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HomeMy WebLinkAbout2007 12-10 City Council PacketMAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 10, 2007 Council Chambers, City Hall Meeting No. 07-22 B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All commentsIquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." I ---f uel E. APPROVAL OF MINUTES 1. November 19, 2007 Special City Council Meeting 4 p.m. 2. November 26, 2007 Special City Council Meeting 3. November 26, 2007 City Council Meeting 1. Proposed Ordinance — Broadcast of All City of Maplewood Public Meetings —First Reading 2. Ordinance Amendment — Re-inspection Fee for Non-Compliance of City Code — Second Reading 3. Proposed Sign Ordinance Amendment Prohibited Signs — Second Reading G. VISITOR PRESENTATIONS H. APPOINTMENTS/PRESENTATIONS 1. Four Life Safety Awards a. Alison Kurzhal b. Andy Proesch c. Mike Sauceman d. Jonah Hale 1. Approval of Claims 2. Authorization to Purchase Microsoft licenses 3. Authorization to complete fiber optic ring throughout City Campus 4. Final Plat — Pond Overlook —Furness Court, north of County Road D 5. Final Plat — The Shores — 940 Frost Avenue 6. Approval of Amendment No. 7 to St. Paul Regional Water Service Agreement 7. County Road D Realignment Surcharge, Pond Wetland Mitigation, City Project 02-07, Approval of Resolution Requesting Variance from State Aid Rule 8. Mogren Street Improvements, City Project 06-17, Resolution Modifying Existing Construction Contract, Change Order 2 9. Infiltration/inflow Reduction Program, City Project 06-02, Resolution Authorizing Submittal of Grant Requests for Foundation Drain Tile Disconnection Program. 10. Special Assessment for False Alarm Bills, Safety Inspections and Abatements 11. Special Assessment for Ambulance Bills for 2006-2007 All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Conditional Use Permit — Clear Channel Outdoor Billboard Height Increase — 1790 Gervais Court 2. Adoption of 2008 City Budget (The Budget will be provided as a separate attachment to the agenda packet.) 3. Adoption of the 2008 Property Tax Levy L. NEW BUSINESS 1. Off-Sale Intoxicating Liquor License — Owner and Manager — Hillside Liquors - 1690 McKnight Road 2. Desoto Skillman Area Street Improvements, City Project 06-16, Resolution for Modification of Existing Construction Contract, Change Order 4 3. Ferndale-Geranium Area Street Improvements, City Project 07-14, Approval of Assessment Objection Waiver Agreements 4. Priory Public Improvements, City Project 07-24, Resolution Accepting Feasibility Study and Ordering Public Hearing. M. COUNCIL PRESENTATIONS 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 SPECIAL MEETING Monday, November 19, 2007 Council Chambers, City Hall 4:00 p.m. Agenda Item El A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:03 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present at 4:18 p.m. Kathleen Juenemann, Councilmember Present at 4:07 p.m. Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA City Manager, Greg Copeland added two items to the agenda. Citizen Service's fees for 2008 and Ambulance Rates for 2008. Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave. Ayes - All D. OLD BUSINESS a. CLOSED SESSION (4:05 — 5:20 p.m.) L CoPar Inc. vs. City of Maplewood, John Baker, Greene Espel, Alan Kantrud, City Attorney a. Speakers were John Baker and Rose Lorsung (The Council Meeting continued under the Open Session at 5:22 p.m.) b. OPEN SESSION I. Ferndale Geranium Area Street Improvement, City Project 07-14, Change Order I a. Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Hjelle moved to approve the resolution for the Modification of Existing Construction Contract Change Order Number 1. November 19, 2007, Special City Council Meeting RESOLUTION 07 -11 -195 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07 -14, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07 -14, Ferndale Geranium 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 07 -14, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. 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 $79,293.71. The revised contract amount is $1,555,222.86. 2. The finance director is hereby autho following fund increases: project budget by making the ments: $40,000 (new fund) Fund: $20,000 Fund: $20,000 Total: $80,000 any money going back the CIP Fund. Mavor Lonarie m� completed that th Seconded by Cot E. NEW BUSINESS a. Annual A friendiv amendment if mber Juenemann. Ayes - All of City Fees for all Departments Iuf unit L Resolution for Adoption of 2008 Public Work Rates, Park Charges and Recycling Rates a. Public Works Director, Chuck Ahl gave the presentation. Councilmember Juenemann moved to approve the Resolution for Adoption of the 2008 Public Works Permit Fees, Assessment Rates, Park Charges and Recycling Rates. November 19, 2007, Special City Council Meeting 2 RESOLUTION 07-11-196 ADOPTION OF THE 2008 PUBLIC WORKS PERMIT FEES, ASSESSMENT RATES, PARK CHARGES AND RECYCLING RATES WHEREAS, the City of Maplewood has established assessment rates, park charges, recycling rates and permit fees, and WHEREAS, city staff has reviewed the assessment rates, park charges, recycling rates and permit fees dated November 7 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated assessment rates, park charges, recycling rates shall become effective beginning January 1, 2008. 2. The updated public works fees are approved for all related permit applications received after January 1, 2008. 3. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. 4. The increase in fees is necessary due to increasing costs and a work pro-gram to improve various facilities and to cover increasing costs. The Park Availability Public Works Director, Chuck Ahl recommended moving Ambulance Rates for 2008 ahead of the Adoption of the Environmental Utility Fund Rates for 2008 because Chief Lukin had to leave the meeting early this evening. ii. Ambulance Rates for 2008 a. Finance and Administration Manager, Bob Mittet gave a brief report. b. Maplewood Fire Chief, Steve Lukin answered questions of the council Council Hjelle moved to approve the Resolution Adopting the 2008 Ambulance Rates. Councilmember H'elle recommended directing staff to look at other options and alternatives to the enterprise fund. November 19, 2007, Special City Council Meeting 3 Chief Lukin asked the council for clarification regarding whether the motion was to direct staff 0J review moving the Enterprise Fund back into the General Fund or if it was for staff to look at all options. Mayor Longrie said CouDd|me0be[Hje|le's motion was for staff to look at all o CoUmci|membHrJV8n8mGnn asked if all options included hiring outside companies [0dothe ambulance work in Maplewood? COUnC|nl8n1b8rH�dle said that was not his intention in the motion. Mayor Longrie said that was the way she understood the motion and that was what she voted for. The Mayor said to her "All Options" means "ALL OPTIONS". CoUnCi|nl8nnb8rJV9nem8nn asked City Attorney, Kan[ruxd if the motion could b8 opened back up because she didn't intend to second a motion that would include hiring outside companies to take away the ambulance business from the City of Maplewood employees. City Attorney Kantrud said if a councilmember wanted to put the motion back on the table that was a possibility. COUnC|nl8nlb8rROsSb@Ch said the interpreted CouOd|rnR[nb8rHj8UR'S mot differently than the rest of the councilmember's understood the motion. Counci|memberHelle said he did not intend his motion to mean the city should look at the option Of hiring outside companies take over the ambulance needs inMaplewood. Mayor Longrie the City Council in 2004 when the decision was made to move the Ambulance charges from the General Fund to an Enterprise Fund. Mayor Longrie thought maybe the issue with the Ambulance funding should be reevaluated again. decision the counci decided bJ leave the motion the way it was read and the findinciS back tO the counc - RESOLUTION 0711-197 ADOPTING 2008 AMBULANCE RATES WHEREAS, the C ity of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services bv Minnesota Statutes 471.4Y0 and bvspecial laws 0f1878\; and � , WHEREAS, itka fair and reasonable to charge for serv rendered based upon the distance a person is transported and by type of services provided; i.e. basic or advanced life support services 8S defined byMedicare. NOW THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 2008. November 19.280.Special City Council Meeting 4 Base rates: Non-transport (treatment administered) Basic life support ambulance services Advanced life support ambulance SSrvinRS 1 Advanced life support ambulance services 2 Rate per mile transported of .0. GBE0[FURTHER RESOLVED, that there shall benooh been administered treatment and iS not transported, when the detoxification center, Or when the patient iS transported ino sq � BE0FFURTHER RESOLVED, that if more tha charges will be pro-rated between the people transp Seconded by Councilmember Juenemann. Xii' Ad option of Environmental Utility Fur S. Finance and Administration Managei b. Public Works Director, NChuck /\h| an Coumci|mamborJuenemonn move Fund rate from $12.35 per quarter Seconded bvCOUnCi|nl8n0b8rROsSbGCh. rows fill Jiv. Increase in Inspections, Planning and Building Operations Department Service Charges 8. "1 Finance and Administration Manager, Bob kXhiSt gave G brief report. b. Building Official, Dave Fisher answered questions of the council. Councilmember Cave moved to approve (1) increases in the Inspections, Planninq and Buildinq Operations Department Service Charges as listed in (Exhibit A in the staff report) effective January 1, 2008, and (2) approve the increases in the permit fees. These fees will increase for 2008 but will remain the same in 2009. Seconded bvCoUn[i|mernb8rRossb8Ch. Ayes — /U| November 19, 2007, Special City Council Meeting mthe patient has not transported to the rson is transported, the ambulance Ayes — AJ| for 2008 K8ittBL gave a brief report. J questions of the council. , residential unit. —COUnCi|[n8nlbSrS HUel|8. Nova — KUayorLonghe.ond Councilmember Cave 101 V. Sanitary Sewer Rates for 2008 a. Finance and Administration Manager, Bob Mittet gave a brief report. b. Public Works Director, Chuck Ahl answered questions of the council. Councilmember Cave moved to approve the sanitary sewer rate increase by 5% effective January 1, 2008, to provide the revenues anticipated in the 2008 Budget. Seconded by Councilmember Juenemann. Ayes - All vi. Citizen Services Fees for 2008 a. Finance and Administration Manager, Bob Mittet gave the report. Councilmember Cave moved to approve the Citizen Services Department, License and Permit Charges with an increase in fees of 3.2% for 2008. Seconded by Councilmember Juenemann. Ayes — All b. 2008-2012 Capital Improvement Plan a. Finance and Administration Manager, Bob Mittet gave the report. Councilmember Rossbach moved to aoprove the adoption of the CIP as amended herein. Seconded by Councilmember Juenemann. Ayes — Councilmembers Cave, Hjelle, Juenemann, Rossbach Nay — Mayor Longrie Mayor Longrie said she has always been concerned about the amount of debt the City of Maplewood is incurring and the lack of priorities she feels are being set for road projects. Mayor Longrie said she questions whether or not the city should -go back to resurfacing city streets to helD preserve the streets in order to keen from having to do total road reconstruction or to at least a prolong that process. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 7:33 p.m. November 19, 2007, Special City Council Meeting A MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETIING Monday, November 26, 2007 Council Chambers, City Hall 6:00 p.m. Agenda Item E2 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:06 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. Seconded by Councilmember Cave. Ayes - All D. OLD BUSINESS a. CLOSED SESSION (6:08 — 7:02 p.m.) i. CoPar Inc. vs City of Maplewood, John Baker, Greene Espel, Alan Kantrud, City Attorney Representatives from Schoell Madson, Rose Lorsung and Tom Goodrum addressed the council and answered questions. Roger Logan vs. City of Maplewood, John Baker, Greene Espel, Alan Kantrud, City Attorney I Z I:ATITA _-] F. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 7:03 p.m. November 26, 2007, SPECIAL MEETING —CLOSED SESSION MINUTES Agenda Item E3 &M A A A MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 26, 2007 Council Chambers, City Hall Meeting No. 20 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE R91W913" Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present City Manager, Greg Copeland requested to remove item F1 — Loading Assessment & Non- degradation Report/Public Meeting due to some coding errors that occurred in the printing of the packet. He also asked to remove item F3 — Proposed Ordinance — Broadcast of All City of Maplewood Public Meetings (First Reading), Councilmember Hjelle requested the addition of item M1. to discuss Maplewood Firefighter/Paramedic Kurt Parsons who recently passed away. n of M2. Ramsey County League of Local Sm by Councilmember Hielle. Ayes — All A�.• Councilmember Cave moved to approve the October 22, 2007, Council Manager Worksho Minutes. Seconded by Mayor Longrie. Ayes — All Councilmember Juenemann called the Recording Secretary with a correction to the October 22, 2007, City Council Minutes. Page 24, item K1, the bottom paragraph is misplaced and should be moved to the next page to the next agenda item. November 26, 2007, City Council Meeting 1 Mayor Longh8 had 8 correction on page 0 item 78.inthe 5 1h paragraph, the word should ba replaced with motion. Also on page 31. after the Mayor's Nay vote the reason for the Mayor's Nay vote should be inserted there. (Mayor Longrie had stated she voted Nay because there wasn't a resolution or understanding in place with the City of North St. P8V| astn their participation in this project.) MaymrLonQha moved to amprove the October 22, 2007, City Council Minutes as amended. Seconded bvCound|mernberJUenennonn. Ayes — Seconded bvCound|mernber Ayes — Mayor Longrie, Councilmembers Cave & Juenemann Abstain — Cave CouDo|memberC8ve Minutes . Seconded byCOUnci|080b8r Ayes — M@yOrLVDgriH. CoVnCi|rnennb8rS Cave &JU8nenn8nn Abstentions —COunCi|membeneNUe||e &Rns8b8Ch City Attorney, Alan Kantrud requested that the city council reconsider keeping item Fl. Loading Assessment and Non-degradation Report 0nthe agenda for the Public Hearing. The coding and printing errors have been corrected and new copies of the staff report are available for everyone this evening. Because of state reporting requirements (that are due December 1"\. Mr. M8ntnJd asked iY the council would reconsider placing agenda item F1 back on the agenda. |T Director W1Vuha|FOvv|ds spoke regarding the coding error that occurred when the condensing of the file along with the converting of the file to 8 P[]F file took place. This corrupted the data that staff did not find until after the printing took place and the packets were sent out and scanned Onto the city's website. The problem has since been corrected, reprinted and posted on the city's vvebsite earlier today. After 8 lengthy discussion iL was recommended by the Mayor that ifit was the council's pleasure item Fl. could be placed back on the agenda with the understanding that the Public Hearing would remain open for the public to submit written comments on until the end of business November 29, 2007. This will 8||ovv City staff time to 0onnpi|8 and submit the written information to the state and still meet the dSod|iO8 requirements. MaymrLongha moved to keep item Fl. Loading Assessment and Non-degradation Report on the agenda as a Public Hearing with the understanding that the public has the opportunity to submit written comments on this item until the end of business November 29, 2007, and that the public comments should be addressed to either the City Manager, Mr. Copeland or Public Works [}in8CtO[ K8[ /\hi This will @UOvv CbV staff time to ConlDil8 the information and still noGkR the deadline requirements. Seconded bvCouno|memberCave. Aven - Al| November 26, 2007, City Council Meeting 2 F. PUBLIC HEARINGS 1' Loading Assessment and Non-degradat Report/Public Meet o. Public Works Director Chuck /\h| presented the item and introduced the speaker. b. Ron Leaf from SEH in Vadnais Heights addressed the council and gave a lengthy presentation. Mayor Longrie asked if anyone wanted to speak regarding this item. Larry Whitcomb, 518County Road BEast, Maplewoo Mayor Longrie closed the verbal portion of the public hea heari will remain open until the end Df business NOven period for the public 2' Proposed Ordinance Amendment — Non-compliance Re-inspection Fees (First Reading) @. Building Official, Dave Fisher presented the report and answered questions ofth8 council. ~ b. City Attorney, Alan K8ntnJd spoke and answered questions Vf the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Larry Whitcomb, 518County Road B East, Maplewood. Mayor LODg[iG closed public hearin ~�~ Cou to the city code aboul Seconded by Council G. VISITOR PRESEN" The following Maplev Staff took note of the brouQht back to the n AVeS - AJ| spoke about concerns about the Beaver Lake nei will compile 8 report for the City Manager and Council k}be �meeting iDDecember. 1 Bill Schreiner, 1098 Beaver Lake Parkway, Maplewood. - This area is only partially developed and building has been stagnant for 2 years. He said he was told by the city planning staff if a proposal came forward for this area that the neighborhood would receive notice of a public hearing. Under the original CUP it states a building cannot be more than 25 feet in height. He said he recently went to city hall to see the plans and noticed the building is 32 feet in height which is 25% higher than what was approved by the council. He provided 8 photo of the bd and area for the council to see the area in question. He said the CUP states the building 3h0U|d not be prominent from Beaver Lake but the entire 2'= floor and n]ofline is not only higher than the surrounding area is but the building would also be taller than the power pole shown in the photo. H8 said h8 also has environmental concerns. From 1988-2005 Beaver Lake ShovvS 8 53% increase in Sk}nn water runoff and almost 840% increase in phosphorous due to the current development. November 26, 2007, City Council Meeting 3 Prior to all this development Lakewood Drive vvVV|d never flood out. Now when it floods Lakewood Drive has to be d0Sed squad cars have to block both sides of the Stna8L making those squad cars unavailable for emergencies. This is also the primary n]gp0nS8 n}Vie for fire trucks and ambulances from the area fire h8||. If you develop this area 88 planned you will add several thousand square feet Ofpavement and the runoff will end up on Lakewood Drive. This proposed development will have 30 units. In the nn8irV suburban area there is an 8v8n80e of 2.1 cars per [8nni|y which equals 117.8 cars. There are 84 garage st8||S. 28 remote parking areas which account for total 112 parking places which doesn't account for visitors or holidays. There are cars parked in front nfhis property. The conditional use permit states no parking On either Side of street that is 28 feet wide or less. If you nle8SunS the n]8d On Be8v9rC[89k Parkway you will find the nJ8d isn't quite 28 feet wide, Lh8r8fon8 technically no parking is a||0vved on either side of the street. He said he and his wife entertain quite a bit and they have been utilizing those parking places now those parking places won't be available for guests. He has concerns about snow removal — there is no feasible snow removal plan that could be incorporated without incurring additional cost to the people already living there. This development will attract children and the lake across the street will be an attraction and a concern for parents. Nowhere in the CUP is there a thought of installing a crosswalk which is definitely needed. Many people use the area around the lake and crossing Lakewood Drive can be impossible. The bus stop at Lakewood Drive and Maryland Avenue concerns him because there is no access except to walk down Lakewood Drive and a sidewalk along that area would almost have to be mandatory for the safety of the pedestrians. Many of the items in the CUP have not been complied with and the developer hasn't been a good keeper of the land. The CUP addresses fencing that borders the walking paths but no fencing was installed, although the sprinkler system and landscaping is completed. The result is that they have had lawn damage to some of their neighbor's property and their lawns had to be repaired at their own expense. He asked to see the street lighting plans that were required by the CUP for 15 streetlights and 13 installed, There was also a condition to have Beaver Creek cleaned up. Several of his neighbors had complained to the city and to the developer regarding the debris and trash along with the polluted stream. Whatever clean up has taken place has been because the neighbors did the work themselves because the builder and developer refused to. There is supposed to be a tree plan with this development, when he met with the city planner he found out there was no tree plan but that 240 trees were supposed to be planted in this development but never were planted. Because of all of these concerns the city council should revisit this plan. The original plan says construction must significantly take place in one year. The individual homes were constructed for the l' 2 nd and 3 rd additions. The rest of the area has remained dormant for over 2 years now. The photo showed the overgrowth of weeds and grass in the area which they called the city to complain about because they were concerned it was going to be a fire hazard, 2. She said this plan is very outdated. There are traffic, vv8tGDd and other many legitimate concerns. There iS also o very deep incline in the trail that goes down t0 the bridge. She happens to live on that walkway and She has witnessed many kids getting hurt on roller skates, skateboordS, and kids playing in water back there and this is o safety concern especially with high density housing. November 26, 2007, City Council Meeting 4 3. He supports the comments that have already been made tonight. In the original CUP approval, item number 5. it states "The use VVOU|d QeOe[8t8 only minimal vehicular traffic on |008| streets and VVoV|d not create traffic congestion Vr unsafe access on existing or proposed streets". He said there are two entrances and exits onto Beaver Creek Parkway and the 8OtnaDC8 8t the top Of the hill on Lakewood Drive is dangerous intersection. The view is impeded when you pull out there with the angle 0f the topography along with the traffic 8L4O mph. The council should revisit the permit and give some consideration to the number Offactors that have been brought Uptonight. 4. Craig Loftdahl, 1131 Sterling Circle North, Maplewood. He lives in the 2 nd addition of Beaver Creek. He commented that the part of the development that is going to be developed is quite a bit higher in elevation than the existing homes. One of the areas that have outlot parking faces west so the car headlights will shine into the front windows of the homes on the east side, or the bottom of the U on Sterling Circle. According to number 4 . in the CUP, it states "glare is something to be prohibited". He is a member of the townhome association and members have asked what is going to built in the open area. Each time he contacted the city to find out if anything had changed and if something did change will the neighbors be informed, he was told "yes". However, he said he was never told there was an annual CUP review by the city that the neighbors could give input on so this building plan came as a surprise when we found out about it. 5. spoke about the Minnesota Open Meeting Law. She noticed in the minutes that the October 22.20U7.city council meeting was never completed and that it stated that the remainder Vf the October 22.2OO7. city council meeting was b]be completed November 20 However, she didn't see the unfinished items listed on this evening's agenda and she was concerned that the city council approved the October 22 minutes without completing the agenda yet. (Many of the items left on the agenda from October 22, 2007, were voluntarily removed from the council presentation list 0r had taken place long ago and weren't necessary to discuss any longer.) Ms. Sletten was referring to the Administrative Presentation item N1. which was the report on the C0[np|8iDt by Elizabeth S|SUBD regarding XC8| Energy KOh|nl8D Lake Substation, by H. A|8D K8ntrUd. City Attorney. (Mayor Longrie said she thought that information was presented and that the city would get her 8 copy of that in[nnUation). She also stated that she hadn't received information from the City Manager that she requested months ago nor has she received aresponse from the City Clerk. (K8ayorLVnQri8 said the City n]C8iYed her requests but this may not be the appropriate body tO ask for those items. Some Of those issues are governed bystate |@w or other issues. Some things have to do with a Plan B city and the people who have the authority to place that information on the agenda would have to be done by a city councilmember. The Mayor said she would be happy to sit down and show Ms. Sletten the state statute and how things np8r8L8.) She also brought Up code violations inher neighborhood. (Mayor Longrie explained the proper way to report code violations to the code enforcement officer via the city website and code enforcement telephone number.) S. k8c Whitcomb said he i3 here because of the road construction Of S|dUrnon and Desoto Street. When he first bought his hOUS8 he had 8 concrete driveway which was in poor condition so he had an asphalt dhv8vv@y put in but he left the CODCretS apron at the end of his driveway in the hopes that one day when he had 8DOUgh nlOO8y he would have the asphalt driveway n8[nOvRd and 8 new concrete driveway put in. When Skillman and OeS0Lo Street were reconstructed the concrete apron was removed and an asphalt apron was put in instead of a concrete apron. November 2G.2OO7. City Council Meeting 5 He asked the Pub|iCVVO[ks/EDgiDSRhng Department if he could get the asphalt apron n8o|8ced with G concrete apron since that was what was Ul8r8 to begin with. He thought he was going to get a letter from the city but instead he received an e-mail with a reply of no to the concrete apron request. That was not the answer he had hoped to get and he is unhappy with the results so he is bringing the issue to the attention of the Cib/ council. (Chuck AN said he would research the situation and get back to Mr. Whitcomb) 4. Richard Currie, 1S37 K8nvv0od Parkway East, Maplewood. AS8 member 0f the Historical Commission Mr. (Currie invited everyone to K88p|HvvV0d'G 50 Anniversary celebration » ��atund8y t at the Maplewood Community Center. Social hour starts at5:OU p.nn.. Buffet Dinner byK8ne'S Catering starts 8t8:15 p.m. and Live Dance Band "Reception Jazz" starts @17:0Op.00. Tickets are $30. be purchased 8tthe K8@p|9vv0Od Community Center. Councilmember Juenemann requested 8 recess a/ m/ The Council Meeting resumed 8t 9:43 p.m. None. 1. CoVnci|nl8n1b8rJVRnem8nn moved to approve items 1, 4, 5, - 1 Seconded by Councilmember Hjelle. Ayes — All 2. Councilmember Hjelle moved to approve item 2. Seconded by AVeS — /U| 3. Councilmember 1Hie4e moved tOonDrove item 3. CoVnci|nl8n1ber R0sSb8 Councilmember H�yka. Avey — Al| 5. Councilmember Rossbach moved to approve item 10. Seconded by Councilmember Helle. Ayes — All 8. CVVnC|memU8rJu8nenl8nn moved to approve item 13. Seconded by Councilmember Rossbach. Ayes — All November 26, 2007, City Council Meeting 6 1. Approval of Claims Councilmember Juenemann moved Approval of Claims for November 9, and November 16, 2007. ACCOUNTS PAYABLE: $ 58,170.08 Checks #74040 thru #74096 1§1 PAYROLL 475,099.02 Payroll Chec 2,641.05 Payroll DedL dated 11/16) 477,740.07 Total Payroll AL cil 2. Authorization to Puri Councilmember Hjelle a. IT Director Myi: Seconded bv Councilr Hjelle. ated 11/16/07 #1003835 Ayes — All Dell PowerEd-qe 6850 Server il Fowids, answered questions of the council. mber Juenemann. Ayes - All 3. Approval of the Metropolitan EMS Regional Compact a. Fire Chief Steve Lukin answered questions of the council. Councilmember Hjelle moved to approve and sign the Metropolitan EMS Regional Compact which has been reviewed and authorized bV the city attorney. Seconded by Councilmember Juenemann. Ayes — All November 26, 2007, City Council Meeting 7 Dated 11/09/07 th ru 11 /13/07 311,586.28 Disbursements via debits to checking account Dated 10/31/07 thru 11/07/07 1,276,081.05 Checks #74097 thru #74150 Dated 11/14/07 thru 11/21/07 139,920.95 Disbursements via debits to checking account Dated 11/9/07 thru 11/20/07 Total Accounts Payable 1,785,758.36 475,099.02 Payroll Chec 2,641.05 Payroll DedL dated 11/16) 477,740.07 Total Payroll AL cil 2. Authorization to Puri Councilmember Hjelle a. IT Director Myi: Seconded bv Councilr Hjelle. ated 11/16/07 #1003835 Ayes — All Dell PowerEd-qe 6850 Server il Fowids, answered questions of the council. mber Juenemann. Ayes - All 3. Approval of the Metropolitan EMS Regional Compact a. Fire Chief Steve Lukin answered questions of the council. Councilmember Hjelle moved to approve and sign the Metropolitan EMS Regional Compact which has been reviewed and authorized bV the city attorney. Seconded by Councilmember Juenemann. Ayes — All November 26, 2007, City Council Meeting 7 4. Annual Gambling License Renewal-Maplewood Athletic Association Councilmember Juenemann moved to approve the lawful gambling resolution application for the Maplewood Athletic Association to operate at Guldens. RESOLUTION 07-11-198 BE[[ HEREBY RESOLVED, bv the City Council 0f Maplewood, the premises permit for lawful QannU|inQ is approved for the Maplewood k]n LO 0p8[8tm at GU|dGnS |OC@L8d at 2999 Highway 61 yJOrth, Maplewood, Minnesota. FURTHERMORE, City Council waives any objection t0 the timeliness of application for said permit a3 governed bvMinnesota . Maplewood, FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Seconded bvCOUDd|m9[nb8[He|l8. Ayes -All 5. Annual GammbUimg|LicmanseRengmxaU — PioneerBooster Club Councilmember Juenemann moved to amprove the lawful gambling resolution application for the Pioneer Booster Club to operate at Huey's Saloon. RESOLUTION 07-11-199 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club tO operate at HU8y'G S8|o0U. located 8t2425 Highway 61 KJ0rth, YN8p|ewo0d, Minnesota. FURTHERMORE, that the K8@p|Svv0Od City Council waives any objection to the timeliness Of application for said permit 8G 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 K8iDnRSOt8 Stotut8B349.213. NOW, THEREFORE, bed further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Hjelle. AVeS — AJ| November 26, 2007, City Council Meeting 8 6. Conditional Use Permit Review — Comfort Bus —1870 Rice Street Councilmember Rossbach moved to approve the Conditional Use Permit Review for the bus maintenance and repair -garage for Comfort Bus at 1870 Rice Street and shall be reviewed again in one Vear. a. Lee Rossow, Comfort Bus addressed the council. Seconded by Councilmember Hjelle. Ayes — All 7. Conditional Use Permit Review — Woodlynn Ponds Townhomes — County Road D and Chisholm Parkway Councilmember Juenemann moved to approve the Ponds Townhomes PUD at County Road D and Ch year. Seconded by Councilmember Hjelle. 8. Conditional Use Permit Review — Regions Slee Councilmember Juenemann Seconded by Councilmember Hjelle. 9. Conditional Use Pe Drive Councilmember Juei 2475-2495 Maplewo Seconded by Cound 10. Conditional Use Pe ;I IM kjz"3c; F "-I it IIL 1'%CVIC;VV — VVVVUIVI 111 3 arkway and shall be reviewed in one Ayes — All EM rmit Review — Maple Leaf Ridge Business Center 2475-2495 Maplewood iemann moved to approve the CUP for Maple Leaf Ridge Business Center all od Drive and shall be reviewed again in one year. Imember Hjelle. Ayes — All rmit Review — Saint Paul Regional Water Services — 1900 Rice Street ber Ross Seconded by Councilmember Hjelle. Ayes — All 11. Conditional Use Permit Review — Saint Paul Business Center East — 1983, 1997, 2025 Sloan Place Councilmember Juenemann moved to approve the Saint Paul Business Center East — 1983, 1997, 2025 Sloan Place and shall be reviewed again in November 2008 to ensure continued compliance with city conditions of approval are met. Seconded by Councilmember Hjelle. Ayes — All November 26, 2007, City Council Meeting 9 12. Payment for Service — Aqua Logic Councilmember Juenemann moved to approve payment to Aqua Logic for $5,640.49. For the replacement of the lap pool pump at the MCC Pool that included additional unforeseen expenses of $845.33. Seconded by Councilmember Hjelle. RE, BE IT RESOL 13. Resolution for Adopting 2008 Ambulance Rates Councilmember Juenemann moved to approve the amended language adopted November 19, 2007, for the Resolution Adoptin-q the 2008 Ambulance Rates. The last paragraph should now be billed separately and at the full rate based on the ALS or BLS rate schedule. The milea charge will be split equally between the two I a. Fire Chief Steve Lukin answered que ADOPTING 2008 WHEREAS, the City of Maplewood is autho emergency and paramedic ambulance services by laws of 1978); and WHEREAS, distance a person i, support services as fair and reasonal isported and by t, ned by Medicare. NC January 1, Advan Rate r Ayes — All 5. )f the council. 07-11-197 rized to impose reasonable charges for Minnesota Statutes 471.476 and by special e for services rendered based upon the ces provided; i.e., basic or advanced life the following charges shall be effective nsport (treatment administered) $ 505.00 b support ambulance services $1,330.00 ed life support ambulance services 1 $1,750.00 ed life support ambulance services 2 $1,930.00 �r mile transported $ 17.30 BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the nmh„Inn GhaFgeS will be pFe Fated between the PeOple tFaRsported-each patient will be billed separately and at the full rate based on the ALS or BLS rate schedule. The mileage charge will be split equally between the two patients. Seconded by Councilmember Rossbach. Ayes — All November 26, 2007, City Council Meeting im 1. Lighting Retrofit of Public Works and Parks Recreation Buildings a. Chief Building Engineer, Larry Farr reported. Councilmember Rossbach moved to approve the city award contract to Muska Electric, far installation and retrofitting of fixtures for this proiect, as Muska Electric is the low bidder with a bid proposal of $33,319. Seconded by Councilmember Hjelle. Ayes - 2. Build-Out and remodeling of former dispatch center in Police Department a. Chief Building Engineer, Larry Farr reported. Councilmember Cave in reorganizing and remodeling several areas in the Police Department. Seconded by Councilmember Hjelle. Ayes — All 3. Redesignation of funds at MCC — Exercise Area Expansion Project a. Chief Building Engineer, Larry Farr reported. Councilmember Cave moved to approve to re-designate and spend MCC proiect funds for $32,753.25 to cover items 1-3 listed in the staff report for the weight training and Children's Gym proiect at the MCC. Also to approve to use any remaining funds from this proiect for other MCC iproiects per the proiect list available for City Council review. Seconded by Councilmember Hjelle. Ayes - All K. UNFINISHED BUSINESS 1. Marshlands Project Proposal at TH 5-120 Property, City Project 03-20, Project Report and Update a. Public Works Director, Chuck AN presented the report and answered questions. b. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council. Mayor Longrie moved to support the work by the Task Force on the Marshlands Proposal for the MnDOT Property at TH 5 and TH 120. It is also recommended that the Public Works Director and Environmental Manager continue to explore this option, including review with the Environment and Nature Resources and Parks Commissions. A further update on progress shall be by city staff to the city council prior to the end of 2008. Seconded by Councilmember Hjelle. Ayes — All November 26, 2007, City Council Meeting 11 2. Reconsideration motion by Mayor Longrie on Village Tot Lot, Approval to Purchase Equipment /Preparation of Site from the October 22, 2007, City Council Meeting a. Public Works Director, Chuck AN presented the report and answered questions. b. Peter Fischer, Park & Recreation Commission member, 2443 Standridge, Maplewood, addressed the council and answered questions. Mayor Longrie made a motion to reconsider this purchase of playground equipment. The motion died for lack of a seconded. 3. Maplewood Fire Fighters Relief Association a. Finance and Administration Manager, Bob Mittet gave the presentation and answered questions of the council. b. Ed Fitzgerald, President of the Maplewood Fire Fighters Relief Association, addressed the council and answered questions. Councilmember Rossbach recommended that this item be separated into two different motions. Councilmember - Rossbach moved to approve increasing the benefit level from $4,500 to $5 11 Seconded by Mayor Longrie. — Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach .— Councilmember Hjelle MEMO= Seconded by Ayes — Mayor Longrie, Councilmember Cave Nays — Councilmembers Juenemann, Rossbach Abstain — Hjelle Councilmembers Juenemann and Rossbach voted nay because the 2008 Budget has not been finalized and this item could be brought back to the council to be reconsidered when the city knows the financial situation with the 2008 budget. Councilmember Hjelle moved to extend the meeting at 11:10 p.m. Seconded by Councilmember Rossbach. Ayes — Councilmembers Hjelle, Rossbach Nays — Mayor Longrie, Councilmembers Cave and Juenemann November 26, 2007, City Council Meeting 12 The motion died on a 2 to 3 vote. Councilmember Hjelle moved to extend the meeting to complete agenda items L1. — L. 5. and L9. Seconded by Councilmember Cave. Ayes — Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Nay — Councilmember Juenemann The council will continue the remainder of the shown below at the next city council meeting on December 10, 2007.. 1. L6 — Moaren Street Improvements. Citv Proiect 06-17. Resolution Modifvina Existina Construction 2. L7 — 2. Disconnection Pro-gram. 0 4. 5. Item M2. Ramsey County of Loc 6. Item F3 Proposed Ordinance — E Meetings (First Reading) was PL council meeting on November 2 a L. NEW BUSINESS 1. On-Sale Intoxicating Liquor License — Red Lobster a. Police Chief, Dave Thomalla reported. b. Guy Ficek, 2925 White Bear Avenue, Red Lobster, addressed the council. Councilmember Cave moved to approve the on-sale liquor license for Mr. Ficek to be used at 2925 White Bear Avenue, Red Lobster #283. Seconded by Councilmember Hjelle. Ayes — All 2. Off-Sale Intoxicating Liquor License — Merwin Liquors a. Police Chief. Dave Thomalla reported. b. Louis Dachis, Merwin Liquors, 1700-D Rice Street, addressed the council. Councilmember Cave moved to approve the off-sale liquor license to Mr. Louis Dachis, for Merwin Liquors, 1700-D Rice Street. Seconded by Councilmember Hjelle. Ayes - All November 26, 2007, City Council Meeting 13 J- Lot Width Variance and Lot Division —1805 Arcade Street North a. Planner, Ken Roberts presented the report. b. Joe Bo8ser.3U54 Hazelwood Street, Maplewood, Planning Commissioner, gave the planning commission report. C. Dick Smith, J9Ddi Properties LLC 1992 Evergreen Court, ROSRvi||S addressed the - council. Councilmember Hjelle moved to Street North. )rove the Lot Width Variance an( Dt Division at 1805 Arcade WHEREAS, Dick Smith 0fJ9DdiPmoerti LLC 14 foot-wide lot width variance. WHEREAS, the variance applies to the property at 1805 Arcade Street. WHEREAS, Section 44-106 of the Maplewood Code of Ordinances requires that lots for single dwellings have a minimum lot width of 75 feet. WHEREAS, the applicant is proposing 88O-h]ot-xvidRlot. WHEREAS, the history of these variances is8sfollows: 1. On NOv9[nb8[ 5 2007. the p|8DOiOg DonlDliaaiDO held 8 public hearing. City staff published 8 notice in the Maplewood Review and sent m]Lit8s to the surrounding property owners 8S required bylaw. The planning commission gave everyone @t the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approval Vf the variances. 2. The City Council held a public meeting about this request on November 26, 2007. The city council considered reports and pecpFnrn8nd8LionS from the city staff and planning onnnnni3Sinn. The city council Approved the variances. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described variances for the following reasons: 8. The pnJb|enn requiring the lot width variance in this cin}UrnGt8nc8 is 8 pnJb|8nn that the current owner did not cause (i.e.. location Of the existing hou38). b. The new lot width will be in keeping with the two single tBnni|y properties to the south, which both have 50-fOOt-vvid8lots. C. The variance and creation of separate lots for the existing houses in this location will not change the character Ofthe area as surrounding properties are all single family houses with similar lot sizes. The Maplewood City Council adopted this resolution on November 28,2O07. November 26, 2007, City Council Meeting 14 Councilmember Hjelle moved to approve the lot division site plan date stamped September 21, 2007, for a lot division request to subdivide the 57,945 square foot single family lot located at 1805 Arcade Street into two single family lots. Lot division approval is based on code reguirements (Section 34-14 - lot divisions) and is subiect to the following: a. Submit a rev survey to staff for approval which shows that Parcel A maintains a lot width of at least 0Ofeet. b. Submit 8 cash escrow or letter of credit bJ cover 15Upercent of the following: 1\ Removal Vf all portions of the existing driveway which are within five feet Ufthe shared property line. 2\ Construction Vf8 new driveway for Parcel B, 3\ Construction of8 new garage door to be located On the east side Of the attached g8n8Qe on Parcel B. 4) Conversion 0f the house Or building m �new single dwelling On Parcel AtO meet city zoning code size and building `code requirements. � C. Lot A must be combined with Parcel A. d. K the lots are t0b8 sold or deeded to another party deeds descr the two new legal deeds descriptions for both lots. e. Once the above-mentioned conditions are met, the city will stamp the survey or These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). f. Prior to issuance of a grading or building permit for any improvements to Parcel A or Parcel B, the following must be submitted to staff for approval: 1 ) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all property lines and the location of the improvements which must maintain all required setbacks. AVeS — AJ| 4. Cmmd00 Century Avenue North _ Planner repo b. Joe Boeser 3054 Hazelwood Street, K88pkevvnVd, Planning Commissioner, addressed the council and gave the planning commission report. G. Thomas T@ChnRy,10O3 Century Avenue North, Maplewood, addressed the council. Councilmember Hjelle moved to approve the resolution which approves a conditional use permit for Mr. Thomas TachneV to store or park one heavy commercial vehicle (one enclosed deliverV truck) on the property at 1003 Century Avenue North. Chan-ging condition 6. from a 6 month review to 1 (one) year and that the property owner shall maintain the vegetative screening along Century Avenue. November 26, 2007, City Council Meeting 15 RESOLUTION 07-11-201 CONDITIONAL USE PERMIT HEAVY COMMERCIAL VEHICLE STORAGE AND PARKING WHEREAS, Mr. Thomas Tachney is requesting that Maplewood approve a conditional use permit (CUP) to store a heavy commercial vehicle (one enclosed delivery truck) on the property he owns at 1003 Century Avenue North. WHEREAS, this permit applies to the property at 1003 Century Avenue North. The legal description is: Midvale Acres, the east one-half Of Lot 1, Block 2 (PIN 25-29-22-14-0034) WHEREAS, the history of this conditional use permit is as follows: . On November _.---7. the planning commission ' request. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered nepnnn and recommendations The planning nonnnn|ss|Vn did not make a recommendation about the proposed permit to the city council. 2. The city council reviewed this proposal and considered the planning QOrnrnisSiOn'S review and action on November everyone at the meeting 8 chance ho speak and present written statements. The council also considered reports and THEREFORE, recommendations of the city staff and planning commission. BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this permit 1 . The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing ' or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, pn}c8GG. materials, equipment ormethods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, g|ape. Snn0ke, dust, odor, fumes, water or air pollution, drainage, water run-off vibration, Qen8n8| unsightliness, electrical interference Or other nuisances. 5. The use VvpU|d g8n8n8LH only nnininn8| vehicular traffic on local streets and vvoU|d 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 7. The use would not create excessive additional costs for public facilities or services. November 26, 2007, City Council Meeting 16 8. The use would maximize the preservation Of and incorporate the site's natural and scenic features into the development design. 8. The use would cause minimal adverse environmental effects. Approval k5 subject k} the following conditions: 1. The owner or operator of the truck doing the following: o. Residing on the property. b. Parking the truck OD the existing driveway O[OOthe gravel parking pad. C. Not parking the truck on a public street. d. Maintaining the driveway and parking pad in good _ The owner _ operator shall not let the -truck's engine idle for more than thirty (30) minutes in any one (1) hour period. |OnO circumstances the more than two periods, |GGUng thirty (30) minutes 88ch, in one twenty-four period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 78.no. 3. The owner or operator shall not do any maintenance or repair of the truck or commercial equipment OD the property. 4. The owner 0r operator shall not load 0r unload the truck 0n the property oronadjacent properties. 5. The owner or operator of the truck shall not have any hazardous materials stored in the truck when he has iton the residential property. S. The city council shall review this permit in 1 (one) year. 7. The propertV owner shall maintain the vegetative screening along CenturV Avenue. The Maplewood City Council adopted this resolution OD November 20.20O7. Seconded bvCounci]nnernberjuenenn8nn. Aves - A|| 5' Approve Agreement for Nuisance Abatement at1262Myrtle Street and Authorize Funding from Environmental Utility Fund 8. Public Works Director, Chuck AN presented the report. CounCi|nnennb8rJVenennann moved to approve the agreement with the property owners at 1262 Myrtle Street to abate a retaining wall nuisance and to appropriate up to $20,000 for the abatement of the nuisance consistent with the agreement and authorize the City Engineer to disburse the funds as necessary. MEMORANDUM AND AGREEMENT OF UNDERSTANDING This Agreement is entered into by the City of Maplewood (the City) and Randy Hildebrandt (The Hild8brandt's) residing @t and as owner nf record nf1262 Myrtle Street, City of Maplewood, MN 55119 (the property). November 26, 2007, City Council Meeting 17 WHEREAS: The Hi|d8bn8ndt'G have constructed or initiated construction of a, "retaining waU the property without applying for or being issued from the City a building permit todOso and WHEREAS: The City has determined upon inspection and conclusion ofhPublic Work's staff that the unauthorized retaining wall currently existing as constructed on the property is leaning severely and beginning k]fail 8nd. WHEREAS, the existing, unauthorized, retaining wall is adjacent to a drainage easement retained bv the City for drainage and associated purposes, the legitimacy Of which isnot questioned Or challenged and, VV||EREAS. City crews have connp|8LRd maintenance work in the existing dn8in8Q8 easement tO maintain drainage in the area for the benefit the public and the neighboring parcels specifically 8Dd. WHEREAS, there exists the | potential that the existing, unauthorized, retaining vv8U GS constructed is in imminent hh8hhOOd of collapse and t8i|U[8 and would thereby divert water tO the neighboring properties and cause extensive Udamage LV those parcels and, WHEREAS, the City is authorized to declare the existing, unauthorized, retaining wall, as constructed, to be a "public nuisance," as defined by Statute and intervene on behalf of the public with their own crew to abate the nuisance situation and potential public harm using its inherent power and, WHEREAS, the Hildebrandt's have acknowledged the potential gravity of the situation with respect to the existing, unauthorized, retaining wall as constructed and, WHEREAS, the Hildebrandt's have offered to the City certain assurances that they are intent on reconstructing the wall to the satisfaction of the City with a contractor previously engaged and have agreed to apply for the appropriate permit to do so and, WHEREAS, the City has been made aware of the fact that the only impediment to the reconstruction and stabilization of the existing, unauthorized, retaining wall is the availability of approximately $20,000 in contractor fees to complete the work and, WHEREAS, the Hildebrandt's acknowledge that the City could make such a declaration, proceed with the work and assess the property for the entirety of the work using its inherent power to abate said, "public nuisance." NOW, THEREFORE, with both parties being fully apprised of the issues and remedies of the other, the parties do agree and bind the other to the following: City agrees to not pursue its ability to d8C8ne the existing, Vn8Vthorized, retaining vv8U 8, ^pUb|iCDUis8DCe,^8DdfUrthH[@grHeSOOttOeDte[ODk]thHp[OpertvfOrpU[pOsesOf reconstruction and stabilization at this time pursuant to this binding Agreement. 2. The Hildebrandt's shall apply and pay for a permit to reconstruct and stabilize the existing retaining wall on the property. 3. The City shall review the plans and issue a permit for the work to be completed; the plans ShoU address the pn}b|8OlS and deficiencies identified bv the City Ofthe UOGuUlOriz8d existing wall to its satisfaction. November 26, 2007, City Council Meeting 18 4. The Hildebrandt's and the City shall enter into a contract with a contractor of the Hi|d8br8ndt's choice to complete the work, said Qnntn3Ct shall not be declined by City unless the contractor so-chosen is deemed unfit or not qualified to perform the work and said approval shall not be withheld without said cause shown and shall not be unreasonably withheld. Said contract shall b8 incorporated herein 88an Exhibit upon execution. 5. Any contract for services shall assume a completion date within three (3) weeks time. 8. Upon completion b] the satisfaction Uf the City and certification Vfits staff, City shall tender payment t0 contractor inon amount not tO exceed $20.00D.OB. Y. In recognition of the {|ib/ not pursuing its legal remedies and funding this private project the Hi|debnandt'S agree tQ fully compensate the City for the funds advanced 0Dtheir behalf by the City pursuant to the contract tO which both parties have entered into aS h8n8inb8fbn]deScrib8d. 8. The Hi|d8bn8ndt'S hereby agree k] remunerate the City for all costs and fees associated with and paid for in their behalf onor before September 1,2O08. 0. The Hildebrandt's further stipulate and agree that any unpaid balance due to the City pursuant to this agreement after the 1 st of September, 2008, shall be certified as an assessment to the Hildebrandt's local property taxes with interest applied from the date the monies were advanced by City 10. The Qi|debrond[S further agree and acknowledge that this is a binding agreement and i8@ settlement of the situation at hand but shall not in any way be construed 88 limiting the power or i act in any way it deems necessary and Or legally authorized to act in order to effectuate a remedy to this situation and pursuant to the spirit and intent of this agreement. 11. The Hildebrandt's by and through this agreement do hereby waive any right to object or challenge any assessment that is required and proper made against the property and further waive a public hearing OD the matter. 12. The City agrees to abide by this agreement Go long 8S the terms and conditions continue to be met. 13. The parties also acknowledge and incorporate the assent Of the neighboring property owner in this matter to allow for ingress and egress onto the property for all purposes related bJ the subject matter of this agreement. That agreement shall operate 8G8license to enter for intents and purposes consistent with this agreement and shall expire upon the completion nf final inspection and cleanup nf the project Oras8gnaedtoandemtendedby written amendment iothis agr88rn8nL 14. This agreement shall be recorded against the property t0 nn8mO[kaliz8 the SGm9 but ah8]| not operate as a lis pendens for purposes of marketability. 15. Upon completion and final inspection and approval the City shall acknowledge and record a satisfaction of the agreement with the County Recorder. The costs associated with the filing of these documents shall be borne by the Hildebrandt's November 26, 2007, City Council Meeting 19 10. The City Counsel shall, by resolution, authorize this agreement and acknowledge the terms 8G fair and equitable under the circumstances. Counsel shall further authorize staff to proceed pursuant to this agreement without further notice or review, but shall revisit the matter if the repayment terms are not met for the limited purpose of authorizing the assessment LO the property. 17. The Hildebrandt's agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, d8nn8g8s, penalties, costs and expenses, including reasonable 8Uorne 'fe ,@hSingOUtVf@Cti0nS or omissions by Lhenn. or their employees and agents, in iVn with the Publicly funded improvements t0 the property. 18. All Notices, certificates or other communications the property owner must be sufficiently given and wiU be deemed given when delivered, or when deposited in the United States nn8i| in registered fO p8id and addressed, 8Sfollows: If to the City: Chuck Ah| Director Of Public Works City of Maplewood 1830 Co. Road B East Maplewood, MN 55119 |fio property owner: Randy Hildebrandt 1202 Myrtle Street Maplewood, K8N5511S 19. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 20. In the event any provision of this Agreement is held invalid or unenforceable by any court Cfcompetent jurisdiction, holding will not invalidate or render unenforceable any other provision. This Agreement will terminate 8t the time all of the property owner's obligations have been fulfilled and when the cost of the Publicly funded improvements have been paid in full, or one (1) year after acceptance of the improvements by the City and assessment to the property is made, whichever occurs first. IN WITNESS WHEREOF, the City has caused this Agreement tobn executed |nits corporate name by its duly authorized officers and sealed with its corporate seal; and the property owner have executed this Agreement @t Maplewood, Minnesota, the day and year first above written. CITY OF MAPLEWOOD By: (SEAL) [}i8noLODgri8. Its Mayor an Karen Guilfoile, Its City Clerk PROPERTY OWNER LIM K8c Randy Hildebrandt November 26, 2007, City Council Meeting 20 STATE {]FMINNESOTA ) )SS. COUNTY OF RAMSEY On this of November, 2007. before me, 8 Notary Public within and for said CoUntv. appeared Diana Longrie and Karen Guilfoile, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of W1ap|evvood, and that this instrument was signed and sealed in behalf Vf the City Uy authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE [)FMINNESOTA ) \ss COUNTY {]FRAMSEY ) On this ______ day ofNovembe oppnonoU tnnnnpersonally k is the property owner named in the g instnJ the free act and deed Of himself os i)moi)ertv0vvDGr. Seconded by ity Ma ouncil ralengthy ,move this item M. COUNCIL PRESENT KU1. K8apl M2. Ram Notary Public � Notary Public within and for said CoUnty iown, who, being duly sworn, did say that he nent and that this instrument was signed as Notary Public ! City Offices on Christmas Eve - December 24, 2007, and New Year's �r, Greg Copeland presented the report. iber Eric Hjelle spoke. ,ion between the council and staff, mmber Hjelle decided the aqenda because on union and contract concerns. ^ hter/P8nsmediCKudParsons of Local Governments None. Mayor Longrie moved to adjourn the meeting at 12:02 a.m. November 26, 2007, City Council Meeting 21 Agenda Item F1 e UVOO Jmjefftn We ean To: City Council From: Greg Copeland, City Manager Date: December 6, 2007 Re: Broadcast of All Pubic Meetings of the City City Council Member Erik Hjelle requested staff prepare an ordinance to formalize the current practice of the City to broadcast all public City meetings on Channel 16, the City of Maplewood's government cable television channel. Mayor Longrie has also advised the staff of her desire to co-sponsor this proposed ordinance to ensure the broadcast of all city meetings to the public. All Maplewood Cable TV subscribers have access to the station. Maplewood Citizens who wish to obtain these government programs, but who do not currently subscribe to Cable TV may be connected at their request to Comcast's Cable System at no charge to receive all public access channels. Continuing to increase public participation in government has been a goal of this City Council an adoption of this ordinance would further this goal into the future. Recommendation: Approve the proposed Ordinance's first reading. I 1610-IM&AMNSM161KIVA AN ORDINANCE ADDING § 2-9 TO THE CITY CODE REGARDING THE BROADCAST OF ALL PUBLIC MEETINGS OF THE CITY The City of Maplewood Ordains: City Code § 2-9 is added to read as follows: Short title: Broadcast of Public Meetings. (a) City Policy. It is in the best interest of the public and the citizens of Maplewood specifically that all meetings of the City and or its various committees, boards or advisory groups be freely available for listening, viewing, participation, or any combination thereof. Meetings of these groups are already open to the public pursuant to State law and Maplewood Code to the extent allowed, however it is the policy and desire of the City of Maplewood to ensure access to all its meetings to those citizens who otherwise cannot physically attend those meetings. (b) Broadcast of Activities. To the extent possible all meetings of the City or any of its standing Committees or Boards that meet in the City Hall of Maplewood shall be recorded and broadcast at City expense to the public utilizing whatever available technology exists and is readily available to the City at the time, e.g., local cable-access and/or broadcast channels or their signals. (c) Recording of 'Activities. All meetings of the City or any of its standing Committees shall be recorded as above-described and copies of such meetings shall be available to any member of the public consistent with and pursuant to the Minnesota Government Data Practices Act, § 13.03 et seq. (d) No Wavier. Nothing in this section is intended to render public any activities otherwise described in the Minnesota Open Meeting Law, § 13D.01 et seq. regarding allowable "closure" of otherwise public meetings. The right of the City to close its meetings for the purposes outlined and described in MS § 13D.03 and 13D.05 are neither waived or abridged by this section. Agenda Item F2 I ky, 1:4 LY, [01 ZT-11 ! 1 0111 ky, TO: City Manager FROM: David Fisher, Building Official SUBJECT: Ordinance Amendment - Re-inspection Fee for Non- Compliance of City Code DATE: December 5, 2007 INTRODUCTION I BP -( FROLK N D During the public hearing on November 26, 2007, the city council had the first reading of an ordinance proposing a code amendment for non-compliance re-inspection fees. The discussion of the following item needed clarifications or changes: - Excessive inspection services - Excessive inspection services fee - Excessive consumption of inspection services, fee and liability Cost collection Notice of assessment of fee: Appeal or grievance of imposition of fee: No Waiver of Remedies In the ordinance amendment, proposed changes were made to clarify the city council's concerns. Rdave/excessive consumption fee Dec 2007 TO: City Manager FROM: David Fisher, Building Official SUBJECT: Ordinance Amendment - Re-inspection Fee for Non- Compliance of City Code DATE: November 16, 2007 WT'RODUICTION During the budget workshop on October 8, 2007, the city council discussed new fees including having a fee for service and/or a user fee. I am proposing a new fee that would allow the code enforcement officer, building official, building inspector, planner and/or health official to charge a re-inspection fee for inspections and services as set by the city council. In order for the city to implement this fee, I am proposing a city code amendment that would allow the city to charge a fee to the owners or to the properties that require multiple inspections or that are using excessive city resources. OEM= City Code Section 12-37 allows the City of Maplewood to collect permits and fees based on Minnesota statue. 16B.62, Subd. 1. In 2005 through 2007, the building inspector may charge a $50 re-inspection fee that was set by the City Council. City Code Section 18-36 Notice to Abate and 18-37 Abatement by Council allows the City to recover expenditures, and an additional 25 percent on abatement costs. The Fire Department has implemented a re-inspection fee for false alarms. At the November 14, 2007, HRA meeting, they reviewed a draft document of an ordinance amendment proposed for re-inspection fees. The HRA had concerns about building inspector charging a re-inspection where customers paid for a permit. The HRA approved the proposed amendment to move it forward to the City Council. DISC! kSWSION IA .... . : A T ID U 'S '�P'fll u , cpery o 0 � -S K� _i U A71. The city council shall, by resolution, set the fee amount from time to time. The city intends to use this fee to compensate the city for administrative costs for excessive inspections. This fee would not b9 for enforcement Vf the city code. The fee shall b8 separate from and in addition tV any fine or penalty for violation of the law. In addition, the prevailing party in any nuisance action proceeding or administrative proceeding may recover attorney fees. lo help ensure the property owners know about the reinSoeoton fees, the notice of violation or notice tO abate the nuisance shall contain 8 prominent written statement. As proposed, the notice would state, "if the violation 0r nuisance isnot corrected 8t the time Of the first inspection, the violator may be responsible for the costs of all subsequent inspections, abatement costs and attorney fees." Additional Information City staff researched the codes Of several other cities b] find examples Vfordinances about the excessive consumption of city services. Staff found that Saint Paul, Minneapolis, and Eagan to have similar ordinances in p|8D8 about the excessive C0D3unlptiOn of city services. P|e838 see the ordinances reference attachment 1. RECOMMENDATION City staff recommends that the city council approve the attached code amendment to the City Code (attachment 2). This amendment iS for Section 1-15(a)Vf the city code bv adding the following language about the excessive consumption of city services. P:dave/excessive consumption fee 2007 Attachments: 1. References from St. Paul, K4PLS&Eagan 2. Ordinance adding language to the city code about excessive consumption of city services ATTACHMENT 1 The following are parts of the other city codes. St Paul: Sec. 34.24L Excessive consumption mf city services. (1) Council findings. The city council finds that some property owners take little orno responsibility for the maintenance of their property until the city, through its various inspections programs, has repeatedly ordered them t0 remedy violations 0f the property maintenance chapters Of the Saint Paul Legislative Code. Such property owners create excessive costs for the city which are over and above the normal cost of providing inspection services city-wide. Property owners who must repeatedly b8 ordered b] remedy code violations on their property consume an unacceptable and disproportionate share of limited city resources. Therefore, it is the intent Vf the city council, by the adoption Cf this section, to impose and collect the costs associated with reinspections and the excessive consumption of city inspection services. The collection of such costs for certain properties shall be by assessment against the real property requiring such excessive inspection or n8insp8{tion services, pursuant to Minnesota SL8iUt8s. Section 429.101, which authorizes the council to provide for reinspection fees to be collected by special assessment and allows cities to collect the costs associated with removal or elimination nf public health or safety hazards and chapter 14ofthe Saint Paul City Charter. (2) Definitions. For the purpose of this chapter, the terms defined in this section shall have the meanings ascribed iOthem: Excessive initial inspection means an inspection and observation of a new violation by an enforcement officer at a specific property address after an enforcement officer has conducted two (2) prior initial inspections within a twelve-month period and found violations of the Saint Paul Legislative Code under the jurisdiction of the department of safety and inspections, where the owner was notified in writing pursuant tO section 34.24/3\. Excessive inspection services fee means the fee LoUn imposed for orainapentionor RxC8SSivR initial inspection. The fee shall iDdUd8, but not be limited to: the pnJr8t@So|8riSS Of enforcement officers performing inspections of the subject property; the prorata cost of equipment, materials and all other overhead costs used during inspection of the subject property, including ownership searches and administrative and clerical costs; and the costs of any medical treatment nf enforcement officers injured as8r88u|tVfth8sein8p8CtinnS. Reinspection means that an enforcement officer has conducted an inspection of the premises based upon 8complaint or otherwise had occasion LO view the premises and observed a violation Cf any provision Cf the St. Paul Legislative Code under the jurisdiction of the department of safety and inspections issued a written notice of the violation(s), and reinspected the premises to determine compliance with the notice and found noncompliance. /3\ Initial inspection bv enforcement officer written notice. (m) Written notice of violations. When an enforcement officer conducts an initial inspection of a premises and determines that violations of the provisions of the legislative code under the jurisdiction of the department of safety and inspections exist, the enforcement officer shall, in addition t0 any other action the enforcement officer may undertake, serve written notice [fthe violation in conformance with the requirements SHL forth in section 34.21 of this chapter. (b) Notice for collection of reinspection costs and excessive initial inspection noa/a If the enforcement officer intends to collect the city costs for reinspections and excessive initial insp9CtiVnS, then the written notice provided for in sections 34.24./3\/8\and 34.21 must also: 1. State that if the violations are not corrected within the time period or periods required in the notice, the city's costs in conducting a reinspection after the due date for compliance will be collected from the owner or owners rather than being paid by the taxpayers of the city; and 2. State that if additional new violations of the legislative code under the jurisdiction of the department of safety and inspections are discovered by enforcement officers within the next following twelve (12) months, the city's costs in conducting any additional inspections at the s@nnR location within such twelve (12) nlODthS will be CO||eCt8d from the owner O[owners rather than being paid by the taxpayers of the city; and 3. State that such future costs will be collected by assessment against the real property. (4) Excessive consumption of inspection services, fee and (a) The city shall be entitled to collect its costs of enforcement from a property owner who consumes either n8insp8C1ionservices or excessive initial inspection services. Anexcessive consumption of either reinspections or excessive initial inspection services occurs after: 1' Written notice of8 violation is served under section 34.24.(3) following an initial inspection; and 2. One additional initial inspection is performed at the same location within a consecutive twelve-month period after the first initial inspection for which 8 notice of violation was served; and 3. During each of the two initial inspections under subparagraph (3), the enforcement officer finds violations of the Saint Paul Legislative Code under the jurisdiction of the department of safety and inspections which are new violations; or 4' Written notice of violation is served under section 34.24.(3) following an initial inspection; and 5' The 8nhJn:8nn8nt officer conducts an inspection after the due d8L8 for compliance on the notice and determines that the violation still exists. (b) A fee [f fifty dollars ($5U.OU) may bH charged for the first initial inspection after the tin:UnlStGnc8s described under section 34.24.(4)(8) subdivisions 1 and 2, and 8 fee of seventy five dollars ($75.00) may be charged for the second initial inspection after the circumstances described under section 34.24.(4)(a) subdivisions 1 and 2, and a f98 of one hundred fifty dollars ($15O.UO) may b8 charged for each subsequent initial inspection within 8 twelve-month period after the circumstances described in section 34.24./4\/@\ subdivisions 1 and 2. (c)A fee Vf fifty dollars /$50.80\ may U8 charged for the first r8insp8{tiOn described insection 34.24.(4)(G) subdivisions 4 and 5.A fee 0f seventy-five dollars ($75.0O) may be charged for the second rRinSpeCti0n described in section 34.24.(4)(8) subdivisions 4 and 5.A fee Ofone hundred fifty dollars ($150.00) may be charged for each subsequent reinspection described in section 34.24.(4)(8) subdivisions 4 and 5. (d) NV fee under section 34.24.(4)(8) shall be charged where the city has issued 8written notice pursuant to section 34.24.(3) but has abated the violation under section 45.1Oor45.11 of the Saint Paul Legislative Code and assessed the costs of such abatement under section 45.11.1 of the Saint Paul Legislative Code. (e) The amount of the excessive consumption of inspection services fee shall be a debt owed to the city and shall b8 collected Uy special assessment under the authority inMinnesota 8i8LVt88, Section 429.101 and the Charter. (f) Action under this section does not preclude any other civil Or criminal enforcement (5) Cost; collection (a) Cost records. The enforcement officer shall keep G record Of the costs for excessive consumption of inspection services, the name and address of the owner, the dates of the inspections giving rise to the excessive consumption of inspection services, the observed violations of the Saint Paul Legislative Code under the jurisdiction of the department Ofsafety and inspections, and the total amount of the costs for excessive consumption of inspection services h3b8 collected against 8 particular property, and shall report such information tOthe director Of financial services. (b) ReG0AJbQn appnDmMQ total, setting date of public hearing. On or before October 1 of each year, the director of financial services or his or her designee shall notify the city council of the total cost of such excessive inspection services performed during the previous year and the portion of such costs to be assessed against each lot and parcel of property that utilized excessive inspection services. Upon receipt thereof, the council Sh8|| by resolution fix date for public hearing at which time the council shall consider adopting and levying the service charges. The date Vf public hearing shall Ue aL least twenty /28\ days after adoption nfsaid n8SO|utiOD. (c) Notice of council hearing. Following the adoption of the resolution provided in paragraph (b) above, the director of financial services shall publish a notice of the hearing in a daily newspaper [f the city 8L least five /5\ days prior t0 the public hearing. The notice shall state the date, time and place of hearing, the purpose of the hearing, identify the services provided and the property to be assessed a service charge therefore, and shall state the proposed rates of service charges LOb8 considered by the council. (d) Notice bn owner and interested parties. At least ten (10) days before the hearing, notice thereof shall be mailed by first d8sS nn8i| to the owner and any interested party known to the city, at his or her last known address. Such notice shall also inform the recipient of the notice: 1. Of the procedures he or she must follow under the charter in order to appeal the assessments to the district court, and 2.Of the provisions Of Minnesota Statutes, Sections 435.1Q3to435.185 and the existence of any deferment procedure established pursuant thereto. (e) Public hearing; adoption mf assessment roll. CJn the date of public hearing the council shall meet to consider the adoption of the proposed service charges. The council shall hear all interested parties concerning the proposed charges. At such nn8EtinQ or8tany adjournment thereof, the council may amend the proposed service charges, and shall, by resolution, adopt the service charges as a special assessment against the properties which utilized excessive inspection services. Special assessments levied hereunder shall b8 payable ina single installment. (f) Certification to county for collection with taxes. After adoption by resolution ofthe service charges and assessment rates therefore, and n0 later than November 15. the city clerk shall transmit a certified copy of said resolution to the county department of property taxation to be extended on the proper tax list of the county and collected the following year along with current taxes. (g) Appeal. Within twenty (20) days after adoption of the resolution adopting the service charges, any person aggrieved may appeal to the district court in the manner set forth in chapter 140f the City Charter. /C.F. No. 05-740. & 1, 8-14-05; C.F. yJO. 07-149. &8 3-28-07\ Minneapolis: 244'190-Re- fee- (a) There shall Uem] fee charged for 8n initial inspection to determine the existence [f8 housing maintenance code violation. A one hundred dollar ($1UU.UO) fee shall U8 charged for each subsequent re-inspection finding noncompliance that is conducted after the due date for compliance with an order, as determined by the director of inspections or the director's designee. (b) The re-inspection fees prescribed above shall be billed directly to the owner or contact person/agent Uf the property. Re-inspection fees shall U8 increased by fifty (5O) percent when not paid within thirty (30) days after initial billing, to cover administrative C0StS. F8i|U[8 to pay such fees shall b9 grounds for denial, revocation, suspension, 0r non-renewal 0f@rental dwelling or lodging house license. This subsection shall not be considered the exclusive method of collecting re-inspection fees and Sh8|| not preclude collection by other lawful methods. (c) Every notice of violation and order to correct housing code violations shall contain a clear and conspicuous explanation of the policy in this section requiring fees for re-inspections. (d) The director, and housing inspection supervisors designated by the director, may waive 8re- inspection f88 in c8SR of error, nn|stGkR, injustice, or other good c8USR. /92-{}r-172. § 1 12-10- 82�83-Op1OG 8 1 �-�O-93' S4-(]�O87 8 1 7-1-94'�OO2-(]p104 & 1 1O-��-O2'2O0�-(]�08O . .^ . . ." . . .^ . . . Eagan: Sec. 10.44. Repeat nuisance call service fee. Subd'1' Purpose. The purpose nf this section into protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection City wide. Subd'2' Scope and application. This Section shall apply to all owners and occupants of private property which is the sub or location of the repeat nuisance service call by the City. This Section shall apply to any repeat nuisance service calls as set forth herein made by an Eagan peace officer, part time peace officer, community service officer, animal control officers and code enforcement technicians. Subd'3' Def of nuisance call or similar conduct. The term nuisance service call shall mean any activity conduct, Vr condition occurring upon private property within the City which: (i) unreasonably annoys, injures Orend@ng8rsthes@fetv health, [n0r@|S. CO[nf0rt or r8pOa8 of any member ofthe public; (ii) or will, or will tend hJ. 8|@r[n. anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: 1. Any activity, conduct, or condition deemed as a public nuisance under any provision of the Qtv(�Od8' . . 2. Any activity, conduct, or condition in violation of any provision of Chapter 10 of the City Code; 3. Any conduct, activity orcondition constituting G violation of K8inn8GVLG sL8LR |8vvs prohibiting 0r regulating prostitution, gambling, controlled substances, use 0f firearms; and 4. Any conduct, activity, or condition constituting disorderly conduct under Chapter 809 of Minnesota Statutes. @ubd'4. Repeat nuisance service call fee. The City may impose a repeat nuisance service call fee upon the owner or occupant of private property if the City has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the 8b8tRrnRnt of nuisance conduct, 8tL|viiy, or condition of the same or similar kind. The repeat nuisance service call fee under this Section shall b8an amount 8s set forth and duly adopted by City Council resolution. All repeat nuisance service call fees imposed and charged against the owner nr occupant under this Section shall be deemed delinquent 30 days after the City's nn8i|inQ 8 billing statement therefore. Delinquent payments are subject to a ten percent late penalty of the amount due. Subd'5.Notice. Nn repeat nuisance service call fee may be imposed against en owner nr occupant of property without first providing the owner or occupant with written notice of the prior nuisance service calls prior to the latest nuisance service call rendered by the City upon which the fee iS imposed. The written notice shall: (1) State the nuisance conduct, activity or condition that is or has occurred or is maintained or permitted on the property, the dates of the nuisance conduct, activity or condition; (2) State that the owner Or occupant may b8 subject Lo8 repeat nuisance call service fee if8 third nuisance service call is rendered to the property for the same nuisance, in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance or compliance with the |8vv. and (3) B8 served personally OrbyU.S. Mail upon the owner O[ occupant Gt the last known address. Subd'@' Right Lo appeal repeat nuisance service call fee. Upon the imposition nfarepeat nuisance service call fee, the City shall inform the owner or occupant 0f his/her right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Clerk within five business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for hearing. The hearing shall be heard by the hearing office within 14 days of the date of the owner's or occupant's request for hearing. The hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may Ue transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the hearing officer shall make written findings of fact and conclusions on the issue of whether the City responded to or rendered services for repeat nuisance service calls 0f the same Or similar kind on three 0rmore occasions within a 365 day period. The findings and conclusions shall be served upon the owner nr occupant byU.S. Mail within five days of the notice ofhearing. An owner or occupant's right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the hearing officer's written findings of fact and conclusions that the repeat nuisance call service fee iswarranted hereunder, the owner or occupant shall immediately pay the fee imposed. Subd'7. Legal Remedies Nonexclusive. Nothing in this Section shall b8 construed k} limit the City's other 8v8i|aU|8 legal n8nn8di8S for any violation of the |8vv which may constitute 8 nuisance service cG|| hereunder, including Cri[ninG|. civil, injunctive Orothers. (Ord. N8. 311. 2nd series, Q 1.ef[ 5-24-01) Attachment 2 AN ORDINANCE ADDING LANGUAGE TO THE CITY CODE ABOUT RE- INSPECTION FEES FOR CONTINUING NON- COMPIANCE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: (additions are underlined, changes to additions are ** and deletions are crossed out) Section 1. Section 1- 15(a). Excessive Consumption of City Services Excessive consumption of citv services. (1) Council ffndinps. The city council finds some property owners take little or no responsibility for the maintenance of their property until the city, through its various inspections programs, has repeatedly ordered them to remedy violations of the Maplewood Code. Such property owners create excessive costs for the city that are over and above the normal cost of providing inspection services in the city. Property owners who the city must repeatedly order to remedy code violations on their property consume an unacceptable and disproportionate share of limited city resources. Therefore, it is the intent of the city council, by the adoption of this section, to impose and collect the costs associated with re- inspections and the excessive consumption of city inspection services. The collection of such costs for certain properties shall be by assessment against the real property requiring such excessive inspection or re- inspection services, pursuant to Minnesota Statutes, Section 429.101, which authorizes the council to provide for re- inspection fees to be collected by special assessment and allows cities to collect the costs associated with removal or elimination of public health or safety hazards. Such fees are also authorized by Chapters 1, 12, 18 and 44 of the Maplewood City Code. (2) Definitions- For the purpose of this chapter, the terms defined in this section shall have the meanings ascribed to them: Enforcement Officer - means a person or employee appointed by the City Manager such as, Code Enforcement Officer, Planner, Building Inspector, Building Official, and Health Official to conduct code enforcement inspections and activities for the city. ** Excessive inspection services - Means more than three (3) inspections by City staff generated at any one address for existing or new violations of the City Code within a continuous twelve (12) month period. ** Excessive inspection services fee means the fee that the city imposes for a re- inspection or excessive additional inspection. The fee shall include, but not be limited to: the prorated salaries of enforcement officers performing inspections of the subject property; the prorated cost of equipment, materials and all other overhead costs used during inspection of the subject property, including ownership searches and administrative and clerical costs; an d the GeS of aRY ., e i tr ea tment of PAWAPWAYf# nffinnrc i ,rnrl �c � rnc� J# of #hncn inc nnn#innc 111-1 Re- inspection means that an enforcement officer has conducted an inspection of the premises, based upon a complaint or otherwise had occasion to view the premises and observed a violation of any provision of the Maplewood City Code under the iurisdiction of the Inspections, Planning and Building Operations Department, has issued a written notice of the violation(s), and then re- inspected the premises to determine compliance with the notice and found that the owner or responsible party had not complied with the written correction notice or orders. (3) Initial inspection by enforcement officer, written notice. (a) Written notice of violations. When an enforcement officer conducts an initial inspection of a premises and determines that the property has violations of the city code, the enforcement officer shall, in addition to anV other action the enforcement officer may undertake, serve written notice of the violation or violations in conformance with the requirements set forth in the City Code, and apprise the owner of the required correction measures to bring property into compliance. (b) Notice for collection of re- inspection costs and excessive initial inspection costs. If the enforcement officer intends to collect the city costs for re- inspections and excessive initial inspections, then the written notice provided for in the City Code also must: 1. State that if the violations are not corrected within the time period or periods required in the notice, the city's costs in conducting a re- inspection after the due date for compliance will be collected by the city from the owner or owners rather than being paid by the taxpayers; and 2. State that if additional new violations of the legislative code under the jurisdiction of the department of safety and inspections are discovered by enforcement officers within the next following twelve (12) months, the city's costs in conducting any additional inspections at the same location within such twelve (12) months will be collected from the owner or owners rather than being paid by the taxpayers of the city; and 3. State that the city will collect such future costs by assessment levied against the real property. (4) Excessive consumption of inspection services, fee and liability. (a) The city shall be entitled to collect its costs of enforcement from a property owner who consumes either re- inspection services or excessive initial inspection services. An excessive consumption of either re- inspections or excessive initial inspection services occurs after: * *1. More than three (3) inspections by City staff generated at any one address for existing or new violations of the City Code within a continuous twelve (12) month period. requ'rernents of the City Code and than followed by ene fellow _i p incnontinn and a connnr! elle,er._u n incneniiep (Per a total of three iRspent frar the came vinl�tinn\ the Maolewood Citv Code that -- - ---.v vwGiations; or and .determines that the Vi.,lafir.r. Still a iota (b) The city may charge a fee of seventy -five dollars ($75.00) for the third inspection. The city may charge a fee of one - hundred dollars ($100.00) for the fourth inspection after the circumstances described under section City Code. The city may charge a fee of one hundred fifty dollars ($150.00) for each subsequent additional inspections within a twelve -month period after the circumstances described in the City Code. (c) No fee under City Code Chapter 1-1 5(a) 2.shall be charged where the city has issued a written notice pursuant to City Code Chapter 1-1 5(a) 2.but has abated the violation under the city Code Section 18.36 through 18.39 and assessed the costs of such abatement under The City Code Section 18.36 through (d) The amount of the excessive consumption of inspection services fee shall be a debt owed to the city and shall be collected by special assessment under the authority in Minnesota Statutes, Section 429.1 and the City Code Section 18.39. (e) Construction proiects where the building inspector / code enforcement officer requires a collection of a re-inspection fee, the contractor will be billed and not allowed to obtain inspections or any new permits until the re-inspection fee is paid in full. (f) Action under this section does not preclude anV other civil or criminal enforcement procedure. (5) Cost; collection. (a) Cost records of the non-compliant properties - The enforcement officer shall keep a record of the costs for excessive consumption of inspection services, the name and address of the owner, the dates of the inspections givinci rise to the excessive consumption of inspection services, the observed violations of the city code and the total amount of the costs for excessive consumption of inspection services to be, collected aciainst a particular Property, and shall report such information to the buildinci official and to the city finance director. **(b) Notice of assessment of fee: Upon establishment by an enforcement officer that an excessive inspection service fee has been ffustified, the officer shall notify, in writincl, the responsible party associated with the address/property that the fee is due and owed the City. The official shall also notify other departments within the City of the imposition of the fee and no permits, inspections or other work shall be authorized at the address or on the Property until the fee is paid. ** (c) Appeal or cirievance of imposition of fee: . Upon receipt of the notice referenced above, the Party or their designee shall have 14 business days to appeal or grieve the imposition of the fee. All appeals under this section shall be in writing and sent to the Office of the CitV Manager for review. If the City Manager does not resolve the matter to the satisfaction of the responsible Party, the matter shall be placed on the agenda of the next regularly scheduled meeting of the City Council for their review. ~~ * the finance director or their designee shall apprise the city council of the uncollected service fees that have been subiect to the procedure above, yet remain unpaid. Unpaid and/or uncollected fees shall be assessed pursuant to the procedure set out in Minn. Stat. � 429.061, indudkm the aooeo|orooeos(eo)therein. ** (e) No Waiver of Remedies: Neither the imposition and/or assessment of a fee pursuant to this section shall in any way limit the City's ability to obtain or effect compliance with its Code. The City reserves the riciht to Pursue any and all other lecial and equitable remedies it is authorized to Pursue by ordinance and or as authorized by state law. MeRty (20) days after the GitV GeURG adepts sa re-selutien. Section 2' This ordinance shall take effect after publishing in the OffiCi@] O8vvSpopSr. The Maplewood City Council approved this ordinance On 200_. Mayor City Clerk Agenda Item F3 T{): City Manager FROM: Tom Ekstrand. Senior Planner SUBJECT: Sign Code A0Nend00ent--Proh ibited Signs 2""Reading DATE: November 30,20O7 INTRODUCTION Request On October 8 the city council gave first reading to8 sign code amendment that would delete as a "prohibited sign" the descriptive language which identifies prohibited signs as signs that " change " Refer to the attached nnSnnO and materials from Alan Kontrud dated October 4 Reason for the Proposed Revision Clear Channel Outd0Jr'supgrades to their billboard 0O the west side of 1-494 by Carver General Repair were being enforced bv the city 8sG violation Of the city's sign ondiD8DnR. This is because their new LED display sign face changed in brightness and color. [)n October 22 2007, the city council approved an agreement with Clear Channel to let them keep their sign, but the ordinance still needs to be changed to delete the language as described above. RECOMMENDATION Approve second reading of the attached sign ordinance8mendmentvvhiohde|etes8ao "prohibited sign" the descriptive language which identifies prohibited signs 88Sign8Lh81 " chan-ge in brightness or , pord/Prohibited Signs Amendment 2» Reading 1207ta 1. Memorandum dated October 4.2OU7 from Alan Kantnud 2. Proposed Sign Ordinance Amendment for Prohibited Signs Attachment 1 Knaak & Kantrud, P.A. ATTORNEYS AT LAW OF COUNSEL: Tom Dailey Don Kohler t H. Alan Kantrud hakantrud@klaw.us direct: 612-743.4242 114 Qualified Neutral by the Minnesota State Bar Association 4 October 2007 City Manager, Greg Copeland Sign Code Ordinance and Clear Channel Dynamic Display INTRODUCTION Clear Channel has operated a billboard sign at Highwood and 1-494 for many years on an ongoing legal non-conforming use status. Clear Channel, the sign-operator, conducted certain repairs and renovations of their sign located along 1-494 in February 2007 pursuant to a previously-submitted request to do so, but did so without specific authorization to expand the use of their sign to include the, "dynamic," changing sign-face that is now capable of doing. This expansion has been and continues to be in violation of our general prohibition on signs that, "change in color or illumination," and therefore has been technically illegal upon its activation, by our interpretation of our Code. DISCUSSION While Clear Channel has not acknowledged that their billboard (sign) violates our ordinance, per se, they have acknowledged that their original application to perform maintenance on the sign did not include the addition of the, "dynamic," portion of the sign-face. This problem was immediately identified by planning staff and a letter informing the sign-operator was sent giving the operator a period of time to rectify the situation. Staff, including myself and the City Manager, met with the operators of the sign early on, following the receipt of the letter from our planning staff, and determined that we would try to work with them and resolve the issue. It was agreed at the time that since the matter was in litigation with the City of Minnetonka, we would let that process continue and that the Maplewood matter would be resolved in due course. We all agreed to disagree about the interpretation of the sign ordinance. The Minnetonka matter was handled by way of the City (Minnetonka) getting sued for, "unplugging," the sign Clear Channel activated. The LMCIT was then contacted and the matter referred to them. John Baker, of Greene Espel, was assigned the case and he worked with the City's attorney, Desyl Petersen, and, with the help of a Hennepin County District Court Judge, the matter was eventually resolved amicably and with the adoption of a new sign ordinance regarding Dynamic Displays as well as an Agreement with Clear Channel regarding future operations of such signs (see the attached Agreement and Ordinance). Incidentally, the Agreement acknowledged the benefit of such signage to the City and incorporated a lengthy analysis on the safety of the signs (see the attached study, Exhibit A). Many cities adopted, "moratoriums," on such signs as a result of the Minnetonka experience. One of which was Eagan. Eagan conducted an examination of the effects and consequences of having Dynamic Displays and has now concluded that they are a benefit and not a detriment to their citizens and have adopted an ordinance authorizing these types of displays (that vote was on October 2, 2007). At the time and for our purposes the decision was made not to engage Clear Channel with a battle in the courts for a couple of reasons: The first was, simply, that the strategy of just, "unplugging," the sign (like Minnetonka did) would not have been productive. Such a move would have resulted in litigation that would have undoubtedly triggered another, "defense of claim," file with the LMCIT. We had enough litigation pending with the League at that point to make that option unsavory. I'm confident that we would have received the benefit of League representation; but at what cost? Presumably, further, protracted, litigation at our expense—and to potentially no better or different end than that which Minnetonka eventually settled fora settlement that all agreed was a good conclusion to the situation and the litigation. The second was to engage Clear Channel in a tortured process whereby we would find a way to somehow authorize their new display. This option included Clear Channel applying for a variance for their display. Your lawyer as well as Clear Channel's agreed that the standard of review for a, "variance," would not apply to their situation; you cannot, by variance, authorize that which is strictly prohibited. Again, we agreed to disagree, but this time with resolution in mind. Staff has suggested now that a special use permit may be a vehicle by which the City can both authorize the Dynamic Display being employed by Clear Channel as well as keep some measure of control on its effect in the community. The operators of the sign have agreed to be subject to that process and potential limitation that a permit would entail. It is my hope that the standards that have become policy in other suburban cities will prevail here based on the great weight of evidence and study that those cities have conducted. The suggested move on the part of Council is to adopt a minimalist approach to the problem and strike-through the portion of the Code that, under strict interpretation, prohibits the Dynamic Display currently being operated by Clear Channel. This is a surgical removal to be sure and does not affect any other aspect of the sign code. In addition to the deletion of the language in the Code, this change will precipitate the presentation of the revisions to the sign code originally suggested by the CDR13 back in 2006. The hope is that the Planning Commission will also take up a, "Dynamic Sign," code amendment consistent with that which other cities have now considered and adopted as well as bring to Council all the other modifications contemplated by that body. By written Agreement with Clear Channel, the operator knows that any future expansion of a billboard will be subject to the tenets of our presumably hereinafter adopted regulation of such, "Dynamic Displays," and limited in number. (See attached Exhibit B, the Ordinance adopted by Eagan that addresses these signs) In terms of a settling with the City, the operator has agreed to install another Dynamic Display, at a cost of $ 100,000.00, on the monument space of the Maplewood Community Center and turn that sign over to the City for complete control and use. This Agreement is and would be in lieu of citing the operator for the ongoing violation of our sign code; an ongoing violation worth about $240,000.00 that likely would be challenged and not imposed by a district court—which would have the ultimate authority to levy a fine—the revenue of which the City would get a mere portion of... (See attached Exhibit D for mock-up of the sign) This redaction does not in any way authorize the use or employment of any signs that otherwise would violate the City's prohibitions on other signs that employ movement in their regular operation; the signage at issue only offends that portion of the code that prohibits changes in color or illumination. Agreements with other parties regarding their signage would, of course, be honored. RECOMMENDATION That the City Council conduct a first reading of the modification recommended below that includes the deletion of the words in the prohibited section of the sign code, specifically: See. 44-737. Prohibited signs generally. Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (1) Balcony signs and signs mounted or supported on a balcony. (2) Any sign that obstructs any part of a doorway or fire escape. (3) Signs that have blinking, flashing or fluttering lights of t4a4 e4ange ii4 brig Wiwass AM: Signs that give public service information such as time and temperature are exempt. 2. That the City Council refer the change to the Planning Commission and/or the Community Design Review Board for their consideration and input and further recommendation regarding the Dynamic Display ordinance; 3. That the City Council review the framework for settlement with Clear Channel and approve it as to form. Attachment 2 AN ORDINANCE AMENDING THE CODE REQUIREMENTS FOR PROHIBITED SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. Section 44-737. Prohibited signs generally. (Deletions are crossed out): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: 1. Balcony signs and signs mounted or supported on a balcony. 2. Any sign that obstructs any part of a doorway or fire escape. 3. Signs that have blinking, flashing or fluttering lights eF that GhaRge iR bFightRess GF GGIGF. Signs that give public service information, such as time and temperature are exempt. 4. Signs on rocks, trees or utility poles on a public right-of-way. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on 2007. Attest: LM City Clerk Agenda Item H1 TO: City Manager, Greg Copeland FROM: Steve Lukin, Fire Chief SUBJECT: Life Saving Awards DATE: December 4, 2007 Four life safety awards are being presented to the following individuals: Andy Proesch and Mike Saucerman for successfully performing CPR on a child at the Maplewood Community Center pool on Friday, November 9, 2007, Alison Kutzhal for her help assisting emergency personnel at a motor vehicle accident on Highway 61 in October 2007 and to Jonah Hale for saving his brother in the swimming pool on July 31, 2006. AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: December 10, 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: $ 306,458.42 Checks # 74151 thru # 74207 dated 11/21/2007 thru 11/27/2007 $ 279,741.92 Disbursements via debits to checking account dated 11/15/2007 thru 11/21/2007 $ 1,050,439.18 Checks # 74208 thru # 74262 $ 106,907.53 $ 1,743,547.05 PAYROLL $ 489,444.82 $ 563.16 $ 490,007.98 Disbursements via debits to checking account dated 11/21/07 thru 11129/07 Total Accounts Payable Payroll Checks and Direct Deposits dated 11/30/07 Payroll Deduction check # 1003935 thru # 1003936 dated 11/30/07 Total Payroll $ 2,233,555.03 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. kf attachments P :\APPROVAL OF CLAIMS12007107- AprClms 11 -23 and 11 -30 Visa Transactions from 11/12/07 thru 11/23/07 Trans Date Posting Date Merchant Name Trans Amount Name 11/12/2007 11/14/2007 JOANN ETC #1970 $158.19 MANDY ANZALDI 11/15/2007 11/16/2007 TARGET 00011858 $12.52 MANDY ANZALDI 11/16/2007 11/19/2007 FACTORY CARD OUTLET #284 $72.68 MANDY ANZALDI 11/16/2007 11/19/2007 PARTY AMERICA 1008 $17.64 MANDY ANZALDI 11/17/2007 11/19/2007 TARGET 00011858 $5.30 MANDY ANZALDI 11/19/2007 11/20/2007 THEATRE HOUSE $165.60 MANDY ANZALDI 10/22/2007 11/12/2007 NUCO2 $63.53 JIM BEHAN 11/01/2007 11/12/2007 NUCO2 $60.45 JIM BEHAN 11/01/2007 11/12/2007 NUCO2 $34.98 JIM BEHAN 11/08/2007 11/12/2007 THE HOME DEPOT 2801 $28.66 JIM BEHAN 11/09/2007 11/12/2007 AQUA LOGIC INC $819.84 JIM BEHAN 11/13/2007 11/14/2007 WW GRAINGER 971 $666.16 JIM BEHAN 11/13/2007 11/15/2007 DAVIS LOCK & SAFE $92.34 JIM BEHAN 11/15/2007 11/16/2007 MUSKA LIGHTING CENTER $408.12 JIM BEHAN 11/15/2007 11/16/2007 MUSKA LIGHTING CENTER $1,259.02 JIM BEHAN 11/15/2007 11/16/2007 MUSKA LIGHTING CENTER $622.58 JIM BEHAN 11/15/2007 11/16/2007 MUSKA LIGHTING CENTER $60.00 JIM BEHAN 11/19/2007 11/19/2007 SPRINT *WIRELESS SVCS $45.73 JIM BEHAN 11/12/2007 11/13/2007 OFFICE DEPOT #1090 $22.29 CHAD BERGO 11/15/2007 11/16/2007 PETSMART 00004614 $31.95 NEIL BRENEMAN 11/21/2007 11/23/2007 SPRINT AQUATICS $90.65 NEIL BRENEMAN 11/12/2007 11/14/2007 SPECIALIZED ARMAMENT $179.33 DAN BUSACK 11/19/2007 11/20/2007 SAFETYGLASSESUSA.COM $86.85 DAN BUSACK 11/20/2007 11/21/2007 TASER INTERNATIONAL $42.77 DAN BUSACK 11/09/2007 11/12/2007 VIKING ELEC- CREDIT DEPT. $176.19 SCOTT CHRISTENSON 11/12/2007 11/13/2007 WW GRAINGER 497 $374.18 SCOTT CHRISTENSON 11/13/2007 11/15/2007 THE HOME DEPOT 2801 $34.75 SCOTT CHRISTENSON 11/14/2007 11/16/2007 THE HOME DEPOT 2810 $24.92 SCOTT CHRISTENSON 11/15/2007 11/19/2007 VIKING ELEC- CREDIT DEPT. {$112.65} SCOTT 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11/19/2007 11/20/2007 A & M BUSINESS INTERIORS $1,275.00 LARRY FARR 11/19/2007 11/20/2007 A & M BUSINESS INTERIORS $1,725.00 LARRY FARR 11/19/2007 11/21/2007 THE HOME DEPOT 2801 $119.45 LARRY FARR 11/20/2007 11/21/2007 11/21/2007 11/13/2007 11/14/2007 11/15/2007 11/15/2007 11/20/2007 11/21/2007 11/08/2007 11/08/2007 11/09/2007 11/09/2007 11/09/2007 11/11/2007 11/13/2007 11/14/2007 11/16/2007 11/17/2007 11/19/2007 11/08/2007 11/09/2007 11/09/2007 11/13/2007 11/16/2007 11/20/2007 11/20/2007 11/22/2007 11/09/2007 11/10/2007 11/08/2007 11/15/2007 11/19/2007 11/20/2007 11/10/2007 11/10/2007 11/14/2007 11/13/2007 11/14/2007 11/14/2007 11/14/2007 11/14/2007 11/12/2007 11/16/2007 11/17/2007 11/19/2007 11/19/2007 11/22/2007 11/21/2007 11/21/2007 11/19/2007 11/21/2007 TRUGREEN CHEMLAWN 11/23/2007 ADVANCED GRAPHIC SYSTEMS 11/23/2007 SCHERER BROS LUMBER NEW I 11/15/2007 OFFICE DEPOT #1090 11/15/2007 DATA BUSINESS SYSTEMS INC 11/19/2007 OFFICE DEPOT #1090 11/19/2007 OFFICE DEPOT #1090 11/21/2007 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11/16/2007 WW GRAINGER 497 11/16/2007 WW GRAINGER 497 11/14/2007 CUSTOMER SUPT CENTER 11/19/2007 SUPREME AUDIO INC 11/19/2007 WALGREENS #2936 Q03 11/20/2007 SUPREME AUDIO INC 11/21/2007 ARAMARK REF SVS #6013- 11/23/2007 COMCAST CABLE COMM 11/23/2007 MOGREN LANDSCAPE SUPPLY 1 11/23/2007 LESCO SC 0530 11/21/2007 AMERICAN RED CROS01 OF 01 $792.36 $303.54 $4,203.00 $24.28 $295.27 $17.56 $66.24 $74.47 $92.76 $1,320.00 $818.90 $395.00 $66.45 $79.99 $68.00 $59.95 $410.00 $865.00 $54.00 $895.67 LARRY FARR LARRY FARR LARRY FARR KAREN FORMANEK KAREN FORMANEK KAREN FORMANEK KAREN FORMANEK KAREN FORMANEK KAREN FORMANEK MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS MYCHAL FOWLDS $1,346.36 NICK FRANZEN $4,015.82 NICK FRANZEN $63.18 NICK FRANZEN $882.90 NICK FRANZEN $73.27 NICK FRANZEN $1,050.71 NICK FRANZEN $623.03 NICK FRANZEN $2,554.93 NICK FRANZEN $459.55 PATRICIA FRY ($98.79) CLARENCE GERVAIS $38.60 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11/16/2007 11/19/2007 11/21/2007 11/08/2007 11/16/2007 11/09/2007 11/14/2007 11/19/2007 11/13/2007 11/14/2007 11/15/2007 11/09/2007 11/09/2007 11/23/2007 METALDETECTORS.COM 11/23/2007 LABSAFE *1010568037 11/12/2007 TRI -ANIM HEALTH SERVICES 11/12/2007 TRI -ANIM HEALTH SERVICES 11/15/2007 TRI -ANIM HEALTH SERVICES 11/19/2007 TRI -ANIM HEALTH SERVICES 11/12/2007 KATH AUTO PARTS NSP 11/12/2007 KATH AUTO PARTS NSP 11/12/2007 TRUCK UTILITIES INC 11/12/2007 KREMER SPRING ALIGNMENT & 11/14/2007 BAUER BOLT TRE33200023 11/15/2007 KREMER SPRING ALIGNMENT & 11/15/2007 BAUER BOLT TRE33200023 11/15/2007 KREMER SPRING ALIGNMENT & 11/16/2007 KATH AUTO PARTS LC 11/16/2007 TOUSLEY FORD 127200039 11/19/2007 TURF WERKS EGAN 11/19/2007 TURF WERKS EGAN 11/19/2007 TURF WERKS EGAN 11/21/2007 KATH AUTO PARTS NSP 11/23/2007 KATH AUTO PARTS NSP 11/23/2007 KATH AUTO PARTS NSP 11/23/2007 PUMP AND METER SERVI 11/23/2007 KATH AUTO PARTS NSP 11/12/2007 SHRED -IT 01 OF 01 11/13/2007 COMCAST CABLE COMM 11/15/2007 HEALTHEAST TRANSPORTATN 11/21/2007 UNIFORMS UNLIMITED INC 11/12/2007 PIONEER PRESS ADVERTISIN 11/19/2007 DALCO ENTERPRISES, INC 11/20/2007 HILLYARD INC MINNEAPOLIS 11/21/2007 HILLYARD INC MINNEAPOLIS 11/23/2007 HILLYARD INC MINNEAPOLIS 11/23/2007 HILLYARD INC MINNEAPOLIS 11/23/2007 HILLYARD INC MINNEAPOLIS 11/23/2007 HILLYARD INC MINNEAPOLIS 11/13/2007 MICHAELS #9401 11/19/2007 STU *STUMPS 11/19/2007 MAPLEWOOD PARKS AND RECF 11/20/2007 STU *STUMPS 11/23/2007 CUB FOODS, INC. 11/12/2007 THE HOME DEPOT 2801 11/21/2007 OVERHEAD DOOR OF NORTH 11/12/2007 SAINT PAUL AREA CHAMBER 11/16/2007 RAINBOW FOODS 00088617 11/20/2007 JIMMY JOHN'S 574 Q61 11/14/2007 MENARDS 3022 11/15/2007 MENARDS 3022 11/16/2007 MENARDS 3022 11/12/2007 SHOCK CITY CELLULAR 11/12/2007 SHOCK CITY CELLULAR $215.08 PHILIP F POWELL $183.60 PHILIP F POWELL $66.37 ROBERT PRECHTEL $73.82 ROBERT PRECHTEL $1,280.56 ROBERT PRECHTEL $81.00 ROBERT PRECHTEL $124.89 STEVEN PRIEM $43.20 STEVEN PRIEM $104.66 STEVEN PRIEM $209.14 STEVEN PRIEM $67.33 STEVEN PRIEM {$209.14} STEVEN PRIEM $597.49 STEVEN PRIEM $209.14 STEVEN PRIEM $19.92 STEVEN PRIEM $38.30 STEVEN PRIEM ($151.61) STEVEN PRIEM $138.75 STEVEN PRIEM $231.44 STEVEN PRIEM $49.10 STEVEN PRIEM $7.39 STEVEN PRIEM $5.12 STEVEN PRIEM $592.64 STEVEN PRIEM $12.67 STEVEN PRIEM $49.95 KEVIN RABBETT $34.00 KEVIN RABBETT $306.28 KEVIN RABBETT $89.76 KEVIN RABBETT $1,441.66 TERRIE RAMEAUX $107.57 MICHAEL REILLY ($2,717.60) MICHAEL REILLY $2,717.60 MICHAEL REILLY $1,358.80 MICHAEL REILLY $1,358.80 MICHAEL REILLY $0.96 MICHAEL REILLY $1,517.37 MICHAEL REILLY $6.42 AUDRA ROBBINS $45.53 AUDRA ROBBINS $7.50 AUDRA ROBBINS $219.75 AUDRA ROBBINS $10.57 AUDRA ROBBINS $196.95 ROBERT RUNNING $18.11 ROBERT RUNNING $25.00 HARRIET J RYDEL $16.93 HARRIET J RYDEL $54.21 HARRIET J RYDEL $180.29 JAMES SCHINDELDECKER $8.73 JAMES SCHINDELDECKER $13.79 JAMES SCHINDELDECKER ($31.94) DEB SCHMIDT $31.94 DEB SCHMIDT 11/12/2007 11/14/2007 CURTIS 1000 $106.03 DEB SCHMIDT 11/13/2007 11/15/2007 CURTIS 1000 $42.35 DEB SCHMIDT 11/16/2007 11/19/2007 VZWRLSS *MW M7228 -01 $53.24 DEB SCHMIDT 11/20/2007 11/23/2007 OFFICE DEPOT #1090 $57.50 DEB SCHMIDT 11/21/2007 11/23/2007 OFFICE DEPOT #1090 $67.08 DEB SCHMIDT 11/16/2007 11/19/2007 ADVANCED GRAPHIC SYSTEMS $125.68 ANDREA SINDT 11/20/2007 11/21/2007 T- MOBILE IVR PAYMENT $74.05 ANDREA SINDT 11/20/2007 11/23/2007 RAPID PACKAGING $154.35 ANDREA SINDT 11/08/2007 11/12/2007 INNOVATIVE COLOR PRINTING $84.60 PAULINE STAPLES 11/13/2007 11/14/2007 LISPS 2663650015 $41.00 PAULINE STAPLES 11/14/2007 11/16/2007 INNOVATIVE COLOR PRINTING $84.60 PAULINE STAPLES 11/15/2007 11/16/2007 SPARTAN PROMOTIONAL GRP $798.88 PAULINE STAPLES 11/15/2007 11/16/2007 YELLOW BOOK USA $98.00 PAULINE STAPLES 11/19/2007 11/21/2007 OFFICE MAX $48.63 PAULINE STAPLES 11/16/2007 11/19/2007 HENRIKSEN ACE HARDWARE $19.16 SCOTT STEFFEN 11/13/2007 11/14/2007 S & T OFFICE PRODUCTS $37.00 JOANNE M SVENDSEN 11/15/2007 11/16/2007 DE LAGS LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 11/19/2007 11/20/2007 CUB FOODS, INC. $38.27 JOANNE M SVENDSEN 11/12/2007 11/13/2007 MENARDS 3128 $54.24 JAMES TAYLOR 11/16/2007 11/19/2007 TARGET 00021352 $31.94 JAMES TAYLOR 11/16/2007 11/19/2007 JOANN ETC #1970 $6.38 DAVID J THOMALLA 11/20/2007 11/21/2007 INT'L ASSN OF CH101 OF 01 $120.00 DAVID J THOMALLA 11/20/2007 11/21/2007 U OF M CCE $250.00 MICHAEL THOMPSON 11/13/2007 11/14/2007 TARGET 00006197 $13.20 SUSAN ZWIEG 11/19/2007 11/21/2007 ANCOM TECHNICAL CENTER IN $325.43 SUSAN ZWIEG Total $62,675.72 Check Register City of Maplewood 11/30/2007 Check Date Vendor Description Amount 74208 11/2912007 00001 ONE TIME VENDOR T BIRKHOLZ WAGES FOR 11/30 151.55 74209 12/04/2007 00111 ANIMAL CONTROL PATROL & BOARDING FEE 11/12 -11/23 1,011.91 74210 12/04/2007 00131 ASPEN EQUIPMENT CO PLOW BLADE 4,779.72 74211 12/04/2007 00687 HUGO'S TREE CARE INC REMOVE TREE & TRIMMING 1,597.50 12/0412007 00687 HUGO'S TREE CARE INC PROJ 05 -16 TREE TRIMMING 1,597.50 12/04/2007 00687 HUGO'S TREE CARE INC PROD 05 -16 TREE TRIMMING 639.00 12/04/2007 00687 HUGO'S TREE CARE INC REMOVE TREE & STUMP 445.17 12/04/2007 00687 HUGO'S TREE CARE INC REMOVE TREE & STUMP 193.83 12/04/2007 00687 HUGO'S TREE CARE INC BLVD TREE TRIMMING 106.50 74212 12/0412007 02728 KIMLEY -HORN & PROJ 04 -21 PROF SRVS THRU 10/31 14,662.45 12/04/2007 02728 KIMLEY -HORN & PROJ 02 -21 PROF SRVS THRU 10/31 3,221.04 74213 12/04/2007 01819 MCLEOD USA LOCAL PHONE SERVICE 10/16 -11/15 1,510.43 74214 12/0412007 01337 RAMSEY COUNTY -PROP MULCH FOR RAINGARDEN PLANTINGS 186.38 12/04/2007 01337 RAMSEY COUNTY -PROP MULCH FOR CAMPUS 127.80 74215 12/04/2007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 19,919.05 12/04/2007 01190 XCEL ENERGY ELECTRIC UTILITY 1,128.81 74216 12/0412007 01798 YOCUM OIL CO. UNLEADED MID -GRADE (89 OCTANE) 18,221.00 74217 11/30/2007 03995 RECEPTION JAZZ BAND FOR 50TH ANNIV EVENT 1,000.00 74218 12/04/2007 00102 CAROLS ANDERSON REIMB FOR RAINBOW FOOD GIFT 1,395.00 74219 12/04/2007 03513 BRIAN BIERDEMAN K -9 MAINTENANCE - DEC 35.00 74220 12/0412007 00211 BRAUN INTERTEC CORP. PROJ 06 -16 PROF SRVS THRU 917 4,421.50 12/04/2007 00211 BRAUN INTERTEC CORP. PROD 06 -16 PROF SRVS THRU 11/2 2,013.25 74221 12/04/2007 03514 BRAUN PUMP & CONTROLS WASHERS, FIBER 50.39 74222 12/04/2007 03994 CHAMPPS SPORTS CAFES LUNCH FOR KURT PARSONS FUNERAL 225.00 74223 12/04/2007 02929 CNAGLAC MONTHLY PREMIUM - DECEMBER 601.48 74224 12/0412007 00309 COMMISSIONER OF PROJ 06 -17 ENG/TESTING & TRAFFIC 33,204.12 12/04/2007 00309 COMMISSIONER OF PROJ 06 -17 ENG/TESTING & TRAFFIC 2,940.31 74225 12/04/2007 00103 EARL F ANDERSON INC PLAYGROUND EQUIP LEGACY VILLAGE 19,127.00 74226 12/0412007 00003 ESCROW REFUND ESCROW REL A ZACHO 2689 MIDVALE 500.00 74227 12/04/2007 00506 FIRE EQUIPMENT FIRE EQUIP SUPPLIES 324.56 74228 12/04/2007 00487 FRATTALONE COMPANIES PROD 02 -07 CO RD D FINAL PMT 14,308.20 74229 12/04/2007 03516 ANTHONY GABRIEL EDUCATIONAL REIMB 914 - 10/27 517.50 12/0412007 03516 ANTHONY GABRIEL K -9 MAINTENANCE - DEC 35.00 74230 12/04/2007 00589 DAVE GRAF KARATE INSTRUCTOR 11/6 - 11/27 87.75 74231 12/04/2007 02945 HEALTHEAST VEHICLE VEHICLE CONVERSION 4,329.55 74232 12/04/2007 00483 IDEACOM MID- AMERICA PHONE MOVES COMM DEV /PHONE AT 756.68 74233 12/0412007 03996 INVISIBLE FENCE PROJ 07 -01 REPLACE INVISIBLE FENCE 195.50 74234 12/04/2007 03729 KNAAK & KANTRUD PA PROSECUTION & LEGAL SERVICES - 16,500.00 74235 12/04/2007 03502 KOEHNEN ELECTRIC INC TROUBLE SHOOT LIFT STATION 754.00 74236 12/04/2007 00857 LEAGUE OF MINNESOTA REGISTRATION FEE 225.00 12/04/2007 00857 LEAGUE OF MINNESOTA TRAINING FEE 85.00 74237 12/04/2007 00915 M W O A MEMBER DUES 25.00 74238 12/04/2007 03818 MEDICA MONTHLY PREMIUN - DECEMBER 134,128.00 74239 12/0412007 03967 MENDOTA HOMES INC. ESCROW RELEASE 2000 CO RD D 7,050.90 74240 12/04/2007 01126 MN NCPERS LIFE PERA LIFE INSURANCE - DECEMBER 316.00 74241 12/04/2007 03785 NORTHDALE PROJ 07 -08 POND OVERLOOK 93,955.80 74242 12/04/2007 01192 NORTHERN WATER MULTI -GAS CYLINDER 418.01 74243 12/0412007 00001 ONE TIME VENDOR REFUND T LACROIX - AMB 04008330 920.01 74244 12/04/2007 00001 ONE TIME VENDOR REIMS J GUSTAFSON - DRIVEWAY 414.58 74245 12/04/2007 00001 ONE TIME VENDOR REFUND B OIE CANCELLED RECEPTION 300.00 74246 12/04/2007 00001 ONE TIME VENDOR REFUND P HAAG - HEALTHPARTNER 20.00 74247 12/04/2007 00001 ONE TIME VENDOR REFUND H HOLTER - UCARE BENEFIT 20.00 74248 12/0412007 02270 PALDA & SONS INC PROJ 07 -01 BROOKVIEW AREA PART 520,643.97 74249 12/04/2007 01941 PATRICK TROPHIES MEDALS FOR INTRO TO BASKETBALL 276.90 74250 12/04/2007 01678 QWEST AMA CHARGE CN 07005304/07019282 450.00 74251 12/0412007 01678 QWEST AMA CHARGE CN 07005304/07019282 150.00 74252 12/04/2007 01387 DR. JAMES ROSSINI FITNESS PROGRAM ADMIN FEE - NOV 100.00 74253 12/04/2007 01409 S.E.H. PROD 07 -01 PROF SRVS - OCT 41,740.49 12/04/2007 01409 S.E.H. PROJ 07 -14 PROF SRVS - OCT 31,778.59 1210412007 01409 S.E.H. PROD 06 -05 PROF SRVS - OCT 9,220.73 12/04/2007 01409 S.E.H. PROD 04 -21 PROF SRVS - OCT 7,660.87 12/04/2007 01409 S.E.H. PROJ 06 -02 PROF SRVS - OCT 6,797.54 12/04/2007 01409 S.E.H. PROJ 07 -08 PROF SRVS - OCT 2,251.19 12/0412007 01409 S.E.H. PROJ 03 -20 PROF SRVS - OCT 1,297.17 12/04/2007 01409 S.E.H. PROD 02 -07 PROF SRVS - OCT 774.68 12/04/2007 01409 S.E.H. PROD 06 -17 PROF SRVS - OCT 334.29 12/04/2007 01409 S.E.H. PROJ 04 -05 PROF SRVS - OCT 220.50 74254 12104/2007 01418 SAM'S CLUB DIRECT SUPPLIES CARVER /CONCESSIONS 532.31 12/0412007 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 271.21 12/04/2007 01418 SAM'S CLUB DIRECT HALLOWEEN /50TH CELEBRATION 237.33 12/04/2007 01418 SAM'S CLUB DIRECT SUPPLIES FOR EDGERTON & CARVER 131.79 12/0412007 01418 SAM'S CLUB DIRECT SUPPLIES FOR EDGERTON & CARVER 109.94 12/04/2007 01418 SAM'S CLUB DIRECT CONCESSIONS & BIRTHDAY PROG 75.15 12/04/2007 01418 SAM'S CLUB DIRECT BIRTHDAY & PRESCHOOL PROD 63.61 12/04/2007 01418 SAM'S CLUB DIRECT BIRTHDAY & CHILDCARE PROG 54.25 1210412007 01418 SAM'S CLUB DIRECT BIRTHDAY PROGRAM SUPPLIES 45.47 12/04/2007 01418 SAM'S CLUB DIRECT BIRTHDAY PROGRAM SUPPLIES 39.46 12/04/2007 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 17.02 74255 12/04/2007 00198 ST PAUL REGIONAL WATER UTILITY 874.00 74256 12/0412007 01527 SCOTT STEFFEN REIMB FOR SHOES 11129 39.99 74257 12/04/2007 01538 STREICHER'S HANDGUNS WITH NIGHT SIGHTS 1,864.24 12/04/2007 01538 STREICHER'S TRAINING PISTOLS FOR FORCE PROG 980.75 12/04/2007 01538 STREICHER'S TRAINING KITS 607.91 74258 12/04/2007 01578 T R F SUPPLY CO. SPRAY CLEANER CLAIRE 387.66 12/0412007 01578 T R F SUPPLY CO. LEATHER SAFETY GLOVES 354.00 74259 12/04/2007 01574 T.A. SCHIFSKY & SONS, VARIOUS BITUMINOUS MATERIALS 428.89 74260 12/04/2007 03598 PAUL THEISEN UNIFORMS 10/24 - 11/09 197.95 74261 12/0412007 02464 US BANK FUNDS FOR ATM 8,000.00 74262 12/04/2007 03948 AARON WULFF BALLROOM DANCE INSTRUCTOR 729.60 1,050,439.18 55 Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 11/21/2007 11/26/2007 Mon MN State Treasurer Drivers License /Deputy Registrar 17,033.50 11/21/2007 11/26/2007 MN Dept of Natural Resources DNR electronic licenses 48.00 11/26/2007 11/27/2007 Tue MN State Treasurer Drivers License /Deputy Registrar 13,701.34 11/27/2007 11/28/2007 Wed MN State Treasurer Drivers License /Deputy Registrar 13,325.18 11/27/2007 11/28/2007 MN Dept of Revenue Fuel Tax 25.00 11/28/2007 11/29/2007 Thu MN State Treasurer Drivers License /Deputy Registrar 0.00 11/28/2007 11/29/2007 US Bank VISA One Card'" Purchasing card items 62,774.51 TOTAL 106,907.53 Detailed listing of Visa Purchases is attached CITY OF MAPLEWWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK CHECK EMPLO AMOUNT 11130107 CAVE, REBECCA 397.80 11130/07 HJELLE, ERIK 397.80 11130/07 JUENEMANN, 397.80 11130/07 ROSSBACH, WILLIAM 397.80 11130/07 COPELAND, EUGENE 3,090.00 11130/07 RYDEL, HARRIET 1,708.10 11130/07 CHRISTENSON, SCOTT 1,690.15 11130/07 FARR, LARRY 2,282.48 11130/07 ARNOLD, AJLA 896.00 11130/07 RAMEAUX, THERESE 2,67097 11130/07 FORMANEK, KAREN 1,497.67 11130/07 MITTET, ROBERT 3,366.86 11130/07 ANDERSON, CAROLS 1,780.08 11130/07 DEBILZAN, JUDY 1,146.70 11130/07 JACKSON, MARY 2,078.59 11130/07 KELSEY, CONNIE 2,49033 11130/07 FRY, PATRICIA 1,881.56 11130/07 GUILFOILE, KAREN 3,366.86 11130/07 KROLL, LISA 1,628.69 11130/07 MORSON, JOHN 396.75 11130/07 SCHMIDT, DEBORAH 2,047.64 11130/07 SPANGLER, EDNA 786.69 11130/07 CORTESI, LUANNE 960.66 11130/07 JAGOE, CAROL 1,728.46 11130/07 KELLY, LISA 1,21535 11130/07 LARSON, MICHELLE 874.35 11130/07 MECHELKE, SHERRIE 1,097.57 11130/07 MOY, PAMELA 1,097.58 11130/07 OSTER, ANDREA 1,839.19 11130/07 WEAVER, KRISTINE 1,89336 11130/07 CORCORAN, THERESA 1,726.15 11130/07 DOLLERSCHELL, 3,366.86 11/30/07 POWELL, PHILIP 2,589,83 11/30/07 RICHIE, CAROLE 1,733,08 11/30/07 THOMALLA, DAVID 4,429,00 11/30/07 ABEL, CLINT 2,811,03 11/30/07 ALDRIDGE, MARK 3,233,77 11/30/07 BAKKE, LONN 2,553,60 11/30/07 BARTZ, PAUL 3,054,44 11/30/07 BELDE, STANLEY 2,759,02 11/30/07 BENJAMIN, MARKESE 1,713,94 11/30/07 BIERDEMAN, BRIAN 2,848,96 11/30/07 BOHL, JOHN 3,210,10 11/30/07 BUSACK, DANIEL 3,216,51 11/30/07 COFFEY, KEVIN 2,902,41 11/30/07 GROTTY, KERRY 3,213,51 11/30/07 DARVELL, LISA 1,725,48 11/30/07 DEMULLING, JOSEPH 1,725,48 11/30/07 DOBLAR, RICHARD 3,511,58 11/30/07 FRITZE, DEREK 2,274,34 11/30/07 GABRIEL, ANTHONY 2,993,48 11/30/07 HAWKINSON JR, 2,297,73 11/30/07 HEINZ, STEPHEN 3,307,72 11/30/07 HIEBERT, STEVEN 3,178,70 11/30/07 JOHNSON, KEVIN 5,003,62 11/30/07 KALKA, THOMAS 739.88 11/30/07 KAKIS, FLINT 5,616,86 11/30/07 KONG, TOMMY 2,662,69 11/30/07 KROLL, BRETT 2,772,65 11/30/07 KVAM, DAVID 3,523,42 11/30/07 LANGNER, TODD 2,864,32 11/30/07 LARSON, DANIEL 2,959,53 11/30/07 LINTNER, HOLLY 1,209,32 11/30/07 LU, JOHNNIE 2,917,34 11/30/07 MARINO, JASON 2,795,50 11/30/07 MARTIN, JERROLD 2,624,59 11/30/07 MCCARTY, GLEN 3,143,46 11/30/07 METRY, ALESIA 4,120,51 11/30/07 NYE, MICHAEL 3,141,67 11/30/07 OLSON, JULIE 2,530,52 11/30/07 PALMA, STEVEN 2,981,54 11/30/07 RABBETT, KEVIN 3,587,70 11/30/07 RHUDE, MATTHEW 2,754,52 11/30/07 STEFFEN, SCOTT 4,501,04 11/30/07 STEINER, JOSEPH 2,778,36 11/30/07 SYPNIEWSKI, WILLIAM 2,544,88 11/30/07 SZCZEPANSKI, 3,008,44 11/30/07 IRAN, JOSEPH 3,313,62 11/30/07 WENZEL, JAY 2,825,22 11/30/07 XIONG, KAO 2,879,33 11/30/07 BERGERON, JOSEPH 3,625,07 11/30/07 DUGAS, MICHAEL 4,033,56 11/30/07 ERICKSON, VIRGINIA 2,719,23 11/30/07 FLOR, TIMOTHY 3,427,90 11/30/07 FRASER, JOHN 3,205,38 11/30/07 LANGNER, SCOTT 2,624,59 11/30/07 THEISEN, PAUL 2,769,20 11/30/07 THIENES, PAUL 4,438,79 11/30/07 BARTA, JEREMY 3,397,52 11/30/07 CRISTOFONO, BRIAN 2,755,33 11/30/07 DAWSON, RICHARD 3,567,57 11/30/07 EVERSON, PAUL 4,299,45 11/30/07 HALWEG, JODI 3,307,33 11/30/07 JOHNSON, DOUGLAS 3,780,83 11/30/07 MONDOR, MICHAEL 2,644,61 11/30/07 NOVAK, JEROME 3,370,87 11/30/07 OLSON, JAMES 3,547,37 11/30/07 PARSONS, KURT 10,481,58 11/30/07 PETERSON, ROBERT 3,726,53 11/30/07 PRECHTEL, ROBERT 3,146,15 11/30/07 REZNY, BRADLEY 384.00 11/30/07 SVENDSEN, RONALD 5,075,44 11/30/07 GERVAIS -JR, 3,146,15 11/30/07 LUKIN, STEVEN 4,016,18 11/30/07 ZurIEG, SUSAN 2,105,06 11/30/07 AHL, R. CHARLES 4,500,69 11/30/07 KNUTSON, LOIS 1,695,75 11/30/07 KONEWKO, DUWAYNE 3,059,51 11/30/07 NIVEN, AMY 1,294,62 11/30/07 PRIEFER, WILLIAM 2,601,26 11/30/07 BRINK, TROY 1,908,15 11/30/07 DEBILZAN, THOMAS 1,948,55 11/30/07 EDGE, DOUGLAS 1,948,55 11/30/07 FREBERG, RONALD 1,988,28 11/30/07 JONES, DONALD 2,210,13 11/30/07 MEYER, GERALD 2,027,39 11/30/07 NAGEL, BRYAN 2,486,01 11/30/07 OSWALD, ERICK 2,310,03 11/30/07 RUNNING, ROBERT 1,999,75 11/30/07 TEVLIN, TODD 1,911,75 11/30/07 BURLINGAME, 1,585,35 11/30/07 DUCHARME, JOHN 2,486,06 11/30/07 ENGSTROM, ANDREW 1,953,35 11/30/07 GAYNOR, VIRGINIA 2,121,35 11/30/07 JACOBSON, SCOTT 1,953,35 11/30/07 JAROSCH, JONATHAN 2,191,75 11/30/07 KREGER, JASON 2,125,35 11/30/07 KUMMER, STEVEN 2,524,55 11/30/07 LABEREE, ERIN 2,882,35 11/30/07 LINDBLOM, RANDAL 2,508,93 11/30/07 O'CONNOR, DONOVAN 97.60 11/30/07 SCHREMPP, ANTHONY 10184 11/30/07 THOMPSON, MICHAEL 2,524,55 11/30/07 WACHAL, KAREN 915A5 11/30/07 ZIEMAN, SCOTT 270.60 11/30/07 MARUSKA, MARK 2,912,84 11/30/07 NAUGHTON, JOHN 1,919,75 11/30/07 SCHINDELDECKER, 1,950,86 11/30/07 BIESANZ, OAKLEY 1,567,71 11/30/07 DEAVER, CHARLES 635A9 11/30/07 GERNES, CAROLE 277.50 11/30/07 HAYMAN, JANET 1,162,21 11/30/07 HUTCHINSON, ANN 2,400,32 11/30/07 EKSTRAND, THOMAS 3,495,41 11/30/07 LIVINGSTON, JOYCE 1,122,46 11/30/07 SINDT, ANDREA 1,830,95 11/30/07 THOMPSON, DEBRA 54146 11/30/07 YOUNG, TAMELA 1,693,35 11/30/07 FINWALL, SHANN 2,646,23 11/30/07 ROBERTS, KENNETH 2,676,54 11/30/07 BRASH, JASON 1,666,95 11/30/07 CARVER, NICHOLAS 2,939,21 11/30/07 FISHER, DAVID 3,823,36 11/30/07 RICE, MICHAEL 2,278,95 11/30/07 SWAN, DAVID 2,346,15 11/30/07 WELLENS, MOLLY 1,343,53 11/30/07 SAMUELSON, MICHAEL 2,090,18 11/30/07 BERGER, STEPHANIE 33113 11/30/07 OHLHAUSER, MEGHAN 787.50 11/30/07 ROBBINS, AUDRA 2,369,00 11/30/07 SHERRILL, CAITLIN 451.88 11/30/07 TAUBMAN, DOUGLAS 3,024,90 11/30/07 TAYLOR, JAMES 1,856,47 11/30/07 GERMAIN, DAVID 1,957,79 11/30/07 NORDQUIST, RICHARD 1,948,55 11/30/07 SCHULTZ, SCOTT 2,257,85 11/30/07 ANDERSON, ANTHONY 8100 11/30/07 ANZALDI, MANDY 1,888,21 11/30/07 BERGLUND, DANIEL 276.50 11/30/07 BRENEMAN, NEIL 1,609,27 11/30/07 CRAWFORD - JR, 54150 11/30/07 EVANS, CHRISTINE 837.99 11/30/07 FABIO- SHANLEY, 105.00 11/30/07 GROPPOLI, LINDA 43113 11/30/07 HER, CHONG 316.00 11/30/07 HOFMEISTER, MARY 815.88 11/30/07 PELOQUIN, PENNYE 649.83 11/30/07 SCHOENECKER, LEIGH 260.00 11/30/07 STAPLES, PAULINE 3,028,20 11/30/07 SWINTEK- MOORE, 1,320,32 11/30/07 VANG, TIM 430.00 11/30/07 BIGGS, ANNETTE 6100 11/30/07 BRUSOE, AMY 10638 11/30/07 BRUSOE, CRISTINA 249.53 11/30/07 DUNN, RYAN 759.95 11/30/07 ERICKSON- CLARK, 47.50 11/30/07 FONTAINE, KIM 786.78 11/30/07 GIEL, NICOLE 86.00 11/30/07 GREDVIG, ANDERS 491.82 11/30/07 HASSENSTAB, DENISE 11L75 11/30/07 HORWATH, RONALD 2,336,05 11/30/07 JOHNSON, JAMES 8140 11/30/07 KRONHOLM, KATHRYN 708A4 11/30/07 KURZHAL, ALISON 58.50 11/30/07 LAMEYER, ZACHARY 13180 11/30/07 MATHEWS, LEAH 160.60 11/30/07 NELSON, MARCY 80.00 11/30/07 OVERBY, ANNA 20.00 11/30/07 PROESCH, ANDY 55622 11/30/07 RYAN, ERICA 1820 11/30/07 SCHAEFER, ANDREA 1188 11/30107 SCHREINER, MICHELLE 9828 11/30/07 SMITH, ANN 256.10 11/30/07 TAYLOR, JASON 50.63 11/30/07 THOMAS, MARY 22635 11/30/07 TUPY, HEIDE 171.60 11/30/07 TUPY, MARCUS 255.58 11/30/07 WOLFGRAM, MARY 41.44 11/30/07 WOLFGRAM, TERESA 3038 11/30/07 DELACROIX, RYAN 8125 11/30/07 GIERNET, ASHLEY 48.00 11/30/07 HER, SHILLAME 65.00 11/30/07 HOLMGREN, 15038 11/30/07 BEHAN, JAMES 1,788,62 11/30/07 PATTERSON, ALBERT 1,460,42 11/30/07 PRINS, KELLY 1,108,62 11/30/07 REILLY, MICHAEL 2,013,11 11/30/07 YANG, HUE 178.80 11/30/07 YANG, MIKE 29100 11/30/07 AICHELE, CRAIG 2,005,99 11/30/07 PRIEM, STEVEN 2,191,75 11/30/07 WOEHRLE, MATTHEW 1,814,15 11/30/07 BERGO, CHAD 2,355,82 11/30/07 FOWLDS, MYCHAL 2,561,82 11/30/07 FRANZEN, NICHOLAS 1,910,34 74151 11/21/07 KOHUTH, JULIE 6100 1003847 11/30/07 LONGRIE, DIANA 45100 1003848 11/30/07 JAHN, DAVID 1,689,17 1003849 11/30/07 MORIN, TROY 85.00 1003849 11/30/07 MORIN, TROY 127.50 1003850 11/30/07 ANDERSON, VIVIAN 6100 1003851 11/30/07 CARBONE, JOYCE 81.00 1003 852 11/30/07 JEFFERSON, 27.00 1003853 11/30/07 LEO, ANN 76.50 1003854 11/30/07 LEO, PATRICIA 31.50 1003855 11/30/07 MAHRE, CAROL 117.00 1003856 11/30/07 TAYLOR, LORRAINE 4.50 1003857 11/30/07 WITSCHEN, DELORES 51.75 1003858 11/30/07 PALANK, MARY 1,728,46 1003859 11/30/07 SVENDSEN, JOANNE 1,927,18 1003860 11/30/07 SHORTREED, MICHAEL 3,268,81 1003861 11/30/07 WELCHLIN, CABOT 3,275,33 1003862 11/30/07 BUCKLEY, BRENT 1,610,15 1003863 11/30/07 EDSON, DAVID 1,989,36 1003864 11/30/07 HELEY, ROLAND 1,990,59 1003865 11/30/07 HINNENKAMP, GARY 1,962,59 1003866 11/30/07 LINDORFF, DENNIS 1,953,17 1003867 11/30/07 NOVAK, MICHAEL 1,948,55 1003868 11/30/07 SOUTTER, CHRISTINE 430.00 1003869 11/30/07 HALL, KATHLEEN 180.00 1003870 11/30/07 ERICKSON, AMANDA 78.00 1003871 11/30/07 ERICKSON, AMY 78.00 1003872 11/30/07 GREER, ABIGAIL 5100 1003873 11/30/07 HELM, STACY 104.00 1003874 11/30/07 KOHLMAN, JENNIFER 345.63 1003875 11/30/07 LINDA, KELLIE 181.56 1003876 11/30/07 NYBERG, MICHELLE 130.00 1003877 11/30/07 RUMBLE, ANGELICA 427.00 1003878 11/30/07 WILSON, KALEN 117.00 1003879 11/30/07 HAAG, MARK 1,948,55 1003880 11/30/07 NADEAU, EDWARD 3,061,98 1003881 11/30/07 GLASS, JEAN 1,924,86 1003882 11/30/07 HANSEN, LORI 2,302,26 1003883 11/30/07 HER, PETER 21720 1003884 11/30/07 NAGEL, BROOKE 630.00 1003885 11/30/07 YANG, KAY 176.50 1003886 11/30/07 VUE, LOR PAO 34186 1003887 11/30/07 WERNER, ANGELA 220.00 1003888 11/30/07 BENJAMIN, AYLA 58.50 1003889 11/30/07 BOTTILA, ANN 58.50 1003890 11/30/07 BUCHMAYER, 36.00 1003891 11/30/07 CLARK, PAMELA 7140 1003892 11/30/07 DEMPSEY, BETH 7150 1003893 11/30/07 FENGER, JUSTIN 36.75 1003894 11/30/07 GRANT, MELISSA 326.94 1003895 11/30/07 GRUENHAGEN, LINDA 735.85 1003896 11/30/07 HAGSTROM, EMILY 58.50 1003897 11/30/07 HOLMBERG, LADONNA 255.00 1003898 11/30/07 JOYER, JENNA 7125 1003899 11/30/07 MCCANN, NATALIE 38.00 1003900 11/30/07 MCCARTHY, ERICA 16.88 1003901 11/30/07 MCLAURIN, 177.88 1003902 11/30/07 NWANOKWALE, 30114 1003903 11/30/07 PEHOSKI, JOEL 24.00 1003904 11/30/07 RICHTER, DANIEL 104.00 1003905 11/30/07 RICHTER, NANCY 1,476.63 1003906 11/30/07 ROGNESS, TRYGGVE 17113 1003907 11/30/07 ROSTRON, ROBERT 366.63 1003908 11/30/07 SAUCERMAN, 26837 1003909 11/30/07 SCHAEFER, JAMES 101.50 1003910 11/30/07 SCHAEFER, NATALIE 5100 1003911 11/30/07 SCHMIDT, JOHN 119.03 1003912 11/30/07 SCHUNEMAN, 930 1003913 11/30/07 SKUNES, KELLY 91.13 1003914 11/30/07 SMITLEY, SHARON 276.65 1003915 11/30/07 STAHNKE, AMY 13428 1003916 11/30/07 WARNER, CAROLYN 305.80 1003917 11/30/07 WEDES, CARYL 49.00 1003918 11/30/07 WHITE, NICOLE 3820 1003919 11/30/07 WICKNER, KRISTY 19.50 1003920 11/30/07 WOODMAN, ALICE 140.00 1003921 11/30/07 ZALK, IDA 41.10 1003922 11/30/07 BOSLEY, CAROL 277.40 1003923 11/30/07 DANIEL, BREANNA 118.75 1003924 11/30/07 OIE, REBECCA 48.00 1003925 11/30/07 PATTERSON, 200.00 1003926 11/30/07 SATTLER, CASSANDRA 6150 1003927 11/30/07 SATTLER, MELINDA 17105 1003928 11/30/07 TOLENTINO, LISA 678.13 1003929 11/30/07 ZAGER, LINNEA 95.00 1003930 11/30/07 BOWMAN, MATTHEW 217.00 1003931 11/30/07 DOUGLASS, TOM 1,468.92 1003932 11/30/07 GADOW, ANNA 37.80 1003933 11/30/07 MURRAY, BRENDON 33825 1003934 11/30/07 SCHULZE, KEVIN 20100 Total 489,444.82 Agenda Item 12 TO: City Manager, Greg Copeland FROM: I - [Director, MkyCh@l FOVVdB SUBJECT: Authorization to purchase Microsoft licenses DATE: December 3, 2007 Introduction Every computer that uses our network for any kind of communication requires Microsoft licenses. This purchase istV bring US into compliance with our current usage. Background Up until 8 month ago we were 8nn}||8d in a Microsoft Enterprise Agn]8nn8nt that covered all of our licensing needs keeping VGcompliant. Due io the fact that vv8 cancelled that agreement after the 3 rd year ofS0year agreement vv8 are entitled tO5O%Of the licenses that vv8 had through that agreement. For example, vvR had 180 Windows device access licenses under the Enterprise Agreement sovv8 are now entitled bJ0Oo[ those. By exiting out of the Enterprise Agreement we are able to have CVmo|et8 control of our licensing structure which will save the City a substantial amount of money today and in the future. For example, not all users nR8U Microsoft Office Professional. By having the flexibility ho pUroh@S8 Microsoft [)ffiD8 Standard instead we save 8 little over $4,000. As stated earlier, this purchase will bring us into compliance with our current software usage. Bud-get Impact The purchase of approximately $34,000 has been planned for and will be funded from the 2007 IT Fund. Recommendation It is neo0[nnnend8d that authorization be given to purchase the Microsoft |iC8nSeS off 0fthe State contract via S|||. Action Required Submit to City Council for review and approval. Attachments 1. SHI quote MRF Agenda Item 13 TO: City Manager, Greg Copeland FROM: I - [Director, MkyCh@l FOVVdB SUBJECT: Authorization to complete fiber optic ring throughout City Campus DATE: December 3, 2007 Introduction Currently we have City owned fiber optic cable connecting the MCC and Public Works buildings to City Hall and from there the rest Of the world. Creating a ring gives Us redundancy in the event that vv8 have trouble with any Ofthe fiber optic lines. Background AS stated above, currently vv8 the MCC and Public Works buildings are connected tV City Hall via fiber optic cables. This proposal includes having a line ran from the MCC to the Park Maintenance building and from the Park Maintenance building tothe Public Works building via County Road B effectively creating 8 loop 0f City owned fiber optic cable. Having 8 loop gives us redundancy in that if we have trouble with any segment of fiber optic cable traffic will b8 automatically rerouted the other way around the loop. Currently if anything happens tO either Ofthe lines running to the MCC Or Public VVOrka building there vvOU|d bR work stoppages. An added bonus to this is that the Park Maintenance building would now be connected to the City's network allowing employees there access to e-mail and all other programs housed at City Hall. Bud-get Impact The fiber optic installation cost of an estimated $18,000 has been planned for and will be funded from the 2OU7|TFund. Recommendation It is recommended that authorization be given to complete the fiber optic ring throughout City Campus. Action Required Submit to City Council for review and approval. Agenda Item 14 TO: City Manager FROM: Ken Roberts, Planner SUBJECT. Final Plat PROJECT Pond Overlook LOCATION: Furness Place, north Cf County Road [) DATE: November 27.2807 Doug Andrus is requesting that the city council approve the final plat for Pond Overlook. Mr. Andrus is the developer and builder for this project. This final plat will create 10 lots for town houses (for five double dvveUings\. This plat will b80n8 new cV|-d8'G8c (Furness Place) north Of County Road D between McKnight Road and White Bear Avenue. (See the maps on pages two - five.) BACKGROUND On June 25, 2007, the city council made several approvals for the Pond Overlook development. These included a zoning map change, a conditional use permit for 8 planned unit development, a preliminary plat and the project design plans. These approvals were subject to S9v8nB| conditions. (See the approved preliminary plat on page six and the city council minutes starting on page seven.) DISCUSSION The developer is progressing with the construction of the plat. The contractor has completed the rough grading of the site and has installed the pond and the pond landscaping, the utilities and the new street. The developer has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for Pond Overlook date-stamped November 16, 2007. This approval iS subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p: overlook final plat Attachments: 1. Location Map 2. Land Use Map 3. Address Map 4. Proposed Final Plat 5. Preliminary plat dated April 15.2007 S. June 25,20O7 City Council Minutes 7. Proposed Final Plat (Separate Attachment) N Attachment 1 w F 11 i l 'o F- z Y 'U WOODLYNN AVE :'I I I I I I I T 7 - J F Fr rh a� Land Use Map Pond avgrlook 2161 County Road D �t N WOODLYNN AVE Address Map Pond avirlook 2161 County Road D Attachment 4 GRAPHIC SCALE ,)G 16 60 r86 SCALE: 1 [NCH 00 FEET 71..1 1 1 12jUm .. F V Ci Etd.l3fe._co ... - Wn ?TH No. 404. PIPE 'tiL ~a7 M SOO'43'O7•W — 1318.51 -- - '-- -VA— 4.. NJ M C -.,.k. NO (P.K.) S69 °43'67 "W 298.00 +6i rE I y ( P.K. SOUTHEAST CORNER SEC. Nal (P.K.) 35, 730, R22 (FWHO M CAST IRON MONUMENT) M PROPOSED ED FINAL PLAT 0 N Attachment 8 PRELIMINARY PLAT 30 6 4 N Attachment 5 • GRAPHIC SCALE r �`� -- - - -- . 7�' 14G #WAY N}_ 644 scar-- _�•�x: {seas } ,,. � ,air. - - t l d a I Q r r f �! zaex n 7 1lrr r F 0.04 saes S - 8.9ei2 R+s. $ # ! # F' ✓ / r LW3 ■4. vv7 aar aces L t 11 ft 69f e�c�s I a, e r m uz aar,oi �iuX av�l� n} ty 4 $Sii M} lt j 3 p _ I gme 4 ft .... ar oaf exrs fI¢ VV 1 Rt i ♦ RW V 4 - � (re ae' 1 I g � J -I +! JJ i A t I I � I nat .er.. 1 as nerM g ! oac aQee w � ! , i I ur w � _ WAL" 8° -- :. C ©UI11TY RpAD D $ .r�a..e rnx�� a >r siireinnry.tlxg —----- 4 /5 /ZO97 929 .4M CDT --- - -- -------------------------------------------- - - - - -- -- PRELIMINARY PLAT 30 6 4 N MINUTES Attachment 6 MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 25, 2007 Council Chambers, City Hall Meeting No. 07-011 A. 141 A A CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:14 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present I I I AYA - .]I R11 I k I Pond Overlook Town Houses 2161 County Road D Zoning Map Change, Conditional Use Permit For Planned Unit Development, Preliminary Plat, Design Approval. a. Planner Ken Roberts, gave the report. b. Doug Andrus, Andrus Homes, 2440 Charles Street N., Ste 210, North St. Paul, Applicant, addressed the council. Mayor Longrie asked if anyone wanted to speak regarding this item. No individuals came forward. Councilmember Rossbach moved to approve the following resolution: ZONING MAP CHANGE RESOLUTION 07-06-104 WHEREAS, Doug Andrus, representing the developer and property buyer, applied for a change to the city's zoning map from F (farm residence) to R-2 (single and double dwellings). WHEREAS, this zoning map change applies to property on the north side of County Road D now known as 2161 County Road D East (PIN 35-30-22-44-0011.) WHEREAS, the legal description of the property is: The West 298 feet of the part lying Southerly of Highway 694 of SE % of SE % (subject to Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011). WHEREAS, the history of this change is as follows: On May 21, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. June 25, 2007, City Cpuncil Meeting 2. On June 25, 2007, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW THEREFORE, BE IT RESOLVED that the city council approve the above- descr ShonQeinthezOningnl8phJrthehd|ovvngreoSona: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure ord8Lra{t from the use Cfnei property Or from the character of the nei ondthattheuseofthepropehv adjacent k}the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logica efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and schools. 5. The prospective owner iS proposing to develop the property with double dwellings. The Maplewood City Council approved this resolution on June 25.20O7. Seconded bvCOUnCi|nlenlb8[Cave. Aves - A|| CoUnci|rnernbHrFlosSb8Ch moved to approve the following resolution: CONDITIONAL USE PERMIT RESOLUTION g�06-105 WHEREAS, Mr. Doug Andrus, representing Andrus Homes, applied for a conditional use permit (CUP) for the Pond Overlook residential planned unit development (PUD). WHEREAS, this permit applies to property on the north side of County Road 0now known as 2161 County Road D East (PIN 35 WHEREAS, the legal descr uf the property is: The West 298 feet 0f the part lying Southerly Of Hi 884ofSE 1 /4 (sub tnRO8d) Section 35. Township 30. Range 22. (PIN 35-30-22-44-OO11). WHEREAS, the history of this conditional use permit is as follows: 1. (]n May 21.20OY. the planning commission held a public hearing. The city staff published 8 not in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the proposed permit. 2. (]n June 25 the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. June 25, 2007, City Council Meeting 2 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment Vr methods Of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance tO any person Or property, because 0f excessive noise, glare, smoke, dust, odor, hJnnHs, water orair po||VLi0n drainage, water nJn'off. vibration, 0en8n8| unsightliness, electrical interference 0r other nuisances. 5. The use vvoV|d generate only minimal vehicular traffic On local streets and vvoU|d not create traffic congestion O[ unsafe access On existing O[ proposed streets. 8. The use vvoV|d be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation 0f and incorporate the site's natural and scenic features into the development design. 9. The use would C@Ua8 [niDinl8| 8dw8rSS GnvinUO[n8DtG| effects. Approval iS subject L0 the following conditions: All construction shall follow the plans date-stamped April 1Q 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 oS may be suggested Or required bvthe watershed district or city engineer. The pond shall meet the city's ordinance CZ\ 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 b8at least 28 feet wide to allow parking ODone side. The city council may approve major Chongestothepksns. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. June 25, 2007, City Council Meeting 3 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 30UY. and the plans shall include: o. The grading, utility, drainage, erosion control, streets, driveway, tnai|a.tRe9 preservation/replacement, landscaping and parking plans. The cul-de-sac bulb shall have the minimum radius necessary kJ ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer Or contractor shall install @four-fOot-high black, vinyl-coated chain-link fence at the top of the retaining vv8||. (2) Provide for staff approval a detailed storm water management plan. 4. The design 0fthepODd(3) sh@UmSetk88pkevvOOd'SSt@DdGPd8@OdSh@Ube8UbieCttOthe approval Of the city engineer. The developer shall b8 responsible for getting any needed off- site pondGnddn8in8g8R8G8nn8nLS,|f8pp|it8b|8. 5. The developer or contractor shall: o. Complete all grading for the site drainage and the pond and meet all city requirements. b. temporary orange safety fencing and signs gt the grading limits. c. Remove any debris, junk Or fill from the site. d. Get @ demolition permit from the city for the [8nlOv8| of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. 9. Provide the city with verification that the town houses 8S proposed will meet the state's noise standards. This shall bR with o study, testing O[ other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may GcC0rnp|iSh this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the City with this documentation b8hJn] the City will issue a building permit for the town houses. 8. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: 8. Front-yard setback (from a public street or8 private driveway): nnininnunn - 20 ft, nl8xirnUrn — 35 feet b. Front-yard setback (public side street): minimum - 30 feet, maximum - none c. Re8r+oardSetbonk: 20 feet from any adjacent residential property line Y. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. June 25.2U07. City Council Meeting 4 10 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on June 25.2007. Seconded bvCoVn[i|m8mb8rHUe||8. AYeG - A|| C. Rossbach to approve the Pond Overlook preliminary plat (received b the city on April 19, 2007). The developer shall complete the following before the citV council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 8. Complete all grading for overall site drainage and public SLne8t conSLnJCLk}n and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading |inniLS. 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 Cf each lot and five-foot drainage and utility easements along the side lot lines of each lot. d. Have XC8| Energy install Group Vr8t8 streetlights in at least two k]CaUVm8. 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 Cf the street near the Cu|-d8-S8t. The exact style and location shall b8subject to the city engineer's approval. e. Pay the city for the cost of traffic-control, street identification and no parking signs. t Cap, seal and abandon any wells that may bROD the site and remove septic systems Or drainfields, subject to Minnesota rules and guidelines. Q. 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 11.20OY. and shall meet the following conditions: o. The erosion control plans shall bR consistent with the city code. b. The grading plan shall show: /1\ The proposed building pad elevation and contour information for each building site. The |0t |iD8S OD this plan Sh8U follow the approved preliminary plat. C2\ C|VnLVUr information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. June 25.2U07. City Council Meeting 5 11 (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. U9\ All retaining vv8Us on the plans. Any retaining walls taller than four feet require 8 building permit from the city. The developer shall install a protective rail or fence on top of any retaining vv8|| that is taller than four feet or as may be required by the Cib/ engineer. (7) Sedimentation basins 0r ponds as required bv the watershed board 0rbv the city (8) NV grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) Emergency overflow swal8Gas required by the city engineer orbvthe 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 0O this part of the site asiSreasonably o.° The tree plan shall: M\ Be approved bv the city engineer Vr 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 tOthe site, increasing the size of the trees that the developer plants on the Git8, having the developer plant trees else where in the city or having the developer pay into a city- tree planting fund. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory ofall existing large trees 0nthe site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall Ue8tleast two and one half CZ inches in diameter and shall UmG mix Of red and white oaks, ash, lindens, sugar maples Or other native species. The coniferous trees shall b8ot least eight /8\ feet tall and shall b8@ mix 0fAustrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff G detailed tree planting plan and material list. June 25.2U07. City Council Meeting 0 12 (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (U) along the north and south sides Vf the site b} help screen the development frVnn the freeway k} the north and from County Road []k} the south. (c) Along the east side of the site to help provide screening of the new C0nGtnJcLk}n from the homes LVthe east. /Y\ Require the developer 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@7-bon design vvith8nnaonnUnnatna8LgnadeOf eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. Q\ 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 [f the water service locations, alignments and sizing with the standards and peqUin8nn8ntg of the North Saint PGV| utility department. Fin8'Uovv requirements and hydrant locations shall be verified with the K48p|evvnod Fire Department. (S) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would b8 outside the project area. (0) The o|8n and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. 9. The drainage plan shall 9nSVn8 that there is no increase in the rate of storm-water run-off leaving the site above the current (pped8v8|Opnneni) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related k} the engineering department's review Cfthe construction plans. 4. Change the plat 8afollows: 8. Add drainage and utility easements aa required bv the city engineer. b. Label the new street 8s Furness Place on all plans. June 25.2U07. City Council Meeting y 13 5. Secure and provide all required easements for the development. These shall include any off- site 8. Sign o developer's agreement with the city that guarantees that the developer or onn[nan[or 8. Complete all grading for overall site drainage, rough grading, and the kd8n8mcinQ of the public road and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. 7. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are t0 assure that there will be one responsible party for the care and maintenance of the common are8s, anyout|ota. private utilities, water services, landscaping and retaining 8. Record the following with the final plat: 8. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city C. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. d. Acov8n8nt 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 k} 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. S. 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 istU perform before the installation of Furness Place as a public improvement project. 10. Obtain 8 permit from the Watershed District for grading. 11. Obtain 8NPDES construction permit from the Minnesota Pollution Control Agency /k8PCA\. 12. Obtain the necessary approvals and permits from K8D[)(]T. 13. |f the developer decides LVfinal plat part [fthe preliminary plat, the city staff may waive any conditions that dO not apply to the final plat. Seconded byCoVnci|nn8nnb8rHje||8. Ayes -all June 25.2U07. City Council Meeting 8 14 [ommission8rRosSb8dl moved to approve the plans date-stamped April 19, 2007, (site plan, grading and drainage plans and building elevations) and the landscape plans date-stamped June 12, 2007, for the Pond Overlook town houses on the new cul-de-sac on the north side of County Road D west of McKnight Road. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this r8vRvv in two years if the odv has not issued 8 building p8mnd for this 2. Complete the following before the city issues a building permit: G. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, landscaping, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007. (1) The erosion control plan shall bR consistent with city code. (2) The grading plan shall: (B) Include building, floor elevation and contour information for each home site. The |[t lines On this plan 8hSU follow the approved preliminary plat. (b) |ndUd8 contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board nrUy the city engineer. /d\ Show all retaining vvG||3 OD the pk3Oa. Any retaining vvo|kg more than four feet tall require 8 building permit from the city and shall have 8 fence 0r some other protective barrier along the top of the wall. (e) Show the proposed street and driveway grades as allowed by the city engineer. AU 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. (o) Show details about the required fence by the pond including the materials, gate, height and color. The contractor shall install the fence above the retaining wall. (3) The tree plan shall: (8) Be approved by the city engineer or by the city environmental nn8n8g8r before site grading Or final plat approval. The developer and city staff will need bOnegotiate and agree on a final tree planting and preservation plan. This may include adding more trees bJ the site, increasing the size of the trees that the developer plants 0n the site, having the developer plant trees else where in the city or having the developer pay into 8 city-tree planting fund. June 25.2U07. City Council Meeting S 15 (b) |ndUd8 an inventory of all existing large trees on the site and GhGU show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall U8St least eight feet tall and shall b88 mix [f Black Hills spruce and AUSth8D pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (8) B8 consistent with the plan the applicant submitted tO the city 8t 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. /N All private driveways to the units at least 20 feet wide. /mJ 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 onall plans. (5)The design of the ponding area shall be subject to the approval of the city engineer. The developer shall b8 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. 8UbrniL 8 revised landscape plan to staff for approval that incorporates the h]||ovving details: (1) All lawn areas shall b8 sodded. The city engineer shall determine the vegetation within the pVndingarea. (2) The addition of trees along the north and south sides 0f the site. C3\ The developer shall install landscaping in the ponding area that will be attractive and will promote infiltration. Such landscaping shall b8 approved bv the city engineer Vr city naturalist and shall b8 shown On the project |8ndsCopSp|8nS. (4) Having in-ground irrigation for all landscape areas (code neqUin8meni. (5) The plantings proposed around the front of the units shown on the landscape plan date-stamped June 12, 2007, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. June 25.2U07. City Council Meeting 10 16 (7) The manicured or mowed areas from the n8UJr8| areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native flowering plants and shrubs and trees. The native flowering plants, shrubs and trees shall be those needing little ornO maintenance. The developer shall have the contractor seed the natural areas with an upland mixture and lowland mixtures as is appropriate. (M) |n addition k} the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). /9\ The contractor shall restore the County Road [) boulevard with sod. (1U) Adding more evergreen trees (Black Hills spruce 0rAustrian pines) (where possible) along the north and south property lines Of the site. These trees are tnbesd 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 SvSte[n.indUdin0thRkJC@tk]O0fUl8Sphnkhe[ heads. (12) The city engineer Vrby the city environmental manager shall approve this plan before site grading and shall Ue consistent with the approved grading and landscape plans. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. [ Have the North Saint Paul utility department approve the proposed utility plans. g. Present to staff for approval colored building elevations and building material samples of all elevations Of the town houses. These plans and elevations shall show or include (but are not limited to) that the colors of the town houses will be tones of brown, gray, ivory and beige-colored vinyl siding, any shutters, window grids, decorative lighting for the front 9|8vG1iODs and the style and materials 0f deck Orbalcony railings. These elevations also shall show details for the enhancement of the south side elevation of Unit 1 and the rear elevations for Units 8 and 10 (that face County Road O) (including the use [f shutters) and Stone vvoinSC0tin8 on the entire front elevation per the revised sketch submitted t0 the city by the applicant at the June 12,2UOY.CC)RB meeting. City staff must approve these plans before the city will issue 8 building permit. h. The developer or builder will pay the city Park Availability Charges (PAC fees) for each housing unit when they get the building permit for each unit. i Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are tO assure that there will bG one responsible party for the care and maintenance of the common areas, the private utilities, water services, landscaping and any retaining walls. i Obtain the necessary approvals and permits from K8n0[)T. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. June 25.2U07. City Council Meeting 11 17 3. Complete the following before occupying each building: 8. Replace property irons that are removed because Of this construction. b. Restore and sod d8nl808d UoV|8vandG and sod SU turf areas. c. C0rnp|e&8 all landscaping and turf irrigation for that building. d. Install the paved driveway for each unit. S. Install a reflectorized stop sign at the exit onto County Road D and addresses on each building for each unit. |n addition, the applicant shall install "no parking" signs within the site, as required by staff. t Install and maintain all required landscaping Uno|udingtheo|8nbDg3arOund800hunitond around the pond) and an in-ground sprinkler system for all landscaped areas (code g. |nSL8U on-site lighting for security and visibility that follows the approved site lighting plan. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h. |nSt@|| additional trees along the north, east and south property lines of the site (vvh8P8 possible) where the proposed or existing vegetation would not screen the town houses from the existing nJ8dvvGyS and dwellings to the east. These additional nn8Leh8|S 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 b8 subject iOcity 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 a uiredh*tternforeditnrCa3heaorovvisheldbvthecitvforaUrequinad exterior innpn]v8nl8nt8. The owner nr contractor shall complete any unfinished landscaping by JUDS 1 of the next year if the building is OCCUpi8d in the tG|| or winter, Or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The city staff may approve minor changes tothe project plans. Seconded by Mayor Longrie. Ayes - All June 25.2U07. City Council Meeting 12 18 Pond Overlook Public Improvements, City Project 07-08 8. Public Works Director, Chuck /\h[ presented the report to the council. Mayor Longrie had moved to table item H. 4. Pond Overlook Public Improvements, City Project 07-88 and move it under New Business item L 1. so the public hearing could all Pond Overlook items together into one discussion and public hearing. Mayor Longrie asked if anyone wanted to speak regarding this item. There were no individuals that came forward. Councilmember Juenemann moved to approve the Resolution Ordering- the Pond Overlook Improvements at (2161 County Road D), City Proiect 07-08). RESOLUTION 07-06-106 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, @ resolution of the city council adopted the 11th day of June, 2007 fixed 8 date for a council hearing on the proposed improvements for the Pond Overlook Improvements (2161 County Road D), City Project 07-08. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held On June 25th.2007. and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOO1 MINNESOTA, as follows: 1. That it is necessary, and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements k] Pond Overlook Improvements /2101 County Road [}\. City Project U7-0R. 2. Such improvement iG hereby ordered 8s proposed in the council resolution adopted the 25th day of June 2007. 3. The city's consultant, SEH the designated RnginR8r[0rLhisinlprovem8nt8ndis hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized [0 make the financial transfers necessary tO implement the financing plan for the project. A project budget 0f$283.427 shall b8 established. The proposed financing plan iGbv means Vf8 developer property assessment for all project costs. Seconded by Councilmember Cave. Ayes — All June 25.2U07. City Council Meeting 13 19 Agenda Item 15 TO: Greg Copeland, City Manager FROM: Shonn Finvv8U, A|CP, Planner SUBJECT: The Shores Final Plat and Revision of Vacation Resolution APPLICANT: BartW4ontanoM LoknPhe|nn Emtotna, LUC LOCATION: 1875 &1877 East Shore Drive DATE: November 10,2007 101111 Mae] B11111LO 111141LI Bart Montanari is requesting that the city council approve the final plat for The Shores. The Shores development was approved by the city council on August 13, 2007, and will consist of 180 units of senior housing tobe located 0n the old St. Paul Tourist Cabin site in the Gladstone neighborhood. The plat was required in order to redefine the western property line to eliminate property encroachments from the adjacent P8rhvievv Court Apartments. The city council approved the following land use requests for The Shores development On August 13, 2007: 1. Street Right-of-way v8CGU0n 2. Public easement vacation 3. Preliminary Plat 4. Conditional Use Permit for Planned Unit Development 5. Design Approval Final Plat: The following conditions were required to be met prior to final plat approval: 1. Dedication of drainage and utility easement agreements around all public storm water facilities Vn the site. 3. Dedication of a 1 0-foot-wide drainage/utility/pedestrian easement along the south side Of Frost Avenue, along the entire northerly boundary Of the Shores property. 3. Dedication of an 8-foot-wide pedestrian easement along the proposed trail to be located on the west side of the building running from the Frost Avenue sidewalk L0 the East Shore Drive sidewalk. 4. Rename the plat The Shores. The final plat has been renamed from Lake Ph8]9O Estates t0 The Shores 0f Lake Pho|BD. Apparently "The Shores" name had already been taken bv another plat iD the state. The final plat reflects the dedication 0fdrainage and utility easements 8s required bv the city council. In addition, the applicant has submitted the appropriate pedestrian easements for the Frost Avenue sidewalk and the trail to be |000h8d west side of the building. All preliminary plat conditions noted above have been met. Revision Vf Vacation Resolution: The city council approved the vacation Of2O feet ofEast Shore Drive hgh which was LOb8 combined with The Shores property. This right-of-way iS currently 12O feet wide and the reconstruction of East Shore Drive will not require such a wide right-of-way. For this reason the applicant requested the vacation in order to combine that portion of the right-of-way with the property. A condition Vf approval of the vacation VfriQht-of-vv8ywas that the applicant dedicated right-of-way from The Shores property at the intersection Of E88L Shore Drive and Frost Avenue for the proposed roundabout. Research for the plat and vacation has found that the 20 feet Ofhg would legally b9 turned back kJthe original property owner, not the new property owner Of The Shores. This would complicate the platting process and as such the applicant is requesting a withdrawal of the request for riQht-of-vvgyvacation. The removal ofthe 2O feet of additional land will not affect density, impervious surface coverage, orthe overall plat and as such city staff iS recommending that the city council adopt a revised vacation resolution authorizing the vacation of the sanitary sewer easement only. All original conditions of the vacations will apply in the revised sanitary sewer easement vacation resolution attached. RECOMMENDATIONS Approve The Shores final plat. Approval of the final plat is subject to the following: a. The applicant must record the plat and easement document with the county. 2. Approve the attached sanitary sewer easement vacation resolution. This resolution iSfor the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue. Prior L0the city recording this r8SO|VLi0n the applicant rnVEt complete the 8. The applicant shall grant the city o right-of-entry to complete the sanitary sewer abandonment work. b. The applicant shall dedicate a30-fVVt-triangu|ar piece Vf land 8s additional Mght+]f- vv8ytOth8Cib/GtthBnOrth8ostDorn9rofth8propedvf0rth8fUturBFUuDdGb0ut@t the intersection Of Frost Avenue and East Shore Drive. paoc10VSt. Paul Tourist CabnUFina Plat Attachments: 1. Location Map 2. Final Plat 3. August 13, 2007, City Council Minutes 4. Revised Sanitary Sewer Vacation Resolution K Keller Golf Course 940 Frost St. Paul Tourist Cabin Site Proposed Senior', Housing ey County Park Parkview Court I v im, mmIm, - Im Flicek Park �E Location Map I q ----------- A - -- - -- - -- - -- - - - - - - - - - - - - - - - - - - - - 60 'Z �z 94N 8 E RE 15 t.z -561 U 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 13, 2007 Council Chambers, City Hall Meeting No. 07-014 H. PUBLIC HEARINGS The Shores Senior Housing Development 940 Frost Avenue. a. Land Use Plan Clarification — Gladstone — High (Requires 4 votes) b. Street Right-of-way vacation C. Public easement vacation d. Preliminary Plat e. Conditional Use Permit for Planned Unit Development f. Design Approval 1. Planner, Shann Finwall gave the report. 2. Chuck Ahl, Public Works Director answered questions 3. Link Wilson, Kaas Wilson Architects, answered questions. 4. Denny O'Donnell, representing Walker Methodist, gave a report. 5. Linda Olson, Chairperson, Community Design Review Board, gave a report. 6. Lorraine Fischer, Chairperson, Planning Commission, gave a report. 7. Steve Lukin, Fire Chief, answered questions Mayor Longrie opened the public hearing and the following individuals spoke,: (a) Richard Currie, Historical Preservation Commission, 1937 Kenwood Dr W Maplewood. (b) Linda Olson, 2005 County Road C East, Maplewood. (c) Joy Tkachuck, 1088 Gordon Avenue, Maplewood. (d) Jan Steiner McGovern, 1876 East Shore Drive, Maplewood. (e) Mindy MacRunnel, 1890 Adele Street, Maplewood. Mayor Longrie closed the public hearing. Councilmember Cave moved to approve the comprehensive land use amendment resolution. This resolution clarifies the comprehensive land use map definition for the Gladstone high density land use designation as follows: Gladstone High (G-H): Locations with stacked housing units with densities ranging from 12 to 30 units per acre. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmember's Cave. Hjelle Nays — Councilmember's Juenemann, Rossbach The motion failed by a vote of 3 to 2 (Comprehensive Plan Amendments require 4 votes) August 13, 2007, City Council Meeting Councilmember Cave moved to approve the public vacation resolution. This resolution is for the public vacation of 20 feet of right-of-way along East Shore Drive and the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue. Prior to the city recording this resolution, the applicant must complete the following: a. The applicant shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. b. The applicant shall dedicate additional right-of-way to the city at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. Seconded by Mayor Longrie. Ayes — All PUBLIC VACATION RESOLUTION 07-08-133 WHEREAS, Link Wilson, Kaas Wilson Architects, Representing the Owner and Developer, Bart Montanari of Dabar Development, has applied for the vacation of a portion of the East Shore Drive right-of-way adjacent the property at 940 Frost Avenue and a sanitary sewer easement located on the west side of the property at 940 Frost Avenue as follows. Right-of-Way: The westerly 20-feet of East Shore Drive running the entire length of the property at 940 Frost Avenue. Sanitary Sewer Easement: Part of E. 10 acres of the W. 20 acres of Government Lot 2 described as follows: Beginning at intersection of W. line of said 10 acres and S'ly line of Frost Ave. as now located; thence S. 27'06' E. a distance of 811.06 feet to intersection of E. line of said 10 acres and N'ly line of East Shore Drive; thence N. on said E. line 189.3 feet; thence W. at right angles 67.5 feet; thence NW'ly at an angle of 61 the right a distance of 613.05 feet to said S. line of Frost Ave.; thence SW'ly thereon 17.3 feet, more or less to beginning; all in Sec. 16, T. 29, R. 22, together with that portion of the above described land S. of the previously described line which lies W. of a line running NW'ly from the SE corner of the said E. 10 acres of the W. 20 acres of said Government Lot 2 to a point 189.02 feet N. of and 50 feet W. of said SE corner, which easement shall include the perpetual right of said Village of Maplewood, its successors or assigns, to construct, maintain, operate and repair underground sewer mains, pipes and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress, all without additional compensation. WHEREAS, the history of these public vacations is as follows: On July 17, 2007, the planning commission held a public hearing about the proposed vacations. The city staff published a notice in the Maplewood Review and sent a notice to 2 August 13, 2007, City Council Meeting the abutting property owners. The planning commission gave everyone 8L the hearing a chance t0 speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. (}n August 13.2807. the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the oUn eppnzvae the vacation of the hQhL+of-vva}\ public interest in the right-of-way property will go to the following abutting property: Address: 940 Frost Avenue Property Identification Number: 102922310024 Existing Legal Description: That part Of Government Lot 2 Sec. 10.T.28 22, Ramsey County, Minnesota which lies S'of Frost Avenue as described in Document No. 1999021, W'of Frost Avenue Connection as described in Document No. 1999021, N'of East Shore Drive as described iO Document No. 387903 and NE'Of@ line described GS commencing @t the center Of said Section 10, thence S 89 degrees 32 minutes 38 seconds VV. 8SsUnn9d bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes O3 seconds East, 1121.1O feet tO8n angle iD the north line Of said East Shore Drive, said angle point being G58.58 feet westerly ofthe East line Of said government lot 2oSmeasured along the N line of said East Shore [)hv8 and Said line there terminating. New Legal Description (After Platting): Lot 1, Block 1, The Shores. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way vacation for the following reasons: 1. The city's proposed road improvements along East Shore Drive do not require such 8wide right-of-way, and therefore the vacation of the 20-foot-wide portion of the right-of-way is in the public interest and will allow the applicant additional land for development. 2. |nsL8|katk}n of sanitary sewer along East Shore [)hwe is part of the public innprOv8rn8nLS planned |n connection with the development. As such, the existing sanitary sewer line located On the west side Of the property will be abandoned and removed. The sanitary sewer easement will no longer be needed and therefore the vacation of the easement iSin the public interest. Prior h]the city recording the vacation Ofthe right-of-way and sanitary sewer easement the applicant must complete the following: 1. The applicant shall grant the city 8 right-of-entry to complete the sanitary sewer abandonment work. 3 August 13, 2007, City Council Meeting 2. The applicant shall dedicate additional hg t0 the city Ed the southwest corner Ofthe Frost Avenue and East Shore Drive intersection for the construction Of the proposed n}UnU8bOUL The Maplewood City Council adopted this resolution On August 13.200. Seconded bvCVVn[i|nlennb8rCave. Ayes — Mayor LODgh8,C0unCi|DleDlber'g Nam — Counci|nember RomSbaC Mayor Lomgrie moved to approve the preliminary plat ' mmpe April 20 � L���the Shores (previously called * �����hmUemEstmime) Uocaked at 940 Frost Avenue. Approval is subject to the following conditions: o. Have the city engineer approve final construction and engineer plans. These plans shall comply with all requirements as specified in the city engineering department's May 22 review and 8EHengineering consultant's May 17.28U7review. b. Prior to final plat approval, the following must be submitted for city staff approval: 1\ Dedication of drainage and utility easement agreements around all public storm water facilities on the site. 2\ Dedication Of81O-fox]t-vvidSdrainage/ut B8seQDentG|0ngtheS0Uth side of Frost Avenue, along the entire northerly boundary of the Shores property. 3\ Dedication of an 8-foot-w pedestrian easement along the proposed trail to be located On the west side of the building running from the Frost Avenue sidewalk to the East Shore Drive sidewalk. 4) Rename the plat The Shores. C. Record all easement agreements with the final plat. Seconded bvCOUnCi|nl8nlb8rCave. Ayes — Mayor L0nghH.COUOd|[D8[Db8/S Cave, HU8Ue Nay — Counci|nmmber Rossbach MoyorLOngh8 moved to approve the conditional use permit resolution attached in the staff report (Attachment 29). This resolution approves the conditional use permit for 8180 senior housing planned unit development within the Shoreland Overlay District of Phalen Lake. WHEREAS, Link Wilson, Kaas Wilson Architects Representing the Owner and Deve Bart Montanari of Dabar Development, applied for a conditional use permit for a planned unit development to construct a 180-unit senior housing complex known as The Shores. 4 August 13, 2007, City Council Meeting WHEREAS, this permit applies to the following property: Address: 94O Frost Avenue Property Identification Number: 182922310024 Existing Legal Description: That part of Government Lot 2 Sec. 10.T. 29, R. 22, Ramsey County Minnesota which lies 8' Of FnDS[ Avenue as described in DOCUOO8Ot Nn. 1998021 VV' Of Frost Avenue Connection 8S described in Document No. 1899021 Shore Drive @S described in Document No. 307903. and NE' Of@ line described 8Scommencing ad the center Vf said Section 18,thence S8S degrees 32 minutes 38 seconds VV. assumed bearing, along the N line of said Government Lot 2 1130D0 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 058.50 feet westerly Vfthe East line [f said government lot 2aSmeasured along the N line of said E8GL Shore OhvR and said line there terminating. New Legal Description (After P|8ttinQ): Lot 1, Block 1,The ShVn98 WHEREAS, the history of this conditional use permit in as follows: 1. On July 17.2O87 the planning commission held a public hearing. City staff published 8 notice in the paper and sent notices t0 the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports from the city staff. 2. {}n August 13 the city council reviewed this request. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code Ofordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment 0r methods 0foperation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, bHcGVG9 of excessive noise, g|Gne, smoke, dust, odor, hJnn8S, water orair po||uti0D, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5 August 13, 2007, City Council Meeting 5. The use would generate only minimal vehicular traffic On local streets and would not create traffic congestion Or unsafe access OD existing Or proposed streets. 0. The use would be served by adequate public facilities and services, including streets, police and fire ppoheoti0n, drainage structures, water and sewer systems, SSh0o|S and parks. 7. The use would not create excessive additional costs for public facilities Vrservices. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. S. The use would cause minimal adverse environmental effects. Approval is subject tmthe fmUAom(img conditions: 1. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements GS specified in the city engineering department's May 22, 2007, review and SEH engineering consultant's May 17, 2007 review. 2. All CODatrUCti0n shall follow the plans date-stamped April 18 2007 and with revisions as noted in this approval. The city council may approve major ch8ngeStoLhep|8ns. City staff may approve minor changes t0 the plans. 3. The project is approved with 120 underground and surface parking spaces (emphasizing the use Of underground parking) and 30 proof Of parking spaces. This is8 parking reduction 0f 21O parking spaces (380 parking spaces are required per city oOd8). The applicant shall maximize the use Of pervious pavers for the surface parking spaces. 4. The project i8 approved with 8 141 square foot floor area reduction in the required unit floor area for the nn8nnOry care and assisted living units (580 GqV8n] foot units are required per city code; 490t0509 square foot units are pn}p0S8d). 5. The project is approved with 32O-hz0t front yard setback along Frost Avenue for the one-story kitchen portion of the building (30-foot front yard setback required per city code). 8. The project iS8ppnJv8dwithStOr@geSp8D8OfnOt|8aSth8D48CUbiCf88tfD[thROlBOlOryCGnR and transitional care units (120 cubic feet of storage area per unit required per city code). 7. The project iaopppovedvvithfourOoora. R. All signs on the property must be approved by the community design review board. 9. Approval is conditioned on the owner constructing or funding a Gladstone neighborhood entry monument sign at the intersection of Frost Avenue and East Shore Drive. to be submitted to the Historical Preservation Commission for approval. 10. Approval iS conditioned OD the applicant implementing interior exterior SiQDGg8which reflects the previous use of the property ea the St. Paul Tourist Cabin site. Signage proposal to be submitted to the Historical Preservation Commission for approval. 6 August 13, 2007, City Council Meeting 11. The approved landscape plan and tree preservation requirements shall U9 subject b] monitoring by city staff to assure compliance. Minor modifications to these plans shall bS subject LO review bv staff while major nn0dUDCaLiOnGsh8UreqUir8CitvcoUnci|8ppn}v8i 12. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 13. The city council shall review this permit iO one year. The Maplewood City Council adopted this resolution On August 13,2OOY. Seconded byCmmmciUmnemnbmrCave. Ayes —Mayor Lomgrie CommciUmnemnber`s Cave, HjelUe,Jmememmmmm Nmy — CounciDmmmmnber Roaebach Mayor Lomgrie moved to approve the plans date stamped April 19, 2007, for the 180-unit, four-story Shores senior housing development to be located at 940 Frost Avenue. Approval is subject to the applicant doing the following: 8. Repeat this review in two years if the city has not issued a building permit for this b. Prior to issuance of grading Or building permit, the applicant must sUbnlh to staff for approval the following items: 1\ Verification the Shores plat has been recorded. 2) Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements Gs specified in the city engineering department's May 22, 2007 review and SEH engineering consultant's May 17, 2007 review. |n addition, the engineering plans should be revised 83follows: @\ Tree Preservation: The revised grading plan shall preserve the large specimen cottonwood tree (heritage tree) located On the north side ofthe property, adjacent Frost Avenue (48-inch tree). 2. Revision tO the grading plan showing that the most easterly retaining vv8U is shifted to the west to make every effort to preserve the three specimen oak trees and other significant trees in the area. 3. Revision k}the grading plan shifting the retaining wall located on the north side Of the wetland tO the north, toward the building, tO make every effort to preserve significant trees in this area. 4. The applicant shall work closely with the city engineering department k} reduce the size or quantity Vf rainwater gardens needed OD the site inoD attempt t0 reduce grading and ultimately preserve trees. 7 August 13, 2007, City Council Meeting 5. The applicant shall work closely with the city engineering department tO reduce the amount Of grading needed along the Frost Avenue and East Shore Drive property lines in8n attempt to preserve trees and screen the property from these streets. b\ The applicant shall work closely with the city engineering department 10 reduce the size or quantity of rainwater gardens needed 0n the site in8n attempt to reduce grading and ultimately preserve trees. C) Revision t0 the grading plan toincorporate pervious pavers 0[ pavement 0n the following areas: loading dock, northwest patio, parking spaces located in the center ofthe curved driveway, under the entry canopy, and at the memory care entrance. d) The applicant shall work with staff to incorporate turn lanes on Frost Avenue and East Shore Drive into the development if possible. 3) Revised site plan showing: G\ The location Of trash and recycling receptacles throughout the site. b\ The location of benches scattered throughout the site, along the trails and C) Removal of the south driveway on East Shore Drive. d\ Relocation of on the west side ofthe building b3 wrap around the south side Vf the building and exit onto East Shore Drive, south Vf the driveway. 8\ Location Of all required surface and proof 0f parking spaces. f) Location of a crosswalk on East Shore Drive. Crosswalk to extend from the trail located on the south side of the driveway across the street to the existing trail/sidewalk on the east side of East Shore Drive. 4\ Revised elevations showing: o\ Ao increase in the height of the loading dock screening fence bo8-fe*ethigh along Frost Avenue. This can Ue accomplished through the use Vfdesign elements proposed on the arcade/trellis to increase the height and create more [f8 screen to the loading dock. b\ The proposed northwest patio and entry door onthe building elevations. C) The proposed fence around the healing garden. d) Roof vents must be placed on the west side of the roof if possible. All roof vents must blend into the roofline with compatible colors. 8 August 13, 2007, City Council Meeting 5) Watershed district approval. 8\ Building material samples showing color scheme for the project 8sGh0vvn0nth8 power point presentation presented to the Community Design Review Board during the July 24.20O7.meeting. Y\ Enter into 8 developer's agreement with the city which will cover the installation of all public improvements surrounding and within the property. 8\ Sign a maintenance agreement for the ongoing maintenance of all required rainwater gardens and infiltration basins. 9\ A cash escrow D[@n irrevocable letter Uf credit for all required exterior improvements. The amount shall b815O percent Of the cost Of the work. C. The applicant shall complete the following before occupying the building: 1\ Replace any property irons removed because of this construction. 2\ Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. 4\ Install all required outdoor lighting. b\ Install all required sidewalks and trails. d. The lighting and photometrics plan iS not approved. The applicant must submit 8revised lighting and photometrics plan for community design review board approval which complies with city code and is compatible with the Phase | Gladstone public improvements. e. GignageiS not approved. The applicant must submit 8 sign o|onforConnrnunitvdeagn review board approval. The plan must show a monument sign b]b8 located 8Lthe intersection of Frost Avenue and East Shore Drive which announces the entryway to the Gladstone Neighborhood and any exterior SignoAS advertising the Shores. L8OdSC8 nRplaC8nl8nUSh0re|8nd screening plan iS not approved. The applicant must submit a revised landscape/tree replacement/shoreland screening plans showing: 1\ Detail Vfsouth elevation from the center Cf Lake Pha|8nshowing compliance with sh0nel8Dd SC[e8DiOg r9qUirBrnBDtS (code requires that the building b88t least 80 percent screened from the |8kB). 2\ Tree preservation plan 3ho|| maximize preservation of the significant/specimen trees on the site. 3) Landscape plan which shows: a) Additional plantings in front of the loading dock. 9 August 13, 2007, City Council Meeting U\ The location Of all proposed ground mechanical units which are screened bvlandscaping. C) The installation [f underground irrigation fVrthe|8ndsCapedareas. The applicant should explore the use 0f conservation sensor sprinkler dSvC8S which will shut off when it is raining. d) The planting of 25-foot-high evergreen trees along the east property line (admacent East Shore Drive) to ensure screening of the building from residential properties to the east. 4\ Rainwater garden plantings based 0n any grading changes. Rainwater gardens b} be reviewed and approved by the city's naturalist prior to issuance of a building permit. 9. K any required work is not done, the city may allow temporary occupancy if: 1\ The city determines that the work is not essential to the public health, safety or 2\ The a uired|etber0fCredit0rCaShe3CnowiShe|dbvtheCitvof Maplewood for all required exterior improvements. The owner Vr contractor shall &onnp|8Le any unfinished exterior innpn}v8nneniG by June 1 of the hJ||Vvving year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy iSiD the spring Orsummer. h. All work shall follow the approved plans. City staff may approve minor changes. Seconded by Councilmernber Hjelle. Ayes — All 10 August 13, 2007, City Council Meeting Attachment 4 PUBLIC VACATION RESOLUTION WHEREAS, Bart K4unt8nohof Lake Pheden Estates, LLC. has applied for the vacation of8sanitary sewer easement located 0nthe west side of the property at 940 Frost Avenue as follows. Sanitary Sewer Easement: Part VfE1O acres of the VK2U acres Vf Government Lot 2d8sChbed as follows: Beginning at intersection UfVK line of said 10 acres and G'|y line Of Frost Ave. 8S now located; thence S.27"OS'E.@ distance Of811.OG feet tV intersection Of E. line of said 10 8Cr9G and N'|y line of East Shore Drive; [h8nD8 N. on said E. line 189.3 feet; thence VV. aL right angles 07.5feet; thence NVV'|yGtGnangle of81°57'tV the right @ distance 0f013.05 feet tO said S.line of Frost Ave.;thence SVV'|ythernnn 17.3 feet, more or less [o beginning; all in San. 18 |[ 28 R. 22. together with that portion of the above described land S. of the previously described line which lies W. of line running NVV'|y from the SE corner Of the said E. 10 acres 0f the VV. 2O acres of said Government Lot 2to8point 180.O2 feet N. Of and 50feet W. of said SE corner, which easement shall include the perpetual right of said Village of M8p|evvo0d, its successors or assigns, to construct, maintain, operate and repair underground sewer mains, pipes and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress, all without additional compensation. WHEREAS, the history of these public vacation is as follows: (Jn July 1Y,2OUY.the planning commission held 8 public hearing about the proposed vacations. The city staff published G notice iD the Maplewood Review and sent 8 notice bJ the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city Staff. The planning commission recommended that the city council approve the vacation. 2. On August 13 the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning 3. On November 26 city council authorized the revision of the vacation resolution tOinclude the vacation Of the sanitary sewer easement only, and removed the authorization for the vacation CJ2Ofeet of right-of-way from East Shore Drive as it was not necessary for the development. NOW, THEREFORE, BEUT RESOLVED that the city council approve the above- described v@C@tODb8C8uSSthBiOat8U8tk}DOfs8nbGryaevvRr8k/nQE8stShOre0hw8iS part of the public improvements planned in connection with the development. As such, the existing sanitary sewer line located on the west side of the property will be abandoned and removed. The sanitary sewer easement will no longer be needed and therefore the vacation Vf the easement i8in the public interest. Prior to recording the vacation of the sanitary sewer easement the applicant must complete the following: The applicant shall grant the city ohQ to complete the sanitary sewer abandonment work. 2. The applicant shall dedicate o30-k]0t-th@Ogu|@r piece 0f land os additional hght- of-vvaytoLh8Cih/EdLhenOrtheast corner of the property for the future roundabout at the intersection of Frost Avenue and East Shore Drive. The Maplewood City Council adopted this resolution on November 20.2OU7. 2 Agenda Item 16 Uej 4 ki 117- Z1 4001 Z 0 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer DuWayne Konewko, Environmental Manager SUBJECT: Approval of Amendment No. 7 to Saint Paul Regional Water Service Agreement DATE: December 10, 2007 INTRODUCTION On March 26 2007 the city council approved a section in the City's Right-of-Way Ordinance which exempted the Saint Paul Board of Water Commissioners from the provisions and requirements of said ordinance. Staff was also authorized by council to work with the Board of Water Commissioners to amend the existing agreement, which was adopted in 1996. An amendment to the agreement is being presented for Council approval. DISCUSSION This amendment ensures that the City of Maplewood is made aware of any intrusions into the Right-of-Way resulting from the activities of the Board of Water Commissioners. The Board will notify the City of Maplewood of all upcoming work, obtain permits for this work, and pay the fees associated with these permits. They will also restore the Right-of-Way to the standards set forth in the Right-of-Way Ordinance. This amendment will ensure the safety of the public and preserve and protect the existing right of way within the City of Maplewood. 0 **IQ LY, I LY, 14 Z 1117-1 [*1 Z It is recommended that council approve the attached Amendment No. 7 to the Agreement between the Saint Paul Board of Water Commissioners and the City of Maplewood. Attachment: 1. Amendment No. 7 for the Agreement between Board of Water Commissioners and City of Maplewood Agreement # 02- 10263 -I AMENDMENT NO. 7 to AGREEMENT BETWEEN BOARD OF WATER COMMISSIONERS and CITY OF MAPLEWOOD This AMENDMENT NO. 7 TO AGREEMENT entered into this 4 day of December 2007, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Minnesota (the "Board"), and the CITY OF MAPLEWOOD, a municipal corporation of the State of Minnesota ("Maplewood"). WITNESSETH: WHEREAS, Maplewood and the Board entered into an agreement dated October 30, 1996 for the provision of water service by the Board to properties within Maplewood (the "Agreement"); and WHEREAS, Article XIV of the Agreement allows for amendments to the Agreement; and WHEREAS, Sec. 32-6 of Maplewood's Right of Way Ordinance exempts the Board from the provisions and requirements of said Ordinance; and WHEREAS, Board and Maplewood agree that Board activities in Maplewood rights of way shall be governed by the provisions and requirements of the Agreement, as amended; and WHEREAS, the parties desire at this time to amend the Agreement to provide for such governing of the Board's work in Maplewood rights of way. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties mutually agree to amend the Agreement as follows: 1. The following is hereby added to the Agreement: ARTICLE XVI MAPLEWOOD RIGHT OF WAY PERMITS REQUIRED Board excavation work in Maplewood rights of way shall be in accordance with the following permitting procedures: A. APPLICATION FOR PERMIT. Board shall provide an Excavation Permit application as early as possible. The application shall include the following: 1) description of work 2) drawing showing location of work and size of excavation 3) description of methods of installation 4) schedule of work. B. ISSUANCE OF PERMIT. Following receipt of an Excavation Permit application, Maplewood shall issue a permit to the Board. C. RIGHT OF WAY RESTORATION STANDARDS. Board shall perform patching and restoration of rights of way in accordance with Maplewood standards as specified in the most recent revision of Maplewood Engineering Plates I through 13. D. PERMIT FEE AND BILLING. Maplewood shall issue monthly invoices listing the Excavation Permit number, work description and fee for each permit. E. PAYMENT. After review and approval of the charges by Board's construction supervisor, Board shall issue payment to Maplewood within 30 days. 2. Whenever it shall be required or permitted by the Agreement or this Amendment, 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: Board: Board of Water Commissioners Attn: SPRWS General Manager 1900 Rice St., Office Building Saint Paul, MN 55113 Maplewood: City of Maplewood Attn: City Manager 1830 Co. Rd B East Maplewood, MN 55109 3. Except as modified herein, the terms of the Agreement shall remain in full force and effect. [Remainder of page left intentionally blank.] IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7 to Agreement to be executed as of the day and year first above written. Approved: BOARD OF WATER COMMISSIONERS M Stephen P. Schneider, General Manager Patrick Harris, President Saint Paul Regional Water Services By Approved as to Form: Janet Lindgren, Secretary Assistant City Attorney STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) RX Matthew G. Smith, Director Office of Financial Services The foregoing instrument was acknowledged before me this day of 1 20_, by Patrick Harris, President of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 1 20, by . Secretary of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 20_, by Matthew G. Smith, Director, Office of Financial Services of the Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment CITY OF MAPLEWOOD STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) By Its Mayor By Its City Manager The foregoing instrument was acknowledged before me this day of 1 20 by , Mayor of the City of Maplewood, a Minnesota municipal corporation, on behalf of the corporation. STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) Signature of person taking acknowledgment The foregoing instrument was acknowledged before me this day of 20_, by , City Manager of the City of Maplewood, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment Agenda Item 17 Uel 4 ki 117- Z1 4001 Z 0 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment Surcharge, Pond Wetland Mitigation, City Project 02-07, Approval Requesting Variance from State Aid Rule DATE: December 10, 2007 INTRODUCTION The County Road D Realignment project included surcharge and pond wetland mitigation work. To receive State Aid funding for the project a Resolution Requesting Administrative Variance from State Aid Rule is required. DISCUSSION The resolution acknowledges that bids for the County Road D Realignment between Trunk Highway 61 and Hazelwood Street were opened prior to state aid approval to reduce time delays and financial claims from adjacent property owners. A resolution requesting an administrative variance is required to deviate from State Aid Rules regarding bid openings. Once the Resolution is approved, staff will request a variance from State Aid to receive funding for the project. This action is necessary to receive additional credit for the work completed on the project and is necessary for state aid accounting. RECOMMENDATION It is recommended that council approve the attached Resolution Requesting an Administrative Variance from State Aid Rule 8820.2800 SUBPART 2 for City Project 02-07. Attachment: 1. Resolution Requesting an Administrative Variance from State Aid Rule Z Location Map City of Maplewood Ramsey County, Minnesota RESOLUTION NO. A RESOLUTION REQUESTING AN ADMINISTRATIVE VARIANCE FROM STATE -AID RULE 8820.2800 SUBPART 2 FOR CITY PROJECT NO. 02 -07 County Road D Realignment, Surcharge, Pond Wetland Mitigation WHEREAS, the City Council of the City of Maplewood has approved City Project 02 -07 County Road D Realignment, Surcharge, Pond, Wetland Mitigation, and WHEREAS, said improvement project was constructed between Trunk Highway 61 and Hazelwood Street along the approved Ramsey County State Aid Highway alignment for County Road D. WHEREAS, said improvement project was necessary to be constructed to provide for the subsequent construction of the following approved State Aid projects: S.A.P. 138- 121 -03 S.A.P. 62- 619 -025 S.A.P. 138 - 010 -11 S.A.P. 62 -691 -026 S.A.P. 138 - 020 -29 S.A.P. 138- 020 -30 WHEREAS, the City of Maplewood let bids prior to receiving final State -Aid approval in order to minimize delay and potential financial penalties /claims by adjacent property owners; and WHEREAS, State Aid Rule 8820.2800 subpart 2 states "only those projects for which final plans are approved by the state -aid engineer before opening bids or approving a force account agreement area eligible for state -aid construction funds ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City of Maplewood hereby requests an administrative variance from State Aid Rule 8820.2800, Subpart 2. ADOPTED by the Council this 10 day of December, 2007. MAYOR ATTEST: CITY ADMINISTRATOR �r r k , -CW N'ry RoAp R EALIGNME NT SFGMtNT I D D a r Agenda Item 18 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 2 DATE: November 19, 2007 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 2 is necessary to realign a section of sanitary sewer on Beam Avenue, just west of Highway 61, due to some construction conflicts that arose with the addition of the Maplewood Toyota parking ramp. One corner of the ramp was located within feet of the existing sanitary sewer. The sanitary sewer needs to be realigned to allow for future maintenance or construction activities on the sanitary sewer main. Also, the existing sewer in this location is in need of replacement due to poor soils in the area. Sections of the pipe have settled and caused the line to sag. Representatives of Maplewood Toyota have agreed to finance 50% or $17,500 of the cost to realign the sanitary sewer and have agreed to be assessed for this cost. The remaining 50% can be absorbed into the project budget and no increase in funds is required. Budget Impact Change Order 2 will increase the construction contract by $34,985.00 to $2,421,478.80. The project budget will need to be modified to account for the additional funds to be received from Maplewood Toyota in the amount of a $17,500 assessment. It is recommended that the city council approve the attached Resolution for the Modification of Existing Construction Contract, Change Order Number 2. Attachments: 1. Resolution 2. Change Order 2 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-17, CHANGE ORDER 2 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. 2. 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. 2 in the amount of $34,985.00. The revised contract amount is $2,421,478.80. 2. The finance director is hereby authorized to modify the project budget by making the following fund increases: Page 1 of 2 PROJECT NAME: PROJECT NO: CONTRACTOR: CHANGE ORDER NO.: DATE: CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS CarMaxlMogren Addition Improvements City Project 06 -17 Frattalone Companies Two (2) October 31, 2007 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #2 - CHANGE ORDER #2 Temporary Inlet Protection EA Item $500.00 $1,000.00 9 Unit CY No. Item Description Unit Quantity Price Amount 1 Salvage Tree EA 4 $125.00 $500.00 2 Salvage Fence LF 105 $4.00 $420.00 3 Abandon Sanitary Sewer LF 130 $2.00 $260.00 4 Remove Bituminous Driveway SY 100 $2.00 $200.00 5 Sawcut Bituminous Driveway LF 40 $1.00 $40.00 6 Remove Curb LF 45 $5.00 $225.00 7 Silt Fence LF 50 $5.00 $250.00 8 Temporary Inlet Protection EA 2 $500.00 $1,000.00 9 Topsoil CY 55 $7.00 $385.00 10 Coarse Filter Agg. Foundation TONS 200 $25.00 $5,000.00 11 Granular Bedding CY 50 $10.00 $500.00 12 Select Granular Borrow CY 10 $10.00 $100.00 13 8" PVC Sanitary Sewer LF 135 $36.00 $4,860.00 14 Connect to Existing San. Sewer EA 2 $2,720.00 $5,440.00 15 Sanitary Manhole 48" Diameter EA 3 $2,000.00 $6,000.00 16 2" Polystyrene Insulation SY 40 $5.00 $200.00 17 B612 Concrete Curb & Gutter LF 45 $35.00 $1,575.00 18 4" Concrete Sidewalk SF 350 $5.00 $1,750.00 19 Bituminous Driveway Pavement SY 75 $35.00 $2,625.00 20 Install Salvaged Fence LF 105 $11.00 $1,155.00 21 Install Salvaged Tree EA 4 $125.00 $500.00 22 Sod SY 500 $4.00 $2,000.00 TOTAL SCHEDULE CO #2 $34,985.00 TOTAL NET CHANGE ORDER NO.2 $34,985.00 CONTRACT STATUS: Original Contract: $2,374,426.30 Net Change of Prior Change: $12,067.50 Change this Change Order: $34,985.00 Revised Contract: $2,421,478.80 Page 2 of 2 Recommended By: Kimley-Horn and Associates, Inc. By: Date: Agreed to By: Frattalone Companies By: Date: Approved By: City of Maplewood By: Date: Mayor By: Date: City Engineer VADNAIS HEIGH 11 s4 9. COTTAGE LANE LN. 10, COTTAGE LANE LN. 11. COTTAGE LANE LN. @COUNTY ROAD D Q I Sunset HIGHRIDGE CT. Ridge Park z Q ` I of " U to w =; I J LYDIAUAVE. Ic-n- w� E t1 � P BEAM AVE. 0 T COUNTY ROAD COUNTY ROAD D CT. }I u D CIR. 1 VILLAGE TR. D 61 Q !1 g CHAMBERLAIN ST. t J t 8 v_ 6. ! LEGACY Q� O MINGWAY T 8. COTTAGE LANE LN. Ir 7 5 I1 COUNTY ROAD D 10. f-1 u 11 WOODLYNN Legg acy AVE. S Vifloge GVLD ~ Pa rfk re R 1. SUMMIT CT. ST. JOHN'S 2. COUNTRYVI CIR. BLVD. 3. DULUTH tn Z ? i— o w f l BEAM FO I"ZZ Location / Kohlman Lake \\ w >z 11 KOHLMAN g AVE. W I; \ - COUNTY ! ;' ROAD p kohlman CIO Park S� rGIJ ± {t} J Manufactured p { ��1,�\ I O J V) 1 Housing s �/, t Q Z O Estates 7D! I �e -)W Z � v w 5 2 h ° aN : 3 CT co ii w 4 CON ,NOR 0 AVE. Z ,ION AVE.. ! pFz W 4r 3 1 - J O 113 U tb i Iw �� )OKS �' � J CT. -J Q � j l � Q -J AVE TANT GERVAIS AVE. �kwY no scale o = w Markham Q Pond ,\I X C) �- Z Q North Hazelwood (fit} Q w Park w m C , c� R Z I O 1 J i ii W Z_jj tYM= � I i I w GO ; DEMONT I AVE. m >-' IBROOK I; E F G AVE. Harvest C) Park 0� I M ,I JFour NT A � 0 GRANDVIEW AVE. `. i Project Location Mogren Street Improvement 00 -17 LUM-1i Agenda Item 19 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Infiltrationlinflow Reduction Program, City Project 06-02, Resolution Authorizing Submittal of Grant Requests for Foundation Drain Tile Disconnection Program DATE: November 9, 2007 INTRODUCTION Maplewood has been identified by the Metropolitan Council Environmental Services (MCES) as having an excess clear water problem in our sanitary sewer system that is called infiltration and inflow. MCES is making grants available to disconnect foundation drains from residential homes. Approval to participate in the program is recommended. Project Background Beginning in 2005, Maplewood faced a surcharge that approached $250,000 due to the excess water that was in our sanitary sewer system mainly during rain events. The City has investigated and determined a number of causes for this excess flow, ranging from holes in pipes under 1-94 south of 3M to footing and foundation drains improperly connected at residential homes. So far in 2005 — 2007, Maplewood has successfully implemented programs to eliminate any surcharge from MCES. MCES is now offering grants up to $1,000 per private foundation drain disconnected from the sanitary sewer. These grants would be paid through the City to private property owners. Attached is a summary sheet from MCES on the program. This program is consistent with Maplewood's investigation into our problems and will benefit our property owners. There is no expense to the City other than administration by the staff. It is recommended that the city council approve the attached Resolution Authorizing the Submittal of Grant Requests for the Foundation Drain Disconnection Program. Attachments: 1. Resolution RESOLUTION AUTHORIZING SUBMITTAL OF GRANT REQUESTS FOR FOUNDATION DRAIN DISCONNECTION PROGRAM WHEREAS, the City Council of Maplewood, Minnesota has previously been identified by the Metropolitan Council Environmental Services (MCES) as having excess infiltration and inflow in its sanitary sewer system, and WHEREAS, MCES is offering a grant program to help defray the cost to private property owners for the disconnection of foundation drains. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTAthat: The City Engineer is hereby authorized and directed to apply for grants pursuant to the MCES Foundation Drain Disconnection Program. ETC$ a , 12 1 PWI 01 • M ' 0 . mam ==5 1 WO • 7. .•- RE: ASSESSMENTS FOR FALSE ALARM BILLS, SAFETY The alarm ordinance adopted by the Council on 8-28-95 includes a provision that unpaid false alarm charges shall be certified as special assessments. On October 23' sixteen letters were sent advising companies that their unpaid invoice(s) for false alarm charges, abatements and safety inspections would be added to their property tax bill for next year if payment was not made within 30 days. A few payments were received in response to these letters. The remaining unpaid bills that should be certified as special assessments are as follows: $ 500.00 for Maplewood Manor at 2266 Duluth $1597.50 for Kayi K. Vang (diseased Tree Removal) 2421 Tevlin Ct. $ 51.00 for State Farm Insurance at 601 Marquette Ave. #100 (Safety Inspec $ 25.00 for Silver Ridge Apartments at 6363 N. State Highway Suite 800 $ 206.00 for Color Point Signs at 1421 Edgewater Rd. (Safety Inspec.) $ 125.00 for Alan Merricks Corner Kick at 1357 Cope Ave $ 312.50 for Uyen Pham at 2347 Hillwood Dr. E. (abatement) $ 295.00 for Kan B Thao at 2266 Hoyt Ave E. (abatement) $ 225.00 for Wael & Raed Younis at 1068 Lakewood Dr. N (abatement) $1,063.50 for John Chu at 1700 McMenemy St. N (abatement) It is recommended that 1) the attached resolution be approved to certify these false alarm charges for collection with property taxes payable in 2008. P\perm\FALSE ALARMSDOC RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2007, collectible in 2008, and which includes interest at the rate of eight percent (8%) on the total amount for one year: PROPERTY ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT* Maplewood Manor Kayi K. Vang State Farm Insurance Silver Ridge Apartments Color Point Signs Alan Merricks Corner Kick Uyen Pham Kan B Thao Wael & Raed Younis John Chu 2266 Duluth 09.29.22.44.0158 $540.00 2421 TevIin Ct. 24.29.22.24.0049 $1725.30 601 Marquette Ave. #100 18.29.22.33.0037 $55.08 6363 N. State Hwy. Suite 800 25.29.22.32.0029 $27.00 1421 Edgewater Road 36.29.22.11.0056 $222.48 1357 Cope Ave. 10.29.22.32.0014 $135.00 2347 Hillwood Dr. E. 12.28.22.32.0040 $337.50 2266 Hoyt Ave. E 24.29.22.22.0062 $318.60 1068 Lakewood Dr. N 25.29.22.24.0070 $243.00 1700 McMenemy St. N 17.29.22.33.0012 $1,148.58 TOTAL $4,752.54 *Amount includes 8% interest. FTC]: 1011 RTA 01 0 . . FROM: Finance Director RE: Assessments for Unpaid Ambulance Bills for 2006 U� •� It is proposed that the attached resolution be adopted to certify $32,238.39 of unpaid ambulance bills as special assessments for collection with 2008 property taxes with interest at the rate of eight percent on the total amount for one year. Annually in December special assessments are levied for unpaid ambulance bills on property within Ramsey County. During the past 12 months letters were sent to individuals that had unpaid ambulance bills. The letters indicated that the balance due for ambulance services along with 8% interest would be added to their 2008 property taxes if payment was not made within 30 days. In response to these letters, payments and/or insurance data were received. For the remaining unpaid bills, property records were reviewed to confirm that the property owner name matched the ambulance service customer name. There were 21 matches and these are listed on the attachment for certification. It is recommended that the attached resolution be adopted to certify $32,238.39 of unpaid ambulance bills as special assessments for collection with 2008 property taxes with interest at the rate of eight percent on the total amount for one year. P\agn\assessments b—bills-2007 RESOLUTION RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $32,238.39 for collection with the taxes of said property owner for the year 2007, collectible in 2008 with interest at the rate of eight percent (8%) on the total amount for one year. 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This billboard iS located along Highway 388t17S0Gerv8isCourt on the Cooks Body and Mechanical property. Refer to the attachments. Reason for the Request In an October 22, 2007 settlement agreement with ClearChannel regarding Dynamic Display billboards, the city council agreed k} grant S CUP k}C|eaMCh8nn8|k}increase the height Ofthis billboard to 50 feet. In this agreement, the city council also agreed t0 allow the installation of two LE[) imaging, dynamic display sign ponS|3 on this billboard. Code Requirement This request requires 8 CUP for the following reasons: ~ Section 44-8380f the city sign code states that billboard height shoUbe|irnitedho 35 feet unless the city council grants a CUP for increased height. The billboard is a legal nonconforming sign inLhaLitdOe8nOLn1e8tUl8s8s inQ requirements: 1)itiS closer than 100 feet tO8 building (Topper VVOrld);2)itiS closer than 3O0 feet to any part ofGn interchange (the Highway 388ndVVhUB Bear Avenue inten:hang8);3\iLiS closer than 1O feet t0 the side lot line and; 4)it ia closer than 10O feet to the on-site pylon sign. The billboard was installed prior tn the current billboard restrictions and, therefore, i8 considered legal nonconforming. Code requires 8 CUP to expand Vrenlarge anonc0nfOrnninQ use. DISCUSSION As part of the October 22.2O0ClearCh8nne|Outdoor settlement agreement with the city council, it was also agreed to amend the city's billboard regulations to allow dynamic-display sign panels on the subject billboard. /\S8 condition of this CUP for increased billboard height, the city council may direct that the sign permit for the proposed height increase and dynamic-display sign panels installation shall be issued upon the adoption of the proposed "Prohibited Signs" amendment to the Sign Ordinance. COMMITTEE ACTION December 4.2OO7: The planning commission reviewed this request and voted tOtable taking 8CtkJO on this matter Unb| after the council adopts 8 dynamic-display sign ordinance. The Planning Commission proposes that it's review of this proposal is based upon the adoption Of the Dynamic Display Sign ordinance. Deadline for City Action The city's 00-dGyreview period for this proposal will end 0n January 1Q the city council doesn't act 0n this request on December 10,2O07, the city staff must notify the applicant in writing of an extension of the city review period under the rHqUir8nn8nLS of State Statute Section 15.89. RECOMMENDATIONS 1. City Council Motion to approve this conditional use permit bv adoption ofthe attached resolution specifying the terms and conditions required by City Code and necessary to implement the City Council Agreement approved on October 22, 2007 with Clear Channel Outdoor. CITIZEN COMMENTS Staff surveyed the 18property owners within 500 feet of this property for their opinion about this proposal. VVe received one reply which was inopposition. This reply was from Azure Properties, owner of Able Mini Storage to the east which read: "|GD1 writing in response t0 the proposal tO raise the billboard height 8t1790G8n/8iSCourt. On behalf ofthe owners ofAble Mini Storage, located at 1810 G8nxa|SCoUrL we would like LOsee the billboard height n3nn8in the same. Thank you. Ann BUd Azure Properties, Inc. Site size: 2.28 acres Existing Use: Cooks Body and Mechanical auto repair facility North: Cooks Body and Mechanical South: Highway 36 East: Able Mini Storage West: Topper World Land Use Plan: k81 (light manufacturing) Zoning: M1 APPLICATION DATE W8 received the complete application for this proposal on November 28.2OU7. State law requires that the city take action within 00 days Of receiving CO[no|8te applications. A decision OD this request is required by January 19, 2008. pn*n1xCl*ochonn*BinunordneWmour»a12nr#2oo Attachments: 1. CUP Resolution u. Looadon/ZoningMmp 3. Site Plan/Certificate «rSurvey 4. Applicant's Letter or Request dated November 0.o0Or o. Billboard Before/After Photo Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, ClearChannel Outdoor applied for a conditional use permit to increase the height of one of their existing billboards from 35 feet to 50 feet. This conditional use permit is also for the expansion of a nonconforming use since the billboard is closer than 1OU feet Lo a building and 3O0 feet k]aninterchange. WHEREAS, this permit applies to 1790 Gervais Court. The legal description is: Tract A, Registered Land Survey No. 257, Ramsey County, Minnesota. Subject to those parts embraced within State Highway No. 36 and Gervais Court. WHEREAS, the history of this conditional use permit is as follows: 1. On December 4, 2007, the planning commission held a public hearing to review this request. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. The city council reviewed this proposal and considered the Planning Commission's action OD December 4,2O07. The council also considered public testimony from the public hearing, reports and recommendations of the city staff and those inattendance. NOW, THEREFORE, BE|T RESOLVED that the city council approves the above described conditional use permit because: 1. The use vv0U|d be |Vc8tRd 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 ofthe surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment Vrmethods Of operation that would b8 dangerous, hazardous, detrimental, disturbing O[ cause a nuisance to any person or property, because of excessive noise, glare, SnnVk8, dust, odor, fumes, water orair p0||Udon, drainage, vvaL8r run-off, vibration, general unSiQht|ineS3, 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. 8. The use would be served by adequate public facilities and services, including atnaet3, police and fina protection, drainage structures, water and Sevv8r systems, schools and parks. 7. The use would not create 8xC8SSiv8 additional costs for public facilities Or 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to compliance with the following conditions (additions are underlined and deletions are crossed Out): 1. The proposed height increase shall follow the approved plan and shall take place within one year Of this approval. The city council may extend this deadline one additional year 8S provided byordinance. 2. The city shall issue 8 sign pennbtnincre8setheh8ightOfthisbiUbo8pdand8dd the two proposed dynamic-display sign panels upon the adoption Vfthe Prohibited Signs Sign Ordinance Amendment. The Maplewood City Council approved this resolution on 2007. . U) ................. . .......... D) 0 z LL Ft" GERVAIS AVE GERVAIS CT ... ... ...... ---------------------- -------- - ----- z ------- COPE AVE U) COPE AVE -j LU F ............ Location Map 1790 Gervais Court Clear Channel Outdoor Billboard Attachment 3 >i O o ra GERVAIS CQURT ; � _ ruro N8 25 49 E 79 O .- -+arc w>en •ece�. m sa*uavc f ewcmv,G' Nenxrr a �arxanuA r gu20rNG F 1 Rfip1� R£Nt }trdlT dF t'EMK•.,�CY2 . =9Ai.A.' 19t fELT(Apk1 `f CwCAN.'RT 9ttv Eifr.9Wi .. - iS'Nif KY SRt r -, �,avare.vr.> uxr cr .,mrsarn aea..Rrue><r r rRnNS=anr>'pc« F� k` L r� a ;4RitAetNr NGV N PNg$Rb .-- alGMCUH,f .A,Vr IJa FYEV..9MYS q� 'M £t£'V..WR! +fdawf c 1 St^N R£F fna.5 R£r(W I 17349 A 599�59'06 'W I &IUBOARO 9GN LOCA77CNJ SURVEY POP; S CLEAR+CHANNE p AD 6 0 s o SCALE IN FEET • DENOTES FWNII "", N4VUAIENT O DENOTES - IRDN RE -EtAre SET g MARKED By L)CEY5E N0. 22435 ,' LEGEND: Q MANHOLE • CA TCt1 BASIN O HYDRANT ® CATE VA W Z1 U METER 0 C4MMUNICAroN BOX * HANL.HOLE r9 ELEC. 64x ELEC. METER LIGHT 4 Powvp POLE �..� OVERHEAD VII SIGN GUARD POST CHAIN LINK FENCE WALL = .BUILDING LINE BITUMINOVS SURFACE CONGRETL SuPFACE LEGAL DESCRIPTION. Trail A, Req et—d Land Survey No 257 Ramsey C ty M sata 5u1 et to !nose pwt, emheaaM ,10l, St ,t, H 9be y No 36 and Gervoa Gourt. CERTIFFCATION: I Ithreby certify ,jbt this av y Wes preparetl by me w order my dwe k a�pttv y C.fh 4 pm o dO, Litmand Land Surmycr -A., the !awe at the ,gtate�bi esoea. - n Leh J. Nord , M,nncs t ipenpc Na. 2.033 Date of rvey �ct�y :t' j, 20hJ 9n Ir m� S.r»pr e e �a amP a n flk'Q (v AM1� nlmhrkne to � arq oe�?a rws a e loty ; N 5-u aepAe na reN.n m pr n ,xr:e r 5-+s 3onumwf NOTES: I. The a nlalfan al th s ­,;e, system i11 based rz Ram_ey Caant Coordmote GI¢ (NAD 33_96 Adjustment). Z No thew w s hm'shed In the preparataa of this ­y to venfy SM1p, the fegel deerrpE.w or the eRrete a of any eo —eats or ­,b­­ to the property, 3. Thl, survey des, not purperl, to ahaw NO imprav ,t, on the property. 4. BENCHMARK. Tap e! floor ele 6a a, the mo entrance to Walmart Iocoted of 5856 8—H, Rand, Werth Bear Loke Mlhnedotr, Efevo III- 922 -7 Net (..VU 881 FIE b FAG£ W'EGxYJRK f etl E FjE•,y'1 �CSS�tS OLL&CAR0 SIGN LOCA77ON SURISY FOR: PROPERJY ADDRESS: ELAN, FIELD, Et NOWAK, INC. 8f QHAAN Bv N0. OAIF rt a 7 CESSAPIION mp aabraseh swN Awf.wuMExr �r F790 terrors Co "SURVEYORS SINCE 1 8721T - fit kg7 srrE sFxcxuaRx: roa +✓ur uR frxvkANr i<� M MN }09 7415WA TA BLVD, MINNEJ.PO I,IS,M"N[$0TAU5425 Et61a:7nx � 9f.'_S6 fEf I fNAYEt g @f �YE OUTDODR h E� �N Ny CN IN WES: EFNSURVEY.CQM vwxi p tm, a vwe iSrt m N� �;ra h3 R _._. z &MLONG t . .- -+arc w>en •ece�. m sa*uavc f ewcmv,G' Nenxrr a �arxanuA r gu20rNG F 1 Rfip1� R£Nt }trdlT dF t'EMK•.,�CY2 . =9Ai.A.' 19t fELT(Apk1 `f CwCAN.'RT 9ttv Eifr.9Wi .. - iS'Nif KY SRt r -, �,avare.vr.> uxr cr .,mrsarn aea..Rrue><r r rRnNS=anr>'pc« F� k` L r� a ;4RitAetNr NGV N PNg$Rb .-- alGMCUH,f .A,Vr IJa FYEV..9MYS q� 'M £t£'V..WR! +fdawf c 1 St^N R£F fna.5 R£r(W I 17349 A 599�59'06 'W I &IUBOARO 9GN LOCA77CNJ SURVEY POP; S CLEAR+CHANNE p AD 6 0 s o SCALE IN FEET • DENOTES FWNII "", N4VUAIENT O DENOTES - IRDN RE -EtAre SET g MARKED By L)CEY5E N0. 22435 ,' LEGEND: Q MANHOLE • CA TCt1 BASIN O HYDRANT ® CATE VA W Z1 U METER 0 C4MMUNICAroN BOX * HANL.HOLE r9 ELEC. 64x ELEC. METER LIGHT 4 Powvp POLE �..� OVERHEAD VII SIGN GUARD POST CHAIN LINK FENCE WALL = .BUILDING LINE BITUMINOVS SURFACE CONGRETL SuPFACE LEGAL DESCRIPTION. Trail A, Req et—d Land Survey No 257 Ramsey C ty M sata 5u1 et to !nose pwt, emheaaM ,10l, St ,t, H 9be y No 36 and Gervoa Gourt. CERTIFFCATION: I Ithreby certify ,jbt this av y Wes preparetl by me w order my dwe k a�pttv y C.fh 4 pm o dO, Litmand Land Surmycr -A., the !awe at the ,gtate�bi esoea. - n Leh J. Nord , M,nncs t ipenpc Na. 2.033 Date of rvey �ct�y :t' j, 20hJ 9n Ir m� S.r»pr e e �a amP a n flk'Q (v AM1� nlmhrkne to � arq oe�?a rws a e loty ; N 5-u aepAe na reN.n m pr n ,xr:e r 5-+s 3onumwf NOTES: I. The a nlalfan al th s ­,;e, system i11 based rz Ram_ey Caant Coordmote GI¢ (NAD 33_96 Adjustment). Z No thew w s hm'shed In the preparataa of this ­y to venfy SM1p, the fegel deerrpE.w or the eRrete a of any eo —eats or ­,b­­ to the property, 3. Thl, survey des, not purperl, to ahaw NO imprav ,t, on the property. 4. BENCHMARK. Tap e! floor ele 6a a, the mo entrance to Walmart Iocoted of 5856 8—H, Rand, Werth Bear Loke Mlhnedotr, Efevo III- 922 -7 Net (..VU 881 FIE b FAG£ W'EGxYJRK f etl E FjE•,y'1 �CSS�tS OLL&CAR0 SIGN LOCA77ON SURISY FOR: PROPERJY ADDRESS: ELAN, FIELD, Et NOWAK, INC. 8f QHAAN Bv N0. OAIF rt a 7 CESSAPIION mp aabraseh swN Awf.wuMExr �r F790 terrors Co "SURVEYORS SINCE 1 8721T IIRAWNG NAME. kg7 SCLEARCHAN'NEL M MN }09 7415WA TA BLVD, MINNEJ.PO I,IS,M"N[$0TAU5425 33 -106 -PRO- ME CNECKEP OUTDODR PHONE'. (952) 5469837 FAX'. (952) 546-5939 508 No. 334 FILE NO. 5873 Ny WES: EFNSURVEY.CQM vwxi p tm, a vwe Attachment 4 CLEARCHANNEL OUTDOOR November 6, 2407 City of Maplewood 1834 County Road B East Maplewood, MN 55109 Re: Conditional Use application for billboard To whom it may concern: Please find enclosed a Conditional Use application and a Community Design Review Board application for our project at 1790 Gervais Court. The proposal is to raise the existing billboard height fifteen feet. This proposal is made as part of a settlement agreement recently approved by the city council. Please feel free to contact me with any questions or comments. Thank you for your consideration. Sincerely, Tom McCarver Vice President of Real Estate and Public Affairs Clear Channel Outdoor/Minneapolis Division 3225 Spring Street NE Minneapolis, MN 55413 612- 605 -5105 tmccarverQclearchannel. corn NOV 0 7 2007 - E- .rr-- -r ---- -M -- -- ---- ClearChannel outdoor 605 ^ 5104 rat; 612 645 ^ 5150 r:.. 3225 Spring St NE ^ Minneapolis, MN 55413 ° www.clearchannelaurdoor.com x p . .t '• '�: x x x xs' E l :x.uak:x m :.tl Agenda Item LI MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: December 5, 2007 SUBJECT: Owner/Manager Off-Sale Intoxicating Liquor License Introduction Nai Xiong Vang has submitted an application for an off-sale intoxicating liquor license to be used at Hillside Liquors, 1690 McKnight Road. Mr. Vang is also the new owner. Backjzround Mr. Vang was born in a refugee camp in Thailand. His family was sponsored by relatives living in Lacrosse, Wisconsin. He grew up in St. Paul and is currently living in Woodbury. Mr. Vang is currently working on his BS in Business Management through an online course at Pacific Western University. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Vang. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of St. Paul, Oakdale, Woodbury, and Maplewood and the counties of Washington and Ramsey. Mr. Vang 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 off-sale liquor license for Mr. Vang. Agenda Item L2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharleS/\hi Public Works Director/City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Desoto Skillman Area Street Improvements, City P 06~16, Resolution for Modification m Existing ����� ������ Construction Contract, , Change Order 4 DATDATE: November 15 .2007 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 for the Desoto-Skillman Area Street Improvements. This action was necessary due tO flooding 0f 8 business during the summer rain sLOrnnS. Project Background On May 14 m , 2007, the City Council awarded TA Schifsky a construction contract for utility and roadway improvements in the amount 0f$3.0S7 Change Order 1 for additional utility work was approved on July 23.2007. Change Orders 2 and 3 for additional work on sanitary sewer services and upgrades toa retaining wall along Desoto Street were approved Vn September 24"'.2807. Change Order 4isdescribed Change Order 4 Additional Work Requests: ($ 63.855'80) Additional storm sewer work was required along Mississippi Street and Skillman Avenue to improve drainage on the north and south ends of Mississippi Street between County Road B and Skillman Avenue. Several rainfall events that occurred during the summer months exposed a major drainage problem associated with the Saint P8U| Business Center East (south of Mississippi Street). The Saint P8U| Business Center East flooded out twice during the heavy summer storms. This action iS necessary io resolve and avoid potential d8innS against the City. The drainage problem is o pre-existing condition but must be n]sV|Yed at this time due to area improvements. AStonn sewer system was built 8|OnQ 8ki||nn8n Avenue LO re-route drainage from the Business Center's private storm drainage system tVaditch along the east side of 1-35E. City staff also vvO[k8d in COn|uOCti0D with K8n/D[)TtO provide additional storm water treatment and drainage innpn)vRrnentG near the intersection of County Road B and Mississippi Street. Included within this work is grading of the park area on Mississippi 8Ln8Et. The tVL8| cost of the innpn]v8nlentS to Mississippi Street and Skillman Avenue 8nnnVnt8 to $119.475.80. [}Uhng the process Of [GCODStn]CtiOg area StReRta. 0vSr8U. it was found that |8SS SOi|S correction was needed to build the new street sections than originally anticipated. As8 result, 8 savings of $55.020.00 within the construction contract was realized. Therefore, the net cost of this change order iS$83,855.8U. Budget Impact Change Order 4 will increase the construction contract bv$83 revisions are required at this time as funds are available from the project contingencies. Agenda Item L2 hiS recommended that the city council approve Change Order 4 for the additional storm sewer work. The resolution for the Modification of Existing Construction Contract, Change Order Number 4 is attached. Auoo»monm: I. Resolution for Change Order 4 z. Change Order 4 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-16, CHANGE ORDER 4 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 No. 4. 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 No. 4 in the amount of $63,855.80. The revised contract amount is $3,300,536.77. Page 1 of 2 CHANGE ORDER CITY OF P D PROJECT NAME: Desoto - Skillman Area Street Improvements PROJECT NO: City Project 06 -16 CONTRACTOR: T.A. Schfisky and Sons Inc. CHANGE ORDER NO.: Four (4) DATE: November 14, 2007 The following changes shall be made in the contract documents: REVISE SCHEDULED ROADWAY IMPROVEMENTS Item Unit No. Item Description Unit Quantity Price Amount I Additional Select Granular Borrow (CV) CY -6,000 $9.27 - $55,620.00 TOTAL SCHEDULE D ROADWAY IMPROVEMENTS 455,620.00 ADD BID SCHEDULE- MISSISSIPPI DRAINAGE Item No. Item Description Unit Unit Quantity Price Amount 1 Clearing Tree 5 S 250.00 $1,250.00 2 Grubbing Tree 5 S 250.00 $1,250.00 3 Remove Sewer Pipe (storm) LF 440 $ 21.00 59,240.00 4 Remove Fence LF 50 $ 12.00 $ 600.00 5 Remove Drainage Structure EA 8 $ 366.00 $2,928.00 6 Common Excavation CY 2,370 S 9.00 $21,330.00 7 12" HDPE LF 40 S 40.00 $1,600.00 8 15" HDPE LF 170 S 41.25 $7,012.00 9 18" HDPE LF 130 S 44.00 $5,720.00 10 24" RC PIPE LF 39 S 60.00 $2,340.00 11 30" HDPE LF 50 $ 63.50 $3,175.00 12 30" RC PIPE LF 30 S 85.00 52,550.00 13 15" RC PIPE Apron and Trash Guard EA 1 S 915.00 S 915.00 14 24" RC PIPE Apron and Trash Guard EA 1 $1,925.00 $1,925.00 15 30" RC PIPE Apron and Trash Guard EA 1 $1,540.00 51,540.00 16 Construct Bulkhead EA 2 S 245.00 S 490.00 17 F &I Rigid Insulation (.c watermain SY 8 $ 14.50 $ 116.00 or service crossing 18 Construct Drainage Structure Design EA 3 $2,585.00 $7,755.00 48 -4020 19 Construct Drainage Structure Design EA 2 53,482.00 56,964.00 60 -4020 20 Construct Drainage Structure Design EA 4 $1,532.00 56,128.00 (2'x3' box) 21 Construct Drainage Structure Design EA 1 $4,500.00 $4,500.00 Page 2 of TOTAL NET CHANGE ORDER NO. 4 CONTRACT STATUS: Original Contract: $3,097,587.90 Net Change of Prior Changes: $139,093.07 Change this Change Order: $63,855.80 Revised Contract: $3,300,536.77 Reconunended By: Kimley -Horn and Associates, Inc. By: Date: Agreed to By: T.A. Schfisky and Sons Inc. By: Date: Approved By: City of Maplewood By: Date: Mayor Bv: Date: $63,855.80 City Engineer Special- outlet control structure -54" 22 Construct Drainage Stricture Design EA 1 $4,179.00 $4,179.00 Special- outlet control structure -48" 23 Connect to Ex. Drainage Structure EA 2 $1,222.00 $2,444.00 {MH, CBMH or build over existing pipe} 24 Random Rip Rap Class III CY 24 $ 92.00 $2,208.00 25 Install Chain Link Fence LF 350 S 15.00 $5,250.00 26 Silt Fence, Type Heavy Duty LF 340 $ 4.07 $1,383.80 27 Inlet Protection EA 9 S 400.00 $3,600.00 28 Filter log, Type Straw Bioroll LF 110 S 6.00 $ 660.00 29 Erosion Control Blanket, Category IV SY 840 S 4.00 $3,360.00 30 Seeding, MnDOT Mixture No. 250 AC 2 $2,500.00 $5,000.00 31 Seeding MnDOT Mixture No. 310 AC 0.25 58__,250.00___ $2,062.50 TOTAL MISSISSIPPI DRAINAGE $119,475.80 TOTAL NET CHANGE ORDER NO. 4 CONTRACT STATUS: Original Contract: $3,097,587.90 Net Change of Prior Changes: $139,093.07 Change this Change Order: $63,855.80 Revised Contract: $3,300,536.77 Reconunended By: Kimley -Horn and Associates, Inc. By: Date: Agreed to By: T.A. Schfisky and Sons Inc. By: Date: Approved By: City of Maplewood By: Date: Mayor Bv: Date: $63,855.80 City Engineer O < L 1 0 Cn Cf') Cn J GO < Cf) n Cf � cn ry q V E. ELD RIDGE ]EL D M e h , r1ine Cn u� Cf) �7 0 C < BELMONT 0 - LN. F _� X/ Lake _J cn SKILLMAN AVE. SKILL 'n AV E. BEL CIO Cf) U AVE. F O < c) y >- Z- LLJ 0 < ry ry M C/-) GATEWAY M SUMMER :D < MT VERNON M n AVE AVE. w Cn LLJ L'J RIPLEY Cn _J < 0 0 0 1 TOENJES _�­ Roselawn Edgerton Park >_ LJ_J n, < Ca n Western 7 - PL. < M ry RIP LEY < PL ZV- Park AVE. bi ry 0 Z � : ;7 III 7; - Li V Lu A 0 AVE BELLWOd AV E. BEL LVVUUU I Cn I— A 0 C/-) GATEWAY M SUMMER E. SUMMER LN. LJ_J ry CT. Lj J RIPLEY Cn 4,v SU MER D — u CD z Western 7 - PL. < M ry RIP LEY > K I N GSTO N < AVE. Hills 0 bi 35E � _ l NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn I— A >_ III C/-) GATEWAY Cn Cf) J RIPLEY AVE. 4,v Cn '5 CD z n < ry M Cn > K I N GSTO N < AVE. bi ry 0 Z � : ;7 III 7; - Li V Lu PRICE z AVE. n n H P < w AVE n 35E � _ l NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharleS/\hi Public Works Director/City Engineer Jon j@[OsCh ' Staff Engineer SUBJECT: Ferndale Geranium Area Street Improvements, City Project 07~14, Approval of Assessment Objection Waiver Agreements DATE: December 1o"' 2007 The city council approved the extension of sanitary sewer and waterm8ininLinwood Avenue at the November 1 9th council meeting. This utility extension iS being performed under City Project O7-14,Ch8nQ8 Order 1. The properties benefiting from this extension are to be assessed for a portion of the construction COStS. The city council will consider approving the assessment objection waiver agreements. The home at2578Linwood experienced 8fire that destroyed the structure. |n order k} rebuild, they had 0J either upgrade the septic system or connect to public sewer. Instead 0f installing a new septic field, which can cause environmental concerns, the property owners at25Y8 requested that the City provide sanitary sewer and water service t0 their property. The neighboring property owner (2588 Linwood Avenue) requested that these utilities bR extended t0 their property @swell. |O order tO expedite the process, 83the construction season is coming L0 an 8nd, this project is being performed under Change Order Number 1 L8 the Ferndale-Geranium Area Street Improvements, CitvProject 07-14. lFhisChange Order was approved by the city council ot the November 1 9th .20U7meeting. The construction of this utility extension began on Monday, November 26 th , 2007. Staff was subsequently notified bv the property owner Lo the east 0f2588 Linwood Avenue (25S0 Linwood) that their well had begun k}fail. They requested that the City extend service LV their property 8swell. Since time was Cfthe essence, as the construction was already underway, staff made the decision to extend services to 2596 Linwood Avenue. All three property owners have been informed of their assessment amount, $2O.00O.UO. and have signed their assessment objection waiver agreements. It is recommended that the city council approve the attached assessment objection waiver agreements. Attachments: 1. Location Map 2. Assessment Objection Waiver Forms I IF1 L LONDIN LN. � Crestview ya U) Park It POND 0 n PO r L < ry MAI LAN D KING ST. zt C) n Mailand 0 U� Vista Hills 7- 0 Pork Park FEAK— < 0 HOOD -- �D 0 TEAKWOOD DR. CT. r) OAKRIDGE DR. 3: Uj HILLWO07D III — 7 1 ry @) c n 2. bi DR. ry SID",/Vcs 0 o LINWOOD O' DAY . jj MARY LN. cf >— LN. Y'Apy [if /-- AVi�. PONDS OF < U) O'DAY >— BATTLE CREEK < GOLF CIR. -P 0 COURSE w 25 1. CRESTVIEW FOREST ry 1 DR. 1. 2. III 1-- 2. DEER RIDGE (/) LN. ::Z� 4 ": PROJECT LOCATION HIL Og K R IDG C ry z 25 aY� C7-. W o AVE. HL AVE. DAHL ��)OD CT. AV E PRO Oj � LLJ r) . L-3 C-) :;- r 0 z C) ry -i bVLU z 1 Applewood ry ry RED Q O Park SPLEN ER If (Y ry Zt TIMBER CIR. r) > TIMBER TR. 1-- 6 W P Lu LER WHITE 0,4t( SNOWDRIFT @) CT. CIR. RE V) Lij ry cr_ < PHYLIS CT. I NE VALLEY DR. 2 3 2 NE VIEW Y VIEW AVE. REDP11V 3 3 NE V. < C/ . 1 1 1 1 (3 Cn Cn Cn AV 7� 2. HIGHWOOD no scale Linwood Avenue Utility Extension AGREEMENT This Agreement, dated the day of , 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Nicole Porter, the property owner of 2578 Linwood Avenue.. WHEREAS, the City is provided sanitary sewer and water sewer to the property of 2578 Linwood Avenue; WHEREAS, Nicole Porter own the property described by address and property identification numbers as: 2578 Linwood Avenue: PIN 132822120004 NOW THEREFORE, the City and Nicole Porter agree to make the following agreement: 1. Pay to the City $20,000 in assessments for sanitary sewer and water main and services. The breakdown of assessments is as follows: Sanitary Sewer and sewer service $ 10,000 Water Main and water service $ 10,000 Total $ 20,000 Nicole Porter has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the 2578 Linwood with the amount to be $20,000. The assessments are to be paid over a fifteen (15) year period at an interest rate of 6 %. Nicole Porter agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). 3. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 4. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be Final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 5. The City's and Nicole Porter's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Nicole Porter, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. NICOLE PORTER 0 CITY OF MAPLEWOOD 0 Nicole Porter Date Diana Longrie Date Its: Mayor By: Greg Copeland Date Its: City Manager AGREEMENT This Agreement, dated the day of , 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Richard and Karen Doree, the property owners of 2588 Linwood Avenue.. WHEREAS, the City is provided sanitary sewer and water sewer to the property of 2588 Linwood Avenue; WHEREAS, Richard and Karen Doree own the property described by address and property identification numbers as: 2588 Linwood Avenue: PIN 132822120003 NOW THEREFORE, the City and Richard and Karen Doree agree to make the following agreement: 1. Pay to the City $20,000 in assessments for sanitary sewer and water main and services. The breakdown of assessments is as follows: Sanitary Sewer and sewer service $ 10,000 Water Main and water service $ 10,000 Total $ 20,000 Richard and Karen Doree have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the 2588 Linwood with the amount to be $20,000. The assessments are to be paid over a fifteen (15) year period at an interest rate of 6 %. Richard and Karen Doree agree to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 NW.2d 746 (Minn. 1953). 3. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 4. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. 5 Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be Final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. The City's and Richard and Karen Doree's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Richard and Karen Doree, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICHARD & KAREN DOREE Utz In By: Richard Doree Date Diana Longrie Karen Doree CITY OF MAPLEWOOD Date Its: Mayor Date By: Greg Copeland Date Its: City Manager AGREEMENT This Agreement, dated the day of , 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and David Rydel, the property owner of 2596 Linwood Avenue. WHEREAS, the City shall provide sanitary sewer and water service to the property of 2596 Linwood Avenue; WHEREAS, David Rydel owns the property described by address and property identification numbers as follows: 2596 Linwood Avenue: PIN 132822120002 NOW THEREFORE, the City and David Rydel agree to make the following agreement: 1. Pay to the City $20,000 in assessments for sanitary sewer and water main and services. The breakdown of assessments is as follows: Sanitary Sewer and sewer service $ 10,000 Water Main and water service $ 10,000 Total $ 20,000 David Rydel has been advised of the right to notice and a public hearing and right to appeal concerning the assessments proposed against the 2596 Linwood with the amount to be $20,000. The assessments are to be paid over a fifteen (15) year period at an interest rate of 6 %. David Rydel agrees to waive the notice of hearing, the hearing itself, and the right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). 3. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 4. Arbitration. It is agreed by the parties that any differences, dispute, or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be Final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 5. The City's and David Rydel's obligations under this Agreement shall be conditioned, for the sole benefit of the City and David Rydel, upon the following: A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. David Rydel 0 CITY OF MAPLEWOOD 0 David Rydel Date Diana Longrie Date Its: Mayor By: Greg Copeland Date Its: City Manager Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharlesAhi Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Priory Public Improvements, City Project 07-24 Resolution Accepting Report and Calling for Public Hearing DATE: November 30 INTRODUCTION The council ordered the preliminary report for the public improvements at the Priory on July nv The report iS complete and iS available for review in the office Of the city engineer. Final copies Ofthe study will be made available to the city council prior to the public hearing. The study includes information on the proposed improvements, costs, financing, and probable assessments. For clarification purposes, the July 23 2007 council packet referred to the public improvements as the St. Paul Monastery Redevelopment Project, City Project 07-U2. City Project O7-02infontnapresentsthe private development PU[) portion of the project. The completed feasibility report coincides with the public improvements, not the private development portion of the project. The public improvements have been named Priory Public Improvements, and have been given G city project DunnbRrOfO7-24. The city council will consider accepting the feasibility study and ordering a public hearing for the public improvements. Two public roads are being proposed within the development site at the northwest corner of Larpenteur Century Avenue. Please refer tO attached map. The developer petitioned the city to conduct 8feasibility study regarding extension of the public streets and utilities into the site. The developer has already been given approval to move forward with the private development. The two proposed public roads within the site need to be public and would connect L8rp8nL8ur and Century. The roads will also Ue designed for 8 future connection from the north. The total project budget 83 reported iD the feasibility study kg$1 The public improvements made @S part O| the Priory Redevelopment are t0b8 fully assessed tO the improved property over 8 period Of eight (8) calendar years. It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:15 p.m., Monday, January 14 th , 2008, for the Priory Public Improvement project. Attachments: 1. Resolution 2. Executive Summary a. Location Map RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant t0 resolution Of the council adopted July 23[d.20O7.o report has been prepared by the city's engineering consultant, SEH, with reference to the improvement of the Priory Public Improvements, City Project 07-24, and this report was received by the council on December 10, 2007, and WHEREAS, the report provides information regarding whether the proposed project isneCeSSory. cost-effective, and feasible, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL [)FMAPLEVVOOD. 1. The council will consider the irnpn}venl8nL of the Priory PUNic |nnprVv8nn8nLs 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 $1,212,089. 2. A public hearing shall b8 held onsuch proposed improvement on the 14 m day ofJanuary, 2007 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. CITY OF MAPLEW000 PRIORY PUBLIC IMPROVEMENTS CITY PROJECT 07-24 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Priory Public Improvements ' City Project 07-24. The proposed project involves new street construction of approximately 1,500 feet along with sanitary sewer, storm sewer, and water extension into the development site. A series of ponds and infiltrations basins will be constructed on the site for water quality and rate and volume control purposes. The city will construct a trail along Larpenteurbetween Sterling and Century and the portion of the trail not fronting the Priory property will not be assessed to the Priory. The estimated costs for the proposed improvements are detailed below. These costs include allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Estimated Cost ($) Sanitary Improvements: 100,098 ( Water Improvements: 108.340 (1496) Street Improvements: 581.531 (4896) Drainage Improvements: 200.521 (2496) Larpenteur Trail: 67,601 (6%) Total Estimated Project Costs: It is proposed that the improvements be financed through a property assessment to the benefiting property. Financing Source Amount Developer Property Assessment: $1,144,488 (94Y6) The following ism proposed schedule for the project should the city council vote hnproceed: Receive feasibility study and order public hearing 12/10/07 Public hearing 0111408 Authorize preparation of plans and specs 01114/08 Approve plans and specs/authorize advertisement for bids 02/11/08 Bid date 03/14/08 Assessment hearing 10/13/08 Accept bids/award contract 03C24/08 Begin construction 04/14/08 Complete construction 08/26/08 Assessments certified bo Ramsey County 11/15/08 Based on the analysis completed as part of this report, the proposed Priory Public Improvement project is feasible, necessary and cost effective, and would bea benefit to the City ofMaplewood. z � SOUTH AVE. � 25 o 0 �SHW ELDRIDGE -� EL E RI E AVE - r r' AV E. 0 (n Co ul -- � f%VE. F- �� o BE LM ONTO cr rlr > • > AV E. CID r CD r'r t--4 AVE. Z GFRSVA�l' S � ICEMAN Q� w n C==� z L�SHRYEW A VE AVE. VOOD E!�� Z AVE. RYAN CT. cr- RYAN T rr' A C 0- Al GER 0 -1 DI: z 0 37 PL. 120 v co m WERN <E n HOLLOWAY, LLI TIE '/� AVE. c -- -i m >' MEA DOW DR. m KNOLL CIR. E3 RI AVE �GS m K I ITOA (n z �:Q V AV E. E. Cl) --i m PROJECT r x LOCATION z > < m LARPENTEUR AVE. _7 - Z n -< 77 C - x m IDAHO AVE. m 0 m 0 0 HOYT /��AV JE U) = x (n MONTANA AVE. ST. PALUS MONASTERY FILE NO. PHDNE: ( 490-2000 STMET AM QT FAMOVWEM AMAPLE0802.00 EXHIBrT -A Lff L 1 VIINAll 651) CENTER IR, ST. PAUL, MN 5511C) LOCATION MAP DATE: SEH MAPLMOOD, MNNMTA 11/14/07