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HomeMy WebLinkAbout2007 07-23 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:OOP.K8. Monday July 23.2OO7 Council Chambers, City Hall K8R8LinQ No. 07-13 B. PLEDGE OF ALLEGIANCE Acknowledgement oy Maplewood Residents Serving thoCuuntty Mayor's Address onProtocol: 'Welcome to the meeting of the Maplewood City Council, dis 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. July B.2007 Council/Manager Workshop Minutes 2. July 9, 2007 City Council Meeting Minutes F. VISITOR PRESENTATIONS 1. Lt. Kv@n1 acceptance tOth8FB|N8tk]no|/\C8denly 2. Appointments to Parks COD1nliSak}D 3. Appointments bJthe Housing Redevelopment Authority 4. 300 Event — Susan B.Rnnnon Breast Cancer Walk 5. NediOn8| Night Out — ChiefThorna||8 H. PUBLIC HEARINGS 1. Ferndale Geranium Area Street Improvements, City Project 07-14 o. Public Hearing 7:00 p.m. b. Resolution Order Improvement After Public Hearing (Requires 4votes) C. Resolution Approving Plans and Specification and Advertising for Bids d. Resolution Ordering Preparation VfAssessment Roll 8. Resolution Accepting Assessment Roll and Ordering Public Hearing 2. Lark Prosperity Area Street Improvements, City Project 07-15 8. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement after Public Hearing (Requires 4votes) C. Resolution Approving Plans and Specifications and Advertising for Bids d. Resolution Ordering Preparation of Assessment Roll e. Resolution Accepting Assessment Roll and Ordering Public Hearing 1. CONSENT AGENDA 1. Approval of Claims 2. Conditional Use Permit —Walking in Faith Church 2385Ari8| GLne8t J. Conditional Use Permit — Comfort Bus 187O Rice Street 4. Acceptance Of Grant Funds for Police Reserves 5. Desoto Skillman Area Street Improvements, City Project 08-10 8. Resolution Approving Change Order 1 0. K8Ogn8n 8tna8t Improvements, City Project, 06-17 o. Resolution Approving Change Order 1 7. Pond Overlook Public Improvements, City Project 87-U8 a. Resolution Accepting Plans and Specifications and Authorizing Ad for Bid b. Resolution Ordering Preparation of Assessment Roll 8. Pond Overlook Developer Agreement, City Project 07-12, Approve Agreement with Developer. 9. Private Water Main Agreement Amendment 10. Resolution for support for Route 219 Job Access Reverse Commute 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 4� 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 K. UNFINISHED BUSINESS 1 Mississippi Street Park Petition, City Project 06-16, Authorization to Negotiate Change Order for Vacant Lot Grading 2. Discussion and Adoption of the 2008-2012 Capital Improvement Plan L. NEW BUSINESS 1. Intoxicating Liquor License — Christopher Rude — Broadway Bar & Pizza 2. Intoxicating Liquor License — Mandy Gillstron — Applebee's Neighborhood Grill and Bar. 3. Conditional Use Permit Revision — Keller Lake Convenience Store 2228 Maplewood Drive 4. Gladstone North Area Street Improvements, City Project 04-15 a. Resolution Accepting Project 5. St. Paul Monastery Redevelopment Project, City Project 07-02, Resolution Receiving Petition Request for Public Improvements and Authorization to Prepare Preliminary Report 6. City Hall Campus Parking Lot Upgrade Program — Authorization to Explore Re-paving Project with Lark-Prosperity Project 7. 2006 Park Commission Annual Report N. ADMINISTRATIVE PRESENTATIONS 1. H. Alan Kantrud, City Attorney a. Report on Quiet Title action on Applewood Park b. Report on Granting of Temporary Injunction by Ramsey County District Court on Nancy Lazaryan O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL MANAGE R/WORKSHOP Monday, July 9, 2007 Council Chambers, City Hall 5:30 p.m. q M I[SX01 0 11:4 Agenda Item El A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:35 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Cave. Ayes - All D. NEW BUSINESS None. E. UNFINISHED BUSINESS Commission Interviews a. Eric Wagner — Applicant for the Parks and Recreation Commission 2380 Stillwater Avenue, Apt. 106, Maplewood. A recess was taken at 5:50 p.m. to wait for the next applicant to arrive. The meeting resumed at 5:55 p.m. b. Robert Martin — Applicant for the Planning Commission, 2329 Londin Lane, Maplewood. A recess was taken at 6:07 p.m. to wait for the next applicant to arrive. The meeting resumed at 6:12 p.m. C. Therese Sonnek — Applicant for the Parks and Recreation Commission, 1503 Sandhurst Drive, Maplewood. d. Joseph Boeser — Applicant for the Planning Commission, 3054 Hazelwood Street, Maplewood. July 9, 2007, City Council Workshop e. Julie Binko ' — Applicant for the Parks and Recreation (Ms. Binko was unavailable to interview July 9 and the next opportunity to interview will be July 23rd.) The Parks and Recreation Commission opening will be decided after the last applicant, Ms. Binko, has had the opportunity to be interviewed at the July 23, 2007, city council meeting. The Councilmember's voted on the two planning commission openings and will announce their decision during the city council meeting at 7:00 p.m. F. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 6:40 p.m. July 9, 2007, City Council Workshop 2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 9, 2007 Council Chambers, City Hall Meeting No. 07-12 A. CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present Present D. APPROVAL OF AGENDA G1. Planning Commission Appointr M5. Johnson Controls M6. Sletten & Azure Property Lettei M7. League of Minnesota Cities Co M8. MPCA Violations Update M9. Impaired Lakes M10. Environment Utility Fund Councilmember Cave moved to approve Seconded by Councilmember Rossbach E. APPROVAL OF MINUTES nce Ayes — All Minutes from the June 25, 2007, 5 p.m. Council/Manager Workshop. member Juenemann moved to approve the minutes of June 25, 2007, 5 p.m. Seconded by Councilmember Cave. Ayes - All 2. Minutes from the June 25, 2007, 7:00 p.m. City Council Meeting. Councilmember Cave moved to approve the minutes of June 25, 2007, City Council Minutes as submitted. Seconded by Mayor Longrie. Ayes- All July 9, 2007, City Council Meeting 1 I 1.9 VISITOR PRESENTATIONS 1 Bill Kayser, 04O8-81 "Avenue North, Brooklyn Park, addressed the council about Resolutions that were recently passed by the city council. 2. N8ntyL8z8ry8n. 10734 VV8Gi Lake Ro8d, Ric8, addressed the council. K4S. L8z8ry8n spoke regarding Resolutions that were recently passed bv the city council. She also stressed to the city council that the city should have legal counsel that knows the constitutional law and the city should apply local law k} the local government. J. Joe FOx, 1821 Myrtle Street, W1Gp|evvOOd. addressed the council. He invited everyone to 8U m BndthR04 Ramsey County Fair starting Wednesday, July 11, through Sunday, July 15 4. Dave Schilling, 1955 Greenbrier Street, addressed the council. He asked if Ramsey County or Maplewood own Roselawn Avenue between Edgerton Street and Highway 61 because of the poor condition of the road. (Public Works Director, Chuck Ahl, explained the road jurisdiction rules). APPOINTMENTS/PRESENTATIONS 1 Appointment of Planning Commission Members 8. Robert Martin b. Joseph Boeser K8oyOrLODgri8 moved to appoint Robert Martin and Joseph Boese to the P|GODiDg C0nl[nisSi0O. Seconded by Councilmember Cave. Ayes —All PUBLIC HEARINGS 1 1 a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement After Public Hearing a. Public Works Director, Chuck AM presented the report. Mayor Longrie opened the public hearing and the following individuals spoke: (8) Ron Cockriel, 943 Century Avenue, Maplewood. (b) George Gonzales, 2359 Heights Avenue, Maplewood. (c) William Trouts, 580 Deer Ridge Lane, Maplewood. (d) Mary Joyce, 502 Deer Ridge Lane, Maplewood . (e) Bob &Veld8BUzidm.596 Deer Ridge Lane, Maplewood, were present but didn't care to speak. Ul Donald E8CkhOff Deer Ridge Lane, Maplewood, was present but didn't care h}speak. July 9, 2007, City Council Meeting IN Mayor Longrie closed the public hearing. Councilmember Cave moved to approve the Resolution Ordering Improvement After the Public RESOLUTION 07 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution Vf the city council adopted the 25 t» ' nf June, 2UOy. fixed a date for counc hearing on the proposed improvements for the Crestview Forest Improvements (Deer Ridge LGO8\. City P 08-21. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held 0D July g and the council has heard all persons desiring k}Ue heard Vn the matter and has fully cons the s8nn8; NC>VV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF |NAPLEVVC)C>0, K8|NNE8[}T&, as follows: 1. That it is n8C8Gsary. cost-effective and feas as d8t8i|9U in the feasibility report, that the City ofMaplewood nn8k8 improvements to Crestview Forest |nnpn}wenn8nts (Deer Ridge L@D8). City P O0-21. 2. Such improvement is hereby ordered as proposed in the council resolution a dopted the 9th day of July 2007. 3. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $24,954 shall be established. The proposed financing plan is by means of property assessment to the improved properties on Deer Ridge Lane for all project costs. Seconded by Councilmember Hjelle. Ayes- All Mayor Longrie said she voted Aye based upon the assumption that this road is 26-feet wide with an 8-inch thick bituminous pavement and a pavement rating of 70. It's also expected that this road will not need tObe resurfaced for another 20years. 2' Proposal for Issuance mf Multifamily Rental Housing Revenue Bonds (The Village of WoodUyn P� 'ecK-) G. Finance and Administration Manager, Bob K8ibBt. presented the report. Mary Ippel, Briggs & Morgan, 2200 First National Bank Building, St. Paul, addressed the council. Mayor Longrie opened the public hearing. No individuals came forward. No action was needed for this item. July 9, 2007, City Council Meeting 3 I. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1 -7. Seconded by Councilmember Hjelle. Ayes- All 1. Approval of Claims. Councilmember Juenemann moved approval of Claims ACCOUNTS PAYABLE $ 357,163.24 Checks #72934 thru #72988 Dated 06/18/07 thru 06/26/07 $ 223,071.41 Disbursements via debits to checking account, Dated 06/15/07 thru 06128/07 $ 556,633.02 Checks #72989 thru #73051 Dated 06/27/07 thru 07/03/07 $ 168,183.09 Disbursements via debits to 'checking account Dated 06/21 /07 thru 06/28/07 $ 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 Seconded by Councilmember Hjelle. Ayes - All 2. Authorization to enter into 4 -year lease with Metro Sales, Inc. for new copier. Councilmember Juenemann moved authorization into 4 -Year lease with Metro Sales, Inc. for new copier for City Hall. Seconded by Councilmember Hjelle. Ayes — All 3. Authorization to Pay Invoice for Ford Expedition Conversion. Councilmember Juenemann moved to Authorize to Pay Invoice for Ford Expedition Conversion Seconded by Councilmember Hjelle. Ayes — All July 9, 2007, City Council Meeting 4 4. Desoto-Skillman Area Street Reconstruction, City Project 06-16, Approve Resolution Revoking State Aid Designation from Desoto Street from Larpenteur to Roselawn. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Reconstruction, City Proiect 06-16, Approving the Resolution Revoking State Aid Designation from Desoto Street from Larpenteur to Roselawn. RESOLUTION 07-06-094 REVOKING MUNICIPAL STATE AID HIGHWAYS (Original Resolution Approved June 25, 2007, Amended July 9, 2007) 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 ;ota, this 9th day of July 2007. r Hjelle. Ayes — All July 9, 2007, City Council Meeting 5 5. Approval of Policies for Award of Charitable Gambling Tax Funds. Councilmember Juenemann moved Approval of Policies for Award of Charitable Gambling Tax Funds. Seconded by Councilmember Hjelle. Ayes — All 6. Annual Lawful Gambling Resolution for Hill Murray Father's Club and Champps. Councilmember Juenemann moved to approve the Annual Lawful Gambling Resolution for Hill Murray Father's Club and Champps. LAWFUL GAMBLING RESOLUTION 07-07-111 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, 1734 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 Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further re,; Maplewood, Minnesota, be forwarded to the Seconded by Councilmember Hjelle. E)d that this Resolution by the City Council of mbling Control Division for their approval. Ayes — All July 9, 2007, City Council Meeting 6 7. Food Sales Fee Waiver — Ramsey County Voiture 838 American Legion. Councilmember Juenemann moved to approve the Food Sales Fee Waiver — Ramsey County Voiture 838 American Legion. Seconded by Councilmember Hjelle. Ayes — All 1 Remodel Kitchen at Station One and Three a. Fire Chief, Steve Lukin, pres Councilmember Juenemann m Kitchen and Area at Station repo i 11 Three. Seconded by Councilmember Hjelle V July 9, 2007, City Council Meeting 7 K. UNFINISHED BUSINESS Brookview Area Street Improvements, City Project 07-01, Resolution Adopting Revised Assessment Roll. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item and no individuals came forward. Councilmember Juenemann RESOLUTION 07 F-1111111161 NM:11 1 1111111:161114 WHEREAS, pursuant to a resolution adopted by the City Council on June 25"', 2007, the assessment roll for the Brookview Area Street Improvements, City Project 07-01, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, five (5) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 01.28.22.12.0039 - Van g 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 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 101.28.22.21.0029 - James Gunderson; 131 Crestview Drive inderson is requesting a deferral of his assessment. Mr. Gunderson does not think (iew 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. ROTT, TMEREFORE, BE IT RESOLTED BTTME CITT C9111111CIL OF MARLETTO-0i MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Brookview Area Street Improvement, Project 07-01: July 9, 2007, City Council Meeting 8 1. Ponce|U1.2B.22]2.003Q—\/@nA Kong; 222 Sterling Street N K8c Kong objects tothe assessment based Upon financial hardship. Grant deferral Upon approval of necessary paperwork. 2. Parcel O1.28.22]2.U042— Johnny Jones; 20O Sterling Street N K8c Jones objects b] the assessment based upon disability causing financial hardship. K8c Jones is requesting a cancellation of his assessment. Deny cancellation of assessment as benefit iS received and grant o deferral upon approval Of necessary paperwork. 3. P8rCG| O1.28.2221.0033— Walter C[O||' . 185 Crestview Drive N Mr. Cn}||is requesting 8 deferral [f his assessment based upon disability causing financial hardship. Grant deferral upon approval o[necessary paperwork. 4. Parcel 01.28.22.21.O02S— James Gunderson; 131 Crestview Drive Mr. Gunderson i3 requesting 3 deferral V[ his assessment. Mr. Gunderson do not think Crestview Drive is in need of reconstruction. Deny deferral ofoSSeS3nnent. Crestview Drive is in poor condition. The pavement condition index of 39 warrants reconstruction. Mr. Gunderson iS granted a financial hardship deferral upon approval ofnecessary paperwork. 5. Parcel O1.28.22.12.0048— Richard Johnson; 2O7 O'Day Street Mr. Johnson i citizen deferment. Grant deferral upon approval of necessary paperwork. B. The assessment roll for the Brookview Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annurn for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date Ofthis resolution until December 31.2O07. l[O each subsequent installment when due shall bRadded interest for one year on all unpaid inst8||nn8nLS. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county aVdik}r. UUL no later than (][toU8r 1, 2007. pay the whole of the assessment on such property, with interest accrued tVthe date Vfthe payment, io the office of the city engineer, except that nOinterest shall b8 charged if the entire assessment iS paid within 3O days from the adoption 0f this resolution; and they may, GL any time after October 1.200Y.pay to the oOUntv auditor the entire amount of the assessment remaining Unp8id, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15Vr interest will Ue charged through December 31 Vf the next succeeding year. July 9.2007. City Council Meeting 8 E. The city engineer and city clerk shall forthwith after October 1.200Y. but m]later than November 15 m ,20OY, transmit 8 certified duplicate ofthis assessment LV the county auditor tOb8 extended On the property tax lists Of the county. Such assessments shall b8 collected and paid over the same manner 8G other municipal taxes. Adopted by the council on this gth day of July 2007. Seconded bvCoUn{i|mernbHrRosGbGCh. A July 9, 2007, City Council Meeting 10 2. Rainbow /Maple Ridge Driveway Improvement, City Project 07 -03, Resolution Ordering Work to be done by Day Labor. a. Public Works Director, Chuck Ahl, presented the report. Mayor Longrie asked if anyone wanted to speak regarding this item and no individuals came forward. Councilmember Juenemann WHEREAS, pursuant to re engineer has prepared plans and Improvements, City Project 07 -03, AND WHEREAS, the estim 7 -'113 E BY DAY LABOR passed b' tions for I ave been 3t of such , council on May 14 2007, the city bow /Maple Ridge Driveway :ed to the council for approval, es not exceed $25,000, d' iraa7�TZKil�li[lll�il�:(�I�'L�7 The city engineer shall proceed under the direction of the council, as given from _, to carry on all work in connection with such improvement in accordance with the >pecifications herein approved. by Councilmember Rossbach. Ayes - All July 9, 2007, City Council Meeting 11 3' Status Report mm Actions to Develop m Policy Proposal for Protection of h0apUevVood's Open Spaces through the use ofConservation Easements. a. City Manager, Greg Copeland, presented the report. This item has been moved from Administra Presentations onthe June 25.20O7. city council meeting Agenda to Unfinished Business at the July 9th city council meet at the request of COUnCi|nl8nlb8rJuRDS[nGOD. CoVn[i|nl8nnberRoGSb8ch said the city council had a workshop to discuss this topic. The city council cannot vote on items at a workshop. Mayor Longrie said that would have to be brought up oto future city council meeting. The city council has not taken the appropriate steps, made 8 nnVtion, or voted to approve this b8fVn8 moving forward. Councilmember Rossbach recommended the citV staff shall not move forward with this item until identifies various altematives the council may consider to accomplish that and looks at what the current ordinances and ontions are to improve that. Seconded bvCOunci|mernb8rJuem8nlmnn. u� Mayor The motion failed. City Attorney, Alan Kantrud, stated in 2001 the legislation amended ordinance 462 which the Attorney General stated: To reduce the necessary voting majority for adoption or amendment of goveming body. Mr. Kantrud said that was an interpretation from the City of Moorhead. He said he would be happy to forward a copy of this to the city councilmembers. City Manager Copeland said the city will continue to proceed forward with this as outlined in the report. Further questions can be addressed to the City Attorney or to Sarah Strommen, from the Minnesota Land Trust. Staff will get the historical perspective aG recommended bv Counc Juenemann. The city staff hopes to have this information ready for the council by September 18.20UY. Councilmember Hjelle recommended having a two hour workshop regarding this item to discuss and work through the issues prior t0the September 18.2UU7 date mentioned Uy Mr. Copeland. Mayor Longrie agreed that would be a good idea and said the public should be included in this and recommended that maybe the council could open the meeting Upk] the public for 8Y2hour or so for the public to make comments. The City Manager said that he would schedule this matter for an upcoming work session. July 9, 2007, City Council Meeting 12 4~ Mississippi Street Park Petition, City Project 06-16iAmuthorizatimmtmNemmtiate Change Order for Vacant Lot Grading. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Hjelle moved to table the Mississippi Street Park I been heard by the Parks Commission and then this item would be further action. ht back to the council for rie, d}Rr'G,HUEd|e,JU8neDlGnO 14 City Manager, Greg Copeland said city staff would put UliS item on the agenda for the next Parks Commission meeting on July 18, 2007. NEW BUSINESS 1 Lot Division Proposal Carye — 2291 Hazelwood Street. 8. Lot Area Variance, Lot Width Variance, Rear Yard Setback V8h8nce. a Planner Ken Roberts presented the report. U applicant at 2291 Hazelwood Street, Maplewood, answered questions from the city council. Councilmern at 2291 Hazelwood Street. These include having a lot area of 9,500 square feet (500 lot area variance), a lot width of 99.01 feet for a corner lot (.99-foot lot width variance re foot variance are in keeping with the surrounding properties and the ability ot the applicant to prove a a. The problem requiring the rear yard setback variance in this circumstance is 8 problem that the current owner did not cause (iG. location Of the existing houS9). b. The variance will only be required for the 20-foot-width of the existing house, causing nnininno| 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. Approval of these variances is subject to the following conditions: 8. Prior to the issuance of a grading or building permit for the existing house at 2291 Hazelwood Street the applicant must submit the following: July 9, 2007, City Council Meeting 13 1) Submit 8 cash escrow or letter of credit k} 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 Cib/ to enter the property at 2291 Hazelwood Street to complete siding of the house within six months of the date of approval if the work is not complete, ifnecessary. 3\ Sign a maintenance promising i requirements throughout construction of the addition. 4) Removal of the temporary chain link fe 5\ Removal of th 6-foot-high wood privacy that the side of the fence facing the neighbors is finished, with no structural supports showing. 8\ /\site plan or survey showing the location of the i ti house and addition. The addition must maintain at least a U1 rear yard rS8U]8ck from the new property line. VARIANCE RESOLUTION 07-07-114 WHEREAS, Robert and U from the zoning ordinance. proval of three variances WHEREAS, the variances apply to the proposed single dwelling lot west of the house 8t 2291 Hazelwood Street. The legal description the single dwelling lot i3 Lot 5 Block 1 BnsSard Addition. WHEREAS, Section 44-1O80f the Maplewood Code Of Ordinances requires that lots for single dwellings have a minimum lot area of 10,000 square feet and a lot width of 100 feet for a WHEREAS, Section USUf the Maplewood Code of Ordinances requires 8 rear yard of at least 20 percent of the lot depth. WHEREAS, the applicant is proposing a 9,500 square foot lot (new lot on Cope Avenue) and a 99.01 wide lot (corner lot). This requires a 500 square foot lot area variance and a .99 (less than 1 foot) lot width variance. WHEREAS, the applicant is proposing a 12.16-foot 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: {]O June 19.2007 the planning commission held 8 public hearing. City staff published o notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning D0rnnnisGi0n gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approval Vf the variances. July 9, 2007, City Council Meeting 14 2. The City Council held 8 public meeting about this request Vn July 8,2UO7. The city council considered reports and recommendations from the city staff and planning cOQnnliSaiOD. The city council adopted the variances. NOW, THEREFORE, BE|T RESOLVED that the city council approve the above- described vah8noesforthefn|kovvingreaSOns: 1 The pnJb|8nl requiring the rear yard setback v8hGOCm in this CiPCUnlSt@nCS is 8 pnJb|S[n 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 |Oc8tiOO will not ChoDg8 the character ofthe area as surrounding properties are all single family houses with similar lot sizes' Approval Of these variances ia subject tO the following conditions: 1. Prior L0 the issuance 0f8 grading or building permit for the existing house GL2201 Hazelwood h ng: 8. Submit 15O percent Of residing the existing house within six months of the date of approval. b. Si t0 enter the property 8t2291 H8ze|vvO0d Street to complete siding of the house within six months of the date 0f approval if the work is not complete, if necessary. C. Sign o maintenance agreementpnJnliSiDg t0 maintain the pnDp8dv per city code requirements throughout rU[tion o[ the addition. d. R8nnVva| of the t8nnpor8n/ chain link fence. 8. Removal 0f the 6-foOt-high wood privacy fence O[ alteration Of the fence tO ensure that the side of the fence facing the neighbors is finished, with no strU{tVn8| supports showing. [ A site plan or survey showing the location of the existing house and addition. The addition must maintain at least a 19-foot rear yard setback from the new property line. The Maplewood City Council adopted this resolution on July S.20U7. Seconded by Councilmember Cave. Ayes - All July 9, 2007, City Council Meeting 15 ComDci|nemberRoSsboh moved to approve the lot split site 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 (Section 34-14 - lot divisions) and is submect to the following: G. Submit 8 survey [0 staff for approval which shows the follow 1\ Legal descr nf both lots. 2) Locat and setbacks Of existing house OD the corner lot. \� b. A cash connection fee for the new lot's share of sewer and water extension along Cope Avenue @3follows: $2.S7O— sewer and $2,87O— water ($5 C. Submit G cash escrow or letter of credit bo cover 15O percent Of residing the existing house within six months 0f the date Ofapproval. d. U the new lot (adjacent Cope Avenue) iStohe sold or deeded tO 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 0rdeeds. These must be recorded with Ramsey County within one year of the date [f the lot division 8ppnJv8| or the |0L split will become RV|| and void (city code peqUin8nn8nL). f. Prior to issuance of a grading or building permit for the new house on the new lot (adja 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 a lo-nnnt setback from the house, garage, and deck to both side property lines. 3\ Submittal of a screening plan ensuring screening from any proposed deck 0nthe new house tO the existing house to the west 8t1515 Cope Avenue. Seconded byCOUnci|080b8rJURn90@On. AvSS - A|| , July 9, 2007, City Council Meeting 16 2. Conditional Use Permit Revision — Keller Lake Convenience Store, 2228 Maplewood Drive. Councilmember Rossbach moved to table the Conditional Use Permit Revision — Keller Lake Convenience Store. 2228 Maplewood Drive. because the adiacent orooerty owners were unable Seconded by Councilmember Juenemann. Ayes — All July 9, 2007, City Council Meeting 17 3. Carver Avenue Water Main Extension — City Project 07-17, Resolution Receiving of Resident Petition and Ordering Preparation of Preliminary Report. a. Public Works Director, Chuck Ahl presented the report. Mayor Longrie moved to approve the Carver Avenue Water Main Extension — City Project 07-17, Resolution Receiving of Resident Petition and Ordering Preparation of Preliminary Report. With the addition of the following wording to be inserted in the 4 t" paragraph, first line, after the word study, to include the scope of work as outlined in the staff report RESOLUTION 07-07-115 RECEIVING PROPERTY OWNER REQUEST ORDERING PREPARATION OF A FEASIBILITY STUDY 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. 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 a MN Dept. of Health, Well Division, action regarding Mr. Schlomka's well; we will request the Department of Health's orders, test results and /or correspondence driving this request. It is recommended that the City attempt to determine if there are other wells in this area similarly affected or that are being monitored by the Department Of Health. The city engineer 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. Seconded by Councilmember Cave. Ayes — All July 9, 2007, City Council Meeting 18 4. Ferndale/Geranium Street Improvements, City Project 07-14, Resolution Accepting Feasibility Study, Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Cave moved to approve the Ferndale/Geranium Street Improvements, City Project 07-14, Resolution Accepting FeasibilitV StudV, Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. RESOLUTION 07-07-116 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted June 11th; 2007, a 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 9th 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,638,400. 2. The city's consultant, SEH Inc., is the designated engineer for this improvement 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 budget of $1,638,400 shall be established. The proposed financing plan is as follows: Proposed Financing Source Amount Street Assessments $ 431,100 Storm Sewer Assessments $ 13,940 Water main Assessments $ 69,700 Sanitary Sewer Utility Fund $ 62,800 Environmental Utility Fund (EUF) $ 288,000 WAC Funds $ 60,000 SPRWS Driveway Replacement Program $ 25,460 MSA Bonds $ 255,600 G. O. Improvement Fund $ 431,800 Total $ 1,638,400 July 9, 2007, City Council Meeting 19 4. A public hearing shall b8 held on such proposed improvement Un the 23 m day ofJuly, 3UU7in the council chambers Vf city hall at 7:U0p.nn.. and the clerk shall give mailed and published notice 0f such hearing and improvement 8S required bylaw. Seconded by Councilmember Juenemann. MaVor Longrie voted Nay because of the financial the city does. Ayes — JV8nem of the debt ,il0e0ber'S Cave, 0el|e, Rossbanh LVnAhH 3d and how much it July 9, 2007, City Council Meeting 20 5. Lark/Prosperity Street Improvements, City Project 07-15, Resolution Accepting Feasibility Study and Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. a. Public Works Director, Chuck Ahl, presented the report. Councilmember Cave moved to approve the Lark /Prosperity Street Improvements, City Project 07-15, Resolution Accepting Feasibility Study and Ordering Preparation of Plans and Specifications, and Calling for Public Hearing. RESOLUTION 07-07-117 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted June 11th; 2007, a 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 9th 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,796,910. 2. The city's consultant, Kimley Horn and Associates, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of 3. The finance director is hereby authorized to make the financial transfers necessary for reparation of plans and specifications. A project budget of $2,796,910 shall be established. )roposed financing plan is as follows: Proposed Financing 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 July 9, 2007, City Council Meeting 21 4. A public hearing shall b8 held on such proposed improvement Vn the 23 m 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. Seconded by CoUnCi|memberJV8nem8nn. Ayes — Counci|mem��s Cave, HjeUe Nay — Maymr Longrie Mayor Longrie voted Nay because of the financial concern of the debt load and how much it means to service that debt and the city has to look at how that will impact the other services that the city does. Mayor Longrie added that both of these road projects are using a large amount of funds in the Environmental Utilitv Fund (EUF) and she thinks that is irnDortant to understand if is is the way the city should be using the Environmental Utility Fund (EUF). ~_~ `.... � July 9, 2007, City Council Meeting 22 6. Mailand/McKnight Approval of Cost Share Agreement a. Public Works Director, Chuck Ahl, presented the report. Councilmember Juenemann moved to approve the Mailand/McKnight Approval of Cost Share Agreement. Seconded by Councilmember Hjelle. Ayes - All RAMSEY COUNTY AND COST-SHARING THIS AGREEMENT made and entered i City of St. Paul, a municipal corporation (herein municipal corporation (hereinafter called "Maple "County") and the Ramsey-Washington Metro V (hereinafter called "District"). WITNESSES: 1. Purpose. In consideration of th hereby seek to share the costs of the impleme McKnight/Mailand project involving the modific channel improvements northwest of the Inters( understood and agreed that the parties have n benefits given to each party by virtue of the co ito this 9th day of July, 2007, by and between the fter called "St. Paul"), the City of Maplewood, a vood"), Ramsey County, (hereinafter called atershed District, a municipal corporation nutual benefit given to all parties, the parties ation of needed improvements in the on of the storm water drainage system and :ion of McKnight and Mailand Roads. It is jived adequate consideration by the mutual 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 to cost approximately $8,800.00. Furthermore, St. Paul shall provide maintenance of the channel with cost sharing from the District paying 66.6% of the maintenance costs and St. Paul paying 33.3% of the maintenance costs. y of Maplewood. The City of Maplewood shall construct the retention nd on the Northeast corner of McKnight and Mailand Roads which shall completed in the year 2007. The City of Maplewood shall pay for 66.6% the costs of the channel stabilization (approximately $17,600.00), and % of the cost of the energy dissipater (approximately $3,500). C. Ramsey County. Ramsey County shall be responsible for the replacement of storm sewer pipe from McKnight Road catch basin to the energy dissipater and 50% of construction cost of the energy dissipater at the pipe outlet (approximately $3,500). D. Ramsey-Washington Metro Watershed District. The District shall prepare feasibility studies and facilitate discussion of project responsibility and cost sharing issues and determinations. July 9, 2007, City Council Meeting 23 The District shall cost share with the City OfSt. P8V| in hJkJn8 project maintenance 83 outlined above for 80.8%of the maintenance costs with the City of 8L Paul being n]sp0nSiU|8 for 33.396 of the nn8int8n8nC8 costs. Furthermore, the District shall U8 responsible for coordinating the contracts for the channel stabilization project; theUiStriCtSh8||p@ythRC0OtnaCtO[@Od shall b8 responsible for administering and addressing any warranty issues. Furthermore, the [)iSth{t Sh8|| invoice Ramsey County, the City of SL P8U| and the City 0fMaplewood for their portion of the construction costs. 3 Landowners have id8d Easements to the City of St. Paul to [GDt access to the dV to construct th r0KeCt The ' to the extent necessary, shall act 8sagents to the City [f SL Paul when seeking to enter 0nk]the property to construct or otherwise maintain the easements as outlined herein. 4 The terms and prov and inure to the bene fit of the heirs, representativE and shall be binding on all future owners of all or a covenants running with the land. References here shall mean all of them. Each party hereby agrees all liability arising from the actions of the other and sions of this Agreement shall be binding on s, successors and assigns of the parties hereto ny part of the property and shall be deemed in to Landowner, if there be more than one, to hold the other party harmless from any and shall indemnify any other party for any costs incurred by another party as a result of another party' 5. Notices. Whenever it shal 0r demand b8 given or served bveither shall be delivered personally ormailed forth Uy certified mail. Such notice order personally Or when deposited iD the mail parties hereto for such mail purposes are address has been given: notice )e required or permitted by this Agreement that rty to or on the other party, such notice or demand Jnited States mail to the addresses hereinafter set and shall be deemed timely given when delivered accordance with the above. The addresses of the is follows, until written notice of a change of such As to the Citv of St. Paul: City of St. Paul 15 West Kellogg Boulevard Saint PGu|, MN 55102 the City ofMaplewood: City OfMaplewood 183U County Road BEast Maplewood, MN 55109 Ask]Ramsev{|oun Ramsey County 15 West Kellogg Boulevard Saint Paul, MN 55102 As to the District: Ramsey-Washington K88tnJ 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 vvno8n. July 9, 2007, City Council Meeting 24 STATE {]FMINNESOTA CITY [)FST. PAUL Its and Its )SS COUNTY OF ..... ..... ....... ..... The foregoing instrument was acknow before me this day Of by and the and of the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA COUNTY OF /[)FMAPLEVVOO[) Its Its - - - - The foregoing instrument was acknowledged before mS this _ day Of bv Gnd the and of the City of Maplewood, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. July 9, 2007, City Council Meeting 25 RAMSEY COUNTY gy Its and f.'�relir��7� �Ili•hlx.Y�llrel COUNTY OF )SS The foregoing instrument was acknow by M .%9 Its re me this day of and and behalf of said Ramsey County. Its STATE OF MINNESOTA ) )SS COUNTY OF ) 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 July 9, 2007, City Council Meeting 26 the of Ramsey LAWSON, MARSHALL, McDONALD, GALOWITZ & WOLLE, P.A. Lawyers 10390 39 Street North Lake Elmo, MN 55042 Telephone: (651) 777-6960 (TAG) July 9, 2007, City Council Meeting 27 7. Discussion of Green Overlay District 8. Councilmember Will Rossbach, opened up a discussion with the city council regarding the interest and need to study a Green Overlay District. COUnC|nl8nlb8rROsSb@Ch moved to recommend that the city council direct the City Manager to work with citv staff to investiaate the DOSSibilities and best aDDroaches to look at incorDoratina the Green OverlaV District in the development and building process and the resources to do this. Seconded byCounci|mambnrJunnamann. Ayes - AU ....... ......... ........... ....... ..... M. COUNCIL PRESENTATIONS 1' CmwmciUmenlber Erik HWekhe ....... ..... ....... ..... ....... ..... 8. Cound|0emb8r Rossb@Ch'S critique of the City Manager's Review a. Councilmember Hjelle discussed the Review of the City Manager and Councilmember Rossbach's critique of Greg Copeland. He also mentioned that he had received phone calls from Maplewood residents regarding Councilmember's review of Mr. Copeland. 2' New Ramsey County Dispatch Center a. Councilmember the operations of the center. Councilmember Hjelle commended the Police Chief, Fire Chief and Councilmember Juenemann for the hard work that went into the New Dispatch Center. ~^ ~ Olympics a. Councilmember Juenemann spoke about the Police and Fire personnel that have helped raise and the Torch Run. There would also be a golf tournament in September to help ia8 money for the Special [)|ynlpiCS. Council Gnn vv8ni8d to thank everyone for their participation. 4' Ramsey County League of Local Governments o. COUnCi|n08OObG[ ROaSb8Ch SpOh8 regarding the R8Qna8y County League of L0C@| Governments. The meeting was held in June in North Si. F»8V| and there were 3 different legislative updates. The Fl8nnS8y County League 0fLocal Government has compiled 8 directory that lists the elected Offioio|S in every city in Ramsey County. 5. Johnson Controls 8. Cnuno|member Cave spoke regarding Johnson Controls. She stated Johnson Controls would like to o0nne to the City ofMaplewood to make @ presentation regarding Green construction and she will provide information to the council. July 9, 2007, City Council Meeting 28 6. Sletten & Azure Property Letters Received @. Councilmember Rossbach was following up on the letters the council had received from Beth Sletten and Azure Properties. Mr. Copeland said hR spoke t0 Mr. Schreier, the owner of Azure Properties regarding these issues and told him the City Attorney Kantrud is working on these issues and would be responding [0 Mr. 8chpeier'S8ttoOley. He also said the city is going ho consult with anarbOhSt regarding the wetlands and the trees and will respond b] the concerns expressed in Beth G| r. EUViP3n|OeOtR|ist. Dewey KOnRvvk0is also working On these issues the City Attorney. 7' League mf Minnesota Cities Conference Upd 8. Mayor Longrie updated the council on the League of Minnesota Cities Conference she attended in Duluth which coincidently tied into the discussion tonight regarding Green construction. She also went to a seminar held by the MPCA. The MPCA representatives said they were looking for five model cities regarding storm water runoff that could qualify for grant money. She thinks the City of Maplewood should pursue being one of the five model cities that could get grant money associated with the storm water runoff. 8' K0PCA Violations Update - Mayor --n said she had received - violation -— notice in the -- from the MP- ' which she passed along to Mr. Copeland. Mayor Longrie requested that he update the council regarding this issue. Mr. Copeland asked Mr. Ahl if he had any further information regarding this. Mr. Ahl said a number of cities received these violations. It appears that the MPCA discovered the permits that the city had applied for didn't get processed and from the permits. Mr. /\h| assured the council everything to meet the requirements. He said Erin L8b8nR8 from the Public Department, will have something this week so the city will meet the deadlines. 9' Impaired Lakes 8. Mayor Longrie said she noticed the machines harvesting weeds on Lake Phalen and that reminded her of the citizens who live around Keller Lake who would like to work together with the Environmental and Natural Resources Commission to come up with solutions for the impaired vvaL8r in Keller Lake. 10. Environment Utility Fund (EUF) 8. Mayor Longhe stated that she had spoken about the Environment Utility Fund earlier in the meeting. July 9, 2007, City Council Meeting 29 N. ADMINISTRATIVE PRESENTATIONS Mr. Roberts reminded the city council that the Annual City Tour is Monday, July 30, 2007, from 5:30 — 8:30 p.m. and to RSVP to Community Development. Mayor Longrie adjourned the meE July 9, 2007, City Council Meeting 30 Agenda Item G1 I I m To: Greg Copeland, City Manager Fran: David J. Thomalla, Chief of Police Date: July 19, 2007 Re: Lieutenant Kvam's Acceptance to FBI National Academy 1 am proud to inform you that Lieutenant Dave Kvam has been accepted to attend the FBI National Academy in Quantico, Virginia, this fall. The FBI National Academy is a professional course of study for U.S. and international law enforcement leaders that serves to improve the administration of justice in police departments and agencies at home and abroad and to raise law enforcement standards, knowledge, and cooperation worldwide. Its mission is "to support, promote, and enhance the personal and professional development of law enforcement leaders by preparing them for complex, dynamic, and contemporary challenges through innovative techniques, facilitating excellence in education and research, and forging partnerships throughout the world." The National Academy training consists of ten weeks and is held four times a year. Classes of approximately 250 officers take undergraduate and/or graduate college courses on the Quantico, Virginia, campus in the following areas: Law, Behavioral Science, Forensic Science, Leadership Development, Communication, and Health /Fitness. Officers participate in a wide range of leadership and specialized training; and they share ideas, techniques, and experiences with each other, creating lifelong partnerships that span state and national lines. The training, lodging, and transportation costs are provided by the FBI. The only cost to the City is that of incidental expenses and uniforms. Attendees are chosen from a list of applicants, and applicants often wait several years before selection to attend. Only 4 -8 officers in Minnesota are chosen each year to attend. Lieutenant Kvam is the eighth Maplewood officer to attend the FBI National Academy in the history of the Department. Agenda Item H1 TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Ferndale-Geranium Area Street Improvements, City Project 07-14 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) c. Resolution Approving Plans and Specifications and Advertising for Bids d. Resolution Ordering Preparation of Assessment Roll e. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for August 27 th , 2007. DATE: July 11, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, July 23, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the July 9 2007 city council meeting. The study included information on the proposed improvement, proposed financing and probable assessments. The city council will consider ordering the improvement following the public hearing. Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Wednesday, August 22, 2007 at city hall. The City Council will consider the approval of the plans and the advertisement for bids, the ordering of the preparation of the assessment roll and then the approval of the assessment roll. After the assessment roll is approved, an assessment hearing can be ordered for August 27 2007. The award of bid would be considered by the city council at the August 27, 2007 city council meeting after the assessment hearing is conducted. Background The city council ordered the preparation of this feasibility study at the June 11 2007 regular meeting. On July 9 2007 the city council accepted the feasibility report and ordered the public hearing. Street improvements for this neighborhood were listed on the city's capital improvements project plan for 2008 but the city council is now considering the project for 2007. The project involves the complete reconstruction of approximately 1.2 miles of residential streets and affects approximately 128 properties. The majority of streets in the project area have existing concrete curb that may only be partially reconstructed depending on the required utility work and existing curb condition. The section of Geranium Avenue between Ferndale and Century has no existing curb. This section is proposed to utilize a full barrier curb and gutter street design. The rainwater garden program and driveway replacement program will be utilized for this project. Storm sewer improvements along with sanitary sewer repairs are proposed. Watermain is proposed to be installed along Geranium Avenue between Ferndale and Century, including service lines, gate valves, and hydrants. Agenda Item H1 A neighborhood meeting was held on July 1 9th ,2OO7 to discuss the proposed project with residents. At this meeting the residents were provided with on overview Of the proposed project 8ndthe3tneetr8COnStruotion process. They were also given the opportunity tV ask any questions they had regarding the project. The proposed project schedule anticipates construction beginning as early as September 2007 and completion of the project in November of 2007. Only costs related to the street improvements are proposed hnbe assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method Vf assessment is the same as was outlined in the feasibility study. The pnOp0SSd assessments will be for costs relating to the street and utility improvements to the benefiting properties abutting the project Gtr88Ls. The assessments for the street and storm are shown below. The assessment rate for new watermain, currently being proposed along Geranium Avenue east of Fernd8|e, iS also shown below. Residential Rates: * $4 /unit for full street reconstruction (adding 0r replacing curb &gutbeh. ° $3,700 /unit for partial street reCVnGinJ[tk]n (utilizing existing curb & gutter). * $4,1U0 /unit for new vvatenn8in insL8||8UOn * $820 /unit for storm sewer assessment. COmrD8[Cka| Or k8UKiF@nlik/ Rates: ~ $99.20 /Front Ft. for full street reconstruction (adding or replacing curb & gutter). ~ $74.00 /Front FL for partial street reconstruction (utilizing existing curb &gutbr\. * $184O/Front Ft. for storm sewer assessment. The total amount proposed LVb8 assessed iS$541.127.2U. Budget Impact The total project bVdQEt as reported in the feasibility study is $1,038.400. The project budget will not b8 affected at this time. The funding sources are the same as those outlined in the feasibility report. It is recommended that the city council approve the attached resolutions for the Ferndale-Geranium Area Street Improvements, City Project OY-14:CJnd8hn0theinnprov8nn8nLVfLh8F8rnd8ke'G8n8niVrnAr8a Streets, Approving Plans and Advertising for Bids, Ordering the Preparation of the Assessment Roll, and Accepting the Assessment Roll and Ordering the Assessment Hearing. Attachments: I . Resolution Ordering Improvement After Public Hearing z Resolution Approving Plans and Specifications and Advertising for Bids 3. Resolution Ordering the Preparation or Assessment Roll 4. Resolution Accepting the Assessment Roll and Ordering the Assessment Hearing u. Pending Assessment Ron s. Location Map RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, 8 resolution Cf the city council adopted the 9th day Of July, 2007, fixed 8 date for 8 council hearing on the proposed street improvements for the Ferndale-Geranium Area Street Improvements, City Project 07-14. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held 0n July 23nd.2007, and the council has heard all persons desiring tOb8 heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOO1 MINNESOTA, as follows: 1. That itiSnecessary, and feasible, 8S detailed in the feasibility report, that the City 0fMaplewood nn8k8 improvements to Fernd8|8-G8n8n|Unn Area SLn8Et |nnpn}v8nn8ntS, City Project 07- 14. 2. Such improvement is hereby ordered 88 proposed in the council resolution adopted the 23rd day 0f July 2OO7. RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS VVHERE/\G, pursuant to re8n|uU[m passed by the city council on JVk/ 23rd. 2007. plans and specifications for Ferndale-Geranium Area Stree Improvements, Project O7-14 been prepared bv(or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. Such plans and specifications, 8 copy Of which are attached hereto and made 8 part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin 8n advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall bR published twice, @t least ten days before the date set for bid opening, shall specify the work tobe done, shall state that bids will be publicly opened and considered by the council aL1O:UO8.nn.0n the 22nd day 0f August, 2UO7 the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27th, 2007. RESOLUTION WHEREAS, the city clerk and city engineer will receive bids for the Ferndale-Geranium Area Street |QnpnJv8QD8Ota. City Project O7-14. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL (}FMAPLEVVOOO, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece Vr parcel Vf land abutting onthe streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction Of the council, prepared 8n assessment roll for the Ferndale-Geranium Area Street Improvements, City Project 07-14. and the said assessment roll iS0n file inthe office 0f the city engineer. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVOOD. 1. A hearing shall b8 held 0n the 27Lh day 0f August, 20O7.8L the city hall 817:O0p.nn.L0pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such oS383snoent. 2. The city clerk iS hereby directed to cause 8notice of the hearing Onthe proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area b]be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. FERNDALE - GERANIUM AREA STREET IMPROVEMENTS ASSESSMENT INFORMATION CITY PROJECT 07 -14 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE MULTI - FAMILY FRONT FOOTAGE STORM ASSESSMENT' WATERMAIN ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 252922110052 2728 GERANIUM 0 CENTURY AVE N 350 $5,740.00 $34,720.00 $40,460.00 252922120016 JOHN D NICKOLAUS 1146 EVAR ST 30 NIA $2,220.00 $2,220.00 252922120015 TAMARA J WESTPHALL 1142 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120046 GARY E ERICKSON 1144 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120071 SAMUEL A RIVARD 1147 EVAR ST N 28 NiA $2,072.00 $2,072.00 252922120045 DOLORES C MCCORMICK TRUSTEE 1148 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120070 DOLORES L REESE 1149 EVAR ST N 23 NIA $2,072.00 $2,072.00 252922120017 TERRI J DAVIS 1152 EVAR ST N 30 N/A $2,220.00 $2,220.00 252922120044 SUZANNE H ODONNELL 1154 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120018 ROY E GINN 1156 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120043 MARIANNE DAVIDSON 1158 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120019 ESTER KATHLEEN QUINLEY 1162 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120042 JMW INVESTMENTS LLC 1164 EVAR ST N 30 NiA $2,220.00 $2,220.00 252922120020 FRED M GORKA 1166 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120041 NADIA KAMARA LEWIS 1168 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120086 THOMAS M WIND 1127 FERNDALE AVE 1 NIA $3,700.00 $3,700.00 252922120001 JEFF J MCCLURE 0 FERNDALE ST N NIA $0.00 252922130066 ANDREW J BLOOMQUIST 0 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120118 JAMES F WEINGARTZ 1091 FERNDALE ST N 1 NIA $3,700 -00 $3,700.00 252922120117 ROBERT E WARN 1101 FERNDALE ST N 1 NiA $3,700.00 $3,700.00 252922110061 JOHN C CAPISTRANT 1106 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120116 THOMAS G MUELLNER SR 1111 FERNDALE ST N 50 NIA $3,700.00 $3,700.00 252922110054 TRACY K ROY 1112 FERNDALE ST N 1 N/A $3,700.00 $3,700.00 252922120115 THOMAS G MUELLNER SR 1113 FERNDALE ST N 50 NIA $3,700.00 $3,700.00 252922110033 KATHERINE ANN WORMLEY 1122 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110032 KENNETH H DUROSE 1124 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120176 BRUCE D JOHNSON 1133 FERNDALE ST N 1 NiA $3,700.00 $3,700.00 252922120175 BRANDON L GARZA 1139 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120174 JOSEPH A HAINES 1145 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120173 DAVID C BAHL 1151 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110014 BRION A BOHN 1156 FERNDALE ST N 1 NIA $3,700 -00 $3,700.00 252922120172 ROBERT P DAAS 1157 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120171 EILEEN M ANZALDI 1165 FERNDALE ST N 1 N/A $3,700.00 $3,700.00 252922110013 RONALD BRYAN SUITER 1168 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110012 GABRIEL PEREZ RESENDEZ 1180 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110011 THOMAS CHUE TONG LOR 1164 FERNDALE ST N 1 NIA $3,700 -00 $3,700.00 252922110031 NELSON J GEBBEN 2638 GERANIUM AVE 1 $820.00 $4,100.00 $4,960.00 $9,880.00 252922110029 LAWRENCE R SCHULER 2648 GERANIUM AVE 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110030 LAWRENCE R SCHULER 2648 GERANIUM AVE 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922120159 JOSHUA S RINKE 2504 GERANIUM AVE E 37 NIA $2,738.00 $2,738.00 252922120064 ROBERT O WELTY 2505 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120158 ANN M BOETTCHER 2506 GERANIUM AVE E 37 NIA $2,738.00 $2,738.00 252922120077 NANCY C KELLER 2507 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120157 LEON F AXTMAN 2510 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120065 RICK ANDERSON 2511 GERANIUM AVE E 28 NiA $2,072.00 $2,072.00 2 5292 21 2 01 56 EMILY ANNE LARSEN 2512 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120076 GEORGIANNA E KEMPER 2513 GERANIUM AVE E 23 NIA $2,072.00 $2,072.00 252922120154 GREGORY HOCKING 2514 GERANIUM AVE E 31 N/A $2,294.00 $2,294.00 252922120066 CECILE I MALACK 2515 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120155 STERLING GLEN HOMEOWNERS ASSOC 2516 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120075 COLLEEN M WHELAN 2517 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120074 LOIS J LAITINEN 2521 GERANIUM AVE E 28 NiA $2,072.00 $2,072.00 252922120067 COLLEEN M CONNOLLY 2523 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120073 RODRIGUEZ INVESTMENT PROP LLC 2525 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120068 EDWARD M WEGWERTH 2527 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120072 VICKY L SARNER 2531 GERANIUM AVE E 30 NIA $2,220.00 $2,220.00 252922120069 DIANE L MILLER 2533 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120188 JEFFREY E VINER 2563 GERANIUM AVE E 1 NIA $3,700.00 $3,700.00 252922120185 ALICE M SCHROEDER LE 2583 GERANIUM AVE E 1 NIA $3,700.00 $3,700.00 252922120186 CAROL J MILLAR 2591 GERANIUM AVE E 50 N/A $3,700.00 $3,700.00 252922120187 SALLY J EVANS 2593 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922120088 THOMAS G MUELLNER SR 2597 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922120087 THOMAS G MUELLNER SR 2599 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922110015 DANIEL K HAAKINSON 2627 GERANIUM AVE E 1 NiA $4,960.00 $4,960.00 252922110016 THEODORE V CARLSON 2637 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110017 MARILYN DEMOULLY 2645 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110018 EDWARD R RANG 2657 GERANIUM AVE E 3 $2.460.00 $12,300.00 $14,880.00 $29,640.00 252922110028 TIMOTHY I FLEISCHHACKER 2666 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110027 JOSEPH MISKE 2674 GERANIUM AVE E 1 $820.00 $4,100.00 $4,960.00 $9,880.00 252922110026 ROGER R GUND III 2682 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110019 DENNIS W KERSKA 2683 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110020 DAVID A DRUMMOND 2691 GERANIUM AVE E 1 $820.00 $4,100.00 $4,960.00 $9,880.00 252922110025 SCOTT D ANDERSON 2692 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110024 ALLAN SKY HUELSMAN 2700 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110021 MARY JANE SCHULER 2701 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922110060 STEVEN R WENSMAN 2707 GERANIUM AVE E 1 $820.00 $4.100.00 $4,960.00 $9,880.00 252922120003 KATHLEEN M FLANAGAN 1189 GLENDON ST 1 NIA $3,700.00 $3,700.00 252922120002 JEFFREY MCCLURE 1197 GLENDON ST 1 NIA $3,700.00 $3,700.00 252922120184 SALVADOR J FERROZZO 1124 GLENDON ST N 50 NiA $3,700.00 $3,700.00 252922120183 LINDA S FREY 1126 GLENDON ST N 50 NIA $3,700.00 $3,700.00 1 of 2 FERNDALE - GERANIUM AREA STREET IMPROVEMENTS ASSESSMENT INFORMATION CITY PROJECT 07 -14 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE MULTI - FAMILY FRONT FOOTAGE STORM ASSESSMENT' WATERMAIN ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 252922120182 TIMOTHY P KENNEDY 1134 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120012 ROXANNE MAGEE 1135 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120181 RICHARD K GILBERT 1140 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120011 BILL ACRES 1145 GLENDON ST N 1 NIA $3,700 -00 $3,700.00 252922120180 MARTIN N CARLSON 1146 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120179 JAMES J VERNSTROM 1150 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120010 TERRANCE M STREHLO 1153 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120178 JEFFREY T BOSTON 1158 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120009 MICHAEL J NOVAK 1159 GLENDON ST N 1 NIA $3,700 -00 $3,700.00 252922120177 GARY G SJERVEN 1166 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120006 PAUL B GEORGE 1167 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120005 BRUCE A SCHLEICHER 1175 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120004 DOREEN E WILLIAMS 1163 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120032 MARGARET H GOODSON 2504 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120061 BETTY J BEANE 2505 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120029 THOMAS G CASPERSON 2506 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120048 COLLEEN A NAUGHTON 2507 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120033 BARBARA J RAAEN 2510 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120049 ROBERTA K GOESS 2511 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120028 MARGARET E FERGUSON 2512 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120060 ALMA E JARVINEN 2513 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120034 DONALD M MCNEA 2514 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120050 GERRI A CLARKIN L E 2515 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120027 MARK J SCHREIER 2516 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120059 ANNE M BRUCKER 2517 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120035 THERESA BEHNKE 2520 ROSE AVEE 30 NIA $2,220.00 $2,220.00 252922120051 RUTH A STAUS 2521 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120026 LOIS L LYNCH 2522 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120058 SEAN M MCCARTY 2523 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120036 KENYON S LATHAM JR 2524 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120052 MICHAEL LOUIS MILLER SR 2525 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120025 ALEMAYEHU WAYESSA 2526 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120057 RICHARD L GILL 2527 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120037 LAURA L LINROTH 2530 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120053 DENNIS K SCHACHT 2531 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120024 NANCY L WHITE 2532 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120056 LON M PETERS 2533 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120038 MYRON H LARSON 2534 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120054 CRISTI J TORGERSEN 2535 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120023 SHAJIULLAH KHAN 2536 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120055 PHILLIP T DEMMA 2537 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922139065 RICHARD E WEINHOLD 2615 STILLWATER RD 1 NIA $3,700.00 $3,700.00 252922140001 DAVID Y CHANG 2627 STILLWATER RD E 217 NIA $21,526.40 $21,526.40 252922110035 ROBERT E DOANE 2637 STILLWATER RD E 109 NIA $10,812.80 $10,812.80 RESIDENTIAL COMMERCIAL STORM WATERMAIN UNITS FRONT ASSESSMENT ASSESSMENT FOOTAGE TOTALS = 54 676.00 $19,680.00 $69,700.00 2007 ASSESSMENT RATES, STREET ASSESSMENT TOTAL ASSESSMENT $451,747.20 $541,127.20 TOTAL = $541,127.20 RESIDENTIAL STORM SEWER = $820.00 /UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.00 /UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.001UNIT COMMERCIAL STORM SEWER = $16.401FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.20IFRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74A01FRONT FOOT NOTES: ' PROPERTIES LABELED - NiA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER CITY PROJECT 73 -14 OR 78 -20 OR BOTH. 2 oft 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 Agenda Item H2 TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Lark/Prosperity Area Street Improvements, City Project 07-15 1. Public Hearing 7:15 pm 2. Resolution Ordering Improvement after Public Hearing (4 votes) 3. Resolution Approving Plans and Advertising for Bids 4. Resolution ordering Preparation of Assessment Roll 5. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for August 27 th , 2007 DATE: July 13, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:15 p.m., Monday, July 23, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the July 9 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. Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Thursday, August 23, 2007 at city hall. Following the approval of the plans and the advertisement for bids, the next step in the improvement process is to order the preparation of the assessment roll and then to approve the assessment roll. After the assessment roll is approved, an assessment hearing can be scheduled for August 27, 2007. The award of bid would be considered by the city council at the August 27, 2007 city council meeting after the assessment hearing is conducted. Background The city council ordered the preparation of this feasibility study at the June 11 2007 regular meeting. On July 9 2007 the city council accepted the feasibility report and ordered the public hearing. Street improvements for this neighborhood were listed on the city's capital improvements project plan for 2008 but the city council is now considering the project for 2007. The project involves the complete reconstruction of approximately 1.7 miles of residential streets and affects approximately 119 properties. The streets in the project area do not have curb and gutter and the design calls for barrier concrete curb and gutter throughout. The rainwater garden program and driveway replacement program will be utilized for this project. Currently about 25% of the residents are requesting a rain water garden as part of the improvements. Major storm sewer improvements along with sanitary sewer spot repairs are proposed. No major watermain work is proposed but improvements are slated for some service lines, gate valves, and hydrants. A neighborhood meeting was held on July 10 2007 to discuss the proposed project with residents. At this meeting the residents were provided with an overview of the proposed project and the street reconstruction process. They were also given the opportunity to ask any questions they had regarding the project. Agenda Item H2 The neighborhood meeting went very well. Property owners appeared very supportive Of moving the project forward and applauded staff for the information provided. Most Of the residents understand the streets program and also are acknowledge the poor condition of their streets and look forward LOthe i[npnJvmOlmDt. They also acknowledge that by advancing the project, thRys8vm0DGDy@sSRsSnl8nt increases that would b8 implemented in20U8. The proposed project SchRdU|e8nUcip8tRScOnGirV[tion beginning aS early 8s September 20UY and completion of the project inNov8nnb8r0f20U7. Only costs related k} the street improvements are proposed tobe assessed and are not directly dependent on the actual amount of the bid, rather Vna predetermined assessment rate established in the city's pavement management policy. The method 0f assessment iS the same 8s was outlined iD the feasibility study. The proposed assessments will be for costs relating to the sLpe8{ and utility improvements to the benefiting properties abutting the project atpeets. The assessments for the street and storm are shown below. Many properties are exempt from the drainage improvement assessment because it was already assessed ina previous city project. The storm sewer assessment is a one time only assessment. Residential Rates: ° $4,960 /unit for full street reconstruction (adding or replacing curb & gutter). 0 $820 /unit for storm sewer assessment. Commercial 8r Multi-Family Rates: ~ $99.20 /Front FL for full street reconstruction (adding or replacing curb & gutter). 0 $16.40/Front Ft. for storm sewer assessment. The total amount proposed tOb8 assessed iS$GQ4.1384O. Budget Impact The total project budgGt@sr8pOd8diDth8f8@sibi|itvStUdyiS$2.790 The project budOetdRtGi|Rdin the city's Capital Improvement Plan is $2,820.000. The budget costs from the feasibility study are still in order and n0 budget adjustments are needed 8t this time. The financing schedule aS reported inthe feasibility study identifies a combination of financing sources including street and storm sewer assessments, sanitary sewer utility fund, environmental utility fund, WAC funds, SPRWS funds, driveway PSp|8CR[nSDt pnJg[GQn fUDdS. and the G.O. Improvement fund. ItiSrecommended that the city council approve the attached resolutions for the Lark/Prosperity Area Street Improvements, City Project O7-15:C)rdehngthe|nnpnovenoent,Aopr0vin8Pksns8nd/\dvertisin8f0rBids Ordering the Preparation of the Assessment Roll, and Accepting the Assessment Roll and Ordering Assessment Hearing. Attachments: 1 Resolution Ordering Improvement After Public Hearing o Resolution Approving Plans and Advertising for Bids a, Resolution Ordering Preparation «/ Assessment Roll 4. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 5, Location Map o Pending Assessment Roll RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, 8 resolution Cf the city council adopted the 9th day Of July, 2007 fixed 8 date for 8 council hearing on the proposed street improvements for the Lark/Prosperity Area Street Improvements, City Project 07-15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held 0n July 23nd.2007, and the council has heard all persons desiring h3b8 heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOO1 MINNESOTA, as follows: 1. That itiSnecessary, and feasible, 8S detailed in the feasibility report, that the City of Maplewood make improvements to Lark/Prosperity Area Street Improvements, City Project O7-15. 2. Such improvement is hereby ordered a3 proposed inthe council resolution adopted the 23rd day Vf July 28U7. RESOLUTION APPROVING PLANS m WHEREAS, pursuant to resolution by the city council on July 23 . 200. plans and specifications for Lark/Prosperity Area Street Improvements, City Project 07-15,have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. Such plans and specifications, oCOpyOfvvhichoneGtb3Chedh8[8t0GOd[n@deGDarth8r9of are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause tobe inserted in the official paper and inthe Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall b8 published twice, aL least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered bv the council GL1O:UO8.nn.0n the 23rd day of August, 2O07,8Lthe city hall and that no bids shall b8 considered unless sealed and filed with the clerk and accompanied by8 certified check orbid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27 th 2007. RESOLUTION WHEREAS, the city clerk and city engineer will receive bids for the Lark/Prosperity Area Street Improvements, City Project 07-15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared 8n assessment roll for the Lark/Prosperity Area Street Improvements, City Project 07-15, and the said assessment roll isOn file in the office of the city engineer. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVOC)D. 1. A hearing shall b8 held onthe 27th day Of August 200Y the city hall at715p.nn.tOpass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk iS hereby directed to cause Gnotice of the hearing Onthe proposed assessment to be published |n the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice nf hearing shall state the date, time and place Cf hearing, the general nature ofthe improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written Vr oral objections will b8considered. I ILJI cERVAis viEw AVE. CT. AVE, Knuckle Hecd Ecke AVE, < D. o Q cn Un UA W _I � Sherwood --- i W RST a < W � _ Co. RD. > B E. BURK AVE. Cn 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 NUR SING H FAIR GR NO SCALE Lark — Prosperity, 07-15 Maplewood, Minnesota Proposed 2007 Construction LARK/PROSPERITY AREA STREET IMPROVEMENTS PENDING ASSESSMENT ROLL CITY PROJECT 07 -15 2007 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $820.00IUNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.001UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.001UNIT COMMERCIAL STORM SEWER = $16.40IFRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.201FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74.001FRONT FOOT NOTES: PROPERTIES LABELED "NIA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER ONE OF THE FOLLOWING CITY PROJECTS: (COPE UTILITIES DP 159. ASSESSED 19711 : (COUNTY DITCH 17 -PROJECT 74 -18. ASSESSED 19781: fFOOTPRINT LAKES TORM -PROJECT 87 -32. ASSESSED 19911 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 102922440037 COPE AVE. PROFESSIONAL BLDG 1714 COPE AVENUE E - 124 N/A S9,176.00 $9,176.00 102922440004 DENNIS R TRAMPE 1736 COPE AVENUE E - 124 NIA $9,176.00 $9,176.00 102922440096 PATRICIA J HAAG 1665 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922430021 CITY OF MAPLEWOOD KENNARD STREET N - - 102922440058 NATHAN BLEYLE 1666 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440044 KEVIN M MCLAFFERTY 1673 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440057 ROBERT A WASILUK 1674 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440045 LAWRENCE J PEIL ETAL 1679 LARK AVENUE E 1 N/A $4,960.00 $4,96090 102922440056 DOROTHY P SLEVA 1680 LARK AVENUE E 1 N/A $4,960.00 $4,96090 102922440046 MARK J CHANNER 1685 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440055 MARJORIE G LEE 1686 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440047 LARRY L BEWLEY 1693 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440054 GLADYSANN SANDSTROM 1694 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440048 WALLACE L NEUMAN 1699 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440053 DARRELL E ANDERSON 1700 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440049 GORDON A ANDERSON ETAL 1705 LARK AVENUE E 1 N/A 54,960.00 $4,960.00 102922440052 JOSEPH A OBRIEN 1706 LARK AVENUE E 1 N/A 54,960.00 $4,960.00 102922440050 SHELLY A LARSON 1713 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440051 SHAWN GREGORY 1714 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440007 TODD BRUNS 1725 LARK AVENUE E 1 NIA $3,700.00 $3,700.00 102922440021 KAREN J TETU 1726 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440008 AMY L SLOPER 1733 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440020 RALPH F RELLER 1734 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440009 MERLYN J ADER 1739 LARK AVENUE E 1 N/A 54,960.00 $4,960.00 102922440019 BERTIN BARRERA QUINTERO 1742 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440010 KEITH M ESALA 1745 LARK AVENUE E 1 NIA S4,960.00 $4,960.00 102922440018 LAWRENCE G JANSEN 1750 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440011 AKINTUNDE ODUWAIYE 1751 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440017 THOMAS E LABEY 1758 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440012 DAVID C SACKET 1759 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440016 JUANITA M GUSTAVSON 1764 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440013 KEVIN L THOMPSON 1765 LARK AVENUE E 1 N/A 54,960.00 $4,960.00 102922440015 FELETI MOIMOI 1774 LARK AVENUE E 1 N/A 54,960.00 $4,960.00 102922440014 JAMES P GLASSEL 1775 LARK AVENUE E 1 NIA $4,960.00 $4,960.00 102922440059 CHRISTINE NOVAK 1665 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922430022 CITY OF MAPLEWOOD LAURIE ROAD E - - 102922440073 DONALD J KAREL 1666 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440060 MARY KAY TRACY 1673 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440072 LORETTA L FARRAR 1674 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440061 ELSIE N ANDERSON 1679 LAURIE ROAD E 1 N/A 54,960.00 $4,960.00 102922440071 BRIAN D RAU 1680 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440062 GERALD D BIBEAU 1685 LAURIE ROAD E 1 NIA S4,960.00 $4,960.00 102922440070 EDITH L WALDVOGEL 1686 LAURIE ROAD E 1 NIA S4,960.00 $4,960.00 102922440063 PHILIP C BURDINE 1693 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440069 JAMES A MCCUSKER 1694 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440064 ROBERT W NIELSEN 1699 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440068 JAMES D NEWTON 1700 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440065 RUSSELL W ANDERSON 1705 LAURIE ROAD E 1 N/A 54,960.00 $4,960.00 102922440067 BETTY C KRENZ 1712 LAURIE ROAD E 1 N/A 54,960.00 $4,96090 102922440066 EDWARD P ROMAN 1713 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440022 JAMES J PRAML 1725 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440034 RICHARD M PRUDEN 1726 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440023 RICHARD F BORK 1733 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440033 JOHN A KLENK 1734 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440024 JEFFREY J LIBEL 1741 LAURIE ROAD E 1 NIA $4,960.00 $4,960.00 102922440025 COLLEEN M GAICHAS 1745 LAURIE ROAD E 1 N/A 54,960.00 $4,960.00 102922440026 THOMAS G VONWALTER 1755 LAURIE ROAD E 1 N/A 54,960.00 $4,960.00 102922440027 ROBERT F PARSONS 2229 PROSPERITY ROAD 1 NIA $4,960.00 $4,960.00 102922440028 LON L FEIA 2223 WHITE BEAR AVE N - 230 N/A $22,816.00 $22,816.00 102922440032 THAI THOA 2215 PROSPERITY ROAD 1 NIA $4,960.00 $4,960.00 102922440031 ROBERT EMERSON 2225 PROSPERITY ROAD N 1 NIA $4,960.00 $4,960.00 102922440030 GROUP HEALTH PLAN INC 2165 WHITE BEAR AVE N - 579 NIA $57,436.80 $57,436.80 102922440029 PATRICK ALLEN OTT 2225 WHITE BEAR AVE N - 176 NIA $17,459.20 $17,459.20 102922430038 ANN M ROGERS 1610 SANDHURST AVE E 1 N/A 54,960.00 $4,960.00 102922430026 BENJAMIN N HICKMAN 1613 SANDHURST AVE E 1 N/A 54,960.00 $4,960.00 102922430037 DONALD L COLBERT ET AL 1616 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430027 JOSEPH L TIMMERS 1621 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430036 ESTHER M HARRIS 1622 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 1 of 2 LARK/PROSPERITY AREA STREET IMPROVEMENTS PENDING ASSESSMENT ROLL CITY PROJECT 07 -15 2007 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $820.001UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.00/UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.001UNIT COMMERCIAL STORM SEWER = $16.40/FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.201FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74.001FRONT FOOT NOTES: PROPERTIES LABELED "NIA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER ONE OF THE FOLLOWING CITY PROJECTS: (COPE UTILITIES DP 159. ASSESSED 19711 : (COUNTY DITCH 17 -PROJECT 74 -18. ASSESSED 19781: fFOOTPRINT LAKES TORM -PROJECT 87 -32. ASSESSED 19911 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 102922430028 RICHARD F CARLE 1627 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430035 ERWIN H YOUNGS 1630 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430029 CHARLES G HOPKINS ETAL 1633 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430030 LEAH KUSTER MCCLARNON 1639 SANDHURST AVE E 1 NIA $4,960.00 $4,96090 102922430034 TONG N YANG 1640 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430031 NOAH A KORBA 1649 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430032 CATHERINE J WALKER 1655 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922430033 JOSE REYES 1656 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440074 WILLIAM GLAMPE 1665 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440086 CARL E BERGLUND 1666 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440075 ARTHUR RINEHART JR 1675 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440085 JAMES M RASSETT 1676 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440076 VIOLET J AMIOT 1689 SANDHURST AVE E 1 NIA 54,960.00 $4,960.00 102922440084 LOIS BERNICE JOHNSON TRUSTEE 1692 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440077 DICK M CALLEN 1695 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440083 YOU HER 1698 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440082 TERENCE J NALDER 1706 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440078 MORTGAGE ELEC REG SYSTEMS INC 1709 SANDHURST AVE E 1 NIA $4,960.00 $4,96090 102922440081 STEVEN A FREEMAN 1714 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440080 CITY OF MAPLEWOOD SANDHURST AVE E - - 102922440079 CITY OF MAPLEWOOD SANDHURST AVE E - - 102922440035 ANTHONY N PIKE 1725 SANDHURST AVE E 1 NIA $4,960.00 $4,960.00 102922440036 JOHN R LAWRENCE 2205 PROSPERITY ROAD N 1 NIA $4,960.00 $4,960.00 102922440087 MARLYCE M JOHNSON 1665 COUNTY ROAD B E 1 NIA $4,960.00 $4,960.00 102922430023 JAMES A KRESSIN 2209 KENNARD STREET N 1 NIA $4,960.00 $4,960.00 152922120013 OPERATIONS ISO 622 1560 COUNTY ROAD B E - 309 NIA $30,652.80 $30,652.80 152922120006 JACQUELINE MARY FRANK 1646 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922120003 KIMBERLY M DIEDRICH 1647 BURKE AVENUE E 1 NIA $4,960.00 $4,96090 152922120004 KATHERINE A OGRADY 1655 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922120007 WILLIAM A OSWALD 1654 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110032 JOHN P MCGARRIGLE 1659 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110042 ALFRED O CLEMEN JR 1662 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110031 D FRANKLIN TOLBERT 1669 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110030 GREGORY A KOLBECK 1675 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110038 GERALD J SOLNITZKY 2121 PROSPERITY ROAD N 1 NIA $4,960.00 $4,960.00 152922110022 MARK E COPHER 1708 BURKE AVENUE E 1 NIA $4,960.00 $4,96090 152922110021 GRACE E LOCKE 1714 BURKE AVENUE E 1 NIA $4,960.00 $4,96090 152922110008 CAROLE E LYNNE 1723 BURKE AVENUE E 1 $820.00 S4,960.00 $5,780.00 152922110020 XIONG S VANG 1724 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110009 JOSHUA S MOGREN 1731 BURKE AVENUE E 1 5820.00 $4,960.00 $5,780.00 152922110019 ERIC A BOYD 1732 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 1 529221 1001 0 JOHN A PECHMANN 1737 BURKE AVENUE E 1 $820.00 $4,960.00 $5,780.00 1 529221 1001 8 ROBERT F KUSTERMAN 1742 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110011 STUART D OLSON 1747 BURKE AVENUE E 1 $820.00 $4.960.00 $5,78090 152922110017 W F FRANTZ 1750 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110012 EDWARD C FLAHERTY 1755 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110016 GREGORY C MOSER JR 1760 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110046 TIMOTHY A HOAAS 1765 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110014 THOMAS M ZANGS 1771 BURKE AVENUE E 1 NIA $4,960.00 $4,960.00 152922110015 SHIRLEY N TREBESH 2125 WHITE BEAR AVE N 1 NIA $4,960.00 $4,960.00 112922330001 JOSEPH L FLEMING 2271 WHITE BEAR AVE N 98 NIA $9,721.60 $9,721.60 RESIDENTIAL COMMERCIAL STORM UNITS FRONT FOOTAGE ASSESSMENT TOTALS= 108 1640 $3,280.00 STREET ASSESSMENT TOTAL ASSESSMENT $690,858.40 $694,138.40 TOTAL = $694,138.40 2of2 AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: July 23, 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: $ 556,633.02 Checks # 72989 thru # 73051 dated 06/27/07 thru 07/03/07 $ 295,809.11 Disbursements via debits to checking account dated 07/02/07 thru 07/05/07 $ 151,716.01 Checks # 73105 thru # 73156 dated 07/11/07 thru 07/17/07 $ 172,002.23 Disbursements via debits to checking account dated 07/06/07 thru 07/12/07 $ 1, 176,160.37 Total Accounts Payable PAYROLL $ 498,563.83 Payroll Checks and Direct Deposits dated 07/13/07 $ 2,689.97 Payroll Deduction check # 1002568 thru # 1002570 dated 07/13/07 $ 501,253.80 Total Payroll $ 1,677,414.17 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 S: \CTY_CLRK\Agenda Lists and Reports 2007\Agenda Reports \07- 23 -07 \I1 Approval of Claims Check Register City of Maplewood 07/0612007 Check Date Vendor 73052 07110/2007 03365 NICK FRANZEN 73053 07110/2007 00908 M R P A 0711012007 00908 M R P A 73054 0711012007 01018 MINNEAPOLIS FINANCE DEPT 73055 0711012007 01360 REINHART FOODSERVICE 73056 0711012007 01504 CITY OF ST PAUL 07/1012007 01504 CITY OF ST PAUL 07/1012007 01504 CITY OF ST PAUL 0711012007 01504 CITY OF ST PAUL 73057 0711012007 01798 YOCUM OIL CO. 73058 0711012007 02971 BERBEE INFORMATION NETWORKS 73059 0711012007 03513 BRIAN BIERDEMAN 73060 0711012007 00211 BRAUN INTERTEC CORP. 73061 0711012007 00279 GEMSTONE PRODUCTS CO. 73062 07/1012007 03904 CHIEF 73063 07/1012007 03874 COMMERCIAL FURNITURE SERVICES 73064 07110/2007 01372 DYNAMEX DELIVERS NOW 73065 07110/2007 00477 ESS BROTHERS & SONS INC 73066 07/1012007 01401 FIRST STUDENT INC 73067 07/1012007 02134 CAROLE GERNES 73068 07110/2007 03906 GOODMANSON CONSTRUCTION, INC. 73069 07110/2007 02506 HUNT ELECTRIC CORP 73070 07/1012007 00483 IDEACOM MID - AMERICA 73071 07/1012007 02995 INTEGRATED LOSS CONTROL INC 73072 0711012007 03905 JAKE'S CITY GRILLE 73073 0711012007 03817 MOLLY J KENNEFICK 73074 07/1012007 00827 L M C I T 73075 07/1012007 00393 DEPT OF LABOR & INDUSTRY 73076 07110/2007 03636 SCOTT LANGNER 07110/2007 03636 SCOTT LANGNER 73077 07/1012007 02336 M A TAYLOR INC 73078 07/1012007 03270 MIKE MILLER/ISN 73079 07110/2007 01088 MN POLLUTION CONTROL AGENCY 73080 07110/2007 01202 NYSTROM PUBLISHING CO INC 73081 07/1012007 00001 ONE TIME VENDOR 73082 07/1012007 00001 ONE TIME VENDOR 73083 07110/2007 00001 ONE TIME VENDOR 73084 07110/2007 00001 ONE TIME VENDOR 73085 07/1012007 00001 ONE TIME VENDOR 73086 07/1012007 03201 JOHN OPHEIM 73087 0711012007 01225 OSWALD HOSE & ADAPTERS 73088 0711012007 03872 PRO STAFF 73089 07/1012007 00396 DEPT OF PUBLIC SAFETY 73090 07/1012007 01931 RAMSEY COUNTY FAIR 73091 07110/2007 01341 RAMSEY CTY FIRE CHIEFS ASSN 73092 07110/2007 03840 REAL LIFE VIDEO 73093 07/1012007 01340 REGIONS HOSPITAL 73094 07/1012007 01397 RYAN PLUMBING & HEATING CO. 73095 07110/2007 01409 S.E.H. 07110/2007 01409 S.E.H. 07/1012007 01409 S.E.H. 07/1012007 01409 S.E.H. 07110/2007 01409 S.E.H. 73095 07110/2007 01409 S.E.H. 07/1012007 01409 S.E.H. 07/1012007 01409 S.E.H. Description Amount REIMS FOR INT & MILEAGE 611 - 713 MEDICA PROGRAM REGISTRATION FEE REGIONAL /STATE TOURNAMENT AUTO PAWN SYSTEM - MAY MDSE FOR RESALE REGISTRATION FEE STREETLIGHT MAINTENANCE MEDICAL SUPPLIES PIP 07 -01 UNLEADED MID GRADE GASOLINE SMARTNET RENEWAL REIMS FOR USPCA MEMBERSHIP 614 PROD 06 -16 PROF SRVS THRU 6115 SIDEWALK WAKEFIELD WEIR STATION BALLISTIC SHIELD FOR VEH #951 OFFICE MOVE FURNITURE & PARTS DELIVERY SERVICE MANHOLE SEALING MATERIALS MCC BUS FEE TO GRAND SLAM EGAN REIMB FOR MILEAGE FEB - JUNE PROD 06 -16 INSTALL SIDEWALK ELECTRIC WORK AT MCC REPLACEMENT PHONE RIGHT -TO -KNOW TRAINING - JULY ESCROW RELEASE - JAKE'S CITY GRILLE RED CROSS INSTRUCTOR 5/12 & 6119 INS QUARTERLY PREMIUM JULY - SEPT MONTHLY SURTAX - JUNE 1995124759 REIMB FOR TUITION 2120 - 4/15 REIMB FOR TUITION 119 - 2/20 FITNESS CONSULTANT FEE ADULT SOFTBALL UMPIRES PROD 04 -21 GLADSTONE REDEV 3121 - CITY NEWSLETTER REFUND L BROZ - MEMBERSHIP -BCBS REFUND N PELTO - MEMBERSHIP REFUND G BENEKE - UCARE BENEFIT REFUND H BRYSON - UCARE BENEFIT REFUND H BRYSON - UCARE BENEFIT REIMB FOR SUPPLIES & MAINT 414 - 713 MISC COUPLINGS FOR TRASH PUMPS TEMP CONTROLLER WEEK END 6124 TRANSFER TITLE OF FORFEITURE RIDE TICKETS FOR DAY CAMP FIREFIGHTER TRAINING VIDEO TECHNICIAN SERVICES - JUNE MEDICAL SUPPLIES REPAIR AT GOODRICH PARK PROD 07 -01 PROF SRVS - MAY PROD 06 -02 PROF SRVS - MAY PROD 06 -17 PROF SRVS - MAY PROD 04 -21 PROF SRVS - MAY PROD 06 -05 PROF SRVS - MAY PROD 05 -25 PROF SRVS - MAY PROJ 02 -07 PROF SRVS - MAY PROF SRVS - MAY 74.59 750.00 450.00 606.00 228.37 1,700.00 1,618.83 1,154.64 1,140.38 18,610.34 2,920.97 40.00 3,861.50 731.92 1,158.74 2,016.75 60.84 4,311.12 226.25 55.24 2,733.74 3,265.80 109.43 713.00 4,007.32 160.00 47,488.00 2,078.05 641.25 497.25 1,500.00 4,870.00 1,425.00 3,212.17 200.00 59.64 16.02 13.02 13.02 368.07 162.09 1,979.20 52.50 200.00 1,500.00 948.90 373.17 1,125.00 64,640.55 11,406.36 7,101.52 5,921.22 2,533.77 1,325.28 1,089.94 802.39 2 Check Register City of Maplewood 07/06/2007 Check Date Vendor Description Amount 07110/2007 01409 S.E.H. PROD 07-09 PROF SRVS -MAY 382,91 07110/2007 01409 S.E.H. PROD 03-04 PROF SRVS - MAY 226,40 0711012007 01409 S.E.H. PROD 04-05 PROF SRVS - MAY 220.50 73096 0711012007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 394.65 73097 0711012007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 473.03 73098 0711012007 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 2,778.80 73099 07/1012007 01574 T.A. SCHIFSKY &SONS, INC PROD 06-16 DESOTO-SKILLMAN PMT #1 275,476.66 07/1012007 01574 T.A. SCHIFSKY &SONS, INC VARIOUS BITUMINOUS MATERIALS 666.73 73100 0711012007 03598 PAUL THEISEN REIMB FOR UNIFORM 6127 55,97 73101 0711012007 01649 TRI-STATE BOBCAT, INC. REAR DISCHARGE MOWER 2,980,94 73102 0711012007 02350 VASKO ROLL-OFF SERVICE DUMPSTER FOR CONSTRUCTION 365.00 73103 0711012007 01750 THE WATSON CO INC MDSE FOR RESALE 187.05 73104 0711012007 03827 WEBQA INC. GOVQA SUBSCRIPTION Q3 1,125.00 501,582.79 53 Checks in this report. 3 CITY OFMAPLEWOOQ Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 00/20/07 87/82/07 yWN State Treasurer 06/29/07 07/02/07 US Bank VISA One Card* 80/20/07 07/02/07 Orchard Trust 06/29/07 07/02/07 U.S. Treasurer 06/20/07 07/02/07 P.E.R.A. 07/02/07 07/03/07 MN State Treasurer 87/82/07 07/03/07 KXidAmehom - |NG 07/02/07 07/03/07 MN State Treasurer 07/02/07 87/83/07 VV| Dept ofRevenue 07/02/07 07/03/07 Labor Unions 87/83/07 07/04/07 MN State Treasurer 07/04/07 07/05/07 yWN Dept ofRevenue TOTAL Drivers License/Deputy Registrar 23.503.88 Credit Card fees 1.243.26 Omfmruad Compensation 22.889.00 Federal Payroll Tax 93.769.06 P. E. 04.202.39 Drivers License/Deputy Registrar 29.882.42 HRA Flex plan 2.011.43 State Payroll Tax 17.968.69 State Payroll Tax 1.107.80 Union Dues 4.596.06 Drivers License/Deputy Registrar 25.655.62 Sales Tax 8.081.08 0 Check Register City of Maplewood 07113/2007 Check Date Vendor Description Amount 73105 0711112007 02464 US BANK FUNDS FOR ATM 8,000.00 73106 0711212007 03909 ST. PAUL POLICE IMPOUND LOT IMPOUNDED DUE TO INCORRECT 141.24 73107 07117/2007 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - JUNE 89.46 73108 0711712007 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - MAY 1, 1124.35 73109 0711712007 00687 HUGO'S TREE CARE INC TREE TRIMMING 692.25 73110 0711712007 01504 CITY OF ST PAUL WIRELESS REPORTING FEE - JULY 3,798.00 0711712007 01504 CITY OF ST PAUL CRIME LAB SERVICES - JUNE 165.00 73111 0711712007 01190 XCEL ENERGY ELECTRIC UTILTIY 12,435.59 0711712007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 6,314.39 0711712007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,233.52 0711712007 01190 XCEL ENERGY ELECTRIC & GAS UTILTIY 1,947.21 0711712007 01190 XCEL ENERGY EQUIP LOAN 494.06 0711712007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 262.96 0711712007 01190 XCEL ENERGY FIRE SIRENS 46.23 73112 0711712007 02780 THE ACTIVE NETWORK INC SAFARI SOFTWARE MAINTENANCE 10,880.63 73113 0711712007 02411 ALEX AIR APPARATUS INC COMPRESSOR SERVICEIMAINT 60134 73114 0711712007 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 6118 - 711 1,157.37 73115 0711712007 00159 PAUL BARTZ REIMS- UNIFORM & SUPPLIES 3119 -6122 187.00 73116 0711712007 03870 BASIAGO LAW OFFICE TITLEWORK 210.00 73117 0711712007 00204 BONESTROO & ASSOCIATES PROF SRVS 4129 - 6123 789.71 73118 0711712007 00230 BRYAN ROCK PRODUCTS, INC. PIP RAP FOR MAILAND POND PROJ 1,010.83 73119 0711712007 02585 CENTRAL INTERNAL MEDICINE CARDIAC STRESS TEST FEE 170.00 73120 0711712007 03399 COLT DEFENSE LLC REGISTRATION FEE 400.00 73121 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 149.10 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 106.50 0711712007 00358 DGM INC. TOW VEHICLE 90.53 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 0711712007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 0711712007 00358 DGM INC. TOW VEHICLE 90.53 73122 0711712007 00500 FEDEX MS BIKEATHOON COUPON 27.30 0711712007 00500 FEDEX DELIVERY 27.30 73123 0711712007 00500 FEDEX SHIPMENT OF PRINTER FOR REPAIR 18.07 73124 0711712007 00545 GFOA SUBSCRIPTION OF ACCTG STANDARDS 175.00 73125 0711712007 00789 KATH FUEL OIL SERVICE CO DIESEL ULTRA LOW #2 DYED 82 16,349.09 73126 0711712007 03908 LHB, INC. PROFESSIONAL SERVICES - MAY 500.00 73127 0711712007 00932 MAPLEWOOD BAKERY MDSE FOR RESALE 312.34 73128 0711712007 02823 JERROLD MARTIN REIMS FOR PARKING 6118 5.00 73129 0711712007 01951 MEDICARE REFUND MEDICARE REFUNDS 1,128.04 73130 0711712007 03910 METRO MECH CONTRACTORS, INC. DUCT WORK IN COUNCIL CHAMBERS 1,820.35 73131 0711712007 00986 METROPOLITAN COUNCIL SAC - MAY 25,125.00 0711712007 00986 METROPOLITAN COUNCIL SAC AUDIT 8,450.00 73131 0711712007 00986 METROPOLITAN COUNCIL SAC-JUNE 6,633.00 73132 0711712007 03462 NELSON DODGE -GMC 2007 GMC CANYON 4X2 EXTENDED CAB 16,680.70 73133 0711712007 00001 ONE TIME VENDOR REFUND N ROTHMEIER - AMB 2687828 1,241.64 73134 0711712007 00001 ONE TIME VENDOR REIMS T OHERN - DRIVEWAY PROJ 06- 427.20 Check Register City of Maplewood 07113/2007 Check Date Vendor Description Amount 73135 73136 73137 73138 73139 73140 73141 73142 73143 73144 73145 73146 73147 73148 73149 73150 73151 73152 73153 73154 73155 73156 I 11 1 1i r r 1 I� 1 11 I 1� r r 1 1� I 11 1 1i r r 1 I� 00001 00001 00001 00001 01269 01269 01289 03872 00396 00396 03907 01359 01387 03889 01463 03911 00198 01538 01574 03912 00529 00529 03194 02879 01757 ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PIPE SERVICES CORP PIPE SERVICES CORP PRAIRIE RESTORATIONS INC PRO STAFF DEPT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY R J THOMAS MFG. CO., INC. REGAL AUTO WASH DETAIL XX DR. JAMES ROSSINI MEGAN SHEEHAN SISTER ROSALIND GEFRE NICK SKOWYRA ST PAUL REGIONAL WATER SRVS STREICHER'S T.A. SCHIFSKY & SONS, INC F. CLAYTON TYLER ATTORNEY AT LAW UNION SECURITY INSURANCE CO UNION SECURITY INSURANCE CO VERNIX FORESTRY CONSULTANTS WASHINGTON COUNTY CABOT WELCHLIN 52 Checks in this report. REFUND D MORRISON - SOFTBALL REIMB T OWENS - SEWER BACK UP REFUND D HAUKAAS - MEMBERSHIP REFUND P MOTTER - PROGRAM PROJ 06 -21 SEWER INSPECTION PROJ 07 -01 SEWER INSPECTION PRESCRIBED BURN @ PRAIRIE FARM - TEMP CONTROLLER WEEK END 711 CJDN QUARTERLY PMT TRAINING REGISTRATION - 3 OFFICERS NO BASE SWVL GRILLS CAR WASH FEE - JUNE FITNESS PROGRAM ADMIN FEE - JUNE YOUTH SOFTBALL UMPIRE MCC MASSAGES - JUNE REIMB FOR BOOTS & ICE 518 - 6126 WATER UTILITY PRACTICE AMMUNITION VARIOUS BITUMINOUS MATERIALS DAMAGE OF J W FLEISCHER VEHICLE LTD PLAN 4043120 -2 JULY STD PLAN 4043120 -1 JULY FORESTER INSPECTIONS/GRANT WORK NOTARY REGISTRATION REIMB FOR MEALS 6125 - 6129 380.00 351.90 36.21 8.00 1,505.00 860.00 166.25 1,979.20 1,920.00 150.00 493.00 97.91 100.00 72.00 2,020.00 79.86 50.24 147.18 671.81 1,000.00 2,723.86 1,516.28 1,236.19 100.00 34.28 I H CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 07/05/07 07/06/07 MN State Treasurer Drivers License /Deputy Registrar 07/06/07 07/09/07 ARC Administration DCRP & Flex plan payments 07/06/07 07/09/07 MN State Treasurer Drivers License /Deputy Registrar 07/09/07 07/10/07 MN Dept of Natural Resources DNR electronic licenses 07/09/07 07/10/07 MN State Treasurer Drivers License /Deputy Registrar 07/10/07 07/11/07 MN Dept of Revenue Sales Tax 07/11/07 07/12/07 MN Dept of Revenue Fuel Tax 07/10/07 07/11/07 MN State Treasurer Drivers License /Deputy Registrar 07/11/07 07/12/07 US Bank VISA One Card* Purchasing card items 07/11/07 07/12/07 MN State Treasurer Drivers License /Deputy Registrar TOTAL *Detailed listing of VISA purchases is attached. Amount 18,943.75 1,417.61 20,120.23 1,376.00 22,701.18 7,372.00 227.60 21,153.72 59,559.50 19,130.64 172,002.23 FA Visa Transaction from 06/27107 to 07/02107 Trans Date Posting Date Merchant Name Trans Amount Name 06126/2007 06/2712007 CUB FOODS, INC. $16.41 MANDY ANZALDI 06127/2007 06/2912007 ORIENTAL TRADING CO $215.30 MANDY ANZALDI 06/29/2007 07/02/2007 TARGET 00011858 $38.49 MANDY ANZALDI 06/25/2007 06/26/2007 MINVALCO INC $181.11 JIM BEHAN 06/27/2007 06/28/2007 HENRIKSEN ACE HARDWARE $6.92 JIM BEHAN 06/27/2007 06/28/2007 API SUPPLY INC $425.46 JIM BEHAN 07/02/2007 07/03/2007 GRAZZINI BROTHERS AND COM $491.00 JIM BEHAN 07/03/2007 07/05/2007 POOLSIDE $61.07 JIM BEHAN 07/03/2007 07/04/2007 DICK'S CLOTHING &SPORTING $26.60 RON BOURQUIN 06/28/2007 06/29/2007 THE UPS STORE #2171 $9.06 DAN BUSACK 06/27/2007 06/29/2007 INNOVATIVE COLOR PRINTING $38.00 HEIDI CAREY 06/29/2007 07/02/2007 THE PERFECT WEDDING GU $60.00 HEIDI CAREY 07/02/2007 07/04/2007 DEX EAST - LOCKBOX $73.00 HEIDI CAREY 07/02/2007 07/04/2007 INNOVATIVE COLOR PRINTING $42.30 HEIDI CAREY 07/03/2007 07/05/2007 TIGER OAKS PUBLICATION $200.00 HEIDI CAREY 07/03/2007 07/04/2007 MENARDS 3022 $9.07 CHARLES DEAVER 07/05/2007 07/06/2007 G & K SERVICES 006 $59.10 CHARLES DEAVER 07/03/2007 07/04/2007 HIGHWAY TECHNOLOGIES #229 $133.94 DAVE EDSON 07/03/2007 07/06/2007 HYDROLOGIC WATER MANAGEME $54.63 DAVE EDSON 06/22/2007 06/25/2007 CUB FOODS #3123 $4.25 LARRY FARR 06/25/2007 06/26/2007 TARGET 00011858 $62.10 LARRY FARR 06/25/2007 06/27/2007 THE HOME DEPOT 2801 $44.59 LARRY FARR 06/27/2007 06/28/2007 IAI *IDEA ART $88.24 LARRY FARR 06/27/2007 06/28/2007 WW GRAINGER 938 $128.05 LARRY FARR 06/27/2007 06/28/2007 WW GRAINGER 938 $17.38 LARRY FARR 06/28/2007 07/02/2007 WW GRAINGER 768 $17.21 LARRY FARR 07/02/2007 07/03/2007 WMS *WASTE MGMT WMEZPAY $358.22 LARRY FARR 07/02/2007 07/03/2007 WMS *WASTE MGMT WMEZPAY $441.83 LARRY FARR 07/02/2007 07/03/2007 WMS *WASTE MGMT WMEZPAY $902.76 LARRY FARR 07/02/2007 07/04/2007 MINNESOTA ELEVATOR INC $449.00 LARRY FARR 07/04/2007 07/05/2007 MENARDS 3022 $19.87 LARRY FARR 07/05/2007 07/06/2007 G & K SERVICES 006 $550.76 LARRY FARR 07/05/2007 07/06/2007 G & K SERVICES 006 $214.88 LARRY FARR 07/05/2007 07/06/2007 TRUGREEN CHEMLAWN $792.36 LARRY FARR 07/05/2007 07/06/2007 WW GRAINGER 768 $327.72 LARRY FARR 06/28/2007 07/02/2007 VERIPIC $2,590.00 MYCHAL FOWLDS 06/28/2007 07/02/2007 ELECTRO WATCHMAN INC $1,120.38 MYCHAL FOWLDS 06/28/2007 07/02/2007 INSIGHT PUBLIC SECTORS $4,268.81 MYCHAL FOWLDS 06/30/2007 07/02/2007 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 07/03/2007 07/04/2007 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 06/27/2007 06/29/2007 DELL MARKETING L.P. $1,472.55 NICK FRANZEN 07/02/2007 07/04/2007 INSIGHT PUBLIC SECTORS $490.56 NICK FRANZEN 07/04/2007 07/05/2007 HP SERVICES $66.03 NICK FRANZEN 06/21/2007 06/25/2007 OFFICE DEPOT #1090 $93.92 PATRICIA FRY 06/25/2007 06/26/2007 PAKOR INC $421.88 PATRICIA FRY 06/21/2007 06/25/2007 THE HOME DEPOT 2801 $101.02 VIRGINIA GAYNOR 06/29/2007 07/02/2007 THE HOME DEPOT 2801 $33.78 VIRGINIA GAYNOR 06/30/2007 07/02/2007 CUB FOODS, INC. $22.06 CLARENCE GERVAIS 06/22/2007 06/25/2007 MICHAELS #2744 $12.14 JEAN GLASS 06/22/2007 06/25/2007 PETSMART 00004614 $62.35 MIKE GRAF 06/28/2007 07/02/2007 ARAMARK REF SVS #6013- $397.53 MIKE GRAF 07/03/2007 07/04/2007 SPRINT AQUATICS $143.50 MIKE GRAF 07/03/2007 07/05/2007 STREAMLINE DESIGN INC $336.00 MIKE GRAF 07/05/2007 07/06/2007 CLOVER SUPER FOODS $203.17 MIKE GRAF 07/05/2007 07/06/2007 CLOVER SUPER FOODS $245.12 MIKE GRAF 06/28/2007 06/29/2007 LILLIE SUBURBAN NEWSPAPE $24.95 JANET M GREW HAYMAN 07/04/2007 07/06/2007 VERIZON WRLS M3097 -01 $165.05 KAREN E GUILFOILE 06/26/2007 06/28/2007 THE HOME DEPOT 2801 $3.93 MARK HAAG 06/24/2007 06/25/2007 HENRIKSEN ACE HARDWARE $11.12 PATRICK HEFFERNAN 06/25/2007 06/26/2007 MENARDS 3059 $34.04 PATRICK HEFFERNAN 06/30/2007 07/02/2007 OFFICE MAX $16.82 PATRICK HEFFERNAN 06/30/2007 07/02/2007 MENARDS 3059 $13.96 PATRICK HEFFERNAN 0 Visa Transaction from 06/27107 to 07/02107 Trans Date Posting Date Merchant Name Trans Amount Name 07101/2007 07/0212007 TARGET 00011858 $10.64 PATRICK HEFFERNAN 07102/2007 07/0412007 OFFICE MAX ($16.82) PATRICK HEFFERNAN 07/05/2007 07/06/2007 CLAREY'S SAFETY EQUIPM $45.74 PATRICK HEFFERNAN 06/28/2007 07/02/2007 HYDROLOGIC WATER MANAGEME $309.81 GARY HINNENKAMP 06/21/2007 06/25/2007 MILLS FLEET FARM #27 $31.92 RON HORWATH 06/21/2007 06/25/2007 MILLS FLEET FARM #27 $31.92 RON HORWATH 06/23/2007 06/25/2007 CUB FOODS, INC. $55.12 ANN E HUTCHINSON 06/26/2007 06/27/2007 KNOWLANS #2 $9.54 ANN E HUTCHINSON 07/01/2007 07/04/2007 DE LADE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 06/19/2007 06/29/2007 DALCO ENTERPRISES, INC $80.56 DAVID JAHN 06/28/2007 07/02/2007 AEI ELECTRONICS CENTER $205.45 DAVID JAHN 06/21/2007 06/25/2007 THE HOME DEPOT 2801 $23.30 DON JONES 06/24/2007 06/26/2007 MILLS FLEET FARM #27 $114.99 DON JONES 07/03/2007 07/05/2007 VANCE BROTHERS INC $273.17 DON JONES 06/28/2007 07/02/2007 GOODYEAR AUTO SRV CT 6920 $44.00 FLINT KARIS 06/21/2007 06/25/2007 THE HOME DEPOT 2801 $11.15 DUWAYNE KONEWKO 06/26/2007 06/27/2007 CUB FOODS, INC. $106.98 DUWAYNE KONEWKO 07/01/2007 07/02/2007 VZWRLSS"APOCC VISN $66.85 DUWAYNE KONEWKO 07/02/2007 07/03/2007 CTO *GOTOMYPC.COM $19.95 ERIN M LABEREE 06/23/2007 06/25/2007 WOLF CAMERA #1546 $21.47 MICHAEL LIDBERG 06/23/2007 06/25/2007 FRATTALLONE'S ACE HDWE $32.21 MICHAEL LIDBERG 06/30/2007 07/02/2007 WOLF CAMERA #1541 $26.74 MICHAEL LIDBERG 06/21/2007 06/25/2007 THE HOME DEPOT 2801 $30.27 DENNIS LINDORFF 06/27/2007 06/28/2007 MENARDS 3059 $224.16 DENNIS LINDORFF 06/28/2007 07/02/2007 MILLS FLEET FARM #27 ($65.14) DENNIS LINDORFF 06/28/2007 07/02/2007 MILLS FLEET FARM #14 $96.79 DENNIS LINDORFF 06/28/2007 07/02/2007 MILLS FLEET FARM #27 $439.36 DENNIS LINDORFF 06/22/2007 06/25/2007 ANCOM COMMUNICATIONS INC $221.52 STEVE LUKIN 06/24/2007 06/25/2007 DAIRY QUEEN #13443 Q68 $6.16 STEVE LUKIN 06/25/2007 06/26/2007 DAIRY QUEEN #13443 Q68 $4.57 STEVE LUKIN 06/25/2007 06/26/2007 CEDARS LOUNGE $23.55 STEVE LUKIN 06/25/2007 06/27/2007 SUPERAMERICA 4758 Q64 $40.49 STEVE LUKIN 06/26/2007 06/27/2007 DAIRY QUEEN # 11209 Q68 $4.56 STEVE LUKIN 06/26/2007 06/28/2007 SAWMILL INN $129.22 STEVE LUKIN 06/29/2007 07/02/2007 AIRGAS NORTH CENTRAL $955.88 STEVE LUKIN 07/03/2007 07/05/2007 ANCOM COMMUNICATIONS INC $4,760.00 STEVE LUKIN 07/03/2007 07/05/2007 HER0247 ITC 8004804821 $302.00 STEVE LUKIN 06/21/2007 06/25/2007 ON SITE SANITATION INC $289.68 MARK MARUSKA 06/29/2007 07/02/2007 LESCO SC 0530 $370.62 MARK MARUSKA 07/03/2007 07/04/2007 HENRIKSEN ACE HARDWARE $607.97 MARK MARUSKA 07/05/2007 07/06/2007 G & K SERVICES 006 $311.32 MARK MARUSKA 06/23/2007 06/25/2007 QWESTCOMM*TN651 $57.82 ROBERT MITTET 06/26/2007 06/28/2007 OFFICE DEPOT #1090 $346.11 ROBERT MITTET 07/02/2007 07/03/2007 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 06/29/2007 07/02/2007 OFFICE MAX $208.72 ED NADEAU 07/02/2007 07/04/2007 METROCALL ARCH WIRE $15.93 ED NADEAU 07/02/2007 07/04/2007 PUMP AND METER SERVI $304.68 ED NADEAU 06/27/2007 06/28/2007 CERTIFIED LABORATORIES $437.44 BRYAN NAGEL 06/28/2007 07/02/2007 STEPP MANUFACTURING CO IN $26.09 BRYAN NAGEL 06/06/2007 06/26/2007 OFFICE DEPOT 1135 ($56.97) AMY NIVEN 06/22/2007 06/25/2007 OFFICE DEPOT #1090 $172.71 AMY NIVEN 07/05/2007 07/06/2007 G & K SERVICES 006 $830.76 AMY NIVEN 07/05/2007 07/06/2007 G & K SERVICES 006 $255.61 AMY NIVEN 07/05/2007 07/06/2007 G & K SERVICES 006 $115.64 AMY NIVEN 06/22/2007 06/25/2007 QWESTCOMM*TN651 $18.12 MARSHA PACOLT 06/22/2007 06/25/2007 OFFICE DEPOT #1090 $29.61 MARY KAY PALANK 06/28/2007 07/02/2007 OFFICE DEPOT #1090 $13.16 MARY KAY PALANK 06/26/2007 06/28/2007 BLUE RIBBON BAIT & TACKLE $15.92 ROBERT PETERSON 06/21/2007 06/25/2007 OFFICE MAX $21.29 PHILIP F POWELL 07/02/2007 07/04/2007 ARMOR HOLDINGS F001 OF 01 $213.69 PHILIP F POWELL 07/03/2007 07/05/2007 RAINBOW FOODS 00088617 $11.38 PHILIP F POWELL 07/05/2007 07/06/2007 STREICHERS INC $151.44 PHILIP F POWELL 0 Visa Transaction from 06/27107 to 07/02107 Trans Date Posting Date Merchant Name Trans Amount Name 06123/2007 06/2512007 BOUND TREE MEDICAL LLC $358.06 ROBERT PRECHTEL 06125/2007 06/2612007 PHILIPS MEDICAL SYSTEMS $296.64 ROBERT PRECHTEL 0612712007 0612812007 BATTERY TECH CENTRAL ($30.00) ROBERT PRECHTEL 0612912007 07/0212007 BOUND TREE MEDICAL LLC $421.55 ROBERT PRECHTEL 06/29/2007 07/02/2007 GE CAPITAL $331.22 WILLIAM J PRIEFER 07/03/2007 07/03/2007 SPRINT *WIRELESS SVCS $859.19 WILLIAM J PRIEFER 06/21/2007 06/25/2007 KATH AUTO PARTS NSP $65.10 STEVEN PRIEM 06/21/2007 06/25/2007 KATH AUTO PARTS NSP $90.12 STEVEN PRIEM 06/22/2007 06/25/2007 BOYER FORD TRUCKS INC ($401.82) STEVEN PRIEM 06/26/2007 06/28/2007 KATH AUTO PARTS NSP $3.93 STEVEN PRIEM 06/26/2007 06/28/2007 FACTORY MOTOR PARTS #19 $47.97 STEVEN PRIEM 06/27/2007 06/29/2007 TOUSLEY FORD 127200039 $246.19 STEVEN PRIEM 06/28/2007 06/29/2007 PARTS ASSOCIATES INC $122.75 STEVEN PRIEM 06/28/2007 07/02/2007 KATH AUTO PARTS NSP $192.67 STEVEN PRIEM 06129/2007 07/02/2007 WHITE BEAR DODGE INC $52.78 STEVEN PRIEM 06/29/2007 07/02/2007 ZAHL PMC $87.31 STEVEN PRIEM 07/02/2007 07/04/2007 KATH AUTO PARTS NSP $48.88 STEVEN PRIEM 07/02/2007 07/05/2007 AMERICAN FASTENER & SUPPL $14.48 STEVEN PRIEM 07/03/2007 07/04/2007 BAUER BUILT TRE33200023 $760.52 STEVEN PRIEM 07/03/2007 07/05/2007 CUMMINS NPOWER, LLC #100 $299.29 STEVEN PRIEM 07/05/2007 07/06/2007 POMPS TIRE SERVICE $209.81 STEVEN PRIEM 07/05/2007 07/06/2007 POLAR CHEVROLET $158.07 STEVEN PRIEM 06/23/2007 06/25/2007 SPRINT *SPRNTNEXTELIVR $4,226.50 KEVIN RABBETT 06/27/2007 06/28/2007 GRAFIX SHOPPE $720.00 KEVIN RABBETT 06/28/2007 06/29/2007 NAT ASSO OF TOWN WATCH $1,313.60 KEVIN RABBETT 06/28/2007 07/02/2007 SHRED -IT 01 OF 01 $213.12 KEVIN RABBETT 06/29/2007 07/02/2007 GRAFIX SHOPPE $201.29 KEVIN RABBETT 07102/2007 07/04/2007 UNIFORMS UNLIMITED $1,824.72 KEVIN RABBETT 07/03/2007 07/04/2007 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 07/04/2007 07/06/2007 ADVANCED PUBLIC SAFETY $207.33 KEVIN RABBETT 06/20/2007 06/25/2007 DALCO ENTERPRISES, INC $615.04 MICHAEL REILLY 06/22/2007 06/25/2007 HILLYARD INC MINNEAPOLIS $100.26 MICHAEL REILLY 06/27/2007 06/28/2007 HILLYARD INC MINNEAPOLIS $63.86 MICHAEL REILLY 06/29/2007 07/02/2007 MENARDS 3059 $21.17 MICHAEL REILLY 06/22/2007 06/25/2007 TARGET 00006197 $30.39 AUDRA ROBBINS 06/22/2007 06/25/2007 RAINBOW FOODS 00088617 $77.28 AUDRA ROBBINS 06/26/2007 06/27/2007 WALGREEN 00029363 $15.33 AUDRA ROBBINS 06/26/2007 06/27/2007 MAPLEWOOD PARKS AND RECRE $6.00 AUDRA ROBBINS 06/26/2007 06/28/2007 CAMP MINI POINT ($638.00) AUDRA ROBBINS 06/26/2007 06/28/2007 CAMP MINI POINT $738.00 AUDRA ROBBINS 06/26/2007 06/28/2007 MICHAELS #2744 $188.71 AUDRA ROBBINS 06/27/2007 06/29/2007 COMO TOWN $300.00 AUDRA ROBBINS 06/27/2007 06/29/2007 WONDER/HOSTESS #63 $33.23 AUDRA ROBBINS 06/28/2007 06/29/2007 TARGET 00006197 $9.30 AUDRA ROBBINS 06/28/2007 07/02/2007 RAINBOW FOODS 00088617 $73.46 AUDRA ROBBINS 06/28/2007 07/02/2007 WABASHA STREET CAVES $25.00 AUDRA ROBBINS 07103/2007 07/05/2007 CUB FOODS, INC. $47.89 AUDRA ROBBINS 07/03/2007 07/05/2007 WONDER/HOSTESS #63 $3.22 AUDRA ROBBINS 07/03/2007 07/05/2007 DAVIS LOCK & SAFE $16.51 ROBERT RUNNING 07/03/2007 07/05/2007 THE HOME DEPOT 2801 $48.71 ROBERT RUNNING 06/22/2007 06/25/2007 OFFICE DEPOT #1090 $28.76 HARRIET J RYDEL 06/25/2007 06/26/2007 WAL -MART #2087 $9.15 HARRIET J RYDEL 06/25/2007 06/27/2007 RAINBOW FOODS 00088617 $123.06 HARRIET J RYDEL 06/28/2007 07/02/2007 OFFICE DEPOT #1090 $117.15 HARRIET J RYDEL 06/28/2007 07/02/2007 OFFICE DEPOT #1090 $53.30 HARRIET J RYDEL 06/29/2007 07/02/2007 GE CAPITAL $43.67 HARRIET J RYDEL 06/30/2007 07/02/2007 RADISSON HOTEL DULUTH $212.44 HARRIET J RYDEL 06/30/2007 07/02/2007 RADISSON HOTEL DULUTH $212.44 HARRIET J RYDEL 06/29/2007 07/02/2007 MENARDS 3059 $7.73 JAMES SCHINDELDECKER 06126/2007 06/28/2007 CURTIS 1000 $267.80 DEB SCHMIDT 06/27/2007 06/29/2007 OFFICE DEPOT #1090 $103.25 DEB SCHMIDT 06/28/2007 07/02/2007 OFFICE DEPOT #1090 {$8.43} DEB SCHMIDT m Visa Transaction from 06/27107 to 07/02107 Trans Date Posting Date Merchant Name Trans Amount Name 06129/2007 07/0212007 OFFICE DEPOT #1090 $38.23 DEB SCHMIDT 06121/2007 06/2512007 UNIFORMS UNLIMITED INC $2,130.44 MICHAEL SHORTREED 06/28/2007 07/02/2007 UNIFORMS UNLIMITED INC ($757.71) MICHAEL SHORTREED 06/28/2007 07/02/2007 ARMSTRONG KENNEL $277.97 MICHAEL SHORTREED 07/03/2007 07/05/2007 CUB FOODS, INC. $40.00 MICHAEL SHORTREED 06/27/2007 06/28/2007 T- MOBILE IVR PAYMENT $65.97 ANDREA SINDT 06/27/2007 06/28/2007 T- MOBILE IVR PAYMENT $23.27 ANDREA SINDT 06/28/2007 06/28/2007 SPRINT *NEXTEL -CS $401.74 ANDREA SINDT 07/05/2007 07/06/2007 TARGET 00006940 $7.44 CHRISTINE SOUTTER 06/21/2007 06/25/2007 MIDWAY PARTY RENTAL INC $500.00 PAULINE STAPLES 06/26/2007 06/27/2007 TARGET 00021352 $88.50 PAULINE STAPLES 06/27/2007 06/29/2007 MIDWAY PARTY RENTAL INC $1,288.14 PAULINE STAPLES 07/02/2007 07/04/2007 RAINBOW FOODS 00088617 $37.86 PAULINE STAPLES 07/03/2007 07/05/2007 SHELL OIL 93002840507 $7.18 PAULINE STAPLES 06/22/2007 06/25/2007 STREAMLINE DESIGN INC $915.10 DOUGLAS J TAUBMAN 06/22/2007 06/25/2007 FEDEX KINKO'S #0617 $118.12 DOUGLAS J TAUBMAN 06/29/2007 07/02/2007 S & T OFFICE PRODUCTS $366.05 DOUGLAS J TAUBMAN 07/01/2007 07/02/2007 T- MOBILE RECURRING PMT $107.98 DOUGLAS J TAUBMAN 07/03/2007 07/04/2007 TARGET 00022004 $12.76 DOUGLAS J TAUBMAN 07/03/2007 07/04/2007 WALGREEN 00016873 $13.82 DOUGLAS J TAUBMAN 07/04/2007 07/06/2007 SUPERAMERICA 4371 Q64 $4.49 DOUGLAS J TAUBMAN 06/21/2007 06/25/2007 STREAMLINE DESIGN INC $1,080.00 JAMES TAYLOR 06/21/2007 06/25/2007 STREAMLINE DESIGN INC $540.00 JAMES TAYLOR 06/21/2007 06/25/2007 STREAMLINE DESIGN INC $1,240.00 JAMES TAYLOR 06/21/2007 06/25/2007 STREAMLINE DESIGN INC $270.00 JAMES TAYLOR 06/21/2007 06/25/2007 STREAMLINE DESIGN INC $615.40 JAMES TAYLOR 06/26/2007 06/28/2007 THE HOME DEPOT 2801 $24.22 TODD TEVLIN 06/28/2007 06/29/2007 DIAMOND VOGEL PAINTS #807 $44.73 TODD TEVLIN 07/03/2007 07/04/2007 DIAMOND VOGEL PAINTS #807 $19.06 TODD TEVLIN 07/03/2007 07/05/2007 THE HOME DEPOT 2801 $7.94 TODD TEVLIN 06/22/2007 06/25/2007 PIONEER PRESS SUBSCRIPTI $40.17 SUSAN ZWIEG 06/22/2007 06/25/2007 ANCOM TECHNICAL CENTER IN $294.00 SUSAN ZWIEG 06/28/2007 07/02/2007 LYNN CARD CO $70.95 SUSAN ZWIEG $59,559.50 m CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 07/13107 CAVE, REBECCA 397.80 07/13/07 HJELLE, ERIK 397.80 07113/07 JUENEMANN, KATHLEEN 397.80 07113/07 ROSSBACH, WILLIAM 397.80 07/13/07 COPELAND, EUGENE 3,090.00 07/13/07 RYDEL, HARRIET 1,651.10 07/13/07 FARR, LARRY 1,970.20 07/13/07 PALANK, MANDY 275.00 07/13/07 RAMEAUX, THERESE 2,448.11 07/13/07 iMITTET, ROBERT 3,366.86 071/13/07 ANDERSON, CAROLS 906.17 071/13/07 DEBILZAN, JUDY 1,183.54 07/13/07 JACKSON, MARY 1,928.56 07/13/07 KELSEY, CONNIE 2,171.68 07/13/07 FRY, PATRICIA 1,808.01 07/13/07 GUILFOILE, KAREN 3,491.86 07/13/07 KROLL, LISA 1,597.83 07/13/07 MORSON, JOHN 552.00 071/13/07 SCHMIDT, DEBORAH 2,047.64 071/13/07 SPANGLER, EDNA 855.69 07/13/07 CORTESI, LUANNE 1,123.03 07/13/07 JAGOE, CAROL 1,728.46 07/13/07 KELLY, LISA 1,588.11 07/13/07 LARSON, MICHELLE 1,001.76 07/13/07 MECHELKE, SHERRIE 1,119.42 07/13/07 MOY, PAMELA 969.93 07/13/07 OSTER, ANDREA 1,984.00 07/13/07 WEAVER, KRISTINE 1,893.36 07/13/07 CORCORAN, THERESA 1,734.15 07/13/07 POWELL, PHILIP 2,589.83 07/13/07 RICHIE, CAROLE 1,741.08 07/13/07 THOMALLA, DAVID 4,429.00 07/13/07 ABEL, CLINT 2,433 22 07/13/07 ALDRIDGE, MARK 2,701.70 071/13/07 ANDREWS, SCOTT 21,905.01 071/13/07 BAKKE, LONN 2,663.62 07/13/07 BARTZ, PAUL 2,670.82 07/13/07 BELDE, STANLEY 2,644.23 07/13/07 BIERDEMAN, BRIAN 2,797.42 07/13/07 BOHL, JOHN 2,907.99 07/13/07 BUSACK, DANIEL 2,400.11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 07/13107 COFFEY, KEVIN 2,870.70 07/13/07 GROTTY, KERRY 2,830.77 07/ 13/07 DOBLAR, RICHARD 3,650.03 07113/07 FRITZE, DEREK 1,645.93 07/13/07 GABRIEL, ANTHONY 3,180.67 07/13/07 HAWKINSON JR, TIMOTHY 1,645.93 07/13/07 HEINZ, STEPHEN 3,218.26 07/13/07 HILBERT, STEVEN 3,030.33 07/131/07 JOHNSON, KEVIN 4,094.57 07/131/07 KALKA, THOMAS 739.88 07113107 KARTS, FLINT 3,390.04 07113107 KONG, TOMMY 2,400.11 07/13/07 KROLL, BRETT 2,620.84 07/13/07 KVAM, DAVID 3,523.42 07/13/07 LANGNER, TODD 1,960.16 07/13/07 LARSON, DANIEL 2,400.11 07/13/07 LINTNER, HOLLY 673.48 07/13/07 LU, JOHNNIE 2,400.11 071/13/07 MARINO, JASON 2,400.11 071/13/07 MARTIN, JERROLD 2,514.38 O7/13 /07 MCCARTY, GLEN 3,216.06 O7/13 /07 METRY, ALESIA 3,216.79 07/13/07 NYE, MICHAEL 2,154.43 07/13/07 OLSON, JULIE 2,445.82 07/131/07 PALMA, STEVEN 2,675.93 07/131/07 RABBETT, KEVIN 3,587.70 071/13/07 RHUDE, MATTHEW 2,363.32 07113/07 STEFFEN, SCOTT 3,317.16 07/13/07 STEINER, JOSEPH 2,071.55 07/13/07 SYPNIEWSKI, WILLIAM 2,308.56 07/13/07 SZCZEPANSKI, THOMAS 2,762.84 07/13/07 TRAN, JOSEPH 2,745.76 07/13/07 WENZEL, JAY 2,602.29 07/13/07 KIONG, KAO 2,488.40 07113/07 BERGERON, JOSEPH 3,501.02 07113/07 DUGAS, MICHAEL 3,135.32 07/13/07 ERICKSON, VIRGINIA 2,653.80 07/13/07 FLOR, TIMOTHY 3,219.77 07/13/07 FRASER, JOHN 2,882.99 07/13/07 LANGNER, SCOTT 2,445.82 07/131/07 THEISEN, PAUL 2,884.58 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 07/13/07 THIENES, PAUL 07/13/07 BARTA, JEREMY 07/ 13/07 CRISTOFONO, BRIAN 07/13/07 DAWSON, RICHARD 07/13/07 DUELLMAN, KIRK 07/13/07 EVERSON, PAUL 07/13/07 HALWEG, JODI 07/13/07 JOHNSON, DOUGLAS 07/13/07 NOVAK, JEROME 07/13/07 OLSON, JAMES 07/13/07 PARSONS, KURT 07/13/07 PETERSON, ROBERT 07/13/07 PRECHTEL, ROBERT 07/13/07 SVENDSEN, RONALD 071/13/07 GERVAIS -JR, CLARENCE 071/13/07 LUKIN, STEVEN 07/13/07 ZWIEG, SUSAN 07/13/07 DOLLERSCHELL, ROBERT 07/13/07 AHL, R. CHARLES 07/13/07 JAMIESON, BRYAN 07/13107 KNUTSON, LOIS 07/13/07 KONEWKO, DUWAYNE 071/13/07 NIVEN, AMY 071/13/07 PRIEFER, WILLIAM 07/13/07 AHL, GREGORY 07/13/07 BRINK, TROY 07/13/07 DEBILZAN, THOMAS 07/13/07 EDGE, DOUGLAS 07/13/07 FOERG, ELIZABETH 07/13/07 FREBERG, RONALD 07/13/07 HAMRE, MILES 07/13/07 JONES, DONALD 07/13/07 MEISSNER, BRENT 07/13/07 MEYER, GERALD 07/13/07 NAGEL, BRYAN 07/13/07 OSWALD, ERICK 07/13/07 RUNNING, ROBERT 07/13/07 SETNES, SAMUEL 071/13/07 TEVLIN, TODD 071/13/07 BURLINGAME, NATHAN 07/13/07 DUCHARME, JOHN AMOUNT 3,588.16 2,712.09 1,806.93 2,630.78 2,3 80.74 4,235.98 2,451.51 2,497.51 3,18392 2,215.61 3,616.93 3,692.33 14,780.79 4,303.87 6,796.03 4,016.18 1,866.15 293.39 4,675.69 532.00 1,616.57 3,059.51 1,294.62 2,601.26 420.00 1,885.75 1,958.55 1,968.55 1,054.00 886.31 1,072.00 2,202.57 822.50 2,027.39 2,486.01 2,450.40 2,007.75 735.00 1,911.75 1,585.35 2,486.06 ITH CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 07/13/07 ENGSTROM, ANDREW 1,953.35 07/13/07 JACOBSON, SCOTT 1,953.35 07/13/07 JAROSCH, JONATHAN 2,191.75 07/13/07 KREGER, JASON 1,723.60 07/13/07 KUMMER, STEVEN 2,710.43 07/13/07 LABEREE, ERIN 2,882.35 07/13/07 LINDBLOM, RANDAL 2,486.07 07/13/07 MAHLER, MATTHEW 911.34 07/13107 O'CONNOR, DONOVAN 841.80 07/13/07 SCHREMPP, ANTHONY 713.90 07113/07 SKOWYRA, NICHOLAS 425.88 07113/07 THOMPSON, MICHAEL 2,571.02 07/13/07 ZIEMAN, SCOTT 897.60 07/13/07 LUND, MARK 1,065.00 07/13/07 MARUSKA, MARK 2,837.03 07/13/07 NAUGHTON, JOAN 1,911.75 07/13/07 SCHINDELDECKER, JAMES 1,950.86 07/13/07 BIESANZ, OAKLEY 475.17 071/13/07 DEAVER, CHARLES 635.48 071/13/07 GERNES, CAROLE 600.00 07/13/07 HAYMAN, JANET 1,573.27 07/13/07 HUTCHINSON, ANN 2,400.31 07/13/07 NELSON, JEAN 128.00 07/13/07 GAYNOR, VIRGINIA 2,121.35 07/13/07 EKSTRAND, THOMAS 3,495.41 07/13/07 LIVINGSTON, JOYCE 954.46 071/13/07 SINDT, ANDREA 1,796.55 071/13/07 THOMPSON, DEBRA 753.46 07/13/07 YOUNG, TAMELA 1,660.55 07/13/07 FINWALL, SHANK 2,507.75 07/13/07 ROBERTS, KENNETH 2,794.21 07/13/07 BRASH, JASON 1,589.35 07/13/07 CARVER, NICHOLAS 2,939 21 07/13/07 FISHER, DAVID 3,823.36 07/ 13/07 RICE, MICHAEL 2,247.03 07/13/07 SWAN, DAVID 2,325.99 07/13/07 WELLENS, MOLLY 1,369.10 07/13/07 BURLINGAME, SARAH 550.00 07/13/07 SAMUELSON, MICHAEL 2,090.16 07/13/07 WORK, ALICIA 480.00 07/13/07 BJORK, BRANDON 623.50 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 07/13/07 COLEMAN, JOHN 410.75 07/13/07 OHLHAUSER, MEGHAN 1,015.00 07/13/07 ROBBINS, AUDRA 2,369.00 07/ 13/07 TAUBMAN, DOUGLAS 3,024.90 07/13/07 TAYLOR, JAMES 1,856.47 07/13/07 GERMAIN, DAVID 1,957.79 07/13/07 NORDQUIST, RICHARD 1,948.55 07/13/07 SCHULTZ, SCOTT 2,13895 07/13107 ANDERSON, ANTHONY 386.10 07/13/07 ANZALDI, MANDY 1,706.38 07113/07 CAREY, HEIDI 2,243.80 071/13/07 CRAWFORD - JR, RAYMOND 332.00 07/13/07 EVANS, CHRISTINE 83799 07/13/07 GRAF, MICHAEL 2,157.23 07/13/07 HER, CHONG 392.75 07/13/07 HER, PHENG 409.93 07/13/07 HOFMEISTER, MARY 696 20 07/13/07 PELOQUIN, PENNYE 590.27 071/13/07 SCHULZE, BRIAN 351.16 071/13/07 STAPLES, PAULINE 3,028.20 07/13/07 TOLBERT, FRANCINE 172.50 07/13/07 ZIELINSKI, JUDY 30.80 07/13/07 BIGGS, ANNETTE 51.00 07/13/07 BRENEMAN, NEIL 840.64 07/13/07 BRUSOE, AMY 76.75 07/13/07 BRUSOE, CRISTINA 278.00 071/13/07 DEL ROSARIO, THERESA 58.50 071/13/07 DUNN, RYAN 898.03 07/13/07 ERICKSON- CLARK, CAROL 23.75 07/13/07 EVANS, KRISTIN 65.85 07/13/07 FONTAINE, KIM 675.98 07/13/07 GERVAIS, DAVID 20.00 07/13/07 GILL, NICOLE 84.00 07/13/07 GREDVIG, ANDERS 234.79 07/13/07 HALEY, BROOKE 239.20 071/13/07 HASSENSTAB, DENISE 111.75 07/13/07 HORWATH, RONALD 2,336.04 07/13/07 JOHNSON, JAMES 139.00 07/13/07 KOEHNEN, AMY 104.20 07/13/07 KOEHNEN, MARY 1,530.08 07/13/07 KRONHOLM, KATHRYN 782.40 in CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AeIxG�mugo;armlly01 1002480 1002481 1002482 1002483 1002484 1002485 1002486 1002487 1002488 1002489 1002490 1002491 07/13/07 07/13/07 07/ 13/07 07/ 13/07 07/13/07 0'7/13 /07 07/13/07 07/13/07 07/13107 07/13/07 07113/07 07113/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07113/07 07113/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/13/07 07/ 13/07 07/ 13/07 0'7/13 /07 0'7/13 /07 07/13/07 07/13/07 07/13/07 EMPLOYEE NAME LAMEYER, ZACHARY MATHEWS, LEAH NELSON, MARCY PROESCH, ANDY RYAN, ERICA SCHAEFER, ANDREA SMITH, ANN TAYLOR, JASON TRUE, CAROLINE TUPY, HEIDE TUPY, MARCUS WOLFGRAM, MARY GROPPOLI, LINDA HER, SHILLAME HOLMGREN, STEPHANIE PARAYNO, GUAI BEHAN, JAMES PATTERSON,ALBERT PRINS, KELLY REILLY, MICHAEL SCHOENECKER, LEIGH VANG, HUE VANG, TIM AICHELE, CRAIG PRIEM, STEVEN WOEHRLE, MATTHEW BERGO, CHAD FOWLDS, MYCHAL FRANZEN, NICHOLAS LONGRIE, DIANA JAHN, DAVID MORIN, TROY NARIKAWA, MALIA PALANK, MARY SVENDSEN, JOANNE FREDERIKSEN, DAWN SHORTREED, MICHAEL WELCHLIN, CABOT BUCKLEY,BRENT ANDERSON, MICHAEL EDSON, DAVID AMOUNT 174.88 133.38 265.63 405.86 36.40 136.40 216.70 48.94 8.25 148.40 209.48 381.23 267.75 147.60 41.25 341.93 1,916.91 1,204.92 1,108.62 2,061.22 318.20 119.20 247.90 2,027.59 2,191.75 1,818.47 2,355.82 2,686.82 1,780.66 452.00 1,689.17 136.00 1,470.97 1,744.46 1,909.79 1,645.93 3,268.81 3,307.79 1,54495 1,065.00 1,988 28 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002492 07/13/07 GORE, MICHAEL 1,065.00 1002493 07/13/07 HELEY, ROLAND 635.95 1002494 07113/07 HINNENKAMP, GARY 1,958.27 1002495 07/13/07 LINDORFF, DENNIS 1,953.17 1002496 07/13/07 NOVAK, MICHAEL 1,948.55 1002497 07/13/07 OLSON, SCOTT 704.00 1002498 07/13/07 SOUTTER, CHRISTINE 685.32 1002499 07/13/07 BERGER, STEPHANIE 173.88 1002500 07/131/07 DAMIANI, ROBERT 80.00 1002501 07/131/07 FARLEY, JAMIE 756.00 1002502 07113/07 GEBHARD, MADELINE 813.88 1002503 07113/07 GOODRICH, DANIELLE 99.00 1002504 07/13/07 MALLET, AMANDA 225.00 1002505 07/13/07 ROBBINS, EMERALD 74.38 1002506 07/13/07 RYCHLICKI, NICHOLE 52.50 1002507 07/13/07 HAAG, MARK 1,948.55 1002508 07/13/07 NADEAU, EDWARD 3,061.98 1002509 07/13/07 GLASS, JEAN 1,924.86 1002510 071/13/07 HANSEN, LORI 2,302.26 1002511 071/13/07 NAGEL, BROOKE 599.50 1402512 07/13/07 SIMPSON, JOSEPH 362.35 1402513 07/13/07 ANDERSON, JOSHUA 291.13 1002514 07/13/07 ANDERSON, JUSTIN 285.81 1002515 07/13/07 BENJAMIN, AYLA 68.25 1002516 07/131/07 BRENEMAN, SEAN 278.10 1002517 07/131/07 BUCHMAYER, NICOLLET 454 25 1002518 071/13/07 CHASTAN, ADAM 29.25 1002519 071/13/07 DEMPSEY, BETH 73.50 1002520 07/13/07 FENGER, JUSTIN 444.15 1002521 07/13/07 FLETCHER, LOGAN 133.25 1002522 07/13/07 GRANT, MELISSA 274.04 1002523 07/13/07 GRUENHAGEN, LINDA 732.35 1002524 07/13/07 HAGSTROM, EMILY 180.38 1002525 07/13/07 HERM, BREANNA 110.50 1002526 07113/07 HOLMBERG, LADONNA 85.00 1002527 07113/07 KOVACS, BREANNA 95.88 1402528 07/13/07 MCMAHON, MELISSA 252.33 1402529 07/13/07 NWANOKWALE, MORDY 224.44 1002530 07/13/07 PEHOSKI, JOEL 9795 1002531 07/13/07 RICHTER, DANIEL 102.40 1002532 07/131/07 RICHTER, NANCY 71.00 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002533 07/13/07 ROGNESS, TRYGGVE 518.28 1002534 07/13/07 ROSTRON, ROBERT 367.75 1002535 07/13/07 RYDEEN, ARIEL 100.00 1002536 07/13/07 SAUCERMAN, MICHAEL 524.35 1002537 07/13/07 SCHAEFER, NATALIE 98.00 1002538 07/13/07 SCHMIDT, EMILY 500.34 1002539 07/13/07 SCHMIDT, JOAN 97.50 1002540 07/13/07 SCHREINER, MICHELLE 348.58 1002541 07/13107 SCHUNEMAN, GREGORY 94.25 1002542 07/13/07 SMITLEY, SHARON 276.65 1002543 07113/07 TRUE, ANDREW 499.83 1002544 07113/07 VASKO. BEN 22.75 1002545 07/13/07 WARNER, CAROLYN 201.20 1002546 07/13/07 WARNER, REBECCA 333.70 1002547 07/13/07 WHITE, NICOLE 192.50 1002548 07/13/07 WICKNER, KRISTY 68.25 1002549 07/13/07 WILLIAMS, KRISTINE 162.20 1002550 07/13/07 WINEGAR, JILL 25.00 1002551 071/13/07 WOODMAN, ALICE 92.00 1002552 071/13/07 ZALK, IDA 202.08 1002553 07/13/07 BOSLEY, CAROL 277.30 1002554 07/13/07 OIL, REBECCA 37.75 1002555 07/13/07 PATTERSON, FELORENZA 234.50 1002556 07/13/07 SATTLER, MELINDA 255.30 1002557 07/13/07 STODGHILL, AMANDA 32.63 1002558 07/13/07 ZAGER, LINNEA 23.28 1002559 071/13/07 BIRKHOLZ, TYLER 137.75 1002560 071/13/07 DOUGLASS, TOM 1,607.65 1002561 07/13/07 GADOW, ANNA 384.08 1002562 07/13/07 HER, CHEF 83.40 1002563 07/13/07 HER, PETER 243.25 1002564 07/13/07 O'GRADY, VICTORIA 125.80 1002565 07/13/07 SCHULZE, KEVIN 174.00 1002566 07/13/07 VANG, KAY 151.70 1002567 07/13/07 VUE,LORPAO 129.60 498,563.83 ig Agenda Item 12 City Manager Michael Johnson, Planning Intern Conditional Use Permit Review Walking In Faith Church 2385 ArimU Street July 12.2OO7 The conditional use permit (CUP) for 8 church k} operate in the office building 8t2385Ar8| Street is due for review. k8c P@U| Strong, nap[8S9Dtng VV8|kiDg in Faith Christian k8iDiSth83. opened a church in an existing office building in the Heather Ridge office complex (see the maps on pages 2~4). This church once operated in the Maplewood Inn-Best Western (on SoUth|8vvn Drive) but moved to this new location in January 2UO5. Maplewood city code requires 8 CUP for places of worship in any location. BACKGROUND {)n June 24.1S90, the city council approved the following for Heather Ridge: 1. A rezoning from R'3 (multiple dwelling) toBC'K8 (business commercial nnodifiedi 2. A land use plan change from R-3(M) (multiple dwelling-medium density) to BC-M. 3. A CUP to build on land designated 8s an out lot. 4. The project design p|8nS. (]D January 1O.2OU5. city council approved o conditional use permit for Walking iD Faith Church at 2385 Ariel Street (See attachment 4 for city council minutes of approval). The church received an interior remodeling building permit from the city on February 7, 2005. DISCUSSION Paul Strong indicated k} city staff that the church is still inoperation. A required CUP review for Walking in Faith Church is now D8C8Ss@ry. City staff is not ovvGn8 of any issues with this ChU[Ch and we have not received any complaints since the last time the city reviewed the CUP. Review the conditional use permit for the Walking in Faith Church at 2385 Ariel Street again in one year. Poec11\Walkingin Faith CUP Review 07 Attachments: 1. Location map 2. Area map 3. Site plan 4. 1-10-05 city council minutes N ED Ll COPE AVE p , - - - - - - - - - - - / ....................... J .................. IW �w Q GTl f 4 mI - r - 7 J 1 11TH AVE N I;j COPE AVE w N LJ L m �, lo o 1 0 LU < I j M—LAURIE RD FTF Attachment 1 N GERVAIS AVE Attachment 2 SHERREN AVE 3HERREN f 5 t - - --' w .. J a B :a CA"' ASTLE CT n fir c , r M Area Map 2385 Ariel St Heather Ridge i E-J Attachment 2 SHERREN AVE 3HERREN f 5 t - - --' w .. J a B :a CA"' ASTLE CT n fir c , r M Area Map 2385 Ariel St Heather Ridge CUBPOODS A 7-4 HOME DEPOT % U ME Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, January 10, 2005 Council Chambers, City Hall Meeting No. 05-01 A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present K. NEW BUSINESS 2. Conditional Use Permit — Walking in Faith Church (2835 Ariel Street) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. C. Commissioner Grover presented the Planning Commission Report. d. Paul Strong, the applicant answered council questions. Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for Walking in Faith Ministries to operate a church in the building at 2385 Aerial Street: CONDITIONAL USE PERMIT RESOLUTION 05-01-002 WHEREAS, Mr. Paul Strong, representing Walking in Faith Christian Ministries, is requesting that Maplewood approve a conditional use permit for a church to operate in an existing office building. WHEREAS, this permit applies to the property at 2385 Ariel Street. The legal description is: Maplewood Retail Addition, subject to street, Outlot A. (PIN 11-29-22-31-0063) 5 City Council 01 -10 -05 WHEREAS, the history of this conditional use permit is as follows: On December 20, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve this permit. 2. On January 10, 2005, the city council discussed this request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. 6 City Council 01 -10 -05 Approval is subject to the following conditions: All construction shall follow the plans dated November 22, 2004, as approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner and the church operators shall ensure that the church space meets all the requirements of the building code as determined by the building official and the fire marshal. In addition, city staff shall determine the maximum capacity of the church upon review of the final floor and building plans. 4. The city council shall review this permit in one year. Seconded by Councilmember Rossbach Ayes-All 7 City Council 01 -10 -05 Agenda Item 13 TO: City Manager FROM: Tom EkStrGDd. Senior Planner SUBJECT: Conditional Use Permit Review — Comfort Bus L(}C/\T|(}N: 1870 Rice 8Ln8Et North DATE: July 13 2007 The conditional use permit (CUP) for a bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. BACKGROUND January 22.20O1: The city council approved the CUP for the Comfort Bus repair garage. The CUP was subject ho the following conditions: 1. All construction shall hJ||Ovv the site plan approved by the city. 3. The proposed construction must be substantially started within one year of council approval Vr the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the Minnesota Pollution Control Agency requirements as they r8|8t8 to all applicable aspects of this vehicle repair operation. August 14 The community design review board (CDRB) approved plans for Comfort Bus. February 11.20O2. February 24.20O3. February 8 February 14 and April 1O The city council reviewed this permit and moved to review itagain in one year. On April 10. 2008 the city council also added the condition that "traffic on Roselawn Avenue and Jackson Street should be limited to a total of 162 busses per day and that staff should continue to monitor traffic and pollution 0nRoS8|8vvn/\venU8. DISCUSSION Building and Site Completion The applicant has completed the bus shop/dispatch building, the fueling area site improvements and work kS continuing nn the office building. They are nearly finished with the building exterior with trim, down spouts and brick work On columns remaining. The applicant is also continuing tO work OD the building interior. Construction has taken longer than other commercial-construction jobs, but the applicant is doing much of the work themselves along with operating their business. The primary work remaining is the completion oflandscaping. Now that the scaffolding has been removed from around the building perimeter, the applicant will get started in landscaping around the office building. I met Craig Rossow on site to review the landscaping plan and a schedule for completion. Mr. RoSgovx said what vvVrh they don't complete this year will be completed next season. Staff is fine with this since the city is holding escrow and the building construction is still in progress. Since the building construction and landscaping is still in progress, the city should review this CUP again in one year. Bus-Traffic Matters |n2005 the city began receiving calls from some residents along Roselawn Avenue with concerns about the amount of bus traffic On their street. The city had a traffic analysis performed bv our consultant traffic engineer and a report was presented to the city council in December 2005. The city staff subsequently held @ neighborhood [n8RtiOg at the St. P8U| R80iODG| VV8tR[ Services building. |n short, the result was that Comfort Bus agreed t0 work with the city and residents bJ reroute much 0f the bus traffic from RoSe|8vvnAvenue. The city has continually monitored this matter. Presently, the traffic has lessened and seems to be within tolerable levels since vve haven't received any recent complaints. RECOMMENDATION Review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. pzac18\cnmfort bus 20O7 cup review Attachments: 1. Site Plan 2. Location/Zoning Map Attacn t N h F u u C a QNACREST C Location & Zoning Map Comfort Bus 1870 Rice Street - 1 . 10-t , To: City Manager Greg Copeland From: Chief of Police David J. Thornalla Subject: Acceptance of Grant Funds for Police Reserves Date: July 16, 2007 Introduction The Maplewood Police Reserves have received a check from the Minnesota Police Reserve Officers Association, and City Council approval is required before this check can be accepted. The Maplewood Police Reserves recently applied for and received a grant from the Minnesota Police Reserve Officers Association for the purchase of two new police bicycles. These bicycles will be used by the Reserves to patrol City parks and business parking lots as well as to do patrol during special events held in the City. We received a check in the amount of $2,750 to purchase the two bicycles, and City Council approval is required before this check can be accepted. Recommendation It is recommended that approval be given to accept these grant funds and that the appropriate budget adjustments be made so the funds can be expended as intended for the purchase of the two bicycles. Action Required Submit to City Council for review and action. DJT:js Agenda Item 15 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharleS/\hi Public Works Director/City Engineer Erin L@ber8e. Assistant City Engineer SUBJECT: Desoto Skillman Area Street Improvements, City P 06~16, Resolution for Modification of the Existing Construction Contract, Change Order 1 DATE: July 12 During construction there are often unforeseen changes from the o p|anG8ndsp9chic8tk}ns. The city council will consider approving the attached resolution directing the modification of the existing construction contract and revising the project financingp|on. Project Background m {� May 1�.2O07. the City Council awarded IASChifsky8 construction contract for utility and roadway improvements in the amount of $3,133,587.90. DISCUSSION Change Order 1 includes new sanitary sewer On K8L Vernon Avenue and Clark Street, new water main On Bradley Street and Kingston Avenue, and parking bays along Mt. Vernon Avenue. Details 0f the work included in the change order are described below. New Sanitary Sewer: ($ 27,522.G3) Sanitary sewer does not currently exist on Mt. Vernon. K8Gr08red C)SCGrS0O, has requested that sanitary sewer be iD3tGURd to provide services tO the vacant lot (PIN 17292223OUS8)she owns on the south side Vf Mt. Vernon Avenue. Doug Jones, the owner [f the tovvnh0nn8s on Clark Street and Mt. Vernon Avenue has also requested that the new sanitary sewer be extended to provide gravity flow to one of his town homes that is currently serviced with a pump. Mr. Jones has agreed tob8 assessed for his portion Cf the sanitary sewer. At the time Uf connection, the owner of the vacant property will be required to reimburse the city for a portion of the sanitary sewer costs. New Watermain on Bradley Street: '62> Bradley Street and Kingston Avenue donot currently have vvatenmoin. Res are serviced from phmaba vve||3. To prevent future disturbance LO the new roadway, vvaiennSin and service stubs should be constructed now 8S part Vfthe street reconstruction pnJcSSS. When the private wells need t0 be n8p|oCRd, residents will be required to hook Upho the vv8tSn0@in. When properties are connected, the owners will b8 required ho n8innbVrs8 the city for their share of the vv8L8rrnain and services. Fl8Sid8nLS have been notified of this condition. Parking Bays on Mt. Vernon: ($9,437'1G) The city counc approved the addition of private porkinQ bays along Mt. Vernon ot the request of Doug Jones. Mr. Jones has agreed bJbe assessed for the parking bays. Agenda Item 15 Change Order 1 will increase the construction contract by $109,432.30 from $3,133,587.90 to $3,223,020.20. All costs associated with the additional utility work in Change Order 1 will be reimbursed to the city at the time utility connections are made. Mr. Jones has agreed to finance the parking bays through an assessment. Change Order 1 will not affect the current budget. �S• i� • ZI It is recommended that the city council approve the attached Resolution for the Modification of Existing Construction Contract, Change Order Number 1. Attachments: 1. Resolution 2. Change Order 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-16, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-16, Desoto Skillman Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-16, Change Order Nos. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1 in the amount of $109,432.30. The revised contract amount is $3,223,020.20. CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS PROJECT NAME: Desoto-Skillman Area Street Improvements PROJECT NO: City Project 06-16 CONTRACTOR: T.A. Schfisky and Sons Inc. CHANGE ORDER NO.: One (1) DATE: July 12, 2007 The following changes shall be made in the contract documents: ADD BID SCHEDULE #1- CHANGE ORDER #1 Item No. Item Description Unit Unit Quantity Price Amount I Granular Backfill (LV) CY 150.00 $9.12 $1,368.00 2 Coarse Filter Aggregate Foundation TN 50.00 $23.98 $1,199.00 3 8" PVC Pipe Sewer SDR 35 LF 480.00 $21.01 $10,084.80 4 6" PVC Pipe Sewer, SCH 40 LF 180.00 $25.77 $4,638.60 5 8" X 6" PVC Wye EA 5.00 $71.39 $356.95 6 Adjust/Install Furnished casting (Sanitary Sewer) EA 3.00 $490.43 $1,471.29 7 Connect to Existing Sanitary Sewer EA 3.00 $377.42 $1,132.26 8 48" Dia Sanitary Sewer Manhole EA 3.00 $1,966.26 $5,898.78 9 6" Clean Out EA 5.00 $274.57 $1,372.85 10 Granular Bedding (LV) CY 300.00 $9.12 $2,736.00 11 Hydrant EA 3.00 $2,431.98 $7,295.94 12 6" Gate Valve and Box EA 2.00 $846.48 $1,692.96 13 8" Gate Valve and Box EA 3.00 $1,090.47 $3,271.41 14 6" Watermain, Ductile Iron, Class 53 LF 30.00 $25.66 $769.80 15 8" Watermain, Ductile Iron, Class 52 LF 950.00 $34.77 $33,031.50 16 2" Polystyrene Insulation SY 100.00 $29.30 $2,930.00 17 Ductile Iron Fittings LS 1.00 $1,228.69 $1,228.69 18 Watermain Offset EA 2.00 $4,579.91 $9,159.82 19 1" Type K Copper Service Pipe LF 385.00 $26.90 $10,356.50 20 Aggregate Base Class 6 Ton 5.00 $10.75 $53.75 21 Type LV4 Wearing Course 3" Thick Driveway (L) SY 180.00 $22.00 $3,960.00 22 Modular Block Retaining Wall SF 230.00 $23.58 $5,423.40 TOTAL SCHEDULE CO #1 $109,432.30 TOTAL NET CHANGE ORDER NO. 1 $109,432.30 CONTRACT STATUS: Original Contract: $3,097,587.90 Net Change of Prior Change: $0.00 Change this Change Order: $109,432.30 Revised Contract: $3,207,020.20 Recommended By: Kimley-Horn and Associates, Inc. 0 Agreed to By: T.A. Schfisky and Sons Inc. LIM Approved By: City of Maplewood LIM Mayor Date: Date: Date: By: Date: City Engineer Agenda Item 16 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Mogren Street Improvements, City Project 06-17, Resolution for Modification of the Existing Construction Contract, Change Order 1 DATE: July 12, 2007 INTRODUCTION During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract and revising the project financing plan. Project Background On May 14 2007, the City Council awarded Frattalone Companies a construction contract for utility and roadway improvements in the amount of $2,374,426.30. DISCUSSION Change Order 1 is to increase the size of the water main in Country View Drive from an 8" to a 12" main. Costco has required the increase in water main due to their standards for fire protection. The cost of this increase in pipe size is $5,875.50. Budget Impact Change Order 1 will increase the construction contract by $5,875.50 from $2,374,426.30 to $2,380,301.80. The developer, Bruce Mogren, will finance this additional cost. The current budget does not need to be modified to account for Change Order 1. It is recommended that the city council approve the attached Resolution for the Modification of Existing Construction Contract, Change Order Number 1. Attachments: 1. Resolution 2. Change Order 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-17, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-17, Mogren Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06-17, Change Order Nos. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 1 in the amount of $5,875.50. The revised contract amount is $2,380,301.80. PROJECT NAME: PROJECT NO: CONTRACTOR: CHANGE ORDER NO.: DATE: CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS CarMax/Mogren Addition Improvements City Project 06-17 Frattalone Companies One (1) July 11, 2007 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #1— CHANGE ORDER #1 Item No. Item Description Unit Quantity I Cost diff. from 8" to 12" watermain LF 514 2 Cost diff. from 8" to 12" gate valve EA I TOTAL SCHEDULE CO #1 TOTAL NET CHANGE ORDER NO. I k Original Contract: $2,374,426.30 Net Change of Prior Change: $0 Change this Change Order: $5,875.50 Revised Contract: $2,380,301.80 Recommended By: Kimley-Horn and Associates, Inc. By: Date: Agreed to By: Frattalone Companies By: Date: Approved By: City of Maplewood By: Date: Mayor Unit Price Amount $10.75 $5,525.50 $350.00 $350.00 $5,875.50 $5,875.50 By: Date: City Engineer Agenda Item 17 TO: Greg Copeland, City Manager FROM: Charl8SAhi Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Pond Overlook Public Improvements (2161 County Rd D), City Project 07-08 1' Resolution Approving Plans and Advertising for Bids 2' Resolution Ordering Preparation of Assessment Roll DATE: July 11 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready h3b8 advertised for bids. The proposed bid opening for this project is scheduled for 10:00 8.nn., Thursday, August 18,2O07@t city hall. Following the approval Of plans and advertise for bids, the next step inthe improvement process iStO order preparation Of the assessment roll. Approval of the assessment roll and calling for the assessment hearing will likely take place in October 20U7 when final costs are know. The award of bid would be considered by the city council at the August 27, 2007 city council meeting. Background The developer gained approval from the council for GPU0, rezoning, and preliminary plat ot the June 25th, 2UO7 for the development site 8L2101 County Road O. Also on June 25"'8 public hearing was conducted regarding the extension [fGpublic street and utilities b] service the proposed development. That resolution was also passed. Discussion Currently there is an existing single family home on the site, and the developer is in the process of obtaining 8 d8nnNiUVn permit and to begin the rough grading of the development site. The developer will b8 required tn sign 8 developer agreement with the city b]ensure certain conditions are met for the development site prior k} the city constructing the public improvements. If the schedule progresses as planned the construction of the public improvements would begin towards the beginning of September 2007. Project Budget The total project bVdQet aS reported in the feasibility study Cf $263,427 is still inorder. The costs Vfall public improvements are to be fully assessed to the developer property over a period of fifteen calendar years. The assessment hearing would likely be held in October 2007 after the costs for the public improvements are totaled. Again, this is8 developer petitioned public improvement project 8nd8SsUCh8|| costs are directly assessed back to the improved developer property. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Pond Overlook Public |nnpnJv8nl8nLs (2181 County Rd O): Approving Plans and Advertising for Bids and [)nd8hng the Preparation of the Assessment Roll. Attachments 1 Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation m Assessment Roll o. Location Map 4. Preliminary Assessment Roll RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 25 1h , 2007, plans and specifications for Pond Ov8d08k Public Improvements (2181 County Rd O), Project 07-08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications tO the council for approval, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL [)F THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, 8 copy of which are attached hereto and made 8 part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin 8n advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall b8 published twice, 8t least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened @DdCODSidRr8dbythmC0uDCi|8t10:00@.nl.ODth810thdGyOfAUgUat,2OO7,Gtth8Cityh8||8Ddth8tnO bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable L0 the City [f Maplewood, Minnesota for five percent 0f the amount [f such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received 8t the time and place herein noted, and b} tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 27 th 2007. RESOLUTION ORDERING PREPARATION OF ASSESSMENT A WHEREAS, the city clerk and city engineer will receive bids for the Pond Overlook Public Improvements (2161 County Rd D), City Project 07-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to C8Sh valuation, as provided by |avv and they Sho|| file 8 copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion Of such proposed assessment notify the council POND OVERLOOK PUBLIC IMPROVEMENTS (2161 COUNTY RD D), CITY PPOJECT 07-08 65 iji .0 MENEM mr?mmm a '- M 4d , aplew Hei ts Park .,: ■�■■■ oleo ■ mall KAU lmmmmmpp-m-=-j Playcrest Park , I KeTel 3 Eel m J, f. � 11 N INS ■ POND OVERLOOK PENDING ASSESSMENT INFORMATION CITY PROJECT 07 -08 PUBLIC IMPROVEMENTS 1 of 1 ESTIMATED STREET PARCEL ID TAXPAYER STREET DEVELOPER PROPERTY NUMBER ASSESSMENT 353022440011 ANDRUS INVESTMENTS INC. 2161 COUNTY ROAD D E $263,427.00 TOTALS= $263,427.00 1 of 1 Agenda Item 18 It 4 ki 117- Z1 4001 Z 0 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Pond Overlook Developer Agreement, City Project 07-12, Approve Agreement with Developer DATE: July 11, 2007 INTRODUCTION On June 25 2007 the developer of the Pond Overlook PUD (City Project 07-12) at 2161 County Road D was approved for rezoning, PUD, and preliminary plat for the development site. A public hearing was also held on June 25 and the council motioned to move forward with plans and specifications for the public improvements that would service the development site. The developer and city need to enter into an agreement that delineates requirements of the developer. BACKGROUND The developer of the Pond Overlook PUD (City Project 07-12) has to meet certain conditions in order to prepare for the construction of the city public improvements (City Project 07-08) that will service the 10 townhome units within the development. The developer agreement also includes special conditions set forth by the council regarding the PUD development. Please see the attached draft developer agreement document for details. Z1 *6141 LY, I LY, 14 Z I By-A 1 [01 ki It is recommended that council approve the agreement between the Developer and the City of Maplewood for the Pond Overlook Developer Agreement. Attachment: 1. Agreement CITY OF MAPLEWOOD Ramsey County, Minnesota Contract for Residential Development welffelleir-mm (City Project 07-12) THIS AGREEMENT, made this day of 11 2007, between the City of Maplewood, Minnesota, acting by and through its mayor and city manager, herein called the CITY and Andrus Investments, Inc. herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY constructing Pond Overlook Public Improvements (City Project 07-08), the DEVELOPER shall rough grade the private development site to include the public road area and bring the rough grade elevation within 0.2-feet of the public road grading grade elevation (1 -foot below final street elevation). This work must be completed prior to the CITY awarding a construction contract for the public improvements. 2. Also in consideration of the CITY construction Pond Overlook Public Improvements (City Project 07-08), the DEVELOPER shall rough grade the development site to include the construction of the infiltration basin at the northwest corner of the development site. This work must be completed prior to the CITY awarding a construction contract for the public improvements. Furthermore, the CITY will take over maintenance of the infiltration basin upon a satisfactory inspection and "-Am i �Sffm•M-M 3. The DEVELOPER agrees to meet all Special Conditions described in the approved resolution dated by the Maplewood City Council. 4. The DEVELOPER shall implement a homeowners association as part of this development. The homeowners association shall be the responsible party for the maintenance and care of all water service laterals between the water main in County Road D and the proposed building structures. Also, the liability and maintenance of retaining walls, landscaping, fencing, and other commonly shared items located on Lot 11 will be the responsibility of the homeowners association. 5. The Developer shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the private development project (City Project 07-12). A $5,000 cash escrow shall be established for these services. Any unspent escrow will be returned once the project is complete. Reduction in the cash escrow guarantee may be granted after written request by the Developer based on the value of the completed and paid for improvements restoration of the disturbed project areas and any outstanding service fees at the time of the requested reduction. The amount of the reduction will be determined by the city mmm 6. The DEVELOPER agrees to dedicate the right-of-way for Furness Court to the CITY as detailed in the final plat for Pond Overlook. This dedication shall be provided at no cost to the CITY. 7. The DEVELOPER agrees to dedicate a 15 foot drainage and utility easement over the drainage pipe, to extend from the cul-de-sac to the infiltration basin location, to the CITY as detailed in the final plat for Pond Overlook. This dedication shall be provided at no cost to the CITY. The DEVELOPER also agrees to dedicate the M i WININIM I � M � � I 11�1i! 11 1% utility easement. The infiltration basin shall be located fully within Lot 11 to ensure the CITY does not require additional easement area upon the CITY accepting maintenance of the infiltration basin. 8. The DEVELOPER shall furnish all engineering, architectural, and administrative services for the private improvements and building projects. 9. The DEVELOPER agrees that the private work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the city or engineer, as defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the City or engineer and at the sole cost and expense of the DEVELOPER. 10. All ten (10) building lots within the Pond Overlook plat are exempt from the city's sanitary sewer cash connection fee upon connection to the public sanitary sewer main within the public street. 9 11. After completion of all private work required by the DEVELOPER, the City engineer or the City engineer's designated representative, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City engineer shall be satisfied that all work is satisfactorily completed in accordance with said Plans and Specifications; and the Developer's engineer shall submit a written statement attesting to same. 12. The Developer agrees that all payments to the City from the Developer called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained through the guarantees provided in this contract. 13. It is further agreed anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work or the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such CI claims as may be brought against the City. It is further agreed that the Developer will furnish the City of Maplewood proof of insurance in the amount as required by the I I I'll F" s O M Neimi I the operation of the Developer's equipment, laborers, and hazard caused by said improvement. 14. Prior to the CITY awarding a construction contract for the Pond Overlook Public Improvements (City Project 07-08), it is agreed that the Developer will furnish the City with an irrevocable letter of credit in a form to be approved by the City in the amount of 125 percent of the estimated project cost, as guarantee of payment. It is understood that funds so deposited or so committed shall guarantee all costs of the work herein specified including administrative overhead, legal, engineering, and interest expense, whether such costs are equal to or more than the estimated cost as indicated in the Special Conditions. The letter of credit must clearly indicate that it is an irrevocable letter of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this development agreement. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letter of credit shall be of a one-year duration and must have a condition indicating automatic renewal, with notification to the City a minimum of 60 days prior to its expiration. Reduction in the surety guarantee may be granted after written request by the Developer based on the value of the completed and paid for improvements, restoration of the disturbed project areas and any outstanding service fees at the time of 19 the requested reduction. The amount of the reduction will be determined by the city engineer. A portion of the surety will be returned to the Developer upon the levy of applicable assessments by the City. 15. Breach of any terms of this agreement by the Developer shall be grounds for denial of building or occupancy permits for buildings within the addition until such breach is corrected by the Developer. 16. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 17. The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. 18. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City • Maplewood 1830 County Road B Ea Maplewood, MN 55109 1 n. As to the Landowner: Doug Andrus Andrus Investments, Inc. 2440 Charles Street N, Suite 210 North St. Paul, MN 55109 SIGNATURE: Andrus Investments, Inc. -2 Title STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this — day of 1 2007, by Doug Andrus of the Developer. NOTRAIRWIM Diana Longrie, Mayor Greg Copeland, City Manager STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this _ day of 2 2007, by Diana Longrie and Greg Copeland of the City of INSTMITF11 Met Notary Public 1.3 SPECIAL CONDITIONS 2• CITY OF A' iii 1. Subdivision Information: a. Plat Name: Pond Overlook b. Developer: Doug Andrus, Andrus Investments Inc. C. Engineer/Surveyor: Plowe Engineering, Inc. /E.G. Rud & Sons, Inc. d. General Contractor for Private Development: e. Financial Guarantee: (1) Type: Cash Escrow (Engineering/Legal) Amount: $5,000 (2) Type: Letter of Credit or Cash Surety Amount: $ (125% of total estimate project costs for Pond Overlook Public Improvements, City Project 07-08) 2. Scope of work contemplated under the terms of this contract and covered by escrow guarantee is outlined in conditions of development approval from the June 25 2007 city council meeting (see attached conditions). 1. All construction shall follow the plans date-stamped April 19, 2007, and the landscape plans dated June 12, 2007, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install a four-foot-high, black, vinyl-coated chain-link fence at the top of retaining walls greater than 4-ft. (2) Provide for staff approval a detailed storm water management plan. 10 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b.*Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk or fill from the site. d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum — 35 feet b. Front-yard setback (public side street): minimum - 30 feet, maximum - none c. Rear-yard setback: 20 feet from any adjacent residential property line 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. C. Approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: Sign an agreement with the city that guarantees that the developer or contractor 11 will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements. This shall include any off-site easements and ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot. d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light shall be at the intersection of County Road D and the proposed street (Furness Place) and the second near the north or east end of the street near the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic-control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. 12 (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet or as may be required by the city engineer. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). ( Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-foot deep and protected with approved permanent soil-stabilization blankets. (10) The drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. (11) As little grading as possible east of the proposed cul-de-sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. c.* The tree plan shall: (1) Be approved by the city engineer or environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city-tree planting fund. (2) Show where the developer will remove, save or replace large trees. 13 This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road D to the south. (c) Along the east side of the site to help provide screening of the new construction from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or 14 within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm- water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the public road and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 7. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, any outlots, private utilities, water services, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. [IN b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Obtain the necessary approvals and permits from MnDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. D. Approve the plans date - stamped April 19, 2007, (site plan, grading and drainage plans and building elevations) and the landscape plans date - stamped June 12, 2007, for the Pond Overlook town houses on the new cul -de -sac on the north side of County Road D west of McKnight Road. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, 16 landscaping, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall be consistent with city code. .! • • . am (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence or some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. (f) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (g) Show details about the required fence by the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall if wall is taller than 4 -ft. (3) The tree plan shall: (a) Be approved by the city engineer or by the city environmental manager before site grading or final plat approval. The developer and city staff will need to negotiate and agree on a final tree planting and preservation plan. This may include adding more trees to the site, increasing the size of the trees that the developer plants on the site, having the developer plant trees else where in the city or having the developer pay into a city -tree planting fund. (b) Include an inventory of all existing large trees on the site and shall E show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Be consistent with the plan the applicant submitted to the city at the June 12, 2007, CIDRB meeting that was reviewed by Virginia Gaynor and the CDRB. (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) All private driveways to the units at least 20 feet wide. (c) If the developer wants to have parking on one side of the new street, then it must be at least 28 feet wide. (d) The developer or contractor shall post one side of the street with "no parking" signs to meet the above-listed standards. (e) The new street labeled as Furness Place and County Road D labeled on all plans. (5) The design of the ponding area shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of trees along the north and south sides of the site. 18 (3) The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall be approved by the city engineer or city naturalist and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date - stamped June 12, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little or no maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the County Road D boulevard with sod. (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) (where possible) along the north and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the development. (11) Shows the in- ground lawn- irrigation system, including the location of the sprinkler heads. (12) The city engineer or by the city environmental manager shall approve this plan before site grading and shall be consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. f. Have the North Saint Paul utility department approve the proposed utility plans. 19 g. Present to staff for approval colored building elevations and building material samples of all elevations of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige-colored vinyl siding, any shutters, window grids, decorative lighting for the front elevations and the style and materials of deck or balcony railings. These elevations also shall show details for the enhancement of the south side elevation of Unit 1 and the rear elevations for Units 9 and 10 (that face County Road D) (including the use of shutters) and stone wainscoting on the entire front elevation per the revised sketch submitted to the city by the applicant at the June 12, 2007 CDRB meeting. City staff must approve these plans before the city will issue a building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. MIS 1=1 d. Install the paved driveway for each unit. e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required landscaping (including the plantings around each unit and around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). g. Install on-site lighting for security and visibility that follows the approved site 20 lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. h. Install additional trees along the north, east and south property lines of the site (where possible) where the proposed or existing vegetation would not screen the town houses from the existing roadways and dwellings to the east. These additional materials are to strive to ensure that there will be at least a six - foot -tall screen on these sides of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 3. All work shall follow the approved plans. The city staff may approve minor changes to the project plans. 21 Agenda Item 19 Knaak & Kantrud, P.A. A T T 0 R N E Y S A L OFCOUNSEL: t H. Alan Kwitrud Tom Dailey hakantrud@khimus Doti Mohler direct: 612-7434242 114 Qualified Neutral by die Minnesota State Bar Association MEMORANDUM DATE: 18 July 2007 TO: City Manager, Greg Copchuid RE: Private Water Main Agreement Amendment In 1993 die City cal' Maplewood acquiesced to die placcii of'a private water main in the City to service the Ramsey County Correctional Facility (RCCF). The original agreement Aims made between the City, the Count) and the Board of'Water Commissioners. As Council luioivs, the RCCF is expanding its facility. Par( ot'that expansion will require that the private water main be moved to accommodate the building expansion. 'While the City was merely an incidental interest- Bolder in the original at,Tcerncrit, our interest in this aniendi to that agreement is even less. We were essentially provided kiith indemnity for anydiing that went wrong ivith the private water nialin 1)) way of the original agreement - it changes -otcction. The ori and this aiiiendnici anges nodiing �6di respect to that ongoing pi 0 gi agreement, aniendnientwid design-print are attached 1 reference. I have rneL with the Assistant Director of'tic facility, Mr. Bruce Thompson, Kurd lie has provided all information requested of* him. Recommendation: Please accept the iii to the Agreement of'May 18, 1993 , ai main by the RCCF to accommodate their -ithorizing the movement of* die private water ni, facility expansion. This does not require it resolution, inerely signature ol'aic Manager and Mayor. jl�� RECORDED ON AO11993 TMS FYI n' U, Made this _/_9_ da of tea 1993 by and between the COUNTY CP RAMSEY, a Minnesota. Political Subdivision, hereinafter designated as "C OUM ", the CM OF MAPLEWD, a Minnesota ftni.cipal Corporation, hereinafter designated as "Maplewoor axed the BOARD QY WAM COMSSIOSM, City' of Saint Paul, a Minnesota Municipal Corporation hereinafter designated as "Board". WREUM, The County owns the foiloving described .land situated within the corporate limits of the City of Maplewood in the County of Ramsey* and State of Minnesota: The East one - bal.f (E 1/2) of the Northeast one - quarter (RE 1/4) of Section 12, Township 28 North, Range 22 hest, Ramsey County, Minnesota, lying northerly Of Lower Afton Road. and has made application to the Board for water supply* service to be afforded from the Maplewood water supply system to the above described Premises according to the rates and charges payable therefor by the County its successor$ or assigns, to the Board, as the same may be established from time to tom, and WHEREAS, The Boars during all times herein mentioned did and does manage, control and operate, Pursuant to the Home Rule Charter of the City of Saint Paul, its water works a public water supply system primarily for the purpose of furnzi.sbing an adequate supply of seater for industrial commercial and domestic purposes to residents of the City of Saint Taul within its corporate limits; and incidentally to residents of the 'City of Maplewood for the same or similar purposes, pursuant to agreements by and between the Hoard and said last named City and ordinances of said City of Saint Paul and City of Maplewood z ermane thereto; and ln&u # NOT aY AUDITOR RETURN T ec copy LOU McKENNA Car Copy Ardis - ms y Cap :, Arts :ruMa nw 1 3Y N �•� 04 -17-2007 15:03 LOUCKS ASSOCIATES 7 F_4 5822 PAGEi .. f 2 ` 7414 83 NW, THMUEEM, in consideration of the mutual covenants herein contained, the paacties for themselves, their successors and assigns, do hereby Mutually agree: as follows: 1. The County does hereby convey and grant to Maplewood and the Board a perpetual private water main easement an, under, through, over an4 across the fallowing described land: A 30 toot wide permanent crater maiP easement over the Northeast Quarter of Section 12, Township 28 North, Rye 22 West, mosey County Minnesota, lying northerly of Lower Afton Road, the centerline of which is described as follows; Commencing at the Southeast corner of said northeast Quarter, the East line of which has a county coordinate system bearing of North 0 degrees 27 minutes 35 seconds West; thence North 48 degrees 10 minutes 32 seconds West for a distance of 1431.22 feet to the point of beginning; thence forth 3D degrees 33 minutes 52 seconds East for a. distance of 124.47 feet; thence North 18 degrees 46 minutes 10 seconds East for a distance of 532.36 feet; thence North 18 degrees 46 minutes 28 seconds East for a distance of 175.01 feet; hence North 1 degree 23 minutes V seconds East for a distance of 124.12 feet; tbancc north 9 degrees 10 minutes 58 seconds Fe.st for a distance of 190.04 feet; thence South 88 degrees 09 minutes 04 seconds East for a distance of 229.96 feet; thence South $2 degrees 06 minutes 14 seconds Bast for a distance of 129.99 feet; thence South 20 degrees 37 minutes 21 seconds East for a distance of 444.99 feet; thence South 27 degrees 23 minutes 49 seconds West for a distance of 144.76 feet; thy: -ace South 69 degrees 36 minutes 10 seconds West for a distance of 154.05 feet; thence North 71 degrees 33 minutes 00 seconds Rest for a distance of 340.51 feet beins the center- line of said described easement and there terminating, 2. Maplewood and the Board do hereby grant permission to the County to construct, maintain, reconstruct and repair the private water main necessary for the furnishing of water service to the following described meal property subject to the terms and conditions contained berein. The East. one -half (E 1/2) of the Northeast one: -- quarter (NE 1/4) of Section 12, Township 28 Borth, Range 22 West, Ramsey County, Minnesota, lying northerly of Lower Afton Road. 3. The County shall, construct the private water main at its sale cost and expense, in strict accorda=e with the approved plans and specifications on file 04 -17 -2007 15:04 LOUCKS RSSOCIATES 763 424 M22 PAGE2 Z ANJ with Mapl ewood and the Board, under the supervision and to the approval. of Maplewood and the &oaard and within the ease, ent described in Section 1. All service connections from the private water main shall be constructed by the County at its sole coast and expense, in strict accord with plans and speca.fica.tions approved and an file with Maplewood and the Board, under the supervision and approval of Maplewood and the Bogard. 4. All necessary maintenance, repairs, operation anal /ter replacement of the main and service connections shall be borne by the County at its sale cost and wpeAse. in strict accord with plans and specifications approved and ors file with Maplewood and the Berard and subject to approval by Maplewood and the Board. S. The Board, at the request of the County or in case of default of the County in relation to the construction, reconstruction, maintenance, repair or operation of said private maim, may upon giving advance notice to the Workhouse superintendent enter upon said easement and construct, reconstruct, ,maintain, repair or operate said private main for the aforesaid purposes of the same and all reasonable cost and expense thus incurred by the Bogard shall be chargeable by the Board to the County and shall became due and payable upon presentation of a. proper invoice therefor. In the event of nonpayment, the Board reserves the right to dewy service. 6. The Board agrees to supply water service to the real property described in Section 2, as the same have been or shall be developed for institutional purposes, subject to and in accordance with applicable rates or charges, rules and regulations as they are or shall be established from time to time by the Board. It is understood and agreed however, that the Board undertakes to furnish such water supply only In case the pressure An its main is sufficient to enable It so to do, and the Bogard assumes no responsibility for failure to supPlY water resulting from acts or conditions beyond its control. CHIC G1.2...9 7 -:Z>MC Sr 7 4 �, f:1Lf i'i3 tt"!! CiCChf' T'>*Y"i" 7G.'2 4- .L1 ErG !$ . — - 113'3 "U- .lt..lLL x 7"sL'iS.�.J w 2741483 7. It is agreed by and between the parties hereto that this agreement shall be subject to water service rates, rules and regulations germne to the subject of this agreement now in farce and hereinafter prescribed and promulgated by Maplewood or by the Beard and further, that there shall be and hereby is reserved to 144pl.ewodd and the Beard the right to changes revise, alter, and amend such rates, rules and regulations as their discretion shall direct to the end that such rates, rules and regulations shall be reasenahle. $- No extension of the private water main shall be made without the prior written consent of Maplewood and the Board. All necessary service. cormecticn tags from the private water main shall be installed by the Board upon due application therefor on a forma supplied by the Board and shall be installed by the Berard at the cast: and expense of the party requesting the same. Official, addresses for each service connection shall be obtained by the Getty from Maplewood and furnished to the Board prior to the installation of service connection taps, 9. The Board reserves the right to shut off the water service when necessary for the extension, replacement, repair or cleaning of the private water main or apparatus appurtenant tbere.ty, and the Board shall not be held liable for any damage occasioned thereby. The Board shall., however, provide advance notice to the WOrIthouse superintendent before strutting off mater service. 10. This agreement shall be binding upoa the County, its successors and assigns. The County shall not assign its rights and obligations hereunder without first obtaining the written consent of 14apleubod. and the Beard, which consent shall not be unreasonably withheld by Maplewood and the Board. In the event that the County desires to transfer its title to all or a portion of the Premises described in Section 2 hereof, it is expressly understood and agreed that the County and transferees shall enter into an agreement by ,which the transferees 4- 04 -17 -2007 15:04 LOUCKS ASSOCIATES 763 424 5922 PAGa64 2741483 shall agree to pay all or a proportionate share of the cost of maintenance and replacement of the main; and further agrees to assume *11 or a proportionate share of the responsibility and liability arising out of the operation, maintatance, use and repair of the main or service pipe. This agreement shall be in form as to be subject to recording with the Ramsey county Recorder, the form shall be subject to the approval of Maplewood and the Board and Maplewood and the Board shall be provided with an executed copy of the agreement. 11. That the County, in consideration of its being supplied water by the Board, upon the terms and conditions herein outlined, shall cOmPly strictly With all of the rules and regulations of the Board, and pay or cause to be paid unto the Board therefore according to all applicable rates and charges Prescribed and promulgated therefore by the Board now in existence or as may be modified or amended, which are hereby incorporated herein by reference. The Board reserves the right to shut off the water su pply for nonpayment of applicable water charges, and it is expressly agreed that such =paid water charges and costs incurred by the Board pursuant to this agreement shall be and constitute a lien upon the real estate served pursuant to this agreement. The Board shall notify the Workhouse superintendent at least 30 days before termination of Rater service for nonpayment. 12. The County, its successors and assigns, shall indemnify, defend and save harmless, Maplewood and the Board, their officers, agents, employees and servants from all suits, actions or claims which sball arise from any injuries or damage caused by any break or leak in any service Pipe, main or connection, on said real property, excep th ar f rom th ne gligence of Maplewood or the Board that may occur from the furnishing of a supply of water by the Maplewood and the Board to the County, its tenants, successors and assigns or other persons, firms or corporations served and to be served by this private water -5 - 04-17-2007 15:05 LOUCKS ASSOCIATES 763 424 5822 PAGES main; and further, that the County its successors and assigns, shall save harmless, indemnify and defend Maplewood and the Board against a0Y Claim, action or lawsuit brought against Maplewood or the Board., except those arising from negligence of Maplewood or the Board, in connection with or as a result of the furnishing of such supply of water, by Maplavood axed the %ard., to the County, or rather persosns firms or corporations served on said premises; by such private grater main. IM WITNESS WHE P, the parties bereto have hereto caused these p resents to be executed the day and year first above orit.ten, APPROVED AS TO FORK: Assistant County Attorney STATE OF HIMMA) ) as coum O$ RAMSEY ) 93r Chairman, Board of Ramie Couunty Comm' ioners B ti6f Clark-. Board of Ramsey county Commis •'.o ,.rs c» mmunity Corxecti.o" The foregoing instrument was acknowledged before me this /,? day of bf , 9993 by A Chairman and , of the Board of Ramsey County Commissioners, a Minnesota Political Subdivision, on behalf of the County of Ramsey. This inrstrum ut was grafted Eby: Saint Paul 'Water 'Utility 400 City Hal Anne Saint Paul, ffinuesrota. 55102 Signature of person taking acknowledgment R SMTA & SCH EPER Wimv, Tuauc— i'AU&MOTA Y R MSEY COUNTY Mx rcrr is�ton axp9res M - ..b-. 04 -17 -2007 15:05 LOUCKS ASSOCIATES 763 424 5T22 PR EG Ci LZ By STATE OF MIRUMA � twUNU OF RAN= } :.- The foregoing instrument was aeRnaw .edged before me tihis '� .- day of 1998, by � !� ���-- and Mayor and City Manoze3r, respectively, of the City of Maplewood, a Minnesota Municipal Corporation, on behalf of the Corporation, PAIR FAY fz ,p j r or y ¢. I �MI: sor,� Signature of person Gang a d� h � r��r2e arrestt 'st COD MY torrn.iso ;a:.xai; i�-l�y y8 - 7 - 04 -1i'- 007 15:05 LOUC S ASSOCIATES 763 424 5822 PRGE'"r 2741483 MW APMvW*v Bernie. 8ueYt, General Mnes Ash st City rl Ci Saint a TO (aTY OF SAM PAUL t9[3B�x6m; lAno Crtterin, President Riot rs�ax�t I}ir Managemexit Services Beep Mapes, Secr ary STA'M OF MINDiEMA) � SS 00M3 Y OF RAMSBY � The foregoing instrument was acknowledged before sae this of 3 �4k _., 1993, by Dito Guerin, President and Betty Lou Mapes, Secretary of the Beard of 'later Comissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. NOTARY P0LIC- MtNNEtOTA iggnakure o person t it�8 . c ledgme tt RaMM COUNT MY cd7AbNaSSlo" 0"A C)410'a 24. IVA X 04- 17_2007 15•.05 LOUCKS ASSOCIATES 763 424 59M PAS 2741483 v Richard A. Gehrmu, Direatcr of th D of Finance & M Services. City Of Saint Paul STATE OF KINNEMA) ) SS CGUM OP RA YAW ) The foregoing 40stru was ac" awled g ed before me this 4L day of 1993 by Richard A. aebman, Director of the Department Of iz ce Management ServIcest City of Saint pawl, a Mi nneso t a cipal car - poration, on bell,?,If of the corporation 'ation' Sig re of person taking acknowledgms'nt WINTIMT&V - 1 _X R11A 0. MR Roily 0 . to= - ./city CleA Cit of Saint Paul lie RA-MW STATE OR S3 COUMT OP RANSAY ) The foregoing instrument w, acknowle4ged before M this day of 1993, by M01 I Y O'Rourke, City Clerk 01 ty of Saint Paul t a Minnesota nwicipal corporation, On behalf O the cQ Sign ure oyperson taking ackfiovIed'Sment SA4v,vvvvv,wvvv,*~WM d =- * COUN TRUDY M. W 0 NO tt M TARNYPVBUC �­113. QI RNSEY cColic _ EXPIM 3. jamesrScheibel. Mayor-, City of SalAt Paul ML1'*nExPiMS 7A STATE OF MUNEWA) an SS Coum OF RAMW ca The foregoing instrument was acknowledged. before ft this day of 1993, by James scbeibel, Mayor. City of Saint Paul, a H Aesota municipal corporation, on behalf of the corporation. e-r-11k Mrn =Qo -= 7-1 0 .� Ono. 00 ,= p -4 jjjj4 J i kA tgthANW fL IMARFE S p takits ack'now edgment "Ta tiOTARY PUSUC—M WASHIMON 04-17-8 87 15:06 LOUCKS ASSOCIATES 763 424 5822 PAGE9 OFFkG OF THE SOARD OF WATER COMMNStOMERS RESOUMON — GFNERAL P+RM hta 4172 WHER1:AS, The Ramsey County Board of Commissioners has requested permission to install a private water main to serVe the Ramsey County Workhouse at 297 South Century Avenue with domestic water service and tire protection? and WHEREAS, The county proposes to construct the private water maim according to Water Utility Standards and the Count agrees to accept full responsibility for the maintenance an repair of the private water main and hold the Board and the City of Maplewood harmless tram all claims that may arise from the existence or operation of the private water main.; and WMREAS,. water Utility staff has received sufficient information with which; to prepare a private water main agreement and the General. Manager recommends that the soa.rd approve this agreement; now, therefore, be it RE$OLVZ3, That . the Board of water Commissioners hereby .approves the proposed private water main agreement to prOVi.de domestic water service and fire protection service to the Ramsey County workhouse, 297 South Century Avenue, Maplewood, Minnesota, to be constructed in accordance with plans and specifications conforming to water Utility Standards knd as approved by water utility staff, and that the proper officers cif the Board are hereby authorized and directed to execute said private water main agreement on behalf of the Board, Water Comnidssion Yea$ NM Reitman Schmi4t V:We s resideat Eyler President Guerin In favor oppase&� Adopted by the Box-4 of Wata Cmm!Woners Jsr a 2 92 G=r. --/ X53 - Ozp- 34- 17-2007 15:06 LOUCKS ASSOCIPTES 763 424 5BE2 PPGEIO Resolution Ramsey County Commissioners Presented By Attention: 'Commissioner Reinhardt Budgeting and Accounting Jolly Mangine, Property Management Carol Roberts, Community Corrections WHEREAS, In 1993, the Ramsey County Board and the Board of Water Commissioners entered into an Agreement which permitted a private water main to provide water supply services to the Ramsey County Correctional Facility; and WHEREAS, The County Board has recently approved the construction addition and renovation of the Ramsey County Correctional Facility; and WHEREAS, Certain portions of the existing private water main must be relocated, requiring modifications to the existing easement agreements, to accommodate the construction addition; and WHEREAS, The modifications to the easements required an Amendment to the original Agreement; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners hereby approves Amendment No. 1 to the Easement Agreement for Private Water Main at the Ramsey County Correctional Facility, 297 South Century Avenue, Maplewood, MN; and Be It Further RESOLVED, The Ramsey County Board of Commissioners hereby authorizes the Chair and Chief Clerk to execute the Amendment on behalf of the County. Date June 2 6 2007 No. 2007-218 RAMS EY COUNTY BOARD OF COMMISSIONERS Victoria Reinhardt Janice Rettman Tony Benue air By Bonnie C. Jacket + Chief' c f Clerk - P)�urd Boa jU� YEA NAY -- _ - �QTHER Tony Bennett X Toni Carter X Jim McDonough X Rafael Ortega X Ian Parker X Victoria Reinhardt Janice Rettman Tony Benue air By Bonnie C. Jacket + Chief' c f Clerk - P)�urd Boa jU� FINANCE NO. 02-8950 THIS AMENDMENT NO. I TO AGREEMENT, made this 2 1 " day of June, 2007 by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, Minnesota ("Board"), RAMSEY COUNTY BOARD OF COMMISSIONERS, Minnesota, ("County") and the CITY OF MAPLEWOOD ("City")being an amendment to that certain Agreement made by and between Board, City and County the 18"' day of May, 1993, and by this reference incorporated herein and made part hereof with the same intent, purpose and effect as if said Agreement were set forth herein verbatim. WITNESSETH: WHEREAS, the Board, City and County did enter into an Agreement which permitted water supply service to the Ramsey County Correctional Facility at 297 South Century Avenue; and WHEREAS, County desires to relocate this private water main outside of the easement area described in Section 1. of said Agreement; and z:1 WHEREAS, The Board is willing to -rant said permission to County, consistent with the requirements and safety of the works of the Board. NOW, THEREFORE, BE IT AGREED, in consideration of the mutual promises and agreements of the parties hereto: That subject to all the terms and conditions contained in said Agreement between the parties hereto made and entered into May 18, 1993, and the terms and conditions contained herein, Board hereby grants to County the permission to relocate private water main upon the necessary portions of said Premises and to there within install, maintain and carry out all Board approved operations in respect to the following: V:I,r--NGINEERING CLERICAL\BOARD\,AGREEkIEN"rS1l'RIVA'I'E C 1. The County does hereby convey and grant to the Board a perpetual water main easement, under through and over and across the following portions of the property, as Z� described and shown in 'Exhibit A', attached hereto and incorporated herein. This Amendment is made and executed pursuant to and under the authority of resolution numbered adopted by the Board of Water Commissioners of the City of Saint Paul on the _ day of 2007, a copy of said resolution being annexed hereto and by this reference incorporated herein and made a part hereof the same as if set forth verbatim. [The remainder of this page is left intentionally blank.] zll� V:\E-NGINEERING\CLERICAL\BOARD ACRE EIII NTS\PRIVA'FE C IN WITNESS VV1nRE OF, the parties hereto have executed this Amendment No. I to Agreement, the day and year above written. KUM 1 11 - 3 M a I Assistant County Attorney COUNTY OF RAMSEY Chairman Board of Ramsey County Commissioners Risk Management Chief Clerk, zord oMamsey County rs Commission rs STATE OF MINNESOTA) ) SS COUNTY OR RAMSEY ) The foregoing instrument was acknowledged before me this day of 2007 b 71tg nt& Chairman and 0 J V Chief Clerk, of the Board of Ramsey County Commissioners, a Minnesota Political Subdivision, on behalf of the County of Ramsey. signature of person taking acknowlegment I ROBERTA A. CRANCER NOTARY FO • MMESMA MY COMMISSION EXPIRES JANUARY $1, 2MO V:\ENGINEERING\CLERICAL\BOARD AGREEMENTS\PRIVATE C CITY OF MAPLEWOOD STATE OF MINNESOTA) ) SS COUNTY OF RAMSEY ) By Mayor By City Manager zl.� The foregoing instrument was acknowledged before me this day of 2007 by Mayor and City Manager, respectively, of the City of Maplewood, a Minnesota Municipal Corporation, on behalf of the Corporation. a of person taking acknowledgment Si C For the Board: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Approved: 0 Patrick Harris, President Stephen P. Schneider, General Manager Saint Paul Regional Water Services I Form Approved: 6; S ell By: Assistant City Attorney City of Saint Paul STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) Janet Lindgren, Secretary The foregoing instrument was acknowledged before me this day of 2007, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. STATE OF MENNESOTA) )Ss. COUNTY OF RAMSEY ) Signature of person taking acknowledgment C71 The foregoing instrument was acknowledged before me this day of r.� 2007, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a M Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment C� V:\ENGINEERINri CLERICAL\BOARD\AGREEMENTS\PRIVATE-MAINS1N,IAPLEWD\RA?vISEYCO-A EN'FURY.061207.DO C Matthew G. Smith, Director Office of Financial Services STATE OF MINNESOTA COUNTY OF RAMSEY ) SS. The foregoing instrument was acknowledged before me this day of z::, tv 2007, by Matthew G. Smith, Director, Office of Financial Services, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment V:\E-NGINEERING\CLERICAL\BOARD\AGIZEEMENTS\PRIVATF- C BOARD OF WATER COMMISSIONERS RESOLUTION —GENERAL FORM No 6049 PRESENTED BY Kleindl June 21, 2007 COMMISSIONER DATE WHEREAS, Ramsey County having entered into an Agreement with the Board of Water Commissioners, and the City of Maplewood, dated May 18, 1993, for the purposes of providing I domestic water service and fire protection from a private water main to the Ramsey County Correctional Facility at 297 South Century Avenue; and WHEREAS, Ramsey County desires to relocate said private water main outside of the easement provided for in said Agreement, and has provided the Board with an amended easement description to accommodate the location of the relocated main; and WHEREAS, staff has prepared an Amendment No. I to Agreement with Ramsey County which -grants Board permission to relocate said private water main; and grants the city attorney's office has reviewed and approved said Amendment No. I to Agreement as to form, and staff does recommend approval of said Amendment; now, therefore, be it RESOLVED, that the Amendment No. I to Agreement between the Board of Water Commissioners and Ramsey County is hereby approved in substantially the same form submitted and that the proper officers of the Board are hereby authorized and directed to execute said Amendment No. I to Agreement on behalf of the Board, following approval by the assistant city attorney. tn Z:� Water Commissioners Yeas Anfang Kleindl Vice President Zanmiller President Harris Nays Adopted by the Board of Water Commissioners In f avor 4 Opposed --L June 21, 0 07 S✓CY. \ � �� \ , \ \� W 5 `a i.�ir. %� $ a � N 'p2z Agenda Item 110 RESOLUTION SUPPORT FOR METROPOLITAN COUNCIL'S 2007 JOBS ACCESS REVERSE COMMUTE APPLICATION WHEREAS, the Maplewood City Council desires to voice its support for the Metropolitan Council's 2007 Jobs Access Reverse Commute Federal Grant application to improve service on Route 219 in the communities of Maplewood, White Bear Lake, Mahtomedi, Oakdale, North St. Paul, Landfall and St. Paul. The application proposes improved frequency on the route, an extension of service hours on weekday nights, and the introduction of new Saturday service. AND WHEREAS, Route 219 is a vital part of the transportation system in the communities it serves, providing connections to job and career training programs at Century College. The route also connects under- and unemployed persons to entry-level job opportunities in the Sun Ray Shopping Center and Maplewood Mall. Service improvements to Route 219 would benefit our community by improving job prospects for low-income individuals and helping our businesses attract a dependable workforce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Supports the Metropolitan Council's 2007 Jobs Access Reverse Commute Grant Application to take advantage of this federally funded grant to improve transportation to and from employment opportunities for members of our community. Diana Longrie, Mayor Rebecca Cave Eric Hjelle Kathleen Juenemann MISIZZWOR. a a a o f1 � K �• tl � cnn a � 2 n. c z m us a 0 S S' r 1'r Q ZFT� 0 c rr. a-�Z O m ct0 N f9 rf w I � j w C4 �,, C's a °a ` � a r, F 05 MMMA a a o f1 � K �• tl � cnn a � 2 n. c z m us a 0 S S' r 1'r Q ZFT� 0 c rr. a-�Z O m ct0 I � j 6.W ro �' aG m o �,, C's a °a ` � a r, F 05 MMMA a o � _ �m 0 � — ° "' ° �o ND Tvn cc d'in ° r - - O. nL6M" o N � D 6 3- osG w tv- � p n "I" •cnon�nm� pt n ' • • • G .L w N -'v U a lu N +Qj -+ e 3 ' v - 9 ID _ -i c w P1 H ,$ �Q 2 - S � aa a.., e U Etc �S Ef7 ? d n � o-g n n . w n n� - a w b n b p Q 1� • a n GI 6. a A c^Ti `.� �• � a � a a � ? 9 � v O U � Y. � 6 � 6 = T � � N 4 � 7 � � o � b � M* = E aaF a »�n3�3 5 c c r . r� G -a S o - A fl 3n �� aGp� cY a�Snii � �S3 s na�a'�a�;ro.N ° [b f nu Spin s 0C, F caa ;L g ° aT 6 -te Via" o <vro aN 3 ^ryas ^c n vi z m w o- r —C . .�'O Eto �, ° �d t M= ff m ;p a°"c 5���"s ° c"� -'�',r b � d� �� 4 �a i � 3 r3 � � S'o ' ' @u l P - p m S a aRSKe� as N Ci oX �c .. .� 5a- a''�'' b83rar F M + , .. ao ci GL a: a.. m a dab ;3 Ft to aGC Z, � °� 6$ bo�t�, EL o a 'a_ pys C1 E E �c�ua N 'n JO n " � a .n S' r epm $,u To C o �© O'" � a �$� 6 iTa � N 4A 4A n cn N N N N p7 ^ ..6 ,'F �„w,n6�� n S T7'�e3 �a V+ V 4 V D �a ����---e a °a r, F 05 'n CCD "' ° �o °' °. 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[ K a b a ui •in �q£ a � � � A, a ca to _ � � V m •^" �.,y '�d �"o� � i� NNr J "r J '•'NNC S'' .�� s S YAb >Lb�PAAav Esa a t � aa U a Y [ 6 �U[.tl CdIPL "".' , O ,Sal o ^ aaw n Al - raN IP P 'b a� n � f'a abbaA ,n a G ' e amauN� ° ts n5 _:a � •. g oaoaoo ��"�ALLinA � - C ma aura.. ti oj� IN aJ OO wi i' � ACCT 4'S C1 cO CStl @GO a �1 oaaursaN oa-r ra N c �� °g$Yga aagg$N Q ;o 3 r . -�mm apvN- mm Srq$ w R EL q � �iS g H��k�N ti h1NW� - ih a a nC "WP-ro ��33 -- p O a° c Agenda Item K1 TO: Greg Copeland, City Manager FROM: Charles Ahi 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 19.2007 As part of the Desoto-Skillman Area Streets Project, the residents Of Mississippi 8tna8t requested the installation of park equipment 0no vacant City lot. Council Member Cave is arranging for park equipment LVUe available in2O08. Preparation Uf the lot is necessary prior k} the arrival ofthe equipment and i8cost effective if done with the on-site contractor. Approval from the Council is requested k} negotiate the change order for the grading. Background Attached iS the petition from the residents Of Mississippi Street. The property b; city-owned property that i3 available for use aS long as the primary use Vfthe site remains for drainage purposes, due b]use-deed restrictions. The pnJp0s8| vvVV|d be that at least 50% of the nearly 1-8Cne parcel remain for drainage needs, with about 2O.000 square feet (approximately 1 /2@CFe)being graded for the park equipment. The estimated costs are as follows: Tree clearing and stump removal on = $6,000 Grading — Drainage OnY2aCre = $0,000 Turf Establishment on 1 /2acre = $3,000 Total Cost = $15,000 VVR had assumed about $15.000'S2U park equipment, with installation bv our crews inthe original estimate, which is why the original pnJpos8|vvGsf0r$35,0UO. These are rough numbers, but vv8are confident that the job can get done for this amount. |ti3 clearly cheaper todo the grading work 8s part of this project. Probably saves about $2 Also, not getting the park equipment until 2UO8allows Us time tV establish turf before the heavier usage [f the site. Park Commission On Wednesday, July 1 8th, the Park Commission met on site with Council Members Cave and Hjelle, along with City Manager Copeland and the petitioners tO view the site. The Park Commission met with the petitioners 8S part Vf their regular meeting 8swell. They recommend that this proposal, with the change in the motion t0 read that vve are installing 'playground eqUip[Oe[d', rather than park equipment. Staff concurs with this change. We need tOavoid reference tO this area as park to maintain the drainage purposes as the primary usage 0f the site 8S related to the use deed. The motion by the Park Commission passed ayes 8||. The Commission requested that they continue with this area 8S part [f their neighborhood process. Agenda Item K1 hiS recommended that council authorize the City Engineer tO negotiate 8 change order with the contractor for the Desoto-Skillman Area Streets Project, Qb/P jeCtO0-18,forthepVrpos8ofgr8ding8nddn8in8Q8 improvements to the vacant lot at Mississippi Street and County Road B in preparation for the installation of playground equipment. Attachment: 1. Petition from Mississippi Street Residents Z 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 K2 � RA 1 - 1 • V-74 To: Greg Copeland, City Manager From: Bob Mittet, Finance and Administration Manager Date: July 16, 2007 Re: Changes to Proposed Capital Improvement Plan On June 25, the City Council received an updated Proposed Capital Improvement Plan 2008 — 2012 (CIP). I am recommending, herein, some changes to be made to this CIP. These changes are as follows: 1. During discussion at the meeting, it was agreed that a snow plow truck be reclassified from deferred to included in the CIP. The estimated cost of this truck is $184,000 and it would be paid for from funds in the Fleet Management Account. This would be a 2008 purchase. 2. Council and staff have discussed moving the Ferndale/Geranium and Lark/Prosperity street projects from 2008 to 2007 to take advantage of competitive conditions among road contractors. Council has approved the expenditure of funds in 2007 for preliminary work on these projects. Staff recommends these projects be advanced in the CIP to 2007. 3. The Council has heard on several occasions about the savings the city is realizing on road reconstruction projects. Recognizing the economic climate allowing these savings, I am recommending that Council explore the possibility of extending these savings into the repair and/or reconstruction of the parking lots at City Hall, Public Works and the Community Center, which had been deferred only due to costs of the projects Previous Current Estimate Market Savings Public Works 58,500 31,000 27,500 City Hall 85,000 73,000 12,000 Community Center 150,000 96,000 54,000 Total Cost Savings 293,500 200,000 93,500 Amount shown is net of anticipated grants. July 19, 2007 It is now staff's opinion that all of these parking lot projects can be combined and, if bundled with the Lark/Prosperity street projects, could be done for a net cost of $200,000. Staff therefore recommends moving these parking lot projects up to 2007 to coincide with the advancement of the Lark/Prosperity street project. 4. At this time, staff is proposing the inclusion in the CIP of $40,000 to fund the development of a comprehensive trail plan for the city. In addition, staff proposes the expenditure of approximately $300,000 per year from Park Acquisition fees for trail construction. 5. The timetable shown for the Schedule for Public Improvement Projects to be constructed in 2008 will be compressed to allow for an earlier award of bids. Neighborhood meetings will begin in August 2007 and end with award of bids in March 2008. 6. The Schedule for 2008 Bond Issue will be advanced by about 3 months to allow for earlier payment of contractors for 2008 street projects that will be pushed up to take advantage of continuing low contractor bids. 7. Miscellaneous and clerical errors are corrected. Staff recommends adoption of the CIP as amended herein. 2 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Service Manager DATE: July 17, 2007 RE: Owner/Manager Intoxicating Liquor License Introduction Agenda LI Christopher Rude has submitted an application for an on-sale intoxicating liquor license to be used at 1900 E. County Road. This is the Broadway Bar & Pizza location, Mr. Rude is also the new owner. Background Mr. Rude was raised in Edina and currently lives in Plymouth and has had an extensive history in the restaurant business. In 1991 he started working for Champps in Richfield where he moved up to a training position. During the time he worked in Richfield he also worked at the Maple Grove Champps and worked up to a part-time bar manager position. He also worked at the Minneapolis and Minnetonka locations as a bartender and server. He left Champps to pursue his career in Real Estate. In November 2006 he was asked to manage the Broadway Pizza in Rogers which he did until February 2007. Sergeant Crotty spoke to one of Mr. Rude's references who said that he has known Rude for nearly 20 years. They met when they both worked at the same restaurant and have since worked together on mortgages as the reference is a mortgage banker. He described Rude as "fantastic, driven, grounded and has a huge heart". As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Rude. The following checks were completed: State and Federal criminal history check, State motor vehicle and driver's license file, State and National Wants and Warrants in the cities of Plymouth, New Hope, Rogers, Edina, Mankato, St. Cloud, Richfield, Maple Grove, Minnetonka, Minneapolis and Maplewood and the counties of Ramsey, Hennepin Blue Earth, Sand Diego, Steams, Benton and Sherburne. Mr. Rude has been given a copy of the City Code of Ordinances that applies to being an intoxicating liquor license holder and has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Considerntion It is recommended that the City Council approve the on-sale liquor license for Mr. Rude. Agenda L2 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Service Manager DATE: July 17, 2007 RE: Manager Intoxicating Liquor License Introduction Mandy Gillstrom has submitted an application for an on-sale intoxicating liquor license to be used at 3001 White Bear Avenue, the location known as Applebee's Neighborhood Grill and Bar. Background Ms. Gillstrom was raised in Stillwater where she graduated from Stillwater High School. Ms. Gillstrom held several different jobs until she was 18 and started at Applebee's. She has worked for Applebee's ever since (12 years). Ms. Gillstrom lived in New Richmond, WI for a couple years then moved to her current address in St. Paul in 2001. Seargenat Crotty spoke with Ms. Gillstrom's references that has known and worked with her for three years. Ms. Gillstrom was promoted to Assistant General Manager at the same time this reference took over the General Manager position. He described Ms. Gillstrom as a "great person", "honest", and "100% Integrity". As required by City ordinances, the necessary background investigation was completed by the Police Department on Ms. Gillstrom. The following checks were completed: State and Federal criminal history check, State motor vehicle and driver's license file, State and National Wants and Warrants in the cities of St. Paul, Oak Park Heights, Roseville and Maplewood and the Counties of Ramsey and Washington. Ms. Gillstrom has been given a copy of the City Code of Ordinances that applies to being an intoxicating liquor license holder and has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Consideration It is recommended that the City Council approve the on-sale liquor license for Ms.Gillstrom. Agenda Item L3 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 L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Gladstone North Area Street Improvements, City Project 04-15, Resolution for Acceptance of Project DATE: July 12, 2007 INTRODUCTION The Gladstone North neighborhood street improvement project was constructed in 2004. Final construction expenses and financing have been determined. The final project budget is under the approved budget by $25,058.28. The city council will consider approving the attached resolution for acceptance of the project. Background The project is final and complete. The approved budget for the project is $2,766,600. The final project costs are $2,741,541.72 and includes all construction and engineering costs associated with the project. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Gladstone North Neighborhood Street Improvements, Acceptance of Project. Attachments: 1. Resolution 2. Location Map RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Gladstone North Neighborhood Street Improvements, City Project 04-15, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 04-15 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. GERVAIS A VE. GRAN DVI EW AVE. 36 L VI KING DR. U) SHERREN AVE. �-- Cn U) U) Knuckle Head Lake COPE CT. COPE AVE. d LARK AVE. C� LARK Cn Q' cr z ° CO. LRD. 0 v v Q Q LAURIE CJ p Sherwood< E L-J LEALAND RD. _ 4 SAND HURST Of Pork z AVE. JUNC =ON AVE. w CO. Ti bk r - J � g � z °- `T' q� BURKE BURKE AVE. v-i L URKE Z— J,, F m o ��•O T CN CIR ELDR IDGE AVE John Gle U) -71 (10 N E. B MON LN. 0 4 � GATEWAY SKILL �`P VE. O SKILLMAN AVE. w HARRIS AVE. > Q ROSEWOOD 1 D vi AVE W rr —J =D) W Robinhood = ROSEWOOD p ROAN J v w Park z R AN AV. AVE. S. O TRp`I Flicek w _ z C j V b,C J Park F- U (/? Q n- n I c� FR ST AVE. fl =E NTON AVE. W (A U) g W Z Gloster M ER AV E. v w SU MM�R AVE. J ° Park m p 2 ry W FRISBIE AVE. v Paakefield rk RIP LEY A E. —° z Project location no scale Exhibit 1 P Locatio Gladstone North Area Streets 04-1S Agenda Item L5 TO: Greg Copeland, City Manager FROM: Charles Ahi Director of Public Works/City Engineer SUBJECT: St. Paul Monastery Redevelopment Project, City Project 07-02" Resolution Receiving Petition and Ordering Preparation of Preliminary Report DATE: July 13, 2007 Sister Carol Rennie, representing St. Paul's Monastery, iSrequeStn0C0nSideratOmOftheinsto|katkonofthe public utilities and roadways with their property redevelopment plan. Council approval bJ receive the request as S petition and authorizing the preparation of preliminary report to determine the feasibility of the extension of utilities and construction of the roadway and trails is necessary to proceed with this request. Background Attached iS the letter from Sister Rennie. The improvements tOb8 installed include city water and sewer extensions, storm S8vv9r. public {tr88tg, gidevv8|kg along the interior public roads and L8rp8nt8Vr/4/enu8 and drainage facilities LV provide overall 8tVrnn vv8t8r management for the site and public streets. The estimated cost Of the public improvements isiD the range Of$70O.0OOtO$1 A preliminary study is necessary L0 determine the [88Sibi|hv of the work. Past Council 8cLk}nG have required property owners L0 pay the c0GL of these preliminary studies. We 8Sdnl8Le the cost of this study of the feasibility Of the improvements k]be $1O.000 and vv8 are recommending that the Monastery provide this amount oSan escrow h} assure that the costs are paid. Should the Monastery determine that they are not prepared LV proceed with 8n improvement project, th888cn}vvhJndGvvVV|db8UsedhJrth8City'GCOstVf studying the feasibility of the project. If project is approved and insta||ed, the cost of the preliminary study would beG project cOSt@sSRSS9dt0thRbRnSfitingpn]p8rtyGndth9e3Cr0vvvv0u|dberetU[n9dt0thR Monastery O[ firms providing the security. his recommended that council approve the attached resolution which receives the request of St. Paul's Monastery 8t2875Larpenteur Avenue East for the installation of public roadways, public utilities, storm drainage systems and sidewalks/trails and authorizes the pn]p8n8LiVn of preliminary report under the direction of the City Engineer, subject to the receipt of a $10,000 cash escrow from St. Paul's Monastery. Attachment: 1. Resolution Receiving Request and Authorizing Preliminary Report z. Project Location Map a. Request Letter from Sister Rennie I V to] Wei 9 [Q 101 WHEREAS, Sister Carol Rennie, representing St. Paul's Monastery of 2675 Larpenteur Avenue East has requested consideration of the extension of public utilities, construction of public roadways and sidewalks/trails, all necessary to serve the Council approved plans for the development of their property, and WHEREAS, it is proposed to make said improvements consistent with the said Council- approved plans for the redevelopment of St. Paul's Monastery at 2675 Larpenteur Avenue, City Project 07-02, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, 7 1 , O'TT, TMEREFORE, BE IT RESOL"r , - ED--RT"-T^E--r-JT-T-r-,a#;I'ICIL OP11kAP-L 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 St. Paul's Monastery establishing a $10,000 cash escrow to assure the payment of costs for the preparation of the preliminary report. Said escrow shall be returned to St. Paul's Monastery if the proposed improvements are ordered to construction. ()AKDA1,E t APPROXIMATE SCALE 0 3000' FIGURE I TRAFFIC STUDY Wenck FOR SAINT PAUUS PROJECT LOCATION AND Wenck Associates, Inc. 1800 Pioneer Creek Center MONASTERY Environmental Engineers Maple Plain, MN 55359 ANALYSIS INTERSECTION N APPROXIMATE SCALE 0 250' TRAFFIC STUDY FIGURE 2 We n c k FOR SAINT PAUL'S Wenck Associates, Inc. 1800 Pioneer Creek Center MONASTERY CURRENT DEVELOPMENT Environmental Engineers Maple Plain, MN 55359 PLAN oh, KIWI Aft S I I' S MONASTERY Mr. Charles Ahl JUL 12 j ;,/ Director of Public Works City Engineer {utc City of Maplewood 1830 County Road B East Maplewood, MN 55109 Re: Petition for Public Roads Dear Mr. Ahl: St. Paul's Monastery located at 2675 Larpenteur Avenue East, Maplewood, MN 55109 petitions the City of Maplewood establish and maintain Monastery Way and Benet Road as shown on the attached drawings as public roads. The Monastery agrees to have the City assess the cost of the improvement against our property. The City of Maplewood is granted the right and privilege to enter St. Paul's Monastery's property for the purpose of establishing the road. The City shall have a 50 foot right -of- way for the entire length of the road. The City is granted permission to use property located within 15 feet on each side of the right -of -way in order to establish the road for a period of up to six months following the start of road construction. Following establishment of the public right -of -way, the city is granted a 10 foot utility easement on each side of the right -of -way. The City agrees to repair or restore any damage to Monastery property as a result of road construction. St. Paul's Monastery reserves the right to withdraw the petition prior to the start of road construction and agrees to reimburse the City for all costs incurred up to that point. 10 0 141=119IMSTIF5=2 S c .. of R nee, OS Presidtenf Agenda Item L6 TO: Greg Copeland, City Manager FROM: Charles Ahi Director of Public Works/City Engineer SUBJECT: City Hall Campus Parking Lot Upgrade Program _Authorization to Explore Re- Paving Project with Lark-Prosperity Project DATE: July 13, 2007 The Capital Improvement Plan has proposed and identified the need for improvements bJ the parking lots 8t Maplewood Community Center, City Hall and the Public Works Building. |tiS proposed tOconsider adding the improvement of each of these parking areas into the bidding process of the Lark-Prosperity project to take advantage of area engineering and the exceptional bidding market to reduce City expenses. Council approval to explore this option isrecommended. Background The parking lots at the Public Works Building (built in 1878) Cho ||aU (built in 1984) and Maplewood Community Center (built in 1995) are showing signs of distress and are in need of upgrading. The current bidding market is continuing to ShVvv signs of prices that are well be|Vvv market values. If the City is considering investment in these parking lot improvements, it is recommended that the Council consider receiving bid prices with the paving work as part of the adjacent Lark-Prosperity project tOt@k88dv@Ot@gR of the project's bids and engineering services. Contractors are continuing to indicate that prices are Q8nen8||y 25% below the level paid in 2008 for similar work due LV nn8rk8L S|Vvvdovvn conditions. The preliminary estimates for the work are $80.000 for the paving work at Public VVOrkS. $85 for the paving work otCity Ho|| and $125 for the paving work 8tMaplewood Community Center for 8total of $300.000. These estimates are for costs for improvements done separately. |tis likely that these costs could be reduced by2U-2596if added 8S8 joint project toLheL8rk-F^rVSp8ritvp j8[t. Total City expense could bS reduced tO between $225.0OO and $24O |tiS proposed that the parking area 8t the Public Works facility be installed as porous pavement due to underlying drainage system and it is believed that a grant for $30,000 could be secured for this approach, which would reduce the City expenditure to approximately $200,000. This amount would be added Lo the bonding for the Lark-Prosperity project vvhich would result in an annual debt service payment to the City of approximately $16,000 per year for 15 years. It is proposed that staff explore these options as alternate bids with this project which vvou|d a||Ovv the Council to reject the alternate bids if the prices are too high and still proceed with the Lark-Prosperity It is recommended that the council authorize the City Engineer to prepare plans and receive bids with the Lark-Prosperity project, City Project 0-15. for the purpose of paving and rehabilitating the parking areas at Maplewood Community Center, City Hall and the Public Works Facility and further authorizes the City Engineer tV submit the necessary grant applications for the porous pavement proposed at the Public Works Agenda Item L7 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharleS/\hi Public Works Director/City Engineer Karen GUilfOile Citizen Services Manager SUBJECT: Staff Input on the Park and Recreation Commission's 2006 Annual Report/2007 Activity Plan DATE: July 17 The Park and Recreation Commission has submitted their Annual Report on 2006 Accomplishments and their thoughts on the 2007 Activity Plan as required by the Maplewood City Code. AS the Managers currently responsible for the activities of the former Park and Recreation Oep8rtnn8nL, we vv0V|d like to provide some input on the plans and activities for 2OO7 and beyond. The current liaison b] the Park Commission i8 our Environmental Manager, Dewey Kon8vvkn. We believe that h8 has done 8 very effective job intr8nSitiODiOg from the former Parks Director, who previously vvOrk8d with the Commission. The Park Commission has expressed G willingness k} partner with the Environmental and N8tUn8| Resource {|onnnniSSion and work together Vn projects that nnULV8||y represent the interests of both commissions. This seems like a good coordination of efforts h0 have our Environmental Manager providing this overall direction. We also foresee that Pauline Staples, our RRCn88tiOn & Marketing [}ir8Ct0[, will be providing an active nJ|8 as the liaison during the nRnloiOdSr of 2007 t0 provide COnlnlUDity Center and recreation advice to the CO[nnliSsiOD. While we PSCO0nizR that the Commission wishes to have 8 full-time Parks Director position, vvH believe that Dewey and Pauline are currently providing an acceptable and effective level 0f support to the Commission. PROJECT PLANS FOR 2007 We are proposing a different vision and approach for the 2007 activities and project p|8nniOgfortheP@rk Commission than envisioned within their report. VV8 acknowledge that these ideas and plans are still being formulated and have not been shared with the Commission. The beginning months Vf2O07 have been 8 transition period for the staffing and administration changes implemented in January 2007. VVe are seeing improvements within the park maintenance areas and a continued cooperative approach that enhances our park maintenance while also providing improved support within the Public Works maintenance areas. Further, with the reorganization, and aswe progress, there is clearly 8separation of the former Parks & Recreation Department. Recreation Programming and the MCC now in the Citizen Services Department have both flourished. Registration numbers are up in recreation programs and numerous program opportunities have been added Gt the MCC. It seems fitting that Parks be transitioned to Environmental and Natural Resources as parks, trails and open space are clearly intertwined with City environmental goals. From a staffing prospective, park related issues specifically in development and maintenance have been co-mingled and handled efficiently and effectively. While at the same time, Recreation Programming and the MCC are jointly blending efforts in programming opportunities tO serve our citizens. Agenda Item L7 From 8 budgetary standpoint, and 8y experience, it should be noted that staff has been successful in blending duties, learning new procedures and vv0ddng together to provide excellent service while carrying out council direction b] hold the line on taxes. Staff should becommended. AS noted within the current draft Of the C|PvvR are proposing bO delay any major iOv8stOlmntSvvithiOthRJOy Park and Lions Park Improvement projects that were originally planned for 2O07. Lions Park has major drainage issues and may be better suited as an environmental park that will be studied as part of our Non- Degradation Plan. Joy Park was the subject of discussion with the Silver Lake Improvement Association. Further debate is seen as needed prior tO that major inve8tnn8nL. VV8 would see the need for a maintenance program coordinated with the lake protection plan that should be explored prior to the Park investment. Our investment plan needs to be reviewed and prioritized; however, we see an investment program into our parks and recreation system that would include the following: • The implementation Vf8 Parks —Trails Master Plan. This would include the formulation Ofa Master Trail Plan in 2007 at the cost of approximately $40,000 that would identify the corridors and priorities for recreational and transportation trail systems that would serve the entire community. Following the preparation of the Ln8i| ||sLinQ, we vvoV|d expect the Parks Commission to take 8 major pO|e in helping prioritize the projects for an investnnent Of PAC funds of approximately $300.000 per year for the next five years [20O8-2O12]. • The implementation/improvement 0f the Gladstone Savanna. VVe currently are proposing an improvement plan Vf$8UO,UO0as part Of the first phase VfGladstone. VV8 have identified that an additional $1.10O.UOOis available and should b8 re-invested into the Gladstone Area k) help spur the redevelopment efforts. These funds will need k}b9 prioritized between HiC8k Park and the Savanna and vve see the Parks Commission assisting with this effort. • The City has embarked on8 program bJ explore the placement o[ Conservation Easements onto the 14 Open Space properties. This will likely involve the implementation Vf management plans GS o requirement Ofthese easements. The Parks Commission will likely need to maintain 8 major role in helping develop these management plans and prioritize the investment into that program. • The delay [f the improvement of Joy Park is recommended; however, this park needs to develop a maintenance plan and program that provide a more consistent approach to the management of Silver Lake. Joy Park maintains nearly 30%Of the shoreline 0f Silver Lake and vvS would see that the Parks Commission could lead the development, in cooperation with the Environment and Natural Resources Commission, [f8 shoreline maintenance plan that iS8 park/industry leader in shoreline enhancement programs. Once this plan is in place, we would see afuture investment into Joy Park that would consider some nf the improvements Vn the current plan. RECOMMENDATION Staff recommends that the City Council discuss the 2006 Park and Recreation Commission's Annual Report and Activity Plan. Comments on the staff identified items would be appreciated and direction for a review of the work plan with staff and the Commission is proposed. Attachments: 1. Park and Recreation Commission onoo Annual Report 2 May 23, 2007 Dear Mayor and Council Members, In compliance with Article U. Section 21.20 of the K4ap|avvnnd city ordinance, the Maplewood Parks and Recreation Commission hereby submits its 2006 annual report and 2007 activity plan. We reviewed the accomplishments of the past year and discussed the various programs and activities we wish to pursue in the coming year. Our continuing goal is promoting city parks, open opeoe, community center, quality inclusive recreational programming and maintaining aqua|ity park system geared to the continually changing demographics of our community. We recognize that this will be a continuing challenge from a budgetary perspective. We would like ho take this opportunity to thank the city council for the substantial increase in P.A.C. fees and taking the time to meet with our commission this past summer. With the reorganization in the Qh/ this past year and the efforts to baoonna more financially conservative we have seen a tremendous change in the basic philosophy of funding and operating the parks system and programs. New oho||angae have been presented to our commission to learn and understand Maplewood's current operation in such a way that we will be able to provide the best advice pnuoib|a on all recreation and parks issues. We are vary concerned about short term decisions being made that have potential long term impact on the quality of the parka and recreation syabann in our city. On behalf ofthe parks and recreation commission | would like to invite the mayor and council to attend ajnint park tour and follow up meeting at your convenience and look forward to hearing from you regarding a potential date. 2006 was a year where parks and recreation received four grants for the Maplewood Parks and Recreation system fora total of $330,000. The City received a matching grant to update the Bruentrup farm with fire aphnk|ana, a grant to construct two soccer fields at Afton Heights park and a grant to light four soccer fields at Harvest park and address turf issues on soccer fields. Projects scheduled for 20O7 include Lions Park Redevelopment, improvements to Joy Park and funding of the Beaver Lake trail corridor. Lions Park will present a number ofchallenges due to serious drainage issues and will require some delays before this project will start. We expect that the planning process for Lions Park will not start till the later half of this year. Should you have any question regarding the enclosed report or the parka and recreation commission's priorities, please contact maat0G1-770-4S84. Respectfully submitted, Peter K1.Fischer, Chairperson Craig Brannon, Vice Chair Donald Chdstienoon, Secretary Peter Fronk, Commissioner Tom Genkermann.Commissioner Michele Gran, Commissioner Carolyn Pebornon, Commissioner Bruce Roman, Commissioner Gao|y Yang, Commissioner Parks and Recreation in Maplewood is large area covering troi|e, active parks, passive parks, open apacaa, indoor parks (community centers) and greenvvaya. In addition k covers recreational programming that range from active athletics hndrama on stage to neighborhood events that help tie our city together. The Maplewood Parks and Recreation Commission provides advise and recommendations in all of these areas plus we are charged with the following duties: Formulate polices for approval by the city council. Advise the council and manager as to the minimum qualifications for the position of director ofparks and recreation. Aid in coordinating the park and recreation services with the programs of other governmental agencies and organizations. Interpret the polices and functions of the park and recreation department to the public. Make periodic inventories of recreation and park services that exist or may be needed and interpret the needs of the public to the city council and the director of parks. Recommend for adoption standards on land acquisition, facility development, program and financial support. During 2006 the Maplewood Parks Commission had the following Accomplishments: 1. Recommended and supported successful grant applications for the City totaling over. 2. Coordinated o tour of Maplewood Parks with the city council. 3. Meet with the city council to discuss parks issues, long-term priorities and determining council priorities. 4. Continued on going orientation programs for new and old park commissioners. 5. Discussed ideas for the community center and reviewed staff marketing proposals. G. Prepared recommendation on Gladstone Redevelopment. 7. Recommended and received an increase inP.A.C.fees. O. Addressed neighbor concerns about area parks. S. Provided recommendations regarding parks issues involving housing developments. 10. |nihelad review ofthe park's comprehensive plan by beginning to identify major stakeholders. 11. Successfully completed numerous capital improvements to Maplewood Parks and Open Spaces. Park and Recreation 20U7Goals 1. Review and update the parks comprehensive plan with special focus on the south leg. 2. Provide recommendations on development of park assets in the Gladstone redevelopment area. 3. Start the park planning process for Lions Park. 4. Provide input and feedback on prognamrn1ng, morketing, etc. for the community center. 5. Recommend minimum requirements for o new parks director. 6. Develop new parks programs to bring diverse communities together and to continue to provide opportunities for our parks and noonooUons system to be the fabric that brings our geographically challenged community together. 7. Advise on capital improvement projects at Joy Park and for the Beaver Creek Trial corridor. 8. Continue ongoing education of commissioners on parks issues. 9. Remain committed to having the City provide 24 hour removal of graffiti in parks. 1O. Work to develop ann net loss of park land policy for the city. 11. Work with Staff to develop o new trail map, showing current and proposed trails, for the City vvebs1te. Agenda Item N1 MEMORANDUM This matter was before the Court on a number of motions filed by the parties. The first motion that the Court will address is Third -Party Defendants Norgaard and Aarbor Homes, Inc.'s motion for partial summary judgment. Their motion to dismiss is directed to Defendant and Third -Party Plaintiff Kayser's Complaint against them, which is seeking indemnification from them for any amounts that Kayser is ordered to pay the Plaintiff in its Slander of Title action against him. They are seeking partial summary judgment for failing to state a claim and, alternatively, collateral estoppel. The facts here are undisputed. The Plaintiff commenced this action as a Quiet Title action related to the following real property located in Ramsey County known as the "Maplewood Property ": All of the E 112 of the NW '/4 of the NE '/4, except the W % of the W % of the E % of the NW' /4 of the NE 1 /4, and except the north 400,000 feet Thereof (all lying and being in Section 13, Township 28 North, Range 22 West, Ramsey County, Minnesota). TOGETHER WITH: The S' /z of the W' /z of the W % of the E % of the NW' /4 of the NE 1 /4 Of Section 13, Township 29 North, Range 22 West. TOGETHER WITH: The S % of the W % of the NW' /4 of the NE' /4 of Section 13, Township 28 North, Range 22 West, Ramsey County Minnesota. The Plaintiff has also asserted a Slander of Title claim against Defendants Wallace, Lazaryan and William D. Kayser, The Woodhill subdivision is legally described as follows: The North % of the West % of the Northwest' /4 of the Northeast 1 /4; And the North' /2 of the West % of the West % of the East' /2 of the Northwest' /4 of the Northeast 1 /4; all in Section 13, Township 28, Range 22 West, and Ramsey County, Minnesota. 9 Woodhill, LLC became the owner of this property when Ronald J. Riach, as Personal representative for the Estate of James Kayser, conveyed the property to it. Woodhill subsequently deeded lots in the Woodhill subdivision to Norgaard and Aarbor. The ownership of the Woodhill subdivision has been litigated on several different occasions by William Kayser and his family members. As noted in the Court's Order of April 4, 2007, the courts have made a final judgment on this issue but the Defendants simply refuse to accept the courts' rulings. Collateral estoppel clearly applies and Kayser's Complaint against Norgaard and Aarbor must be dismissed. In addition, the Plaintiff has stipulated that it is not seeking any relief from Defendant Kayser or determination of quiet title relating to the Woodhill subdivision. Therefore, this is not in controversy and as such, Kayser's Complaint against Norgaard and Aarbor fails to state a claim upon which can be granted. Accordingly, Kayser's Complaint against Norgaard Homes, Inc. and Aarbor Homes, Inc. must be dismissed on this basis as well. Plaintiffs motion requests a Protective Order from the Court prohibiting the Defendants from taking the depositions of Mayor of the City of Maplewood, Diana Longrie; City Manager of Maplewood, Gregory Copeland;and Maplewood City Attorney, Alan Kantrud. Plaintiffs motion is based upon Minn. R. Civ. P. 26.03. Plaintiff asserts that none of the three individuals sought to be deposed have any discoverable information. The cause of action arose in 1995 and none of these individuals R was elected, appointed or hired by the City of Maplewood until 1996. None of these individuals was involved in the original transaction which is in dispute. Plaintiff further argues that any discoverable information is part of the public record and can be obtained through the inspection of city records or by posing written interrogatories. In addition, Mr. Kantrud, as Maplewood City Attorney, cannot properly be deposed regarding work product or privileged information, and as such, noticing him for a deposition would be a waste of time. The Court finds that Defendants will not be allowed to depose Mayor Longrie; City Manager Copeland; or City Attorney Kantrud. There are alternative means for conducting discovery that are available to the Defendants. Therefore, Plaintiff's motion for a protective order is granted. Defendant Wallace's first motion seeks a dismissal of Plaintiffs Complaint, or, in the alternative, a motion to compel and a protective order. It is Defendant Wallace's position that only a city council can authorize a lawsuit on behalf of the City of Maplewood and Defendant Wallace could not slander title by executing a Quitclaim Deed. The present action was brought in response to a claim made by the Maplewood City Attorney pursuant to the owner's title insurance policy which Capital Title had issued to the City of Maplewood regarding its purchase of the Applewood Park Parcel. Under the terms of the policy, the City as the insured was obligated to cooperate with Capital Title Corporation in bringing any action which Capital Title deemed necessary to protect the interest of the insured. In addition, the policy contained subrogation rights allowing Capital title to 7 commence any action they deemed appropriate to recover the costs of the present Quiet Title action. Defendant Wallace argues that the insurance contract cannot supersede Minn. Stat. §412.221, which provides that the city council must authorize lawsuits that are commenced in the name of the city. Subsequent to this motion being heard by the Court, on June 27, 2007, the Court received from Mr. Kantrud a certified City of Maplewood Resolution Ratifying Actions Taken and Approving Further Action. This resolution was passed at the June 11, 2007 City Council meeting and states as follows: That the Maplewood City Council does hereby approve of the ongoing efforts to quiet title to the property known as Applewood Park and specifically authorizes the use of the courts to settle the matter and, . . . that the Maplewood City Council will continue to support and participate if required in future proceedings pursuant to its obligation to do so as written in the contract that constitutes the policy of title insurance covering the property known as Applewood Park and, . . . that the Maplewood City Council specifically Authorizes its staff and agents and attorneys to use whatever means necessary to secure the park property from unnecessary acts of civil disobedience and or criminal conduct including but not limited to the securing of civil restraining orders as required. The resolution adopted by the Maplewood City Council renders the issue raised by Defendant Wallace now moot. Wallace also argues that a Quitclaim Deed cannot, as a matter of law, support a claim for slander of title, and on that basis Plaintiff s claim against her should be dismissed. Wallace claims that when she executed a Quitclaim Deed on May 18, 1995, running in favor of her three children, it excepted a ten (10) foot strip of the property. On May 25, 2005, a Commitment for Title Insurance was TO obtained by Wallace's children, and it stated as of that date, title was vested in her as well as the City of Maplewood. In November 2005, Wallace's children asked her to sign a Quitclaim Deed conveying whatever interest she had in the property to her granddaughter, Victoria Marchetti. In order for Plaintiff to prevail in a cause of action for Slander of Title, they must prove the following four elements: (1) That there was a false statement concerning the real property owned by the Plaintiff', (2) That the false statement was published to others; (3) That the false statement was published maliciously; (4) That the publication of the false statement concerning title to property caused the Plaintiff pecuniary loss in the form of special damages. Paider v.,H,ughes, 615 N.W.2d 276 (Minn. 2000). Wallace's motion to dismiss presumably is brought pursuant to Minn. R. Civ. P. 12.02(e). The standard used for determining whether or not dismissal is warranted is whether the Complaint sets forth a legally sufficient claim for relief based upon the four elements noted above, not whether or not the Plaintiff can meet its burden of proof. Therefore, the Court finds that Wallace is not entitled to dismissal of Plaintiff's claim for Slander of Title on the basis. In addition, she argues that the unpublished Court of Appeals' case of Burgmeier v. Bj (unpublished 2003 WIL 42178 (Minn. App. 2003) should apply to this matter. Burg_meie held that an action for slander of title cannot be maintained where the alleged slander consists of executing a Quitclaim Deed 0 because (1) a Quitclaim Deed, as a matter of law, is not a false statement; and (2) signing a Quitclaim Deed cannot as a matter of law support a finding of malice. First of all, the Court finds that since Burgmeie is an unpublished decision, it has no precedential value. See Dynamic Air, Inc., v. XYZ Company, et al., 502 N.W.2d 796 (Minn. Ct. App. 1990. Secondly, the facts of the instant matter are distinguishable from Burgmeie . In that case, the Plaintiff was the named grantee in the Quitclaim Deed. In a Slander for Title action, as in this matter, a third party is claiming interest in the property belonging to the Plaintiff. Finally, the Court finds it troubling that Wallace is now raising such an issue because in 1995, when the Plaintiff purchased the Applewood Park Parcel, Wallace's then attorney, Gary Renneke, acknowledged that she did not have an interest in the ten (10) foot strip now in question. Instead, the title to the ten-foot strip was held by her ex-husband, James Kayser. The Plaintiff accepted those representations as true from her attorney, and therefore, did not require a deed from her. Instead, Plaintiff accepted the deed from James Kayser. Wallace's children would have known of this fact in 1995 since they were involved in the sale of the property. Therefore, based on the foregoing, Wallace's motion to dismiss must be Wallace, in the alternative, requests a protective order. She requests this because she is 86 years old, living in Arizona and is in ill health. Wallace specifically requests that if her deposition is sought by the Plaintiff, that it be 10 taken in Arizona so she does not need to travel to Minnesota. Defendant Wallace's request is reasonable under the circumstances, and the Court directs that if her deposition is to be taken, counsel make arrangements so that her needs can be taken into consideration. If counsel is unable to agree, then they may contact the Court to resolve this issue. In addition, Wallace has made a motion to compel the Mayor, City Manager and City Attorney of Maplewood to appear for depositions. The Court has addressed that issue above and therefore, must deny her motion to compel. Finally, Wallace seeks sanctions against the Plaintiff pursuant to Minn. Stat. §549.21 Before any award of sanctions can be awarded, the moving party must show that counsel acted in bad faith. State Bank of Young America v. �@ Me M The Court has thoroughly reviewed the record in this matter and finds that despite Wallace's arguments, neither Plaintiff nor its counsel has acted in bad faith in pursuing its claim against her. Accordingly, Wallace's request for sanctions is denied. Third Plaintiff and Defendant William Kayser moved the Court for declaratory judgment in January 2007. The Court stayed the hearing on his motion until after the Court issued its ruling on Woodhill's Motion to Dismiss. The Court granted Woodhill's motion in an Order issued on April 4, 2007, and all pending motions were then scheduled. The Court heard Kayser's declaratory judgment motion on the date of this hearing. Kayser requests that the Court declare the following: Elk, (1) Determine that Chad Lemmons altered and forged the 1978 Warranty Deeds and the 1995 Quitclaim Deed. (2) Determine that the 1995 Warranty Deed from the Orchard Sellers to Maplewood is void and ineffective and did not convey any right, title or interest in the property. (3) Determine that the 2005 Probate Deed to Woodhill was ineffective and did not convey any right, title or interest in the property. (4) Determine that the 2005 and/or 2006 Warranty Deeds from Woodhill to Norgaard Homes were ineffective and did not convey any right, title or interest in the property. (5) Determine that the 2.005 and/or 2006 Warranty Deeds from Woodhill to Aarbor Homes were ineffective and did not convey any right, title or interest in the property. Kayser claims that Chad Lemmons, attorney for Plaintiff, wrote on the 1978 Warranty Deed and the 1995 Quitclaim Deed and in so doing forged them. The law is clear that a Quitclaim Deed must contain certain information to be valid (1) name(s) of the Grantor(s); (2) name(s) of Grantee(s); (3) a description of the real estate and the county in which said real estate is located; and the signature(s) of the Grantor(s). Kayser asserts that the real estate description has been altered and claims that Chad Lemmons was the person who did this. However, there is absolutely no factual basis in the record to support such a conclusion. In fact, it appears that the Defendants' attorney, Gary Renneke, prepared the Quitclaim Deed, including the legal description. Mr. Lemmons stated that the document was dated the same date that it was acknowledged. The language regarding consideration was added as required by law but in no way represents a forgery. In his legal capacity, Mr. Lemmons exercised his 179 statutory authority, and to claim this is to be a forgery is wholly unsubstantiated and unfounded. There is no basis in the record before the Court to declare the 1995 Warranty Deed void, Based upon previous court actions, Kayser and his sisters were the fee owners of the property in dispute and they freely entered into a purchase agreement with the City of Maplewood for the sale of the property. In addition, Kayser not only had the 1978 deeds to support his sale to Maplewood, but he had his rights as a contract purchaser under a 1995 Contract for Deed on May 24, 1995, at the closing of this property. William Kayser, Nancy Lazaryan, Evelyn Wallace, and Mary Jeanne Kayser received checks totaling $575,000. The Defendants clearly sold the property to the Plaintiff. The remaining three requests of Kayser's declaratory judgment action have already been addressed and adjudicated in the Court's Order dated April 4, 2007. Kayser's Declaratory Judgment action is denied. Kayser also has brought a motion to dismiss Plaintiffs Complaint and is requesting a default judgment against the Plaintiff. Defendant Nancy Lazaryan has brought a motion to dismiss and requests a default judgment. In their motions to dismiss, Defendants argue that the Court should dismiss Plaintiffs Complaint based upon the arguments already raised and addressed by Defendant Evelyn Wallace's attorney. The Court's ruling applies equally as well to these Defendants. Their motion for a default judgment is premised on Plaintiff not answering their Counterclaim or Amended Counterclaim. According to court records, im Plaintiff filed a Complaint and Amended Complaint in October 2006. Defendants filed an Answer to the Amended Complaint on November 11, 2006. Defendant Lazaryan filed a Notice of Counterclaim dated April 2, 2007, and an Amended Counterclaim on April 3, 2007. Plaintiffs attorney sent a letter to Defendant Lazaryan on April 3, 2007, indicating that he would not consent to the filing of the Amended Counterclaim and therefore, he had no obligation under the Rules of Civil Procedure to answer it. Pursuant to Minn. R. Civ. P. 15.01, the Defendants missed the 20-day deadline under the rule. The Complaint was filed October 2006, and the Amended Counterclaim not until April 2007. Because the deadline was missed, a party is required to obtain permission from the opposing party, or the moving party must obtain leave of the Court to serve and file the amended Counterclaim. Since neither consent was provided or leave of the Court was sought, the Court finds that Plaintiff had no obligation to respond. It should be noted that the Court has thoroughly reviewed Defendants' Amended Counterclaim, and of the twenty-four counts, it appears that only two have to do with this Quiet Title action and the property which is subject of that action. Therefore, if permission from the Court had been sought, it would have been denied on that basis. Defendants Kayser and Lazaryan both have also brought motions to compel and for sanctions. in their motion for sanctions, they argue that since the Maplewood City Council did not authorize this present action, it should be sanctioned. However, as noted above, the argument regarding the authorization 14 of this lawsuit by the Maplewood City Council has been rendered moot given the Resolutions adopted by the City Council on June 11, 2007. Therefore, there is no lawful basis upon which to order sanctions against the Plaintiff. Moreover, Kayser's and Lazaryan's motions to compel are essentially the same as argued by Defendant Wallace's attorney, and the Court's ruling is applicable to these two Defendants as well. JIVIS 15 STATE OF MINNESOTA �ki Im City of Maplewood, vs. Plaintiff, 111 [.3 SECOND JUDICIAL DISTRICT File No. 62-C4-06-10365 Evelyn C. Wallace, f/k/a Evelyn Catherine Kayser; Robert Wallace; Nancy Marchetti; Daniel Marchetti; Jonathan A. Kayser; Mary Jeanne Kayser a/k/a Mary J. Kayser; Carl Martin; William M. Kayser; Mary Jane Kayser; the unknown heirs of Evelyn Wallace; the unknown heirs of Robert Wallace; the unknown heirs of Nancy Marchetti; the unknown heirs of Daniel Marchetti; the unknown heirs of Jonathan A. Kayser; the unknown heirs of Mary Jeanne Kayser; the unknown heirs of Carl Martin; the unknown heirs of William M. Kayser; the unknown heirs of Mary Jane Kayser; and all other persons unknown claiming any right, title, or interest in the subject premises, Defendants, William M. Kayser, Defendant and Third-Party Plaintiff, V. Woodhill, LLC; Norgaard Homes, Inc; and Aarbor Homes, Inc., Third - Party Defendants. The above-entitled matter came duly on before the undersigned, a Judge of District Court on May 21, 2007, for hearing of multiple motions (1) Third-Party I Defendants Norgaard Homes, Inc. and Arbor Homes, Inc. moved for partial summary judgment against Defendant and Third-Party Plaintiff William M. Kayser; (2) Plaintiffs moved for a protective order; (3) Defendant Evelyn Wallace made a motion to dismiss, or, in the alternative, to compel, and for a protective order. In addition, Defendant Wallace made a motion for sanctions against the plaintiff; (4) Defendant and Third-Party Plaintiff William M. Kayser made the following motions: (a) Sanctions against Plaintiff; (b) Declaratory Judgment; (c) motion to compel; and (d) motion to dismiss/default; (5) Defendant Nancy Lazaryan made the following motions: (a) motion to compel; (b) sanctions against Plaintiff; and (c) motion to dismiss, Chad D. Lemmons, Esq. of Kelly & Fawcett, P.A. appeared for and on behalf of the Plaintiff. Patrick T. Tierney, Esq., Collins, Buckley, Sauntry and Haugh, P.L.L.P., appeared for and on behalf of Defendant Evelyn C. Wallace. Amy M. Coniaris, Esq., Foley & Mansfield, appeared for and on behalf of Third- Party Defendants Norgaard Homes, Inc. and Aarbor Homes, Inc. Defendant and Third-Party Plaintiff William M. Kayser appeared personally and pro se. Defendant Nancy Marchetti, now known as Nancy Lazaryan, appeared personally and pro se. Based upon all the files, records and proceedings herein, arguments and memoranda of counsel and pro se Defendant and Third-Party Plaintiff William Kayser and Defendant Nancy (Marchetti) Lazaryan, and the Court being fully advised in the premises, hereby makes the following: K �* �:l I 1. That Third-Party Defendants Norgaard Homes, Inc. and Aarbor Homes, Inc.'s motion for partial summary judgment is GRANTED, and Defendant and Third-Party Plaintiffs Complaint at Law for Slander of Title against Norgaard and Aarbor is dismissed with prejudice. 2. That Third-Party Defendants Norgaard and Aarbor are hereby awarded their costs, disbursements and reasonable attorney's fees in relation to their 3. That Plaintiffs motion for a Protective Order is hereby and in all respects GRANTED. 4. That Defendant Evelyn Wallace's motion to dismiss is hereby and in all respects DENIED. 5. That Defendant Evelyn Wallace's motion for sanctions is hereby and in all respects DENIED. 6. That Defendant Evelyn Wallace's motion to compel is hereby and in all respects DENIED. 7. That Defendant Evelyn Wallace's motion for a Protective Order is GRANTED in as much as she does not need to travel to Minnesota to be 8. That Defendant and Third-Party Plaintiff William Kayser's Declaratory Judgment action is hereby dismissed with prejudice. N 9. That Defendant and Third-Party Plaintiff William Kayser and Defendant Nancy Lazaryan's motions seeking sanctions against the Plaintiff is hereby and in all respects DENIED. 10. That Defendant and Third-Party Plaintiff William Kayser and Defendant Nancy Lazaryan's motions to compel are hereby and in all respects 11. That Defendant and Third-Party Plaintiff William Kayser and Defendant Nancy Lazaryan's motions to dismiss Plaintiffs Complaint and/or for a default judgment against the Plaintiff is hereby and in all respects DENIED. 12. Let the attached Memorandum become a part of this Order. I - 0 . D Dated this day of Uv"'M I X91*11 1 :4 MEM R IF L n - ne M. Smith 0 STATE OF MINNESOTA -&VIA City of Maplewood, Plaintiff, VS. Evelyn C. Wallace, f/k/a Evelyn Catherine Kayser; Robert Wallace; Nancy Marchetti; Daniel Marchetti; Jonathan A. Kayser; Mary Jeanne Kayser a/k/a Mary J. Kayser; Carl Martin; William M. Kayser; Mary Jane Kayser; the unknown heirs of Evelyn Wallace; the unknown heirs of Robert Wallace; the unknown heirs of Nancy Marchetti; the unknown heirs of Daniel Marchetti; the unknown heirs of Jonathan A. Kayser; the unknown heirs of Mary Jeanne Kayser; the unknown heirs of Carl Martin; the unknown heirs of William M. Kayser; the unknown heirs of Mary Jane Kayser; and all other persons unknown claiming any right, title, or interest in the subject premises,. Defendants, and William M. Kayser, Defendant and Third-Party Plaintiff, V. Woodhill, LLC; Norgaard Homes, Inc and Aarbor Homes, Inc., Third -Party Defendants. I P1 bl. 9 SECOND JUDICIAL DISTRICT File No. 62-C4-06-10365 The above-entitled matter came duly on before the undersigned, a Judge of District Court on July 11, 2007, upon Plaintiffs motion for a temporary i injunction. Defendant Lazaryan moved the Court to dismiss the TRO and to issue arrest warrants for John Strong Sergeant Kevin Johnson, Maplewood Police Officer; and Chad D. Lemmons, Plaintiffs attorney. Chad D. Lemmons, Esq. Kelly & Fawcett, P,A. appeared for and on behalf of Plaintiff. Alan Kantrud, Esq., Maplewood City Attorney, also appeared. Defendant Nancy Lazaryan appeared personally and pro se. William M. Kayser, Defendant, appeared personally and pro se, but since he was not named in Plaintiffs motion, he was not allowed to participate in the arguments. Based upon all the files, records, and proceedings, the Court makes the following: 1. That Plaintiff's motion for a Temporary Injunction is hereby GRANTED. 2. That Defendant Lazaryan, or any person or entity acting at the direction of or on behalf of her, is temporarily enjoined from entering onto the subject property of this action, the Applewood Park Parcel in Maplewood, MN, and she is further enjoined from posting signs around the property or interfering with any person attempting to enter or use Applewood Park. 3. That Defendant Lazaryan's motion requesting the Court issue arrest warrants against John Strong, Sergeant Kevin Johnson, and Chad Lemmons is hereby and in all respects DENIED. 4. Let the attached Memorandum become a part of this Order. Pi LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated this 14 day of July 2007 �o ne M. Smith 3 On June 27, 2007, Plaintiff sought an ex-parte temporary restraining order from the Court. The Court granted the TRO which 3 4=0 That Nancy Lazaryan, or any person or entity acting at the direction of or on behalf of her, is enjoined from entering onto the subject property of this action, the Applewood Park Parcel in Maplewood, MN, and she is further enjoined from posting signs around the property or interfering with any person attempting to enter or use Applewood Park. The Court granted the TRO because on May 23, 2007, Defendant Lazaryan attempted to seize the Applewood Park Parcel which is the subject matter of this case, She posted "no trespassing" signs and ordered park patrons to leave her "private property." Five Maplewood residents contacted the Maplewood police department to report this activity. Defendant appeared on a cable television show -- Zicks Inside Insight Newshour -- May 23, 2007, which was partially filmed in Applewood Park, showing Defendant's activity. In addition, Defendant Lazaryan also stated it was her intention to reside in the park and to "tent off' the gazebo and build a ditch for human excrement to drain into the . set i# . - 1 #`. 0 0 responded to the home of one of the complainants and took a statement from him. He signed a "Citizen's Arrest" form. The other individuals who Z complained also gave statements. On that basis, it appears that the Maplewood police cited Defendant Lazaryan for disorderly conduct. Defendant Lazaryan previously posted "no trespassing" signs at the park July 13, 2006. In that matter, the City of Maplewood charged her with criminal trespass. The charge was later amended to public nuisance and subsequently dismissed by the Honorable Michael Fetsch, with no objection from the Maplewood City Attorney. Plaintiff now requests that the TRO become a temporary injunction. A temporary injunction should only be granted when it is clear that a party's rights will be irreparably injured before the trial is held. In considering whether or not to issue a temporary injunction, the Court must consider the following factors: (1) The nature and background of the relationship between the parties preexisting the dispute giving rise to the request for relief; (2) The harm to be suffered by Plaintiff if the temporary restraint is denied as compared to that inflicted on Defendant if the injunction issues pending trial; (3) The likelihood that one party or the other, will prevail on the merits when the fact situation is viewed in light of established precedents fixing the limits of equitable relief; (4) The aspects of the fact situation, if any, which permit or require consideration of public policy expressed in Statutes, State and Federal; (5) The administrative burdens involved in judicial supervision and enforcement of the temporary decree. Dahlberg Bros. Inc. v. Ford Motor Co., 137 N.W.2d 314 (1965). 5 Defendant Lazaryan argued that the Court lacks jurisdiction to issue the TRO and, therefore, it must be dissolved. She claims that the Plaintiff is harassing her because Judge Fetsch previously dismissed the charge from July 13, 2006, and found that her behavior of posting "no trespassing" signs was not criminal. Based upon this, she argues that the Court has no jurisdiction in this particular case. Clearly, what occurred in the criminal case in 2006 has no bearing on the instant matter. There is no legal merit to Defendant Lazaryan's jurisdictional argument. Further, Lazaryan argues that Judge Fetsch's dismissal of the 2006 charge means that the park is "private" property. This claim is simply not applicable to the present action. Further, Lazaryan argues that Plaintiff is perpetuating a fraud upon the Court. Her claim is that the Maplewood police department filed a false police report with the Court when it requested the TRO. She points out that Plaintiff did not submit the "Citizen Arrest" form along with the either parts of the report because they knew it had been falsified. Lazaryan claims that the police did not arrest her or book her but instead sent her a citation. The body of the police report states that she was cited. However, on the bottom of the "Citizen's Arrest" form under Transfer of Custody section the blanks are filled in, which would seem to indicate that Lazaryan was taken into custody. Given this, it is her position that the Court should issue arrest warrants for one of the complaining witnesses, John Strong, Sergeant Kevin Johnson, and Chad Lemmons. 1.1 There is no evidence before the Court that any of those individuals lied in their reports. The body of the police report states that the Defendant was issued a citation, which she was, and she acknowledges. Lazaryan's claim that these individuals are lying and perpetuating a fraud upon the Court is consistent with the multitude of previous lawsuits which she has been involved in over the property in question. Once again, these claims are frivolous and not meritious. The Court has considered both the Plaintiffs and Defendants' arguments on the Dahlberg factors and finds that the first factor favors issuance of a temporary injunction. The contentious nature of the relationship between the parties is reason enough for issuance of the injunction. In addition, Lazaryan has stated on television that she intends to live in the park; use the park in a manner which is clearly unsanitary; and prevent members of the public from entering the park. It is clear from Lazaryan's statements that her actions will continue. The second factor also weighs in Plaintiffs favor. Many residents of the City of Maplewood have enjoyed the park since 1995, and the individuals who complained of Lazaryan's actions on May 23, 2007 indicated they would not use the park if they were to face more threats and intimidation. The third, fourth, and fifth factors also weigh in favor of granting the temporary injunctions given the present posture of this lawsuit. Therefore, this Court finds that the Temporary Injunction will replace the present TRO with the hope that Defendant will abide with all of its terms. JIVIS 0