extinguisher at the filling site, readily available in case of a fire. It must be at least 18 lb. dry chemical with a B:C rating, and serviced at least annually by a fire extinguisher servicing company. - The delivery hose should be properly supported to protect from abrasion, and oThe hose nozzle should be plugged or capped when not in use. * The area around the filling location must be kept clean and free from combustibles, i.e. flammable liquids, weeds, or trash. - The bulk storage tank is to be shut off when not in use and after hours. Gates and doors should be locked after hours. - The precaution against open flames in vehicles with mounted tanks also applies to vehicles bring- ing cylinders for filling. Extinguish all sources of ignition within 25 feet of the point of transfer. - Your station should be in- spected frequently for unsafe or potentially unsafe conditions, i.e. worn or damaged hose; leaks and apparent leaks (oil stains at connec- tions, propane odor); strained piping; broken valve handles; loose or broken emergency cables. Have these repaired immediately. Be particularly alert for leaks. All leaks should be considered hazardous. - If a container must be emptied for repair or because of a leak, much of the liquid propane can be trans- ferred to another purged container by using a simple gravity transfer hose (see your AmeriGas supplier), then exhaust the residual vapor through the vent stack. Establish a standard procedure with your AmeriGas supplier for the handling of leaking containers. o If you replace a cylinder service valve, make sure that you reinstall the replacement valve with the correct length of dip tube. N 14 44 M" Propane Leaks We hope that you never have to exercise the following emergency measures; however, we feel it is our responsibility to make you aware of them. Consult your company's poli- cies and procedures for additional information. Response for vapor and liquid leaks are generally the same. A liquid leak means that when the liquid vaporizes into the air you will have a much greater amount of vapor to contend with -- 270 times as much. What to do if Gas Leaks The following are the primary objec- tives in handling a gas leak: 1. Evacuate employees and customers, as necessary. 2. Call for assistance a your local Fire Department (write in number) - your local AmeriGas office (write in number) Perform as much of the following as you can without endangering yourself or others: 3. Close a valve upstream of the leak to stop the flow of gas. 4. Eliminate ignition points - turn off all flames and pilots on appliances or equipment; - do not turn any electrical switches in the area on or off; ,-, prevent vehicles from starting up or entering the area; o stop traffic if the vapor cloud drifts toward a roadway. 5. Evacuate upwind from the leak. What to do If a Gas Leak Ignites 1. Evacuate employees and customers. 2. Call for assistance a your local Fire Department Perform as much of the following as you can without endangering yourself or others: 3. Do not attempt to put out the gas fire until the leak has been stopped, such as turning off a valve upstream of the leak. Any remaining material fires can be put out with a fire extinguisher. 4. Keep the top of the propane storage container cool with water spray, Uqugd Burns For minor liquid bums, treat with first aid as you would heat-related burns. Consult with your doctor for instruc- PROCFOURF FOR SHUTTING OFF tions on treatment. PROPANE SUPPLY. 45 15 IMPORTANT SAFETY NOTE. IN THE EVENT OF A LM(, (write in number) EVACUATE EMPLOYEE AND your local AmeriGas office CUSTOMERS, AS NECESSARY, THEN CALL THE FIRE DEPARTMENT AND AmERIGAS FOR ASSISTANCE. (write in number) Perform as much of the following as you can without endangering yourself or others: 3. Do not attempt to put out the gas fire until the leak has been stopped, such as turning off a valve upstream of the leak. Any remaining material fires can be put out with a fire extinguisher. 4. Keep the top of the propane storage container cool with water spray, Uqugd Burns For minor liquid bums, treat with first aid as you would heat-related burns. Consult with your doctor for instruc- PROCFOURF FOR SHUTTING OFF tions on treatment. PROPANE SUPPLY. 45 15 1. Propane is stored as a liquid or gas- under pressure. (circle one) 2. Propane is: a. non-toxic b. a vapor or liquid c, flammable d. all of the above 3. Propane is to help warn of its presence. a. dyed b. treated with ammonia c, odorized d, none of the above 4, Propane liquid expands approximately — times when changing from liquid to vapor. a. 100 b.200 c.270 d.370 5. Propane liquid can freeze bum the skin. true or false (circle one) 6. Cylinders should always be inspected to ensure that they are within the requallification time period. true or false 7. Prior to filling, cylinders should sometimes/ ' al_ ways (circle one) be inspected for excessive rust, corrosion, deep dents, gouges and other problems that could render it unsafe, 8. What area of a cylinder is most likely to be affected by rust and corrosion? a. side wall b. top c. bottom d. valves and fittings 9. What cylinders should be purged? a, new cylinders b. old cylinders with an open service valve c. every cylinder d, both a and b 10. Only properly trained personnel should operate propane dispensers. true or false 11. When filling a cylinder by weight, you obtain the maximum weight of propane that can go into a cylinder by multiplying the Water Capacity (WC) of the cylinder by —. a. 4.2 b. .58 c. .42 d. 270 12. Gloves that are resistant to the action of propane liquid should always be worn by the operator of the dispenser. true or false 13. When filling a cylinder using the volumetric method, the cylinder must be equipped with a(n) _. a. overfill protection device b. fixed liquid level gauge c. magnetic float gauge d. liquid withdrawal connection 14. A 20 lb. cylinder must be fitted with a in the service valve outlet prior to transportation. a. plug or cap b. regulator c. decal d. connector 15. Propane cylinders should only be purged with a. propane vapor b, propane liquid c. methanol d. gasoline 16. An overfilled cylinder may be released to a customer as long as the cylinder is hooked up immediately to the appliance when the customer arrives home. true or false 17. When the safe fill level of a tank or cylinder has been reached, the operator should immediately shut-off the flow of propane into the container, true or false 18. The operator of a propane dispenser should: a. always remain in attendance during a filling operation b. always inspect the dispenser prior to use c. always secure the dispenser after use d. all of the above 19. Cylinders should always be secured prior to transport. true or false 20. Should an uncontrolled leak occur at a dispenser, the operator should take the following steps a. evacuate employees and bystanders b. close upstream valves, if possible c. eliminate ignition sources d. call for assistance e, all of the above ANswas FouND ON THE BOTTOM OF PAGE 23 El i's 46 Attachment 10 WHEREAS, Mr. Roger Logan, representing the Keller Lake Convenience Store, requested a revision to8 conditional use permit (CUP)to expand 8 nonconforming use. WHEREAS, this permit applies to property at2228 Maplewood Drive. WHEREAS, the legal description of the property is: The South 100 feet [f the part 0f the SE SVV lying easterly nfl[HM1 and lying north of County Road Bin Section 8 Township 29. Range 22. Ramsey County, Minnesota. (PIN 00-2S- 22-34-0UU2) WHEREAS, the history of this conditional use permit revision is 83 fo||uvvS: 1. C}n May 1.20U7. 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 b] speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning CO00iSSiOn tabled action On this matter to @||mw staff tO find more information. 2. On June 5, 2007, the planning commission continued their review and discussion of this matter. The planning commission gave persons ak the meeting a chance bJ 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 USR permit revision. 3. On July 9, 2007, the city council discussed the proposed conditional use permit revision. 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 revision, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use vvOU|d not involve any activity, p[OCGSS. nl8t9r8|s equipment or nlRthOdS Of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because 0f excessive noise, glare, smoke, dust, odor, fumes, water or air p0||ution, dr8inoge, water nJn-off, vibration, general unsightliness, 8|8[tric8| interference or other nuisances. 5. The use would generate only rDininl@| vehicular traffic OO |OC@| Stn88tS and vvOuN not create traffic congestion or unsafe access on existing or proposed streets. 8. 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 p8nmS. 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 f8otun8S into the development design. 0. The use would cause minimal adverse environmental effects. Approval is subject LV the following conditions: is appFeved by thG City's GOMMURity DeGigR Review Beapd. A GOPY Of this plaR shall be A 1 . All construction and activities on the site shall follow the site and promect plans as approved by the city. City staff may approve minor changes to these plans and the city council must approve mamor changes to the approved plans. 2 The site shall be kept free ef Fubble, jURk, jURk Gar-s and pai4s and debFis. NeRpaved aFea& 2. The owner or operator shall keep the property free of junk, unk or inoperable motor vehicles and debris and they shall keep the non-paved areas planted with grass and mowed on a regular basis. 4. TheFe shall be Re light OF glaFe GRtG the home to the east. 3. The owner or operator shall ensure that there is no light or light glare from the site on the residential property to the east. If the owner or operator wants to add lights or make any changes to the exterior lighting on the site, they shall submit to the city a detailed site-lighting plan that includes fixture design, pole heights and light-spread intensities at residential lot lines. This plan shall ensure that residential neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's lighting ordinance. The owner or operator shall submit this plan to the citV for staff approval. 4. The owner or operator shall ensure that anV sound from exterior speakers is not audible at the easterly property line of the site. 5. There shall be no motor fuel, propane or other deliveries to the site between 10:00 PM and. 7. The owner or applicant maintain a screening fence that is at least six-feet-tall and 100 percent opaque around the east and north sides of the Property. The owner shall maintain and repair the fence so that it remains in good condition and so it is 100 percent opaque. 8. The hours operation for the store and business shall be limited to the hours between 6:00 AM and 11:00 PM. 9. The city council shall review this permit revision in one Vear. The Maplewood City Council approved this resolution nn 2007. 10 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 5, 2007 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 8:00 p.m. 11. ROLL CALL Vice-Chairperson Tushar Desai Present Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Absent Commissioner Jeremy Yarwood Present Staff Present: VI. NEW BUSINESS None. Ken Roberts, Planner Lisa Kroll, Recording Secretary VII. UNFINISHED BUSINESS Conditional Use Permit Revision — Keller Lake Convenience Store (2228 Maplewood Drive) Mr. Roberts said Roger Logan, the owner of the Keller Lake Convenience store, is proposing a revision to the conditional use permit (CUP) for the property at 2228 Maplewood Drive. This permit allows a motor fuel station to be within 350 feet of a residential zoning district. The proposed revision to this permit is for the expansion of a nonconforming use. This station is nonconforming because it is within 350 feet of a residential property. The proposed permit revision is necessary to allow the LP (liquid propane) retail dispensing facility that is on the property to remain on the site. The city approved a permit for the installation of the LP dispensing facility about one year ago. The contractor installed the tank about 15 feet from the east property line of the site (exceeding the ten-foot setback requirement of the state fire code). Unfortunately, the city issued the permit for the tank in error since the city code requires the owners or contractors that install such tanks to usually keep them at least 350 feet from a residential property. City staff is working with the owner/operator of the store, Mr. Logan, to resolve this matter. Mr. Roberts said on May 1, 2007, the planning commission first reviewed this proposal. The planning commission, after much discussion, tabled this matter to allow staff to research several questions. These included safety and setback standards for propane dispensing facilities. After the May 1, 2007, planning commission meeting, staff sent seven questions to the Fire Marshal, Assistant Fire Chief, Butch Gervais, and his answer is in bold below the question. Planning Commission -2- Minutes of 06-05-07 What would likely happen if the tank developed a leak? Where would the propane go? What safety features does that tank have to help minimize the risks to the neighbors? Propane is heavier than air so it would stay low and can be controlled with water spray. What could cause a tank like that one to explode? How often, if ever, do such commercial LP tanks explode? If it did explode, what might happen? If there was heavy fire impinging and relief valves did not work containers can act like a rocket. Is it necessary or even practical to have a concrete safety barrier or wall installed on the east side of the tank (to help protect the house that is about 133 feet to the east of the tank)? I don't believe it would be necessary. Are there state or federal codes or safety standards for the installation and operation of such tanks that you could provide to me that I could share with the PC and with the City Council? Butch Gervais gave the attached information to staff to include in the staff report for the commission and council. How is the safety or risk level of this tank compared to other hazards in the world — fires, ca accidents, accidents in the home, etc? There is a risk with everything but I see no big issue with this tank. Bottom Line — is this a safe place for the tank and does this installation pose much risk for the homes to the east? I feel everything should be okay. Also, does it matter where the underground fuel tanks for the station are on that site and does their location pose any special concern on this property? I am not aware of any concerns. Commissioner Hess said based on the guidelines researched by staff for the various cities, Oakdale has a 50-foot setback from a residential zoning boundary, Woodbury has a 110 -foot setback, Roseville has a 60-foot setback from the front property line, a 40-foot setback from the property line and a 100 -foot setback from the rear property line. White Bear Lake and Inver Grove Heights do not have a setback and Stillwater follows the state requirements. Commissioner Hess wondered if the 350-foot setback for Maplewood seemed unrealistic and should the city take a look at modifying that setback after knowing what other municipalities use as the setback? Mr. Roberts said that would be a good discussion point for the commission. There are two different setbacks to keep in mind. One is the setback of a similar LP facility from a property line on commercial property and secondly, the setback for the same facility from an adjacent residential structure. Planning Commission -3- Minutes of 06 -05 -07 Commissioner Hess said one of the caveats might be the size of the LP tank itself and how it's implemented, whether it's an above or below ground tank. Mr. Roberts said if you want to request that the city council consider a code amendment, the planning commission could make that a separate motion. If the commission has some details they want staff to look into as part of that, the commission could include that in the motion. Commissioner Hess said that's the direction he's heading towards to see if the city council wants to reconsider the 350 -foot setback. Commissioner Trippler said that was the direction he was going as well. It seemed that the only reason the commission is hearing this item is that the applicant was granted a permit from the city that shouldn't have been approved based on the setback ordinance. However, if the city had a 100 -foot setback instead of a 350 -foot setback, then this would not be an issue. Mr. Roberts said that would depend on how the city defines the 100 -foot setback. If the 100 -foot setback is to the structure, then yes, if the 100 -foot setback is to the property line, then no. Commissioner Trippler said based on the information that staff had provided and looking at the data regarding what the setbacks are for LP tanks throughout the state. He said he doesn't like supporting a variance when the ordinance doesn't make sense and in his opinion that is where this is right now. The city has an ordinance that doesn't seem to fit the data compared to what other municipalities are doing. Rather than issuing a variance he said he would rather see the city council change the ordinance to make the ordinance meaningful. He thinks that it's important that people see ordinances as being applicable and meaningful and not just something the city council passed just because they can, because if that happens, people tend to ignore the ordinances then. Chairperson Fischer said when this item was discussed last time, staff referred to the 350 -foot setback as a commonly used factor in some of the city's ordinances. She asked if the city has other ordinances that have 350 -foot setbacks as the limiting factor that should be looked at in view of today's conditions? Mr. Roberts said besides the current LP tank requirement there is the 350 -foot setback for a motor fuel station and an auto maintenance facility cannot be within 350 feet of residential. The 350 -foot setback was put in about 1992. The concern with motor fuel stations and maintenance garages was for potential noise from air tools and the possibility of fuel tank fumes that could affect nearby residential. The city council thought at the time if there was a separation between residential that would minimize any negative affects on nearby residences. Staff didn't know why LP tanks were included in 1992, but it was. The record isn't very clear. There may be other uses that require a 350 -foot setback as well. Chairperson Fischer asked if it was possible that the city didn't know about or think about other setbacks when the ordinances were written that could now fall under an area of concern and should be less than the 350 -feet setback? Planning Commission -4- Minutes of 06-05-07 Mr. Roberts said things are always changing. At one time the city didn't have an ordinance for cell phone towers so when cell phones became popular the city had to write a new ordinance for the installation of cell phone towers. Things change, habits change, people change, and the city has to amend the ordinances on a regular basis to keep up with the changing times. Commissioner Pearson said he feels the 350-foot setback should not be applied to this LIP tank, it doesn't fit and it's overkill, but he feels the 350-foot setback ordinance was a part of the commercial property study to prevent encroachment on R-1 neighborhoods. So, before the city council would change that 350-foot setback, the city may want to review the ordinance and see what the affect is since the city passed the ordinance to prevent encroachment on R-1 neighborhoods. Mr. Roberts said that would be a big study to do. Commissioner Yarwood said he appreciated the information that the staff put together in the staff report which was very helpful. He said he felt more comfortable with this after seeing what other cities are doing. One issue is the safety of LIP tanks, and the second issue is the aesthetics of LP tanks. Commissioner Yarwood said propane tanks are more common in rural areas and not so common in residential areas of the city. He too would rather see the ordinance changed. When the ordinance is changed the city needs to keep in mind the safety aspects, but also the value of the home. Commissioner Trippler said it would've been nice to have the fire marshal here because the in the material it states that a complete failure of the tank, which would be an explosion of the tank, is highly unlikely, because of the valves that are built in to release the pressure before that happens but he would have liked to ask the fire marshal what the impact of an explosion would have been. Mr. Roberts said Butch Gervais, Fire Marshal, Assistant Fire Chief, planned to be here after his meeting at 7:00 p.m. at the fire station. Staff had hoped he would be here between 8:15 and 8:30 p.m. If the commission has the information they needed to vote on they could do that as well. Commissioner Trippler said he believes he has all the information he needs. Commissioner Desai asked if the commission were to turn this recommendation down and ask for an amendment change, how long is the process in terms of getting an amendment change? Mr. Roberts said a lot of that would depend on the city council. City council may not take that direction; they may want staff to do something different. If this went to the city council and they said this looks like a good idea and gives this study to staff he guessed that would be at least a 60-to-90 day process by doing more research and bringing a proposed code amendment back to the commission for the review and then to the city council. Commissioner Desai asked if in the mean time this LIP tank permit would continue to operate as is? Mr. Roberts said yes. Planning Commission -5- Minutes of 06-05-07 Commissioner Trippler moved to adopt the resolution starting on page 38 (attachment 9) of the staff report. This resolution approves a conditional use permit revision for the existing motor fuel station and for a LP (liquid propane) distribution facility on the property at 2228 Maplewood Drive. The city bases the approval of the permit revision on the findings required by the code. This permit shall be subject to the following conditions (the deletions are crossed out, new conditions are underlined and any additions are in bold and underlined): 1. The planning commission recommended that the city council ask staff to revise the city ordinance that allows LP tanks 350 feet from a residential lot line and thus dropped the recommended condition number 1. 101 2. The owner or operator shall keep the property free of junk, or inoperable motor vehicles and debris and they shall keep the non-paved areas planted with grass and mowed on a regular basis. 3. The owner or operator shall ensure that there is no light or light glare from the site on the residential Property to the east. If the owner or operator wants to add lights, or make any changes to the exterior lighting on the site, they shall submit to the city a detailed site - lighting plan that includes fixture design, pole heights and light-spread intensities at residential lot lines. This plan shall ensure that residential neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's lighting ordinance. The owner or operator shall submit this plan to the city for staff approval. 4. The owner or operator shall ensure that any sound from exterior speakers is not audible at the easterly Property line of the site. 5. There shall be no motor fuel, propane or other deliveries to the site between 10:00 p.m. and 7:00 a.m. 6. The owner or applicant shall maintain a screening fence that is at least six-feet tall and 100 percent opaque around the east and north sides of the property. The owner shall maintain and repair the fence so that it remains in good condition and so it is 100 percent opaque. 7. The hours of ooeration for the store and business shall be limited to the hours between 6:00 MIMES Planning Commission -6- Minutes of 06-05-07 8. The city council shall review this permit revision in one year. Commissioner Yarwood seconded. Ayes — Desai, Fischer, Hess, Pearson, Trippler, Yarwood 111111MR61WOMM10=52 ill This item will be heard by the city council June 25, 2007, or July 9, 2007. Together We Can CITY OF MAPLEWOOD 1830 COUNTY ROAD B EAST MAPLEWOOD MN 55109 651.249.2300 FAX: 651.249.2319 Permit # : BL -06 -08095 Date Issued: 02127/2006 Receipt # : 00008668 Address PIN Permit Type Property Type Construction Type Activity Valuation 2228 MAPLEWOOD DR N 092922340002 Tank Permit Commercial 000 Out of scope - NA 5300 Propane Tank Install (Propane Dispenser) Keller Lake Conv Store Planning: OK KR Subject to all plan review comments. Subject to requirements of the fire marshal. It is the responsibility of the applicant to meet EPA requirements to verify soils. Protect property at all times. Tanis shall be inspected once installed and any manufacturer's specs shall be followed. Call Butch Gervais at 651.249.2804 for inspection. Inspection card must be posted on site. Contractor shall be licensed to install propane tank and shall follow installation rules per -NFPA 58. BGervais 2 -22 -06 Owner ROGERLOGAN 2228 MAPLEWOOD DR N MAPLEWOOD, MN 55109 AMERIGAS 7411 HWY 10 W ANOKA, MN 55303 (763) 427 -6664 (763) 427 -6664 Applicant AGREEMENT AND SWORN STATEMENT 1 agree that the work for which this permit is issued shall be performed according to: (1) tine conditions o£t his permit; (2) the approved plans and specifications; (3) the applicable city approvals, ordinances and codes; and, (4) the state building code. This permit is for only the work described and does not grant permission for additional or related work that requires separate permits. This permit will expire and become null and void if work is not started within 130 days, or if work is suspended or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requeste conformance with the state but irtg` e, Applican Date: _ 2. ti` C) FEES Surtax Fee 2.65 Commercial Plan Check Fee 86.29 Building Permit Fee 132.75 TOTAL 221.69 } SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE Agenda Item L3 TO: Greg Copeland, City Manager FROM: Charles Ahi Director of Public Works/City Engineer SUBJECT: Carver Avenue Water Main Extension, City Project 07-17" Resolution Receiving Petition and Ordering Preparation of Preliminary Report DATE: July 2.2007 Mr. Paul SCh|nnnka@t2511 Carver Avenue has 8 failing well and b; requesting consideration Ofthe extension 0f water main along Carver Avenue ho service the property. Council approval to receive the request as S petition and authorizing the preparation of preliminary report to determine the feasibility of the extension Vf utilities iS necessary to proceed with this request. Background Attached is the letter from KUc Goh|ornka's attorney, llnoothv Cook. This pn}perty, while not in the KXOratOriUnn 8r8o is directly served by any utility extensions that may be extended for property within the Moratorium. Mr. Cook's n]f8pen08 to 8 future utility extension is U9|i8v8d to be in n]f8nenC8 to Jamie J8n88n'S property Vnthe south side of Carver Avenue that is within the Moratorium area. Any extension of the water main should be studied to S8n/iQ8 all future pnDp8di8S. A preliminary study is necessary to determine the feasibility Of the work. Past Council actions have required property owners tO pay the cost 0f these preliminary studies. We 8Etinn8Le the cost of this study of the feasibility of the extension to be $5,000 and vve are recommending that Mr. Sch|VnnkG provide this amount 8SGn escrow io assure that the costs are paid, should Mr. Goh|onok8 determine that he is not prepared to proceed with an improvement project. |fa project isopppoved8ndinst8||ed.theo0Stofthepre|innin8rystudyvvou|dbeap jeotonst8saeasedtO benefiting property and the escrow would b8 returned LVMr. SCh|Onnk8. An additional scope of work that will be included within the study, will be: given that the reason cited for this utility extension request is MN [JRDt. Of Health, Well Division, GCtk]O regarding K8[ SCh|O[nk8's well; vvS will request the Department of Health's ond8rs, test n8sV|Ls and /or correspondence driving this request. It is recommended that the City 8UBnnot [0 d9L8rnnin8 if there are other wells in this area similarly affected or that one being monitored by the Department Of Health. RECOMMENDATION It is recommended that council approve the attached resolution which receives the request OfMr. Paul Sch|onlk8 at 2511 Carver Avenue for the extension of water service and authorizes the preparation of preliminary report under the direction of the City Engineer, subject to the receipt of a $5,000 cash escrow from Mr. Sch|onnka. Attachment: 1. Resolution Receiving Request and Authorizing Preliminary Report 2. Project Location Map a. Request Letter from Timothy Cook IV» to] Wei 9[Qi,l WHEREAS, Mr. Paul Schlomka of 2511 Carver Avenue has requested consideration of the extension of water service to serve his property by a formal request through his attorney, and WHEREAS, it is proposed to make water service improvements to Carver Avenue at Sterling Street, City Project 07 -17, 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, the preparation of this study is contingent upon Mr. Schlomka establishing a $5,000 cash escrow to assure the payment of costs for the preparation of the preliminary report. Said escrow shall be returned to Mr. Schlomka if the proposed improvements are ordered to construction. c l ; JR it W 4 � � n rl v Lam. c) a� t C J U U u � — — ----------- -- - \ .................. J r - IUL- n v . j____ ATTORNEYS AT 1_.AVV 7301 OHMS LANE, SMTE 360 MINNEAPOLIS, M:N 55439 TELEPHONE (952) 844 -9033 1' ACSIMILE (952 8 44 -0114 DAVID D. HAMMARGREN PAUL T. MEYER TIMOTHY C. COOK BRENDA N. SAURO JENNffER A. THOMPSON ANTHONY W. THOMPSON t LICENSED PROFESSIONAL ENGINEER VIA U.S.IL L June 6, 2007 Greg Copeland Maplewood City Manager 1830 County Road B East Maplewood., MN 55109 Chuck Ahl Maplewood Public Works Director 1830 County Road B East Maplewood, MN 55109 VVMA'.HAMMAR - 0A'.CL)M Writer's direct dial (952) 224 -2923 Writer's e -mail tirn@hm=rlaw.com RE: My Client: Paul Schlomka, 2511 Carver Avenue, REQUEST FOR EXTENSION OF QTY WATER SERVICE TO SCHLOMKA RESIDENCE AND ADJOINING AREAS Dear City Manager Copeland and Public Works Director AI This office represents Mr. Paul Schlomka, a City of Maplewood resident residing at 2511 Carver Avenue in Maplewood, Minnesota. Because of ongoing issues with the Minnesota Depament of Health -Well Division, Mr. Schlomka is faced with the possibility of having to cap an existing Nell, and drill a new well, a parent to Mr. Schlomka t substantial expense to him. However, it is also ap and other Carver Avenue residents that City-water service will soon be extended to the front of Mr. Schlomka's property; and further to the east in the immediate future. This will likely be done for various reasons, including, but not limited to, the need to service a planned development directlyto the south of Mr. Schlornka's property. Mr. Schlomka has taken the position with the Department of Health that it would be economic waste to require him to drill a new well, only to have him also be assessed for CityvTater service when it is scheduled and installed. The distance that Mr. Schlomka would need to traverse now in order to connect to City water is substantial. Hooking to existing services would involve substantial additional work and cost, and other potentially complex logistics. We have been advised through several private sources that the City in fact does intend to extend water service to the east on Carver Avenue. We have also been told that the Cityhas been waiting on someone to make that formal request. The purpose of this letter is to make formal request, on Mr. Schlomka's behalf, that the City in f act extend water service from its presently-terinlnated point on Carver Avenue to the east to locations reasonably determined by the City but, in any event, to a location that will service Mr. Schlomka's property. Page 2 Greg Copeland /Chuck AE Jame 6, 2007 Time is of the essence. We are hopeful that the City can and will confirm its intent to extend the water service, and that such work be accomplished by the end of the year. If that is not possible, we will appreciate if you would provide us with a firm time table as to performance and completion of the -, �Tork We would also Like a determination as to the basis upon which - Mn Schlomka and others would be assessed, u at all, for the installation of such service. We look forward to hearing from you. Mr. Schlomka reserves his light to withdraw this formal est f or extension of City water service in the future prior to any confirmation of the City's agree ent to perform the same. Very uours, T thy C. Co k TCC/ dr cc: Paul Sclllomka Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Erin Laberee, Assistant City Engineer Jon Jarosch, Civil Engineer 1 SUBJECT: Ferndale-Geranium Area Street Improvements, City Project 07-14 Resolution Accepting Report, Authorizing Plans and Specifications and Calling for Public Hearing DATE: June 29, 2007 The feasibility study for the Ferndale-Geranium Area Street Improvements has been completed by the city's engineering consultant, SEH Inc. and will be provided to the city council on July 9th. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study, authorizing the preparation of plans and specifications and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. Street improvement for this neighborhood was listed on the city's capital improvements project plan for reconstruction in 2008. The project has been moved forward for reconstruction in 2007 due to the low bid prices the city received on the Desoto Skillman, Carmax/Mogren, and Brookview Street Improvement projects. The proposed improvements include complete street and subgrade reconstruction on all streets. The replacement of curb is proposed to be limited to deteriorated sections only on the majority of the project. New curbing is proposed along Geranium Avenue between Ferndale Street and Century Avenue. High groundwater has been identified in most of the project area resulting in the need for additional subgrade corrections and drain-tile systems. There is an existing storm sewer system throughout most of the project area which is in fair condition. Additional storm sewer is proposed to alleviate drainage problems in portions of the project, specifically on Geranium Avenue east of Ferndale Street. The addition of sumped manholes prior to the outlets into the pond along Maryland Avenue will aid in reducing the amount of sediment entering the ponding system. The reduction in discharge of sediment in the City is one of the main requirements of the City under the Non-Degradation Plan. The Non-degradation Plan is one of the key components of the City's NPDES Permit. Several areas of sanitary sewer repairs will be made along with repairs to residential sanitary sewer and water main services. New watermain is proposed to service Geranium Avenue east of Ferndale Street. This area is currently on wells. Residents will also have the option to reconstruct their entire driveway as part of the project. Agenda Item L4 A notification letter has been sent out to residents iD the project 8r8ast8tin0their neighborhood iSplanned for reconstruction late this summer. A neighborhood meeting is schedule for July 1 9th at 7:00 pm. The total project budget as reported in the feasibility study is $1.838/00. The project budget detailed in the city's Capital Improvement Plan is $1.570,000. The project financing iG shown below. VV8t9rnl8in does not currently exist on Geranium and is planned for construction. This cost was not factored into the CIP budget and iS the cause for the increase iD the proposed budget. \N8t8n0@in assessments and 8O increase inthe WAC fund to $60,000 are proposed to cover this additional cost. Due k} the aggressive schedule 0f this project, iLisn8c9Gs8ryk]8UthVriz8thHppep8r8Lk}nofo|8nS8nd specifications. U is recommended that council approve the budget below and authorize the city's consultant engineer, SEHto begin the preparation of the plans and specs. It is recommended that the city council approve the attached resolution accepting the report, authorizing the preparation Vf plans and specifications and calling for a public hearing for 7:O0p.nn. Monday, July 23rd, for the Ferndale-Geranium Area Street Improvement project. Attachments: 1, Resolution z Location Map 3. Executive Summary Proposed C|P Financing Source Amount Amount Street Assessments $ 431,100 $ 453,000 Storm Sewer Assessments $ 13,940 VV8t8[[n@inASS8Ss[nSDtS $ 09 Sanitary Sewer Utility Fund $ 82 $ 82 Environmental Utility Fund (EUF) $ 288.000 $ 288.000 VVACFundS $ 00.000 $ 42.500 SPRVVS $ 38.300 Driveway Replacement Program $ 25.480 W1GABVnds $ 255.000 $ 255,808 G. 0. Improvement Fund $ 431,800 $ 431,800 Total $ 1 $1 Due k} the aggressive schedule 0f this project, iLisn8c9Gs8ryk]8UthVriz8thHppep8r8Lk}nofo|8nS8nd specifications. U is recommended that council approve the budget below and authorize the city's consultant engineer, SEHto begin the preparation of the plans and specs. It is recommended that the city council approve the attached resolution accepting the report, authorizing the preparation Vf plans and specifications and calling for a public hearing for 7:O0p.nn. Monday, July 23rd, for the Ferndale-Geranium Area Street Improvement project. Attachments: 1, Resolution z Location Map 3. Executive Summary RESOLUTION WHEREAS, pursuant L0 resolution Cfthe c0Un[j| adopted June 11Lh,2OU7,8 report has been prepared by the city engineering division with reference to the improvement of Ferndale-Geranium Area Streets, City Project 07-14, and this report was received by the council on July 91h 2007,and WHEREAS, the report provides information regarding whether the proposed project isneceGsary. cost-effective, and feasible, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL {}FMAPLEVVOO[). 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 4298tan estimated total cost Vf the improvement of $1,038.400. 2. The city's COOSu|t8Dt. SEH Inc., is the designated engineer for this inlpnUv8nl8Ot and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation Of plans and specifications. A project bUdgetof$1.038.40OSh8||b8eat8b|iShed. The proposed financing plan is as follows: PnDp0S8d Financing Source Amount Street Assessments $ 431.100 Storm Sewer Assessments $ 13.940 VVoternn8inAsSeSSnoentS $ 08.700 Sanitary Sewer Utility Fund $ 02.800 Environmental Utility Fund (EUF) $ 288,008 VVACFVndG $ 00,000 8PF<VVS Driveway Replacement Program $ 25 W1SABonds $ 255 G. 0. Improvement Fund $ 431,800 Ynto| $ 1.038.400 4. A public hearing shall b8 held OOsuch proposed improvement 0O the 2v day Of July, 20O7 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. EAT LN SIN DR J 4"5 AVE. 1 ANTELOPE WAY 2 AMBERJACK LN 3 BEAVERDALE RD 4 BOBCAT LN 5 COUGAR LN AVE. oil 901"1 NIVA JNOLIA Geranium Park z A D U� U� U Lij 0 cn - i - a < 1-- z �O ------------------ = ' NO SCALE Ferndale—Gercnium, 07-1 Maplewood, Minnesota Proposed 2007 Construction D G �P�j U � D U� HAWTHORNE AVE. D G �P�j DATE: July 2,28O7 RE: City Project #07-l4 8EH No. AYW/\PLE071|.0U Summary of cost and cost recovery for the Ferndale-Geranium project inoefollows: Estimated Project Cost: Street Improvements: 1,282.820 Drainage Improvements: 219.630 Sanitary Sewer Improvements: 19.750 Water System Improvements: 118.200 Total Estimated Project Cost: 1.638.400 Estimated Project Cost Recovery: Street Assessments: 431 Storm Sewer Assessments: 13 VVabarmainAnsessmnents: 08 Sanitary Sewer Utility Fund: 02 Environmental Utility Fund: 288.000 VVACFunds: 00.000 K4SABnndn: 255.000 Driveway Replacement pnognono: 25.460 G.D.|mprovamant Fund: 431 Total: 1,638,400 Proposed Schedule: Receive feasibility study and order public hearing: 7/09/07 Public Hearing: 7/23/07 Order Improvement and authorize preparation of plans and specs: 7/23/07 Approve plans and specs and authorize advertisement for bids: 7/23/07 Bid date: 8/22/07 Assessment Hearing: 8/27/07 Accept bid and award contract: 8/27/07 If you have any questions, please call mest861.490.2OO1 Steve Agenda Item L5 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Lark I Prosperity Area Street Improvements, City Project 07-15 Resolution Accepting Report, Authorizing Plans and Specifications and Calling for Public Hearing DATE: June 29, 2007 INTRODUCTION The feasibility study for the Lark / Prosperity Area Street Improvements has been completed by the city's engineering consultant, Kimley Horn and Associates and will be provided to the city council on July 9th. An executive summary of the improvements and proposed financing is attached. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study, authorizing the preparation of plans and specifications and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. Street improvement for this neighborhood was listed on the city's capital improvements project plan for reconstruction in 2008. The project has been moved forward for reconstruction in 2007 due to the low bid prices the city received on the Desoto Skillman and Carmax/Mogren Street Improvement projects. The proposed improvements include complete street reconstruction with the addition of curb and gutter on all streets. The existing storm sewer system is very limited, new storm sewer is proposed to be constructed along with the addition of rainwater gardens to meet Ramsey Washington Watershed requirements. Several areas of sanitary sewer repairs will be made along with repairs to residential sanitary sewer and water main services. Residents will also have the option to reconstruct their entire driveway as part of the project. A notification letter has been sent out to residents in the project area stating their neighborhood is planned for reconstruction late this summer. A neighborhood meeting is schedule for July 10 at 7:00 pm. - 1111101 C14 The total project budget as reported in the feasibility study is $2,796,910. The project budget detailed in the city's Capital Improvement Plan is $2,820,000. The reason for the difference is the proposed assessments are less than what was anticipated in the CIP budget. Due to the aggressive schedule of this project, it is necessary to authorize the preparation of plans and specifications. It is recommended that council approve the budget below and authorize the city's consultant engineer, Kimley Horn and Associates to begin the preparation of the plans and specs. Agenda Item L5 Financing Source Proposed Amount QP Amount Street Assessments $ 721.200 $ 840.000 Storm Sewer Assessments $ 71.050 Sanitary Sewer Utility Fund $ 112.800 $ 112.800 Environmental Utility Fund /EUF\ $ 403.000 $ 403.000 VVACFundS $ 01,500 $ 81 SPRVVSFVnd $ 84,000 $ 84,800 Driveway Replacement Program $ 30.000 G. 0. Improvement Fund $1,312,100 $1,312,100 Total $2.780.810 $2.820,000 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report, authorizing the preparation nfplans and specifications and calling for a public hearing for 7:00 p.m. on Monday, July 23rd, for the Lark / Prosperity Area Street Improvements project. Attachments: 1. weoomunn 2. Location Ma 3. Executive Summary RESOLUTION WHEREAS, pursuant L0 resolution Cfthe c0Un[j| adopted June 11Lh,2OU7,8 report has been prepared by the city engineering division with reference to the improvement of Lark/Prosperity Area Streets, City Project 07-15, and this report was received by the council on July 91h 2007,and WHEREAS, the report provides information regarding whether the proposed project isneceGsary. cost-effective, and feasible, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL {}FMAPLEVVOO[). 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 4298tan estimated total cost Vf the improvement of $2,708.810. 2. The city's consultant, P{inl|8y Horn and Associates, iS the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making 0fsaid innpr0v8nn8nL 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation Vf plans and specifications. A project bVdQEtVf$2,700.01OGh8||U98St8b|iGhed. The proposed financing plan is as fo||VvvG: Proposed Financing Source Amount Street Assessments $ 721,260 Storm Sewer Assessments $ 71 Sanitary Sewer Utility Fund $ 112.800 Environmental Utility Fund (EUF) $ 403.080 VVACFVndG $ 81.500 8PF<VVS Fund $ 84.000 Driveway Replacement Program $ 30.000 G. 0. Improvement Fund $1,312,100 Total $2 4. A public hearing shall be held on such proposed improvement on the 23 d day of July, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. I ILJI cERVAis viEw AVE. CT. AVE, Knuckle Hecd Ecke C AVE, -) < I ARK c� - o Q cn Un W _I � Sherwood W RST o < W � _ C� 1 co. RD. > B 'E. BURK AVE. (J� As Community /E. 6 � 65 Center John Glenn 0 GATEWAY City Hall 0 w HARRIS AVE. Q ROSEWOOD AVE. N. z ROSEWOOD AV, AVE. S RAMSEY C 1 F1 r�y I ��. �P NUR AIR GR NO SCALE Lark — Prosperity, 07-15 Maplewood, Minnesota Proposed 2007 Construction CITY OF MAPLEWOOD LARK/PROSPERITY STREET IMPROVEMENTS CITY PROJECT 07 -15 EXECUTIVE SUIVAIIARY This Feasibility Study and Report has been prepared for the Lark /Prosperity Street Improvements, City Project 07 -15. The proposed project includes the reconstruction of the following streets: • Lark Avenue • Laurie Road • Sandhurst Avenue • Burke Avenue • Kennard Street • Flandrau Street • Prosperity Road The proposed improvements include the following: street reconstruction, subgrade correction, concrete curb and gutter installation, storm sewer improvements, sanitary sewer improvements, and watermain improvements. The estimated costs for the proposed improvements are detailed below. These costs include a 5% construction cost contingency and a 25% allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 1,960,810 Storm Sewer Improvements $ 539,100 Sanitary Sewer Improvements $ 204,000 Watermain Improvements $ 63,000 Driveway Replacement Program $ 30,000 Total Project Cost $ 2,796,910 The improvements are proposed to be financed through a combination of special assessments to benefiting properties and City of Maplewood funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financinq Source Amount Street Assessments $ 721,260 Storm Sewer Assessments $ 71,650 Sanitary Sewer Utility Fund $ 112,800 Environmental Utility Fund (EUF) $ 403,000 WAC Funds $ 61,500 SPRWS Fund $ 84,600 Driveway Replacement Program $ 30,000 G. O. Improvement Fund $ 1,312,100 Total $ 2,796,910 The following is8 proposed schedule for the project if the City Council votes LV proceed. Feasibility Report Accepted / Call Public Hearing / Authorize Preparation Vf Plans and Specifications Public Hearing /Approve Plans and Specifications / Preliminary Assessment RO|| h3 City Council Bid Opening Assessment Hearing / Award Contract Start Construction Substantial Completion Construction Complete July 0 July 23,2OO7 August 22,2OO7 August 27 September 10,2O07 December 7.2007 July 2008 Based upon the analysis completed as a part of this report, the proposed Lark/Prosperity Street Improvements, City Project O7-15or8f88Sb|S.nRCRsSory.@ndCUSt9ffGCtiv8.GDdvv0u|db8O8fitth8CitvOf Agenda Item L6 AGENDA REPORT TO: Greg Copeland, City Manager FROM: ChUck/\hl. Director Of Public Works/City Engineer OuVV@VOe KOOeVVkn.EOvin]OOn8Dt@l Manager Jon j@rOsch.Civil Engineer SUBJECT: McKnight and Mailand Drainage Approval of Cost-Share Agreement and Pond Enhancement DATE: June 29 INTRODUCTION An area of severe gully erosion has been identified by the Ramsey-Washington Metropolitan Watershed District OD the west Side of McKnight Road near the intersection at PW8i|ond Road. Although this 9rOSi0O is occurring On the west side Of McKnight iD Saint Paul, the majority Ofth8[uDoff8nt8riOgUliSgU||ySvotonl originates inMaplewood. The owners Cf the property Vn which this erosion iS occurring have asked the Watershed District to coordinate 8 solution to this interc8nnnnVniLy pn]b|8rn. This report identifies the issue, discusses the proposed solution, and summarizes Maplewood's portion of the solution. In the mid-1 970's, areas to the north of Mailand Road and East of McKnight Road began to be developed. With this development came new roads, new buildings, and the creation of more impervious surfaces. TO accommodate the runoff from this increase in impervious surface, new storm sewer piping was installed. The n8LVn8| dn8in8Q8 pattern in the area made it difficult to route this SL0rrn water piping anywhere but towards McKnight Road and Saint Paul. Ramsey County installed 8storm-water piping svotorninUle180U'SLOconv8ynJnofffn}nlK4cKnightRo8d into a channel west VfMcKnight near the intersection with K88i|8nd Road. In the late 1070'S. the City of Maplewood was approved to connect their new storm water system into the Ramsey County system. This resulted inG drastic increase in the amount Of runoff iD the channel. k8@p|8vvOOd'S runoff into the channel 8CC0UnLS for approximately two-thirds of the total flow through the channel. Roughly 8.3 acres of area drains to a poor-quality wooded wetland just north of Mailand Road at McKnight Road. This wetland iS connected hothe Ramsey County System via a metal pipe. This wetland currently has inadequate storage capacity and has overtopped onto McKnight Road in the past. The other drainage area that flows into the piping system is roughly 14.1 acres in Size. and is located just south ofK8ai|8nd Road. The runoff from Maplewood combined with the runoff entering the channel in Saint Paul has created severe erosion problem. The channel conveys the water from the Ramsey County pipe outlet L8Gwetland roughly 850 feet tO the northwest. The Ramsey County Pipe Outlet i3 the first area 0ferosion. The high volume of water exiting this pipe has created a scour hole and continues to grow with each large storm event. Areas Vf erosion occur in various spots along the channel, mainly in the steeper areas 8S well 8s areas where the channel makes sharp turns. The worst area nf erosion is characterized by85 foot deep Agenda Item L6 gully that has been cut into the sandy-soil by the channel flow. This erosion is moving sediment Uovvnstn*ann tovvondS the wetland ore83, threatening the overall health of the ecosystem. The main concerns of the homeowners are related tosafety. The deep gullies that have formed are potentially hazardous tV the children playing in their own backyards. Please refer Ln the attached pictures tO understand the severity Vf the erosion. The Watershed District contracted Barr Engineering t0 perform G feasibility study t0 investigate uotoDU@| solutions h] this problem. Barr Engineering and the Watershed District presented their findings to the involved parties in early 2UO0 for discussion. The solutions described within their feasibility report were found tobe acceptable tV Staff, Gs well 8s the property owners involved. The naoonnnn8Dded solution to this issue is 8 combination which minimizes costs involved in such 8 large scale erosion problem, while 8t the same time provides 8n adequate solution. The storage capacity Ofthe wooded wetland LV the east Uf McKnight Road in Maplewood needs tob8 increased to store 8larger v0|Unle Of runoff. This will G||Ovv the runoff to be conveyed t0 the gully SySt8nl at 8 S|Ovv8r rate, |SSS8Ding the erosion created by the high flows that occur today. The newly graded areas would then bRestablished with native plants LV stabilize the soil as well as b88VLifv the once degraded wetland. The cn8GLi0n of this pond will also allow the City to reduce the amount of sediment and excess nutrients entering the channel Sy3t8nn. The reduction in discharge of pollutants from the City is one of the main requirements of the City under the Non-Degradation Plan. The Non-degradation Plan iS one of the key components 0f the City's NPDEGPnnnit. The Ramsey County Pipe outlet would be replaced with an energy dissipating structure. This structure would have a sump to capture sediment and would have an outlet pipe that is relatively flat. This will help to reduce the velocity of the water entering the channel, reducing the scouring effect. The outlet area will b8 reinforced with fieldstone ripn8p. The eroded areas of the channel will b8 widened L0 reduce the velocity of the Oovv and will be reinforced with erosion control nnota and vegetation. All disturbed areas of the channel, less susceptible to high flow velocities, will be planted with native species. The worst area Vf erosion in the channel, the area with the 5-foOt deep gully, needs special attention. In this area itiSsuggested that rock drop structure be installed. This rock drop structure would consist of large rocks or ripr8p placed in the channel to allow the water to drop four to five feet without eroding the channel. It would be similar to 8 section CJ river rapids. Project Cost Allocation This project hGSbe8OpnOpO38dtOb8p@idforthnJughGC0St8||0CotiOninvO|viOgth8vGh0USp@rtiCip8ntS. The City 0f Maplewood, Ramsey County, the City Of Saint Paul, the landowners, 8S well 8S the Watershed district would all be included in the 8||oCGLi0n. The City of K88p|evvVod contributes two-thirds of the runoff into the channel system, and has thus been allocated two-thirds 0f the cost 0f the channel repair. The City ofK8op|evv0Od's portions are outlined below. • Energy Dissipation 8t the Pipe Outlet $ 3.500 • Channel Repair and Rock Drop Structure $17.600 • Wetland Improvement/Excavating Storm pond - $74.000 The City VfK88p|evvood's portion is thus $95,108. The remainder of the project costs are to be distributed to the other participants. It is proposed that City of K88p|RvvOOd Public Works crews will construct the StOr[n vvot8r pond east of McKnight Road. By utilizing City Staff, the COStS involved in the construction of the Agenda Item L6 pond are drastically reduced and greater control over the quality [f the final product iGachieved. A cost- share gn8ntwiUbepurSuedthruth8VVat8r3hedDisthCthorthenadvep|8nbDg38nOundthispOnd. This should reduce the City's cost to roughly $10,000 for the pond area restoration. |tis proposed that the SiOrnn water pond shall be paid for in-kind. The LVi8| 8nnOunL requested 8t this time is for the costs ne|8L8d to the pipe outlet energy dissipation, the channel repair, and a portion of the native plantings around the pond @S described above. This results in8 total amount Of$31 Budget Impact The budget for this project 0f$31.1O0isproDo3edtobeaU0CotedfnznntheEnvironmenta|Ut|itvFund (EUF). On June 12, 2006, the City Council authorized $75,000 of EUF funds to the improvements at Brand Avenue and $5O.00Oto the improvements 8t Valley View Drive, City Project U5-36. Both of those projects were able to be completed by Public Works staff instead of bids from private contractors. This procedure saved substantial portions 0f those project budg8tS. While final costs are not complete, it appears that only $35.O00of the $75,00O was required 8t Brand Avenue and $25.00OOfthe $5O Valley View Drive. Instead 0f authorizing new budget dollars to this itis proposed that $2U,OU0be transferred from the Brand Avenue project b8cktoth8EUFFVnd8nd$12.O0UfnJnnLheV8||8yViRvvOrivHp je[1fUndb8tkk] the EUF Fund tO cover this project expense. The EUF was projected toh8veafuDdequitv0f$11.Y7G and o cash balance 0f$1S.77U. These projections ahOu|dnannainunohonged8fterthesetnansferaandthiS It is recommended that the City Council approve the attached Cost-Share Agreement and approve the allocation of $31.1O0 for the items described above. The funding for this project iSpn]pVsedb]cVnn8VVt[f the Environmental Utility Fund when a transfer is made by the Finance and Adminstration Manager of $2O.0OO from the Brand Avenue project fund8nd$12.00Ofn3nithRV8||8yViRvvproject fund. Attachments 1. Location Map 2. Pictures 3. Cost-Share Agreement C,4 cn ir 0 Storm Water Pond Enhancement Area — McKnight at Mailand Ramsey County Pipe Outlet — Facing East CITY OF ST. PAUL, CITY OF MAPLEWOOD, RAMSEY COUNTY AND RAMSEY-WASHINGTON 0AETRO WATERSHED DISTRICT COST-SHARING AGREEMENT THIS AGREEMENT made and entered into this day of 2007 by and between the City of St. Paul, a municipal corporation (hereinafter called "St. P8u|") the City of Maplewood, a municipal corporation (hereinafter called "Maplewood"), Ramsey County, (hereinafter called "County") and the Ramsey-Washington K4eLn] VV8t8rSh8d [)iSbiCt. 8 municipal corporation (hereinafter called "District"). 1. Purpose. |n consideration of the mutual benefit given to all parties, the parties hereby seek to share the costs of the implementation of needed improvements in the K0oKnig ht/Mai land project involving the modification of the 3tOnn water drainage avatenn and channel improvements northwest of the Intersection of McKnight and K88i|8nd Roads. It is understood and agreed that the parties have received adequate consideration by the mutual benefits given t0 each party by virtue Of the cost sharing arrangement. 2. Responsibilities of the Parties. A. City of St. Paul. The City of St. Paul shall pay for 33.3% of the cost of the channel stabilization. This is estimated h} cost approximately $8.800.00. Furthermore, St. Paul shall provide maintenance nf the channel with cost sharing from the District paying 06.096of the maintenance costs and St. Paul paying 33.396Of the maintenance costs. B. City of Maplewood. The City 0f Maplewood shall construct the retention pond 0n the Northeast corner of McKnight and KX8i|8nd Roads which shall be completed in the year 2OU7. The City of Maplewood shall pay for 60.0% of the oOStS of the channel stabilization (approximately $17,000.00), and 5096 Vf the cost Vf the energy dissipater (approximately $3,5OU). C. Ramsey County. Ramsey County shall be responsible forthe replacement of storm sewer pipe from McKnight Road catch basin tothe energy dissipater and 5OY6of construction cost of the energy dissipater 8L the pipe outlet (approximately $3.50O\. D. The District shall prepare feasibility studies and facilitate discussion [f project r8Sponsibi|itv8nd cost sharing issues and determinations. The District shall cost share with the City of St. P8U| in future project maintenance as outlined above for 80.8% of the maintenance costs with the City of St. PGV| being responsible for 33.3% of the maintenance costs. FUrth8rnn0n8. the [)iSth(t shall be responsible for coordinating the contracts for the channel stabilization project, the[}istriCtsho||paythemnntraotor8ndSho||be responsible for administering and addressing any warranty issues. Furthermore, the District Sh8|| invoice Ramsey County, the City VfSt. Paul and the City of Maplewood for their portion of the construction costs. 3. Right of Access. Landowners have provided Easements to the City of St. Paul to grant access to the property LV construct the project. The other named parties herein, k}the extent n8C8Sgary, gh8U act as agents to the City of St. P8V| when seeking to enter on to the property to construct or otherwise maintain the easements as outlined herein. 4. Binding Effect. The terms and provisions of this Agreement shall be binding on and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding on all future owners of all or any part of the property and shall be deemed covenants running with the land. References herein hn Landowner, if there bemore than one, shall mean all ofthem. Each party hereby agrees tV hold the other party harmless from any and all liability arising from the actions Ufthe other and shall indemnify any other party for any costs incurred by another party as a result of another party's actions. 5. Notices. Whenever it shall be required 0r permitted bv this Agreement that notice or demand begiven or served by either party to or0n the other party, such notice Vr demand shall be delivered personally ormailed by United States nn8i| to the addresses hereinafter set forth bv 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 change Of such address has been given: As to the City of SL Paul: City oJSt. P8V| 15 West Kellogg Boulevard Saint Paul, K8N55102 As to the City of Maplewood: As to Ramsey County: As to the District: City VfMaplewood 1838 County Road BEast Maplewood, MN 55109 Ramsey County 15 West Kellogg Boulevard Saint P8u|, MN 55102 Ramsey-Washington K8etn] Watershed District 2665 Noel Drive Little Canada, K8N55117 |N WITNESS WHEREOF, the City of St. Paul, City of Maplewood, Ramsey County and the District have caused this Agreement to be duly executed on the day and year first above written. STATE C)FMINNESOTA CITY C)FST. PAUL Its and Its ' )sS. The foregoing instrument was acknowledged before me this day of bv and the and of the City of Saint Paul, o municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public CITY OFMAPLEWOOD Its and Its STATE {]FMINNESOTA \ )sS. COUNTY OF The foregoing instrument was acknowledged before me this day of bv and the and 0f the City nf Maplewood, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public RAMSEY COUNTY By Its Its STATE OF MINNESOTA COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of by and the and of Ramsey County on behalf of said Ramsey County. Notary Public RAMS EY-WASH I NGTON METRO WATERSHED DISTRICT By Its Its STATE OF MINNESOTA COUNTY OF ) ss. ) The foregoing instrument was acknowledged before me this day of by and the and of the Ramsey - Washington Metro Watershed District, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public DRAFTED BY: LAWSON, MARSHALL, McDONALD, GALOWITZ & WOLLE, P.A. Lawyers 10390 39 Street North Lake Elmo, MN 55042 Telephone: (651) 777 -6960 (TAG)