HomeMy WebLinkAbout2006 09-11 City Council Packetmmumm
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1 NO " 119 1191 "IN WIO- 1 1
Council Chambers, City Hall
Meeting No. 06-23
1 . Minutes from the August 7, 2006 Council/Manager Workshop
2. Minutes from the August 28, 2006 Council/Manager Workshop
I Minutes from the August 28, 2006 City Council Meeting
Gervais Avenue Street and Storm Assessment, City Project 05-17
Assessment Hearing, 7 p.m
Approve Resolution for Adoption of Assessment Roll
Approve Resolution for Award of Bid
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 t.. genda and will be considered separately,
IdLILMTWTA 1 **1.
I & 1 L61 7xU
MINUTES
CITY COUNCIL /MANAGER WORKSHOP
Monday, August 07, 2006
Council Chambers, City Hall
5:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
Diana Longrie, Mayor
Rebecca Cave Councilmember
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach, Councilmember
Present
Present
Present
Present
Present
Others present:
City Clerk Guilfoile
Human Resource Director Le
C. APPROVAL OF AGENDA
Mayor Longrie
Seconded by Councilmember Hjelle
Ayes -All
D. NEW BUS
1. Hiring of City
Agenda Item E1
Council discussed the challenges the council and city will be facing the next five to ten
gears which included the budget, redevelopment issues, fostering new businesses and
ensuring the community center is "breaking even ".
Further discussion was held regarding desired minimum qualifications and preferred
qualifications for a new City Manager. Councilmember Cave encouraged thinking out
of the box to ensure guidelines set are not too restrictive and result in eliminating a
strong candidate.
Mayor Longrie would like guidance in the hiring process, but as the employers of the
City Manager would prefer a "hands on approach" to the process. Councilmember
Rossbach would like council to take control at 10 candidates.
Councilmember Juenemann shared from her experience during the hiring of the last
City Manager, the consultant company presented council with 9 applicants. With the
help of an interview committee the applicant pool was reduced to three with council
making the final decision.
City Council /Manager Workshop 08 -07 -06
Councilmember Hjelle presented his synopsis of what council has discussed they are
looking for in a City Manger.
Councilmember Rossbach moved to direct Interim City Manager Copeland (staff) to
begin the Request for Proposal process and submit 6 -10 talent searching companies
to council for approval.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Hjelle moved to adopt the following "baseline' of requirements for the
E.
F.
have the ability to communicate clearly and effectively, both orally and in writing. Be
able to formulate, initiate, and administer policies and procedures. , Applicant must be
able to effectively work with both the public and the council. They must have a stronc
backaround in re- development and fiscal management. A strona history in both the
government experience.
Seconded by Mayor Longrie
FUTURE TOPICS
1. August 14 Liquor License
ADJOURNMENT
Councilmember Hjelle
Seconded by Mayor L
Ayes -All
City Council /Manager Workshop 08 -07 -06
2
Agenda Item E2
MINUTES
CITY COUNCIL /MANAGER WORKSHOP
Monday, August 28, 2006
Council Chambers, City Hall
5 :00 p.m.
A. CALL TO ORDER
A workshop of the City Council was held in the Council Chambers at City Hall, and was called
to order at 5:10 P.M. by Mayor Longrie.
B. ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
C. APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as submitted
Seconded by Councilmember Cave Ayes -All
D. NEW BUSINESS
Discussion was held regarding the following workshop budget items:
2007 Budget: Building Maintenance
• Community Center
• City Hall
• Public Works
Taxable Values Report
Council interviewed the following applicants seeking appointment to the Historical Preservation
Commission
• Albert E. Galbraith, Jr.
• Ronald Patrick Cockriel
Appointments will be made at the following City Council Meeting.
E. FUTURE TOPICS
F. ADJOURNMENT
Mayor Longrie moved to adjourn at 7:07 p.m.
Agenda Item E3
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, August 28, 2006
Council Chambers, City Hall
Meeting No. 06-22
A. CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at C
7:10 P.M. by Mayor Longrie.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF AGENDA
M1. Jacob Wetterling
M2. Crestview Townhome Association
M3. South Leg Meeting
M4. Carver Sewer Repair Update
Mayor Longrie moved to approve the agenda as amended.
Seconded by Councilmember Hjelle Ayes-All
E. APPROVAL OF MINUTES
1. Minutes from the August 14, 2006 Council/Manager Workshop
Councilmember Juenemann moved to approve the minutes fron
nd was called to order at
Seconded by Councilmember Hjelle Ayes-All
2. Minutes from the August 14, 2006 City Council Meeting
Councilmember Juenemann moved to approve the minutes from the August 14, 2006
Council/Manager Workshop as amended.
Seconded by Councilmember Cave Ayes-All
F. VISITOR PRESENTATIONS
1. Nancy Lazaryan, 10734 West Lake Road, Rice, readdressed questions she posed at the
August 14th City Council Meeting.
2. Elizabeth Sletten, 804 Village Parkway, Circle Pines, questioned when she will be notified or
begin receiving the data practices request she submitted in June.
City Council Meeting 08-28-06
1
3. Joe Keller, 1655 Keller Avenue East, Maplewood, submitted a No Parking/Stop Sign Petition.
4. William Kayser, 6408 81' Avenue, Brooklyn Park, commented on a Maplewood property and a
data practices request.
G. APPOINTMENTS/PRESENTATIONS
1. Appointments to the Historical Preservation Commission
a. Mayor Longrie presented the report.
Mayor Longrie
Commission.
Seconded by Councilmember Cave Ayes-All
H. PUBLIC HEARINGS
1 Kenwood Curb Assessment, City Project 05-16
Assessment Hearing
Approve Resolution for Adoption of Assessment
a. Environmental Man
presented the report.
iearing (8:00 p.m.), c,
were heard:
.aring.
for proponents or
b. Mayor Longrie opened the
opponents. The following
None
the public
Councilmember Rossbach mov(
assessment roll for the Kenwoo(
received within the staff repot ar
obiections will be referred to the
with recommendation to the Citv Council on
UTION 06-08-104
ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on August 28 2006,
calling for a Public Hearing, the assessment roll for the Kenwood Area Street Improvements,
City Project 05-16, was presented in a Public Hearing format, pursuant to Minnesota Statutes,
Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
As of August 18, 2006, staff has received no written objections to the proposed
assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections
received, as noted above, along with any and all objections filed at the Assessment Hearing,
and report to the City Council at the regular meeting on September 11 2006, as to their
City Council Meeting 08-28-06 2
recommendations for adjustments.
2. The assessment roll for the KSnvvOVd Area Street Improvements @Samended,
without those property owners' assessments that have filed objections, acopy of which is
attached hereto and made m part hereof in hereby adopted. Said assessment roll shall
constitute the special assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
3 Such assessments shall be payable i 8] annual i
period of 15 years, the first installments to be payable on or before the first Monday in January
2007 and shall bear interest at the rate of 5.9 percent per annum for the date of the adoption of
this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2006. To each subsequent
installment when due shall be added interest for one vear on all unoaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 1, 2006, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city clerk,
except that no interest shall be charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and they may, at any time after November 1, 2006, pay to the county
auditor the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year.
5. The city i 1 but O0later
than November 15 2006 transmit a certified duplicate of this assessment t0 the county auditor
k}be extended On the property tax lists the assessments shall bH collected and
paid over the same 'manner @S other municipal tax
SeCOndedbv CouuncMmemmberJUeDeDl@mn /\
10101IRM�1
|ic Improvements, City Project 06-10
d Town Houses (2666 Highwood Avenue)
Use Permit for Planned Development Revision
vrei iminary mat
Resolution Ordering Improvement (4 votes)
Environmental honewkO presented thepVbliCi0proVementnepnrL
Civil Engineer Kummer provided further specifics from the report.
C. Commissioner Pearson presented the Planning Commission report.
d. Planner Roberts presented the project approval report.
e. Phil 8o6v the applicant, 2OU East Chestnut Street, Stillwater, was present for council
questions.
Mayor LoD ieppeOedthepUNiChe@hng(g:03p.D1].C@UingforprQppneDtSVr
opponents. The following persons were heard:
Kip Johnson, Project Engineer for the Developer
Chris GHrkH.26GOHighvvV0d Avenue East, Maplewood
Sharon Soby, Realtor and applicants wife
City Council Meeting 08-28-0
9. Mayor Longrie closed the public hearing.
Councilmember Cave moved to approve the following resolution. This resolution approves a
conditional use permit revision for a planned unit development for the Property at 2666
Highwood Avenue to be known as Cottagewood. This site is on the south side of Highwood
Avenue, east of Dennis Street. The city bases this approval on the findings required by code:
CONDITIONAL USE PERMIT REVISION RESOLUTION06-08-105
WHEREAS, Mr. Phil Soby, representing the project developers, applied for a conditional use
permit (CUP) revision for the Cottagewood residential planned unit development (PUD).
WHEREAS, this permit applies to the Cottagewood town house development plan the city
received on July 7, 2006 for the property at 2666 Highwood Avenue. The legal description is:
Subject to State TH 100/117 and HWY 393, the north 1100 feet of the West 173 feet of the East
198 feet of the West 1 /2of the NE 1 /4of the SE 1 /4of Section 13, Township 28, Range 22,
Ramsey County, Minnesota. (This is the property to be known as Lots 1-15 of the proposed
Cottagewood)
WHEREAS, the history of this conditional use permit is as follows:
1. On August 7, 2006, the pl
published a notice in the paper and
planning commission gave persons
statements. The commission also ci
The planning commission recomme
permit.
nning commission held a public hearing. The city staff
ant notices to the surrounding property owners. The
t the hearing a chance to speak and present written
isidered reports and recommendations of the city staff.
Jed that the city council approve the conditional use
2. On August 28, 2006, the city council discussed the proposed conditional use permit.
They considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit because:
1 . The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to
any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or
air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
City Council Meeting 08-28-06
8. The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans for 49 15 detached town houses oa approved by
the city. The city council may approve major changes to the plans. The Director of Community
Development may approve minor changes to the plans. Such ch shall i d d
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation.
( All driveways at least 20 feet wide. If the developer wants to have parking on one side of
the main driveway, then it must be8[ least 28 feet wide. However, widening of the d[iVew8y
must not lessen the side setback Vf the driveway from the east property line.
CB All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Also,
review and possibly revise the parking d area at the south end Vfthe
site t0maximize the number 0f trees b]besaved and to minimize the amount Of hard surface
area.
Ni Revised storm water pond locations and designs as suggested D[ required bvthe
watershed district or city engineer. The ponds shall meet the city's design standards.
(5) The developer minimizing the Jos,
and protecting as many of the large trees
parking areas.
or removal of natural vegetation including keeping
Q the undisturbed area south CJ the town houses and
2 construction must be
approval or the permit shall end. The cot
3. Have the city
iubstantially started within one year of council
- icil may extend this deadline for one year.
istruction and engineering plans. These plans 8h8U
in the engineer's memo dated July 28, 2006. These
b. Showing no grading or ground disturbance in the conservation easement. This land is to be
preserved for open space purposes. The developer and contractors shall protect this area,
including the large trees that are in and near the south side of the site, from encroachment from
equipment, grading or filling.
c. Include @ storm water management plan for the proposal.
4. The design nf all ponds shall meet Mao|nvvnod'o design atandandnandmhaUbenubexcttothe
approval of the city engineer. K needed, the developer shall be responsible forontbnganyof-
site pond and drainage easements.
5. The developer or contractor shall:
City Council Meeting 08-28-06
a. Complete all grading for the site drainage and the ponds, complete all public improvements
and meet all city requirements.
b. Place temporary orange safety fencing and si at the grading limits.
C. Remove any debris Vr junk from the site, including the conservation area.
dProvide the city with verification that the town houses nn the proposed site plan will meet the
state's noise standards. This shall be with a study, testing or other documentation. If the noise
OO this site is a factor, then the iU have build th
meet the noise standards. This may be done wi thicker walls windows, requiring air
conditioning nr other sound-deadening construction methods. developer shall provide the
city with this documentation before the city will issue a building permit for the town houses.
G. The approved setbacks for the principal structures i
m.Fno setback (fnzm m public street or m
—35feet �
b. Rear-yard setback: 12 feet from any
c. Side-yard setback (k]vvD hVUSeS): OoiDiOoUDl Of
feet between units.
7. The deve O[ builder wi
unit at the time of the building permit for each housing unit.
8. Submit the homeowner's
): minimum 20 fee[ [D@Xn1u[D
pedv|inn
m a side property line and at least 12
(PAC fees) for each housing
for review and approval.
9. The developer shall provide a permanent means to preserve and maintain the common open
space. This may be done by conservation easement, deed restrictions, covenants or public
dedication. The developer shall record this document with the final plat and before the city
issues a permit for grading or utility construction.
10. The city council shall review this permit in one year.
11. This approval does not include the design approval for the townhomes or any signs. The
project design plans, including architectural, aLM, site, lighting, tree and landscaping plans,
shall be subject to review and approval of the community design review board (CDRB). The
projects shall be subject to the following conditions:
a. Meeting all condition and changes @S required bv the city council.
b. For the driveways:
(1) Minimum width - 20 feet.
(2) Maximum width - 28 feet.
(3) All driveways less than 28 feet iD width shall bH posted for "No Parking" OO both sides.
Driveways Ed least 28 feet wide may have parking 0n one side and shall be posted for NV
Parking on one side.
C Showing all changes required by the city 8S part of the conditional use permit for the planned
unit development /PUD\
City Council Meeting 08-28-0
12. The city shall not issue any building permits for construction on an outlot (per city code
requirements). The developer must record a final plat to create buildable lots in the preliminary
plat before the city will issue a building permit.
Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle,
and Juenemann
Nay-Cou ncil member Rossbach
Mayor Longrie moved to approve the Cottagewood Preliminary Plat (received by the city on Jul
2!9L
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Have Xcel Energy install Group V rate street lights in
intersection and near the south end of the driveway. Th
subject to the city engineer's approval.
d. Pay the city for the cost of
e.Provide all required and n
f. Demolish or remove the existing hou,
buildings, fencing, trailers, scrap metal,
g. Cap and seal all wells on site that the
drainfields, subiect to Minnesota rules a
h. Complete
replace the
ZT!
i. Install a sign where
private driveway.
intersects Highwood Avenue indicating that it is a
i. Install survey monuments and signs along the edges of the conservation easement area.
These signs shall explain that the area beyond the signs is a conservation easement area and
that there shall be no building, fences, mowing, cutting, filling, dumping or other ground
disturbance in that area. The developer or contractor shall install these signs before the city
issues building permits in this plat.
2. Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The
plans shall meet all the conditions and changes listed in the memo from Michael Thompson
dated July 28, 2006, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b.The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site.
The lot lines on this plan shall follow the approved preliminary plat.
, street id
a
ts, including
ns - primarily at the street
e and location shall be
and no parking signs.
easements.
e site, and remove all other
the site.
ers are not using; remove septic systems or
uidelines.
r on Highwood Avenue on the north side of the site. This is to
Highwood Avenue and shall include the restoration and
City Council Meeting 08-28-06
i2\ Contour information for all the |@Dd that the CVDstR]Ctk)O will disturb.
(3) Building pads that reduce the grading on sites where the developer canmave large
tn*nm.
(4) The proposed street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1. On
slopes steeper than 3:1, the developer shall prepare and implement a stabilization
and planting plan. At a minimum, the 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.
(8) All retaining walls 0O the plans. Any
building permit from the city. Th8dS
top of any retaining wall that is tallei
(7) Sedimentation basins or
engineer.
(8) No grading beyo the plat boun
affected property owner(s).
(9) AS little grading as pV,
many of the existing trees on the
iing walls taller than four feet require a
er shall install a protective rail or fence on
four feet.
�d by the watershed board or by the city
mpor@ry grading easements from the
south 0f the houses. This is|D keep GS
, poss
=�
c. The street, driveway and utility pla
(1) The driveway shall be a nine-ton design with a maximum grade of eight percent and the
maximum grade within 75 feet of the intersection at two percent.
( The the city
engineer determines that curbing is not necessary for drainage purposes.
( The unused driveways and the completion or the curb and gutter 0n the
south side of Highwood Avenue and the restoration and sodding Of the boulevards.
(4) The coordination of the water m ain ali 8DdgizinQVYhhUl8 standards and
i[ements of the Saint Paul Regional Water Services (SPRWS).Fire flow
irements and hydrant locations shall be verified with the Maplewood Fire Department.
easements (5) All utility excavations located within the proposed right or within
The developer acquire easements for all utilities that would bH outside the project area.
(0) The plan and prof Ofthe proposed Ub|UbeS.
(7) A detail of any ponds, the pond nUt|8[s and the rainwater gardens. The contractor
Sh@|| protect the outlets to prevent enDSiOD.
(8) The minimum cul-de-sac size to meet the public safety needs while preserving as many
trees as possible.
d. The drainage pk@D Sh@U ensure that there is no increase in the rate of storm water run
leaving the site above the current (predevelopment) levels. The developer's engineer shall:
City Council Meeting 08-28-0
/1\ Veri inlet and pipe capacit
(2) Submit drainage design calculations.
e. The tree plan shall:
M\ Be approved, along with the landscaping, by the Community Design Rev Board
(CDRB) before site grading or final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement and screening trees. The
deciduous trees shall be at least two and one half (2 1 /2) inches in diameter and shall be a mix of
red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees
shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and
other species.
(4) Show DO tree nHOOOv@| in the buffer zV
approved grading and tree limits.
�
(5) Include for city staff a detailed tree pla
(6) Group the new trees together. These pl
(8) (b)
`-'
3. Cha
@.Adbjdraima
showing a 20
b. Show drain
easements sl
the side prop
near the ponding areas
on the slopes
along the west side of the E
to the west
the planting of at least 37 t
plat as follows:
3e and utilitv easements as
bel the co
d]f allowed, show
Um
conservat easement, or beVVOdth8
n and material list.
shall be:
the proposed buildings from the homes
after the site grading is done.
bv the city engineer. This shall include
ient along the north side of Lot 15.
id utility easements along all property lines nn the final plat. These
ten feet wide along the front and rear property lines and five feet wide along
i areas as an outlot or as outlots.
ie conservation easement OD the final plat.
to the engineer department rev nf the construction plans.
5. Secure and provide all required easements for the development including any off-site
drainage and utility easements. These shall include, but not be limited to, an easement for the
culvert draining the pond at the northwest corner of the plat.
6.The developer shall complete all grading for public improvements and overall site drainage.
The city engineer shall inc in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
7. Sign @ developer's @greenlentwithUle city that guarantees that the developer OrCQntn3CtOr
City Council Meeting 08-28-0
o. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
C. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the
developer connects tQthe public utilities and builds the private driveway.
8. Record the following with the final plat:
@. All homeowner's association documents.
b. A covenant nrdeed restriction that prohibits any further
parcels in the plat that would create additional building sit(
c. A CnVen8Ot or deed r8s[hchqO that prohibits
driveway shown OUthe project plans) from gUi|
d.Th8 conservation G@0e0eOt for the undisturbed area
The applicant shall submit the language for these
approval before recording. The city will not issue
recorded the final plat and these documents and
8° Submit the homeowners @s,;
development. These are tO@SSu
of the common areas, outlots, pri
10. Obtain G permit from the
11. If the developer decides to final plat I
community development may waive any
or splitting of the lots or
driveways (besides the one new
lod Avenue.
site.
s and restrictions
permit until after the developer has
bylaws and rules to the director of community
ere will be one responsible party for the @D{e
ies, driveways, retaining walls and structures.
,hington Metro Watershed District for grading.
irt of the preliminary plat, the interim director of
onclitions that do not apply to the final plat.
12 The developer shall complete all grading for public improvements and overall site
drainage. The agreement any grading that the
developer or contractor has not completed before final plat approval.
*The developer conditions before the city issues 8grading permit or
approves the final plat.
Seconded by Mayor Longrie Ayes-Mayor Longhe Cave
GOdJU8OeD18DD
Councilmember Juenemann moved to adopt the following resolution ordering the improvement of
deve|VDD1ent (New Business) for which it would service:
RESOLUTION 06-8-106
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 14dl day of August, 2OO8 fixed odate
for o council hearing on the proposed public improvements for the Cottagewood Subdivioion
City Project 06-10.
City Council Meeting U8-28-0G 10
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on August 28, 2006, and the council has heard all persons
desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, and feasible, mm detailed inthe feasibility report, that the
City of Maplewood make public improvements to the proposed Cottagewood Subdiviminn
Development, City Project 06-1O.
2. Pertaining Un City Code Section 4O-90 regarding naqui
within one year, a waiver in hereby given, due tn special
addresses: 2692.367O.3684. and 268OHighvvpVdAv*e
required upon septic system failure.
3. Such improvement ia hereby ordered aapro
day of August 2006.
4. The city engineer is designated engineer for this imp
prepare final plans and specifications for the making of
connection to city sewer
nCeG,b] the following
ectipn to the city sewer will be
e council resolution adopted the 28th
Otand is herebv directed 1D
5. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $110,762.92 shall be
established. The proposed financing plan is as follows:
Developer assessments: $ 110,762.92 (100%)
Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle,
and Juenemann
Nay-[oUDcUmember RosSbach
CONSENT AGENDA
Mayor Longrie moved I
Seconded by Councilrr
Mayor Longrie moved I
notice section is added
Seconded by Councilrr
Hjel le Ayes-All
Mayor Longrie moved to approve the conditional use pe
that school activities shall be completed by 6:00 p.m., litt
iarbage can will be outside, the school will contain grad
maximum of 60 students, and four evenina events to ao
Seconded by Councilmember Rossbach Ayes-All
enda item 4 with the conditions
Councilmember Hjelle moved to ar)l)rove consent agenda item 6.
Seconded by Councilmember Cave Ayes-All
Councilmember Hjelle moved to apProve consent agenda item 7.
City Council Meeting U8-28-0G 11
Seconded bvCounni|mennberCave |
COun[j|mGmb8rHjeUG moved to approve consent agenda item 10.
Seconded byCounci|membnrCave Ayes-All
1. Approval QfClaims
ACCOUNTS PAYABLE:
$ 321.902.03 Checks #70G2Uthm#70G06
dated 0809/06thm08/15/06
$ 135 Disbursements via debits to oh
dated 08/04/06 thru 08/10/06
$ 178,378.00 Checks #70G07thm#70714
dated 08/15/06 thm08/22/06
$ 262,97053 Disbursements via debits to checking
dated 08/11/06 thru 08/15/06
$ 898,279.51 Total Accounts
PAYROLL
$ 483
$ 2
Tota
and Direct Deposits dated 08/11/06
3n check # 105892 thru # 105893
2. Authorization to Make Payment for Microsoft Enterprise Agreement Yearly Bill
Approved payment of the bill for the Microsoft Enterprise Agreement.
3. Comforts Of Home, City Project 06-O6,
Approve Developer's Agreement
Approve Storm Water Maintenance Agreement
Approved the Developer's Agreement and Storm Water Maintenance Agreement
between Comforts of Home, Inc. and the City of Maplewood.
4. Conditional Use Permit Review — Liberty Classical Academy /1717 English Street)
Planner Robert provided a brief staff report. Craig Vote|,1730 Atlantic Street, submitted
a petition to the city. Rebecca Hagstrom, Director of Liberty Classical Academy
addressed various neighbor complaints.
City Council Meeting U8-28-0G 12
Mayor Longrie moved to approve the conditional use permit School activities shall be
completed by 6:00 p.m., litter will be picked up as needed, a garbage can will be outside,
the school will contain grades kindergarten through Stn grade with a maximum of 60
students, and four evening events no later than 9:30 p.m.
5.
R
h
Seconded by Councilmember Rossbach Ayes-All
Alcohol Compliance Grant
Accepted the $1,620 alcohol compliance grant from the Alcohol and Gambling
Enforcement Division of the Minnesota Department of Public Safety.
Police Mutual Aid Agreement with Washington
Approved the Police Mutual Aid Agreement
Buckthorn Removal
Awarded the low bid of $6,603 to Natural
honeysuckle removal to include cutting, I
burning at Kohlman Creek Neighborhood
open space budget.
8. Lawful Gambling — Pi
Club at
Bear Avenue
Adopted the following lawful gambling resolution application for the Pioneer Booster Club:
RESOLUTION 06-08-101
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
Bleechers Bar located at 2220 White Bear Avenue, Maplewood, Minnesota.
Ml
FURTHER
Division of the N
compliance with
C'ity Council waives any objection to the timeliness of
nnesota Statute §349.213.
RE, that the Maplewood City Council requests that the Gambling Control
alsota Department of Gaming approve said permit application as being in
inesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
9. Holy Redeemer Parish — Temporary Gambling Permit
Adopted the following resolution approving temporary gambling for Holy Redeemer
Church, 2555 Hazelwood Street on October 25, 2006:
RESOLUTION 06-08-102
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood
Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
rces Restoration for buckthorn and
le treatment, hauling, stacking and
ire with the monies allocated form the
City Council Meeting 08-28-06 13
of application for said permit as governed by Minnesota Statute. 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit as being in compliance with
Minnesota Statute. 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council
of Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval.
10. Maplewood Community Center Intoxicating Liquor License
Adopted the request for proposal for liquor providers as outlined with the understanding that
the city council will be making a final selection at the October 23, 2006 City Council
Meeting.
11. Temporary Gambling —American Liver Foundation —Myth Night Club
Adopted the following resolution approving the temporary gambling for the American Liver
Foundation at the Myth Nightclub for on September 24 th.
RESOLUTION APPROVING C
BE IT HEREBY RESOLVED, by the City Council of
temporary permit for lawful gambling is approved for the Ai
the Myth Night Club 3090 Southlawn Avenue, Maplewood,
FURTHERMORE, that the Maplewood City Council
timeliness of application for said permit as governed by M4
FURTHI
Division of the P
with Minnesota
NOW, T
Council of MapI
approval.
AWARD OF BI
1. Lift Stati
Construl
a. Environi
b. Mark Ja
any objection to the
Statute. 349.213.
RMORE, that the Maplewood City Council requests that the Gambling Control
Ainnesota Department of Gaming approve said permit as being in compliance
Statute 349.213.
HEREFORE, BE IT FURTHER RESOLVED that this resolution by the City
ewood, Minnesota be forwarded to the Gambling Control Division for their
1 18 Rehabilitation, City Project 05-29, Receive Bids and Award
Manager Konewko presented the report.
ay Bros., Inc., was present for council questions.
Councilmember Hjelle moved to accept the low bid from Jay Brothers, Inc. in the amount of
$98,606.36 for the rehabilitation of lift station #18.
Seconded by Councilmember Juenemann Ayes-All
K.
UNFINISHED BUSINESS
MnDOT Property at TH 5 and TH 120, City Project 03-20, Consider Approval of Letter of
Notice to ISD #622 of No Support for Bus Garage Relocation
a. Environmental Manager Konewko presented the report.
City Council Meeting 08-28-06
G 06-08-103
Maplewood, Minnesota, that the
ierican Liver Foundation for use at
Minnesota on September 24, 2006.
14
b. The Following persons were heard:
Kay Green, 2507 Knoll Circle, Maplewood, submitted a petition opposing the building of
a bus garage to council.
Barb Telser-Gadow, 2525 Knoll Circle, Maplewood
Mayor Longrie read the following email from Joe Fox, Ramsey County, into the record:
/ will not be able to attend your meeting on Monday night-I am (
the Minnesota State Fair and it is impossible for me to be off of
is just a very brief message to let you know that / would very mi
allowing the District 622 to move their bus garage to the site on
environmental impact to this area would be devastating to this t
construction were allowed. I would appreciate your denial of th
Resident — 1821 Myrtle Street Joe Fox
Councilmember Cave moved to adopt the followina letter to I
Property at TH 5 and TH 120:
August 28, 2006
Members of School Board
Independent School District No.
2520 E 12 Avenue
North St. Paul, MN 55109
RE: Propos
Dear School 8
We, the memt
the operations
rage Facility
of the board of managers at
grounds that evening. This
support your disapproval of
Ivy 120 and Hgwy 5. The
ind area if this type of
equest. Maplewood
District No.
)rs of the Maplewood City Council, would like to acknowledge our full support for
and financial planning of Independent School District No. 622. We have
in the development of our communities and strongly agree on the programs
betterment of our youth within our area.
The Maplewood City Council has reviewed a number of proposals that your staff in cooperation
with the City of North St. Paul and MnDOT have developed over the past years for relocating
your bus garage facility to property within Maplewood. After careful consideration of each of
these proposals, we must inform you that it does not appear to us to be a reasonable request
that your facility be relocated within the city limits of Maplewood. We are currently struggling
with issues surrounding a bus facility on our western city limits. Given our knowledge of those
impacts on area residents along with the impacts on the environmental features at the TH 5 —
TH 120 site, it is our conclusion that a bus garage facility at this location is not supported by this
Council and we encourage you to abandon your efforts at this location. We intend to pursue
other concepts that include environmental features and wetland enhancement.
Thank you for your consideration. We look forward to our continued efforts in developing youth
programs in our community.
Sincerely,
Mayor Longrie and the Maplewood City Council Members
City Council Meeting 08-28-06 15
Seconded bvCOunCi|n1GmberJuHmHnl@nn |
NEW BUSINESS
1. Stop Si @ndP@rkng Restriction Requests:
1715 Rosewood Ave S
Atlantic Street and Leland Rd/Junction Ave
Bush Ave and Meyer StN
Frank St and Edward StN
K8mi|and Rd E and Crestview/High point Curve
@. Environmental Manager KQnevvkV presented the
b. Engineer Kummer presented further specifi
C. The following persons were heard:
Connie S amel, 1205 Leland Road, Maplewood,
opposing the proposed removal of stop signs at
Leland Road and Junction Avenue (two interse(
Dale Trippler, 1201 Junction Avenue, Maplewo(
Jerry Markie, 1247 Leland Road, Maplewood
Gerald Berreth, 785 Meyer Street, Maplewood
Counc member Juenen1@nn
Seconded by Councilmember |Uel|e
Council
Seconded by Councilmember Juenemann
UM0101�
intersections of Atlantic Street with
Ayes LonVrie
He||e and Rnnnbonh
Nay-Councilmember Cave
Council member Hjel le moved to approve the 4-way stop condition at Bush and MeVer Street.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Hjelle moved to approve the 4-waV stop condition on Frank and Edward.
Seconded by Councilmember Juenemann Ayes-All
Counc member J uenemann moved to denv a stoD condition on Mai land Road at this ti me but
Seconded bvCOund|nn8n1berCave |
Coumj|memberCave moved to continue the meeting until all agenda item are addressed.
Seconded bv Mayor LODghe Ayes-Mayor LVOghe.CoUnd|0e0be0
Cave.andRnmabanh
Noyo-[:ounni|mnmbomH'e||eand
JuenSrn@nn
City Council Meeting U8-28-0G
16
11:30 p.m. - A ten minute break was taken.
Due bJG pri obligation, Councilmember H left the meet 8t11y10p.Dl.
2. Easement Vacation — Erickson (2G99Hazelwood
a. Senior Planner Eho[nand presented the report.
Councilmember Cave
purpose:
EASEMENT VACATION RESOLUTION 06
WHEREAS, Mr. utility easement
OD the south side 0f his �nJ�S�Y �
located at
WHEREAS, the abutting property owner to the south,
Street, is also requesting the vacation of the adjacent 15
of her property.
WHEREAS, this easement is described as follows:
property .
Carol Henkes at 2681 Hazelwood
)f utility easement on the north side
A permanent 30 foot easement for public utilities over, across and through that part of Lot 6,
Gardena Addition to wit: Said easement being described as: The south 30 feet of the north 190
feet of Lot 6, Gardena Addition, Ramsey County as recorded. Torrens Certificate No. 276056.
WHEREAS, on August 7, 2006, the planning commission held a public hearing. The city staff
published a notice in the Maplewood Review and sent a notice to the abutting property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered reports and recommendations from the
city staff. The planning commission recommended that the city council approve this request.
WHEREAS, on August 28, 2006, the city council approved this request after considering the
recommendations of staff and the planning commission.
WHEREAS, after the city approves this vacation, the public interest in the property will go to
Mr. Erickson and Ms. Henkes.
THEREFORE BE IT RESOLVED that the city council approve the above
because this utility easement is not needed and, therefore, would serve no public
ME
unoi|nnennberROeSb@Ch |
3. Hill-Murray School (2M25L@ rAVeUUe)
Conditional Use Permit Rev
Design Approval
m. Planner Roberts presented the report.
b. Commissioner Pearson presented the Planning Commission Report.
C. BoordnnennberSohud«e presented the Design Review Board report.
City Council Meeting U8-28-0G 17
d. Craig Rafferty, architect for Hill Murray school responded to council questions.
Councilmember Cave moved to adopt the following resolution approves revisions for the
conditional use permit for Hill-Murray school and athletic facilities at 2625 Larpenteur Avenue
East:
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-08-108
WHEREAS, Hill-Murray High School requested that the city revise their existing conditional
use permit for a school and athletic facilities.
WHEREAS, this permit applies to the property at 2625 Larpenteur Avenue East. The legal
description is:
Part of the S'12 of the SE 1 /4of S 13, T 29N, R22W, Ramsey County, MN (PIN 13- 29- 22 -43-
0002)
WHEREAS, the history of this conditional use permit revision is as follows:
1 On August 7, 2006, the planning commission he
published a notice in the paper and sent notices
The planning commission gave persons at the h(
written statements. The commission also considf
the city staff. The planning commission recommE
conditional use permit.
2. On August 28, 2006, the city council discus
revision. They considered reports and reco
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the
conditional use permit revision, because:
the
i public hearing. The city staff
he surrounding property owners.
ng a chance to speak and present
J reports and recommendations of
ad that the city council approve the
sed conditional use permit
from the planning commission
council approve the above-described
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.
d not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
thatwould be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
City Council Meeting 08-28-06 18
10. The city CVUDd| may waive any of the above requirements for @ public building or Ub|dv
structure, provided the council shall first make a determination that the balanc of public interest
between governmental units of the state would be best served by such waiver.
Approval is subject to the following conditions:
All construction shall follow the plans @s noted below:
8. For the athletic fields, f0|k]vv the h3D date—stamped K4@[Ch 6
— For t sc -- r--no l ot add f o ll ow t p - --
_ For t ch ape l add f o ll ow t he p date-stamped O ctober
d. For the field house, follow the plans dated June 28, 2006. These i
2
3
5
9
The interim director qf community development may approve 0iO0rct
The proposed construction for the Ghapel 5
one year 0f council approval V[ the permit
deadline for one year. �
The city council sha review this permit annually to
related to the use of the athletic fields.
Any new lights shall be installed t
aimed so they do not cause any
Post and maintain signs on the edge of th
mowing, cuffing, dumping withir
shall be placed edge Of the lawn
�
That portion of the proposed |NOg/nJOO
built with a pervious material.
Ensure that all
st 30 feet from the Sterling Street and L@ r
The city may require the applicant to plant 30 native species of trees for screening between the
playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the
conditional use Dermit.
9. The school shall prepare for city approval @ UJ[f management D|GD for the athletic fields. This
plan shall include the mowing, watering and fertilizing practices that the SChOO| will fd|Ovv in the
care of their athletic fie lds and grounds. The school shall prepare and follow the plan Gnthe
practices will minimize the impact of the storm water run off on the nearby wetlands.
10. Submit a grading and drainage plan for watershed district approval b} prov sedimentat
control at the storm water discharge point before it dumps into the south wetland area.
Seconded bv Mayor LnnQhe |
)addition must bG sub-
shall end. The council
city code. Th
Dr0b|eOOSOD �
uffe
May 1S.1999.
1.
ly started within
xtend this
the traffic and parking situations
res that they Le screened or
or residential properties.
:)Uffer prohibiting any building,
buffer si in the nlovxod area
ath that is within 50 feet of the wetland shall be
City Council Meeting U8-28-0G 19
MGyorLOngrie moved to approve the proiect plans date-stamped June 28, 2006, (site plan,
landscape plan, grading and drainage plans and building elevations) for the field house addition
at Hill-Murray School at 2625 Larpenteur Avenue. The city bases this approval on the findings
reguired by the code. The developer or contractor shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
2. Complete the following before the city issues a building perm
a. Have the city engineer approve final
shall include: UU|itv drainage, erosion control, tree and sidewalk plans. The plans shall
meet the following conditions and shall meet all the conditions and changes noted in Steve
Kummer's memo dated July 14, 2006.
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for the site and for the
building addition.
(b) Include contour information for the land that the construction will disturb.
(c) Show all retaining walls on the plans. Any retaining walls more than four feet tall
require a building permit from the city and shall have a fence along the top.
(d) 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 surroundinq areas.
(]) The design of the ponding area and any rainwater garden(s) shall be subject to the
approval of the city engineer. These plans shall correct the drainage problem on the south side
of the track and field. The city may require some type of mmnn water uMP for treatment of any
flow into this low area from impervious surfaces.
b. Submit @ certificate Vf9urvev for all new construction.
0it8 revised landscape plan to staff for approval that incorporates the following details:
( areas shall be sodded. The city engineer shall determine the vegetation within the
ponding area.
(2) The contractor shall install landscaping inthe p0DdinQ area tO promote infiltration. Such
|@DdSC@piDg shall be approved bv the city engineer and shall be shown VDthe project |@DdSC8pe
p|8Og. -
(3) That shows the manicured or mowed areas from the natural areas. This shall include
pk@DbDg (iOStS@d of sodding) the disturbed areas 8[0UDd the pODdiDg area with O8bwe grasses
and native flowering plants. The native grasses and flowering plants shall be those needing
little or no maintenance and mhm|| extend at least four feet from the ordinary high water mark
({}HVVW1)0fthe pond. This iStO reduce maintenance costs and tO reduce the temptation of
mowers to enCn08Ch into the garden.
City Council Meeting 08-28-06 20
(4) It shall be approved bv the city engineer before site grading and shall be consistent with
the approved grading and landscape plans.
(5) Showing the birch clumps being mt least 2}6innheoindiameter.
d. Have the Saint P@U| Regional Water Services (SPRVV8) approve the proposed utility p|8DS.
e. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be15O percent of the cost of the work.
3. COD1p|Ht8 the following before occupying the building addition:
a. Replace property irons that are removed because of this ction.
b. Install refeCtV[zedstop signs @t@UexitS Dg sign for each handicap-parking
space and @O address 0n the building.
c. Post a "no left turn" sign at the easterly cu
d. Paint the roof-top mechanical equipment to match the building color if the units are visible.
The applicant shall provide screening enclosures around the units if they are visible from
residential properties.
e. Meet all the requirements of
t Restore and sod damaged bOu
g. Complete all landscaping and turf
h. Install and
design. pond) and ai
L Install on-site
exterior lighting
The |i
ired
marshal.
id sod all turf areas.
)n for the building addition.
I landscaping (including the plantings around the
r all landscaped areas (code requirement).
hting for security and visibility that follows the approved site lighting plan. |
all follow the approved lighting plan that shows the light spread and fixture
'ixtures must have concealed lenses and bulbs to properly shield glare from
: right-of-ways and residential properties.
i Install all Ui
plete@U
ments, including all exterior lighting.
ing for the site drainage and meet all city requirements.
(3) Place temporary orange safety fencing and signs Gt the grading limits.
4. K any required work is not done, the city may allow temporary occupancy if:
@. The city determines that the work is not essential to the public health, safety 0rwelfare.
b. The above-required letter Of credit O[cash HSC[Ovv is held by the city for all required
exterior improvements. The owner O[ contractor shall complete any unfinished landscaping bv
June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of
occupancy if the building in occupied in the spring orsummer.
5. All work shall follow the approved o|@DS. The director pf community development may
approve minor changes.
City Council Meeting U8-28-0G 21
6.This approval does not include signs. Any signage will be reviewed by city staff through the
sign permit process.
a
2
Seconded by Councilmember Cave Ayes-All
4. White Bear Avenue Family Health Center (2099 White Bear Avenue)
Conditional Use Permit
Design Approval
a. Senior Planner Ekstrand presented the report.
b. Commissioner Pearson presented the Planning Commission report.
C. Boardmember Schurke presented the Design Review Board report.
d. Randy Wagner architect for the applicant was present for council questions.
Councilmember Cave moved to adopt the following resolution approving a conditional use
permit for the vacant Property north of 2055 White Bear Avenue. This approval is for a medical
clinic in an M1 (light manufacturing) district that would be within 350 feet of residential Property:
CONDITIONAL USE PERMIT RESOLUTION 06-08-109
WHEREAS, B.I.C. Development Inc. applied for a conditional use permit to construct a
medical office building within 350 feet of residentially-zoned property. The proposed building
would be set back a distance of 190 feet from the abutting residential district.
WHEREAS, this permit applies to the
The legal description is:
of 2055 White Bear Avenue.
All that part of Lot 2, Block 6, SABIN GARDEN LOTS lying Southerly of a line running from a
point on the Westerly line of said Lot 2 distant 158.25 feet Southwest of the Northwest corner
thereof to a point on the East line of said Lot 2 distant 136.3 feet South of the Northeast Corner
thereof; all of Lot 3 in said Block 6; and all that part of Lots 4 and 5 in said Block 6 lying
Northerly of a line running from a point on the Westerly line of said Lot 4 distant 368 feet
Northeast of the Southwest corner of Lot 6 in said Block 6 to a point on the East line of said Lot
5 distant 368 feet North of the Southeast corner of said Lot 6; according to the plats thereof on
file and of record in the office of the Register of Deeds of Ramsey County;
Subject to easements as shown hereon.
WHEREAS, the history of this conditional use permit is as follows:
On August 7, 2006, the planning commission recommended that the city council approve this
permit. The planning commission held a public hearing. 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 city council reviewed this request on August 28, 2006. The council 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:
The use would be located, designed, maintained, constructed and operated to be in conformity with
the City's Comprehensive Plan and Code of Ordinances.
City Council Meeting 08-28-06
22
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity process, materials, equipment or methods of operation that
vv0U|d be dangerous, h@z@rdOUS detrimental, disturbing Or cause 8 nuisance tO any person Or
property, because of excessive noise, g|@ne. 9[nVke. dust, Odor, fumes, water Or air p0||UtioD
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traff ODlocal streets and would not create traffic
congestion V[ unsafe access VO existing V[ proposed streets.
O. The use would be served by adequate public fac ilities
protection, drainage structures, water and sewer systems, schools and parks.
7. The use wou not c excess add costs for publ f
8. The use would maximize the preservation Of and incorporate the site's natural scenic features
into the development design.
9. The use would cause minimal adverse onvnon
Approval is subject to the following conditions:
1. All construction shall follow the site plan that the city has date-stamped July 17, 2006. The
director of community development may approve minor changes.
2. The proposed construction must be substantially started, or the proposed use utilized, within one
year of council approval or the permit shall become null and void. The council may extend this
deadline for one year.
3. The city council shall review this permit in one year.
4. All parking lot lights must have concealed bulbs and lenses so as not to shine into neighbors'
windows. This lighting must not give off more light than a typical residential wall or yard light.
Light-intensity maximums must meet code requirements.
5. Provide a revised landscaping plan that has an evenly spaced/staggered double row of
evergreens along the north property line where the trees are spaced no more than 10 feet on
center in each planted row. The applicant shall also revise the landscaping plan to provide 14
trees spaced at 30 feet on center along the White Bear Avenue frontage between the entrance
drive and the north lot line. There shall also be two trees planted south of the entrance drive.
6. The grading of the site to the west is not allowed to prevent problem resulting from difficulty with
tu rf restoration. Grading shall b8 limited [n that necessary tn blend grades between the
proposed site and the remaining undeveloped land to the west.
7. The gradin plan shall be revised for the approval of the city engineer deleting the narrow ponds
proposed between White Bear Avenue and the parking lot.
M. The applicant shall comply with all requirements stated iDSteve KUOOD1er'S engineer repor
dated July 28, 2006.
9. Prior b] getting 8building permit, the app shall dedicate 8 uniform G5 feet Of roadway
easement along the entire property frontage for future street widening. This shall be subject tO
the approval of the city engineer.
City Council Meeting U8-28-0G 23
Seconded by Mayor Longrie Ayes-All
Councilmember Cave moved to approve the plans date-stamped July 17, 2006, for the
proposed White Bear Avenue Family Health Center north of 2055 White Bear Avenue.
Approval is subject to the applicant/developer complying with the following conditions:
project.
Repeat this review in two years if the city has not issued a building permit for this
2. Comply with all conditions stated in Steve Kummer's engineering report dated July
28, 2006.
3. Obtain a permit from the Ramsey/Washington Metro Watershed District before the
issuance of a building permit.
4. Install wetland-protection buffer signs around the mitigated wetland and any
contiguous wetlands if needed by the watershed district. Wetland signs shall be spaced every
100 feet and shall comply with the city's approved sign design requirements.
5. All wetland and drainage and rainwater ponds shall be planted with plantings as
required by the watershed district and the city engineer.
6. The applicant shall enter into a maintenance agreement with the city and the
watershed district for the maintenance of ponds.
7. Revise the landscaping plan t(
of evergreens along the north property linE
center in each planted row. The applicant
trees spaced at 30 feet on center along th(
drive and the north lot line. There shall al,
The grading of the site to the west is not a
difficulty with turf restoration. Grading sha
between the proposed site and the remain
rovide for an evenly spaced/staggered double row
fhere the trees are spaced no more than 10 feet on
iall also revise the landscaping plan to provide 14
Vhite Bear Avenue frontage between the entrance
be two trees planted south of the entrance drive.
wed in order to prevent problems resulting from
)e limited to that necessary to blend grades
i undeveloped land to the west.
8. The grading of the site to the west is not allowed in order to prevent problems
g from difficulty with turf restoration. Grading shall be limited to that necessary to blend
between the proposed site and the remaining undeveloped land to the west.
9. The grading plan shall be revised for the approval of the city engineer deleting the
rrow ponds proposed between White Bear Avenue and the parking lot.
10. The applicant must provide an in-ground irrigation system as required by code. The
)und the pond does not need to be sprinklered.
*oof-top mechanical equipment shall be screened from the view of all
rties.
12. All site lights must be properly screened or shielded so the lenses and bulbs are not
visible off site from any home.
13. Provide cash escrow in the amount of 150 percent of the cost of completing the
landscaping and exterior site improvements before the applicant shall obtain a building permit.
14. The community design review board shall approve major changes to these plans.
Minor changes may be approved by staff.
City Council Meeting 08-28-06 24
15. The site plan shall be revised to add a right-in/right-out only turning movement to
and from the site. This detail shall be subject to the approval of the city engineer.
10. The site plan shall be revised to provide anix-koo[+wide. concrete sidewalk along the
White Bear Avenue boulevard. The location nf this sidewalk shall bn subject [n the approval of
the city engineer. This sidewalk shall be placed from the southerly lot line Of the site tOthe
northerly lot line.
Seconded bv Mayor LonQrie |
5. Cigarette and Tobacco Licenses — Compliance Failures
a. City Clerk Guilfoile presented the report.
b. The fdk]vvDg persons were heard:
Tim 8tinQer, Knoxvan'o Super Market
Mike Fuhr.BPAmoco
Jan Treble, Freedom Value Center
Mike FUh[ Second Appearance
Brian Bauman, The Rock Nightclub
Tao V@Dg. Big Discount Liquor
Mary KQppeD. Party Time Liquor
Councilmember Cave
/\bH'ST0b@CCV
Channpp'n
CVSPharmaoy
Hilltop Foods, It
Keller Lake Cor
$250
Knowlan's Supermarket
$250
Maplewood Amoco BP
ar $250
Rainbow Foods
$250
The Rock
Big Discount Liquor
Seconded by
Ayes-All 6. Maplewood Community Cente
Mayor Longrie moved to table this iterr
ite Bear Avenue Plantings
tV the 8eDtember11.2006
Council Meeti
Seconded by Councilmember Cave
M. COUNCIL PRESENTATIONS
2
3
Ayes-All
$60 $25 $250
$250
$250
Cave is coordinating G town meeting with the
Wetterling Foundation and requested council collaboration and suggestions.
Crestview Townhome AssociatiOn'Counci|memberRossbachrequested that the city research
taking over Crestview Drive and create an approval process and procedure for the acquisition of
private streets.
South Leg Meeti be[Rossbach@Dm0nced that the next south leg meeting will
be held October 26 th . Further details are available on the city website.
4. Carver Avenue Sewer Repair Uodate-Counci|mnmberRossbach asked Interim City Manger
Copeland to gather further information from City Engineers and Met Council to update residents
on the progress Qfthe project.
City Council Meeting 08-28-06 25
N. ADMINISTRATIVE PRESENTATIONS
City Council Meeting 08 -28 -06 26
Items tabled to the September 11. 2006 Citv Council Meetina
Agenda Item H1
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Michael Thompson, Civil Engineer 1
SUBJECT: Gervais Avenue Street Improvements, Project 05 -17
1. Assessment Hearing, 7:00 p.m.
2. Approve Resolution for Adoption of Assessment Roll
3. Approve Resolution for Awarding Construction Contract
DATE: August 31, 2006
INTRODUCTION
All property owners have been mailed a notice of the exact amount of their assessment, as well as notice
that they must submit a written objection either at or prior to the hearing if they disagree with the
assessment amount.
The city council should conduct the assessment hearing, receive any objections, refer those objections to
the staff for action at the September 25 2006 council meeting and consider approving the attached
resolution adopting the assessment roll without the property owners who have submitted objections.
Final plans and specifications for the Gervais Avenue Street Improvements were approved by the city
council on July 24 2006, and authorization was given to advertise for bids. Those bids were received and
subsequently opened on Wednesday August 30
Background
The project involves the reconstruction of 0.23 miles of commercial street with associated storm sewer,
sanitary sewer main repairs, and storm water treatment ponds for Gervais Avenue. The project also
includes a small street repair at the intersection of Connor Avenue and Duluth Street to fix the standing
water. Gervais Avenue is being constructed to its existing width and the location is being offset to the north
seven feet in front of the commercial loading dock areas and then tapered back to the existing alignment at
Cypress Street and Maplewood Drive. This project allowed city staff to take a pro- active approach to
stormwater treatment with the design of a stormwater pond and infiltration basin. City staff has applied for
a $30,000.00 grant through Ramsey - Washington Metro Watershed District for these pollutant removing
best management practices (BMP's).
The proposed assessments for the Gervais Avenue Street Improvements total $146,662.00. A copy of the
assessment roll is provided as a supplement to this report.
As outlined in the feasibility study, the assessments are based on the standard rates approved for the 2006
construction season, and are as follows:
• Residential street reconstruct assessment = $4,510 per unit
• Cornm.l M.F./Inst. street assessment = $90.20 per front foot
• Single family storm sewer assessment = $750.00 per unit
• Cornm.l M.F./Inst. storm assessment = $15.00 per front foot
Agenda Item H1
Regarding contractor bids, the bids were received and publicly read aloud at 10:00 a.m., on Wednesday,
August 30 2006. The following seven bids were received:
1)
Jay Bros, Inc.
$431,543.15
2)
Forest Lake Contracting
$503,326.85
3)
T.A. Schifsky & Sons Inc.
$444,048.26
4)
Palda and Sons, Inc.
$335,615.50
5)
Danner Inc.
$432,920.29
6)
Park Construction
$399,851.13
7)
Midwest Asphalt Corp.
$547,594.56
All bids have been checked and tabulated. The engineer's estimate for the project was $394,986.40. The
low bid from Palda and Sons Inc. of $335,615.50 is 17% less than the engineer's estimate.
Assessment Objections Filed
1. As of September 1, 2006 staff has received one objection to the proposed assessments:
a. Parcel 09.29.22.42.0008 — Peter Sampair; Viking Drive, LLC.
Mr. Sampair objects to the assessment based upon a lack of increased property value.
Staff will review all objections and provide the city council recommendations for motion at the September
25 2006 city council meeting.
BUDGET IMPACT
The proposed assessments are part of the project financing plan, approved in May, 2006. Any
assessments that may ultimately be reduced or deferred will have an impact on the tax levy. A statement
of tax levy impact will be made for the September 25 council meeting when all the assessments
objections and recommendations are considered.
There would be no impact to the approved budget based on the above recommendation. The bid falls
within the approved construction cost for the 2006 -2010 capital improvement plan budget for Gervais
Avenue Improvements and similarly falls within the estimated construction cost established in the feasibility
study.
RECOMMENDATION
It is recommended that the city council approve the attached Resolution for the Adoption of the
Assessment Roll and also approve the Resolution for the Award of Bids for Gervais Avenue Street
Improvement Project, City Project 05 -17.
Attachments:
1. Resolution: Adoption of the Assessment Roll
2. Resolution: Award of Bids
3. Assessment Roil
4. Location Map
5. Viking Drive, LLC Objection Letter
RESOLUTION
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant tooresolution adopted 6v the City Council un July ,4 1» ,20U6, calling for oPublic
Hearing, the assessment roll for the (]ervuimAvenue Street Improvements, City Project 05-17, was presented bnu
Public Hearing fhrmu1 pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
u Parcel 892Y22.42.00O8—Peter Viking Drive, LLC.
Mr. Sampair objects to the assessment based upon a lack of increased property value.
NOW, THEREFORE, BE[T RESOLVED E}Y THE CITY COUNCIL {)PMAPLBVYO(}D,MINNESOTA:
l. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to
the City Council u1 the regular meeting oo September 25 their recommendations for adjustments.
2. The assessment roll for the Gervais Avenue Street Improvements as amended, without those property owners`
assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby
adopted. Said assessment roll mboD constitute the ypccbd assessment against |hcluodauomcd\hcreiu and
each tract mf land therein included is hereby found tobe benefited by the proposed improvement iotbe
amount of the assessment levied against it.
Such assessments shall (epayable in equal annual installments extending over u period of|5 years, the first
installments to be payable onm before the first Monday in January 2007 and shall bear interest at the rate o[
5.9 percent per annum for the date of the adoption o[this assessment resolution. To the first inokd|uzcut mhnU
be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each
subsequent installment when due shall be added interest for one year on all unpaid installments.
4. The owner of any property uo assessed may, at any time prior toccUbfioodmnoi the assessment to the county
uoditpr, but oo later than November l, 2006, pay the whole of the assessment ou such property, with interest
accrued iothe date of the payment, to the city clerk czocpt that nointerest shall be charged i[the entire
assessment ia paid within 3Odays from the adoption o[Udu resolution; and they may, o1 any time after
November 1, 2006, pay to the county auditor the entire amount of the assessment remaining unpaid, with
interest accrued to December 3l of the year in which such payment is made. Such payment must bcmade
before November 15 or interest will be charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after November L206, but no later than November |5
transmit ocertified duplicate of this assessment W the county auditor hboextended on the property tax lists
of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes.
Adopted by the council on this I m day of September 2006.
RESOLUTION
AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda and
Sons, Inc. in the amount of $335,615.50 is the lowest responsible bid for the construction of Gervais Avenue Street
Improvements —City Project 05-17, and the mayor and clerk are hereby authorized and directed to enter into a contract
with said bidder for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to implement the financing
plan for the project.
Adopted by the council on this 11 day of September 2006.
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Project location
COUNTY
W910m,
C
Exhibit 1
Project Location
Gervais Avenue, Cypress St. to Maplewood Dr.
City Project 05-17
August 28, 2006
City Of Maplewood
Attn: Karen Guilfoile —City Clerk
1830 County Road B East
Maplewood, MN 55109
RE: Parcel 09.29.22.42.0008 for project #05 -17
Dear Ms. Guilfoile,
It is our understanding that when being assessed for street improvements the amount
being assessed must be justified by increasing the overall property value by at least that
amount. Therefore we object to the assessment in the amount of $27,421.00 as we
believe this assessment will not increase our property's value at all, much less by
$27,421.00.
Sincerely,
Peter Sainpa r
Chief,Nlanager
AGENDA NO. 1-1
AGENDA REPORT
TO: City Council
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: September 11, 2006
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:
107,459.24 Checks # 70715 thru # 70766
dated 8129106
156,328.45 Disbursements via debits to checking account
dated 08/16/06 thru 08/24/06
$ 1,195,520.40 Checks # 70767 thru # 70819
dated 09/05/06
287,912.84
1,747,220.93
PAYROLL
507,169.77
2,305.25
509,475.02
Disbursements via debits to checking account
dated 08/25/06 thru 08/30/06
Total Accounts Payable
Payroll Checks and Direct Deposits dated 08/25/06
Payroll Deduction check # 106014 thru # 106015
dated 08/25/06
Total Payroll
$ 2,256,695.95 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions
on the attached listing. This will allow me to check the supporting documentation on file if necessary.
ds
attachments
S:\CTY Lists and Reports 2006\Agenda Reports\09-11-06\11 APPROVAL OF CLAIMS.As
Check Register
City of Maplewood
;�� 1Y.b7f►IiZ�Z
Check
Date
Vendor
70715
08/2912006
01819
MCLEOD USA
70716
08129/2006
01360
REINHART FOODSERVICE
70717
0812912006
01504
CITY OF ST PAUL
0812912006
01504
CITY OF ST PAUL
70718
08129/2006
01190
XCEL ENERGY
70719
08125/2006
01699
UNIVERSITY OF MINNESOTA
70720
08129/2006
03723
AJLA ARNOLD
70721
08129/2006
01936
CHAD BERGO
70722
0812912006
01811
BERNATELLO'S PIZZA INC
70723
08129/2006
00211
BRAUN INTERTEC CORP.
70724
08129/2006
03726
MARY CURRY
70725
08129/2006
03700
DERK KARL SCHWIEGER LLC
08/2912006
03700
DERK KARL SCHWIEGER LLC
70726
08/2912006
03724
DIGITAL PRINTS
70727
08129/2006
03444
TOM DOUGLASS
70728
08129/2006
03725
FINANCE AND COMMERCE
70729
08129/2006
03126
FIRE INSTRUCTION & RESCUE EDUC
70730
08129/2006
00509
FIRE MARSHAL ASSN OF MN
70731
0812912006
01401
FIRST STUDENT INC
0812912006
01401
FIRST STUDENT INC
08129/2006
01401
FIRST STUDENT INC
70732
08129/2006
02635
G -WHIZ LETTERING
70733
08129/2006
03597
MARY JO HOFMEISTER
70734
08129/2006
00827
L M C I T
70735
08/29/2006
01843
LAKEVIEW HOSPITAL
70736
08/29/2006
01126
MN NCPERS LIFE INSURANCE
70737
08129/2006
01175
CITY OF NORTH ST PAUL
70738
08129/2006
01175
CITY OF NORTH ST PAUL
70739
08/2912006
01202
NYSTROM PUBLISHING CO INC
70740
08/2912006
02923
OAKDALE FIRE DEPARTMENT
70741
08129/2006
00001
ONE TIME VENDOR
70742
08129/2006
00001
ONE TIME VENDOR
70743
08129/2006
00001
ONE TIME VENDOR
70744
08129/2006
00001
ONE TIME VENDOR
70745
08129/2006
00001
ONE TIME VENDOR
70746
08129/2006
00001
ONE TIME VENDOR
70747
08129/2006
00001
ONE TIME VENDOR
70748
08129/2006
00001
ONE TIME VENDOR
70749
08129/2006
00001
ONE TIME VENDOR
70750
08129/2006
00001
ONE TIME VENDOR
70751
08129/2006
00001
ONE TIME VENDOR
70752
08129/2006
00001
ONE TIME VENDOR
70753
08129/2006
01254
PEPSI -COLA COMPANY
70754
08129/2006
00396
DEPT OF PUBLIC SAFETY
70755
08/2912006
01345
RAMSEY COUNTY
70756
08/2912006
02010
RAMSEY CTY ATTORNEY'S OFFICE
70757
08129/2006
02001
CITY OF ROSEVILLE
70758
08129/2006
03398
SHAMROCK GROUP
70759
08129/2006
01489
SPARTAN PROMOTIONAL GROUP INC.
70760
08129/2006
01574
T.A. SCHIFSKY & SONS, INC
0812912006
01574
T.A. SCHIFSKY & SONS, INC
70761
0812912006
01580
TSE, INC.
70762
08129/2006
03194
VERNIX FORESTRY CONSULTANTS
70763
08129/2006
01734
WILLIAM P. WALSH
70764
08129/2006
01750
THE WATSON CO INC
08/29/2006
01750
THE WATSON CO INC
Description
Amount
LOCAL PHONE SERVICE 7116 - 8115
MERCH FOR RESALE
INSTALL NEW POLE
PROJ 03 -39 FINAL INSPECTION
ELECTRIC UTILITY 7115 - 8/13
SOIL SAMPLE
REIMS PARKING, POSTAGE, MILEAGE
REIMB INTERNET, PHONE, MILEAGE
MERCH FOR RESALE
PROJ 05 -17 PROF SRVS THRU 8/11
WATER FITNESS PRESENTATION
INVESTIGATION - JUL
INVESTIGATION - JUN
DAILY ADMISSION CARDS
REIMB FOR TUITION
LEGAL SRVS PROPOSAL ADVERTISING
HAZ MAT TRAINING
SEMINAR REGISTRATION 9/11
DAY CAMP BUS TO CASCADE BAY - 819
DAY CAMP BUS TO OLD LOG THEATER
DAYCAMP BUS TO GAMEWORKS 7/26
SHIRTS
REIMB FOR MILEAGE 7/13 -8/17
INS QUARTERLY PREM JUL -SEP
AMBULANCE FOR DRILL 6/3
PERA LIFE INSURANCE - AUG
MONTHLY UTILITIES
FIRE TRUCK FOR DRILL 613
PARKS & RECREATION BROCHURE
FIRE TRUCK & AMB FOR DRILL 6/3
REIMB MAPLE RIDGE - PR #02 -07 IMPRV
REIMB C OLSON - PR #05 -16 DRIVEWAY
REF GRACE ALVAREZ - MCC DEPOSIT
REF SHARI MEISSNER - DAY CAMP PROG
REF SUELY MILLER - SOCCER PROG
REF V BRAUCK - SOCCER PROG
REF T MCDERMOTT -PMT 06 -09868 819106
REF KRECH EXTERIORS - PRMT 06 -10185
REF MEISTER- WESTERMANN -P & R
REF MABEL ABBOTT - AMB 06000125
REF JOHN HANSEN - SOCCER PROD
REF RYAN CO - OVERPAID BUFFER
MERCH FOR RESALE
10% FORFEITED PROP CN #06- 003 -189
RECORDING FEE
20% FORFEITED PROP CN #06- 003 -189
FIRE TRUCK FOR DRILL
MERCH FOR RESALE
LAPEL PINS
VARIOUS BITUMINOUS MATERIALS
VARIOUS BITUMINOUS MATERIALS
GROUNDSKEEPING SRV 6/11 - 7/22
SHADE TREE DISEASE MGMT 6/11 - 7/31
COMMERCIAL PLUMBING INSP
MERCH FOR RESALE
MERCH FOR RESALE
2,103.27
229.75
414.28
393.60
21,119.60
105.00
13.63
91.96
189.00
634.50
1,200.00
3,516.69
815.69
551.88
1,076.25
325.00
240.00
25.00
265.25
243.20
221.15
48.00
13.57
41,599.00
150.00
348.00
4,086.71
250.00
9,062.09
400.00
2,426.95
1,567.74
150.00
127.00
120.00
110.00
100.50
80.50
75.00
64.39
55.00
20.00
454.75
250.00
66.00
500.00
250.00
62.00
845.14
1,789.23
1,341.51
2,019.39
3,971.24
378.91
226.57
125.35
2
Check Register
City of Maplewood
;�� 1Y.b7f►IiZ�Z
Check
70765
70766
Date Vendor
Description
Amount
08/2912006 01771 CITY OF WHITE BEAR LAKE
08/29/2006 01789 CITY OF WOODBURY
52 Checks in this report.
AMBULANCE FOR DRILL 6/3 150.00
FIRE TRUCK & AMB FOR DRILL 613 400.00
107A59.24
CITY OF MApLBNDDD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Payee
MN State Treasurer
MN State Treasurer
ARC Administration
MN State Treasurer
MN Dept of Revenue
MN Dept of Natural Resources
MN State Treasurer
K4N State Treasurer
PWN Dept ofRevenue
MN State Treasurer
US Bank VISA One Card*
MN State Treasurer
Description
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
DCRP& Flex plan payments
Drivers License/Deputy Registrar
Sales Tax
DNR electronic licenses
Drivers License/Deputy Registrar
Drivers License/Deputy Regietrar
Fuel Tax
Drivers Lionnne/DeputyRegiotnar
Purchasing card items
Drivers License/Deputy Registrar
*Detailed listing of VISA purchases iaattached.
Amount
11
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Check Register
City of Maplewood
t�>w�r�yryz�z�Z.�
Check
Date
Vendor
70767
0910512006
01949
GARY L FISCHLER & ASSOC PA
70768
0910512006
02728
KIMLEY -HORN & ASSOCIATES INC
0910512006
02728
KIMLEY -HORN & ASSOCIATES INC
70769
0910512006
01360
REINHART FOODSERVICE
0910512006
01360
REINHART FOODSERVICE
70770
09105/2006
01504
CITY OF ST PAUL
70771
09105/2006
03627
PAUL H SWETT
70772
0910512006
02410
WELLS FARGO LEASING INC
70773
0910512006
02462
SCOTT D WEMYSS
70774
0910512006
01190
XCEL ENERGY
70775
0910512006
02780
THE ACTIVE NETWORK INC
70776
09/0512006
03727
ADVANCED WATERJET TECH INC
70777
09/0512006
00174
STAN BELDE
70778
0910512006
02971
BERBEE INFORMATION NETWORKS
70779
0910512006
01811
BERNATELLO'S PIZZA INC
0910512006
01811
BERNATELLO'S PIZZA INC
70780
0910512006
01974
BLUE CROSS REFUNDS
70781
0910512006
02914
BLUECROSS BLUESHIELD OF MN
70782
0910512006
00204
BONESTROO & ASSOCIATES
70783
09/0512006
03020
BRADLEY R BEHNKE GOLF MGMT LLC
70784
09/0512006
00211
BRAUN INTERTEC CORP.
09105/2006
00211
BRAUN INTERTEC CORP.
70785
09105/2006
00230
BRYAN ROCK PRODUCTS, INC.
70786
09/0512006
02929
CNAGLAC
70787
09/0512006
00340
CRAMER BUILDING SERVICES
70788
09105/2006
00384
DE LAGE LANDEN FINANCIAL SRVS
70789
09105/2006
00003
ESCROW REFUND
70790
0910512006
03576
EUREKA RECYCLING
70791
0910512006
00526
FOREST LAKE CONTRACTING INC
70792
09105/2006
00589
DAVE GRAF
70793
09105/2006
03728
GREAT RIVER GREENING
70794
09/0512006
00668
STEVEN HIEBERT
70795
09/0512006
00483
IDEACOM MID - AMERICA
70796
09105/2006
02872
METLIFE SBC
70797
09105/2006
00985
METROPOLITAN COUNCIL
70798
0910512006
01085
MN LIFE INSURANCE
70799
0910512006
03622
MN OFFICE OF ENTERPRISE TECH
70800
09105/2006
00001
ONE TIME VENDOR
70801
09105/2006
00001
ONE TIME VENDOR
70802
09/0512006
00001
ONE TIME VENDOR
70803
09/0512006
00001
ONE TIME VENDOR
70804
09105/2006
00001
ONE TIME VENDOR
70805
09105/2006
01254
PEPSI -COLA COMPANY
70806
09/0512006
01418
SAM'S CLUB DIRECT
09/0512006
01418
SAM'S CLUB DIRECT
09105/2006
01418
SAM'S CLUB DIRECT
09105/2006
01418
SAM'S CLUB DIRECT
09/0512006
01418
SAM'S CLUB DIRECT
09/0512006
01418
SAM'S CLUB DIRECT
09105/2006
01418
SAM'S CLUB DIRECT
09105/2006
01418
SAM'S CLUB DIRECT
09/0512006
01418
SAM'S CLUB DIRECT
09/0512006
01418
SAM'S CLUB DIRECT
70806
09105/2006
01418
SAM'S CLUB DIRECT
09105/2006
01418
SAM'S CLUB DIRECT
70807
09/0512006
03398
SHAMROCK GROUP
Description
Amount
CANDIDATE SCREEN
PROJ 06 -17 PROF SRVS THRU 7131
PROJ 05 -10 PROF SRVS THRU 7131
MERCH FOR RESALE
MERCH FOR RESALE
MEDICAL SUPPLIES
REIMS FOR BLDG OFFICIAL CERT TEST
RICOH COPIER LEASE 819 - 919
NAMETAGS
GAS UTILITY
SAFARAI SOFTWARE MAINT FEE
REMOVE OLD SHEETING FROM SIGNS
K9 MAINTENANCE - SEP
FIREWALL - CISCO ASA 5520 APPLIANCE
MERCH FOR RESALE
MERCH FOR RESALE
REF BCBS - AMB 06000886
MONTHLY PREMIUM
NC IMPRV- PARKING LOT &
GOLF LESSON PROGRAM
PROJ 02 -07 PROF SRVS THRU 8/11106
PROJ 03 -07 PROF SRVS THRU 8/11
ROCK FOR BASE MATERIAL
LONG TERM CARE INS
BOILER CONTROL CHANGES
COPIER LEASE - SEP
REF ESCROW - KOSTOHRYZ PW06 -00899
RECYCLING - JUL
PROJ 05 -16 KENWOOD ST PYMT #5
KARATE INSTRUCTOR 8/8 - 8/29
WEED MGMT & SEEDING
K9 MAINTENANCE - SEP
PHONE SOFTWARE UPDATED
MONTHLY DENTAL PREMIUM
WASTEWATER - SEP
MONTHLY PREMIUM
WIDE AREA NETWORK - JUL
REF MED ASSISTANCE - AMB 050199198
REF MULKI ABDI - AMB 04001254
REF B DECHANEY - MEMBERSHIP
REF T MCGARTHNAITE - MEMBERSHIP
REF EMMA NORTON SRVS -
MERCH FOR RESALE
PROGRAM SUPPLIES NNO
COFFEE, FILTERS & SUGAR
MERCH FOR RESALE
MERCH FOR RESALE
MERCH FOR RESALE
MERCH FOR RESALE
MERCH FOR RESALE
MCC BIRTHDAY PROGRAM CAKES
MCC BIRTHDAY PROGRAM CAKES
MCC BIRTHDAY PROGRAM CAKES
MERCH FOR RESALE
CREDIT - MISC REVENUE
MERCH FOR RESALE
250.00
20,023.37
275.00
209.01
57.41
1,427.58
70.00
1,467.57
74.29
5,448.92
9,288.00
1,164.66
35.00
5,620.56
189.00
63.00
306.52
140,060.00
1,505.64
820.00
679.75
502.75
193.22
789.28
3,950.00
161.88
300.00
15,804.06
713,641.98
117.00
1,500.00
35.00
218.33
9,120.49
199,212.84
4,032.25
392.00
468.36
131.44
115.02
95.85
75.00
542.90
310.78
281.69
281.21
205.57
176.78
160.41
147.21
84.43
18.87
14.95
12.76
-26.64
180.00
i1J
Check Register
City of Maplewood
t�>r�r�yryz�z�T.�
Check
70808
70809
1- 1
70811
70812
70813
70814
70815
70816
70817
70818
70819
1' 1 I1•
i' 1 11
i' 1 11
1. 1 11•
1. 1 11•
1' 1 i1•
1' 1 i1•
1' 1 I1•
1' 1 I1•
i' 1 11
i' 1 11
Vendor
Description
Amount
03124
00198
00198
01574
01574
01574
03598
01026
01580
00529
00529
02464
02464
02464
02464
02464
02464
01734
01750
03378
02090
SOFTWARE HOUSE INTL
ST PAUL REGIONAL WATER SRVS
ST PAUL REGIONAL WATER SRVS
T.A. SCHIFSKY & SONS, INC
T.A. SCHIFSKY & SONS, INC
T.A. SCHIFSKY & SONS, INC
PAUL THEISEN
DEPT OF TRANSPORTATION
TSE, INC.
UNION SECURITY INSURANCE CO
UNION SECURITY INSURANCE CO
US BANK
US BANK
US BANK
US BANK
US BANK
US BANK
WILLIAM P. WALSH
THE WATSON CO INC
MATT WOEHRLE
VERA MING WONG
MICROSOFT ENTERPRISE LICENSE
WATER UTILITY
WATER UTILITY
VARIOUS BITUMINOUS MATERIALS
VARIOUS BITUMINOUS MATERIALS
GRAVEL
REIMS FOR TUITION & BOOK
PROJ 02- 07103 -07 TESTING & INSP
JANITORIAL SRVS 6111 - 7122106
MONTHLY LTD PREMIUM
STD PLAN 4043120 -0 -1 SEPT 2006
PAYING AGENT FEES THRU 7/31/07
PAYING AGENT FEES THRU 7/31/07
PAYING AGENT FEES THRU 7/31107
PAYING AGENT FEES THRU 7/31107
PAYING AGENT FEES THRU 7131/07
PAYING AGENT FEES THRU 7131/06
COMMERCIAL PLUMBING INSP
MERCH FOR RESALE
REIMB FOR MILEAGE 8/29
TEACH DRAWING WORKSHOPS
34,040.81
5,429.69
613.00
852.72
492.85
133.58
492.82
1,765.44
1,336.50
2,996.81
1,639.10
431.25
431.25
431.25
431.25
431.25
215.63
481.60
202.12
24.03
364.50
53 Checks in this report.
is
CITY OF MApLBNDDD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Payee
MN State Treasurer
|CMA(VantaQapointa)
K4N Dept of Natural Resources
MN State Treasurer
U.S.Tnaaourer
P.E.R.&
Orchard Trust
Pitney Bowes
MN State Treasurer
K4N State Treasurer
MidAm*hca - |NG
Labor Unions
MN State Treasurer
Federal Reserve Bank
Ifflolfim
Description
Drivers License/Deputy Registrar
Deferred Compensation
DNR electronic licenses
Drivers License/Deputy Registrar
Federal Payroll Tax
P. E.R.A.
Deferred Compensation
Postage
Drivers Lioenae/DeputyRegietrar
State Payroll Tax
HRA Flex plan
Union Dues
Drivers License/Deputy Registrar
Savings Bonds
Amount
12.44325
5,948.83
434.50
10,596.63
106,396.28
8O
27,257.07
2.885.00
19,198.61
20,659.03
2.083.82
3,253.05
15,494.50
50.00
z»/wlz.b4
��
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
08/25/06
CAVE, REBECCA
397.80
08/25/06
HJELLE, ERIK
397.80
08/25/06
JUENEMANN, KATHLEEN
397.80
08/25/06
ROSSBACH, WILLIAM
397.80
08/251/06
COPELAND, EUGENE
3,090.00
08/251/06
FARR, LARRY
1,903.62
08/25/06
SWANSON, LYLE
1,867.27
08/25/06
ARNOLD, AJLA
669.38
08/25/06
LE, JENNIFER
76.50
08/25/06
LE, SHERYL
30,819.08
08/25/06
PALANK, MANDY
42750
08/25/06
RAMEAUX, THERESE
2,626.39
08/251/06
FAUST, DANIEL
4,292.22
08/251/06
SCHMIDT, DEBORAH
1,57096
08/25/06
ANDERSON, CAROLE
460.76
08/25/06
BAUMAN, GAYLE
3,544.03
08/25/06
JACKSON, MARY
1,873.35
08/25/06
KELSEY, CONNIE
829.68
08/25/06
TETZLAFF, JUDY
1,873.35
08/25/06
FRY, PATRICIA
1,738.95
08/25/06
GUILFOILE, KAREN
2,969.70
08/251/06
MORSON, JOHN
638.40
08/25/06
SPANGLER, EDNA
1,049.13
08/25/06
JAGOE, CAROL
1,679.66
08/25/06
JOHNSON, BONNIE
1,029.36
08/25/06
MOY, PAMELA
1,082.94
08/25/06
OLSON, SANDRA
1,015.45
08/25/06
OSTER, ANDREA
1,804.70
08/251/06
WEAVER, KRISTINE
1,839.75
08/25/06
BANICK, JOHN
4,017.82
08/25/06
CORCORAN, THERESA
1,677.35
08/25/06
POWELL, PHILIP
2,394.54
08/25/06
RICHIE, CAROLE
1,684.28
08/25/06
THOMALLA, DAVID
4,429.00
08/25/06
ABEL, CLINT
2,40011
08/25/06
ALDRIDGE, MARK
2,56957
08/251/06
ANDREWS, SCOTT
3,113.28
08/251/06
BAKKE, LONN
2,560.09
08/25/06
BELDE, STANLEY
2,895.82
08/25/06
BIERDEMAN, BRIAN
2,532.55
08/25/06
BOHL, JOHN
3,201.12
08/25/06
BUSACK, DANIEL
2,400.11
08/25/06
COFFEY, KEVIN
2,33155
13
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
08/25/06
CROTTY, KERRY
2,864.38
08/25/06
DOBLAR, RICHARD
2,936.03
08/25/06
GABRIEL, ANTHONY
2,217.28
08/25/06
HEINZ, STEPHEN
2,537.23
08/251/06
HIEBERT, STEVEN
2,974.57
08/251/06
JOHNSON, KEVIN
3,946.03
08/25/06
KALKA, THOMAS
686.28
08/25/06
KAKIS, FLINT
2,940.35
08/25/06
KONG, TOMMY
2,499.44
08/25/06
KROLL, BRETT
2,664.98
08/25/06
KVAM, DAVID
3,523.42
08/25/06
LANGNER, TODD
1,70093
08/251/06
LU, JOHNNIE
2,745.91
08/251/06
MARINO, JASON
2,400.11
08/25/06
MARTIN, DANIEL
654.68
08/25/06
MARTIN, JERROLD
2,537.52
08/25/06
MCCARTY, GLEN
2,352.98
08/25/06
METRY, ALESIA
2,819.49
08/25/06
NYE, MICHAEL
1,90018
08/25/06
OLSON, JULIE
2,40011
08/25/06
RABBETT, KEVIN
3,587.70
08/251/06
RHUDE, MATTHEW
1,900.18
08/25/06
STEFFEN, SCOTT
3,162.75
08/25/06
STEINER, JOSEPH
2,06593
08/25/06
SYPNIEWSKI, WILLIAM
1,883.04
08/25/06
SZCZEPANSKI, THOMAS
2,537.23
08/25/06
TRAN, JOSEPH
2,33155
08/25/06
WENZEL, JAY
2,42218
08/251/06
XIONG, KAO
2,422.18
08/25/06
BARTZ, PAUL
3,172.78
08/25/06
BERGERON, JOSEPH
3,804.73
08/25/06
DUGAS, MICHAEL
3,173.80
08/25/06
ERICKSON, VIRGINIA
2,629.80
08/25/06
FLOR, TIMOTHY
3,391.27
08/25/06
FRASER, JOHN
2,770.20
08/25/06
LANGNER, SCOTT
2,354.43
08/251/06
PALMA, STEVEN
2,745.14
08/251/06
THEISEN, PAUL
2,817.07
08/25/06
THIENES, PAUL
2,628.65
08/25/06
BARTA, JEREMY
1,885.49
08/25/06
DAWSON, RICHARD
2,349.96
08/25/06
DUELLMAN, KIRK
2,252.43
08/25/06
EVERSON, PAUL
2,193.61
i,
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
08/25/06
HALWEG, JODI
1,997.45
08/25/06
JOHNSON, DOUGLAS
2,285.81
08/25/06
MYERS, TODD
1,864.53
08/25/06
NOVAK, JEROME
2,401.28
08/251/06
PARSONS, KURT
2,139.64
08/251/06
PETERSON, ROBERT
2,670.67
08/25/06
PRECHTEL, ROBERT
2,480.93
08/25/06
SVENDSEN, RONALD
2,465.18
08/25/06
GERVAIS -JR, CLARENCE
2,868.34
08/25/06
BAU'ER, MICHELLE
1,856.57
08/25/06
FLAUGHER, JAYME
1,943.83
08/25/06
HERMANSON, CHAD
1,994.70
08/251/06
HUBIN, KENNARD
1,722.95
08/251/06
KNAPP, BRETT
2,289.83
08/25/06
LINN, BRYAN
2,025.39
08/25/06
PACOLT, MARSHA
2,529.68
08/25/06
RABINE, JANET
1,917.35
08/25/06
SCHAULS, ADAM
390.00
08/25/06
STAHNKE, JULIE
1,931.76
08/25/06
LUKIN, STEVEN
4,01618
08/25/06
SVENDSEN, RUSTIN
3,219.37
08/251/06
ZWIEG, SUSAN
1,813.35
08/25/06
DOLLERSCHELL, ROBERT
293.39
08/25/06
AHL, R. CHARLES
4,500.69
08/25/06
KONEWKO, DUWAYNE
3,059.51
08/25/06
NIVEN, AMY
1,258.02
08/25/06
PRIEFER, WILLIAM
2,720.94
08/25/06
BRINK, TROY
1,77015
08/251/06
DEBILZAN, THOMAS
1,893.35
08/25/06
EDGE, DOUGLAS
1,939.53
08/25/06
ELIAS, BRANDON
720.00
08/25/06
FREBERG, RONALD
137.67
08/25/06
JONES, DONALD
2,503.19
08/25/06
MEISSNER, BRENT
805.00
08/25/06
MEYER, GERALD
1,969.79
08/25/06
NAGEL, BRYAN
2,486.01
08/251/06
OSWALD, ERICK
2,080.46
08/251/06
RUNNING, ROBERT
1,886.95
08/25/06
TEVLIN, TODD
1,822.15
08/25/06
DUCHARME, JOHN
2,414.86
08/25/06
ENGSTROM, ANDREW
2,085.88
08/25/06
ISAKSON, CHAD
882.72
08/25/06
JACOBSON, SCOTT
2,204.00
im
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
08/25/06
JAROSCH, JONATHAN
2,030.15
08/25/06
KNUTSON, LOIS
1,454.64
08/25/06
KUMMER, STEVEN
2,33816
08/25/06
LABEREE, ERIN
78355
08/251/06
LINDBLOM, RANDAL
2,414.86
08/251/06
MAYFIELD, JASON
936.32
08/25/06
MEINHOLZ, WILLIAM
1,272.04
08/25/06
PECK, DENNIS
2,421.79
08/25/06
PRIEBE, WILLIAM
2,550.28
08/25/06
SCHREMPP, ANTHONY
928.71
08/25/06
THOMPSON, MICHAEL
2,363.71
08/25/06
ANDERSON, BRUCE
4,184.27
08/251/06
CAREY, HEIDI
2,138.16
08/251/06
HALL, KATHLEEN
1,820.28
08/25/06
LUND, MARK
960.00
08/25/06
MARUSKA, MARK
2,754.63
08/25/06
NAUGHTON, JOHN
1,822.15
08/25/06
SCHINDELDECKER, JAMES
1,895.66
08/25/06
BIESANZ, OAKLEY
1,526.20
08/25/06
DEAVER, CHARLES
589.08
08/25/06
HAYMAN, JANET
1,029.45
08/251/06
HUTCHINSON, ANN
2,330.27
08/25/06
NELSON, JEAN
1,039.60
08/25/06
FOERG, ELIZABETH
1,112.00
08/25/06
GAYNOR, VIRGINIA
2,098.33
08/25/06
HAMRE, MILES
1,102.50
08/25/06
EKSTRAND, THOMAS
3,244.09
08/25/06
KROLL, LISA
1,329.87
08/251/06
LIVINGSTON, JOYCE
1,007.81
08/25/06
SINDT, ANDREA
1,745.35
08/25/06
THOMPSON, DEBRA
67094
08/25/06
YOUNG, TAMELA
1,613.35
08/25/06
FINWALL, SHANN
2,520.31
08/25/06
ROBERTS, KENNETH
2,646.05
08/25/06
BRASH, JASON
1,200.00
08/25/06
CARVER, NICHOLAS
2,85351
08/251/06
FISHER, DAVID
3,712.12
08/251/06
RICE, MICHAEL
2,110.95
08/25/06
SWAN, DAVID
2,214.15
08/25/06
SWETT, PAUL
1,544.55
08/25/06
WELLENS, MOLLY
1,221.02
08/25/06
BJORK, ALICIA
702.01
08/25/06
BJORK, BRANDON
839.31
in
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
08/25/06
COLEMAN, JOHN
399.50
08/25/06
GALLANT, CHARLENE
72.25
08/25/06
GOODRICH, CHAD
430.50
08/25/06
GOODRICH, DANIELLE
404.25
08/251/06
KELLY, LISA
1,047.65
08/251/06
LUKIN, ALISHA
960.00
08/25/06
OHLHAUSER, MEGHAN
1,080.00
08/25/06
ROBBINS, AADRA
2,288.25
08/25/06
SHERRILL, CAITLIN
320.00
08/25/06
STAPLES, PAULINE
3,028.20
08/25/06
TAUBMAN. DOUGLAS
2,854.34
08/25/06
UNDERHILL, KRISTEN
175.00
08/251/06
GERMAIN, DAVID
1,902.59
08/251/06
NORDQUIST, RICHARD
1,893.35
08/25/06
SCHULTZ, SCOTT
2,078.15
08/25/06
ANZALDI, MANDY
1,477.30
08/25/06
COLLINS, ASHLEY
50.00
08/25/06
CRAWFORD - JR, RAYMOND
467.00
08/25/06
CROSSON, LINDA
2,782.65
08/25/06
EVANS, CHRISTINE
78650
08/25/06
GRAF, MICHAEL
2,064.61
08/251/06
HER, CHONG
490.00
08/25/06
HER, PHENG
151.70
08/25/06
HOFMEISTER, MARY
715.17
08/25/06
MILES, LAURA
85.75
08/25/06
PELOQUIN, PENNYE
478.46
08/25/06
SCHMIDT, RUSSELL
2,094.61
08/25/06
SCHULZE, BRIAN
91050
08/251/06
TOLBERT, FRANCINE
220.50
08/25/06
ZIELINSKI, JUDY
18.50
08/25/06
ANDREA, JOHANNA
131.63
08/25/06
BRENEMAN, NEIL
547.15
08/25/06
BRUSOE, CRISTINA
267.25
08/25/06
BUCKLEY, BRITTANY
339.08
08/25/06
CORNER, AMY
44.80
08/25/06
DUNN, RYAN
33655
08/251/06
EVANS, KRISTIN
241.45
08/251/06
FONTAINE, KIM
729.07
08/25/06
GREDVIG, ANDERS
674.63
08/25/06
GUZIK, JENNIFER
173.58
08/25/06
HALEY, BROOKE
248.40
08/25/06
HASSENSTAB, DENISE
44.70
08/25/06
HERZOG, ELIZABETH
115.38
17
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
105910
105911
105912
105913
105914
105915
105916
105917
105918
105919
105920
08/25/06
08/25/06
08/25/06
08/25/06
08/25,06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25,06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25,06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
08/25/06
EMPLOYEE NAME
HORWATH, RONALD
IRISH, GRACE
KOEHNEN, AMY
KOEHNEN, MARY
KRONHOLM,KATHRYN
LAMEYER, ZACHARY
MATHEWS, LEAH
PROESCH, ANDY
SCHAEFER, ANDREA
SCHULTZ, PETER
SMITH, ANN
TUPY, HEIDE
TUPY, MARCUS
WERNER, REBECCA
WHITE, NICOLE
WILCZAK, MICHELLE
WOLFGRAM, MARY
GROPPOLI, LINDA
HOLMGREN, STEPHANIE
ANDERSON, MATT
BEHAN, JAMES
LONETTI, JAMES
PATTERSON,ALBERT
PRINS, KELLY
REILLY, MICHAEL
SCHOENECKER, LEIGH
AICHELE, CRAIG
PRIEM, STEVEN
WOEHRLE, MATTHEW
BERGO, CHAD
FOWLDS, MYCHAL
FRANZEN, NICHOLAS
LONGRIE, DIANA
JAHN, DAVID
MORIN, TROY
MATHEYS, ALANA
HANSEN, LORI
GENNOW, PAMELA
PALANK, MARY
SVENDSEN, JOANNE
SHORTREED, MICHAEL
WELCHLIN, CABOT
WENNHOLD, JAIME
AMOUNT
2,159.70
138.75
100.20
969.85
692.75
78.00
309.75
749.35
18.98
149.00
118.20
127.20
297.68
190.43
712.17
175.50
221.35
247.50
61.25
106.40
1,769.23
1,083.54
1,149.24
1,046.82
1,674.15
122.40
1,950.27
2,129.35
1,688.12
2,355.82
2,561.82
2,493.91
452.00
1,765.60
170.00
2,059.21
1,813.36
1,022.13
1,679.66
1,889.14
3,268.81
2,537.23
1,599.78
im
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
105921
08125106
HOEPPNER, STEVEN
920.00
105922
08125/06
ANDERSON, MICHAEL
880.00
105923
08125/06
EDSON, DAVID
1,932.28
105924
08/25106
GORE, MICHAEL
1,032.00
105925
081251/06
HELEY, ROLAND
1,934.59
105926
08/25106
HINNENKAMP, GARY
1,904.15
105927
08125/06
LINDORFF, DENNIS
1,897.98
105928
08125/06
NOVAK, MICHAEL
1,893.35
105929
08125/06
OLSON, SCOTT
800.00
105930
08125106
GERNES, CAROLE
546.81
105931
08/25106
SOUTTER, CHRISTINE
92.81
105932
08/25/06
BERGER, STEPHANIE
422.88
105933
08/25106
FARLEY, JAMIE
829.38
105934
081251/06
GEBHARD, MADELINE
799.50
105935
08125/06
KLEIN, ERIN
96.00
105936
08125/06
KOHLMAN, JENNIFER
64.00
105937
08125106
MALLET, AMANDA
270.00
105938
08125/06
ROBBINS, EMERALD
49.00
105939
08/25/06
HAAG, MARK
1,857.35
105940
08/25106
NADEAU, EDWARD
3,061.98
105941
08/25106
GLASS, JEAN
1,868.83
105942
08/25106
NAGEL, BROOKE
214.65
105943
08125 /06
SIMPSON, JOSEPH
159.10
105944
08125/06
VELASQUEZ, ANGELA
72.00
105945
08125/06
ALBRECHT, TIMOTHY
192.13
105946
08125106
ANDERSON, CALEB
87.03
105947
08/25106
ANDERSON, JOSHUA
24318
105948
08/25/06
ANDERSON, JUSTIN
315.39
105949
08/25106
ARNEVIK. ERICA
122.50
105950
08/25106
BENJAMIN, AYLA
139.75
105951
08125/06
BRENEMAN, SEAN
465.30
105952
08125/06
CHASTAN, ADAM
211.25
105953
08125106
DEMPSEY, BETH
73.50
105954
08125/06
GILL, NICOLE
70.00
105955
08/25/06
GRANT, MELISSA
308.75
105956
08/25106
GRUENHAGEN, LINDA
57354
105957
081251/06
HAGSTROM, EMILY
113.40
105958
08/25106
HERRON, ADAM
178.88
105959
08125/06
HERZOG, BRITTANY
170.20
105960
08125/06
HOLMGREN, LEAH
1,079.00
105961
08125/06
IRISH, PETER
27.00
105962
08125106
JOYER, MARTI
517.81
105963
08/25106
LEMAY, KATHERINE
288.71
li'
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
105964
08/25/06
MCMAHON, MELISSA
781.65
105965
08/25/06
MILLS, ANNE
358.40
105966
08/25/06
MORIS, RACHEL
108.00
105967
08/25/06
NWANOKWALE, MORDY
139.75
105968
08/251/06
PEHOSKL JOEL
349.83
105969
08/251/06
PROCHNOW, SARAH
421.40
105970
08/25/06
RICHTER, DANIEL
17.00
105971
08/25/06
RICHTER, NANCY
213.00
105972
08/25/06
ROGNESS, TRYGGVE
580.78
105973
08/25/06
RYDEEN, ARIEL
708.12
105974
08/25/06
SCHMIDT, EMILY
492.92
105975
08/25/06
SCHMIDT, JOHN
39.00
105976
08/251/06
SCHRAMM, BRITTANY
127.65
105977
08/251/06
SCHREINER, MICHELLE
189.13
105978
08/25/06
SCHUNEMAN, GREGORY
89.38
105979
08/25/06
SMITLEY, SHARON
352.10
105980
08/25/06
STAHNKE, AMY
338.58
105981
08/25/06
TRUE, ANDREW
33.79
105982
08/25/06
VANG, CHANG
151.80
105983
08/25/06
WARNER, CAROLYN
176.05
105984
08/25/06
WEDES, CARYL
171.50
105985
08/251/06
WENZEL, SHANNON
26.00
105986
08/25/06
WILLIAMS, KRISTINE
65.00
105987
08/25/06
WOODMAN, ALICE
239.00
105988
08/25/06
ZALK, IDA
133.25
105989
08/25/06
BOSLEY, CAROL
327.70
105990
08/25/06
LEWIS, AMY
90.65
105991
08/25/06
MILLER, AMY
355.50
105992
08/251/06
ODDEN, JESSICA
121.28
105993
08/25/06
OIE, REBECCA
22.05
105994
08/25/06
PARAYNO, GUAI
427.70
105995
08/25/06
SATTLER, CASSANDRA
67.65
105996
08/25/06
SATTLER, MELINDA
27.60
105997
08/25/06
STODGHILL, AMANDA
40.50
105998
08/25/06
VAN HALE, PAULA
45.65
105999
08/25/06
WADE, MARY -LEE
15.00
106000
08/251/06
ZAGER, LINNEA
198.34
106001
08/251/06
BERLIN, SARAH
226.10
106002
08/25/06
BIRKHOLZ, TYLER
93.66
106003
08/25/06
DOUGLASS, TOM
1,251.56
106004
08/25/06
EVERSON, KYLE
242.73
106005
08/25/06
HER, GHEE
101.60
106006
08/25/06
HER, PETER
76.20
NE
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
106007
08!25106
O'GRADY, VICTORIA
141.03
106008
08/25/06
OLSON, CHRISTINE
146.30
106009
08125/06
SCHULZE, KEVIN
46.55
106010
08/25106
VANG, HUE
106.40
106011
081251/06
VANG, KAY
285.78
106012
08/25106
VANG, TIM
314.50
106013
08125/06
VUE, LOR PAO
106.40
507,169.77
21
AGENDA NO. 12
FROM: Finance Director
RE: Annual Maplewood Historical Society Payment
11 i' 11 111
On September 11, 2001 the City Council approved a motion to include a $2,000
payment to the Maplewood Historical Society in the city's budget each year. This
annual payment has been incorporated in the 2006 Budget.
Council authorization is needed annually to make the $2,000 payment because it
is not a required payment.
P\perm\mhspayment
0
Agenda Item 13
AGENDA REPORT
TO: Greg Copeland, City Manager
FROM: Karen Guilfbile, City Clerk
DATE: August 30, 2006
RE: Temporary Lawful Gambling Resolution
Introduction
The Minnesota Gambling Control Board has issued a temporary gambling permit for
North Star Chapter of BCCA (Brewery Collectible Club of America). The event will be
held at Aldrich Arena, 1850 White Bear Avenue. The event will be held on October 16,
2006 from 8:00 a.m. to 4:00 p.m. The BCCA is a non-profit organization and held the
same event at the Arena last year. It is requested that council approve the following
resolution for the temporary gambling.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the temporary permit for lawful gambling is approved for the North Star Chapter of
BCCA.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for
their approval.
Agenda Item 14
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Bill Priefer, Public Works Operations Analyst
SUBJECT: Maple Leaf Ridge Business Park, City Project 05 -35, Approve Board of
Water Commissioners of the City of Saint Paul Private Water Main
Agreement
DATE: August 28, 2006
INTRODUCTION
Maple Leaf Holdings, LLC has made application to the Board of Water Commissioners of the City of Saint
Paul to supply water to their property known as Maple Leaf Ridge Business Center, the North 85 feet of Lot
3, W.H. Howard's Garden Lots and Lot 3, W.H. Howard's Garden Lots, except the North 85 feet thereof.
DISCUSSION
The attached private water main agreement between Maple Leaf Holdings, LLC, The City of Maplewood
and the Board of Water Commissioners of the City of Saint Paul allows for the connection to the public
water supply system of Saint Paul Regional Water Services within the City of Maplewood by the Maple
Leaf Holdings, LLC property known as the Maple Leaf Ridge Business Center. This is a standard
agreement that includes, but is not limited to, the conveyance of a perpetual water main easement to the
City of Maplewood and the Board of Water Commissioners of the City of Saint Paul from Maple Leaf
Holdings, LLC. Upon approval, permission will be granted to Maple Leaf Holdings, LLC by the City of
Maplewood and the Board of Water Commissioners of the City of Saint Paul to construct, maintain and
repair a private water main necessary for the furnishing of water service to the property subject to the terms
and conditions contained in this agreement.
RECOMMENDATION
It is recommended that council approve the private water main agreement between Maple Leaf Holdings,
LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul.
Attachment:
1. Private water Main Agreement
19 R WIN 9 AM 'In 9 N tad F.11 I Ex" R 81 NO I WON
THIS AGREEMENT, made this 14th day of February, 2006 by and between MAPLE
LEAF HOLDINGS, LLC, a Minnesota limited liability company ("Owner"), the CITY OF
MAPLEWOOD, a Minnesota municipal corporation ("Maplewood") and the BOARD OF
WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a Minnesota municipal
corporation (the "Board"); and
WITNESSETH:
WHEREAS, the Board during all times herein mentioned did and does manage, control and
operate, pursuant to the Home Rule Charter of the City of Saint Paul, its water works and public
water supply system primarily for the purpose of furnishing an adequate supply of water for
industrial, commercial and domestic purposes to residents of the City of Saint Paul within its
corporate limits, and incidentally to residents of the City of Maplewood, for the same or similar
purposes, pursuant to agreements by and between the Board and said last named City and ordinances
of said City of Saint Paul and City of Maplewood germane thereto; and
WHEREAS, Maplewood and the Board have made subsisting agreements, by and between
them, germane to the extension of water service from said public water supply system of said City of
Saint Paul, by the Board, to said City of Maplewood and the residents of the same within its
corporate limits, and such extension of water supply service has been and now is the subject of city
ordinances germane thereto duly enacted by the City of Maplewood and said City of Saint Paul, this
Agreement to be deemed subject to said prior subsisting agreements and said ordinances.
WHEREAS, Owner owns the following described land, which is situated within the
corporate limits of said City of Maplewood in the County of Ramsey, State of Minnesota, (the
"Property"):
The North 85 feet of Lot 3, W.H. Howard's Garden Lots, according to the recorded plat
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 1
thereof, Ramsey County, Minnesota.
and
Lot 3, W.H. Howard's Garden Lots, except the North 85 feet thereof, according to the
recorded plat thereof, Ramsey County, Minnesota.
WHEREAS, Owner has made application to the Board for water supply service to be
afforded from the public water supply system to the Property according to the rates and charges
payable therefore by Owner, its successors or assigns, to Maplewood or the Board as the same may
be established from time to time; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties, for themselves, their successors and assigns, do hereby mutually agree as follows:
1. Owner does hereby convey and grant to Maplewood and the Board a perpetual water
main easement in, under, through, and over and across the following portions of the Property, as
described and shown in Exhibit "A", attached hereto and incorporated herein.
2. Maplewood and the Board do hereby grant permission to Owner to construct, maintain
and repair a private water main necessary for the furnishing of water service to the Property subject
to the terms and conditions contained herein.
3. Owner shall construct the private water main at its sole cost and expense, in strict
accordance with approved plans and specifications on file with the Board, under the supervision and
subject to the approval of the Board, within the Easement Area described in Exhibit "A". Owner
shall pay a deposit to the Board to reimburse the Board for inspection costs plus an administrative
fee of $500.00. All service connections from the private main shall be constructed by Owner at its
sole cost and expense, in strict accord with plans and specifications approved and on file with the
Board under the supervision and approval of the Board.
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 2
4. All necessary maintenance, repairs, operation and /or replacement of the main and service
connections shall be home by Owner at its sole cost and expense, in strict accordance with plans
and specifications approved and on file with Maplewood and the Board and subject to approval by
Maplewood and the Board.
5. Maplewood and the Board, at the request of Owner, or in case of default by Owner in
relation to the construction, reconstruction, maintenance, repair or operation of said private main,
may enter upon the Easement Area and construct, reconstruct, maintain, repair or operate said
private main for the aforesaid purposes of the same and all reasonable cost and expense thus
incurred by the Board shall be chargeable by the Board to Owner and shall become due and payable
upon presentation of an invoice therefore; and if such charges are not paid when due, they shall
become and constitute a lien upon the real property served. In the event of nonpayment, the Board
reserves the right to deny service.
6. The Board agrees to supply water service to the Property as the same have been or shall
be developed for commercial purposes, subject to and in accordance with applicable rates or
charges, rules and regulations as they are or shall be established from time to time by the Board. It is
understood and agreed, however, that the Board undertakes to supply such water supply only in case
the pressure in its mains is sufficient to enable it so to do, and the Board assumes no responsibility
for failure to supply water resulting from acts or conditions beyond its control.
7. It is agreed by and between the parties hereto that this Agreement shall be subject to
water service rates, rules and regulations germane to the subject of this Agreement now in force and
hereinafter prescribed and promulgated by the Board or by Maplewood and further that there shall
be
P:;WORKSWGENDAV9- 11- 06AMAPLE LEAF RIDGE PVT WATERMAIN AGRMT.DOC 3
and hereby is reserved to the Board and to Maplewood the right to change, revise, alter and amend
such rates, rules and regulations as their discretion shall direct to that end that such rates, rules and
regulations shall be reasonable.
8. No extension of the private water main shall be made without the prior written consent of
Maplewood and the Board. All necessary service connection taps from the private water main shall
be installed by the Board upon due application therefore on a form supplied by the Board and shall
be installed by the Board at the cost and expense of the party requesting the same. Official addresses
for each service connection shall be obtained by Owner from the City of Maplewood and furnished
to the Board prior to the installation of service connection taps.
9. The Board reserves the right to shut off the water service when necessary for the
extension, replacement, repair or cleaning of the private water main or apparatus appurtenant
thereto, and the Board shall not be held liable for any damage occasioned thereby.
10. This Agreement shall be binding upon Owner, its successors and assigns. Owner shall
not assign its rights and obligations hereunder without first obtaining the written consent of the
Board, which consent shall not be unreasonably withheld by the Board. In the event that Owner
desires to transfer its title to a portion of the property hereof, it is expressly understood and agreed
that the Owner and transferees shall enter into an agreement by which the transferees shall agree to
pay all or a proportionate share of the cost of maintenance and replacement of the private water main
and further agree to assume all or a proportionate share of the responsibility and liability arising out
of the operation, maintenance, use and repair of the main or service pipes. This agreement shall be in
form as to be subject to the approval of the Board, and the Board shall be provided with two (2)
executed copies of the agreement.
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 4
11. Owner, in consideration of its being supplied water by the Board, upon the terms and
conditions herein outlined, shall comply strictly with all of the rules and regulations of the Board,
and shall pay or cause to be paid unto the Board therefore according to all applicable rates and
charges prescribed and promulgated therefore by the Board now in existence or as may be modified
or amended, which are hereby incorporated by reference. The Board reserves the right to shut off
the water supply for nonpayment of applicable water charges, and it is expressly agreed that such
unpaid water charges and costs incurred by the Board pursuant to this Agreement shall be and
constitute a lien upon the Property.
12. Owner, its successors and assigns, shall indemnify, defend and save harmless,
Maplewood and the Board, its officers, agents employees and servants from all suits, actions or
claims which shall arise from any injuries or damage caused by any break or leak in any service
pipe, private main, other main or connection authorized by this Agreement, except those arising
from the negligence of Maplewood or the Board that may occur from the furnishing of a supply of
water by the Board to the Owner, its tenants, successors and assigns or other persons, firms or
corporations served and to be served by this private water main; and further, that Owner, its
successors and assigns, shall indemnify, defend and save harmless Maplewood and the Board
against any claim, action or lawsuit brought against Maplewood or the Board, except those arising
from the negligence of Maplewood or the Board, in connection with or as a result of the furnishing
of such supply of water, by Maplewood or the Board, to Owner, or other persons, firms or
corporations served on the Property by such private water main or service connections.
13. The undersigned represent that they have the power and authority to execute this
Agreement on behalf of their respective parties.
[Remainder of page left intentionally blank.]
P:;WORKSWGENDAV9- 11- 06AMAPLE LEAF RIDGE PVT WATERMAIN AGRMT.DOC 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
first shown above.
For Owner:
STATE OF MINNESOTA
SS.
COUNTY OF
MAPLE LEAF HOLDINGS, LLC
Mark Gossman, Chief Manager
0
The foregoing instrument was acknowledged before me this day of
2006, by Mark Gossman, Chief Manager, Maple Leaf Holdings, LLC, a Minnesota limited liability
company, on behalf of the company.
Signature of person taking acknowledgment
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 6
For Maplewood:
STATE OF MINNESOTA
COUNTY OF
SS.
CITY OF MAPLEWOOD
Diana Longrie, Mayor
0
Greg Copeland, Interim City Manager
an
The foregoing instrument was acknowledged before me this _ day of
2006, by Diana Longrie, Mayor of the City of Maplewood, a Minnesota municipal corporation, on
behalf of the corporation.
STATE OF MINNESOTA
SS.
COUNTY OF
Signature of person taking acknowledgment
The foregoing instrument was acknowledged before me this day of I
2006, by Greg Copeland, Interim City Manager of the City of Maplewood, a Minnesota municipal
corporation, on behalf of the corporation.
Signature of person taking acknowledgment
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 7
For the Board:
Form Approved:
BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAINT PAUL
By:
Assistant City Attorney
City of Saint Paul
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
Patrick Harris, President
Janet Lindgren, Secretary
The foregoing instrument was acknowledged before me this day of I
2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
Signature of person taking acknowledgment
The foregoing instrument was acknowledged before me this _ day of
2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
.0
Signature of person taking acknowledgment
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 8
C
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
Matthew G. Smith, Director
Office of Financial Services
The foregoing instrument was acknowledged before me this day of
2006, by Matthew G. Smith, Director, Office of Financial Services, City of Saint Paul, Minnesota, a
Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
P: LEAF RIDGE PVT WATERMAIN AGRMT.DOC 9
The undersigned Mortgagee joins in the execution of this Agreement for the purpose of evidencing
its consent thereto and recognizing the rights of the Board of Water Commissioners of the City of
Saint Paul.
STATE OF MINNESOTA )
Ss.
COUNTY OF )
LIM
Its:
an
Its:
The foregoing instrument was acknowledged before me this _ day of
2006, by
the
and
and , respectively of
a
behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Saint Paul Regional Water Sen ices
1900 Rice Street
Saint Paul, Minnesota 55113
Phone: 651 -266 -6270
corporation, on
Signature of person taking acknowledgment
P:;WORKSWGENDAV9- 11- 06AMAPLE LEAF RIDGE PVT WATERMAIN AGRMT.DOC 10
Agenda Item 15
MEMORANDUM
TO:
FROM:
SUBJECT:
PROJECT:
LOCATION:
DATE:
City Manager
Ken Roberts, Planner
Conditional Use Permit Review
Mounds Park Academy
2051 Larpenteur Avenue East
August 31, 2006
INTRODUCTION
The conditional use permit (CUP) for Mounds Park Academy at 2051 Larpenteur Avenue is due
for review. The CUP is for a school in an R -1 (single- family residential) zoning district. (See the
maps on pages three through five and the city council minutes starting on page six.)
BACKGROUND
On May 24, 2004, the city council made several approvals for Mounds Park Academy including:
1. A land use plan change for two adjacent residential properties on Larpenteur Avenue. This
change was from R -1 (single dwellings) to S (school). The revision was for the site expansion,
the revised parking lot and driveway plans and for the proposed building additions. (See the
maps on pages three through five.)
2. A conditional use permit (CUP) revision. The Maplewood City Code requires a CUP for
schools in any location.
3. The design plans for the project, including the site, building and landscaping plans.
On March 28, 2005, the city council approved a request for up to $14 million in tax - exempt
financing for Mounds Park Academy.
DISCUSSION
The school recently finished their field house and classroom addition on the west and north sides
of their building. Over the summer, staff received complaints from one of the neighbors on Ruth
Street about several matters at Mounds Park Academy. The complaints included issues with the
pond near Larpenteur Avenue, glare from the lights in the parking lot and with the garbage hauler
that is serving the school.
On August 1, 2006, 1 spoke to Mr. Dave Aune, the business manager for Mounds Park Academy,
about the concerns of the neighbor. Mr. Aune told me that during August the school would be
working with the neighbor to address their concerns. To this end, the school made changes to the
pond and to the parking lot lights to correct the problems with each of these. Mr. Aune also told
me that with the completion of the driveway to Beebe Road, the garbage hauler would be
entering the school property from Beebe Road and not from Larpenteur Avenue. This change in
access and in traffic direction should help reduce the noise from the garbage trucks that was
affecting the residents that live west of the school on Ruth Street.
Since the school made the changes to the pond and to the lights, staff has not received any more
complaints from the neighbors. Staff recommends that the city review the CUP for Mounds Park
Academy again in one year to ensure compliance with the conditions of approval.
RECOMMENDATION
Review the conditional use permit for Mounds Park Academy at 2051 Larpenteur Avenue again in
one year.
p /Sec 14 /mpa CUP Review - 2006
Attachments:
1. Location Map
2. Property Line Map
3. Approved Site Plan
4. May 24, 2004 City Council Minutes
2
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MINUTES Attachment 4
MAPLEWOOD CITY COUNCIL
7:06 P.M. Monday, May 24, 2004
Council Chambers, Municipal Building
Meeting No. 04-11
A.
[a
A
H.
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the Municipal
Building, and was called to order at 7:06 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
A moment of silence was held in memory of Barbara Goss, the mother of Maplewood City
Clerk Karen Guilfoile.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
PUBLIC HEARINGS
2. 8:15 p.m. Mounds Park Academy Expansion (2051 Larpenteur Avenue)
Land Use Plan Change (R-1 to S (school) (4 votes)
Conditional Use Permit Revision
Design Approval
a. City Manager Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
b. Community Design Review Board member Longrie-Kline presented the Design
Review Board Report
C. Commissioner Bartol presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Dave Aune, Business Manager for Mounds Park Academy, Maplewood
Ron Cockriel, 943 Century Avenue, Maplewood, Maplewood
9. Mayor Cardinal closed the public hearing.
6
City Council Meeting 05-24-04
Councilmember Monahan-Junek moved to adopt the following resolution changing the land
use plan designation from R -1 (single Dwellings) to S (school) for the properties at 2025
and 2027 Larpenteur Avenue:
LAND USE PLAN CHANGE RESOLUTION 04-05-095
WHEREAS, David Aune, representing Mounds Park Academy, proposed a change to the city's
land use plan from R -1 (single dwellings) to S (school).
WHEREAS, this change applies to the properties at 2025 and 2027 Larpenteur Avenue (in
Section 14, Township 29, Range 22, Ramsey County, Minnesota).
WHEREAS, the history of this change is as follows:
On May 3, 2004, the planning commission held a public hearing. The city staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve the plan
amendment.
2. On May 24, 2004, the city council discussed the proposed land use plan change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
change for the following reasons:
1. It would be consistent with the goals and objectives of the comprehensive plan including:
a. Provide for orderly development.
b. Minimize conflicts between land uses.
c. Whenever possible, changes in types of land use should occur so that similar uses front on
the same street or at borders of areas separated by major man-made or natural barriers.
d. Transitions between distinctly differing types of land uses should not create a negative
economic, social or physical impact on adjoining developments.
e. The city coordinates land use changes with the character of each neighborhood.
f. Protect neighborhoods from encroachment or intrusion of incompatible land uses by
adequate buffering and separation.
2.This area would eliminate the planned residential area that was on a minor arterial street and
was between a residential area and the existing school.
3.This site is proper for and consistent with the city's policies for a school. This includes:
7
City Council Meeting 05-24-04
a. It is on a minor arterial street and is near a collector street.
b. Minimizing any adverse effects on surrounding properties because there would be no
traffic from this development on existing residential streets.
4. It would be consistent with the proposed land use.
Seconded by Councilmember Koppen Ayes-All
Councilmember Monahan-Junek moved to adopt the following resolution approving a
revision for the conditional use permit for Mounds Park Academy at 2051 Larpenteur
Avenue:
CONDITIONAL USE PERMIT REVISION RESOLUTION 04-05-096
WHEREAS, Mr. David Aune, representing Mounds Park Academy, has requested a revision to the
conditional use permit for their school.
WHEREAS, this permit applies to the existing school property at 2051 Larpenteur Avenue and the
properties at 2025 and 2027 Larpenteur Avenue. The legal descriptions are:
Tracts A, D, E, F, G, and H of Registered Land Survey No. 396, Ramsey County,
Minnesota.
Subject to County Road A (Larpenteur Avenue), the west 132 feet of the South 330 feet of
the SE 1 /4 of Section 14, Township 29, Range 22 (PIN 14-29-22-43-0009)
Subject to County Road A (Larpenteur Avenue), the east 132 feet of the West 264 feet of the
South 330 feet of the SE 1 /4of Section 14, Township 29, Range 22 (PIN 14-29-22-43-0008)
WHEREAS, the history of this conditional use permit revision is as follows:
The planning commission discussed the conditional use permit revision on May 3, 2004.
They recommended that the city council approve the revision.
2. The city council held a public hearing on May 24, 2004. City staff published a notice in
the paper and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision for the following reasons:
The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
8
City Council Meeting 05-24-04
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor,
fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
All construction must comply with the site plan, date-stamped April 8, 2004. N-WO - W 1
The city council may approve major changes. The director of community development
may approve minor changes. Such changes shall include:
a. Revising the grading and site plans to show the contractor minimiziniz the loss or removal
of natural vegetation and to meet all the conditions of the city engineer.
The school may implement the changes and additions shown on the plans in phases.
2. The city council shall review this permit revision one year from the date of approval, based
on the procedure in the city code.
3. The school shall turn the tennis court lights off by 9:00 p.m. Only the school shall use the
tennis court lights.
4. The school shall only use the area between the tennis courts and pond and the west lot line as
a track or route for running during fall and spring cross-country meets.
5. The school shall not allow garbage or trash pick-up between the hours of 11 :00 12.m and
5-30,9.m.
9
City Council Meeting 05-24-04
d. The city council requires that the school remove kme the westerly access at Price Avenue
e. The wooden screening fence shall be kept in good repair.
f. The school, the fire marshal and the city building official shall agree on a p lan for the
school to make the required life safety and building improvements to the existing building.
This plan shall include the installation of:
a. The required fire protection (sprinkler) systems.
b. An early warning fire protection system (smoke detection and monitoring).
c. Additional emergency lights and exit signs (if necessary).
d. The necessary changes to meet the handicapped accessibility code requirements.
e. A pr address on the building.
f. Any other changes the fire marshal or the building official deem necessM.
g. 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.
It. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes that the engineers noted in the memo dated April 26,
2004, including the installation of the sidewalk along Larl2enteur Avenue..
i. The school shall be responsible for the maintenance and clean 2D of the yonding areas on
their property.
j. The school shall post the driveways and drive aisles as no parking zones.
k. The city council shall review this permit revision in one year.
Seconded by Councilmember Koppen Ayes-All
Councilmember Monahan-Junek moved to approve the plans date-stamped April 8, 2004
(site plan, landscape plan, grading and drainage plans and building elevations) for Mounds
Park Academy.
This approval is subject to the applicant or contractor doing the following:
I.Repeat this review in two years if the city has not issued a grading permit or a
building permit for this project.
2. Complete the following before the city issues a grading or building permit:
10
City Council Meeting 05-24-04
a. Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk,
driveway and parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation, water elevation and contour information.
These shall include the normal water elevation and 100-year high water
elevation for the ponds.
(b) Include contour information for all the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed
board or by the city engineer. The ponds or basins shall meet the city's design
standards and shall include best management practices and rainwater gardens
wherever practical.
(d) Show all proposed slopes steeper than 3:1 on the proposed construction plans.
The city engineer shall approve the plans, specifications and management
practices for any slopes steeper than 3:1. This shall include covering these
slopes with wood-fiber blankets and seeding them with a "no mow" native
vegetation rather than using sod or grass.
(e) Show all retaining walls on the plans. Any retaining walls more than four feet
tall require a building permit from the city.
(f) Show as little disturbance as possible on the west and east sides of the site to
minimize the loss or removal of the trees. This is to keep and protect as many of
the trees along the west and east property lines as possible.
(g) Show the required sidewalk along Larpenteur Avenue.
(3) The tree plan shall:
(a) Be approved by the city engineer before site grading or tree removal.
(b) Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
(c) Show the size, species and location of the replacement trees. The deciduous
trees shall be at least two and one half (2 112) inches in diameter and shall
be a mix of coniferous trees and red and white oaks and sugar maples.
(d) Show no tree removal beyond the approved grading and tree limits.
11
City Council Meeting 05-24-04
(4) All the parking areas and driveways shall have continuous concrete curb and
gutter except where the city engineer decides that it is not needed.
(5) The project engineer shall submit to the city a storm water management plan,
including drainage and ponding calculations, for the proposal.
(6) Make all the changes and meet all the conditions as required by the city engineer
and as noted by Chuck Vermeresch in the memo dated April 26, 2004.
b. Submit a certificate of survey for all new construction.
c. Submit a revised landscape plan to staff for approval that incorporates the following
details:
(1) Preserving as much of the existing vegetation (including large trees) along the
western and eastern property lines as possible.
(2) The manicured or mowed areas from the natural areas. The native grasses and
flowering plants shall be those needing little or no maintenance. Specifically, the
developer or contractor shall have the natural areas seeded with an upland
mixture and lowland mixtures as appropriate.
(3) That shows the location of all large trees on the site.
(4) All trees would be consistent with city standards for size, location and species.
(5) Planting (instead of sodding) the disturbed areas around the ponding areas with
native grasses and native flowering plants. The native grasses and flowering
plants shall be those needing little or no maintenance and shall extend at least
four feet from the ordinary high water mark (OHWM) of the pond. This is to
reduce maintenance costs and to reduce the temptation of people mowing into the
pond.
(6) The maple trees must be at least 2 112 inches in caliper, balled and burlapped.
(7) The plantings proposed around the building shown on the landscape plan date-
stamped April 8, 2004 shall remain on the plan.
(8) In addition to the above, the contractor shall sod all front, side and rear yard
areas (except for mulched and edged plantings or tree beds).
(9) No landscaping shall take place in the Larpenteur Avenue boulevard. The
contractor shall restore the boulevard with sod.
12
City Council Meeting 05-24-04
(10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the
west property line of the site. These trees are to be at least six feet tall and the
contractor shall plant these trees in staggered rows. The contractor shall place the
trees to reduce the effects of motor vehicle headlight glare to adjacent residential
properties.
d. Submit material samples and color schemes for each building addition to staff for
approval. The building materials and windows (including the frames and glass) shall be
compatible with the existing building.
e. Get a demolition permit from the city to remove the existing houses and garages from
the properties at 2025 Larpenteur Avenue and 2027 Larpenteur Avenue.
f. Get the necessary approvals and permits from the watershed district.
g. Get the necessary approvals and permits from Ramsey County.
h. Provide design details (height, depth and materials) about the proposed retaining walls.
i. After demolition, the school shall combine the properties at 2025 and 2027 Larpenteur
Avenue with the school property for tax and identification purposes.
j. Submit plans for staff approval for the removal and replacement of the six-foot-high
screening fence along the west property line. This fence shall extend from the
Larpenteur Avenue right-of-way to the existing pond.
k. Submit a letter of credit or cash escrow for all required exterior improvements. The
amount of the escrow shall be 150 percent of the cost of the work.
3. Complete the following before using the new parking lots or before occupying the building
additions:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding
areas, which may be seeded.
c. Install continuous concrete curb and gutter along all interior driveways and around all
open parking stalls.
d. Install a handicap-parking sign for each handicap-parking space and an address on the
building. In addition, the applicant shall install "no parking" signs along all the
driveways and drive aisles within the site and elsewhere, as may be required by staff.
e. Paint any roof-top mechanical equipment to match the uppermost part of the building.
(code requirement)
13
City Council Meeting 05-24-04
f. Install on-site lighting for security and visibility that follows the approved site lighting
plan. All exterior lighting shall follow the approved lighting plan that shows the light
spread and fixture design. All light fixtures must have concealed lenses and bulbs to
properly shield glare from the adjacent street right-of-ways and from adjacent
properties.
g. Remove and replace the privacy fence along the western property line from the right-of-
way of Larpenteur Avenue to the existing pond.
h. The developer or contractor shall:
(1) Complete all grading for the site drainage 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) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on
the approved project plans.
(5) Install the required landscaping with each phase of the project.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the city for all required
exterior improvements. The owner or contractor shall complete any unfinished
landscaping by June I if the contractor finishes the new parking lot in the fall or
winter or if the building additions are occupied in the fall or winter, or within six
weeks of occupancy if the building additions are occupied in the spring or summer.
The city receives an agreement that will allow the city to complete any unfinished
work.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
6. This approval does not include signage. All proposed signs must comply with the city's
sign ordinance and the applicant must obtain all required sign permits before the
installation or relocation of signs.
Seconded by Councilmember Juenemann Ayes-All
14
City Council Meeting 05-24-04
Agenda Item K1
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
DuWayne Konewko, Environmental Manager
SUBJECT: Second Reading of Ordinance to Establish Full Commission Status for the
Environmental Committee
DATE: August 29, 2006
INTRODUCTION
On August 14, 2006 city council discussed and approved the first reading of the ordinance to establish full
commission status for the Environmental Committee.
BACKGROUND
A name change was proposed so that the former Environmental Committee shall be known as the
Environmental and Natural Resources Commission. The only other revisions to the proposed ordinance
are the duties and responsibilities of the Environmental and Natural Resources Commission which will be
as follows:
In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental
and Natural Resources Commission will:
1. Establish environmental priorities for the city.
2. Recommend to the Community Design Review Board, Planning Commission and City Council
changes necessary to existing policies, operating procedures and ordinances that control, protect,
preserve and enhance the city's environmental assets.
3. Recommend to the Community Design Review Board, Planning Commission and City Council new
policies, operating procedures and ordinances that control, protect, preserve and enhance the city's
environmental assets.
4. Actively participate in and support the mission and goals of the Maplewood Nature Center and
Neighborhood Preserves by promoting environmental awareness through educational programs,
communications and co- sponsored activities.
5. Pro - actively promote greater use and appreciations of the city's environmental assets.
6. Review the role of other city groups and how they might assist, support and advise the
Environmental and Natural Resources Commission.
7. Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating
environmental assets of the city.
8. Develop educational programs and materials that foster the mission to the Environmental and
Natural Resources Commission.
9. Develop and promote the use of "sustainable practices" for city policies and procedures.
Agenda Item K1
RECOMMENDATION
It is recommended that council conduct the second reading and adopt the proposed ordinance amendment
to establish the Environmental and Natural Resources Commission as an advisory board to the city council
as provided by Minnesota statutes.
Attachments:
1. Copy of August 14, 2006 agenda report for the First Reading of Ordinance to Establish Full Commission Status for the Environmental
Committee.
2. Copy of proposed ordinance establishing an Environmental and Natural Resources Commission.
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
DuWayne Konewko, Environmental Manager
SUBJECT: First Reading of Ordinance to Establish Full Commission
Status for the Environmental Committee
DATE: July 26, 2006
INTRODUCTION
The environmental concerns of the City of Maplewood are currently being
addressed by the Environmental Manager and the ad -hoc Environmental
Committee. Per council directive, it is now desirable to amend city ordinance to
establish full commission status for the Environmental Committee.
BACKGROUND
The formation of the Environmental Committee was approved by council on
January 26, 2004. Environmental Committee members were appointed by the
city council on June 14, 2004 after an interview process. The Environmental
Committee currently operates as an ad -hoc committee that is responsible for
advising the city council and other boards on matters relevant to the
environment. This includes recycling, solid waste, environmental education,
water resources, wetlands and storm water management.
The Environmental Committee consists of seven residents appointed by the city
council to three -year staggered terms. The proposed Commission will also have
seven members with three -year staggered terms and a chairperson and a vice -
chairperson. The city council may also elect to increase the membership of the
Environmental Commission from seven to nine members in order to increase
citizen participation and to spread out the workload. The duties and
responsibilities of the Commission will be to:
(1) Promote and encourage recycling participation from Maplewood residents
including multi -unit residential complexes.
(2) Promote and encourage recycling participation from Maplewood
businesses.
(3) Promote and encourage reduction and prevention of solid waste
generation from Maplewood residents and businesses.
(4) Educate residents and businesses about storm water management and
the reduction of pollutants that may adversely impact surface and ground
water.
(5) Promote natural landscaping techniques including the use of rain gardens,
composting, low impact lawns and increase awareness of exotic plant
species.
(6) Encourage students to take on a leadership role in promoting
environmental causes and programs.
(7) Continue to maintain a close working relationship with Ramsey County
and other governmental bodies.
(8) Support and help implement the mission and goals of the city council.
(9) Accept such other duties as may, from time to time, be directed by the city
council, including conducting hearings.
The timeline schedule for council adoption to establish an Environmental
Commission is as follows:
• Publish proposed amendment in official city newspaper on August 9 and
16, 2006.
• First reading on August 14, 2006.
• Second reading and adoption on September 11, 2006.
RECOMMENDATION
It is recommended that the council conduct the first reading of the proposed
ordinance amendment to establish an Environmental Commission as an advisory
board to the city council as provided by Minnesota statutes.
Attachment:
1. Copy of proposed ordinance establishing an Environmental Commission.
MAPLEWOOD CODE
DIVISION 6. ENVIRONMENTAL AND NATURAL RESOURCES
COMMISSION
See. 2-2xx. Established
The city council establishes for the city an environmental and natural resources
commission as an advisory board to the city council, as provided in Minn. Stats. §§
462.351-462.365.
(Code 1982, § 25-17)
See. 2-2xx. Advisory body; exceptions
All actions of the advisory environmental and
the nature of recommendations to the city cou
authority about any matters, except as the cou:
(Code 1982, § 25-18)
esources commission shall be in
the commission shall have no final
lawfully delegate authority to it.
State law reference- City environmental and natural resources agency to be advisory,
except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1.
See. 2-2xx. Composition; appointment; qualifications; terms
(a) The environmental and natural resources commission shall have seven members
appointed by the council. The members shall be residents of the city and may not
hold an elected city public office. When possible, the council shall select
commission members to represent the various areas of the city and to help meet the
needs of the residents.
(b) The city council shall appoint members of the environmental and natural resources
commission for three-year terms. If the appointment is to fill a vacancy, the
appointment would be to finish the unexpired part of the vacated terms.
(Code 1982, § 25-19)
See. 2-2xx. Chairperson and vice-chairperson.
The environmental and natural resources commission shall elect a chairperson and a
vice-chairperson at the first environmental and natural resources commission meeting in
January each year. The chairperson shall be responsible for calling and presiding at
meetings and shall have an equal vote with other members of the commission. If the
chairperson is not at a meeting, the vice-chairperson shall assume the duties of the
chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on
the environmental and natural resources commission, the vice-chairperson shall become
the acting chairperson until the environmental and natural resources commission can hold
an election for new officers.
(Code 1982 § 25-20)
Sec. 2 -2xx. Vacancies.
(a) Any of the following may cause the office of an environmental and natural
resources commissioner to become vacated:
(1) Death or removal from the city
(2) Disability or failure to serve, as shown by failure to attend three meetings in
any year, may be cause for removal by council majority, unless good cause
can be shown to the council.
(3) Resignation in writing.
(4) Taking public office in the city.
(b) Vacancies shall be filled by the council for the unexpired portion of the vacated
term.
(Code 1982, § 25 -21)
See. 2 -2xx. Officers; meetings; rules of procedure.
(a) The environmental and natural resources commission shall elect its own officers,
establish meeting times, and adopt its own rules of procedure to be reviewed and
approved by the city council.
(b) All meetings of the environmental and natural resources commission shall be
(Code 1
Duties
In order to protect, preserve and enhance the environment of the City of Maplewood, the
Environmental and Natural_ Resources Commission will:
(1) Establish environmental priorities for the city.
(2) Recommend to the Community Design Review Board, Planning Commission and
City Council changes necessary to existing policies, operating procedures and
ordinances that control, protect, preserve and enhance the city's environmental assets.
(3) Recommend to the Community Design Review Board, Planning Commission and
City Council new policies, operating procedures and ordinances that control, protect,
preserve and enhance the city's environmental assets.
(4) Actively participate in and support the mission and goals of the Maplewood Nature
Center and Neighborhood Preserves by promoting environmental awareness through
educational programs, communications and co- sponsored activities.
2
(5) Pro-actively promote greater use and appreciations of the city's environmental assets.
(6) Review the role of other city groups and how they might assist, support and advise
the Environmental and Natural Resources Commission.
(7) Sponsor environmental projects to enhance, repair, replace or restore neglected or
deteriorating environmental assets of the city.
(8) Develop educational programs and materials that foster the mission to the
Environmental and Natural Resources Commission.
(9) Develop and promote the use of "sustainable practices" for city policies and
procedures. (Code 1982, § 25-23)
See. 2-2xx. Compensation; expenses.
All members of the environmental and natural resources commission shall serve
without compensation. However, approved expenses of the environmental and natural
resources commission shall be paid from available city funds.
See. 2-2xx. Responsibilities of the Environmental Manager.
Subject to the direction of the city manager, the environmental and natural resources
commission and its chairperson, the environmental manager who reports to the city
engineer shall:
(1) Conduct all correspondence of the commission.
(2) Send out all required notices
(3) Attend all meetings and hearings of the commission.
(4) Keep the dockets and minutes of the commission's proceedings.
(5) Keep all required records and files.
(6) Maintain the files and indexes of the commission.
(Code 1982, §25 -25)
Sec. 2-2xx. Duties of city engineer, city attorney and other city employees.
(a) The city engineer and the city attorney shall be available to the environmental and
natural resources commission. The city engineer and attorney shall have the right
to sit in with the commission at all meetings, but shall not be entitled to vote as
members of the commission.
(b) All city engineering department employees and other regular employees or
personnel of the city shall cooperate with the environmental and natural resources
commission and make them self available and attend meetings when requested to
do so.
(Code 1982, § 25-26)
3
This ordinance shall be effective on October 1. 2006.
Passed by the City Council of the City of Maplewood on this 11` day of September,
2006.
Diana Longrie, Mayor
ATTEST:
Karen Guilfoile, City Clerk
0
Agenda Item K2
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Steve Kummer, Civil Engineer II
SUBJECT: Kenwood Curb Assessment, City Project 05 -16
1. Approve Resolution for Adoption of Revised Assessment Roll
DATE: August 31 2006
INTRODUCTION
On August 28, 2006, the city council approved a resolution for the adoption of the Assessment Roll for the
Kenwood Curb Assessment (project 05 -16). The assessment is generally for residents along Eldridge
Avenue and Greenbrier Street north of Eldridge Avenue who petitioned the council for full - reconstruction of
their respective streets. Thirty -One (31) residents were included in the Assessment Roll. One (1) objection
has been received since the writing of the August 21, 2006 agenda report. Recommendations for action on
objection are provided for the council to revise or confirm the final assessment roll for the project.
Background
The proposed assessments for the Kenwood Curb Assessment were submitted to the city council for
adoption at the August 28, 2006. Residents were provided with the required 14 -day advanced notice of the
city's intent to levy the assessments, and the residents were required to file a written notice if they objected
to the assessment amount. One property owner provided a written objection as follows:
1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive
East (PIN 172922110087): Mr. Reiling disagrees with the assessment that has been applied to his
lot. He requests either deferral of the assessment until the lot is developed or cancellation of the
assessment.
Recommended Adjustments
The following action is recommended on the objection request:
1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive
East (PIN 172922110087): Grant deferral of assessment, without interest, until such time property
is developed, subject to a signed agreement by the property owner. If the property is not developed
within 15 years from the date of the assessment hearing, the deferred assessment shall be
cancelled.
BUDGET IMPACT
If the recommended cancellations to the assessment roll are approved, the total assessments would be
reduced by $1,140, from $36,480.00 to $35,340.00. No adjustments to the budget would be required at this
time.
Agenda Item K2
RECOMMENDATION
Staff recommends that the city council approve the attached Resolution for the Adoption of the Revised
Assessment Roll for the Kenwood Area Street Improvements, Project 05 -16.
Attachments:
1. Resolution: Adoption of the Assessment Roll
2. Assessment Roil
3. Location Map
4. Assessment objections (1)
a
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on August 28, 2006, the
assessment roll for the Kenwood Curb Assessment, City Project 05 -16, was presented in a Public Hearing
format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessment according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive
East (PIN 172922110087): Mr. Reiling disagrees with the assessment that has been applied to his
lot. He requests either deferral of the assessment until the lot is developed or cancellation of the
assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to
the assessment roll for the Kenwood Curb Assessment, Project 05 -16:
1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive
East (PIN 172922110087): Grant deferral of assessment, without interest, until such time property
is developed, subject to a signed agreement by the property owner. If the property is not developed
within 15 years from the date of the assessment hearing, the deferred assessment shall be
cancelled.
B. The assessment roll for the Kenwood Curb Assessment, as amended, is hereby accepted, a
copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assessment levied against it.
C. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2007 and shall bear
interest at the rate of 5.9 percent per annum for the date of the adoption of this assessment resolution. To
the first installment shall be added interest on the entire assessment from the date of this resolution until
December 31, 2006. To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than November 1, 2006, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the office of the city engineer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution;
and they may, at any time after November 1, 2006, pay to the county auditor the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is
made. Such payment must be made before November 15 or interest will be charged through December 31
of the next succeeding year.
E. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than
November 15 2006, transmit a certified duplicate of this assessment to the county auditor to be extended
on the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the council on this 11th day of September 2006.
KENWOOD AREA STREET IMPROVEMENTS
CITY PROJECT 05 -16
07/12/2006
ASSESSMENT FOR REVISION FROM PARTIAL CURB REPLACEMENT TO FULL CURB REPLACEMENT
TOTALS
Street Assessments
Res. Units
Comm. Street
Reconstruction
1
32
Street Assessments
Parcel ID
Taxpayer
Street
Number
Street
ZIP
Res. Units
Full Curb Replacement
Assessment
$ 1,140.00
172922120006
THOMAS H BERKAS
675
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922120007
M SHAWN DELANEY
683
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922120008
KAREN J BADE TRUSTEE
691
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922110028
DJ DAHL
767
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922110027
L R B JOHANSSON
759
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922110026
WARREN P NENTWIG
749
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922110025
DAVID A SCHLUENDER
739
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922120049
GEORGE A TOREN
678
ELDRIDGE AVE E
55117 -2210
1
$ 1,140.00
172922120048
JON M OTTO
686
ELDRIDGE AVE E
55117 -2210
1
$ 1,140.00
172922110076
WHITNEY P WINN
810
ELDRIDGE AVE E
55117 -2254
1
$ 1,140.00
172922110043
FELIX A GUDIO
768
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110046
TERRANCE A INGLE
742
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110047
PAUL D BIRKEY
734
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110091
JASON F WELSH
760
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110092
DONALD W DEUTSCH
752
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110087
JAY REILING
0
KENWOOD DR E
55117-
1
$ 1,140.00
172922110020
GEORGE L ANFANG
2132
GREENBRIER ST N
55117 -2236
1
$ 1,140.00
172922110019
J L ZOLLINGER
2138
GREENBRIER ST N
55117 -2236
1
$ 1,140.00
172922120010
DUANE E BREKKEN
2135
GREENBRIER ST N
55117 -2248
1
$ 1,140.00
172922110021
MICHAEL L PROHOFSKY
2124
GREENBRIER ST N
55117 -2236
1
$ 1,140.00
172922120009
WYLIE BURNS
699
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922110022
D E PALKOVICH
2116
GREENBRIER ST N
55117 -2236
1
$ 1,140.00
172922110023
KEVIN C ZENK
723
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922110024
JEROME H EKBLAD
731
ELDRIDGE AVE E
55117 -2211
1
$ 1,140.00
172922110050
JOHN G SIMON
2100
GREENBRIER ST N
55117 -2218
1
$ 1,140.00
172922110049
CHRISTOPHER J REECE
716
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922110048
WILLIAM F LUND
724
ELDRIDGE AVE E
55117 -2212
1
$ 1,140.00
172922120054
SANDRA K SALVERDA
669 --
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922120053
THOMAS P SAWYER
661
ELDRIDGE AVE E
55117 -2209
1
$ 1,140.00
172922120014
STEVEN J FAVILLA
670
ELDRIDGE AVE E
55117 -2210
1
$ 1,140.00
172922120058
RONALD J SVENDSEN
650
ELDRIDGE AVE E
55117 -2210
1
$ 1,140.00
172922120059
THOMAS J MCDONOUGH
660
ELDRIDGE AVE E
55117 -2210
1
$ 1,140.00
TOTALS
Street Assessments
Res. Units
Comm. Street
Reconstruction
1
32
$ 36,480.00
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Exhibit 1: Project Location
Kenwood Area Street Improvements
City Project 05-16
R E C' E I V E 0
ASSESSMENT HEARING OBJECTION FORM
KENIA AREA STREPE IMPROVEMENTS
PROjECT 05-1 - 0
Address of assessed parcel
Property identification number:
- 7
- - - � --;' - I ( -
(12 digit number)
F-1
Do you w ,�7 iz
ish to address the city council tonight?
Yes No
Please complete this form if you intend to appeal to the city council to defer, revise
or cancel your assessment. This form must be completed and filed with the City
clerk no later than the close of tonight's city council assessment hearing. Your
request will become part of the public hearing record. I request that the city
council consider (check one):
a. �/j Deferral of assessment
b� Li Senior citizen deferment (over 65 years offage)
C. Lvni Cancellation of assessment
I
d. D- Revision of assessment
Reason for the request-
cl-
741 S z _7
11A
Print Name
n at u re Date
Address of Property OVvne.- Zip Telep
Agenda Item K3
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
DuWayne Konewko, Environmental Manager
SUBJECT: Ordinance Amendment to the Environmental Preservation and
Protection of Trees and Woodlands Ordinance- Second
Reading
DATE: September 5, 2006
INTRODUCTION
On August 14, 2006 city council discussed and approved the first reading of the
ordinance amendment to the Environmental Preservation and Protection of Trees and
Woodlands Ordinance.
i • i
Attached is the agenda report for the first reading of this ordinance from the August 14,
2006 meeting which details the proposed amendments to the existing tree ordinance.
The agenda report for the first reading also included the minutes from the July 18, 2006
Planning Commission meeting, the July 25, 2006 Community Design Review Board
meeting, a comparison of the Environmental Preservation and Protection of Trees and
Woodlands Ordinance to six other cities and a tree replacement calculation example.
RECOMMENDATION
It is recommended that council conduct the second reading and adopt the Environmental
Preservation and Protection of Trees and Woodlands Ordinance, with an effective date
of September 12, 2006.
Attachments:
1. Environmental Preservation and Protection of Trees and woodlands Ordinance
2. August 14, 2006 Agenda report for the first reading of the Environmental Preservation and Protection of Trees
and woodlands Ordinance
City of Maplewood Draft Ordinance
ENVIRONMENTAL PRESERVATION AND PROTECTION
OF TREES AND WOODLANDS
Revised: September 5, 2006
Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees
and woodlands provide better air quality, scenic beauty, protection against wind and water
erosion, natural insulation for energy conservation, and are beneficial in watershed management.
Trees and woodlands also provide wildlife habitat, privacy as screening, act as natural sound and
visual buffers, and increase property values. It is therefore the city's intent to protect, preserve,
and enhance the natural environment of Maplewood and to encourage a resourceful and prudent
approach to development in the city; thereby, promoting and protecting public health, safety,
and welfare of the citizens of Maplewood. The purpose of this article is to establish a tree
preservation and protection ordinance to assure the continuance of significant natural features for
present and future generations which:
1. Preserve the natural character of neighborhoods (in developed and undeveloped areas).
2. Protect the health and safety of
3. Protect water quality and minimize storm water runoff.
4. Prevent erosion or flooding.
5. Assure orderly development within wooded areas to minimize tree loss and
environmental degradation.
6. Establish a minimum standard for tree preservation and mitigation of environmental
impacts resulting from tree removal.
7. Establish and promote an on-going tree planting and maintenance program within the city
to assure trees and woodlands for future generations.
Applicability.
I This article shall apply to any individual, business, or entity that engage in a building or
development project which requires issuance of a grading permit or new building permit.
This includes all sites of new development that contain significant trees or woodlots.
Platting and adding new roadway and right of way are subject to this ordinance.
2. The following are exceptions and are exempt from the requirements of this ordinance:
a. Minor home additions, general home improvements, and construction of accessory
buildings (i.e. garage, shed).
Page 1 of 11
b. Tree removal related to city public improvement projects to existing roadways, sewers
and other infrastructure, utility/infrastructure work or repair.
c. Emergency removal of a tree(s) to protect public health.
d. Restoration of land to native prairie. Prairie restoration must be approved by the
environmental manager or city forester.
e. Commercial tree nursery and landscape operations.
f Removal of dead or dying trees.
Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Applicant means developer, builder, contractor or homeowner who applies for a building or
grading permit.
Caliper means a tree trunk measurement of nursery stock measured six (6) inches above ground
for tree trunks up to four (4) caliper inches. Tree trunks over four (4) caliper inches measured at
six (6) inches in height, move measurement point to twelve (12) inches above ground to measure
trunk caliper. Trees greater than four (4) caliper inches may have diameter measurements.
City Forester means a certified tree inspector/fori
designated by the city.
Coniferous /Evergreen Tree means a woody plant
branches year-round which at maturity is at least
and Larch are included as coniferous tree species.
Critical Root Zone
radius distance of of
tree has a CRZ with
L)eciauous i ree means a w(
at maturity is at least fifteen
Diameter means a s
inches at a height of
tree trunk in inches
determine diameter.
city, or appropriate agent
ving foliage on the outermost portions of the
elve (12) feet or more in height. Tamaracks
leans an imaginary linear circle surrounding the tree trunk with a
)t per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter
of sixteen (16) feet.
plant, which sheds leaves annually, having a defined crown and
feet or more in height.
oint of measurement of tree size, measurement of tree trunk in
one half (4.5) feet above ground. Measure the circumference of a
and one half (4.5) feet above ground and divide by (3.14) to
Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew
will fall directly to the ground from the leaves or branches of that tree.
Environmental Manager means an employee of the city who manages city-wide environmental
programs, or appropriate agent designated by the city.
Page 2 of 11
Hardwood Deciduous Tree means the following tree species: ash, basswood, birch, black
cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust,
oak, and walnut.
Major Home Addition means an addition on a single or double dwelling lot of which the addition
or accessory building is more than a sixty (60) percent increase in the footprint of the single or
double dwelling structure on said lot.
Maplewood Registered Forester means a person who is registered with the city as a consulting
forester and holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or
similar field from an accredited academic institution or is registered with the International
Society of Arboriculture as a certified arborist /forester.
Minor Home Addition means an addition on a single or double dwelling lot of which the addition
or accessory building is less than a sixty (60) percent increase in the footprint of the single or
double dwelling structure on said lot.
Ornamental Tree means a woody plant, which is grown for its beauty of its foliage and flowers.
Retaining Tull means a structure utilized to hold a slope in a position in which it would not
naturally remain.
Specimen Tree is a healthy tree of any species twenty -eight (28) inches in diameter or greater.
These trees are considered Significant Trees.
Significant Natural Feature means a significant water body, woodlot, significant slope, or a site
of historical or archeol aical si )4nificance that has been recorded with the state.
Sign cant Free means a healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, eight (8) inches in diameter for coniferous /evergreen trees, twelve
(12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty -eight
(28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants
as determined by the environmental manager are not considered a significant tree species at any
diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm,
poplar /aspen, silver maple, and willow.
Free Preservation Plan means a plan prepared with the assistance of a certified forester, which
clearly shows all trees in the area to be developed or within the parcel of record. The plan should
Page 3 of 11
include all significant trees to be preserved and measures taken to preserve them. The plan will
also include calculations to determine the number of replacement trees as required by the tree
mitigation schedule and a proposed re- forestation landscape plan.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid
waste, gas or similar service operations.
Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or
grasses.
Wetland as defined in the city's wetland ordinance.
Wilding Tree means a tree that was not grown or maintained by a nursery.
Woodlot means a treed area of at least one - quarter (114) acre on a vacant lot, which includes
significant tree(s).
Woodlot alteration permit. A woodlot alteration
environmental manager for review prior to removal of ar
reviewed by another application. The applicant shall
information needed to determine compliance with this orc
stated on an application form in the office of the enviro
shall be established yearly by the city council by resolul
woodlot alteration application before removal of a
moratorium for issuance of a city grading or buiidh
replacement for the parcel as outlined in the tree mitil
assumption that all trees that were removed are signifi
ication , shall be submitted to the
wing trees on a woodlot that is not
limit a tree plan and any other
nce. Specific requirements shall be
-ntal manager. An application fee
Failure to submit an approved
trees will result in a two -year
)ermit. In addition, a total tree
on /replacement schedule with the
t trees.
The environmental manager may approve a woodlot alteration permit that complies with this
ordinance and receive recommendations from the city forester concerning the proposed woodlot
alteration. The applicant may appeal environmental manager's decision to the environmental
committee in writing within fifteen (15) days of the environmental manager's written decision.
The applicant may appeal the environmental committee decision in writing within (15) days of
the environmental committee written decision to city council for final decision. Applicant must
first approach environmental manager then environmental committee before city council will
review.
Tree preservation plan. A tree preservation plan is required for any project which
requires any land use permit, grading permit, or building permit; excluding minor home
additions and the removal of dead, diseased, dying or hazardous trees of any size. A tree
preservation plan shall reflect the applicant's best effort to determine the most feasible and
practical layout of buildings, parking lots, driveways, streets, storage and other physical features,
so that the fewest significant trees are destroyed or damaged and to minimize the negative
environmental impact to the site. All tree replacements will be in addition to landscape tree
planting standards. An applicant may request a waiver from the environmental manager from
preparation of a tree preservation plan.
Page 4 of 11
Tree preservation plans shall include the following:
I A tree inventory overlay on the site plan that shows size, species, general health, and
location of all significant trees located within the area to be developed or within the
parcel of record. Location of groups of standing dead or diseased significant trees shall
be noted on inventory overlay.
All tree inventories shall be preformed by a certified forester and shall be consistent with
the engineer's grading plan contours.
All significant trees included in the tree inventory
reference on the tree preservation plan. These signil
the plan sheet(s) in both graphic and tabular form.
considered individual trees and each stem/trunk is mea
2. A certified forester must approve the
3. The tree preservation plan must be drawn at
submittals.
4. A tree preservation plan that coin
topography, wetland information,
include:
essary
be tagged in the field for
Tees should be identified on
growing in clump form are
as individual trees.
scale as the other site plan
-ring documents such as
building locations must
a. A list of total diameter inches of all healthy significant trees inventoried.
b. Listing of the total diameter inches of healthy significant trees removed.
-(s), and address(s) of the person(s) responsible for tree
f the development project.
5. Outer boundaries of all contiguous wooded areas, with a general description of trees not
meeting the significant tree size threshold and any indication of the presence of epidemic
tree diseases.
6. Delineation of all limits of land disturbance, clearing, grading and trenching.
7. Locations of the proposed buildings, structures, or impervious surfaces.
8. Location of trees protected and the proposed measures for protection including
delineation of tree protection fencing, tree protection signs, location for material storage,
parking, debris storage, and wash out area for redi-mix trucks.
9. Written description of tree preservation and safeguarding measures planned for the site.
Page 5 of 11
10. Size, species, number, and location of all replacement trees proposed to be planted on the
property in accordance with the tree mitigation/replacement schedule.
11. Signature of the person(s) preparing the plan.
The tree preservation plan shall be reviewed by the environmental manager, with advisement
from the city forester, for compliance with this ordinance. Reasons for denial shall be noted on
the tree preservation plan, or otherwise stated in writing.
Tree Preservation and Safeguarding Tree Measures.
1. All developments within the city shall be designed to preserve significant trees and
woodlots, where such preservation would not affect the public health, safety or welfare of
Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or
significant tree subject to the limitations as defined in this chapter. This decision shall be
based on but not limited to the following criteria:
a. Size.
b. Species, health, and attractiveness of the trees, incl
I ) Sensitivity to disease.
2) Life span.
3) Nuisance characteristics.
4) Sensitivity to site grading.
0) iNeect ior tninning a woociot.
7) Effects on the functioning of a development.
8) Fragmentation of wooded area and effects on wildlife corridors.
9) The public health, safety and welfare.
10) Effect on wetlands and/or watershed.
11) Native Prairie Restoration
2. Safeguarding preserved trees: the tree preservation plan shall delineate the
location of (existing) significant trees that are to be preserved with location and
type of protective fencing.
a. Tree protective areas shall be located at a minimum of the CRZ of trees or drip
line whenever possible. Use of tree-save islands and stands are encouraged rather
than the protection of individual trees scattered throughout a site.
b. Suitable tree protection fencing in active areas includes use of orange
polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing).
Page 6 of 11
Fencing must be self-supportive. All active tree protection areas shall be
designated as such with "Tree Save Area" signs posted in addition to the required
fencing.
C. Use of passive forms of tree protection requires approval from environmental
manager in writing. Passive forms of tree protection fencing include use of
continuous rope or flagging (heavy mil plastic four (4) inches or wider) with
visible signage stating "Keep Out" or "Tree Save Area".
d. Signs requesting subcontractor cooperation and compliance with tree protection
standards are required at site entrances.
e. No construction work shall begin until tree protection fencing has been installed,
inspected, and approved by the city forester. At least three (3) working days
prior to construction or grading, applicant shall be required to request inspection
of on-site protective measures by city forester. Once city forester approves tree
protection fencing or devices it must not be altered or removed without prior
written approval.
f. Tree protection fencing shall be maintained and repaired by the applicant for the
duration of construction. No grade change, construction activity, storage or
staging of materials shall occur within this fenced area.
9. Use of custom grading, retaining walls or tree wells to maintain existing grade for
h. Layout of the project site utility and grading plans should accommodate the tree
preservation areas. Utilities recommended along corridors between tree
preservation areas and use of common trenches or tunnel installation if possible.
Minimize tree wounding by felling or removing trees away from trees remaining
on site.
j. Construction site activities such as parking, material storage, concrete washout,
placement of holes, etc., shall be arranged so as not to encroach on tree protection
k. Identify and prevent oak wilt infection. Treat all known oak wilt infected areas
with current accepted guidelines including root cutting and tree removal. If
pruning oaks is required between April I and July I cover fresh wounds with
nontoxic tree wound sealant or latex paint.
Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree
protection areas to minimize soil compaction and desiccation.
Page 7 of 11
in. Concrete washout, leakage or spillage of fuels or paints, or other materials that
would result in detrimental change in soil chemistry is prohibited in tree
preservation areas.
n.
P.
3. If any significant tree s
plan is cut, damaged,
construction process wi
manager that the dama
shall be removed by th(
rate of two (2) times the
Tree
Post construction tree care to mitigate construction damage:
1) Tree root aeration, fertilization, and/or irrigation systems.
2) Therapeutic pruning.
Soil compaction mitigation by:
1) Mulch drive lanes with eight (8) to ten (10) inches of woodchips.
2) Soil fracturing with deep tillage or other similar methods,
3) Inclusion of organic
3) Core aeration.
Transplant existing trees
permanent sites within the
transplanting onto
as preserved (protected) in the approved tree preservation
-ncroached upon by grading equipment or during the
city authorization and is determined by the environmental
, ee(s) will probably not survive, the said damaged tree(s)
icant at their expense and replacement tree(s) required at a
mitigation /replacement formula.
If less than twenty percent (20%) of significant tree diameter inches is removed, the applicant
shall replace one (1) tree per significant tree removed. Tree replacement shall be a minimum of
two (2.0) caliper inches in size.
If twenty percent (20%) or more total diameter inches is removed, applicant shall mitigate all
significant diameter inches using the tree mitigation/replacement schedule in accordance with the
following formula:
A = Total Diameter Inches of Significant Trees lost as a result of the Land Alteration
B = Total Diameter Inches of Significant Trees situated on the property.
C = Tree Replacement Constant (1.5)
Page 8 of 1 I
D = Replacement Trees (Number of Caliper Inches)
((A/B -.20) x Q x A= D
Example
A = 379
B = 943
C =1.33
D =160
((379 / 943 — 0.20) x 1.5) X 379 = 114.7 caliper inches
The trees required to be replaced pursuant to this chapter
required to be planted pursuant to any other provision of ci
Once the total caliper inches for replacement tree
mitigate tree loss by either:
be in addition to any other trees
, the devel
shall
1. Plant replacement trees in appropriate areas within the development in accordance with
the tree replacement schedule.
2. Plant replacement trees on city property under the direction of environmental manager or
city forester. Must be approved during the review process prior to issuance of permit(s).
3. Pay the city a sum per diameter inch in accordance with the tree replacement schedule
with written approval from city staff. The fee per diameter inch shall be set forth in the
city fee schedule set annually by city council resolution. Payment shall be deposited into
an account designated specifically for tree planting on public property within the city.
The form of mitigation to be provided by the applicant shall be determined by city staff.
This provision may only apply if all other measures in this ordinance have been
exhausted.
4. The developer shall be required to maintain trees for two (2) year after planting. Should
any tree require replacement during this two (2) year period, the replacement period shall
start at the date of replacement. Trees required to be planted pursuant to any other
provision of city code are not included in this and must be replaced according to such
code.
5. Species requirements: Where ten (10) or more replacement trees area required, not more
than thirty (30) percent shall be of the same type of tree without the written approval of
the environmental manager. Native tree species to the Maplewood area are preferred.
6. Sources of trees: Replacement trees shall consist of certified nursery stock as defined by
Minnesota Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3
or 4 hardiness rated trees) or other trees including wilding trees, so long as such wilding
trees comply with the following standards and are approved by the environmental
Page 9 of 11
manager or city forester. All replacement trees shall be healthy and free from insect or
disease infestation, A wilding tree measured in caliper inches shall not exceed the
maximum height as shown on the table below:
CALIPER INCHES
MAXIMUM HEIGHT (FEET)
2-3
is
3-4
20
4-5
24
The lowest branch of a wilding tree shall not be at a height above the surface of the
ground more than one-half (112) the total height of the tree (eg., a fourteen (14) foot tree
must have a branch within seven (7) feet of the surface of the surrounding ground).
7. Tree replacement size must be no less than two (2) caliper inches deciduous or six (6)
foot evergreen tree unless pre-approved by the environmental manager, Evergreen or
coniferous tree height convert to caliper measurement as follows: the first six (6) feet of
growth equals two and one-half (2.5) caliper inches for each additional two (2) feet in
height equals one (1) additional caliper inch. Trees required to be planted pursuant to any
other provision of city code must comply with tree size specification of such code.
8. Tree replacement surety required. The applicant shall post tree replacement surety with
the city, such as a tree replacement cash deposit or letter of credit, of one hundred and
fifty (150) percent of estimated cost for tree replacement for proposed planting. Funds
will be held by the city until successful completion of final planting inspection. It shall
be the applicant's responsibility to call for such inspection. Tree replacement surety does
not include other sureties required pursuant to any other provision of city code or city
directive.
Enforcement. The city reserves the right to inspect the construction site at any time for
compliance with this ordinance. Should the city find the site in violation of the approved tree
preservation plan, they may issue a stop work order until conditions are corrected. Stop work
order, will be lifted after approved by environmental manager or city forester in writing.
The city shall be responsible for the enforcement of this ordinance. Any person who fails to
comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land
use building, and grading permits shall be suspended until the developer has corrected the
violation. Each day that a separate violation exists shall constitute a separate offense.
Effect on density. The city may reduce the maximum allowed density on that part of a
development that has a significant natural feature, where such reduction would save all or part of
a significant natural feature. However, regardless of the requirements in this article, the
maximum allowed density shall not be reduced below 67 percent of the allowed density in the
Page 10 of 11
city's land use plan for multiple dwellings. The minimum lot size shall not be increased above
15,000 square feet for single dwellings. Any required density reduction or increase in lot size
must save a significant natural feature. The city council may require the clustering of dwellings
in the form of townhouses, quads, apartments, or similar uses where it is necessary to preserve
significant natural features.
This ordinance shall be effective on September 12, 2006.
Diana Longrie, Mayor
ATTEST:
Karen Guilfoile, City Cl
Page 11 of 11
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
DuWayne Konewko, Environmental Manager
SUBJECT: Ordinance Amendment to the Environmental Preservation and
Protection of Trees and Woodlands Ordinance -- First Reading
DATE: August 3, 2006
INTRODUCTION
The environmental concerns of the City of Maplewood are currently being addressed by
the Environmental Manager and the ad -hoc Environmental Committee. An area of
particular concern for the city council is the examination of the city's existing
environmental ordinances. To that end, the attached Environmental Preservation and
Protection of Trees and Woodlands ordinance was drafted and is hereby presented for
consideration and approval, as requested by the Council and City Manager. This
ordinance has been reviewed by the City Attorney, the Environmental Committee, the
Planning Commission and the Community Design Review Board. Minutes from the July
18, 2006 Planning Commission meeting and from the July 25, 2006 Community Design
Review Board Meeting are attached. The ordinance is in rough draft form and needs to
be revised based upon input from the City Council. This has been proposed as a first
reading to allow that to occur, although the Council may consider making revisions and
delaying the first reading to see final impacts and to allow for the developer and resident
impact which has not occurred to date.
DISCUSSION
Comparison of Other City Tree Ordinances
One of the first areas of review was to compare the City of Maplewood's existing tree
ordinance with other similar city's ordinances. Maplewood's existing ordinance was
compared with six other cities including Blaine, Eagan, Oakdale, Saint Paul, White Bear
Lake and Woodbury. The comparison found that Maplewood's tree ordinance is far less
restrictive than these six cities, particularly in regard to the number of replacement trees
required. A table illustrating the comparison of the tree preservation ordinances from
these six cities is attached.
Major Changes Proposed
Staff created the following list of major changes proposed with the draft tree ordinance:
Tree Protection:
Current ordinance limits the amount of information on tree protection measures.
Proposed ordinance gives more detail on protection measures and applicability.
Responsible City Staff:
Current ordinance is vague as to responsible city staff.
Proposed ordinance identifies responsible city staff principally as the Environmental
Manager and City Forester. A City Forester will have to be hired to support this
ordinance. This is estimated to be an annual expense to the General Fund of
$75,000. In addition, the city will have to establish a framework to generate revenue
to help offset the costs associated with the position of City Forester whether it is
through an add on to existing permits or a new stand alone permit.
Significant Tree Definition:
Current ordinance defines trees required to be replaced as large trees. A large tree
is a tree with an 8 -inch diameter excluding box elder, cottonwood, poplar and any
other undesirable tree.
Proposed ordinance defines trees required to be replaced as significant trees. A
significant tree is a hardwood tree with a 6 -inch diameter, softwood tree with a 12-
inch diameter, conifer tree with an 8 -inch diameter, and further defines a
landmark /specimen tree as any tree with a diameter of over 28 inches. No tree
species is excluded from tree replacement.
Applicability:
Current ordinance has broad application to any person or use that would alter a
significant natural feature.
Proposed ordinance better defines application to any individual, business or entity
that engages in a building or development activity which requires issuance of a
grading permit or new building permit. This includes all sites of new development
that contain significant trees or woodlots. Applications for minor home additions,
general home improvements, construction of accessory buildings (i.e. garage, shed)
are excluded from the requirements of the proposed tree ordinance.
Woodlot Definition:
Current ordinance defines a woodlot as at least one -half acre, of which 25 percent of
the area includes large trees.
Proposed ordinance defines a woodlot as a treed area on a vacant lot which
includes a significant tree.
Noncompliance:
Current ordinance does not contain penalty for non - compliance.
Proposed ordinance penalizes noncompliance. Failure to submit an approved
woodlot alteration permit before land clearing will result in a two -year moratorium for
issuance of a grading or building permit in addition to total tree replacement for the
parcel
Number of Replacement Trees:
Current ordinance requires tree replacement of one tree replaced for one tree
removed, but in no case does an applicant have to replace more than ten trees per
acre.
Proposed ordinance requires one tree replaced per one tree lost, up to 20 percent of
significant tree diameter inches lost. Once the threshold of 20 percent of total
diameter inches is reached, additional tree replacement is required based on a tree
replacement formula of total diameter inches on the site and number of diameter
inches lost. The formula increases the amount of inches replaced based on
additional tree inches removed. There is no maximum replacement threshold. A
tree replacement calculation example table is attached to illustrate the proposed tree
replacement requirements.
Size of Replacement Trees:
Current ordinance requires replacement trees to be at least 2.5 caliper inches for
deciduous trees and 8 feet high for coniferous trees.
Proposed ordinance requires tree replacement trees to be at least 2.0 caliper inches
for deciduous and 6 feet high for coniferous trees.
Species and Guarantee:
Current ordinance recommends tree species diversity for replacement and a one
year planting guarantee.
Proposed ordinance requires tree species diversity if more than ten trees are
planted and a two year planting guarantee.
Surety for Replacement Trees:
Current ordinance does not require a letter of credit or a cash escrow for tree
replacement and does not allow for payment to city in lieu of tree replacement.
Proposed ordinance requires a 150 percent letter of creditor cash escrow for tree
replacement. In addition, tree replacement on site considered first option, but
payment to city in lieu of tree replacement allowed if there is not enough space on
site for tree replacement.
Proposed Timeline Schedule
The timeline schedule for council adoption of the Environmental Preservation and
Protection of Trees and Woodlands Ordinance is as follows:
• First reading on August 14, 2006
• Publish notification in official city newspaper on August 9, 2006.
• Publish revised ordinance (if major revisions are made) in official city
newspaper on August 30, 2006.
• Second reading and adoption on September 25, 2006, with an effective date
of October 15 or November 1, 2006.
APPLICABILITY OF ORDINANCE
It is noted that this is an important Ordinance for environmental preservation. The
City Attorney has confirmed that this ordinance applies to all future developments,
but caution is needed with on -going development reviews, as noted in the City
Attorney's comments below.
We can, and many cities do, apply these ordinances retroactively. In this case the
ordinance would certainly encompass and bind developments that the City is, "currently
reviewing." The use of Ordinances retroactively is not encouraged but it does not mean
that they are per se not applicable. Only when they restrict or infringe on VESTED
contract or property rights. The problem in many cases is the effect on a /the plat. I am
not sure if the plat in question has prelim. approval or full approval, but statute restricts
the City from passing a control which will "affect the use, development density, lot size,
lot layout, or dedication..." (Minn. Stat. 462.358(3)(c)) That would be the question, then,
but the developer may just want to be a good steward and work with our ordinance
anyway.
Impacts on developments such as Carver Crossing, Cottagewood, Eldridge Fields and
Tourist Cabins will be noted as we proceed with adoption.
RECOMMENDATION
It is recommended that council consider adoption of the Environmental Preservation
and Protection of Trees and Woodlots Ordinance. Direction on the revisions to this
draft will be incorporated by staff and the final revision prepared for review and
publication as part of the final (second) reading in September 2006.
Attachments:
1. Environmental Preservation and Protection of Trees and woodlands Ordinance
2. Minutes from the July 18, 2006 Planning Commission meeting
3. Minutes from the July 25, 2006 Community Design Review Board Meeting
4. Comparison of Tree Preservation Ordinances
5. Tree Replacement Calculation Examples
Agenda Item L1
14:4� • -
Applicant: Tina Volpe, Director of Marketing
Site Address: Maplewood Mall — 3001 White Bear Avenue
Zoning: Business Commercial
Land Use: Business Commercial
City Council Hearing Date: September 11, 2006
60 -Day Deadline: Not Applicable
Project Description: Tina Volpe, Director of Marketing for the Maplewood Mall,
is proposing two billboard -style signs on the east and west elevations of the mall.
The signs are called wallscapes and are constructed of BriTex, which is a white,
flexible and durable vinyl substrate material. The signs will advertise the mall
products (i.e., Simon Gift Cards, etc.), mall tenants (i.e., Old Navy, etc.), and
ultimately could advertise the "products" sold by the tenants.
On July 25, 2006 the community design review board (CDRB) reviewed the
request for a comprehensive sign plan amendment for the addition of the two
wallscape signs. The CDRB voted to deny the request based on the fact that the
wallscape signs will not improve the relationship between the existing signs as
required by the sign code for a comprehensive sign plan.
Request: The city's sign code requires a comprehensive sign plan for "a
business premises which occupy the entire frontage in one or more block fronts
or for the whole of a shopping center or similar development having five or more
tenants in the project." The addition of the two wallscape signs requires an
amendment to the mall's comprehensive sign plan.
City code allows an applicant to appeal the CDRB's decision within 15 days of
the date of review. On August 4, 2006, the city received a letter from the
applicant appealing the CDRB's decision. Appeals to the CDRB's decisions go
to the city council for review.
Recommendation: Staff recommends that the city council deny the applicant's
appeal of the community design review board's July 25, 2006, denial of the
comprehensive sign plan amendment.
TO:
FROM:
SUBJECT:
APPLICANT:
LOCATION:
DATE:
INTRODUCTION
Project Description
Greg Copeland, Interim City Manager
Shann Finwall, AICP, Planner
Appeal of the Community Design Review Board's Decision for Denial of a
Comprehensive Sign Plan Amendment
Tina Volpe, Director of Marketing for the Maplewood Mall
3001 White Bear Avenue
August 24, 2006 for the September 11 City Council Meeting
Tina Volpe, Director of Marketing for the Maplewood Mall, is proposing two billboard -style signs
on the east and west elevations of the mall. The signs are called wallscapes and are constructed
of BriTex, which is a white, flexible and durable vinyl substrate material. The signs will advertise
the mall products (i.e., Simon Gift Cards, etc.), mall tenants (i.e., Old Navy, etc.), and ultimately
could advertise the "products" sold by the tenants (refer to Attachments 1 through 5).
On July 25, 2006 the community design review board (CDRB) reviewed the request for a
comprehensive sign plan amendment for the addition of the two wallscape signs (Attachment 6).
The CDRB voted to deny the request based on the fact that the wallscape signs will not improve
the relationship between the existing signs as required by the sign code for a comprehensive sign
plan.
Request
The city's sign code requires a comprehensive sign plan for "a business premises which occupy
the entire frontage in one or more block fronts or for the whole of a shopping center or similar
development having five or more tenants in the project." The addition of the two wallscape signs
requires an amendment to the mall's comprehensive sign plan.
City code allows an applicant to appeal the CDRB's decision within 15 days of the date of review.
On August 4, 2006, the city received a letter from the applicant appealing the CDRB's decision
(Attachment 7). Appeals to the CDRB's decisions go to the city council for review.
BACKGROUND
The Maplewood Mall was constructed approximately 30 years ago. Signage on the exterior of
the mall has been approved by the community design review board (CDRB) and city council
individually during the construction or remodeling of the mall or anchor tenants. Therefore, there
are no specific sign criteria for the exterior signage of the mall; just that each sign get approved
individually and be consistent and compatible.
DISCUSSION
The owners of the Maplewood Mall, Simon Property Group, and its subsidiary partnership owns
or has an interest in 285 properties in the United States containing 200 million square feet of
gross leasable area in 39 states plus Puerto Rico. Four of the retail properties are located in
Minnesota including the Maplewood Mall and the Mall of America. Simon Property Group is
proposing to install wallscape signage at 70 of these properties, including the Maplewood Mall.
There are currently no other malls in the Twin Cities that have wallscape signage.
Existing Signage
The Maplewood Mall has the following signage which advertises the mall:
1. Entry monuments: Four entry monuments approximately 25 feet in height. The
monuments are located at the entrance to the mall long White Bear and Beam Avenues.
2. Wall signs: One large wall sign on the upper portion of the east elevation and six smaller
wall signs located above the entries on the east and west elevations.
3. Directional signs: Six directional signs located at the end of the driveway entrances. The
signs are six feet in height.
All of the monument and building signs, except one, were constructed during the first years that
the mall was open. The wall sign above the east facing entry, next to Barnes and Noble, was
added a few years ago with the exterior addition of the Barnes and Noble store. The directional
signs were added in 1996. The signs, excluding the new entry sign, are pink in color and seem
outdated and worn.
Proposed Signage
The Maplewood Mall proposes two wallscape signs including: 1) a 665 square foot sign on the
east elevation, toward White Bear Avenue. This sign will be located between Potbelly's and JC
Penny. 2) a 910 square foot sign on the west elevation, toward Southlawn Avenue. This sign will
be located in between Sears and the mall entrance.
Comprehensive Sign Plan Requirements
Comprehensive sign plans are required for multi- tenant buildings to ensure an improved
relationship between the signs, building, and neighborhood. Staff finds that the wallscape signs
are compatible to the commercial nature of the neighborhood and the building. However, staff
has concerns that these signs will not improve the relationship between the existing signs
including:
1. The signs are large and resemble a billboard.
2. The signs will likely display products sold within the mall, rather than the stores located in
the mall or the mall itself.
3. The signs are made of a vinyl material which is susceptible to wear and tear.
4. Approval of these signs could open the door to the mall refacing the signs with LED
signage similar to the Myth's sign in the future.
5. The existing mall signs including the four monument signs, six of the seven wall signs and
six directional signs are old and outdated.
It is staff's opinion that the addition of the wallscape signs would not meet the intent of the
comprehensive sign plan. Simon Group and the city would benefit more from an update of their
existing signs at the mall. Therefore, staff recommends denial of the proposed comprehensive
sign plan amendment to add two wallscape signs.
2
RECOMMENDATION
Staff recommends that the city council deny the applicant's appeal of the community design
review board's July 25, 2006, denial of the comprehensive sign plan amendment. The
comprehensive sign plan amendment was requested by the applicant in order to add a 665 and a
910 square foot wallscape sign on the east and west elevation of the Maplewood Mall located at
3001 White Bear Avenue. Denial is based on the fact that the wallscape signs will not improve
the relationship between the existing signs as required by the sign code for a comprehensive sign
plan.
P\Sec 2N \Maplewood Mall\Comprehensive Sign Plan Amendment Appeal (2006)
Attachments:
1. Location Map
2. Site Plan
3. Existing Sign Elevations
4. Proposed Sign Elevations
5. wallscape Sign Examples
6. July 25, 2006, Community Design Review Board Minutes
7. Appeal Letter
3
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MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, JULY 25, 2006
VI. DESIGN REVIEW
a. Maplewood Mall Comprehensive Sign Plan Amendment — 3001 White Bear
Avenue (6:06 — 7:40 p.m.)
Ms. Finwall said Tina Volpe, Director of Marketing for the Maplewood Mall, is proposing two
billboard -style signs on the east and west elevations of the mall.
Ms. Finwall said the signs are called wallscapes and are constructed of BriTex, which is a
white, flexible and durable vinyl substrate material. The signs will advertise the mall products
(i.e., Simon Gift Cards, etc.), mall tenants (i.e., Old Navy, etc.), and ultimately could advertise
the "products" sold by the tenants.
The owners of the Maplewood Mall, Simon Property Group, and its subsidiary partnership
owns or has an interest in 285 properties in the United States containing 200 million square
feet of gross leasable area in 39 states plus Puerto Rico. Four of the retail properties are
located in Minnesota including the Maplewood Mall and the Mall of America. Simon Property
Group is proposing to install wallscape signage at 70 of these properties, including the
Maplewood Mall. There are currently no other malls in the Twin Cities that have wallscape
signage.
Ms. Finwall said there was a correction in the staff report regarding the size of the proposed
signs. The sign marked 750 square feet should be 665 square feet which would be located
between PotBelly's and JCPenney and the sign marked 600 square feet should be 910 square
feet which would be located between Sears and the mall entrance.
Staff finds that the wallscape signs are compatible to the commercial nature of the
neighborhood and the building. However, staff has concerns that these signs will not improve
the relationship between the existing signs including:
1. The signs are large and resemble a billboard.
2. The signs will likely display products sold within the mall, rather than the stores
located in the mall or the mall itself.
3. The signs are made of a vinyl material which is susceptible to wear and tear.
4. Approval of these signs could open the door to the mall refacing the signs with
LED signage similar to the Myth's sign in the future.
5. The existing mall signs including the four monument signs, six of the seven wall
signs and six directional signs are old and outdated.
It's staff's opinion that the addition of the wallscape signs would not meet the intent of the
comprehensive sign plan. Simon Property Group and the city would benefit more from an
update of the existing signs at the mall. Therefore, staff recommends denial of the proposed
comprehensive sign plan amendment to add two wallscape signs.
Board member Schurke asked if staff could provide more of an explanation regarding number
4. in the staff report?
Community Design Review Board 2
Minutes 7 -25 -2006
Ms. Finwall said regarding the sign code, the refacing of signs with the same size would
normally be called a reface and would not necessarily require approval by the CDRB, however,
city staff would probably bring a proposed reface of a large sign like these wallscapes before
the CDRB for an amendment to the comprehensive sign plan. Allowing these signs could open
the possibility of the refacing of these signs with the same size LED sign.
Board member Schurke thought that clarification should be made in the sign ordinance. He
said this should not be an exception someone could use.
Ms. Finwall said as an example of refacing a sign is when Dayton's changed to Marshall
Field's and then Marshall Field's changed over to Macy's, staff didn't feel the need to bring
those sign changes to the CDRB for an amendment to the comprehensive sign plan because
basically the new signs are the same size and city staff approved those signs as a refacing
with a sign permit.
Board member Schurke said that is not an LED sign though.
Ms. Finwall said correct.
Board member Schurke said if in the event people were refacing signs with the proposal to use
LED that is not refacing and would require coming before the CDRB for approval.
Ms. Finwall said the city council has not reviewed the draft sign ordinance yet so there is still
the opportunity to make amendments to the draft sign code. The CDRB recommended LED
signs with moving and flashing lights be prohibited. Once a large sign is up however, the
possibility of refacing it with the CDRB's approval is still there.
Board member Schurke said the comment made regarding LED signs such as the Myth
Nightclub sign caught his attention and that is why he brought the discussion up.
Board member Hinzman asked what these signs would be classified as in the sign code, is it
classified as a temporary sign, as a banner? If the CDRB amends the sign plan for the mall
what would it involve for raising the total signage allocation for the mall in the future for
possible sign refacements?
Ms. Finwall said signs such as this on another facility (not this large) would be called a
temporary banner sign and the city code currently allows a temporary banner up to 150 square
feet in size and the banner can only be up for 30 days.
Board member Schurke asked if there were any other examples of this type of signage in
Maplewood?
Ms. Finwall said this type of signage is nowhere else in Minnesota.
Acting chairperson Ledvina asked the applicant to address the board.
Ms. Tina Volpe, Director of Marketing for the Maplewood Mall, 3001 White Bear Avenue,
addressed the board. She said they appreciated the board's time in giving them the
Community Design Review Board 3
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opportunity to present the request. They provided an additional packet of information for each
board member for tonight's meeting that provided information on the wallscape program which
they are trying to implement at the Maplewood Mall. She said they compare this type of
signage to more of a banner type advertising. This is something new that is up and coming in
the industry. This would be the first of its kind in the state and no other shopping center in the
state is currently implementing this kind of advertising program. However, at the rate Simon
Property Group is doing this throughout the country they expect other centers will be
implementing these programs at other centers in the twin cities. These types of signs have
been installed in markets as large as New York City, Los Angeles, Chicago, and Atlanta at
premier centers in the country.
Ms. Volpe said waliscapes will allow the mall to advertise the products and services that the
mall and Simon Property Group offers. Ms. Volpe said this would also be an opportunity for the
tenants and retailers to advertise their stores and products. This is the first step in partnering
with the city regarding increasing the market value at Maplewood Mall and being able to be
competitive within the industry. With the new shopping centers like Woodbury Lakes it's
important to continue to draw shoppers into Maplewood Mall.
Board member Hinzman thanked the representatives for their time tonight. He asked how often
they would be changing the wallscape signs out?
Ms. Volpe said when they are partnering with tenants in the mall to advertise there is a minimal
3 month requirement, possibly longer.
Acting chairperson Ledvina said the applicant has proposed two signs on the building exterior
at Maplewood Mall and he asked if they would be coming back before the board with additional
exterior signs anywhere else on the mall exterior?
Ms. Volpe said they don't have any other locations on the building exterior that would allow for
this type of banner signage. These are the two locations that were selected for this type of
wallscape program. She wanted to note the difference between a LED sign and a banner sign
like this wallscape as well as a huge price difference.
Board member Shankar asked if the city allowed you to advertise a "store" and not a "product"
would you still be interested in this wallscape sign?
Ms. Volpe said yes. She said to keep in mind that Champp's Sports may have a Nike shoe
with the Champp's Sports logo on it or the GAP might have someone in denim jeans so in a
sense the product will get advertised on the sign somehow.
Board member Schurke asked if this is the first wallscape sign proposal in Minnesota for the
Simon Property Group?
Ms. Volpe said yes.
Board member Schurke asked if this wallscape signage was proposed at the Mall of America
since Simon Property Group owns that mall?
Ms. Volpe said no not at this time.
Community Design Review Board 4
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Board member Schurke asked what governs the choice of centers in terms of where you
locate this wallscape?
Ms. Volpe said Simon Property Group is looking at markets that are in the top designated
market area or (DMA). If you are an advertiser or a marketer and you are looking at purchasing
advertising, typically the big guys are going to go to the top DMA's across the country and that
is how Maplewood Mall was selected because we are located in a top DMA.
Board member Shankar asked if Maplewood Mall is the only property managed by Simon
Property Group?
Ms. Volpe said Simon Property Group owns and manages Maplewood Mall, Mall of America,
Miller Hill Mall in Duluth, and the Albertville Outlets.
Board member Shankar asked if Mall of America would be in the top 10 designated market
areas or DMA?
Ms. Volpe said yes.
Board member Shankar said but Simon Property Group has chosen not to have wallscape
signs at the Mall of America?
Ms. Volpe said at this time Simon Property Group has chosen not to advertise there. The Mall
of America is managed differently than Maplewood Mall is. The Mall of America is sort of a city
in itself and has a very different management structure compared to Maplewood Mall. The staff
at the Maplewood Mall is not in touch with the management practices at the Mail of America.
Board member Schurke asked if there had been any opposition to this type of signage at
centers in other states?
Ms. Volpe said they have not had a problem with most of the wallscapes that have been
implemented. Springfield, Missouri is changing their sign ordinance to accommodate the
program at the Battlefield Mall in Springfield, Missouri. The only center that they know had an
issue in their community was Oehrlein Square in Oehrlein Park Chicago which is a very elite
and upscale area within the Chicago suburbs that recently got approval to do the wallscape
and it was installed last week.
Board member Shankar asked what type of maintenance this type of sign requires?
Ms. Volpe said the wallscape sign is very low maintenance. A sample of the product was
provided in the packet sent to the CDRB. The wallscape product is resistant to weather, wear
and tear, and is fire resistant. The framing system, which is stainless steel is used to install the
wallscape product and would be mounted to the brick wall with brackets. You don't see the
frame of the wallscape when it is up because the weather resistive material wraps around the
frame and snaps in place making the framing invisible.
Board member Shankar asked how the sign is lit?
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Ms. Volpe said the sign will not be lit other than by the lights on the building exterior of the mall
and by the lights in the parking lot.
Board member Schurke asked how this wallscape product is different from a billboard sign?
Ms. Volpe said that's a good question. It's not different from a billboard but it's a way to get
their message out. She included information in the packet to the CDRB about the importance
of advertising within the shopping centers and how it benefits the companies and retailers
which helps to increase sales. She said it's getting harder and harder for marketers to get their
message across because everything is getting so fragmented and advertisers are challenged
everyday.
Ms. Volpe said with mass media continuing to fragment into smaller and smaller pieces in
demographics, marketers need to find new ways to get the advertising word out. People are
finding advertising on television is more difficult because people have Tivo and DVR's which
allow people to skip over commercials and the advertising. Consumers are becoming more
empowered by asking to be put on do not call lists, having seam blockers on their computers,
blocking calls and filtering information from advertisers. So marketers and advertisers are
looking at alternative ways to get their message out and the wallscape sign is just another way
of doing that. She said 62% of shoppers make purchasing decisions while they are in a mall.
That includes whether there is a vehicle in the mall advertising a car dealership or car brand or
advertising another product. That type of advertising is called experiential marketing which is
the seeing, feeling and touching of a product in a non - threatening environment.
Board member Schurke said from a market standpoint he finds the analysis interesting. The
role of the CDRB from a review standpoint is what the impact is aesthetically on the
Maplewood community. If the argument is that there is too much visual noise out there in terms
of marketing and we add more visual noise to rise above that personally it's a hard argument
for him to buy into. He said he has nothing but the highest wish for success for the Maplewood
Mall. Staff brings up a good point regarding beautifying existing signage or making
improvements to the existing signs rather than making an investment in the banner
advertisement of these wallscape signs. Personally he does not see how advertising Visa or
the Simon gift card on these wallscape signs will help the community of Maplewood.
Ms. Volpe said the product being advertised is Visa on the Simon gift card which is sold in the
Maplewood Mall by Simon Property Group. It's just one example of a product that could be
advertised on the wallscape, it could be an advertisement for Children's Place or the GAP.
Board member Schurke asked if there was an update regarding the condition of the current
signage at the mall and what the plan was to update the signage?
Ms. Volpe said as employees of the Maplewood Mall they notice the things that need to be
upgraded and updated every day. They have a five -year plan for Maplewood Mall. What Simon
Property Group looks at is what areas or markets are going to allow them to go above and
beyond. Simon Property Group looks at the wallscape program as the first step. If Simon
Property Group is able to implement something like the wallscape program they look at that as
a positive relationship between the city and the mall to upgrade the exterior. But if Simon
Property Group is not able to participate in things such as the wallscape program Simon
Community Design Review Board 6
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Property Group is going to say "isn't the Maplewood Mall located in the city that would not
allow them to get a permit to implement the waliscape program ?"
Mr. Jad Murphy, General Manager, Maplewood Mall, 3001 White Bear Avenue, addressed the
board. Mr. Murphy said if Simon Property Group were to replace the monument signs along
White Bear Avenue those would be brought up to date and made into digital signs such as
what was done at the Myth Nightclub. The future for signage is in digital media. The mall would
come to the CDRB for approval for digital media signage but that is in the future and is very
expensive to do. This waliscape sign is an opportunity for the mall to have advertising at a
lower cost but still have a high impact. Woodbury Lakes is a very nice shopping facility which
has caused sales to go down at Maplewood Mall and the mall is trying to bring sales up in a
tasteful way. He said Simon Property Group would be willing to apply for a temporary sign in
order to test this type of sign at the mall.
Mr. Murphy said one of the biggest problems that could happen within the Twin Cities is if this
waliscape program is not approved in Maplewood other cities "will" approve it. It "will" drive
traffic in other cities and not having this waliscape sign will decline the sales in the Maplewood
Mall. Mr. Murphy said he is not saying this waliscape is going to increase the sales by a certain
percentage but it "will" drive more sales to the mall. The waliscape sign on the mall exterior
gives the consumers the opportunity to see something advertised from White Bear Avenue,
Southlawn Drive or Beam Avenue because these signs are this "big ". Monument signs don't
drive sales like the waliscape sign would.
Ms. Volpe said one thing Simon Property Group looks at with any renovation or improvement
to the center is the return on the investment. So if Simon Property Group were going to
upgrade the exterior signage and the monument signs at the mall Simon Property Group will
want to do something that is going to give them a return on their investment if they were going
to invest a lot of money in something. Simon Property Group does not look at everything the
same way at the mall but the mall does enhancements to help the mall look better because it's
the best thing for the center. She said they agree the exterior signage needs to be upgraded.
The new regional centers are implementing these types of things.
Board member Hinzman said he looks at the waliscape sign as a "temporary banner ". The sign
will be up for a limited time, it's made of a material that is not meant for an extended time.
Under the current sign ordinance banners can be up for 30 days. When he compiles the facts it
appears this is a temporary banner sign to him. He has a concern that if the board were to
designate this as a sign and amend the comprehensive sign plan it really raises the amount of
signage on the mall that could be transformed in ways the CDRB may not see as acceptable in
the future. He wouldn't be in favor of amending the sign code for this waliscape sign. He would
be in favor of looking at this as a temporary sign banner for 30 days but he doesn't think the
applicant would be interested in that because it would be a significant investment for a limited
use.
Board member Shankar said he would have been more sympathetic to this proposal if the
waliscape signs were related to the anchor stores in the mall such as for Kohl's, JCPenney,
Sears and the new Macy's store but the fact that the waliscape signs could be for Simon gift
cards or advertising Visa the next thing could be an advertisement for a Rockport shoe at
Florsheim or a lawnmower at Sears and he is concerned how that is going to look on the
building fagade of the mall.
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Acting chairperson Ledvina said he interprets these wallscape signs as a billboard in terms of
how they are designed. With the comprehensive sign plan for the Maplewood Mall the CDRB
is responsible for looking at the signs and how the signs interact with the architecture of the
building and if the signs compliment each other and he doesn't think the wallscape signs are
complimentary to the architecture of the mall building by any means. He said he sympathizes
with the business needs of the mall and the desire to maximize the marketing of the tenants in
the mall but for the larger concern of the city he feels these wallscape signs are very much out
of place here and he is not in favor of this proposal.
Board member Shankar said this signage may fit better in areas like the example in the packet
in Georgia because of the location and the fact that the mall in Georgia has a freestanding sign
but the wallscape sign on the front of the Maplewood Mall doesn't appeal here like it does at
the malls in Georgia as seen in the examples shown in the packet the CDRB received.
Board member Hinzman agreed with those comments.
Board member Shankar said people know what anchor stores are at the mall whether they are
coming from Hudson, Wisconsin or White Bear Lake. The applicant stated these wallscape
signs would draw people to the Maplewood Mall who would be driving in the vicinity to visit the
other tenant stores but he doesn't buy that statement. He believes the anchor stores draw
people to the mall and people will visit the other tenant stores while shopping at the mall. The
development in Woodbury pulls customers because of the specialty stores and the other strip
malls hold anchor stores such as JCPenney and Kohl's etc.
Board member Schurke said he would not presume to know the marketing and advertising
business better than the applicants do. The most important thing to relay to the applicant is
that there is a design expectation in this community which the CDRB is setting a standard for
and the CDRB is trying to not allow variances to that. One thing referenced in the staff report is
the idea to replace the monument sign with a LED sign. He said he wanted the applicants to
clearly know that currently the draft sign ordinance is disallowing the use of those types of
signs in the City of Maplewood. He has been to other communities around the country and the
issue of trying to subdue signage and keep it quieter makes it more conspicuous in his opinion
because it draws your eye to the signage in a pleasant way. Most of the advertising today is in
such a high volume it's almost difficult to get your message above the advertising volume.
From a design standpoint he would challenge the applicant to take the comments from the
CDRB and staff to see what can be done to address the issues at hand.
Board member Hinzman recommends denial of the proposed comprehensive sign plan
amendment to add a 665 and a 910 square foot wallscape sign on the east and west elevation
of the Maplewood Mall located at 3001 White Bear Avenue. Denial is based on the fact that the
wallscape signs will not improve the relationship between the existing signs as required by the
sign code for a comprehensive sign plan.
Board member Schurke seconded. Ayes — Hinzman, Ledvina, Schurke,
Shankar
The motion to deny passed.
Shoff'
MAPLEWOOD MAL�L
Mail
August 4, 2006
Ms. Shaun Finwall
City of Maplewood
Community Development Department
1830 County Road B East
Maplewood, MN 55109
Dear Ms. Finwall;
Attachment 7
I am writing to inform you that Maplewood Mall/Simon Property Group would like to exercise our right to
'I
appeal the decision of the Community Design Review Board to deny our request for a comprehensive sign
plan amendment to the Maplewood City Council.
Per our discussion via email, we will plan on presenting our case to the City Council at their regularly
scheduled meeting on September 11, 2006 at City Hall.
Prior to that meeting we will provide the City Council with supporting information and documentation on
n
how the Wallscape program is beneficial to the city and works in Conjunction with the mall building and
existing signs. Also, we will address any concessions we are willing to make from our original proposal.
This information will be delivered attention to you no later than September 1, 2006. If you need this
information prior to that date please let me know as soon as possible.
Thank you very much for you time. If you need additional information or have any questions please
contact me at 651.770.3863 or tvoli)e@sini�)n.coni.
Sincerely,
JiA v d4 o )
Tina Volpe
Director of Mall Marketing
3001 While Bear Avenue, Suite 1072, StRaul, MN 55109
651.770,3863 1 tax 651170,7542 1 Ewm.simon.ccm West Elevation - 910 s.f.
Agenda Item L2
MEMORANDUM
TO:
City [Tianager
FROM:
Ken Roberts, Planner
SUBJECT:
Appeal of Condition of Approval
PROJECT:
Menards
LOCATION:
2280 Maplewood Drive
DATE:
August 31, 2006
INTRODUCTION
Project Description
Brandon Wilmer, representing K8en@rdS. Inc., is requesting that the city DVUDCi| reconsider @
condition of approval the city made as part of a parking reduction authorization. (Please see the
letter onpage five and the maps on pages six - ten.) The condition in question, as adopted by the
city council, states "Menards shall provide adequate directional signage in the parking lot and have
employees V[others provide traffic CODtPV| and direction @SSiSt@DCH in the parking lot OD all busy
shopping days."
BACKGROUND
On March 27 the city council made three approvals for Menards. They included:
1. A conditional use permit (CUP) revision to enlarge the building and amend the site plan. The
city code requires council approval of a CUP revision for an owner to expand or revise a store or
site for which a CUP exists.
2.A parking-reduction authorization for 50 spaces. The code requires 451 spaces for the store.
k8eDGPd8iS proposing tOh@v84O1pGdking8t@||8.
3. The site and building design plans. (See the maps and plans on pages eight - ten.)
Please see the city council minutes starting pn page 12.
DISCUSSION
Parking
As part oftheir approval, K8nnanJn requested that the oUv approve a reduction of 50 (from 451 to
4O1) in the number of parking spaces for the store. They want to reconfigure the parking lot infront
of the StOnB to make the traffic flow smoother, but this redesign vvOU|d result in the |VSS of parking
spaces. Menards has gotten by, essentially, with the main parking area in front of the building since
1888 (when the city had approved o parking reduction authodzation). The proposed garden center
addition would need 80 spaces according to the code (if the city treated it as regular retail space).
Menards, however, is now using the location of the proposed garden center for retail sales and
outdoor storage @S approved earlier by the city. A8 such, it should not generate additional parking
needs for the store.
Lt. Michael Shortreed of the Maplewood Police Department suggested the conditions about signage
and having parking lot monitors on the site when he reviewed this request in January 2006. (Please
see his memo on page 11). The council agreed with his suggestions and included them as part of
their condition of approval for the parking reduction authorization. As I noted above, the council
condition Of approval states "K8eD@PdSshall provide adequate directional Si 0ageinthe parking lot
and have employees or others provide traffic control and direction oamia[anme in the parking lot on all
busy shopping days." Menards is objecting to this condition as being arbitrary and, in their opinion, it
treats their business differently than other businesses iOMaplewood.
While the condition GG adopted by the city council may treat Menards differently than other
businesses, it is within the rights and duties of the city to set conditions of approval when they deem
them necessary to protect the health, safety and vxe|t@re of the residents. AS @ point Ofinformation,
the Home Depot on White Bear Avenue hires off-duty officers to help with traffic control on their busy
shopping days.
| recently asked Lt. 8hVrtreedabout this condition and he told me that he felt it was important for the
city to keep the condition of approval iO place. He did suggest that the city could make the condition
of approval more specific if that would help clarify the matter for the city and for Menardm.
Lt. Shortreed said the city could amend the condition to read (with the old language stricken and the
new language UDder|ined\:
"Menards shall provide adequate directional signage in the parking lot and have employees or
others provide traffic control and direction assistance in the parking lot on all busy Shoppipq days
where the parking lot is at least 95 percent full."
The city council has several options with this request. They include:
1. Keeping the condition @S originally adopted bv the council.
2. Changing the condition tV something close tO what Lt. 8hQrtreed has suggested.
3. Dropping the requirement to have people providing assistance in the parking lot.
RECOMMENDATION
Reaffirm the parking reduction authorization for Menards at228O Maplewood Drive as approved by
the City Council Un March 27 This approval was [U allow WYeO8[dGtU have 5O fewer parking
Sp8DeS than the code requires. (The city code requires 451 parking Sp@DeS and K8en@rdS is
proposing 401 parking spaces.) Approval is beC@USH:
The required number nf spaces imexcessive. K8enonjm has gotten by, essentially, with the
main parking area in front nf the building since 1888. k8eDanjS customers do not typically
use other available parking areas on the site.
2. The proposed garden center addition would need 80 spaces according to the code.
However, Menards is currently using this same area for retail sales and outdoor storage as
approved earlier by the city.
/\ma condition nf approval of this request, K8enardnshall provide adequate directional niQnageinthe
parking lot and have employees or others provide traffic control and direction assistance in the
parking lot on all busy shopping days.
2
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 13.48 acres
Existing land use: Men@rds Store with outdoor sales and parking lot
North: Highway 36
South: Single dwellings and Citoo Motor Fuel Station
VV8St: Highway 61
East: COuntn/akieVVV/8A\B
PAST ACTIONS
March 28, 1988: The city council approved Memande' CUP and granted o parking reduction
January 23. February 13.March 27 and April S.1989: The council changed the CUP conditions.
The changes were to clarify the screening fence and height requirements.
March 26,1990: The council reviewed the CUP.
November 14 and September 11 The council amended the CUP conditions.
April 8.1998: The council amended the CUP conditions because Vf@ request for @seasonal
outdoor greenhouse and plant sale operation.
May 20. 1990: The council again reviewed the CUP and directed K8enordm [|itoo, staff and the
neighbors to meet and discuss several issues raised by one of the neighbors. These issues were
about the screening fence, engine noises, fumes, parking and cross traffic between Citgo and
yWen8ndG.
August 12. 1997: The COunC| reviewed the CUP again. The previous concerns and prVb|SnnS have
been resolved. The council moved hJ review the CUP again only if@ problem develops.
PLANNING
Land Use Plan designation: M-1 (light manufacturing)
Zoning: M-1
Section 44-512/4\ requires @ CUP for the exterior storage Of goods Vrmaterials.
Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential
10
Section 44-17(a) requires parking for Menards at the ratios of one space for each 200 square feet of
retail or office space and one parking space for each 1000 square feet of warehouse space.
CRITERIA FOR APPROVAL
Criteria for Conditional Use Permit Approval
Section 44-1O97(@) states that the city council may approve @ CUP, based On nine standards.
appeal Sept. 200
Attachments:
1. Applicant's letter dated July 31 from K8onard.Inc.
2. Location Map
3. Property Line / Zoning Map
4, Proposed Site Plan
5, Partial Site Plan
G, Partial Site Plan (Garden Center)
7, January 24.2OUG. memo from Lt. Ghodreed
8. March 27.2000 City Council minutes
4
INC.
Attachment 1
July 31, 2006
Ken Roberts
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
RECE { -.-
A U G 0 2 2006
RE: Maplewood Menards Parking Variance Condition
Dear Mr. Roberts:
I am writing on behalf of Menards in an attempt to address the parking condition that was assessed towards
Menards at the City Council meeting on March 27, 2006 that binds the parking variance approved for the
Menards overall project expansion and upgrade. The condition noted is as quoted from the Meeting No.
06 -09 minutes:
"As a condition of approval for this request, Menards shall provide adequate directional signage in the
parking lot and have employees or others provide traffic control and direction assistance in the parking lot
on all busy shopping days."
While we at Menards feel the directional signage request of the condition is reasonable, we do not feel the
same about the rest of the condition as we interpret it in its arbitrary nature. First and foremost, the
condition does not provide a specific foundation or meaning for the days that are meant for the application
of the traffic control and direction assistance requests of the condition. Second and more importantly from
the standpoint of Menards; no matter how it is interpreted, this condition singles Menards out from other
retailers and businesses of almost any like in the city. So, not only is the condition subjective to the
definition of terms and interpretation of its body, but it also puts Menards at a strong disadvantage
compared to its competition and truly inhibits its ability to maintain an aggressive nature in a thriving and
competitive industry.
We at Menards have attempted to create a more useful and attractive area for this growing market of home
improvement sales that will not only benefit us from a business prospective, but also improve the aesthetic
appeal and shopping experience of our store in your community. We do, however, feel that we are being
treated unfairly with this condition and cannot proceed with this project until this concern has been
somehow addressed. If this means that we will have to be subject to another development review in front
of the City Council, we welcome the opportunity to negotiate the matters of this condition with the City of
Maplewood at that level and request to be placed on the next available agenda. If you have any questions
regarding our concerns and requests, please contact me using any of the information listed below.
Sincerely,
� l
r V �i
Brandon
Real Estate Project Manager
Menard, Inc.
4777 Menard Drive
Eau Claire, WI 54703
Phone: 715 -876 -2771
Mobile: 715- 577 -0829
Fax: 715- 876 -5960
E -mail: bwilmer @menard- inc.com
CEIVED
.. � r.wwwww�tY�ti�i
4777 MENARD DRIVE EAU CLAIRE, WI 54703 -9625 PHONE (715) 876 -5911 FAX (715) 876 -5901
Z\
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Attachment 2
36
Location Map
Menards
2280 Maplewood Drive
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PROPOSED SITE PLAN
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Attachment 5
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=401 PARKINGTE Attachment 6
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GLASS WNOOWS
SES OETAIL I
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16,105 SQ.
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PARTIAL SITE PLAN (GARDEN CENTER)
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10
Attachment 7
11
MINUTES Attachment 8
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 27, 2006
Council Chambers, City Hall
Meeting No. 06-09
A.
[a
A
L.
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called
to order at 7:00 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Rebecca Cave Councilmember
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach, Councilmember
Present
Present
Present
Present
Present
NEW BUSINESS
Menards — 2280 Maplewood Drive
a. Conditional Use Permit Revision
b. Parking Reduction Authorization
C. Design Approval
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
C. Rob Geske, the Real Estate Associate managing the project for Menard's, was present for
council questions.
d. Commissioner Grover provided the Planning Commission report.
e. Boardmember Schurke presented the Design Review Board report.
Councilmember Rossbach moved to adopt the following resolution approving a conditional use
permit revision for Menards at 2280 Maplewood Drive to add a 16,505 Square-foot garden center to the
existing store:
CONDITIONAL USE PERMIT REVISION RESOLUTION 06-03-042
WHEREAS, Robert Geske, of Menards, Inc. is proposing changes to a site with an existing
conditional use permit to build a 16,105-square-foot garden center addition on the south side of the
building at 2280 Maplewood Drive. The legal description is:
SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N
• CO RD B ♦ PART OF SE 1/4 W • CLIFTON ADD S OF L 107 FT N • S L • BLK 15 OF SD
ADD EXTENDED & N • HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16
& EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF
BLK 10 (PIN 09-29-22-43-0042)
12
City Council Meeting 03-27-06
WHEREAS, the history Of this conditional use permit revision iS@Sfollows:
1. (]n February 6 the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices tn the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written statements. The
commission also considered reports and recommendations of the city staff. The planning
commission recommended that the city council approve the conditional use permit revision.
2. On March 27, 2006, the city council discussed the proposed conditional use permit revision.
They considered reports and recommendations from the planning commission and city staff.
N{}VV. THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision, 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 or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
d[@iD8g8, water run-off, vibration, general UOSight|iDeS8. S|8dTiC@| interference or other
nuisances.
5. The use vvnu|d generate only minimal vehicular traffic on kzoa| mtn*ntn and vvnu|d not create traffic
congestion Vr unsafe access Vn existing Vr proposed streets.
8. The use would be emn/ed by adequate public facilities and mervineo, including streets, police and
5na protection, drainage atrun[uneo, water and sewer systems, mnhmo|n and parks.
7. The use would not create excessive additional costs for public facilities Orservices.
8. The use would maximize the preservation nf and incorporate the site's natural and scenic
features into the development design.
S. The use would cause minimal adverse environmental efhan[n.
Approval is subject to the following conditions: (additions are underlined and deletions are crossed out):
1. Adherence tn the site plan date-stamped . The director ofcommunity
development may approve minor changes.
2. Compliance with the following screening-fence requirements:
8. The property owner shall continue to have and keep, in a maintained condition, wooden
screening fences 8Sfollows:
(1) The eight-footta\| screening fence west nf1O71 County Road B and running east-west
behind 1O71.1O81 and part nf11O1C|ounty Road B shall remain.
/2\ All other screening fences that abut the residential |OtS ShG|| be 14 feet tall.
13
City Council Meeting 0G-27-0h
(3) All screening fences shall be constructed of vertical boards of the same dimension, color
and material.
b No material on the storage racks, adjacent to the fence behind 11O1 and 1115County Road
B. shall extend above the 14-foOt-t8Ufence.
o. No more than 2}6fee[of the 17}6-font-to| interior storage racks shall be visible from the
homes to the south that are at street level along County Road B. This excludes those houses
that sit higher OD@hill.
d. Menards shall be responsible for the safety of the neighbors inregard to the materials stored
over the height of the fence.
3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m.
4. An exterior public address system shall not bnallowed.
5. All lighting in the storage yard that is not needed for site security shall be turned off after business
0. The city counc shall review this permit revision in one year.
hiqs pot
7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff
problems on residential property.
8. K8enandn nho|| store all their materials within the fenced storage area.
Q. Sanitation facilities shall be provided byK8eD@ndg for the employees.
10. 4�& The proposed building addition and site work must be substantially started within one year of
council approval 0r the permit shall become null and void. The council may extend this
deadline for one year.
11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall
arrange with the fire marshal for access through the gate behind the building in the case of
emergencies.
Seconded bv Mayor Lnnghe |
COunC|men1berROSSb@Ch moved to approve a parking-reduction authorization for Menards at
2280 Maplewood Drive to have 50 spaces fewer than the code requires. (The city code requires 451
parkinq spaces and Menards is proposing 401 parking spaces.) Approval is because:
1. The required number 0f spaces iSexcessive. KXen@ndS has gotten by, essentially, with the
main parking area in front 0f the building since 1888. k8eD@ndS customers d0 not typically use
other available parking areas on the site.
3. The proposed garden center addition would need 80 spaces according to the code. However,
K8Sn@rdSiS currently using this same area for retail sales and outdoor storage as approved earlier
by the city.
14
City Counc Meeting 0G-27-0h
As a condition of approval of this request, Menards shall provide adequate directional signage in
the parking lot and have employees or others provide traffic control and direction assistance in the
parking lot nO all busy shopping days.
Seconded hvCQund|memberCave |
Cnuno|menlborRonnbooh moved to approve the site plan date-stamped March 8, 2006, and the
building elevations date-stamped March 8, 2006, for the 16,105-sauare-foot -garden center
addition to Menards at 2280 Maplewood Drive. Approval is subiect to the following conditions:
1. Repeat this review intwo years if the city has not issued @ building permit for this project.
2. Before getting a building permit, the applicant shall:
o. Submit grading, drainage, utility and erosion control plans to the city engineering
department for approval. The city engineering department should review the plans for the
possibility of Menards implementing some or additional types of best management practices
(iOC|UdiOQ rainwater gardens) t0 help treat storm water on the site.
b. Revise the site plans for staff approval to provide enough handicap-accessible parking
spaces to comply with ADA (Americans with Disabilities Act) requirements.
o. Submit for staff approval, consistent elevations and site plans that correlate to each other,
based On the plans date-stamped March 8.2O06. The plans date-stamped January 17.2O0G.
and elevations date-stamped February 6, 2006, are inconsistent and difficult to read.
d. Submit a revised wrought-iron fence elevation showing that the proposed decorative lights
have been removed from the fence.
e. Submit a revised landscaping plan showing the following:
(1) All existing landscaping OD the north side Of the building. This plan should reflect all
landscape materials that are healthy, in poor health, Qrdead. The purpose Qf this plan iStO
ensure that all landscaping required previously by the city in this location has been planted
and is healthy and thriving.
(2) The implementation Of landscaping iDfK)DtOfO[D8@[theOSvvg@[d8DceOte[ If
landscaping in this area is not feasible, work with staff to implement additional landscaping
throughout the site.
(3)Ad least one rainwater garden to help treat the storm water from the site.
t Submit to city staff a cash escrow nron irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
3. The applicant shall complete the following before occupying thebui|dinQaddition:
@. Menards shall provide a gate and clear access to the sanitary sewer manhole on the site
as part of this request.
b. Paint any new rooftop mechanical equipment t0 match the building color if the units are
visible. (code requirement)
15
City Council Meeting 0G-27-0h
n. The city waives the trash-dumoster screening requirement unless the dumosters,would be
visible to the public. If K4eD@FdS wants to keep their dUrODSt8rS outside, UlHD they Sh@U
provide an enclosure for them using the same materials and color as the building.
d. Provide site-security lighting ae required bv the code. The light nnunco.indudingthe|onn
covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
e. Meet all the requirements of the fire marshal including:
(1) Keeping the perimeter Of the building accessible for fire emergencies. The applicant
should arrange with the fire marshal for access through the gate behind the building iDthe
case nfemergencies.
(2) Installing @ monitored fire protection system.
(3) Providing a floor plan of the store and a fire department lock box at the main entrance.
t Verify that all existing required landscaping iShH@khv@DdgrOvvmg
landscaping if itiS not healthy and growing. Plant all other landscaping required with this
approval.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work imnot essential to the public health, safety orwelfare.
b. The above-required letter Of credit Orcash escrow iS held by the city for all required
exterior improvements. The owner Or contractor shall complete any unfinished landscaping
by June 1 of the next year if the building is occupied in the f@|| or winter, or within six weeks
of occupancy if the building im occupied in the spring nrsummer.
5. All work shall follow the approved plans. The director Qf community development m@y
approve minor changes.
G. Signs are not part of this approval. The applicant shall submit any requests for new V[
revised signs to staff for sign permits.
Seconded hv Mayor LnnQrie |
16
City Council Meeting 0G-27-0h
Agenda Item L3
AGENDA REPORT
TO: Greg Copeland, Interim City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Michael Thompson, Civil Engineer I
SUBJECT: Cottagewood Public Improvements, City Project 06 -10
1. Resolution Approving Plans and Advertising for Bids
DATE: August 31, 2006
INTRODUCTION
Final plans and specifications for the above referenced project have been completed and are ready to be
advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday,
September 29, 2006. Award of bids would be considered by the city council at the October 9, 2006 city
council meeting.
BACKGROUND
Lauren Development Company will be developing 15 single family lots at the property at 2666 Highwood
Avenue. The developer has petitioned the city to prepare the engineering plans for the public
improvements in Highwood Avenue. All associated costs of the public improvements in Highwood Avenue,
which will service the Cottagewood development, shall be assessed to the benefiting developer properties
(the 15 single family lots). The assessments costs are dependant upon the actual construction costs of the
public improvements. Therefore the assessment hearing will be scheduled after construction of the public
improvement is completed.
DISCUSSION
The Cottagewood Public Improvements consist of extending sanitary sewer and watermain in Highwood
Avenue in order to service the proposed Cottagewood Subdivision development, which was approved by
the city council on August 28, 2006. Sanitary sewer main would be extended from the intersection of
Century and Highwood and watermain would be extended from the intersection of New Century and
Highwood.
RECOMMENDATION
It is recommended that the city council approve the attached resolutions for the Cottagewood Utility
Improvements, Project 06 -10: Approving Plans and Advertising for Bids.
Attachments
1. Resolution Approving Plans and Advertising for Bids
2. Location Map
RESOLUTION
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on August 28, 2006, plans and
specifications for Cottagewood Utility Improvements, Project 06 -10, have been prepared by (or under the
direction of) the city engineer, who has presented such plans and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part hereof,
are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least ten days before
the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened
and considered by the council at 10:00 a.m. on the 29th day of September, 2006, at the city hall and that
no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or
bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and
read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council
will consider the bids, and the award of a contract, at the regular city council meeting of October 9th, 2006.
O
LOCATION MAP
I
ill
Agenda Item L4
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Planner
SUBJECT: Street Right -of -Way Vacation
LOCATION: Century Avenue and New Century Boulevard
DATE: August 24, 2006
INTRODUCTION
Mr. Paul Engstrom, representing the developer of the New Century project, is proposing that the
city vacate part of an existing street right -of -way. This excess right -of -way is on the northwest
corner of Century Avenue and New Century Boulevard. Mr. Engstrom wants the city to vacate
this right -of -way so the sprinkler and irrigation equipment that is now on the property in question
would be on property owned by the homeowner's association and not on public property. (Please
see the applicant's statement on page four and the maps and plans on pages five and six.)
BACKGROUND
On January 24, 2000, the city council approved the first final plat for the New Century
development. This final plat created 80 lots for houses, 3 outlots for open space, one outlot for
future phases of the development (including the town houses) and the right -of -way for New
Century Boulevard.
DISCUSSION
The city acquired the area of the right -of -way in question in 2000 when the developer of New
Century (the plat) recorded the final plat with Ramsey County.
Mr. Engstrom is requesting the vacation because there is sprinkler and irrigation equipment for
the common areas of the New Century development (owned by the homeowner's association) on
the property. It is in the interest of the city and of the homeowner's association to have the
existing equipment on private property and not on public property.
The city engineering department stated that the city does not have a need for the right -of -way in
question. The city and the adjacent property owners have no plans to build any street or public
utilities in this location. Maplewood has no plans to develop or use the existing right -of -way for
street or utilities.
However, Dan Soler, the Ramsey County traffic engineer, noted that the county needs an
additional ten feet of right -of -way for Century Avenue. As such, they are requesting that the city
reserve the eastern ten feet of the property in question as public highway easement.
COMMISSION ACTION
On August 21, 2006, the planning commission recommended approval of the proposed right -of-
way vacation.
RECOMMENDATION
Approve the resolution on page seven. This resolution is for the vacation of part of the street
right -of -way on the northwest corner of Century Avenue and New Century Boulevard. The
reasons for the vacation are as follows:
1. It is in the public interest.
2. The city and the property owner do not need or use the right -of -way in question for street or
public utility purposes.
3. The properties adjacent to the right -of -way have adequate street access.
This vacation is subject to the property owner granting to Ramsey County a ten - foot -wide public
highway and drainage and utility easement over the east ten feet of the property in question.
REFERENCE INFORMATION
On July 12, 1999, the city council approved the following for the New Century PUD:
1. Changes to the comprehensive plan. These changes were from R -1 (single dwellings) and
OS (open space) to R -1 (single dwellings), RH (residential high density) and OS (open
space) for the site.
The developer also asked the city to drop the planned minor collector street that would
connect the east end of Schaller Drive with Century Avenue. This street would have gone
through this site and through a group of oak trees.
2. A conditional use permit (CUP) for a planned unit development (PUD) for a 178 -unit housing
development. The applicant requested the CUP because the F (farm residence) and R -1
(single dwelling residential) zoning districts limit the uses to single dwellings in a typical or
standard subdivision. As approved by the city, this project will have 76 single dwellings
(including the relocated farmhouse), 8 twin homes and 92 town houses. Having a PUD
gives the city and developer a chance to be more flexible with site design and development
details than the standard zoning requirements would normally allow. The F and R -1 zoning
districts also do not allow twin homes, town houses or other multiple dwellings.
The developer also asked the city to allow the houses in this development to have mother -
in -law (accessory) apartments and have a variety of front and side -yard setbacks for the
houses and town houses in the development. The city approved these as part of the PUD.
3. Street right -of -way and easement vacations. These were for the unused street right -of -ways
and easements on the site.
4. A code variation for a substandard cul -de -sac where Schaller Drive meets the developer's
west property line. The proposed development plans do not have a street connection to the
existing temporary cul -de -sac at the east end of Schaller Drive. As such, the developer will
need to change the existing temporary cul -de -sac into a permanent cul -de -sac.
5. Reduced building setbacks for the existing houses at 2610 and 2611 Schaller Drive. These
setback approvals are necessary with changing the temporary cul -de -sac on the east end of
Schaller Drive to a permanent cul -de -sac.
6. A variation from the city code to reduce the required street right -of -way width. The developer
wants to reduce some of the public street right -of -ways from 60 feet to 50 feet.
7. A variation from the city code to reduce the required street pavement width. The developer is
asking to reduce the streets from 32 feet to 28 feet, 24 feet and 20 feet from gutter to gutter.
8. A preliminary plat to create the lots in the development. This approval was subject to eight
conditions.
9. Having no parking for both sides of some of the streets and no parking for one side of other
streets.
10. Starting the construction of up to four model homes before the city approves the final plat.
Application Date
The city received the complete application and plans for this request on July 21, 2006. State law
requires that the city take action within 60 days of receiving complete applications for a land use
proposal. As such, city action is required on this proposal by September 18, 2006.
P: \sec13 -28 \ROW Vacation - 2006
Attachments:
1.
Applicant's Letter
2.
Location Map
3.
Address Map
4.
Vacation Resolution
Attachment 1 .
ROBERT ENGST1tOM COMPANIES
July-20, zoos RECEIVED
Mr. Ken Roberts'
'JUL 8 Y 2006 '
_ . City of Maplewood -
1830 County Road B East
Maplewood, MN _55109
Re: New Century - Right of Way Vacation
Mr. Roberts.
Per our conversation this morning, our company is requesting that the city of Maplewood
vacaie the, excess right of way. as described on the attached diagram. Ii was the original
intent that the Association would own and maintain the property, The city would be
vacating the right of way to Robert Engstrom Companies who would subsequently deed ,
it to ft New Century Homeowners Association.
Presently, the, Association has a sprinkler system control box on' the property with an
enclosure covering it.
Thank you very much. -
Sincerely,
Paul T. Engstrom
Robert Engstrom Companies
PTE /me
APPLICANT'S LETTER
.::.RESIDENTIAL COMMUNITY DEVELOPERS...
4801'West 81st Street • Suite 101 •_Minneapolis,Minnesota 55437
www.engstrbmcp.com • (952) 893 -1001 • Fax (952) 893 -1841 "
N
Location Map
Right of Way Vacation
5
Attachment 2
N
Attachment 3
k
}
}
k
E
Address Map
Right of Way Vacation
6
Attachment 4
VACATION RESOLUTION
WHEREAS, Mr. Paul Engstrom, representing the developer of New Century, applied for the
vacation of the following:
That part of New Century Boulevard as shown on the plat of New Century, Ramsey County,
Minnesota described as follows:
Beginning at the most northeasterly corner of said New Century Boulevard, also being a
point on the west right -of -way line of Century Avenue; thence South 00 degrees, 39 minutes, 40
seconds East, assumed bearing along said west right -of -way line 70 feet; thence South 88
degrees, 34 minutes, 30 seconds West 77 feet; thence North 00 degrees, 39 minutes, 40 seconds
West 70 feet to the north line of said New Century Boulevard; thence North 88 degrees, 34
minutes, 30 seconds East along said north line 77 feet to the point of beginning.
All in Maplewood, Ramsey County, in Section 13, Township 28, Range 22
WHEREAS, the history of this vacation is as follows:
1. On August 21, 2006, the planning commission held a public hearing about this
proposed vacation. The city staff published a notice in the paper and sent notices to the
surrounding property owners. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also considered
reports and recommendations of the city staff. The planning commission recommended that
the city council approve the vacation.
2. On September 11, 2006, the city council reviewed this proposal. The council also
considered reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public fee title interest in the property
will go to the following described property:
Outlot C, New Century {PIN 13- 28 -22 -11 -0107}
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described
vacation for the following reasons:
It is in the public interest.
2. The city and the property owner do not need or use the right -of -way in question for
street or public utility purposes.
3. The properties adjacent to the right -of -way have adequate street access.
This vacation is subject to the property owner granting to Ramsey County a ten- foot -wide public
highway and drainage and utility easement over the east ten feet of the property in question.
The Maplewood City Council adopted this resolution on September , 2006.
0
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
MONDAY, AUGUST 21, 2006
1. CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:07 p.m.
11. ROLL CALL
Vice - Chairperson Tushar Desai
Present
Commissioner Mary Dierich
Present
Chairperson Lorraine Fischer
Present
Commissioner Michael Grover
Present
Commissioner Harland Hess
Absent
Commissioner Jim Kaczrowski
Present
Commissioner Gary Pearson
Present
Commissioner Dale Trippler
Present
Commissioner Jeremy Yarwood
Absent
Staff Present: Ken Roberts Planner
Lisa Kroll Recording Secretary
V. PUBLIC HEARING
a. Street Right -of -Way Vacation — Engstrom (Century Avenue and New Century Blvd)
(7:11 — 7:18 p.m.)
Mr. Roberts said Mr. Paul Engstrom, representing the developer of New Century, is proposing that
the city vacate part of an existing street right -of -way. This excess right -of -way is on the northwest
corner of Century Avenue and New Century Boulevard. Mr. Engstrom wants the city to vacate this
right -of -way so the sprinkler and irrigation equipment that is now on the property in question would
be on property owned by the homeowner's association and not on public property.
Chairperson Fischer asked if the structure there is in compliance with the 30 -foot setback?
Mr. Roberts said this structure was put up without permission. The city has not had it surveyed to
determine if it meets the 30 -foot setback.
Chairperson Fischer asked if that could be something that may need a variance?
Mr. Roberts said yes potentially.
Commissioner Dierich said the structure is enclosing water fixtures for the development irrigation
system that have been there for many years. They just enclosed the fixtures because there were
vandalism problems. She believes this structure is pretty close to the 30 -foot setback.
Chairperson Fischer said the fixtures by themselves would not need a variance but once you put a
structure around the fixtures that may need a variance.
Planning Commission -2-
Minutes of 08 -21 -06
Mr. Roberts said the applicant contacted staff and said he had a conflict with attending tonight's
meeting.
There were no visitors in the audience to speak regarding this item.
Chairperson Fischer closed the public hearing.
Commissioner Pearson moved to recommend approval of the resolution on page seven in the
staff report. This resolution is for the vacation of part of the street right -of -way on the northwest
corner of Century Avenue and New Century Boulevard. The reasons for the vacation are as
follows:
1. It is in the public interest.
2. The city and the property owner do not need or use the right -of -way in question for street or
utility purposes.
3. The properties adjacent to the right -of -way have adequate street access.
This vacation is subject to the property owner granting to the county a ten - foot -wide public
highway and drainage and utility easement over the east ten feet of the property in question.
Commissioner Trippler seconded. Ayes — Desai, Dierich, Fischer, Grover,
Kaczrowski, Pearson, Trippler
The motion passed.
This item goes to the city council on September 11, 2006.
9
Agenda Item L5
14:4� • -
Applicant: Josh Clendenen, Delaney Company LLC
Site Address: Hillside Estates Plat — Lots 2 and 3
Zoning: Single Family Residential (R -1)
Land Use: Single Family Residential (R -1)
City Council Hearing Date: September 11, 2006
60 -Day Deadline: September 19, 2006
Project Description: Josh Clendenen of Delaney Company LLC is requesting
the vacation of a public drainage and utility easement located on two vacant lots
(Lots 2 and 3, Hillside Estates Plat - 2412 Springside Drive and 2417 Linwood
Avenue).
Requests: The vacation of the easement is requested in order to reconfigure
the existing infiltration basin on Lot 3 to better accommodate the development of
a single - family house. Mr. Clendenen will dedicate a new drainage and utility
easement to the city to cover the reconfigured infiltration basin.
Recommendations: The planning commission recommended approval of the
vacation of the utility and drainage easement at the August 21, 2006, planning
commission meeting. Staff also recommends approval of the vacation of the
utility and drainage easement.
MEMORANDUM
TO:
Greg Copeland, Interim City Manager
FROM:
Shann Finwall, AICP, Planner
SUBJECT:
Vacation of a Utility and Drainage Easement
APPLICANT:
Josh Clendenen, Delaney Company LLC
LOCATION:
Hillside Estates Plat — Lots 2 and 3
DATE:
August 24, 2006 for the September 11 City Council Meeting
INTRODUCTION
Josh Clendenen of Delaney Company LLC is requesting the vacation of a public
drainage and utility easement located on two vacant lots (Lots 2 and 3, Hillside Estates
Plat - 2412 Springside Drive and 2417 Linwood Avenue). The vacation of the easement
is requested in order to reconfigure the existing infiltration basin on Lot 3 to better
accommodate the development of a single - family house. Mr. Clendenen will dedicate a
new drainage and utility easement to the city to cover the reconfigured infiltration basin.
August 23, 2004: The city council approved the preliminary plat for Hillside Estates.
This plat subdivided a 1.6 -acre vacant lot on Linwood Avenue into three single - family
lots, with the extension of Springside Drive. Two lots front on the new Springside Drive
cul -de -sac and one lot fronts on Linwood Avenue (Attachment 2).
June 13, 2005: The city council approved the final plat for Hillside Estates (Attachment
3).
August 31, 2005: Mr. Clendenen submitted a building permit application and plans to
the city to develop a single- family house on Lot 3, Hillside Estates - 2417 Linwood
Avenue (Attachment 4). The plans submitted required a reduced front yard setback
authorization from the city due to the fact that the house was proposed closer to the road
than the existing houses on either side (city code requires the front yard setback for a
house on a lot with existing houses on either side to be no closer than the house closest
to the street or no further back than the house farthest from the street). The required
front yard setback on this lot is 68.2 feet, the house was proposed with a 30.5 -foot front
yard setback. The reduced front yard setback was being requested in order to preserve
a berm and mature oak trees, and also due to the location of the existing infiltration
basin on the west side of the lot.
September 8, 2005: City staff submitted a reduced front yard setback notice to the
adjacent property owners of 2417 Linwood Avenue as required by city code. The notice
included information on the proposed single- family house which would be constructed
closer to the road than the existing houses on either side. In addition, the notification
explained the process for appealing the reduced front yard setback.
September 15, 2005: Fred Nazarian of 2425 Linwood Avenue (property owner to the
east of the vacant lot) appealed the reduced front yard setback on the basis that the
house would be too close to his house and would reduce his privacy.
February 27, 2006: The city council reviewed Mr. Clendenen's reduced front yard
setback request. During the meeting the applicant requested that the city council table
the item for one month in order to allow additional time to redesign the infiltration basin
and create a site plan which did not require a reduced front yard setback.
March 27, 2006: The city council received an update on the reduced front yard setback
from city staff. The applicant was able to redesign the infiltration basin and create a site
plan which does not require a reduced front yard setback. The redesign of the infiltration
basin would require the vacation of the existing drainage and utility easement and
dedication of a new easement on the plat.
DISCUSSION
Location of Infiltration Basin
The Hillside Estates plat was approved with a drainage and utility easement located on
the west side of Lot 3. One reason the easement was needed was for the construction
of an infiltration basin. The basin was designed to treat storm water runoff from the new
Springside Drive street extension and the new lots. The location of the basin was
chosen due to the grade of the land and the fact that there were no mature trees on that
portion of the plat. The Springside Drive street extension, the infiltration basin, and one
new single - family house on Springside Drive were all constructed last summer.
Mr. Clendenen has submitted a preliminary grading, drainage and erosion control plan
for the new infiltration basin (Attachment 5). The new basin will be located on the
southwest corner of the lot, allowing for development of a single family house on the
north side of the basin with the required 68.2 -foot front yard setback. Mr. Clendenen has
also submitted a revised drainage and utility easement (Attachment 6) which covers the
location of the new infiltration basin.
Jon Jarosch of the city's engineering department has reviewed the preliminary grading,
drainage and erosion control plan and the revised drainage and utility easement and
finds them acceptable. Mr. Jarosch recommends several conditions of approval in the
attached engineering report (Attachment 7). Mr. Nazarian, the property owner to the
east of the vacant lot, has submitted a letter of support for the vacation of the drainage
and utility easement (Attachment 8). Mr. Nazarian is pleased that the infiltration basin
will be relocated to allow the house to be set back from the road according to city code.
Mr. Clendenen should be required to record the new drainage and utility easement prior
to the issuance of a grading or building permit on the lot.
Tree Replacement
A condition of the Hillside Estates plat approval was that the developer replace all large
trees removed with the development of each lot. The city's tree preservation ordinance
defines a large tree as any healthy tree with a trunk diameter of 8 inches at a 4 -foot-
trunk height, excluding box elder, cottonwoods, poplars, and other undesirable trees as
determined by the community development director. Mr. Clendenen should be required
to submit a tree preservation plan with the submittal of a grading or building permit. The
tree preservation plan should include the size and species of all trees on the lots, which
large trees will be removed from the lots, appropriate measures to protect trees which
will be preserved, and the location, species, and size of all required replacement trees.
2
COMMITTEE ACTIONS
On August 21, 2006, the planning commission recommended approval of the vacation of
the utility and drainage easement (Attachment 9).
RECOMMENDATION
Approve the drainage and utility easement vacation resolution attached (Attachment 10).
This resolution approves Josh Clendenen's request for the vacation of a drainage and
utility easement on Lots 2 and 3, Hillside Estates. The city should vacate the drainage
and utility easement because:
It is in the public interest.
2. The vacation will allow the creation of a new infiltration basin on Lot 3 which will
allow a single- family house to be constructed on the lot which meets the front yard
setback required by city code.
3. The property owner will dedicate a new drainage and utility easement to the city.
The vacation of the drainage and utility easement is approved with the following
conditions:
Prior to issuance of a grading or building permit for Lots 2 and 3, Hillside Estates,
the applicant must submit the following to city staff for approval:
a. A revised grading and drainage plan which shows all changes
required by Jon Jarosch of the Maplewood engineering department in the
August 16, 2006, engineering review.
b. Proof that the revised drainage and utility easement has been recorded
with the county.
C. A tree preservation plan which shows the size and species of all trees on
Lots 2 and 3, which large trees will be removed from the lots, appropriate
measures needed to protect trees which will be preserved, and the
location, species, and size of all required replacement trees.
d. A letter of credit or cash escrow to cover 150 percent of the cost of all
replacement trees.
2. Prior to certificate of occupancy for a new house on Lots 2 or 3, the applicant
must install all required replacement trees and complete the construction of the
infiltration basin as per the approved plans.
P:com- devl12- 28\Easement Vacation
Attachments
1.
Location Map
2.
Preliminary Plat
3.
Final Plat
4.
Site Plan
5.
Preliminary Grading and Drainage Plan
6.
Revised Drainage and Utility Easement
7.
Engineering Review
8.
Letter from the Adjacent Property Owner
9.
August 21, 2006 Planning Commission Minutes
10.
Vacation Resolution
3
Attachment 1
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Attachment 7
Engineering Plan Review
PROJECT: Hillside Estate Plat (Pond Reconfiguration)
REVIEWED BY: Jon Jarosch (Maplewood Engineering Department)
DATE: August 16, 2006
The Delaney Company LLC is requesting City approval of a reconfiguration of a stormwater
treatment pond off of Linwood Avenue. The existing stormwater pond was constructed as part of
the Springside Drive Extension, City Project 03-36. The existing configuration of the pond has
made it difficult to place a home on the parcel. A set of plans displaying the proposed
construction of the pond and modification to the stormwater system have been submitted and
were found acceptable.
A new drainage and utility easement will be dedicated by the Delaney Company to cover the
new pond and stormwater system configuration. The existing drainage and utility easement is
requested to be vacated. Since this existing drainage and utility easement would be unneeded
after the pond and stormwater system is reconfigured, this easement vacation is acceptable.
Grading & Erosion Control
1. A Street-sweeping and watering plan must be clearly detailed on the erosion and
sediment control plan sheet.
2. The sediment and erosion control plan shall provide information through building
construction.
Please include City of Maplewood Plate No. 350 for details on sediment and erosion
control measures.
4. The existing catch-basin on Linwood Avenue, near the west end of the property, must
have an inlet protection device installed prior to any construction activities on the site.
5. Call out inlet protection devices to be used as specified by Maplewood plate No. 350.
Please note that a simple piece of geotextile fabric placed beneath catch-basin grates is
not an acceptable inlet protection device.
6. Rainwater gardens and rock-sumps must be protected during construction to prevent
sedimentation. Sedimentation of these areas will hinder infiltration, rendering these
gardens ineffective.
7. The placement of silt-fencing must be clearly displayed on the plans. Silt-fencing must be
in place prior to any construction activities on the site. Silt-fencing shall be placed along
the entire western and southern property lines to prevent erosion onto neighboring
properties and Linwood Avenue.
8. A rock construction entrance pad shall be placed at the entrance to the site off of
Linwood Avenue. This entrance pad shall meet the standard defined in Maplewood Plate
No. 350. This pad shall be placed prior to any construction activities on the site.
Miscellaneous
1. The developer and project engineer shall satisfy the requirements of all other permitting
agencies.
2. The removal of trees is shown to be necessary in the placement of the proposed house
and driveway. A tree replacement plan shall be submitted at the time a building or
grading permit is requested.
2
Aug 15 06 11:48a Fred Nazarian 651 -730 -0298 P.1
Attachment 8
TO: Shann Finwall and the Maplewood Planning Commission
FAX: 651 — 748 — 3096
FROM: Fred Nazarian
2425 Linwood Avenue East
DATE: 15 August 2006
SUBJECT: Joshua Clendenen request for vacation of utility casement on two lots (Lots 2 & 3 ) Hillside Estates
Plat — 2412 Springside Drive and 2417 Linwood Avenue East).
I ain a landowner whose property abuts immediately to the East of these two lots. It is my opinion that this
vacation should be allowed AND it is for the benefit of the City, and the two future landowners to allow this
request.
Z S* erely,
T, c7L
Fr ederick E, Nazarian
re
242 Linwood Avenue East
Maplewood, Neq 55119 - 5824
RECEIVED
FW
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
MONDAY, AUGUST 21, 2006
V. PUBLIC HEARING
a. Easement Vacation — Hillside Estates (between Linwood Avenue and Springside Drive)
(7:18 — 7:24 p.m.)
Mr. Roberts said Josh Clendenen of Delaney Company LLC is requesting the vacation of a public
drainage and utility easement located on two vacant lots (Lots 2 and 3, Hillside Estates Plat —
2412 Springside Drive and 2417 Linwood Avenue). The vacation of the easement is requested in
order to reconfigure the existing infiltration basin on Lot 3 to better accommodate the development
of a single- family house. Mr. Clendenen will dedicate a new drainage and utility easement to the
city to cover the reconfigured infiltration basin.
The commission did not have any questions for staff.
The applicant was not present in the audience and staff had no contact with him.
There was nobody in the audience to speak regarding this item.
Commissioner Trippler moved to approve the drainage and utility easement vacation resolution
attached in the staff report. This resolution approves Josh Clendenen's request for the vacation of
a drainage and utility easement on Lots 2 and 3, Hillside Estates. The city should vacate the
drainage and utility easement because:
1. It is in the public interest.
2. The vacation will allow the creation of anew filtration basin on Lot 2- 3 which will allow a single -
family house to be constructed on the lot which meets the front yard setback required by city
code.
3. The property owner will dedicate a new drainage and utility easement to the city.
The vacation of the drainage and utility easement is approved with the following conditions:
1. Prior to issuance of a grading or building permit for Lots 2 and 3, Hillside Estates, the applicant
must submit the following to city staff for approval:
a. A revised grading and drainage plan which shows all changes required by Jon Jarosch
of the Maplewood engineering department in the August 16, 2006, engineering review.
b. Proof that the revised drainage and utility easement has been recorded with the county.
Planning Commission -2-
Minutes of 08 -21 -06
C. A tree preservation plan which shows the size and species of all trees on Lots 2 and 3,
which large trees will be removed from the lots, appropriate measures needed to protect
trees which will be preserved, and the location, species, and size of all required
replacement trees.
d. A letter of credit or cash escrow to cover 150 percent of the cost of all replacement trees.
2. Prior to certificate of occupancy for a new house on Lots 2 or 3, the applicant must install all
required replacement trees and complete the construction of the infiltration basin as per the
approved plans.
Commissioner Desai seconded. Ayes — Desai, Dierich, Fischer, Grover,
Kaczrowski, Pearson, Trippler
The motion passed.
This item goes to the city council on September 11, 2006.
Agenda Item N1
August 22, 2006
TO: City Council
FROM: Greg Copeland, City Manager
RE: City Council Administrative Policy Sec. 14.13 Other Matters
The City Clerk has advised me with Legislative Elections occurring it is possible that the
City of Maplewood will be requested to grant use of the City Council Chambers for
candidate forums and other political meetings.
Current policy states:
"City Hall is a non public forum and prohibits all campaigning for public office within
municipal buildings and equipment."
This does not allow the City of Maplewood to host these public political forums or
meetings.
In order that the City of Maplewood again be able to host candidate forums such as those
hosted by the League of Women Voters or other organizations, the above referenced
policy should be repealed.
Past practice has been to allow non partisan use of the facility for purposes such as
League of Women Voters candidate forums at no charge when available.
Proposed Policy
The City Council Chambers is available for non partisan political meetings and candidate
forums at no charge for a maximum use of 4 hours during periods when not otherwise
required for official City business and when a building custodian is scheduled to be on
the premises.
Event sponsors shall be non partisan organizations which shall reserve space at least 5
days in advance with the City Clerk's office.
Agenda Item N2
September 8, 2006
TO: City Council
FROM: Greg Copeland
City Manager
RE: Kelly & Fawcett Billing and Request for City Legal Files
This is to advise you that Kelly & Fawcett is billing the City of Maplewood for what the
firm calls "Transition Billing" based upon an agreement approved by Richard Fursman
on March 7, 2006. This agreement was not approved by the City Council nor was it
presented to the Council for consideration at the time Kelly & Fawcett was reappointed in
January 2006.
Currently "Transition Billing" by Kelly & Fawcett amounts to $14,842.50 for July 2006
and $19,280.00 for August 2006, Finance Charges of $226.91 for a total of
$34,349.41. These charges are being billed at $300.00 per hour for Partners, $190.00 per
hour for Associates, $90.00 per hour for Law Clerks and $90.00 per hour for paralegals.
I have not paid these charges as they are not authorized by any City Council adopted
agreement and exceed the $5,000 rule on expenditures the Council has established.
Additionally, I have informed Kelly & Fawcett there was no grant of authority by the
City of Maplewood for Kelly & Fawcett to conduct "a final review of files" that belong
to the City.
Furthermore, Pat Kelly chose to resign the City Attorney Contract on July 7, 2006. There
was not a "termination" by the City of Maplewood of the contract. The decision to
terminate services was Pat Kelly's, so the "Memorandum" of February 10, 2006 executed
by Fursman, were it valid, which it is not, would have no effect.
I have asked Kelly & Fawcett to transfer to the City of Maplewood its sealed files to the
City Clerk by September 15, 2006.
Please see the enclosed attachments:
September 6, 2006 Letter to Pat Kelly.
Memorandum of February 10, 2006 executed by Richard Fursman on March 7, 2006 and
Pat Kelly on March 8, 2006.
Transition Billing from Kelly & Fawcett for July and August 2006.
September 6, 2006
Mr. Pat Kelly
Kelly & Fawcett
444 Cedar Street
St. Paul, MN 55 1 01
RE: July 2006 Invoice
Dear Mr. Kelly,
Payment of $4,23613 is enclosed.
There were several items under General Administration totaling $982.50 which were
billed after you resigned your contract as City Attorney on July 7, 2006. There was one
item for $95.00 under General Litigation and one item for $225.00 under Community
Development and Planning which were dated after your resignation.
I am unable to make any payment on all items billed as "Transition Billing" in the
amount of $14,842,50.
The basis for the charges, a memorandum of February 10, 2006, was not approved by the
City Council. Additionally the rates being levied are in excess of the rate set forth in the
memorandum.
It is important to note that this "transition billing" is also invalid given Kelly & Fawcett's
decision to resign its City Attorney Contract. The 'termination' was your decision, not
the City of Maplewood's action. There is no grant of authority by the City of Maplewood
for Kelly & Fawcett to conduct "a final review of files" that belong to the City.
On July 11, 20061 requested a list of active and inactive files in your firm's possession.
That request was not fulfilled. Only one file has since been turned over to the City Clerk.
You are now hereby requested to provide all the City of Maplewood's sealed files to the
City Clerk by September 15, 2006. The City of Maplewood makes this demand for its
files under the Minnesota Rules of Professional Responsibility that require you upon
termination of representation to surrender papers and property to which the client is
entitled.
Thank you in advance for your cooperation. As I previously indicated to you when you
advised me that the City's files were in off-site storage the City Clerk is prepared to take
custody of the files at their place of storage. I look forward to receiving your response as
to the preferred manner to transfer the files to the City.
Sincerely,
Greg Copeland
City Manager
MEMORANDUM
TO: Mr- Richard Fursman
FROM: Kelly & Fawcett, P.A.
RE: 2006 Annual Appointment
DATE: February 10, 2006
Thank yo u for the appointment of our firm as City Attorney for the City of Maplewood at
the January 9, 2006 City Council Meeting.
As in previous Years our services will include the following:
2
3.
4
Attend City Council m eeting and other city meetings as requested by the
City Council and City staff .
Draft and/or review ordinances, resolutions, and correspondence as
requested. Review City Council agendas and meeting -minutes as
requested, Department Heads
Advise the Mayor., Council Members, City Manager,
and other staff on City legal matters.
Represent the City in matters related
A OrNAPQ
to the enforcement of City building
an zoning municipal or other legal - judicial
5. Research and su b m it l opinions on m action or changes in
decisions impacting the City and ,,,
operations or procedures to assure compliance.
6. Provide advice on open mee ting law, data practices, records retention and
privacy issues.
7. interpret and advise with respect to municipal employment matters
including, but not limited to, PERA, labor agreements, personnel policy,
FLSA, Veterans preference, and unemployment compensation.
8. interpret and advise regarding State land use statutes, zoning and City
In'
Code. ing fees and leg use s, licenses and business
g
9. Interpret and advise regard al
operations.
Please see the attached Memorandum for a better description of the responsibilities of he
City Attorney.
As agreed upon, our rates will remain the same as they were for the 2005 Year. Current
rates are $80.00 per hour for civil m atters and $95.00 for litigation matters plus
re i m bursement for other expenses incurred by Kelly & Fawcett, P.A. Such expenses will
les (S.'20) per page), postage
include fax transmission charges ($1.00 per page), cop
( rates), online legal fees and mileage and parking expenses. Kelly& Fawcett, P.A
Z;�
currently retains fil f th Cit of Maplewood from 1975. In the event that services
between th Cit of Maplewood and Kelly & Fawcett, P.A. are terminated, Kelly &
Fawcett, P.A. will transfer all files from storage to the City of Maplewood. The
administrative cost and transfer, which includes final review of files shall be billed on an
hourly basis at current billing rates. The City of Maplewood will be invoiced monthly
u ntil the process is complete. The City will be responsible for all costs incurred with
respect to the removal and transporting of files from storage_
In the eve nt of terniination of services any additional work required of Kelly & Fawcett,
P.A. w ill be performed at the current billing rates of Kelly & Fawcett, P.A. (See attached
fee schedule).
w ar e very excited about our continued opportunity to serve the City of Maplewood as
your City Attorney.
We are also excited about commun o programs as well as working with other
C�
law enforcement agencies and involvement with schools and other non
organizations within the community.
Again, thank you for the continued opportunity to serve Your City- We look forward to
the year to come.
CITY OF MAPLEWOOD
Q
D ate:
Richard Fursman
City Manager
C�
KELLY & FAWCETT, P.A.
Date:
By:
Patrick J. Kelly
Attorney at Law
KELLY & FAWCETT, P.A.
2350 Piper Jaffray Plaza
444 Cedar Street
St. Paul, NN 55101
(651) 224-3781
Billing Period: - 07/31/2006
City of Maplewood Administration
1830 East County Road B
Maplewood HN 55109
Transition Billing
Fees
Page: 1
07/31/2006
Account No: 1-020000M
Statement NO: 22035
07/19/2006
SLF Review documents and files for civil
cases 1.75 525.00
- -
Song L. Fawcett 72.00 3,600-00
07/12/2006
BEL Review email demand from City with
attorneys to determine how to provide
the services demanded by the City 1.75 332.50
Manager
07/31/2006
BEL M with associates re: completion
of files and transport of files to 0.75 135.00
Maplewood
Brent LaSalle 2.50 467.50
07/12/2
LC Research re: Time commitment for City 1.25 118.75
council
LC Research re: City Council Vacancy Laws 0.75 71.25
Hours
07/12/2006
SLF
Review files on storage and
documents to
be provided to City per City Manager's
request; meeting on same
2.75
825.00
SLF
Review files on civil cases
and previous
files on administration
2.00
600.00
07/13/2006
SLF
Organize process for files,
pending and
525,00
closed
1.75
07/14/2006
SLF
Follow up work on files and
documents
per City Manager's request
1.75
-
525.00
07/17/2006
SLF
Review and analyze closed files and
documents for City Manager
2.00
600.00
07/19/2006
SLF Review documents and files for civil
cases 1.75 525.00
- -
Song L. Fawcett 72.00 3,600-00
07/12/2006
BEL Review email demand from City with
attorneys to determine how to provide
the services demanded by the City 1.75 332.50
Manager
07/31/2006
BEL M with associates re: completion
of files and transport of files to 0.75 135.00
Maplewood
Brent LaSalle 2.50 467.50
07/12/2
LC Research re: Time commitment for City 1.25 118.75
council
LC Research re: City Council Vacancy Laws 0.75 71.25
City of Maplewood Administration
Transition Billing
07/13/2006
Page: 2
07/31/2006
Account No: 1-020000H
Statement No: 22035
LC Obtain signature on Plat at county
courthouse
LC Review files for Maplewood to be
transferred
07/18/2006
LC Organizing files and writing summaries
07/19/2006
LC Compile file list
0/21/2006
LC Compile list of all files
07/24/2006
LC Research Council members absence and
punishment
LC Obtain copies of documents
Law Clerk
07/13/2006
EJ,-j' Obtain files from Ramsey County; review
and organize documents
07/14/2006
EJIII Prepare files for turnover to new City
Attorney
07/19/2006
Ej,\4 Prepare list of files to be transferred
to new City Attorney
07/20/2006
EJM Prepare a list of files to be
transferred to new City Attorney
0W24/2006
Ej[VI Prepare list of files to be transferred
to new City attorney
Erich J. Axmacher
07/14/2006
IqL Review closed file lists for purposes Of
pulling Maplewood files from storage
NL Review files for purposes of
transferring to Maplewood
07/17/2006
INIL Organize file for purposes of sending to
Maplewood per Copeland's request
Hours
0.75
71.25
2.00
190.00
0.25
23.75
1.25
118.75
0.50
47.50
1.00
95.00
0.50
47.50
8.25
783.75
4.00
380-00
0.75
71.25
2.50
237.50
2.00 190.00
1.50 142.50
10.75 1.,021.25
3.25 292.50
1.00 90.00
1.75 157.50
City of Maplewood Administration
Transition Billing
Page: 3
07/31/2006
Account No: 1-020000M
Statement NO: 22035
07/24/2006
NL Organize City of Maplewood closed file
lists 4,25 382.50
07/25/2006
NL review closed file lists; compile list
of City of Maplewood files in storage 2.00 180.00
0*7/26/2006
NL
review closed file lists; compile list
Hours
NL
Draft correspondence to City Clerk re:
1.25
112.50
07/27/2006
files
1.25
112.50
NL
Deliver files to City Clerk
0.75
67.50
07/19/2006
of City of Maplewood files and boxes in
NL
Review closed file lists for purposes of
2.50
225.00
pulling Maplewood files from storage;
20.50
1,845.00
07/13/2006
compile City of Maplewood list of files
TSO
in 'storage
1.50
135.00
NL
Review closed file lists; compile list
4.00
760,00
07/14/2006
of closed City of Maplewood files
1.00
90.00
07/24/2006
NL Organize City of Maplewood closed file
lists 4,25 382.50
07/25/2006
NL review closed file lists; compile list
of City of Maplewood files in storage 2.00 180.00
0*7/26/2006
NL
review closed file lists; compile list
of City of Maplewood files in storage
1.25
112.50
07/27/2006
HL
Review closed file lists; prepare list
of City of Maplewood files and boxes in
storage
2.50
225.00
Natalie Liffrig
20.50
1,845.00
07/13/2006
TSO
Review and prepare files for transfer to
new City Attorney
4.00
760,00
07/14/2006
TSO
Wrap up files for transfer to new City
Attorney
1.25
237.50
07/17/2006
TSO
Prepare files for transfer
0.75
142.50
07/18/2006
TSO
Review and organize files re: various
ordinances and Legacy Holding
Registration
2.00
380.00
07/19/2006
TSO
Brief City Manager on prosecution
responsibilities
1.25
237.50
TSO
Attend meeting re: transition, status
and progression of transition
1.50
285-00
City of Maplewood Administration
Transition Billing
07/20/2006
TSO Follow up on files and matters of
transition as well as review of recent
communications
07/22/2006
Page: 4
07/31/2006
Account No: 1-020000M
Statement No: 22035
Hours
2.75 522.50
TSO Review files and prepare documents for
transfer to new City Attorney 3.00 570.00
07/24/2006
TSO Prepare files for transition to new City
Attorney 7.75 1,472.50
07/25/2006
TSO
Telephone conference with attorney on
Drfeiture case, further research
0.25
47.50
TSO
Prepare files
for transfer
1.50
285.00
07/2
TSO
Discussion of
prosecution transfer plans
0.25
47.50
TSO
Prepare files
for transfer to new
Attorney
1.25
237.50
07/27/2006
TSO
Prepare files
for transition to new City
Attorney
0.50
95.00
07/28/2006
TSO Meet w/ people serving judicial
forfeiture demand 0.25 47.50
TSO Draft RFP language for attorney contract
process 1.00 190.
TSO Prepare files for transition to new City
Attorney 1.00 190-00
07/29/2006
TSO Prepare files for transfer; review
documents and correspondence; draft memo
to 'Liles 4.75 902.50
07/31/2006
TSO Discussion of transition actions,
complete draft RFP for Manager 0.75 n/c
TSO Prepare files for transition to new City
Attorney 2.50 475.00
Trevor S. Oliver 37.50 7,125.00
For Current Services Rendered 91.50 14,842.50
Recapitulation
Timekeeper Hours Rate Total
Song L. Fawcett 12 .00 $300.00 $3,600-00
City of Maplewood Administration
Transition Billing
Page: 5
07/31/2006
Account No: 1-020000M
Statement No: 22035
Timekeeper
Hours
— Rate
Total
Brent LaSalle
2.50
187.00
467.50
Law Clerk
8.25
95,00
783.75
Erich J. Axmacher
10.75
95.00
1,021.25
Natalie Liffrig
20.50
90.00
1,845.00
Trevor S. Oliver
37.50
190.00
7,125.00
Total Current Work
Balance Due
Please make checks payable to Kelly & ravcett
Payments received of 0713112006
are not included on this statement.
14,842.50
$14,842.50
KELLY & FAWCETT, P.A. thanks you as a valued client.
KELLY & FAWCETT, P.A.
2350 Piper Jaffray Plaza
444 Cedar Street
St. Pail!, W
Billing Period: - 08/31/2006
Page: 1
city of Maplewood Administration 08/31/2006
1830 East County Road 3 Account NO: 1-020000M
Maplewood MN 55109 Statement No: 22260
Transition Billing
Previous Balance $14,B42.50
Fees
Hours
08/10/2006
ANA
organize files; draft summaries on files
i.00
90.00
08/15/2006
ANA
Draft memo re:
case
1.25
112,50
ANA
Located examples and files that still
needed memos drafted
0.25
n/c
ANA
Continue drafting transition memos
0,25
22.50
08/16/2006
ANA
Complete memo on transition file carried
over from previous day
0.25
22.50
ANA
Draft transition memos
1.25
112.50
ANA
Draft memo re:
0.75
67.50
.ANA
Draft memo re: i ordinance
1.00
90.00
ANA
Draft memo re: zoning ordinance
0.25
22.50
06/17/2006
ANA
Draft transition memos
4.00
360.00
ANA
Draft Carver Crossing memo
1.50
135.00
08/18/2006
ANA
Draft Transition memos; completed police
Correspondence
0.75
67.50
ANA
Preoare transition memo re:
0.50
45.00
ANA
Prepare transition memo re:
Agreement
0.50
45.00
ANA
Prepare transition memo re:
0.75
67.50
A A NA
Prepare transition memo re:
'.dmen
0.75
67.50
ANA
Prepare transition memo re: Animal
Control contract
1.25
112.50
ANA
Prepare transition memo re: Public Works
general correspondence
0.50
45.00
08/22/2006
ANA
Prepare transition memos for files
2.75
247.50
Page: 2
City of Maplewood Administration 08/31/2006
Account No: 1-020000M
Statement NO: 22260
Transit'-ion Billing
Hours
08/23/2006
Ana-
Prepare file on Public Works General
transition
1.50
135.00
Correspondence; draft Transition memo
1.00
90.00
ANA
Transition memos - review background
LC
Prepare Forfeiture files for
transfer
research
1.00
90.00
08/24/2006
ANA.
Draft Transition Memos re:
0.75
67.50
ANA
Draft Transition memo re: General
correspondence for Public Works and Fire
2.50
225.00
08/25/2006
1.25
112.50
08/18/2006
ANA
Prepare transition memo re: Public Works
0.50
45.00
08/30/2006
Prepare files for transition
to new
ANA
Draft Transition memos
0.75
67.50
25.75 2,317.50
LC
Prepare forfeiture files for
transition
1.50
135.00
08/02/2006
LC
Prepare Forfeiture files for
transfer
1.00
90.00
08/03/2006
LC
Research re: Forfeiture list
0.50
45.00
06/07/2006
LC
Organize files for transfer
1.25
112.50
08/18/2006
LC
Prepare files for transition
to new
Attorney
0.50
45.00
08/25/2006
LC
Organize transition files
1.73
157.50
08/31/2006
LC
Prepare files for transition
to new
Attorney office
4.25
382.50
Law Clerk
1.0.75
967.50
08/08/2006
E,TM
Coping documents for transfer to new
attorney
1.25
n/c
Erich J. Axmacher
0.00
0.00
06/03/2006
NL
Organize 2006 administrative
files to be
sent to City Attorney
3.25
292.50
City of Maplewood administration
Transition Billing
Page: 3
08/31/2006
Account No: 1-020000M
Statement No: 22260
08/25/2006
NL organize and review 2005 human
resources, fire and finance files to be
transferred to city attorney 3.75 337.50
09/28/2006
NL
organize and review -- I file and misc.
Hours
08/04/2006
public works file for the t-r—sition
1.75
157.50
NL
organize files to be sent to
1.25
112.50
NL
Deliver forfeiture files and some
NL
administration files to
1.00
90.00
08/08/2006
Maplewood public works and human
N.
review misc. City of Maplewood filing
1.75
157.50
08/31/2006
for.the transition
3.25
292.50
NL
pull files and review 2006 litigation,
community development, police, public
2.75
247-50
works, Human resources, fire and finance
4.25
382.50
08/14/2006
NL
organize and prepare 2005 City of
0.25
47.50
TSO
Maplewood -files to be transit-ioned to
0.75
142.50
08/02/2006
3.25
292.50
08/25/2006
NL organize and review 2005 human
resources, fire and finance files to be
transferred to city attorney 3.75 337.50
09/28/2006
NL
organize and review -- I file and misc.
public works file for the t-r—sition
1.75
157.50
NL
Review and organize files
3.25
292.50
08/30/2006
NL
review and organize 2005 City or
Maplewood public works and human
resources files
1.75
157.50
08/31/2006
NL
review and organize 2005 human
Resources, fire and finance files
2.75
247-50
Paralegal
29.50
2,655.00
08/01/2006
TSO
Update on File transition
0.25
47.50
TSO
Transition file work[]
0.75
142.50
08/02/2006
TSO
file allocation and prioritization in
transition process
0.50
95.00
TSO
Preliminary oraanization of assignments
)en
ne City
2.25
427.50
08/04/2006
TSO rorfeitu=es Summary of forfeiture '-Fi
transferred to new city attorney 0.75 142.50
City of :Maplewood Administration
Transition Billing
TSO review; drafting of summary memo;
organization and other preparation on
multiple administration files
TSO review, drafting or summary memo,
organization and other preparation on
multiple administration files
Page: 4
08/31/2006
Account No: 1-020000M
Statement No: 22260
08/06/2006
TSO prepare for civil hearing as Judge would
not grant Maplewood a continuance and
have not yet heard back from interim
attorney on our request for him to cover
and confirm; opposing counsel will
otherwise ask for attorneys fees and
sanctions; hearing appearance and follow
up with court and file
08/08/2006
TSO review file and draft summary memos,
organize and prepare multiple
administration files
TSO Work on transition files
MWARNUMM
TSO Review re: status of transition and
Kantrud's involvements as well as lack
of communication from City inhibiting
process
06/10/2006
TSO review, organization, drafting summary
memos and transition of files to new
interim city attorney; review,
organization, drafting of summary memos
and transition re: citizen request re:
data practices
08/11/2006
TSO work on review, organization re: data
practices files and investigation;
follow up on same
TSO review administration correspondence to
City; follow up on transitional matters
08/15/2006
TSO review, organization prepare summary
memorandums of administrative f
08/17/2006
TSO review, organize, prepare summary
memorandum and transition of
administrative files to interim City
Attorney
5.25 997.50
3.00 570.00
2.00 380-00
1.00 190.00
0.75 142.50
0.50 95.00
1.50 265.00
1.00 190.00
0,75 142-50
1.75 332.50
1.75 332.50
City of Maplewood Administration
Transition Billing
TSO reivew, organize, prepare memo summary
re: transition of administrative files
to interim City manager
MINOWEM-
Hours
3.50 665.00
TSO review, organize, prepare summary memos
anal transition of administrative files
to interim city attorney 1.00 190.00
TSO review correspondence from attorney
contact transition of file;
follow up on same 0.75 142.50
08/21/2006
TSO
review, organize, prepare summary
memorandum and transition of
administrative files to interim City
Attorney
3.25
617.50
TSO
review, organize, prepare summary
memorandum for transition of
administrative files to interim City
Attorney
3.50
665.00
08/22/2006
TSO
review, organize and prepare summary
memos on administration files
1.23
237.50
TSO
review, organize and prepare summary
memos for administration files
3.25
617.50
08/23/2006
TSO
Review, organize, prepare summary memo
for transition to new City Attorney
0,75
142,50
TSO
review, organize, prepare summary memo
for transition of administrative files
1-00
190.00
08/24/2006
TSO
Organize, prepare summary memos for
administration files
4.00
760.00
08/25/2006
TSO organization, prepare file summary memos
for transfer of files 2.50 475.00
TSO organize, prepare summary memos for
transition of files to interim City
Attorney 4.00 760.00
TSO review, organize and summarize maplewood
administration files 4.50 855.00
TSO organize, review, prepare summary memos
for transfer of administration files 1.00 190.00
Page: 5
08/31/2006
Account No: 1-020000M
Statement No: 22260
08/29/2006
TSO organize files, review and draft summary
City of Maplewood Administration
Transition Billing
Page: 6
08/31/2006
Account No: 1-020000M
Statement No 22260
For Current Services Rendered 132.25 18,527.50
Recapitulation
Timekeeper
Hours
Hours
Total
Andrea Amindon
memos for transfer of administration
$90.00
$2,317.50
Law Clerk
files
1.00
190.00
TSO
organize, review and summarize
90.00
2,655.00
Trevor S. Oliver
administration files for transfer
1.75
332.50
08/30/2006
TSO
review, organize and prepare summary
memos for administration -files
1.00
190.00
TSO
review memos to be released
1.00
190.00
08/31/2006
TSO
search for additional specific files to
be included in transition to Kantrud;
organize, review and draft memos re:
2006 files
1.25
237.50
TSO
Review of outgoing files to be
transfered
2.25
427.50
Trevor S. Oliver
66.25
12,SB7.50
For Current Services Rendered 132.25 18,527.50
Recapitulation
Timekeeper
Hours
Rate
Total
Andrea Amindon
25.75
$90.00
$2,317.50
Law Clerk
10.75
90.00
967.50
Paralegal
29.50
90.00
2,655.00
Trevor S. Oliver
66.25
190.00
12,587.50
Expenses
08/18/2006 City Administrative Costs 38.38
08/31/2006 Mileage to/from Natalie Liffrig 16.02
08/31/2006 City Administrative Costs 115.60
08/31/2006 online legal research, 582.30
Total Expenses 752.50
Total Current Work 19,280.00
Finance Charge 226.91
Balance Due $34,349.41
Please make checks payable to.Kelly &,Favcett
Payments received aEtexr 0813112006
are not included on this statement.
KELLY & FAWCETT, P.A. thanks you as a valued client.