The URL can be used to link to this page

Home My WebLink About2006 11-27 City Council Packet4:00 p.m. Special Meeting - Closed Session 5:00 p.m. CouncillManager Workshop AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 27, 2006 Council Chambers, City Hall Meeting No. 06 -30 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Minutes from the November 20, 2006 Council /Manager Workshop 2. Minutes from the November 20, 2006 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS Appointment of Environmental and Natural Resources Commissioners H. PUBLIC HEARINGS 1. Liquor License Fee Increases and Code Revision 2. Sign Variance – Boca Chica Taco House (1706 White Bear Avenue) 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Increase in Planning Fees (Second Reading) 3. Conditional Use Permit Review – Jiffy Lube (3071 White Bear Avenue) 4. Conditional Use Permit Review – Saint Paul Hmong Alliance Church (1770 McMenemy Street) 5. Conditional Use Permit Review —Maple Leaf Ridge Business Center (2475, 2485 and 2495 Maplewood Drive) 6. Donation to Police Department – 3M Driver Feedback Sign 7. Donation for Police Department Seminar 8. Metro Gang Strike Force Joint Powers Agreement 9. Troutland Auto Dealers (Lexus of Maplewood), City Project 05 -13, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement I. CONSENT AGENDA (continued) 10. Troutland Auto Dealers (Bloomer Properties), City Project 05 -13, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement 11. Maplewood Retail Center, City Project 05 -30, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement 12. Cottagewood, City Project 06 -08, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement 13. Authorization to Purchase 2007 AutoCAD Software Upgrades 14. Resolution for Adoption of 2007 Public Works Permit Fees 15. Consider Approval of 2007 SCORE Funding Grant Application J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Manufactured Home Park Closing Update — Saint Paul Tourist Cabins (940 Frost Avenue East) 2. Conditional Use Permit Review — Maplewood Business Center (1616 Gervais Avenue) 3. Environmental Utility Fund — Report on Fund Balance and Establishing 2007 Rates 4. Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03 -20, Resolution Authorizing Investigation into Acquisition of Property L. NEW BUSINESS 1. Saint Paul Regional Water Services Sandy Lake Site Conditional Use Permit (County Road B — West of I — 35E) 2. Conditional Use Permit Review — Midwest Grounds Maintenance (1949 Atlantic Street) 3. Woodlands Development, City Project 05 -04, Revisions to the Public Street Entrance at McMenemy Street 4. CarMax /Mogren Area Improvements, City Project 06 -17, Resolution Receiving Preliminary Report and Calling Public Hearing for December 18, 2006 5. Gladstone Area Redevelopment, City Project 04 -21, Authorization to Proceed with Phase 1 Project Survey 6. Proposed Policy Amendment to Section Seven of the Rules of Procedure for City Council and City Council Meetings M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES CITY COUNCIUMANAGER WORKSHOP Monday, November 13, 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 5:00 P.M. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent Will Rossbach, Councilmember Absent C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as presented. Seconded by Councilmember Cave Ayes -All D. UNFINISHED BUSINESS 1. Gladstone Area Redevelopment a. Public Works Director Ahl presented the report. b. Council reviewed the final revisions to the Gladstone Master Plan. C. Brad Scheib, Hoisington Koegler Group, Inc. , Planning Consultant for the Gladstone Redevelopment Study, reviewed all requested edits with council. Public Works Director'Ahl will submit the final draft of the Master Plan for Council approval on December 18, 2006. E. ADJOURNMENT Mayor Longrie adjourned at 6:50 p.m. MINUTES Agenda Item E2 MAPLEWOOD CITY COUNCIL 7: 03 P.M. Monday, November 13, 2006 Council Chambers, City Hall Meeting No. 06 -28 A. CALL TO ORDER M FBI A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 3. Minutes from the October 23, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the October 23, 2006 City Council Meeting as presented. Seconded by Councilmember Hjelle Ayes -All City Council Meeting November 13, 2006 1 9 APPOINTMENTS /PRESENTATIONS Charles Bethel, City Attorney for Human Resources, Status of 2007 Labor Contract Negotiations I a. Charles Bethel defined collective bargaining and presented an update on the status of the 2007 labor contract negotiations. b. Steve Roy explained the process for determining salaries for specific positions, COLA (Cost of Living Adjustment) and the elimination of the merit pay bonus program. C. Mr. Bethel explained the genesis of the Maplewood Confidential and Supervisory Association and the status of the negotiation meetings with each bargaining unit. d. City Manager Copeland informed council that any cancellations and rescheduling of negotiation meetings were cancelled by the bargaining units not by Mr. Bethel. VISITOR PRESENTATIONS Nancy Lazaryan, 10734 West Lake Road, Rice, spoke Longrie reminded Ms. Lazaryan she needs to approacl procedures and asked that she take her litigation to th€ 2. Dave Schilling, 1955 Greenbrier Street, commented o Salary Survey in the city news. 3. Bill Kayser, 6408 1st Avenue North, atten firmly reminded by Mayor Longrie that a attempt to litigate his claims. A two minute break was taken. H. PUBLIC HEARINGS 1. 8:17 p.m. South Maplewood Developmei a. Planner Roberts presented the report. b. Mayor Longrie opened the public hearing persons were heard,: riling pending litigation. Mayor issues under the rules of civil rt room. ntly published Maplewood k about pending litigation and was Meeting is not the forum to continually oratorium Ordinance (Second Reading) calling for proponents or opponents. The following Jim Kerrigan, 2620 Carver Avenue, Maplewood Mary Dierich, Maplewood Planning Commissioner and resident (2624 Promontory Place) Ron Cockriel, 943 Century Avenue, Maplewood Joe Bailey, 1615 S. Sterling Street, Maplewood Gordon Bailey, 1325 Bailey Road, Newport Phill Soby, Developer and owner of 1525 Sterling Street S., Maplewood Sharon Soby, 1525 Sterling Street S., Maplewood Steve Mylnarczyk, 1364 Dorland Road S. Maplewood Carl Erb, 2354 Heights Avenue, Maplewood Amy Kaiser, 1400 Sterling Street S., Maplewood Mark Bonitz, 1635 Sterling Street S., Maplewood Mark Vogel, 1420 Sterling Street S., Maplewood Michael Bailey, 1695 Sterling Street S., Maplewood Sue Bonitz, 1635 Sterling Street S., Maplewood Jeff Vogt, 378 Ripley Avenue, Maplewood Jamie Jensen, 1517 Dawn Circle, Arden Hills Greg Thompson, 1528 Haller Court, Maplewood John Gores, 2870 Arcade Street, Maplewood Pat Bailey, 1678 Sterling Street S., Maplewood City Council Meeting November 13, 2006 Carolyn Peterson, 1801 Gervais Avenue, Maplewood Mayor Longrie requested the following letter be entered into the record: r Raai agwo € eve aprnunt, Rnfinoe 1- 1301—t 6 City Council Meeting November 13, 2006 3 City Council Meeting November 13, 2006 City Council Meeting November 13, 2006 5 HA"TWAS C: Jolm Daker, s+ Ma - s " The $emjerComl coaCIud. City viola"f Sti dtay of goad fraith=dWrde4ing wilh 1ho landowner amd rtn=dtd far s W' fps, City Council Meeting November 13, 2006 6 C. Mayor Longrie closed the public hearing. Councilmember Hjelle moved to adopt the following second reading of the following ordinance for the purposes of protecting the planning process, the health, safety and welfare of the citizens of Maplewood and for developing land use and zoning standards and land use planning for the area south of Carver Avenue in Maplewood, Minnesota with the following changes: Add: Section 2 should include the Historic Preservation Commission and the Environmental and Natural Resources Commission Clarifv: Section 1 -1.02 should clarifv that the obiective of the study is to review existina and planned in the tirst reading of true ordinance. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS, FOR PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF MAPLEWOOD AND FOR DEVELOPING LAND USE AND ZONING STANDARDS AND LAND USE PLANNING FOR THE AREA SOUTH OF CARVER AVENUE IN MAPLEWOOD, MINNESOTA The area under consideration in this ordinance (hereinafter referred to as the "South Maplewood Study Area ") includes all the land south of Carver Avenue in Maplewood (refer to the South Maplewood Study Area map for the location) that the city has zoned F (farm residence) and R -1(R) (rural residential). The Maplewood City Council SECTION 1. PURPOSE 1.01 The City of Maplewood is currently conducting a study that includes land use, zoning and planning components for the area south of Carver Avenue. 1.02 The objective of the study is to review existing and planned land uses and zoning designations and the existing natural and constructed features in the south Maplewood study area, including a review of the diversity of housing options within Maplewood because of the zoning. From this information, the city may make changes to the comprehensive plan, the zoning ordinance or the land use plan in the area to create better - planned and constructed developments and neighborhoods. 1.03 In addition to the study, the city may need to revise the city's zoning ordinance, zoning map, land use map and comprehensive plan because of the following issues: - Land use - Minimum lot sizes__ - Public utility availability (including sewer and water and the costs and impact on the area) - Building setbacks - Open space connectivity - Existing city and county public land uses - Parks and trails connections - Mississippi River Critical Area considerations - Mississippi National River and Recreational Area (MNRRA) considerations, including those of neighboring communities - Metropolitan Council Requirements and Land Planning Guide Book (including, but not limited to, the strategies for protecting special resources including solar access, wind energy access, the urban service area and historic preservation). City Council Meeting November 13, 2006 - Pedestrian flow and safety - Parking - Historical features and the objectives listed in the Maplewood Comprehensive Plan - Topography - Wetlands, ponding and other water features - Storm -water systems and management requirements - Housing density - The percentage of R-1 (R) acreage to other land use acreage for residential purposes. - The percentage of R-1 (R) housing potential in relation to other designations for housing opportunities in Maplewood, i.e. single dwelling, 40,000 square foot lots versus 10,000 square foot lots, R -1, R- 1 (S), mid - density, high density to provide a comprehensive list of the housing options in Maplewood. - The financial impacts of development on the city - Street patterns and traffic flows - Ramsey /Washington Metro Watershed District considerations and requirements - MnDOT Highway and Traffic Plans for the area, including traffic and public safety - Preservation of housing and life -style options 1.04 There is a need for the city to do these studies so that the city staff and the city council will have current and relevant information before considering or making any changes to the city's comprehensive plan and to the city's zoning ordinance, zoning map and land use map for the area south of Carver Avenue. SECTION 2. DEVELOPMENT AND REDEVELOPMENT STUDY, MORATORIUM 2.01 The city council authorizes the city staff to do this study. City staff shall coordinate this study with the planning commission, the environmental and natural resources commission, the historical preservation commission, other government agencies, property owners, interested citizens, the city council and any other entities that may provide input to the study. 2.02 Upon completion of the study, city staff will present the stu for their review and recommendation to the city council. Its to the planning commission 2.03 A moratorium on development in the south Maplewood Study Area is adopted pending completion of the study and /or the adoption of any amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study. The city will not approve any new development, subdivision or building permit for a new building, except for those parcels that are two acres in size or smaller and now of record during the moratorium period. Maplewood may issue building permits for the expansion or remodeling of existing structures, for accessory structures or for one new principal structure on an existing lot of record where the owner does not subdivide the property. 3.01 The term of ordinance shall be for one year or until the city council adopts amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study or the city council takes any action that directly affects the study or the ordinance. SECTION 4. VARIANCES 4.01 The city council, at their discretion, may grant variances from this ordinance based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. City Council Meeting November 13, 2006 b. The application for a variance shall set forth special circumstances or conditions that the applicant alleges to exist and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The city will submit the application to the planning commission for their review and recommendation to the city council. d. The city council may set, at its discretion, a public hearing before making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed sut may be necessary to meet the purpose and intent of this ordinance. Seconded by Mayor Longrie Ayes-All 9:19 p.m. A five minute break was taken. 2. 9:35 p.m. Saint Paul Tourist Cabins Manufactured Home Park Closi Avenue) a. Senior Planner Ekstrand presented the report. b. City Attorney Kantrud answered council questions. ision or development as rost C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following person was heard: Steven Renderos, All Parks Alliance for Change (APAC), St. Paul d. Mayor Longrie closed the public hearing. e. City Manager Copeland stated research confirmed staff's decision regarding an ordinance in 2002 was that State Statute provides protection for park residents. f. Phil Johnson, Tourist Park Owner, felt confident the due to the concerted efforts made that a settlement was made in good faith that was satisfactory to all park home owners. g. Bart Montanari,, developer of the Tourist Cabin site, requested assistance from council on expediting a resolution with the one remaining resident. Mayor Longrie moved to direct staff to provide council a report at the November 27th Council meetin listing the sale transaction figures from all of the manufactured homes already purchased by the developer, to assist council in determining a buyout award if an agreement is not made between the developer and the one remaining park home owner. Seconded by Councilmember Cave Ayes-All KOININNIUC141MI Councilmember Hjelle moved to approve consent agenda items 4, 5 -6, 8, 10 -11, 13 -16, 18, and 20. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann requested a breakdown of the two invoices from Bethel and Associates. Councilmember Hjelle moved to approve consent agenda item 1. Seconded by Councilmember Cave Ayes-All City Council Meeting November 13, 2006 9 Councilmember Cave moved to approve consent agenda item 2 with the caveat that council receives information on the balance of the working capital for un- assessed improvement costs and the reserve for the future capital outlay. Seconded by Councilmember Ayes-All Mayor Longrie moved to table consent agenda item 3 until the November 27th City Council Meeting for staff to bring requested information to council. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nay - Councilmember Juenemann Councilmember Juenemann moved to approve consent aoenda item 7 Seconded by Councilmember Hjelle Councilmember Juenemann moved Seconded by Councilmember Hjelle Councilmember Juenemann moved to Seconded by Councilmember Hjelle Councilmember Juenemann moved Seconded by Councilmember Hjelle Councilmember moved to approve consent consent aoenda item 12. F-11 item 19. Seconded by Councilmember Ayes-All Councilmember Cave requested the balance of the Fleet Management fund. Imember by Councilmember Hjelle Ayes-All M $ 1,111,969.61 $ 138,528.94 $ 148,861.16 of Claim Checks # 71125 thru # 71179 dated 10/16/06 thru 10124106 Disbursements via debits to checking account dated 10/13/06 thru 10/19/06 Checks # 71180 thru # 71230 dated 10/25/06 thru 10/31/06 City Council Meeting November 13, 2006 10 $ 302,088.39 $ 807,840.37 $ 125,678.08 $ 2,634,966.55 PAYROLL $ 555,275.13 $ 2,305.25 $ 458,779.27 $ 2,305.25 $ 1,018,664.90 $ 3,653,631.45 2. Sanitary Sewer Rates Disbursements via debits to checking account dated 10/20/2006 thru 10/26/2006 Checks # 71231 thru # 71280 dated 11/01/06 thru 11/07/06 Disbursements via debits to checking account dated 10/27/06 thru 11/02/06 Total Accounts Payable Payroll Checks and Payroll Deduction c dated 10/20/06 Deposits dated 10/20/06 1000156 thru # 1000157 Payroll Cheeks and Direct Deposits Payroll Deduction check # 1000268 dated 11/03/06 Total Payroll TOTAL Approved the 8;1 % increas revenues anticipated in the 11/03/06 1000269 in sanitary sewer rates effective January 1, 2007 to provide the 007 budget. 3. Environmental Utility Rates for 2007 Approved the 20% increase in the environmental utility rates effective January 1, 2007 to provide the revenues anticipated in the 2007 budget. 4. Increase in Miscellaneous Service Charges Approved the following increase in Community Development Department service charges effective January 1, 2007: City Council Meeting November 13, 2006 11 GENERA SERVICE CHARGE 2D05 20066 2007 Fee Fee Fee GPo ;Cat I1 culd rye = 527 527 27 Fire Dept. False Alarm. rge '100 -400 1Pi0 -4013 r00 -1CIO Police Dept False Alarm Charge 2J5 -100 20, -1O0 2F, -yXGO Police .Acci Report Copies 0,25'page 0,25,. >0,25;'page. Fire Repr�rt a Ales 0.0 �,tpage 012r�, page 0.251page Fire Inspection of Businesses and .Apartmelrts; ; Structures under i 0 000 sq ft, 50 01 02 fRictures Linder 10,000 - E�O,000 s . ft 100 ' 102 104 Structures over 00,000 s , ft 150 1003 1546 Re inSpectIiDn i; third and Olpr 100: 102 101 Fire inspection of Day Care ?Fnstor Care Facilities '' 46 47 401 Tax - Exempt Mortgage Revenue F=inancing - C.crnmerciai: Anri; U91 Paid with Application (non- fefrindable)' 3,260 1 3,330 3,400 Base Char..le I'% of 0ond Issuer 1960 1% 'l % Maximum (in addition to appl4c:atior} feet ' 23.600 23 I7�30 2 ,600 Tax - Exempt oTtrga +ge Revenue Financing e Residential rrllult3ple- fa1�t�Yy' d�'e1lil�gsl: AMOLIrit Paid with Application anon - refundable . )* 3,261) 3 25313 3 Base Charge f.% of bond Issue) 1 a 1 Zi6 . % I "Ja #n7UM (MI addition to application feed 20.600 28.600 23,600 Tai Application Fee (non- refundable) -;1,90 6 6,760 Lax Abatement Flndncing: Application gee 6,490 6 6,700 *trio application fee on refinancing bends. Set by ord=nance adopted 3 -26 -9 Set by ; ou ck on 9- 23-96 Set by ordinance adopted 12 -17 -01 Per contract v�1)i Animal Conti 5. Increase in Community Development Service Charges Approved the first reading of the ordinance to increase Community Development services charges effective January 1, 2007. 6. Transfers for Unassessed Improvements Authorized a $114,920 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2003 Sewer Revenue Bonds and a $33,460 transfer from the Water Availability Charge Fund - St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds and the appropriate budget changes. City Council Meeting November 13, 2006 12 7 0 0 ift 11 MA Recreation Program Grants Accepted grant monies from the Maplewood /Oakdale Lions Club ($500) and the Minnesota Recreation and Parks foundation ($800) for a new program entitled "Walk to New York ". Authorization to Purchase ArcIMS Software and Server Authorized the purchase of the ArcIMS server and software to expand GIS capabilities for both City staff and Maplewood citizens. Conditional Use Permit Review — Schmelz Countryside East) Approved a conditional use permit for the expansion facility and sales /storage located at Countryside Mot approved to review conditional use permit again if a expansion or change is proposed. Conditional Use Permit Review — Saint Paul Business C Sloan Place) Approved the conditional use permit for the St. Paul B again in one year (November 2007) to ensure complia conditions of approval. Conditional Use Permit Review — Venbu Approved to review the conditional problem arises or if the applicants Conditional Use Permit Review — County Road D) Approved to review the conditional PU'D in one near. Award Contract for 2006 -2007 Winter Sand 180 Highway 36 onconforming automobile repair ;aced at 1180 Highway 36 East, and m arises in the near future or an East (1983 - Center East all city U►TM - , ..�.�p1'ir•il change to the site. again only if a Ponds Townhomes (Chisholm Court, south of for the Woodlynn Ponds Townhomes orized the Director of Public Works to purchase up to 3,000 tons of winter sand up to a mum of $26,220 for the 2006 -7 winter seasons from Aggregate Industries. 14. Hazelwood Street Improvements from Beam to County Road D, City Project 03 -39, Resolution Approving Change Order No. 1 Adopted the following resolution directing the modification of the existing construction contract, Change Order No. 1 for the Hazelwood Street Improvements from Beam Avenue to County Road D, City Project 03 -39: RESOLUTION 06 -11 -136 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03 -39, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03 -39, Hazelwood Avenue Street Improvements from Beam to County Road D, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that City Council Meeting November 13, 2006 13 said contract be modified and designated as Improvement Project 03 -39, Change Order No. 1, as an increase to said contract by an amount of $6,863.72 such that the new contract amount is now and hereby established as $945,821.68. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $6,683.72. The revised contract amount is $945,821.68. 15. County Road D Improvements, west of Highway 61, City Project 0 -08, Resolution Approving Change Orders 26 -28 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 26 and 28 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -28: RESOLUTION 06 -11` -137 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER Nos. 6 -28 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order No. 26- 28, (T.A. Schifsky Contract), as an increase to said contract by an amount of $24,733.16 such that the new contract amount is now and hereby established as $999,155.38. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 26 -28 as a contract increase in the amount of $24,733.16. The revised contract amount is $999,155.38 and, The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $3,702,707.00 shall be established. The proposed financing plan is as follows: Proposed Financing Sources Mn /Dot $ 532,510.00 EUF $ 18,000.00 Troutland $ 10,000.00 Ramsey County $ 690,582.00 Vadnais Heights $ 304,908.00 SPRWS $ 33,378.00 Developer $ 45,000.00 Interest on Investments $ - 2006 Bonding $ 468,544.00 Special Assessments $ 1,077,964.00 Bond Sales $ 521,821.00 TOTAL $ 3,702,707.00 City Council Meeting November 13, 2006 14 16. Hill- Murray Athletic Facility Addition, City Project 06 -13, Approval of Storm Water Best Management Practices Agreement Approved the Storm Water Maintenance Agreement between the Hill Murray Foundation, Inc. and the City of Maplewood. 17. Desoto- Skillman Area Improvements, City Project 06 -16, Authorization to Award Contract for Soil Borings and Geotechnical Evaluation Services Authorized a contract with Braun Intertec for soil borings and a geotechnical evaluation for the Desoto- Skillman Area Street Improvement Feasibility Study in the amount of $10,445. 18. Kenwood Area Street Improvements, City Project 05 -16, Resolution for Modification of Project Budget Adopted the following resolution directing the modification of the project budget for the Kenwood Area Neighborhood Street Improvements, City Project 05 -16: RESOLUTION 06 -11 -138 DIRECTING MODIFICATION OF PROJECT BUDGET WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -16, Kenwood Area Neighborhood Improvements, and WHEREAS, it is now necessary and expedient that the project budget be modified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $5,573,230.00 shall be established. The revised financing plan is as follows: Sources Tax Levy SPRUS WAC Investment Inter RWMWD EUF TOTAL $ 2,623,710.00 $ 1,454,620.00 $ 567,900.00 $ 356,100.00 $ 83,850.00 $60,000.00 $92,700.00 $ 334,350.00 $ 5,573,230.00 19. Public Works Building Addition, City Project 03 -19, Authorization to Pay for Office Equipment and Budget Adjustment Approved a payment of $13,403.93 to Intereum, Inc for furnishings for the Public Works Building Addition and that approval be given for the Finance Department to make the appropriate budget adjustment to transfer funds from the Fleet Management Fund to the Public Works Building Addition fund. City Council Meeting November 13, 2006 15 20. Gladstone North Area Street Improvements, City Project 04 -15, Resolution Approving Change Order No. 4 Adopted the following resolution directing the modification of the Existing Construction Contract for the Gladstone North Area Street Improvements, City Project 04 -15. RESOLUTION 06 -11 -139 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04 -15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04 -15, Gladstone North Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04 -15 Change Order No. 4 as an increase to said contract by an amount of $11,742.17, such that the new contract amount is now and hereby established as $1,806,977.72. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 4 as a contract increase in the amount of $11,742.17. The revised contract amount is $1,806,977.72. No revisions to the project within the original project budget. 21. Group Insura at this time, as these changes fall Concurred with the following Insurance Labor- Management Committee Group Insurance Contract recommendations: Health Insurance: Move to Medica from Blue Cross Dental Insurance: Move to Assurant from MetLife Long -term and Short -term Disability: No Change Life Insurance: Retain Minnesota Life at a Lower Rate J. 1. Sanitary Sewer Pipe Television Inspection Equipment a. Public Works Director Ahl presented the report. b. The following persons were heard: Nels Gebben, 2638 Geranium Avenue East, St. Paul John Grove, CUES Inc. Councilmember Juenemann moved to award the bid of $127,441, plus sales tax, license and transfer fees, to Flexible Pipe Tool Company for their Aries televising equipment. Seconded by Councilmember Hjelle Ayes- Councilmembers Cave, Hjelle and Juenemann Nay -Mayor Longrie City Council Meeting November 13, 2006 16 Councilmember Hjelle moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Cave 2. Outfield Fence Replacement Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nay - Councilmember Juenemann a. Parks and Recreation Director Anderson presented the report. Councilmember Juenemann moved to authorize the award of bid of of park development fund. Seconded by Councilmember Cave Ayes -All 3. Maplewood Community Center Liquor Provider a. Parks and Recreation Director Anderson presented the report. Councilmember Cave moved to select Prom Caterina as the sole liauc 1tTTffai ;R.I#miil;-Ely /F17 - T • * 911111d0 =_ Seconded by Councilmember Juenemann UNFINISHED BUSINESS 1. Adoption of Electric Franchise Tax Rates for 2007 Xcel Energy Service Area a. Interim City M b. Collette Jurek, C. The following i r Copeland presented the nting Xcel Energy, addressed council questions. were heard: William O'Brien, 2018 Furness Court, Maplewood Theresa Manzella, 1741 Atlantic Street, Maplewood John Ogres, 2870 Arcade Street, Maplewood Mary Boyd, 2600 Montana `Avenue East, Maplewood Edward Kivel, 1880 Mary Knoll Avenue, Maplewood Lynda Taklo, 2770 Keller Parkway, Maplewood Bernard Kennedy, 2532 Stillwater Road, Maplewood Aileen Fritsch, 812 N. McKnight Road, Maplewood William Robbins, 2277 Stillwater Road, Maplewood Elizabeth Olson, 2129 McMenemy Road, Maplewood John Nephew, 628 E. County Road B, Maplewood Collette Jurek, second appearance John Gores, second appearance Collette Jurek, third appearance Terry Blomgren, 1225 Ferndale, Maplewood Karen W. 344 Summer Lane, Maplewood Brian Bauman, The Rock Nightclub, 2029 Woodlyn Avenue, Maplewood William Robins, second appearance Gene Lefto, 1762 Barclay Street, Maplewood Peggy Peterson, 2522 Adele Street, Maplewood Mindy Macrunnel, 1890 Adele Street, Maplewood City Council Meeting November 13, 2006 17 Mayor Longrie moved to table the adoption of the Electric Franchise Tax raise pending staff negotiations with Xcel for a proportionate tax rate consistent with the discussions of the evening, with negotiations to begin the week of November 20, 2006. Seconded by Councilmember Hjelle Ayes -All L. NEW BUSINESS 1. Century Avenue Improvements (1 -94 to Lake Road), City Project County Review of Project Details a. Public Works Director AN presented the report. b. Dan Soler, Ramsey County Traffic Engineer, provided co update on the reconstruction project. No action required or taken. 2. First Reading of Ordinance Adopting an E Service Area a. City Attorney Kantrud provided the report. msey an the No. St. Paul Utilities Councilmember Juenemann moved to approve the first Seconded by Cc 3. Approve New As a. Public W, Councilmember outlined in the M Motion died for I Councilmember assessment rate er Hjelle essent Rates for Director AN pres kofa the Electric Franchise Tax in the 2007 assessment rates emann m`oyeo to adopt the tollowing resolution agog lined in the Maplewood Pavement Management Poli mprovement Projects i the report. )t a resolution adoptin RESOLUTION 06 -11 -140 ADOPTION OF THE 2007 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2007 construction season, and WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: City Council Meeting November 13, 2006 18 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2007 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate /75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 1. Complete Street Reconstruction: 2. Partial Reconstruction /Unit: 3. Bituminous Surface Replacement /Unit: 4. Mill & Overlay /Unit: Other Improvement Rates 5. Storm drainagelunit: 6. Cash connect charge - water: 7. Water service w /new main construction: 8. Water service w /tap to existing main: 9. Cash connect charge - sewer: 10. Sewer service w /new main construction 11. Sewer service w /tap to existing main: Seconded by Councilmember Hjelle 4. Selection of Firm to Coordinate the City a. Manager Copeland 2007 $4960 $3700 $ 820 $2970 $1130 970 130 120 Ayes - Councilmembers Cave, Hjelle and Juenemann Nay -Mayor Longrie er Hirinq Process the report. Councilmember Hjelle moved under Section 2-101 of the Maplewood City Code, appoint and hire Mr. Copland as the permanent Maplewood City Manager, with 1 year probation, starting tomorrow, at a yearly salary of $85,000 including benefits currently given. The council will give Mr. Copeland a mid -vear iob performance review no later than June 1. 2007. A salary review Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave, and Hjelle Nays- Councilmember Juenemann M. COUNCIL PRESENTATIONS 1. Conservation Easements Mayor Longrie attended a recent presentation on conservation easements and made a contact with the Minnesota Land Trust which could prove very positive for Maplewood. City Council Meeting November 13, 2006 19 2. Mayor's Forum The well attended Mayor's Forum is held the first Saturday of every month and always includes lively conversation about various topics. 3. Representative Betty McCollum Mayor Longrie met with Betty McCollum regarding the Mississippi Area Initiatives. Representative McCallum indicated she would welcome being contacted by council for assistance with study information or possible funding. ADMINISTRATIVE PRESENTATIONS City Manager Copeland thanked council for their vote Manager. Councilmember Juenemann's Comment Councilmember Juenemann requested the record reflect that she behind selective management salaries being published in an artic stated "the people who hold the positions in the article have given their best effort to run the city as best they can" and she did not al officials she felt were publicly humiliating to those individuals. iring him as the City did not understand the reasoning e in the last city news letter. She the city many years and hours of ipreciate the comments from elected Mayor Longrie moved to adjourn the meeting at 2:1 City Council Meeting November 13, 2006 20 Ei�E� TO: City Council From: Greg Copeland, City Manager Date: 11122/2006 Re: Environmental and Natural Resources Commission Vacancies Fourteen Maplewood residents have applied to serve on the Environmental and Natural Resources Commission as of November 6. 2006 when notices were sent to all applicants that the City Council would be holding interviews. Since that date one applicant has moved from Maplewood and three applicants have withdrawn their applications. The applicant names and interview times are as follows: Toni Moibi 5:00 *James Beardsley 5:15 John Mason 5:30 Allen Moore 5:45 John Sticha 6:00 *Carol Sherrill 6:15 *Dale Trippler 6:30 Carole Lynne 6:45 Ginny Yingling Not able to attend * Former Environmental Committee Member The Ordinance creating this Commission was adopted on September 11, 2006 and provides for a seven member commission with three year terms for each Commissioner. The Commission shall elect their own chair and vice-chair at their first meeting, November 6, 2006 Dale Trippler 1201 Junction Ave. Maplewood, MN 55109 Dear Dale Trippler: Thank you for your application seeking appointment to the Maplewood Environmental and Natural Resources Commission. The Mayor and City Council will be holding interviews with all candidates for this citizens advisory commission beginning at 5:45 pm, on November 13, 2006. The City Council plans on making appointments at its regular meeting November 13, 2006 at 7:00 pro. Thank you for your interest in serving the City of Maplewood. Please call my office at 651-249-2051 to confirm your attendance for the interview on November 13, 2006 at 5:45 pm. Sincerely, Greg Copeland City Manager TO: Environmental and Natural Resources Commission Interviews Candidates FROM: Greg Copeland City Manager RE: Environmental and Natural Resources Commission Interviews DATE : November 7, 2006 The interviews scheduled for November 13, 2006 have been moved to November 27, 2006 at 5:45 pm. The change was made to ensure that the entire City Council is present for your interview. Please contact this office at 651-249-2051 to confirm that you will be attending the interview. PUIIVIVM � �� DMSION 6. E NVIRONWNTAL AND NATURAL RESOURCES CONMSSION S 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) Sec. 2-2xx. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25 -18) 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. 2.2m Composition; appointment; qualifications; terms (a) The environmental and natural resou rces 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. 2-2m Chairperson and vice-chairperson. The environmental and natural res ources 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. Wthe 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) s ec . 2.2m Vacancies. (a) Any of the following may cause the office Of an environmental and natural resources co mmissioner 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 f 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 open to the public. (Code 1982, § 25-22) Sec. 2-2xx. Duties and responsibilities. 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 C 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 th 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. Vj (5) Pro-actively promo 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) Sp environmental p to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (9) 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 c ity policies and procedures. (Code 1982, § 25-23) See. 2-2xx. C om pensation; 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. Sec, 2-2xx. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources c ommission 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 o f 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 o f th commission. (Code 1982, § 25-25) See. 2-Zxx. Duties o f city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resourc 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) ia This. — ordinance shall b effective on October 1 —200 Passed thg—c—it r Council of t City of jp , M l this _jj� �I y-- 29-06—. Diana Long j je, Mayor ATTEST: Karen Guilfoile, City Clerk C - v .- D RE Li t - — CITY OF MAPLEWOOD BOARDS AND COMMISSIONS I APPLICANT INFORMATION FORM NAME 1- ADDRESS " � PHONE NO. work- Home DATE 03 How l onn h aNr 3 yo u lived in the City of Maplewood? . tmen t s ma tte regular attendance at meetings difficult? Yes No 1N— 2) will other comnu Comments'. 3) On wl-&lj Board or ConirnissiOn are interested in serving? (please check) Community Design Review Board p & Recreation Conui'ussion Housing & Redevelopment Authority planning ComfnissiOn Police Civil Service Com Human Relations Commission n-lissi011 Favironmental Committee Hi stor i c p Cogunission -lission's scope of responsibilities? 4) D spec o you have ific areas o f i nteres t within this Board's or comn 5) List other organizations or clubs in the CoinmunitY in which you have been or are an active participant: �4- s' sc;c". � tllre;l10+.- At, \,t6kg. e why would you lilte to se On this Board or Con mission? Q ?lf ac--\5 61 6) C;tj 6� lv\�\ -,I:- M 'V�� , e "�e" ' w ��Amtl � -kzxua AITIaItL Come THE INFORMATION CONTAINED IN THIS APPLICATION SHALL. BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS� R or mail this application to'- Ci of M IB30 County R s East, Maplewood, MN 55109 L13115:04 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME 71 P,-kD 516' a X ADDRESS PHONE NO. Work: Home: DATE 1) How long have you lived in the City o f Maplewood? 3j-- �_ tL � at me etings difficult7 Yes No —Y ? commitments make regular attendance Will other r Comments: 3) On which Board or c are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission Environmental & Natural Resources Historic Preservation Commission C specific areas of interest within this Board's or Commission's scope of responsibi I i Lies? 4) Do you have any lj�j ellylv-ol., 11 -� --p P\_ e A JLJ_ (L 0, a��, l,' R _ V 0 (1 f-1 1,7J io, C,; List other organizations or clubs in the Community i N% ,hich you have been or are an t active participant: , ,I kvi OIL (L Ro � e. 5 oct e -� jail O)Tuol v I I, 6) Why would you like to serve on this Board or Commission) "�e cl L;i arid - k 1 1 IL 11 C-4 11 (L3 t Li"L L ' pee" LI'S 5b 6, e, - to C•0 to jV 13)11 - ADDITIONAL COMMENTS: b 0 t) I C,V ro- , V t, 1 ct - rIN11 - �C) C 4=0 j� . THE I NFOM.ATJON CONTINED IN MRS THIS APPLICATION SHALL BE' cLASSIFIEDAS PUBLIC EXCEPT FOR 110,11VAND WORK TELEPHONE A NUAI-Roun vrwtdt,1jiA0PP,0,, 10: Cjjj j$J0C Eall, AlOP10y"aft, , INS$) 09 oirternx PC-CrSIVED SEP 2 2 70 City of map1myood OCT 6 2005- CITY O�F MAPLEWOOD. BOAR NOMM10NF S APPLIC NFORMAT ORM ADDRE SS Home DATl . le) PRONE Na- Work-. long have YOU lived is ' the City o f Maplewood? No 1) How difficult? Yes 27 Will other conmldtments make make rea regular a tt en dance at meetings Comments: are interested in serving? (p lease chee"* n whi Board or C p & Recreation Commission 3) c Design Review Board planning Commission H & Redevelopment Authority P Civil Service commission 14uman Relations C B p Commission Environmental & Natural Resourc Comr6ssion . sjon Scope o f responsibilities? S p e cific areas of Interest wit this Board's or Com 4) Do Ou have a �� 'T/ � e•! n which you have been or are an a ctive P articipant: organizations or clubs in the commun ity 5) List other Organ 1-1641 Z— - n is card or woul like serv 0 Co cc) 6) y NVO -70 4 1/w y V 1 AD �./ ,1p '' 1x ` ' 0 D =JONAL6=m /e - 7Z ) Fv AS p UBLjC EXCEP T FOR HOME AND CATjON Sy ALL BE CLASSWATD AfN 55109 FORM Tj C0ATjflVED.Vv THTS APPLI �,tm TErX f 0pjE ArMIBER&Raum #.t011113au3s ,k id Art, � �.��`' � i STS' -� C. - aJ 1c, P ,41 l oeO4 Y-0 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ,ADDRESS ;2 DATE PHONE NO. Work 0 ye 4 1) 1-1 long have YOU lived in the City of Maplewood? I f 2) Will other commitments make r attendance at meetings difficult? Yes No Comments: 3) On wiliell Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission police Civil Service Commission Environmental & Natural Resources Historic Preservation Commission V 4) Do you have any specific areas o f i n t eres t within this Board's or commission's scope of responsibilities? '- e E> 0 0 /Y? F / V 6- C �- r /C "a 15 h — 7 C 1-9 ": - M eer 5 11 e 6 ,0 C , 0, 0 T S 5) List other organizations or clubs in the Community in Nvilich you have been or a all active P rticiPa"t 6) Wily would you like to serve on this Board or Commission? Y r- 5 ADDITIONAL COMMENTS; LjCj TjOj'V SHALL BE CL�ISSjr.IED AS r;iy R pUJILIC EXCEPT FOR d, AM 51, HOAJE AND THE mr. OR MATION CON TNAE IN TH 11PP to: Ci o f 1930 C 11 East Aloptoroo 579 11,01af TELEPHONE NO MBERS.Rdarn or inall this om OPIUM 1,;EP 2 9 2006 NAME ADDRESS OM I � - 7 - 9 Nfli �V PHONE NO. worR - Home: DATE f /-� 3/0 ( 1) H l ong h you lived in the City of Maplewood? e4l 2) Will o th e r commitments make regular attendance at meetings difficult? Yes No Comments: 3) On which Board or Commission are interested i ser ving? (please check) commission ><� Community Design Review Board Park & Recreation Housing & R Authority Planning Commission Police Civil Service Commission Human Relations Commission Hi Preservation Commission Environmental Committee b' th' Board's or Commis ton's scope of res i ponsib s ilitic 4) Do you have ally specific areas of interes� within � - V %,,,z - r ,%;, fee ti lh� j /i tc,�4,1� ^ A/ 4( 'AP be- It r clubs in th,--,CCo7muni x li you have been or are an active participant: 5) List o ther organizati . t in wi Wce to serve on this Board or Commission? 6) Why would you 444 - 1 / �� . 11,e 6-ve ,7 c thc- A� 17,V,;lZe tt qc 117e, 71 y 7 , ADDITIONAL COMMENTS: r THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this aPPllcatinn to ' Cit of &laplewood"030 county Road 13 eas"aple"Vood, MN SSID9 VVIVM CITY OF MAPLEWOOD BOARDS AND COMMISSION APPLICANT INFORMATION FORM X11( � � !; -Ii� g I. Cv..bliln Arlt;:- SEP 2 7 2006 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ADDRESS PHONE NO. Work 1. Home: U 1) How long have you lived in the City of Maplewood? ) Yes No LI/ 2) Will other commitments make re gular attendance at meetings difficult? Comments: 3) On which Board or Commission are interested in serving? (please check) Recreation Commission Community Design Review Board Park &, Housing & Redevelopment Authority Planning Commission Police Civil Service Commission Human Relations Commission Environmental ,Sc Natural Resources Historic Preservation Commission Commission f interest within this Board's or Commission's scope of responsibilities? 4) Do you have any specific areas o I k" r 0— hav e been or are an ac tive participant: 5) L 1 t of er organizations or clubs in the Community in which yo u . 0 6) Why would you like to serve on this Board or Commission? ADDITIONAL COMMENTS: C F. O R H 0 IVIE A ND THE-IN O&VATION CONTAINED IN THIS APPLICATION SHALL BE CL�JSSIFIFD AS PUBLIC EXCEPT IyORK TELEPHONE NUMBERS.Rclum orril(Til thisoppli to. Ci I�A& as IL SEP 2 5 1. 1 CITY OF MAPLEWOOD .aijd BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME e) C) ADDRESS DATE PHONE NO. Work: Home, 1) H long have you lived in the City of Maplewood? # Yes No 2) Will other comm itments make regular attendance at meetings difficult? C 3) On which Board or C are interested in ser C Design Review Board H & Redevelopment Authority Human Relations Commission Environmental & Natural Resources Commission 4) 5) 6) v ing? (please check) Park & Recreation Commission Planning Commission p Ci Service commission Historic Preservation Commission --r or Commission's scope o f responsibilities? Do you have any specific areas o f i n t eres t within this Board's r Y q , C tit r List other organizations or clubs in the Comm unity in which you have been or are an active participant: - r 1 6 jj G( U Wh would you lil t s erve on this Board or Commission? '41 lc� ADDMONAL COMMENTS: C V r i ti-e vi-i be r— 1 i 4 < n V 1 r 0 L-c-tv, 1. , THE, THIS �jppLIC SIMLL BE CLjSSIfjGDAS PUBLIC EXCEPT FOR HO d. AlIV551 INF . ORA ,,,jTjON CONTAINED IN o rmaplell-004 1830 co"111) Road D East. Alaplmrno WORD TEL CPHONE NU&IBERS.Aclon or innil 111k twfiratior 10 ' Q) 031IRT04 &, commusl=, CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ADDRESS Rt�CC- SEP 2 city of MaP191V0 A PHONE NO. Work: DAT _9 Home, How long have you lived in the City OF Maplewood? g Will other commitments make regular attendance at meetin 0 s difficult? Yes No Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Planning Commission Housing & Redevelopment Authority police civil Service Commission Human Relations Commission Historic Preservation Commission Environmental & Natural Resources Commission f interest within this Board's or Commission's scope of responsibilities? 4) Do y ou have any specific areas 0 � 1[mqA ir 6pi ci Jaen or are an active participant: in which you have 5) List other organizations or clubs in the Community GIVIC'14i,-,-W-11�—, fc 0 ull�— {) Why would you like to serve on this Board or Commission? ADDITIONAL COMMENTS: T CLASS1,F � AND HE JjV r- ORMA TION CONTAIN E IN THIS ,jppL ICA ION SI _ ,.,S pUBLIC E F OR HOME ON NVAIDERS D .Refary or 1110 11115 applicadall HILL BE to. 1830 County Road B Cost- MOPIC!"' WORK TH LEP11 oylptrm 3 2003 OF NiAPLEWOOD DAJE 0() r-1!cq t' o' How Iona b"We yoll lived in. tile City of Maplewood? )2 \Nvill Other col lunitynents make. reg ular Mectill'us difficult? Yes , w hi r l, B�j- 'a ad n ar inter it i 3) creatiutlCoza=�Ssi= t Wnmundv ;j w Pedevelap12ient AuihoriiV pv�la iulls �Cujlulu5slull X Do v t3Ci arxY Weri z a - - --us a thG zoud's or Covnmiu-iffl"S 5 =P , -" .,.L G�. t'}'`1 c.. i ^t� /l'? �c° �`'�� : 5��?,. l fJ � I''�°7�C, -!� c�C f'��s � ` '�lG7l� t.J 5) List other or-P-Mizltiuns Or cillbs, in the Comynimity in wbicb 3 1011 have been or (ly an *,ictive puticiptInt: TEAM&OAIVA 61-S thi Bnol-d nr Ct*s;".,)i'1r,�' 7 5crvc -zhi ff,5 Z�7 ADDITIONAL COIJIME1�4TS' — �t , e� S "'N-,� E:_ -- PUS L- CC FOR HOME A- W0. T- 0. Cauv.W 52Oad a NAME PHONE NO, WorIc Home: DATE A 1) I-l l ong h you lived in the City Of M 2) will other commitments make regular attendance a t meetings difficult? Yes No Comments: - 3) on which Board or Commission are interested in serving? (Please check) Community Design Review Board - Park & Recreation Commission - Housing & Redevelopment Authority - Planning Commission - Human Relations Commission p Ci S Commission E nv i ronmen t a l Committee Historic Preservation Co fission Do you have arty specific areas of interest within. within. titis Board's or CoEumission's scope of r esponsibilit i es? . 4) — 7 tv List other organizations or clubs in the Community in You have been or are an active P art icip an . t' 5) L "'I w 5L: on this Board or Corunlissi6n? 6) Wily would you like to serve 17't , �.7 ADDITIONAL COMMENTS: i - I - C.i THE jjVFj �IWATIOIV Cop47'AIWED 1AITHIS APPLICATION SHALL SE CLASSIFIED AS PUBLI EXCEpr Fop. iiomE .4xD bvoRr- TELEPHOME 14 uA-7sE&s- Return or mall this opplicallon tat CitY OfWoplewood, 1830 County Razid G East, j4japlevioud, rilN,55109 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPI ICANT INFORMAT ION FORM 0 C T 2 7 20 U 51 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NANIE t L,1 �N�l t-� G L I ADDRESS PHONE NO. Work; DATE -1 DILS ID 1) How long have You lived in the City of Maplewood? 2) 3) On which Board or Commission are interested in ser Community Design Review Board Housing Redevelopment Authority Human Relations Commission Environmental & Natural Resources Commission ving? (please check) Park & Recreation Commission Planning Commission Police Civil Service Commission Historic Preservation Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? —Zlc rn r � 'w\ C j ; 'rt6'LLeA� 0-k , V 5) - t=rganizations or clubs in the Community in which you have been or are an active participant: L.. �.. 4... �2.i..ih.._ G.. �I t�t�..J..r- +�,.�;�..sC �.�.- � Q� G�..�,� t��`� "��i� - sL. �li�..��Gi.. �� x.c'�Q '"'�� V5 6) Why would you like to serve on this Board or Ninmission? ADDITIONAL COMMENTS: C TIM INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOAJFAND fl mail Ater applIrnfiolila: City ofilloplel rood, 1830 Count } Rood B rair, 111oplei rood, UN 33109 Will o th er comi-nitments make regular attendance at meetings difficult? Yes No coo-C& �c ��u c CJE L v\�� 6 mvk� NV4�"CA-� 6 \f - S, CJL alp U3&AS�- 6 VkCS. 0 Agenda Item H 1 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: November 21, 2006 RE: Liquor License Fee Increases and Code Revision Introduction As required by State Statute all liquor license holders have been notified of the public hearing being held for the purpose of proposing increases in liquor license fees. Council has approved various revisions to the Maplewood City Code of Ordinances pertaining to liquor licenses. One change was classifying licenses in the following three categories: Class A — licensed establishments are required to maintain at least 60% annual gross sales in non - liquor related items. Class B — licensed establishments are required to maintain at least 30% to 59% annual gross sales in non- liquor related items. Class C — licensed establishments are exempt from the percentage of gross sales in non - liquor related items but must meet requirements established by State law in Sunday sales. Staff is requesting a minor change in the ordinance that would exempt establishments from maintaining a percentage of gross sales in non - liquor related items if the establishment has occupancy limit of 150 or less as follows: Sec. 6 -117. Persons eligible for issuance of licenses. (b) The city has the following types of intoxicating liquor licenses: Class A — required to maintain at least 60% annual gross sales in non - liquor related items. Class B — required to maintain at least 30% - 59% annual gross sales in non- liquor related items. Class C — establishments are exempt from the percentage of gross sales in non - liquor related sales but must meet State Statute requirement for Sunday sales. Exemption to these requirements are establishments of occupancy limits of 150 or less. These establishment will be licensed as Class A for license fee purposes. (Attached is a list of the occupancy limits of our current license holders.) In conjunction with the changes, staff is proposing revisions to the current license fees as follows: Consideration Staff is requesting approval of the above license fees for 2007 and the proposed change in Sec. 6 -117 (b) of the city code. If council approves the proposed language to the code, staff also requests that the requirement of the second reading of the change be waived as is permitted by Section 10 -13 of the Council Policy and Procedure Manual for City Council Meetings. Current Proposed 2006 Fee Fee On -sale intoxicating liquor: Occupancy 275 or less 6,995 Occupancy 275 and more 7,324 On -sale intoxicating liquor: Class A 0 7,000 Class B 0 8,500 Class C 0 11,000 On -sale 3.2 % malt liquor 200 500 Off -sale 3.2% malt liquor 58 350 Off -sale - Fee set by State 200 200 Wine- Seating up to 25 1,400 2,000 — Max set by State - each additional 10 seats 135 -0- Strong beer in conjunction with wine license -0- 500 Sunday liquor - Fee set by State 200 200 Bottle clubs - Fee set by State 300 300 Outside Service Area (Patio License) -0- 200 One Time Event (Was called Outside Event) 100 200 2:00 a.m. Closing Fee- Intoxicating Liquor 500 200 up to $100,000 (Proposed adoption of State Fees based on gross receipts) 500 over $100,000 600 over $500,000 2:00 a.m. Closing -3.2% Malt Liquor -0- 200 (Same as State fee) Local Catering License -0- 250 (State fee is $500) Consideration Staff is requesting approval of the above license fees for 2007 and the proposed change in Sec. 6 -117 (b) of the city code. If council approves the proposed language to the code, staff also requests that the requirement of the second reading of the change be waived as is permitted by Section 10 -13 of the Council Policy and Procedure Manual for City Council Meetings. License Holder Occupancy Limit 5 -8 Club 200 Acapulco 219 Applebee's 155 Best Westem 335 Bleechers 107 Broadway Pizza 260 Buffalo Wild Wings 270 Chalet Tavem 85 Champs 384 Chili's 174 Chipotle 99 Dean's 148 Garrity's 200 Goodrich Golf 109 Guldens 390 Huey's Saloon 110 Keller Golf 0 Maplewood Bowl 475 MCC-Suzanne's 350 Myth Nightclub 4400 Noodles 86 Olive Garden 308 Outback Steak House 340 Red Lobster 250 Stargate Nightclub 700 The Bird Nightclub 299 The Rock 464 TGI Fridays 302 Agenda Item H2 REPORT SUMMARY Site Address: Zoning: Land Use: City Council Hearing Date: 60 -Day Deadline: Alfredo Frias, General Manager Boca Chica Taco House 1706 White Bear Avenue Mixed Use Mixed Use November 27, 2006 November 27, 2006 Project Description: Alfredo Frias, general manager of the Boca Chica Taco House at 1706 White Bear Avenue, is requesting a variance in order to retain both freestanding signs on the property. The new freestanding sign (monument sign — 6 feet in height) was constructed earlier this year on the condition that the old sign (pylon sign — 25 feet in height) would be removed or that Mr. Frias obtain a variance from the city to keep both signs. Requests: Mr. Frias is requesting a variance from the sign code in order to have two freestanding signs on a property where only one freestanding sign is permitted. Recommendations: On October 24, 2006, the community design review board recommended denial of the variance by a vote of 4 to 1. Staff also recommends denial of variance based on the fact that there is no true hardship to warrant the variance. MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner APPLICANT: Alfredo Frias, General Manager SUBJECT: Boca Chica Taco House Sign Variance LOCATION: 1706 White Bear Avenue DATE: November 17, 2006 for the Nov. 27 City Council Meeting INTRODUCTION Alfredo Frias, general manager of the Boca Chica Taco House at 1706 White Bear Avenue, is requesting a variance in order to retain both freestanding signs on the property. The new freestanding sign (monument sign — 6 feet in height) was constructed earlier this year on the condition that the old sign (pylon sign — 25 feet in height) would be removed or that Mr. Frias obtain a variance from the city to keep both signs. Request Mr. Frias is requesting a variance from the sign code in order to have two freestanding signs on a property where only one freestanding sign is permitted. Background Summer 2002: The existing Burger King building at 1706 White Bear Avenue was remodeled into the Boca Chica Taco House. September 23, 2002: The city council adopted the Hillcrest Village Redevelopment Plan dated March 15, 2002, and the Hillcrest Village Urban Design Standards dated April, 2002. The plan and design standards were based on the Metropolitan Council's smart - growth development principles, which are designed to help guide changes in an area to create a village center with an active street life that mixes shops, workplaces, housing, passive recreation and civic uses. (Refer to the concept plan attached separately.) February 23, 2004: The city council adopted the mixed -use zoning district. The purpose of this zoning district is to provide areas in the city with a mixture of land uses, made mutually compatible through land use controls and high - quality design standards. February 23, 2004: The city council rezoned areas in the Hillcrest neighborhood (including 1706 White Bear Avenue) from business commercial and single - dwelling residential, to the new mixed -use zoning district. (Refer to the zoning map attached separately.) November 2005: The city issued Mr. Frias a freestanding sign permit which allowed the construction of a monument sign along White Bear Avenue (Attachment 3). The city issued the sign permit on the condition that the existing pylon sign be removed within 30 days of completion of the new monument sign, unless a variance was obtained to keep two freestanding signs. Approximately May 2006: The monument sign was complete. September 2006: Mr. Frias submitted a variance application to the city in order to retain both freestanding signs. DISCUSSION Mixed Use Sign Code The sign code for the mixed use zoning district allows one freestanding sign for each establishment if the building is setback at least 20 feet or more from the front property line. Freestanding signs must meet the following requirements: 1. Limited to six feet in height and 40 square feet in area. 2. Maintain a five -foot setback from any side or rear property line, but can be constructed up to the front property line. 3. Must consist of a base constructed of materials and design features similar to those of the front facade of the building or development. 4. Must be landscaped with flowers or shrubbery. Any pre - existing conforming or nonconforming sign that would become nonconforming by adoption of the mixed use zoning district would be allowed to remain until such time as the sign is destroyed or removed. In addition, the sign may be refaced to the existing size, but may not be expanded without a variance. Boca Chica Signs Boca Chica had two signs prior to the monument sign, one wall sign and one 25 -foot- high pylon sign (Attachments 6 and 7). The pylon sign became a legal nonconforming sign due to its size and setback once the property was rezoned from business commercial to mixed use. Last year Mr. Frias expressed concern to staff that the existing "Garrity's /Subway" pylon sign located at 1698 White Bear Avenue (the property to the south of the Boca Chica) blocked the visibility of the Boca Chica's pylon sign from the north bound traffic on White Bear Avenue. For this reason Mr. Frias proposed the monument sign (Attachment 5) which could be constructed up to the property line, as allowed by the mixed use sign code. He felt that this sign, even though it was not as tall as the pylon sign, would be more visible for traffic going northbound on White Bear Avenue due to its location closer to the road. Mr. Frias proposed relocating the existing pylon sign from this property to his Boca Chica restaurant in St. Paul. City staff issued the sign permit for the monument sign on the condition that the existing pylon sign be removed within 30 days of completion of the monument sign, or that a variance be obtained from the city to keep both signs. The monument sign was complete in approximately May of 2006. The pylon sign was not removed within 30 days of this date so city staff contacted Mr. Frias requesting the removal of the sign or the submittal of a variance request to retain both signs. 2 Mr. Frias has chosen to apply for a variance in order to retain the second freestanding sign. He states in his variance statement (Attachment 1) that he would like to keep the two signs until the Garrity's /Subway pylon sign is removed allowing better visibility of his property. The owners of the Garrity's /Subway property have submitted a community design review board application to the city requesting review of their proposed remodel and sign plan update. This item was submitted to the board two weeks ago, but will not be formally heard by the board until November. In their submittal they propose to reface the existing Garrity's /Subway pylon sign (Attachment 8). The sign will have the same square footage and be in the same location as the existing sign; however, the sign will be enhanced with brick and EIFS and the width will be reduced which may create better visibility of the Boca Chica property. Regardless, the Garrity's /Subway pylon sign as it currently exists or as it is proposed does not block the visibility of the new monument sign, only the existing pylon sign. EFT VMZ& - State statute requires cities to base the approval of a variance on the determination of a hardship. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Staff finds that granting a variance to allow two freestanding signs on the Boca Chica property does not meet the hardship requirements. The property can still be put to a reasonable use with just one freestanding sign. The existence of the large Garrity's /Subway pylon sign which Mr. Frias feels blocks visibility to his property is unique to the property; however, the new Boca Chica monument sign is not blocked by the Garrity's /Subway sign and the sign is proposed to be enhanced and refaced which should increase visibility to the Boca Chica property. COMMITTEE ACTIONS On October 24, 2006, the community design review board recommended denial of the variance by a vote of 4 to 0 (Attachment 9). RECOMMENDATION Staff recommends denial of the request by Alfredo Frias for a variance from the sign code in order to have two freestanding signs on the Boca Chica Taco House property located at 1706 White Bear Avenue. The city is denying the variance for the following reasons: 3 The property can still be put to a reasonable use with just one freestanding sign. 2. The existence of the large Garrity's /Subway pylon sign located at 1698 White Bear Avenue will soon be enhanced and refaced, which should increase visibility to the Boca Chica property. 3. The Boca Chica monument sign is not blocked by the Garrity's /Subway sign. P:sec14lboca chica Attachments: 1. Variance Statement 2. Location Map 3. Site Plan 4. Monument Sign Permit 5. Boca Chica Monument Sign 6. Boca Chica Pylon Sign 7. Boca Chica Wall Sign 8. Garrity's /Subway Pylon Sign 9. October 24, 2006, Community Design Review Board Minutes 9 Attachment 1 September 15, 2006 To: Community Development Dept. From: Boca Chica Inc. Boca Chica's Taco House Maplewood Re: Zoning Code Variance Dear Director of Community Development, I am writing to apply for a variance concerning the existence of our two signs on the property of Boca Chica's Taco House Maplewood. Upon opening in 2002, we updated the existing sign and made it attractive with landscaping and stonework. We began hearing from customers that it was difficult to see the sign because it was set back so far from the street, Also, the signs at Subway and Garrity's Bar were obstructing the view. We got permission to build a new sign, closer to the street. We complied with the specifications concerning that sign is well, also being informed that we would have to apply for a variance in the future. Our request is for a variance or special agreement with the council to keep our two existing signs until Garrity's Bar and Subway remove theirs or put up more up-to- date signs that will allow ours to be seen as well. We have endeavored to make our property attractive and appealing to add to the aesthetic quality of that corner of Maplewood. We feel it is important to our business to keep these two signs in order to attract customers and remain in that location. Please consider my request. Thank you. Respectfully, Alfredo Frias General Manager, Boca Chica Inc. 'A 11 Concord Street St. Paul, MN 55107 01� 651.222-8499 Attachment 2 0 Ulf Attachment 3 - 44 441 I rld 04- In Monument Sign Pylon Sign. ........... (Hill Garrity's/Subway Sign 1706 White Bear Aven Ah Attachment 4 CITY OF MAPLEWOOD 4 1830 COUNTY ROAD B EAST MAPLEWOOD MN 55109 651.249.2300 Togethir life Cott FAX: 651.249.2319 Address PIN Permit Type Property Type Construction Type Activity Valuation 1706 WHITE BEAR AVE N 142922330014 Sign Permit Permit # : PL-05-00178 Date Issued: 1110212005 -. Z 0 1 1 1 1 ; I Sign- Boca Chica- One 24sf Eft high freestanding sign. Provide site plan at time of footing inspection. Provide engineering design information at time of inspection. City stamped plans required on site. Sign- Boca Chica- One 24sf Eft high freestanding sign. Existing freestanding sign must be removed within 30 days of completion of the new freestanding sign unless a variance is obtained to keep two freestanding signs by the city council. Variance must be applied for within 30 days after completion of sign. Planning- SF Owner RGT INVESTMENTS 14 SHALLOW LN ST PAUL, MN 55127-6456 ATTRACTA SIGN 14680 JAMES RD ROGERS, MN 55374 (763) 4286377 (763) 428-6377 I— MOP tr*.TIV AGREEMENT AND SWORN STATEMENT I agree that the work for which this permit is issued shall be performed according to: (1) the conditions of this permit; (2) the approved plans and specifications; (3) the applicable city approvals, ordinances and codes; and, (4) the state building code. This permit is for only the work described and does not grant permission for additional or related work that r eq u i r es separate permits. This permit will expire and become null and void if work is not started within 180 days, or if work is suspended or abandoned for a period of ISO days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the state building code, Applicant Date: FEES Freestanding Sign Permit Fee 53.00 TOTAL 53.00 0 1 a # 1 0 Attachment 5 Monument Sis #2 Attachment 6 c� O N FORMED CLEAR FACES TH EMBOSED COPY ICA CHICAS — MANGO VINYL CO HOUSE — 230 -33 RED LCKGROUND — 2655 —C LAVENDER L COPY 2ND SURFACE WINET — 2655 -C TWO ROWS OF CLEAR TED NEON J*N FORMED FACES NOT EMBOSED RIVE THRU — MANGO VINYL LACK OUTLINE ACKGROUND — 2655 —C ABINET— 2655 —C EADER BOARD INCLUDES ADM BLACK CC) LETTER COMMERCIAL. FONT ND 18' CHANGER POLE JEW ALUMINUM POLE WRAP AINT PMS 3 2655 —C `.XISTING `7' X 16" I —BEAM Pylon Siyf-. Attachment 7 14' 1ILLUMINASTED LETTER DISPLAY SCALE 1/2" = T-G" RETURNS: BRONZE FACES: WHITE ACRYLIC WITH KUMQUATE VINYL OVERLAY TRIM CAP: BRONZE NEON. 6500 WHITE RACEWAY' MATCH TERRA COTTA ROOF TILES MINE Aftachment 8 IcW%&M pREFINISHED METAL TRIM ILLUMINATED (BACK. -LIT) METAL CABINET SIG44 w1REMOVABLE ACRYLIC PANELS LINE OF EXISTING SIGN BRICK CAST STONE GAF' ARCHITECTURAL FACE CONCRETE S}LOCK 1 1 IN ' ' U 1EN I 1 N Attachment 9 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 24, 2006 a. Boca Chica Taco House Sign Variance Request — 1706 White Bear Avenue (Hillcrest Village Redevelopment Area) Ms. Finwall said Alfredo Frias, general manager of the Boca Chica Taco House at 1706 White Bear Avenue, is requesting a variance in order to retain both freestanding signs on the property. The new freestanding sign (monument sign — 6 feet in height) was constructed earlier this year on the condition that the old sign (pylon sign — 25 feet in height) would be removed or that Mr. Frias obtain a variance from the city to keep both signs. Mr. Frias is requesting a variance from the sign code in order to have two freestanding signs on a property where only one freestanding sign is permitted. Staff recommends denial of the request for a variance to have freestanding signs on the Boca Chica Taco House property located at 1706 White Bear Avenue. Board member Schurke asked if there were sign standards addressed as part of the plan developed by Calthorpe? Ms. Finwall said not in the urban planning guide but it is addressed in the new mixed use ordinance and in the sign ordinance. Board member Ledvina asked what the distance was between the Garrity's sign and the new monument sign for Boca Chica Taco House? Ms. Finwall said she didn't know the exact measurement between the two signs. Chairperson Olson asked the applicant to address the board. Mr. Alfredo Frias, general manager of Boca Chica Taco House, addressed the board. He said Boca Chica is a family business operating at two different locations. He and Shann Finwall have talked at length about this request. This location is not doing well financially. We have been in this location for four years now. It's a tight place to turn into and the sign is being blocked by the Garrity's sign. He personally doesn't know how the city can leave those signs up because they are eyesores. He asked the city if he could put another sign up closer to the street which could only be six feet in height. The sign is seen from the north but not seen well from the south. Mr. Frias said at night the sign stands out because it's lit and Garrity's sign is not lit. He knew when he applied for the monument sign that he would be requesting a variance but he wanted to see if having two signs would improve his business. He said they have seen a slight increase in business. He thinks both of the signs are well done. He said we fixed up the foundation and landscaping around the signs as well. He said we do things first class when we can. The monument sign did increase business here but he believes the combination of the two signs are necessary. The six foot tall monument sign he has is not very big when you have to compete with the 25 foot tall Garrity's sign. He brought photos to represent what can be Community Design Review Board 2 Minutes 10 -24 -2006 seen from both directions. He feels he is not getting the full use out of the one sign. Mr. Frias introduced his general manager to speak. Mr. Liston Smith, general manager of the Maplewood Boca Chica Taco House, addressed the board. He said before the six foot monument sign went up there were customers who said they drive by this location all the time and never noticed the restaurant there before until they saw the new monument sign which caught their attention. They use the larger pylon sign to advertise as well but the monument sign does not have that capability. They showed the photos on the monitor representing the different views of the area that were both obstructed and non - obstructed. Mr. Frias said the reason he is asking for the variance is that the business is not going so well and he is looking at every angle he can to increase his business. He understands there were redevelopment plans at one time to move the businesses closer to the street and that those have been put on the shelf for the time being. He is basically asking for a variance for a few years to give this location as much of a chance of survival as possible. If business got better after two years then he would take one of the signs down. Board member Shankar said you have been in business at this location for four years. Have the sales been the same every year? Mr. Frias said no the sales have gone down every year. He has a good product to sell here but he has high rent. He is trying to get the restaurant seen and visited by customers in the hopes of increasing business. Board member Hinzman said it sounds like when the monument sign was put up there was a positive response from customers. The photos show that the sign is visually blocked. The monument sign sounds like its helping so he doesn't know if he agrees with the argument that you need both signs up so he is not convinced a variance is needed to draw customers into the site. Chairperson Olson said she disagrees. She doesn't see the monument sign when she drives by and she only sees the pylon sign. The Garrity's sign shown in the staff report appears to be beefed up with thicker pylons and a wider face and looks taller than Boca Chica's sign. She said she is inclined to approve the variance request. This location is a difficult site because of the competition of the flashing electronic sign of Walgreen's. The pylon sign she sees driving down White Bear Avenue is what got her into Boca Chica at this location. Board member Hinzman said when he looks at a variance request he looks at the precedence being set for other properties and how we can differentiate this from other projects that may come up in the city. He doesn't know how we can treat this request differently from a similar request for a business on White Bear Avenue that could request two signs. Board member Schurke said he would agree with board member Hinzman. As a board the focus is for aesthetics. As a board allowing two signs on a property sets a bad precedence for other businesses. He doesn't think there is a clear logic regarding whether this business would be adversely affected by hardship. Community Design Review Board 3 Minutes 10 -24 -2006 Board member Ledvina said he would agree with comments made by board member Hinzman and board member Schurke. He sympathizes with the business owner here but as a board we have to consider the precedence this sends for other businesses. The new monument sign is very nice and seems to be very effective in terms of identifying the restaurant from the north. He saw the distance between signs and estimates it is probably more than 100 feet apart. He could see if the two signs were very close to each other but he thinks there is sufficient distance apart from each other. What about other businesses that have hardships? He would support the staff recommendation to deny this variance for two signs on the Boca Chica Taco House property. Chairperson Olson said when the application comes in for a permit to upgrade the Garrity's sign as a board are we going to be in favor of a taller and wider sign? Board member Ledvina said that's a separate application and as a board we will take a look at that application on its own when it comes in. Chairperson Olson said I would be disinclined to approve the Garrity sign as I see it in the staff report now. Board member Hinzman said it seems like a pretty substantial modification that would not be covered under the grandfather clause. Ms. Finwall said as long as the square footage of the Garrity's sign isn't changed it would be considered a reface. Their current sign proposal is shown slightly larger and staff is recommending they reduce the size of the sign as it is shown currently in the report. Keep in mind it's a comprehensive sign plan that requires approval by the board so the board can make any recommendations they see fit at the meeting in November. Board member Shankar said he can't see a financial hardship if the applicant said when there was one sign business was better and with two signs business declined. Chairperson Olson said she would tend to believe the decline in business has more to do with economic conditions and not the functionality of having two signs on the site. Mr. Frias said when he built the monument sign he followed the city's sign regulations and kept the sign at 6 feet tall. He doesn't understand how Garrity's, Subway and the Laundromat can have a larger sign blocking the view of his sign. You as a board haven't approved their sign yet but if their sign was the same size as the Boca Chica sign he would understand that. Maybe he will leave the pylon sign up and take the monument sign down. Chairperson Olson asked if Mr. Frias thinks adding the monument sign along with the pylon really brought in more business? Mr. Frias said yes and I spoke to Ms. Finwall about that. Her interpretation of hardship is different than his. He has been operating here for four years now. The third year he lost $80,000 in business here. The fourth year he lost $90,000 in business here. We started to look at what we can do to get more customers here. We have advertised and used coupons. We have another store on the west side of St. Paul and we did the same type of advertising there. There is a lot of traffic on White Bear Avenue and often times people see the restaurant too Community Design Review Board 4 Minutes 10 -24 -2006 late and can't turn in quick enough. The sales have gone up little by little. Right now he has a month to month lease and the owner even reduced his rent because he wants Boca Chica to stay here. He said he needs to get to the point where he "can" keep his business running here and right now he isn't at that point. The two signs he has aren't ugly. His signs would even compliment Subway and Garrity's sign and the entrance way into Maplewood. He said he knows there are future development plans for this part of Maplewood and the Hillcrest area but those are not in place yet. When the plans are in place he said he would do whatever was needed to fit in with the other business plans for the area. He understands the precedence being set but he believes the two signs have helped his business increase a little bit more. To him it's a hardship losing $80,000 one year and $90,000 the next year. Thankfully the West St. Paul location is doing so well. Chairperson Olson asked if the pylon sign was there when this restaurant was converted to Boca Chica? Mr. Frias said yes it was. When he first asked about moving the sign he met with a gentleman at the city and he asked why 1 wanted to move the pylon sign? Wasn't the sign there originally when Burger King was there? Yes, Burger King was there before but they are a national restaurant and everyone knows Burger King and knows where their locations are. Boca Chica is a family owned restaurant and they are trying to get this location known too. Board member Schurke said you are only a tenant of this property but not the owner of this property? Mr. Frias said correct. I own the restaurant, but the building itself is owned by another person. Board member Schurke said that concerns me even more because of the ability to control the ultimate outcome of what happens to these signs. Mr. Frias said if his restaurant were to move out the owner would have to decide which of the two signs would stay on the property. I want to stay in this location for a couple years more. I had a four year lease and now I am on a month -to -month lease with the property owner with a reduced rent. We have been good tenants and the owner wants me to stay here. We have been good to the City of Maplewood as well. It's a hardship for me and I am just trying to make this business work here. Losing $80,000 to $90,000 a year is hard to make a go of it when you lose that kind of money. I am looking for any break I can get to make this business survive here and bring in more customers. The two signs compliment each other on the property. Yes the other sign is visible but only at night because it's lit and colorful but during the day you don't see the pylon sign. Mr. Frias said during the day or night you see the monument sign because it's close to the street but you don't see it until you drive closer. The Pylon sign can be seen farther back and he is looking for every advantage he can to be seen. These buildings are the older style buildings where they are set back farther and he understands the plan is to move the buildings closer to the street. Chairperson Olson asked what he anticipated the cost was to remove the sign from the property? Community Design Review Board 5 Minutes 10 -24 -2006 Mr. Frias said if he removed the monument sign he would put it in storage and it wouldn't cost anything. If he removed the pylon sign it would cost about $15,000 to move it and put it on the St. Paul site. Board member Schurke asked if the owner of the property is aware of the need to remove the pylon sign from the property? Mr. Frias said yes he is. He didn't want to bring the owner into the picture. The owner of the property has been very nice to me and I didn't want to drag him into this yet. As a matter of fact the owner has even given money to help with advertising the restaurant. Board member Shankar asked if he owns the Boca Chica building in St. Paul or is he just a tenant there too? Mr. Frias said he owns the building in St. Paul. This is the first time I have ever rented. I did have the opportunity to move the pylon sign closer to the street because it was a year later that the new ordinance started. But I didn't know the impact that would have. Board member Shankar said if you didn't have the restaurant in St. Paul that was doing so well I might see more of an economic hardship here. Mr. Frias said you can't bleed the St. Paul restaurant location to cover the Maplewood restaurant on White Bear Avenue or it will hurt both restaurant locations. The hope is to have both restaurant locations run on their own. That wouldn't make sense to move into a space and rent space for a restaurant just to lose money. The purpose of running a business is to try to make money at it. I can only finance the restaurant on my own for so long before I can't do it anymore. I am looking for a little help while I am trying to increase business for a few years until the restaurant is known in this location. My taxes are high here but I would like to stay here in Maplewood. Chairperson Olson said she is convinced there is an economic hardship at "this" site. We are not looking at how business is in the St. Paul location. Board member Hinzman said when you review the criteria of what a hardship is it specifically states economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. That can only be used as a portion of the variance request but not for all of it. Chairperson Olson said Mr. Frias has a unique situation. This is an unusual corner, there are unusual angles; it's on the corner of Larpenteur Avenue where it intersects with St. Paul. St. Paul has clearly not complied with the new Calthorpe plan when they built the new Walgreen's store on the corner. This is a unique situation and she would be inclined to give a one year variance for this request and revisit this in one year. Board member Hinzman said he isn't sure what standing a tenant has in this variance request when he is "not" the property owner. Ms. Finwall said Mr. Frias made the application, however the property owner is aware and is supportive of the variance request. Community Design Review Board 6 Minutes 10 -24 -2006 Board member Schurke asked what the legal status of that sign is going to be if Boca Chica moves out of the building and the variance is granted, what happens then? Ms. Finwall said the sign remains as a variance to the property. Chairperson Olson said the sign obviously transferred from Burger King being in that building. Board member Schurke said he understands the history but it underscores his concern on precedence. Board member Ledvina recommended denial of the request by Alfredo Frias for a variance from the sign code in order to have two freestanding signs on the Boca Chica Taco House property located at 1706 White Bear Avenue. The city is denying the variance for the following reasons: 1. The property can still be put to a reasonable use with just one freestanding sign. 2. The existence of the large Garrity's /Subway pylon sign located at 1698 White Bear Avenue will soon be enhanced and refaced, which should increase visibility to the Boca Chica property. 3. The Boca Chica monument sign is not blocked by the Garrity's /Subway sign. Board member Hinzman seconded. Ayes — Hinzman, Ledvina, Schurke, Shankar Nay — Olson Board member Schurke said I know the City of Maplewood has used other surrounding businesses in the past for city functions and he would encourage staff to look into getting food from Boca Chica Taco House for city functions. Chairperson Olson said Boca Chica has been used for city functions that she has attended in the past. Chairperson Olson strongly felt this request deserved a 1 -year variance due to the hardship expressed by the Boca Chica Taco House. This item goes to the city council on November 27, 2006, for a public hearing. AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Interim Finance Director RE: APPROVAL OF CLAIMS DATE: November 27, 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. ACCOUNTSPAYABLE: $ 114,133.63 Checks 9 71281 thru 9 71345 dated 11106106 thru 11/14/06 $ 263,180.58 Disbursements via debits to checking account dated 11/03/06 thru 11/08/06 $ 237,104.75 Checks 9 71346 thru 9 71409 dated 11/21/06 $ 4,104,423.23 Disbursements via debits to checking account dated 11/09/06 thru 11/16/06 $ 4,718,842.19 Total Accounts Payable PAYROLL $ 516,222.62 Payroll Checks and Direct Deposits dated 11/17/06 $ 2,305.25 Payroll Deduction check 9 1000507 thru 9 1000508 dated 11/17/06 $ 518,527.87 Total Payroll $ 5,237,370.06 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 ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2006\Agenda Reports \11- 27 -06 \I1 Approval of Claims.xls Check Register City of Maplewood 11109/2006 Check Date Vendor 71281 1110612006 03768 CHRISTINE ROSHOLT 71282 11/14/2006 01949 GARY L FISCHLER & ASSOC PA 71283 1111412006 01018 MINNEAPOLIS FINANCE DEPT 71284 11114/2006 01504 CITY OF ST PAUL 71285 1111412006 01190 XCEL ENERGY 11/14/2006 01190 XCEL ENERGY 1111412006 01190 XCEL ENERGY 11114/2006 01190 XCEL ENERGY 1111412006 01190 XCEL ENERGY 11/14/2006 01190 XCEL ENERGY 1111412006 01190 XCEL ENERGY 71286 11114/2006 03773 SUZANNE ANDERSON 71287 1111412006 00119 AQUA CITY IRRIGATION INC 71288 11/14/2006 03744 ANTHONY BARILLA, JR 71289 1111412006 00157 BARR ENGINEERING CO 71290 11114/2006 01865 DON BOWMAN 71291 1111412006 03108 TRACY BOWMAN 71292 11/14/2006 00210 BRAUER & ASSOCIATES, LTD 71293 1111412006 00240 G.S.C. CREDIT SERVICES 71294 11114/2006 00279 GEMSTONE PRODUCTS CO. 71295 1111412006 00494 CHILDREN HOME & FAMILY SERVICE 71296 11/14/2006 03769 RICHARD DOBLAR 71297 1111412006 03504 FRED DUCHARME 71298 11114/2006 03491 AUDREY DUELLMAN 71299 1111412006 03767 PATRICIA EKSTROM 71300 11/14/2006 03492 ELIZABETH ERICKSON 71301 1111412006 00477 ESS BROTHERS & SONS INC 71302 11114/2006 01401 FIRST STUDENT INC 1111412006 01401 FIRST STUDENT INC 11/14/2006 01401 FIRST STUDENT INC 71303 1111412006 01900 ANNE FOSBURGH 71304 11114/2006 03303 MYCHAL FOW LDS 71305 1111412006 01898 DIANE GOLASKI 71306 11/14/2006 03774 MILES HAMRE 1111412006 03774 MILES HAMRE 71307 11114/2006 01867 PERRY HANSON 71308 1111412006 03597 MARY JO HOFMEISTER 71309 11/14/2006 03772 MARY HOLZEMER 71310 1111412006 03538 PATRICK JAMES HUBBARD 71311 11114/2006 00687 HUGO'S TREE CARE INC 1111412006 00687 HUGO'S TREE CARE INC 11/14/2006 00687 HUGO'S TREE CARE INC 71312 1111412006 02506 HUNT ELECTRIC CORP 71313 11114/2006 03543 JUDITH JOHANNESSEN 71314 1111412006 01857 JOHNSON BROS WELL DRILLING 71315 11/14/2006 02292 K.A. KAMISH EXCAVATION 71316 1111412006 00393 DEPT OF LABOR & INDUSTRY 71317 11114/2006 03494 ANITA LARSON 71318 1111412006 03770 LATINO COMMUNICATIONS NETWORK 71319 11/14/2006 03495 SHIRLEY LUTTRELL 71320 1111412006 01899 CAROL MAHRE 71321 11114/2006 03771 GERALDINE MAHRE 71322 1111412006 03497 JOHN MANTHEY 71323 11/14/2006 00983 METRO SALES INC 71324 1111412006 02617 ALESIA METRY 71325 11114/2006 03270 MIKE MILLER 71326 1111412006 03737 MARCIA CHRISTENA MUELLER 71327 11/14/2006 01156 JEAN NELSON 71328 1111412006 01174 VOID Description MCC EVENT 11106 CANDIDATE SCREENING AUTOMATED PAWN SYSTEM FEE - RECORD MGMT SOFTWARE FEES - GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY ELECTRIC UTILTIY EQUIPMENT LOAN GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY ENERGY CHARGE REIMB FOR CELL PHONE & MILEAGE WINTERIZE SPRINKLER SYS VOLLEYBALL REFEREE PROFESSIONAL SRV 5/21-10/06 VOLLEYBALL REFEREE VOLLEYBALL REFEREE PROFESSIONAL SRV THRU 12131/05 APPLICANT BACKGROUND CHECKS CONCRETE BLOCKS YOUTH DIVERSION PROG - OCT POLICE OFFICER MCC EVENT 11104 REIMB FOR CELL PHONE 11107 REIMB FOR CELL & MILEAGE 10111 - BABYSITTING CLASS INSTRUCTOR FEE REIMB FOR CELL PHONE & MILEAGE ALUMINUM HATCH FOR ACCESS MCC BUS FEE TO VARIOUS LOCATIONS MCC BUS FEE TO SHOREVIEW COMM MCC BUS FEE TO MARCUS THEATRE REIMB FOR MILEAGE 11107 REIMB FOR PHONE & INT - SEPT & OCT REIMB FOR MILEAGE 11107 REIMB FOR MILEAGE 4111 -9127 REIMB FOR MILEAGE 10/02-10/17 VOLLEYBALL REFEREE REIMB FOR MILEAGE 9/01-10113 REIMB FOR MILEAGE 11/06-11/07 VOLLEYBALL REFEREE PROJ 05 -16 TREE REMOVAL PROD 05 -16 HAUL LOGS AND BRUSH PROD 05 -16 CLEAR LAND OF TREES ELECTRIC WORK ON COUNCIL REIMB FOR CELL PHONE 11107 ABANDONED WELL CAPPED AT JOY ESCROW RELEASE - 3025 SOUTHLAWN MONTHLY SURTAX - OCTOBER REIMB FOR PHONE 11/07 EMPLOYMENT AD FOR POLICE REIMB FOR MILEAGE 11107 REIMB FOR CELL & MILEAGE 11102 - REIMB FOR CELL PHONE 11107 REIMB FOR MILEAGE 11107 COPIER MAINTENANCE CONTRACT REIMB FOR GUN SAFE VOLLEYBALL REFEREE VOLLEYBALL REFEREE REIMB FOR MILEAGE 9/01-10/31 Amount 500.00 300.00 460.00 3,798.00 5,223.30 4,869.07 1,196.85 756.64 291.94 46.98 46.63 6.75 778.50 483.00 1,954.50 432.00 69.00 1,366.88 50.00 426.00 3,526.08 140.00 5.00 11.68 120.00 12.12 617.70 287.30 155.00 155.00 6.68 150.00 10.24 163.94 14.02 414.00 10.90 7.12 828.00 930.81 550.00 450.00 4,467.70 5.00 1,550.00 10,035.75 6,606.18 5.00 120.00 6.68 11.23 5.00 7.12 2,845.03 79.99 414.00 345.00 65.42 0.00 Check Register City of Maplewood 11109/2006 Check Date Vendor Description 71329 1111412006 00001 ONE TIME VENDOR REFUND TRUDEE KELLY - 71330 11/14/2006 00001 ONE TIME VENDOR REFUND LYNN KAISER - MEMBERSHIP 71331 1111412006 01863 ROGER PACKER VOLLEYBALL REFEREE 71332 11114/2006 03625 PREMIUM ELECTRICAL SRVS LLC ELECTRICAL REPAIRS 71333 1111412006 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 71334 11/14/2006 03215 SHAFER CONTRACTING CO INC PR 02 -07 CTY RD DIHAZELWOOD PMT 71335 1111412006 01455 MICHAEL SHORTREED REIMB FOR MEALS & PARKING 10/28- 71336 11/1412006 01463 SISTER ROSALIND GEFRE MCC MASSAGE - OCT 71337 11/1412006 03775 SMEBAKKEN LANDSCAPING LANDSCAPING SRV 71338 11114/2006 03503 TIM STAFKI REIMB FOR CELL & MILEAGE 10111- 71339 11/1412006 02853 JOANNE SVENDSEN REIMB FOR MILEAGE 7/26 - 11/07 71340 11/14/2006 01692 U S POSTAL SERVICE PERMIT 625 RENEWAL 71341 11/1412006 01704 HOLLY URBANSKI REIMB FOR CELL & MILEAGE 10111- 71342 11114/2006 03490 BEULAH VAN BLARICOM REIMB FOR MILEAGE 9111 -11/07 71343 11/1412006 03753 VEOLIA ENVIRONMENTAL SERVICES FALL CLEAN UP DAY 71344 11/14/2006 01750 THE WATSON CO INC MDSE FOR RESALE 71345 11/1412006 01872 MARK WEBER VOLLEYBALL REFEREE 65 Checks in this report. Amount 55.00 13.00 483.00 349.18 100.00 39,046.94 25.00 2,582.00 4,500.00 21.02 57.05 160.00 15.68 1.78 8,004.99 252.26 276.00 l 14,133.1�J CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 11/02/06 11/03/06 11/02/06 11/03/06 11/03/06 11/03/06 11/03/06 11/06/06 11/03/06 11/03/06 11/03/06 11/07/06 11/03/06 11/03/06 11/03/06 11/03/06 11/06/06 11/06/06 11/06/06 11/07/06 11/07/06 11/07/06 11/07/06 11/08/06 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer MidAmerica - ING Labor Unions MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar State Payroll Tax HRA Flex plan Union Dues Drivers License /Deputy Registrar Amount 12,018.38 5,459.37 537.50 23,863.62 12,632.10 91,325.91 61,614.06 19,265.79 17,880.30 2,787.17 1,719.88 14,076.50 263,180.58 4 11/1712006 Check 71346 71347 71348 71349 71350 71351 71352 71353 71354 71355 71356 71357 71358 71359 71360 71361 71362 71363 71364 71365 71366 71367 71368 71369 71370 71371 71372 71373 71374 71375 71376 71377 71378 71379 71380 71381 71382 71383 71384 71385 Date 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 1112112006 11/21/2006 Vendor 01973 01337 01337 01504 01504 01504 00111 00116 00116 01993 03738 00210 00211 00211 00230 00262 03096 03782 00358 00358 00358 00358 00358 00358 00358 00358 00358 00358 03544 03504 03491 03492 00003 00003 00003 00531 00550 01898 03777 03330 03330 03772 00489 03543 03266 00827 00827 03494 03779 03673 03756 03495 01899 03496 03497 00932 00932 00932 Check Register City of Maplewood ERICKSON OIL PRODUCTS INC RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL ANIMAL CONTROL SERVICES INC APPEARANCE PLUS CAR WASH APPEARANCE PLUS CAR WASH MERVIN BERGER BETHEL & ASSOCIATES, PA BRAUER & ASSOCIATES, LTD BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRYAN ROCK PRODUCTS, INC. JEANETTE CARLE ROBERT CREAGER EDWARD K. DEEG DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. KATHLEEN DITTEL FRED DUCHARME AUDREY DUELLMAN ELIZABETH ERICKSON ESCROW REFUND ESCROW REFUND ESCROW REFUND FRA -DOR BLACK DIRT & RECYCLE GAMETIME DIANE GOLASKI HOFFMEYER PAINTING HOISINGTON KOEGLER GROUP INC HOISINGTON KOEGLER GROUP INC MARY HOLZEMER INTEREUM INC JUDITH JOHANNESSEN KISSELL CONSTRUCTION INC LMCIT LMCIT ANITA LARSON LAW ENFORCEMENT TECHNOLOGY RICHARD M LOFGREN DIANA LONGRIE SHIRLEY LUTTRELL CAROL MAHRE JERIMAHRE JOHN MANTHEY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY Description CAR WASHES - OCT PROPERTY TAXES 13 28 22 12 0028 PROPERTY TAXES 13 28 22 12 0027 FORCE INSTRUCTOR SCHOOL RADIO SERVICE & MAINT - OCT CRIME LAB SERVICES - OCT PATROL & BOARDING FEES 10123 TO CAR WASHES - OCT CAR WASHES - SEP REIMB FOR MILEAGE 9/12 HR SERVICES 10/27-11/14 PROJ 04 -21 GLADSTONE REDEV PROJ 06 -10 PROF SRVS THRU 11103106 PROJ 05 -17 PROF SRVS THRU 11/03106 ROCK REIMB FOR MILEAGE 8/10 -8129 REF ESC - 2317 CASE REIMB FOR MILEAGE 8/06 -9112 TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW VEHICLE REIMB FOR MILEAGE 9/12 REIMB FOR CELL PHONE 9/12 REIMB FOR CELL & MILEAGE 8112 -9112 REIMB FOR CELL & MILEAGE 8109 -9112 REF ESC EVONNE FINCH -1741 REF ESC STEVE GARBE - 491 REF ESC CHUCK SORENSON -1193 BLACK DIRT PLAYGROUND EQUIP - STERLING OAKS REIMB FOR MILEAGE 9/12 PRIME & PAINT RESTROOM WALL PROJ 04 -21 GLADSTONE REDEV- PROJ 04 -21 GLADSTONE REDEV - OCT REIMB FOR MILEAGE 9/11 & 9112 PROJ 03 -19 OFFICE FURNITURE REIMB FOR TAXI 9/12 REF ESC - 970 COUNTY RD C CLAIM DEDUCTIBLE 11033469 CLAIM DEDUCTIBLE 11057072 REIMB FOR PHONE 9112 AUTO CITATION WRITING EQUIP REIMB FOR MILEAGE 8/09 REIMB PHONE,MILEAGE,COPIES 2/22 - REIMB FOR MILEAGE 9/12 REIMB FOR CELL & MILEAGE 8109 -9112 REIMB FOR CELL PHONE 9/12 REIMB FOR MILEAGE 9111 & 9/12 MERCH FOR RESALE - OCT MERCH FOR RESALE - AUG MERCH FOR RESALE - JUN Amount 59.64 325.60 151.80 1,700.00 171.00 110.00 1,745.07 82.54 61.24 7.12 11,722.75 4,086.31 1,545.40 1,378.60 813.55 23.59 1,527.93 8.90 122.48 111.83 111.83 90.53 90.53 90.53 90.53 90.53 90.53 53.25 5.34 5.00 12.57 19.69 1,000.00 500.00 500.00 213.00 23,082.58 4.27 850.00 2,587.46 287.50 8.90 13,406.93 5.00 501.96 7,716.40 538.12 5.00 2,537.60 7.12 302.79 6.68 14.79 5.00 5.34 451.76 451.72 408.31 5 Check Register City of Maplewood 11/1712006 Check 71386 71387 71388 71389 71390 71391 71392 71393 71394 71395 71396 71397 71398 71399 71400 71401 71402 71403 71404 71405 71406 71407 71408 71409 Date 1112112006 11/21/2006 1112112006 11/21/2006 1112112006 11/21/2006 11121/2006 11/21/2006 11121/2006 11/21/2006 11121/2006 11/21/2006 11121/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 11/21/2006 Vendor 00932 00932 00932 00932 00932 00932 00932 02391 00986 01050 01069 03674 02479 03781 01202 00001 00001 00001 00001 01941 03151 01269 01269 01269 01269 01295 01295 01295 01295 01336 03446 03503 01574 01704 03194 00592 03104 MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MAPLEWOOD BAKERY MARK MARUSKA METROPOLITAN COUNCIL MN NATURALIST ASSN MN WI PLAYGROUND JAMES NIEMAN NORTH ST PAUL COMMUNITY CENTER NORTHERN ESCROW, INC NYSTROM PUBLISHING CO INC ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PATRICK GRAPHICS & TROPHIES PETTY CASH PIPE SERVICES CORP PIPE SERVICES CORP PIPE SERVICES CORP PIPE SERVICES CORP PREMIER BANK PREMIER BANK PREMIER BANK PREMIER BANK RAINBOW FOODS RICK JOHNSON DEER & BEAVER INC TIM STAFKI T.A. SCHIFSKY & SONS, INC HOLLY URBANSKI VERNIX FORESTRY CONSULTANTS W W GRAINGER INC WHITE BEAR LAKE COMM SRVS 64 Checks in this report. Description MERCH FOR RESALE - MAR MERCH FOR RESALE - PARTIAL JAN & MERCH FOR RESALE - APR MERCH FOR RESALE - MAY MERCH FOR RESALE - JUL MERCH FOR RESALE - SEP REFRESHMENTS FOR MEETING 1/30 REIMB FOR SAFETY BOOTS MONTHLY SAC - OCT REGISTRATION FEE INSTALL PLAYGROUND EQUIP - REIMB FOR CELL PHONE 9/12 P &R ADULT FIELD TRIP PROJ 05 -29, LIFT STATION #18, PMT #1 MCC BROCHURE REIMBURSEMENT G NORMAN PROJ 05- REFUND MARKOE /MILLER PR 05 -16 REFUND SARAH HOWELL MCC RENTAL REFUND D WALTERS THEATER BASKETBALL MEDALS REPLENISH PETTY CASH PROJ 05 -16 SEWER TV INSPECTION SEWER TV INSPECTION PROJ 05 -17 SEWER TV INSPECTION PROJ 05 -16 SEWER TV INSPECTION SAFE DEPOSIT BOX #524 SAFE DEPOSIT BOX #549 SAFE DEPOSIT BOX #543 SAFE DEPOSIT BOX #427 WELLNESS PROGRAM VOUCHERS DEER REMOVAL - OCT REIMB FOR CELL & MILEAGE 8/19 & ASPHALT REIMB FOR CELL PHONE 9/12 SHADE TREE DISEASE FROG 10/02 - TEMP PROBE SENIOR HIGH BASKETBALL PROGRAM Amount 392.52 383.45 370.83 366.63 310.92 278.82 16.76 79.99 84,397.50 150.00 6,893.72 5.00 436.50 35,961.96 1,381.31 2,120.00 750.00 175.00 60.00 258.74 303.14 7,749.59 483.75 402.04 161.25 75.00 75.00 75.00 75.00 3,200.00 300.00 12.12 651.88 5.00 436.63 51.76 6,353.50 LJ! . 1 U4.1 U A CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 11/08/06 11/08/06 11/09/06 11/09/06 11/13/06 11/14/06 11/10/06 11/15/06 11/16/06 11/16/06 11/09/06 11/09/06 11/10/06 11/10/06 11/14/06 11/15/06 11/15/06 11/16/06 11/16/06 11/16/06 MN State Treasurer ARC Administration MN State Treasurer MN Dept of Natural Resources MN State Treasurer MN State Treasurer US Bank VISA One Card* MN State Treasurer Dain Rauscher Dain Rauscher TOTAL Description Drivers License /Deputy Registrar DCRP & Flex plan payments Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar US Bank - investment purchase US Bank - investment purchase *Detailed listing of VISA purchases is attached. Amount 15,633.56 2,505.93 6,543.25 617.50 11,473.00 16,618.37 71,875.15 9,888.10 1,002,330.87 2,966,937.50 4,104,423.23 7 Visa Transactions 10 -28 -06 to 11 -10 -06 Trans Date 11/7/2006 10/30/2006 11/912006 10/27/2006 11/2/2006 11/2/2006 11/2/2006 11/412006 11/5/2006 11/512006 11/6/2006 11/7/2006 11/8/2006 10/27/2006 11/l/2006 11/2/2006 11/212006 11/3/2006 11/812006 10/6/2006 10/17/2006 10/26/2006 10/26/2006 10/27/2006 10/31/2006 10/31/2006 11/l/2006 11/2/2006 11/2/2006 11/3/2006 11/3/2006 10/23/2006 11/3/2006 10/27/2006 10/31/2006 11/l/2006 11/7/2006 10/30/2006 11/2/2006 11/912006 11/l/2006 11/212006 11/3/2006 11/6/2006 11/8/2006 11/8/2006 11/9/2006 10/30/2006 10/30/2006 11/6/2006 10/27/2006 10/31/2006 10/31/2006 10/31/2006 11/l/2006 Posting Date 11/8/2006 10/31/2006 11/10/2006 10/30/2006 11/3/2006 11/6/2006 11/6/2006 11/6/2006 11/7/2006 11/812006 11/7/2006 11/9/2006 11/10/2006 10130/2006 11/3/2006 11/3/2006 11/6/2006 11/6/2006 11/912006 11/8/2006 11/8/2006 10/30/2006 11/8/2006 10/30/2006 11/l/2006 11/112006 11/8/2006 11/3/2006 11/6/2006 11/6/2006 11/8/2006 10/30/2006 11/6/2006 10/30/2006 11/112006 11/3/2006 11/9/2006 10/31/2006 11/3/2006 11/10/2006 11/3/2006 11/612006 11/6/2006 11/7/2006 11/9/2006 11/9/2006 11/10/2006 10/31/2006 11/6/2006 11/7/2006 10/30/2006 11/2/2006 11/2/2006 11/3/2006 11/2/2006 Merchant Name VZW APO CCVISIONNO BROWNELLS INC BROWNELLS INC FACTORY CARD OUTLET #284 TARGET 00011858 JOANN ETC #1970 MICHAELS #2744 CUB FOODS, INC. MICHAELS #9401 JOANN ETC #1902 TARGET 00011858 ANDON BALLOONS INC - JOANN ETC #1902 JOHN E REID & ASSOC INC SHRED -IT ACCURINT EOM AUTO P LAMETTRY'S COLLISION 4 UNIFORMS UNLIMITED EDEN PRAIRIE TUITION OFFI NUCO2 01 OF 01 NUCO2 01 OF 01 PARK SUPPLY OF AMERICA IN NUCO2 01 OF 01 MUSKA LIGHTING CENTER EXCEL DRYER INC HENRIKSEN ACE HARDWARE NUCO2 01 OF 01 ALL MAIN STREET ELECTRIC MINVALCO INC HARMON MINNEHA #245 PARK SUPPLY OF AMERICA IN SIMPLESTAR CIRCUIT CITY SS #3134 WALGREEN 00031229 TARGET 00000687 BLUE RIBBON BAIT & TACKLE BLUE RIBBON BAIT & TACKLE PIONEER PRESS ADVERTISIN FEDEX KINKO'S #0617 DGI *DYNAMIC GRAPHICS BOEHM ST PAUL OFFICE MAX 00002204 WMS *WASTE MGMT WMEZPAY G & K SERVICES 006 GE CAPITAL G & K SERVICES 006 IRON AGE CORP WALGREEN 00016873 AMERICAN ALUMINUM ACCE SPARTAN PROMOTIONAL GRP SPRINT -STORE #2430 WEBER ELECTRIC THE HOME DEPOT 2810 AEI ELECTRONICS CENTER CONTINENTAL RESEARCH Trans Amount Name $44.09 R CHARLES AHL $120.85 SCOTT ANDREWS $159.25 SCOTT ANDREWS $81.84 MANDY ANZALDI $22.29 MANDY ANZALDI $191.03 MANDY ANZALDI $51.92 MANDY ANZALDI $9.29 MANDY ANZALDI $51.85 MANDY ANZALDI $154.99 MANDY ANZALDI $9.55 MANDY ANZALDI $73.49 MANDY ANZALDI $54.59 MANDY ANZALDI $295.00 JOHN BANICK $136.53 JOHN BANICK $30.00 JOHN BANICK $560.00 JOHN BANICK $2,693.02 JOHN BANICK $185.00 JOHN BANICK $80.94 JIM BEHAN $87.33 JIM BEHAN $915.88 JIM BEHAN $56.87 JIM BEHAN $687.77 JIM BEHAN $340.00 JIM BEHAN $33.30 JIM BEHAN $57.90 JIM BEHAN $1,264.00 JIM BEHAN $271.01 JIM BEHAN $159.56 JIM BEHAN $16.83 JIM BEHAN $46.98 CHAD BERGO $87.30 CHAD BERGO $42.75 OAKLEY BIESANZ $42.70 OAKLEY BIESANZ $8.30 OAKLEY BIESANZ $6.18 OAKLEY BIESANZ $1,140.97 HEIDI CAREY $90.31 HEIDI CAREY $79.00 HEIDI CAREY $735.29 LINDA CROSSON $32.98 LINDA CROSSON $881.33 LINDA CROSSON $545.64 LINDA CROSSON ($22.00) LINDA CROSSON $58.14 CHARLES DEAVER $139.95 THOMAS DEBILZAN $41.50 RICHARD DOBLAR $130.00 RICHARD DOBLAR $243.56 RICHARD DOBLAR $21.29 LARRY FARR $1,193.58 LARRY FARR $190.15 LARRY FARR $148.61 LARRY FARR $729.35 LARRY FARR Visa Transactions 10 -28 -06 to 11 -10 -06 Trans Date 11/l/2006 11/l/2006 11/212006 11/2/2006 11/2/2006 11/6/2006 11/6/2006 11/612006 11/6/2006 11/712006 11/8/2006 11/8/2006 11/8/2006 11/8/2006 11/9/2006 10/27/2006 11/112006 11/2/2006 11/912006 10/26/2006 10/31/2006 11/4/2006 11/5/2006 11/7/2006 11/8/2006 11/912006 11/6/2006 11/6/2006 11/7/2006 11/7/2006 10/25/2006 10/27/2006 10/27/2006 11/2/2006 11/212006 10/28/2006 11/7/2006 11/7/2006 11/3/2006 11/612006 11/8/2006 11/912006 11/9/2006 10/26/2006 10/26/2006 10/27/2006 10/27/2006 10/28/2006 10/31/2006 10/31/2006 10/31/2006 10/27/2006 11/3/2006 11/7/2006 10/28/2006 Posting Date 11/2/2006 11/2/2006 11/312006 11/6/2006 11/6/2006 11/7/2006 11/8/2006 11/8/2006 11/8/2006 11/912006 11/9/2006 11/9/2006 11/9/2006 11110/2006 11/10/2006 10/30/2006 11/2/2006 11/6/2006 11/10/2006 10/30/2006 11/3/2006 11/6/2006 11/6/2006 11/9/2006 11/9/2006 11/10/2006 11/8/2006 11/8/2006 11/8/2006 11/9/2006 10/30/2006 10/30/2006 10/30/2006 11/3/2006 11/312006 10/30/2006 11/9/2006 11/9/2006 11/6/2006 11/8/2006 11/9/2006 11/10/2006 11/10/2006 10/30/2006 10/30/2006 10130/2006 10/30/2006 10/31/2006 11/l/2006 11/2/2006 11/212006 10/30/2006 11/6/2006 11/9/2006 10130/2006 Merchant Name WMS *WASTE MGMT WMEZPAY WMS *WASTE MGMT WMEZPAY FERGUSON ENT #1657 GENERAL PARTS, LLC OVERHEAD DOOR OF NORTH G & K SERVICES 006 THE HOME DEPOT 2801 THE HOME DEPOT 2801 ENERGY MAINTENANCE FOREST PRODUCTS SUPPLY FERGUSON ENT #1657 CRAWFORD DOOR SALES CO OF FINAL TOUCH SERVICES INC AEI ELECTRONICS CENTER PREMIUM WATERS INC BACHMANS MAPLEWD 004 C2C SYSTEM INC SOFTWARE HOUSE INTL INSIGHT PUBLIC SECTORS CRESCENT ELEC BR 155 AEI ELECTRONICS CENTER INSIGHT PUBLIC SECTORS HP DIRECT- PUBLICSECTOR ALPHA VIDEO + AUDIO IN HP DIRECT- PUBLICSECTOR INNOVATIVE BUSINESS PRODU CUB FOODS, INC. CUB FOODS, INC. S & T OFFICE PRODUCTS 5 -8 TAVERN & GRILL PRAIRIE MOON NURSERY I SUBWAY SANDWICHES AND SA PRICE CHOPPER INC00 OF 00 TARGET 00011858 PAYPAL *ABSOLUTEACR THE HOME DEPOT 2810 MICHAELS #9401 THE HOME DEPOT 2810 LEEANN CHIN INC #17 CHI POTLE #0224 Q69 ARVEY PAPER & OFFICE PRO PIONEER PRESS ADVERTISIN LILLIE SUBURBAN NEWSPAPE THE HOME DEPOT 2801 THE HOME DEPOT 2801 TARGET 00011858 CLAREY'S SAFETY EQUIPM 7 CORNERS ACE HARDWARE NAPA AUTO PARTS # 28438 RAINBOW FOODS 00088617 RAINBOW FOODS 00088617 LTG POWER EQUIPMENT LESCO SC 0530 APPLEBEE'S MAP00161067 CUB FOODS, INC. Trans Amount Name $349.72 LARRY FARR $349.72 LARRY FARR $129.75 LARRY FARR ($31.80) LARRY FARR $547.99 LARRY FARR $214.78 LARRY FARR $70.19 LARRY FARR $104.83 LARRY FARR $241.70 LARRY FARR $479.25 LARRY FARR $293.05 LARRY FARR $274.00 LARRY FARR $953.18 LARRY FARR $59.35 LARRY FARR $5.33 LARRY FARR $57.47 SHANN FINWALL $3,456.00 MYCHAL FOWLDS $2,893.61 MYCHAL FOWLDS $84.29 MYCHAL FOWLDS $146.50 NICK FRANZEN $816.94 NICK FRANZEN $488.78 NICK FRANZEN $3,617.73 NICK FRANZEN $342.94 NICK FRANZEN $1,107.60 NICK FRANZEN $1,325.93 NICK FRANZEN $54.80 PATRICIA FRY $8.47 PATRICIA FRY ($15.59) PATRICIA FRY $70.31 PATRICIA FRY $61.77 VIRGINIA GAYNOR $120.00 CAROLE GERNES $1,128.36 MIKE GRAF $59.16 MIKE GRAF $101.38 MIKE GRAF $5.30 JANET M GREW HAYMAN $40.57 JANET M GREW HAYMAN $16.62 JANET M GREW HAYMAN $36.18 KAREN E GUILFOILE $73.06 KAREN E GUILFOILE $876.68 LORI HANSEN $213.20 LORI HANSOM $1,397.75 LORI HANSOM ($14.85) PATRICK HEFFERNAN $74.40 PATRICK HEFFERNAN $24.48 PATRICK HEFFERNAN $62.25 PATRICK HEFFERNAN $17.10 PATRICK HEFFERNAN ($10.32) PATRICK HEFFERNAN $30.91 PATRICK HEFFERNAN $18.32 PATRICK HEFFERNAN $69.26 GARY HINNENKAMP $477.12 GARY HINNENKAMP $105.64 GARY HINNENKAMP $201.35 RON HORWATH �eJ Visa Transactions 10 -28 -06 to 11 -10 -06 Trans Date 11/4/2006 11/4/2006 10/23/2006 11/l/2006 11/l/2006 11/2/2006 10/26/2006 10/26/2006 10/30/2006 10/26/2006 10/31/2006 11/6/2006 11/10/2006 10/29/2006 10/29/2006 11/5/2006 11/212006 11/7/2006 10/30/2006 10/30/2006 10/31/2006 11/2/2006 11/7/2006 10/30/2006 10/31/2006 10/31/2006 11/l/2006 11/l/2006 11/3/2006 11/3/2006 11/4/2006 11/7/2006 11/7/2006 10/30/2006 11/312006 10/30/2006 11/7/2006 10/30/2006 10131/2006 11/312006 11/3/2006 11/312006 11/6/2006 11/7/2006 11/7/2006 10131/2006 11/7/2006 10/27/2006 10/27/2006 10/30/2006 11/112006 11/9/2006 10/31/2006 11/3/2006 11/8/2006 Posting Date 11/6/2006 11/6/2006 11/10/2006 11/2/2006 11/2/2006 11/6/2006 10/30/2006 10/30/2006 10/31/2006 10/30/2006 11/l/2006 11/7/2006 11/10/2006 10130/2006 10/31/2006 11/9/2006 11/3/2006 11/1012006 10/31/2006 11/l/2006 11/l/2006 11/6/2006 11/8/2006 11/l/2006 11/2/2006 11/212006 11/2/2006 11/3/2006 11/6/2006 11/6/2006 11/6/2006 11/8/2006 11/8/2006 11/l/2006 11/612006 11/l/2006 11/9/2006 11/3/2006 11/3/2006 11/6/2006 11/6/2006 11/612006 11/7/2006 11/8/2006 11/8/2006 11/l/2006 11/8/2006 10/30/2006 10/30/2006 11/2/2006 11/212006 11/10/2006 11/l/2006 11/6/2006 11/9/2006 Merchant Name MICHAELS #2744 OFFICE MAX 00002204 INDUSTRIAL CUSTOM PROD DE LAGE LANDEN OP01 OF 01 NATIONAL CAMERA EXCHANGE UNIFORMS UNLIMITED INC CUB FOODS #3123 CVS PHARMACY #1751 003 TARGET 00011858 HOLIDAY STATIONSTORE VZW APO CCVISIONNO XP SOFTWARE SPRINTPCS AUTOPYMT RC1 FRATTALLONE'S ACE HDWE RAINBOW FOODS 00088591 DALCO ENTERPRISES, INC FERGUSON ENTERPRISES #525 SOUTH ST PAUL STEEL TARGET 00011858 RAINBOW FOODS 00088617 FEDEX KINKO'S #0617 RAINBOW FOODS 00088617 TARGET 00011858 STILLWATER FORD- LIN -MERC RAINBOW FOODS 00088617 WONDER /HOSTESS #63 AIRGAS NORTH CENTRAL CUB FOODS, INC. AIRGAS NORTH CENTRAL AIRGAS NORTH CENTRAL WMS *WASTE MGMT WMEZPAY SUZANNE'S CUISINE, INC HEJNY RENTAL CUB FOODS, INC. EXXONMOBIL26 09909706 THE UPS STORE #2171 WOLF CAMERA #1530 ON SITE SANITATION INC AMERICAN FASTENER & SUPPL ON SITE SANITATION INC HENRIKSEN ACE HARDWARE HUGOS TREE CARE G & K SERVICES 006 WMS *WASTE MGMT WMEZPAY GARCEAU HARDWARE AND POWE PARTY AMERICA 1018 NORTHERN TOOL EQUIP -MN TARGET 00011858 MENARDS 3059 PUMP AND METER SERVI METROCALL ARCH WIRE WW GRAINGER 497 CINTAS FIRST AID #431 S & T OFFICE PRODUCTS G & K SERVICES 006 Trans Amount Name $12.75 RON HORWATH $32.55 RON HORWATH $126.00 ANN E HUTCHINSON $206.61 ANN E HUTCHINSON $75.00 TOM KALKA $4.79 TOM KALKA $51.89 LOIS KNUTSON $13.80 LOIS KNUTSON $12.32 MARY B KOEHNEN $4.77 DUWAYNE KONEWKO $66.20 DUWAYNE KONEWKO $300.00 STEVEN KUMMER $53.31 ERIN M LABEREE $3.10 MICHAEL LIDBERG $29.08 MICHAEL LIDBERG $394.31 MICHAEL LIDBERG $154.72 DENNIS LINDORFF $251.61 DENNIS LINDORFF $35.78 ALISHA M LUKIN $43.63 ALISHA M LUKIN $3.20 ALISHA M LUKIN $58.33 ALISHA M LUKIN $100.12 ALISHA M LUKIN $634.63 STEVE LUKIN $71.37 STEVE LUKIN $117.28 STEVE LUKIN $921.35 STEVE LUKIN $27.71 STEVE LUKIN $116.10 STEVE LUKIN $278.84 STEVE LUKIN $267.43 STEVE LUKIN $2,503.27 STEVE LUKIN $49.86 STEVE LUKIN $81.09 GORDON MALLORY $20.00 GORDON MALLORY $12.74 DAN MARTIN $42.37 DAN MARTIN $1,659.51 MARK MARUSKA $44.36 MARK MARUSKA $414.86 MARK MARUSKA $150.94 MARK MARUSKA $2,236.50 MARK MARUSKA $296.42 MARK MARUSKA $681.29 MARK MARUSKA $300.76 MARK MARUSKA $9.29 JON A MELANDER $15.95 JON A MELANDER $22.41 ED NADEAU $6.86 ED NADEAU $237.64 ED NADEAU $37.31 ED NADEAU $83.96 ED NADEAU $64.13 BRYAN NAGEL $72.87 JEAN NELSON $598.02 AMY NIVEN i[�7 Visa Transactions 10 -28 -06 to 11 -10 -06 Trans Date 11/3/2006 11/3/2006 11/212006 11/2/2006 11/6/2006 11/5/2006 10/27/2006 10/27/2006 11/l/2006 11/612006 11/6/2006 11/7/2006 11/7/2006 11/7/2006 11/9/2006 11/3/2006 11/112006 11/2/2006 10/26/2006 10/26/2006 10/27/2006 10/30/2006 10/30/2006 10/31/2006 10/31/2006 10/31/2006 11/l/2006 11/l/2006 11/2/2006 11/2/2006 11/2/2006 11/2/2006 11/6/2006 11/6/2006 11/612006 11/6/2006 11/7/2006 11/7/2006 11/7/2006 11/912006 11/l/2006 11/312006 11/6/2006 11/3/2006 11/7/2006 11/8/2006 11/3/2006 11/3/2006 11/912006 10/31/2006 11/112006 11/l/2006 11/l/2006 11/l/2006 11/l/2006 Posting Date 11/6/2006 11/6/2006 11/312006 11/6/2006 11/7/2006 11/6/2006 10/30/2006 10/30/2006 11/6/2006 11/712006 11/8/2006 11/8/2006 11/8/2006 11/8/2006 11/10/2006 11/6/2006 11/2/2006 11/3/2006 10/30/2006 10/30/2006 10/30/2006 10/31/2006 11/l/2006 11/l/2006 11/2/2006 11/312006 11/2/2006 11/3/2006 11/3/2006 11/3/2006 11/6/2006 11/6/2006 11/7/2006 11/7/2006 11/812006 11/8/2006 11/9/2006 11/9/2006 11/9/2006 11/10/2006 11/2/2006 11/612006 11/8/2006 11/6/2006 11/9/2006 11/9/2006 11/6/2006 11/6/2006 11/10/2006 11/2/2006 11/312006 11/2/2006 11/2/2006 11/2/2006 11/3/2006 Merchant Name CONTINENTAL SAFETY NORTHERN TOOL EQUIP -MN HEJNY RENTAL THE UPS STORE #2171 OFFICE DEPOT #1090 HENRIKSEN ACE HARDWARE OFFICESUPPLIESLANE.COM WOLF CAMERA #1530 DR WWW ELEMENTS INFO THE TAPE COMPANY 1 PRO TEC DESIGN BEST BUY MHT 00000109 NATIONAL CAMERA EXCHANGE NATIONAL CAMERA EXCHANGE HENRIKSEN ACE HARDWARE PHILIPS MEDICAL SYSTEMS GE CAPITAL SPRINT *WIRELESS SVCS KATH AUTO PARTS LC KATH AUTO PARTS NSP NORTHERN FACTORY SALES PIONEER RIM & WHEEL CO. KATH AUTO PARTS NSP FACTORY MOTOR PARTS #19 BOYER FORD TRUCKS INC AMERICAN FASTENER & SUPPL BAUER BOLT TRE33200023 KATH AUTO PARTS NSP BAUER BULT TRE33200023 LITTLE FALLS MACHINE INC MERIT CHEVROLET CO. WHITE BEAR DODGE INC ZEP MANUFACTURING DIESEL & IMPORT AUTO /TRUC BAUER BULT TRE33200023 BAUER BULT TRE33200023 KATH AUTO PARTS NSP KATH AUTO PARTS NSP TOUSLEY FORD 127200039 FACTORY MOTOR PARTS #19 SPRINT *WIRELESS SVCS WOLF CAMERA #1530 UNIVERSAL COLOR S & T OFFICE PRODUCTS OFFICE DEPOT #1090 MN OCCUPATIONAL HEALTH HILLYARD INC MINNEAPOLIS MENARDS 3059 HENRIKSEN ACE HARDWARE ALL ABOUT DANCE.COM WAL -MART #2087 UNITED RENTALS #D09 UNITED RENTALS #D09 NORTHERN TOOL EQUIPMNT DAVIS LOCK & SAFE Trans Amount Name $429.88 RICHARD NORDQUIST $71.34 MICHAEL NOVAK $167.46 ERICK OSWALD $20.66 MARSHA PACOLT $54.33 MARY KAY PALANK $12.76 ROBERT PETERSON $87.35 PHILIP F POWELL $6.59 PHILIP F POWELL $32.05 PHILIP F POWELL $248.21 PHILIP F POWELL $176.25 PHILIP F POWELL $76.66 PHILIP F POWELL $94.79 PHILIP F POWELL $46.27 PHILIP F POWELL $11.56 PHILIP F POWELL $79.20 ROBERT PRECHTEL $331.22 WILLIAM J PRIEFER $539.63 WILLIAM J PRIEFER $57.08 STEVEN PRIEM $49.85 STEVEN PRIEM $189.12 STEVEN PRIEM $9.85 STEVEN PRIEM $30.03 STEVEN PRIEM $13.98 STEVEN PRIEM $109.56 STEVEN PRIEM $39.38 STEVEN PRIEM $245.70 STEVEN PRIEM $61.72 STEVEN PRIEM $369.17 STEVEN PRIEM $126.69 STEVEN PRIEM $34.12 STEVEN PRIEM $391.07 STEVEN PRIEM $113.40 STEVEN PRIEM $1,862.45 STEVEN PRIEM $354.72 STEVEN PRIEM $1,077.60 STEVEN PRIEM $50.43 STEVEN PRIEM $85.05 STEVEN PRIEM $178.90 STEVEN PRIEM $90.38 STEVEN PRIEM $2,015.35 KEVIN RABBETT $24.92 KEVIN RABBETT $70.29 KEVIN RABBETT $20.54 TERRIE RAMEAUX $5.88 TERRIE RAMEAUX $309.50 TERRIE RAMEAUX $1,314.79 MICHAEL REILLY $15.59 MICHAEL REILLY $53.23 MICHAEL REILLY $591.95 AUDRA ROBBINS $85.57 AUDRA ROBBINS $32.14 ROBERT RUNNING $37.03 ROBERT RUNNING $7.44 ROBERT RUNNING $35.15 ROBERT RUNNING ill Visa Transactions 10 -28 -06 to 11 -10 -06 Trans Date Posting Date Merchant Name Trans Amount Name 11/7/2006 11/9/2006 THE HOME DEPOT 2801 $71.49 ROBERT RUNNING 10/30/2006 10/31/2006 MOGREN LANDSCAPE SUPPLY L $36.21 JAMES SCHINDELDECKER 10/30/2006 10/31/2006 MENARDS 3059 $29.55 JAMES SCHINDELDECKER 10/31/2006 11/1/2006 MOGREN LANDSCAPE SUPPLY L $27.16 JAMES SCHINDELDECKER 10/31/2006 11/1/2006 MOGREN LANDSCAPE SUPPLY L $18.11 JAMES SCHINDELDECKER 11/1/2006 11/3/2006 SHRED -IT $17.65 DEB SCHMIDT 11/3/2006 11/6/2006 OFFICE DEPOT #1090 $161.65 DEB SCHMIDT 11/312006 11/6/2006 MICHAELS #2744 $26.85 RUSSELL L SCHMIDT 11/6/2006 11/7/2006 TARGET 00011858 $44.72 RUSSELL L SCHMIDT 11/1/2006 11/2/2006 T- MOBILE $45.01 SCOTT SCHULTZ 11/6/2006 11/8/2006 N WATER WORKS SPLY #2518 $170.94 SCOTT SCHULTZ 11/6/2006 11/8/2006 N WATER WORKS SPLY #2518 $29.73 SCOTT SCHULTZ 11/7/2006 11/8/2006 NATIONAL WATERWORKS 230 $134.19 SCOTT SCHULTZ 10/26/2006 10130/2006 UNIFORMS UNLIMITED INC $373.22 MICHAEL SHORTREED 11/3/2006 11/6/2006 DAVE'S OIL Q39 $12.00 MICHAEL SHORTREED 11/8/2006 11/10/2006 UNIFORMS UNLIMITED INC $82.54 MICHAEL SHORTREED 11/712006 11/9/2006 OFFICE DEPOT #1090 $208.57 ANDREA SINDT 11/2/2006 11/6/2006 OFFICE MAX 00002204 $56.43 PAULINE STAPLES 10/26/2006 10/30/2006 CUB FOODS, INC. $29.44 JOANNE M SVENDSEN 10/30/2006 11/1/2006 RAINBOW FOODS 00088617 $11.07 JOANNE M SVENDSEN 11/1/2006 11/3/2006 OFFICE MAX 00002204 $105.99 JOANNE M SVENDSEN 11/2/2006 11/6/2006 RAINBOW FOODS 00088617 $35.30 JOANNE M SVENDSEN 11/3/2006 11/6/2006 METRO SALES INC $940.00 JOANNE M SVENDSEN 11/7/2006 11/9/2006 OFFICE MAX 00002204 ($5.31) JOANNE M SVENDSEN 10/31/2006 11/1/2006 KNOWLANS #2 $36.95 RONALD SVENDSEN 11/1/2006 11/2/2006 MIDWEST SIGN /SCRN PRNTG S $312.97 RUSTIN SVENDSEN 11/3/2006 11/6/2006 MIDWEST SIGN /SCRN PRNTG S ($312.97) RUSTIN SVENDSEN 11/3/2006 11/6/2006 ASPEN MILLS 8005717343 $86.50 RUSTIN SVENDSEN 11/3/2006 11/6/2006 ASPEN MILLS 8005717343 $97.35 RUSTIN SVENDSEN 11/9/2006 11/10/2006 LIFE LINK 111 $100.00 RUSTIN SVENDSEN 11/3/2006 11/6/2006 TRUCK UTILITIES INC $34.57 LYLE SWANSON 11/8/2006 11/10/2006 HIRSHFIELD'S MAPLEWOOD $17.85 LYLE SWANSON 11/9/2006 11/10/2006 TWIN CITY FILTER SERV. $160.07 LYLE SWANSON 11/1/2006 11/2/2006 T- MOBILE $211.46 DOUGLAS J TAUBMAN 11/7/2006 11/9/2006 METRO ATHLETIC SUPPLY ($13.40) DOUGLAS J TAUBMAN 11/7/2006 11/9/2006 METRO ATHLETIC SUPPLY $178.17 DOUGLAS J TAUBMAN 11/7/2006 11/9/2006 METRO ATHLETIC SUPPLY $616.90 DOUGLAS J TAUBMAN 11/2/2006 11/3/2006 FSH COMMUNICATION01 OF 01 $58.58 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 11/512006 11/6/2006 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $262.36 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $179.39 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 11/5/2006 11/6/2006 QWESTCOMM *TN612 $369.70 JUDY TETZLAFF 10/30/2006 11/1/2006 TARGET 00011858 $17.68 JOSEPH WATERS 10/30/2006 11/1/2006 MCDONALD'S F3117 $10.03 JOSEPH WATERS 10/31/2006 11/2/2006 TARGET 00007518 ($3.72) JOSEPH WATERS 11/6/2006 11/8/2006 QUILL CORPORATION $163.16 SUSAN ZWIEG 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11/17/06 CAVE, REBECCA 397.80 11/17/06 HJELLE, ERIK 397.80 11/17/06 JUENEMANN, KATHLEEN 397.80 11/17/06 ROSSBACH, WILLIAM 397.80 11/17/06 COPELAND, EUGENE 3,090.00 11/17/06 FARR- LARRY 1,912.50 11/17/06 SWANSON, LYLE 1,711.57 11/17/06 ARNOLD, AJLA 756.00 11/17/06 RAMEAUX, THERESE 3,049.83 11/17/06 FAUST, DANIEL 43,349.16 11/17/06 SCHMIDT, DEBORAH 1,647.76 11/17/06 ANDERSON, CAROLS 826.65 11/17/06 BAUMAN, GAYLE 3,829.54 11/17/06 DEBILZAN, JUDY 810.00 11/17/06 JACKSON, MARY 1,873.35 11/17/06 KELSEY, CONNIE 917.14 11/17/06 TETZLAFF, JUDY 1,933.31 11/17/06 FRY, PATRICIA 1,977.00 11/17/06 GUILFOILE, KAREN 2,969.70 11/17/06 MORSON, JOHN 383.04 11/17/06 SPANGLER, EDNA 929.43 11/17/06 ANDERSON, SUZANNE 546.00 11/17/06 JAGOE, CAROL 1,817.32 11/17/06 KELLY, LISA 1,201.32 11/17/06 MECHELKE, SHERRIE 1,087.49 11/17/06 MOY, PAMELA 1 11/17/06 OLSON, SANDRA 1,21936 11/17/06 OSTER, ANDREA 1,965.60 11/17/06 WEAVER, KRISTINE 1,839.75 11/17/06 BANICK, JOHN 4,017.82 11/17/06 CORCORAN, THERESA 1,677.35 11/17/06 POWELL, PHILIP 2,394.54 11/17/06 RICHIE, CAROLE 1,684.28 11/17/06 THOMALLA, DAVID 4,429.00 11/17/06 ABEL, CLINT 2,605.97 11/17/06 ALDRIDGE, MARK 2,614.57 11/17/06 ANDREWS, SCOTT 3,282.61 11/17/06 BAKKE, LONN 2,583.66 11/17/06 BELDE, STANLEY 2,907.07 11/17/06 BIERDEMAN, BRIAN 2,547.11 11/17/06 KOHL, JOHN 3,249.97 11/17/06 BUSACK, DANIEL 2,458.97 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11117/06 COFFEY, KEVIN 2,502.97 11/17106 CROTTY, KERRY 2,729.37 11/17/06 DOBLAR, RICHARD 3,379.99 11/17/06 GABRIEL, ANTHONY 2,298.70 11/17/06 HEINZ, STEPHEN 3,074.40 11/17/06 HIEBERT, STEVEN 3,101.92 11/17/06 JOHNSON, KEVIN 3,917.62 11/17/06 KALKA, THOMAS 686.28 11/17/06 KARIS, FLINT 3,128.51 11/17/06 KONG, TOMMY 2,422.18 11/17/06 KROLL, BRETT 2,433.22 11/17/06 KVAM, DAVID 3,523.42 11/17/06 LANGNER, TODD 1,960.16 11/17/06 LARSON, DANIEL 2,400.11 11/17/06 LU, JOHNNIE 2,525.19 11/17/06 MARINO, JASON 2,400.11 11/17/06 MARTIN, DANIEL 654.68 11/17/06 MARTIN, JERROLD 2,514.38 11/17/06 MCCARTY, GLEN 2,395.83 11/17/06 METRY, ALESIA 2,422.18 11/17/06 NYE, MICHAEL 2,141.58 11/17/06 OLSON, JULIE 2,819.49 11/17/06 RABBETT, KEVIN 3,587.70 11/17/06 RHUDE, MATTHEW 2,01431 11/17/06 STEFFEN, SCOTT 3,217.59 11/17/06 STEINER, JOSEPH 1,933.33 11/17/06 SYPNIEWSKI, WILLIAM 1,891.61 11/17/06 SZCZEPANSKI, THOMAS 2,583.94 11/17/06 IRAN, JOSEPH 2,331.55 11/17/06 WENZEL, JAY 2,433.22 11/17/06 XIONG, KAO 2,400.11 11/17/06 BARTZ, PAUL 3,235.46 11/17/06 BERGERON, JOSEPH 3,353.17 11/17/06 DUGAS, MICHAEL 2,780.46 11/17/06 ERICKSON, VIRGINIA 2,713.80 11/17/06 FLOR, TIMOTHY 3,201.62 11/17/06 FRASER, JOHN 2,720.07 11/17/06 LANGNER, SCOTT 2,445.82 11/17/06 PALMA, STEVEN 2,995.79 11/17/06 THEISEN, PAUL 2,569.57 11/17/06 THIENES, PAUL 2,628.65 11/17/06 BARTA, JEREMY 2,488.09 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11117/06 DAWSON, RICHARD 2,272.98 11/17106 DUELLMAN, KIRK 2,729.01 11/17/06 EVERSON, PAUL 2,589.46 11/17/06 HALWEG, JODI 2,448.65 11/17/06 JOHNSON, DOUGLAS 2,292.23 11/17/06 NOVAK, JEROME 2,272.98 11/17/06 PARSONS, KURT 2,127.64 11/17/06 PETERSON, ROBERT 2,465.17 11/17/06 PRECHTEL, ROBERT 2,408.35 11/17/06 SVENDSEN, RONALD 2,505.61 11/17/06 GERVAIS -JR, CLARENCE 2,868.34 11/17/06 BAUER, MICHELLE 1,770.11 11/17/06 FLAUGHER, JAYME 1,931.75 11/17/06 HERMANSON, CHAD 1,798.95 11/17/06 HUBIN, KENNARD 2,021.63 11/17/06 KNAPP, BRETT 1,716.83 11/17/06 LINN, BRYAN 2,191.31 11/17/06 PACOLT, MARSHA 2,529.68 11/17/06 RABINE, JANET 1,917.35 11/17/06 SCHAULS, ADAM 390.00 11/17/06 STAHNKE, JULIE 1,926.95 11/17/06 LUKIN, STEVEN 4,016.18 11/17/06 SVENDSEN, RUSTIN 3,219.37 11/17/06 ZWIEG, SUSAN 1,81335 11/17/06 DOLLERSCHELL, ROBERT 293.39 11/17/06 AHL, R. CHARLES 4,500.69 11/17/06 KNUTSON, LOIS 1,570.95 11/17/06 KONEWKO, DUWAYNE 3,059.51 11/17/06 NIVEN, AMY 1,258.02 11/17/06 PRIEFER, WILLIAM 3,056.04 11/17/06 BRINK, TROY 2,093.76 11/17/06 DEBILZAN, THOMAS 1,94135 11/17/06 EDGE, DOUGLAS 1,903.35 11/17/06 FREBERG, RONALD 1,946.28 11/17/06 JONES, DONALD 1,903.35 11/17/06 MEYER, GERALD 1,969.79 11/17/06 NAGEL, BRYAN 2,486.01 11/17/06 OSWALD, ERICK 2,369.43 11/17/06 RUNNING, ROBERT 1,886.95 11/17/06 TEVLIN, TODD 1,852.15 11/17/06 DUCHARME, JOHN 2,414.86 11/17/06 ENGSTROM, ANDREW 1,776.58 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11117/06 ISAKSON, CHAD 315.27 11/17106 JACOBSON, SCOTT 1,694.15 11/17/06 JAROSCH, JONATHAN 2,030.15 11/17/06 KUMMER, STEVEN 2,338.21 11/17/06 LABEREE, ERIN 2,882.35 11/17/06 LINDBLOM, RANDAL 2,414.86 11/17/06 MEINHOLZ, WILLIAM 98.56 11/17/06 PECK, DENNIS 2,421.79 11/17/06 SCHREMPP, ANTHONY 145.68 11/17/06 THOMPSON, MICHAEL 2,129.35 11/17/06 ANDERSON, BRUCE 4,184.27 11/17/06 CAREY, HEIDI 2,179.79 11/17/06 HALL, KATHLEEN 1,820.29 11/17/06 MARUSKA, MARK 2,754.63 11/17/06 NAUGHTON, JOHN 1,822.15 11/17/06 SCHINDELDECKER, JAMES 1,895.66 11/17/06 BIESANZ, OAKLEY 1,805.44 11/17/06 DEAVER, CHARLES 217.64 11/17/06 GERNES, CAROLE 223.38 11/17/06 HAYMAN, JANET 1,528.25 11/17/06 HUTCHINSON, ANN 2,330.27 11/17/06 NELSON, JEAN 1,049.80 11/17/06 GAYNOR, VIRGINIA 2,060.55 11/17/06 HAMRE, MILES 465.00 11/17/06 EKSTRAND, THOMAS 3,244.10 11/17/06 KROLL, LISA 1,290.68 11/17/06 LIVINGSTON, JOYCE 1,111.14 11/17/06 SINDT, ANDREA 1,745.35 11/17/06 THOMPSON, DEBRA 885.06 11/17/06 YOUNG, TAMELA 1,613.35 11/17/06 FINWALL, SHANK 2,388.55 11/17/06 ROBERTS, KENNETH 2,66892 11/17/06 BRASH, JASON 1,544.55 11/17/06 CARVER, NICHOLAS 2,853.51 11/17/06 FISHER, DAVID 3,712.12 11/17/06 RICE, MICHAEL 2,110.95 11/17/06 SWAN, DAVID 2,214.15 11/17/06 WELLENS, MOLLY 1,244.68 11/17/06 BJORK, ALICIA 126.75 11/17/06 LUKIN, ALISHA 873.00 11/17/06 OHLHAUSER, MEGHAN 381.38 11/17/06 ROBBINS, AUDRA 2,28825 i[� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11117/06 SHERRILL, CAITLIN 263.50 11/17106 STAPLES, PAULINE 3,028.20 11/17/06 TAUBMAN, DOUGLAS 2,854.34 11/17/06 UNDERHILL, KRISTEN 441.00 11/17/06 GERMAIN, DAVID 1,902.59 11/17/06 NORDQUIST, RICHARD 1,893.35 11/17/06 SCHULTZ, SCOTT 2,078.15 11/17/06 ANZALDI, MANDY 1,717.78 11/17/06 COLLINS, ASHLEY 66.00 11/17/06 CRAWFORD - JR, RAYMOND 290.00 11/17/06 CROSSON, LINDA 2,782.66 11/17/06 EVANS, CHRISTINE 705.29 11/17/06 GRAF, MICHAEL 2,094.61 11/17/06 HER, CHONG 490.00 11/17/06 HOFMEISTER, MARY 750.01 11/17/06 PELOQUIN, PENNYE 567.58 11/17/06 SCHMIDT, RUSSELL 2,094.61 11/17/06 SCHULZE, BRIAN 905.47 11/17/06 TOLBERT, FRANCINE 107.00 11/17/06 ZIELINSKI, JUDY 37.00 11/17/06 BRENEMAN, NEIL 365.08 11/17/06 BRUSOE, CRISTINA 148.63 11/17/06 DUNN, RYAN 519.86 11/17/06 ERICKSON- CLARK, CAROL 47.50 11/17/06 EVANS, KRISTIN 175.60 11/17/06 FIERRO WESTBERG, MELINDA 37.50 11/17/06 FONTAINE, KIM 873.09 11/17/06 GREDVIG, ANDERS 404.49 11/17/06 HASSENSTAB, DENISE 67.05 11/17/06 HORWATH, RONALD 2,159.70 11/17/06 KOEHNEN, AMY 104.20 11/17/06 KOEHNEN, MARY 1,55633 11/17/06 KRONHOLM, KATHRYN 648.77 11/17/06 LAMEYER, ZACHARY 16.88 11/17/06 MATHEWS, LEAH 130.95 11/17/06 PROESCH, ANDY 400.06 11/17/06 SMITH, ANN 137.90 11/17/06 TELLIN, SARAH 118.15 11/17/06 TRUE, CAROLINE 79.20 11/17/06 TUPY, HEIDE 169.60 11/17/06 TUPY, MARCUS 341.78 11/17/06 WERNER, REBECCA 115.81 if CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 11117/06 WOLFGRAM, MARY 147.00 11/17106 GROPPOLI, LINDA 397.50 11/17/06 HER, SHILLAME 58.43 11/17/06 HOLMGREN, STEPHANIE 77.00 11/17/06 STEVENS, PATTI 201.15 11/17/06 BEHAN, JAMES 1,893.79 11/17/06 PATTERSON, ALBERT 1,253.52 11/17/06 PRINS, KELLY 1,046.82 11/17/06 REILLY, MICHAEL 1,706.95 11/17/06 SCHOENECKER, LEIGH 126.60 11/17/06 AICHELE, CRAIG 1,940.55 11/17/06 PRIEM, STEVEN 2,129.35 11/17/06 WOEHRLE, MATTHEW 1,695.67 11/17/06 BERGO, CHAD 2,355.82 11/17/06 FOWLDS, MYCHAL 2,561.82 11/17/06 FRANZEN, NICHOLAS 1,926.55 1000284 11/17/06 LONGRIE, DIANA 452.00 1000285 11/17/06 JAHN, DAVID 1,698.50 1000286 11/17/06 MORIN, TROY 170.00 1000287 11/17/06 MATHEYS, ALANA 2,059.19 1000288 11/17/06 HANSEN, LORI 2,434.74 1000289 11/17/06 AHRENS, FRANCES 136.00 1000290 11/17/06 ANDERSON, CYNTHIA 116.00 1000291 11/17/06 ANDERSON, ELSIE 247.50 1000292 11/17/06 ANDERSON, RONALD 68.00 1000293 11/17/06 ANDERSON, SUZANNE 209.00 1000294 11/17/06 ANDERSON, VIVIAN 88.00 1000295 11/17/06 ANSARI, AHSANUDDIN 124.00 1000296 11/17/06 BARRETT, MARLIS 124.00 1000297 11/17/06 BARTELT, JOAN 128.00 1000298 11/17/06 BEDOR, DAVID 132.00 1000299 11/17/06 BELLAND, JAIME 124.00 1000300 11/17/06 BORTZ, JEANNE 194.75 1000301 11/17/06 BREIDENSTEIN, ANNA 120.00 1000302 11/17/06 BUNDE, JENNETTE 128.00 1000303 11/17/06 BUTTON, JOAN 128.00 1000304 11/17/06 CAHANES, LUCILLE 173.38 1000305 11/17/06 CARLE, JEANETTE 517.00 1000306 11/17/06 CARR, ROBERT 64.00 1000307 11/17/06 CLELAND, ANN 120.00 1000308 11/17/06 CONNELLY, THOMAS 124.00 1000309 11/17/06 CONNOLLY, COLLEEN 96.00 iE:3 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 1000310 11117/06 DAVIDSON, MARIANNE 138.00 1000311 11/17106 DEEG, EDWARD 173.38 1000312 11/17/06 DEMPSEY, LOREE 124.00 1000313 11/17/06 DICKSON, HELEN 124.00 1000314 11/17/06 DIESSLIN, AUDREY 27.00 1000315 11/17/06 DITTEL, KATHLEEN 189.88 1000316 11/17/06 DROEGER, DIANE 198.00 1000317 11/17/06 DUCHARME, FRED 231.00 1000318 11/17/06 DUELLMAN, AUDREY 220.00 1000319 11/17/06 EICKHOFF, CAROLYN 152.00 1000320 11/17/06 ERICKSON, ELIZABETH 181.50 1000321 11/17/06 FISCHER, LORRAINE 220.00 1000322 11/17/06 FISCHER, MARY 171.00 1000323 11/17/06 FITZGERALD, DELORES 124.00 1000324 11/17/06 FOSBURGH, ANNE 195.25 1000325 11/17/06 FRANZEN, JAMES 104.00 1000326 11/17/06 FREER, MARY JO 84.00 1000327 11/17/06 GOLASKI, DIANE 206.25 1000328 11/17/06 GRANGER, BETTY 56.00 1000329 11/17/06 GUDKNECHT, JAMIE 136.00 1000330 11/17/06 GUNN, JACLYNN 126.00 1000331 11/17/06 GUNTHER, ROY 136.00 1000332 11/17/06 HAACK, DONITA 126.00 1000333 11/17/06 HECHT, LLOYD 112.00 1000334 11/17/06 HEININGER, GORDON 161.50 1000335 11/17/06 HILLIARD, BARBARA 120.00 1000336 11/17/06 HINES, CONSTANCE 64.00 1000337 11/17/06 HOLZEMER, MARY 198.00 1000338 11/17/06 HORTON, SHIRLEE 128.00 1000339 11/17/06 HULET, JEANETTE 124.00 1000340 11/17/06 HUNTOON, LYNN 48.00 1000341 11/17/06 IVERSEN, MILDRED 120.00 1000342 11/17/06 JEFFERSON, GWENDOLYN 80.00 1000343 11/17/06 JOHANNESSEN, JUDITH 171.00 1000344 11/17/06 JOHNSON, BARBARA 120.00 1000345 11/17/06 JURMU, JOYCE 136.00 1000346 11/17/06 KIRCHOFF, HAROLD 116.00 1000347 11/17/06 KOCH, ROSEMARY 124.00 1000348 11/17/06 KREKELBERG, MONA 178.13 1000349 11/17/06 KROMINGA, JOSEPHINE 120.00 1000350 11/17/06 LACKNER, MARVELLA 124.00 1000351 11/17/06 LALLY, RITA 14725 IF CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 1000352 11117/06 LAMPE, CHARLOTTE 128.00 1000353 11/17106 LARSON, ANITA 152.00 1000354 11/17/06 LAUREN, LORRAINE 64.00 1000355 11/17/06 LEITER, BARBARA 160.00 1000356 11/17/06 LEO, ANN 128.00 1000357 11/17/06 LEO, PATRICIA 48.00 1000358 11/17/06 LEONARD, CLAUDETTE 213.75 1000359 11/17/06 LINCOWSKI, STEVEN 124.00 1000360 11/17/06 LINCOWSKI, VIOLA 128.00 1000361 11/17/06 LOFGREN, DELORES 120.00 1000362 11/17/06 LOFGREN, RICHARD 171.00 1000363 11/17/06 LOIPERSBECK, DARLENE 140.00 1000364 11/17/06 LOWE- ADAMS, SHARI 100.00 1000365 11/17/06 LUNDGREN, ROBERT 48.00 1000366 11/17/06 LUTTRELL, SHIRLEY 198.00 1000367 11/17/06 MAHRE, CAROL 536.25 1000368 11/17/06 MAHRE, GERALDINE 187.00 1000369 11/17/06 MANTHEY, JOHN 198.00 1000370 11/17/06 MARSH, DELORES 118.00 1000371 11/17/06 MASKREY, THOMAS 88.00 1000372 11/17/06 MECHELKE, GERALDINE 164.00 1000373 11/17/06 MEYER, JACQUELINE 122.00 1000374 11/17/06 MISGEN, JOAN 144.00 1000375 11/17/06 MOSSONG, BETTY 120.00 1000376 11/17/06 MURASKI, GERALDINE 120.00 1000377 11/17/06 NIEMAN, JAMES 192.50 1000378 11/17/06 NIETERS, LOUISE 190.00 1000379 11/17/06 NISSEN, HELEN 140.00 1000380 11/17/06 NORBERG, ANN 120.00 1000381 11/17/06 OLSON, LOIS 128.00 1000382 11/17/06 PADDOCK, KENNETH 144.00 1000383 11/17/06 PEHL. DAVID 136.00 1000384 11/17/06 PETRIE, JAMES 136.00 1000385 11/17/06 POPHAM, MICHAEL 142.00 1000386 11/17/06 RADERMACHER, KARLA 128.00 1000387 11/17/06 ROLLER, CAROLYN 136.00 1000388 11/17/06 ROWE, CHARLES 120.00 1000389 11/17/06 RUDEEN, ELAINE 132.00 1000390 11/17/06 SCHNEIDER, MARY 124.00 1000391 11/17/06 SCHROEPFER, HARRIET 124.00 1000392 11/17/06 SCHULTZ, LOUISE 124.00 1000393 11/17/06 SHANKAR, ANANTH 112.00 ic7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 1000394 11117/06 SPANGLER, ROBERT 124.00 1000395 11/17106 SPIES, LOUIS 136.00 1000396 11/17/06 STAFKI, TIM 225.50 1000397 11/17/06 STEVENS, SANDRA 118.00 1000398 11/17/06 TAYLOR, LORRAINE 152.00 1000399 11/17/06 TAYLOR, RITA 128.00 1000400 11/17/06 THOMPSON, MILO 72.00 1000401 11/17/06 THOMPSON, PATRICIA 152.00 1000402 11/17/06 TILLMAN, LEILA 128.00 1000403 11/17/06 TOLBERT, D- FRANKLIN 126.00 1000404 11/17/06 TRIPPLER, DALE 171.00 1000405 11/17/06 TUCKER, CECILIA 64.00 1000406 11/17/06 LINGER, CONSTANCE 120.00 1000407 11/17/06 URBANSKI, HOLLY 206.25 1000408 11/17/06 URBANSKI, WILLIAM 120.00 1000409 11/17/06 VAN BLARICOM. BEULAH 185.25 1000410 11/17/06 VATNE, MARY 144.00 1000411 11/17/06 VOLKMAN, PHYLLIS 144.00 1000412 11/17/06 WANDERSEE, GENE 124.00 1000413 11/17/06 WASMUNDT, GAYLE 128.00 1000414 11/17/06 WILLY, JOHN 199.50 1000415 11/17/06 WITSCHEN, DELORES 124.00 1000416 11/17/06 ZACHO, KAREN 120.00 1000417 11/17/06 PALANK, MARY 1,679.66 1000418 11/17/06 SVENDSEN, JOANNE 1,990.39 1000419 11/17/06 SHORTREED, MICHAEL 3,268.81 1000420 11/17/06 WELCHLIN, CABOT 2,817.49 1000421 11/17/06 BAUMAN, ANDREW 584.00 1000422 11/17/06 GERARD, JAMIE 346.00 1000423 11/17/06 BURAU, JAMES 1,603.75 1000424 11/17/06 BUCKLEY, BRENT 1,491.75 1000425 11/17/06 EDSON, DAVID 1,932.28 1000426 11/17/06 HELEY, ROLAND 1,934.59 1000427 11/17/06 HINNENKAMP, GARY 1,901.99 1000428 11/17/06 LINDORFF, DENNIS 1,897.97 1000429 11/17/06 NOVAK, MICHAEL 1,893.35 1000430 11/17/06 SOUTTER, CHRISTINE 44.69 1000431 11/17/06 BERGER, STEPHANIE 369.77 1000432 11/17/06 BRYANT, KAYLIE 78.00 1000433 11/17/06 DEGREE, AMANDA 275.63 1000434 11/17/06 ERICKSON, AMY 78.00 1000435 11/17/06 GREER, ABIGAIL 78.00 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 1000436 11117/06 KOHLMAN, JENNIFER 92.00 1000437 11/17106 LINDA, KELLIE 440.00 1000438 11/17/06 MALLET, AMANDA 37.50 1000439 11/17/06 NETTLETON, NICOLE 130.00 1000440 11/17/06 NIELSEN, ABBY 39.00 1000441 11/17/06 NYBERG, MICHELLE 182.00 1000442 11/17/06 ROBBINS, EMERALD 250.00 1000443 11/17/06 WILSON, KALEN 208.00 1000444 11/17/06 HAAG, MARK 1,857.35 1000445 11/17/06 NADEAU, EDWARD 3,061.98 1000446 11/17/06 GLASS, JEAN 1,868.83 1000447 11/17/06 NAGEL, BROOKE 397.50 1000448 11/17/06 SIMPSON, JOSEPH 136.90 1000449 11/17/06 VELASQUEZ, ANGELA 9.00 1000450 11/17/06 ALBRECHT, TIMOTHY 94.25 1000451 11/17/06 ANDERSON, JOSHUA 127.80 1000452 11/17/06 ANDERSON, JUSTIN 150.88 1000453 11/17/06 BRENEMAN, SEAN 58.50 1000454 11/17/06 BRUSOE, AMY 80.00 1000455 11/17/06 CHASTAN, ADAM 126.75 1000456 11/17/06 CLARK, PAMELA 196.35 1000457 11/17/06 COSTA, JOSEPH 343.20 1000458 11/17/06 DEMPSEY, BETH 98.00 1000459 11/17/06 FENGER, JUSTIN 180.48 1000460 11/17/06 GIEL, NICOLE 14.00 1000461 11/17/06 GRUENHAGEN, LINDA 454.70 1000462 11/17/06 HAGSTROM, EMILY 64.38 1000463 11/17/06 HERRON, ADAM 94.50 1000464 11/17/06 IRISH, PETER 159.25 1000465 11/17/06 KROLL, MARK 156.75 1000466 11/17/06 LEMAY, KATHERINE 92.48 1000467 11/17/06 NWANOKWALE, MORDY 113.75 1000468 11/17/06 PEHOSKI, JOEL 67.80 1000469 11/17/06 RICHTER, DANIEL 51.00 1000470 11/17/06 RICHTER, NANCY 302.25 1000471 11/17/06 ROGNESS, TRYGGVE 40.15 1000472 11/17/06 RYAN, ERICA 109.20 1000473 11/17/06 SAUCERMAN, MICHAEL 364.25 1000474 11/17/06 SCHMIDT, EMILY 162.53 1000475 11/17/06 SCHMIDT, JOHN 19.50 1000476 11/17/06 SCHRAMM, BRITTANY 102.90 1000477 11/17/06 SCHREINER, MICHELLE 30725 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 1000478 11117/06 SCHUNEMAN, GREGORY 84.50 1000479 11/17106 SMITLEY, SHARON 226.35 1000480 11/17/06 WARNER, CAROLYN 301.80 1000481 11/17/06 WEDES, CARYL 98.00 1000482 11/17/06 WHITE, NICOLE 434.76 1000483 11/17/06 WILLIAMS, KRISTINE 120.50 1000484 11/17/06 WOODMAN, ALICE 115.00 1000485 11/17/06 BOSLEY, CAROL 389.85 1000486 11/17/06 LEWIS, AMY 114.70 1000487 11/17/06 ODDEN, JESSICA 28.31 1000488 11/17/06 OIE, REBECCA 101.45 1000489 11/17/06 PARAYNO, GUAI 210.58 1000490 11/17/06 SATTLER, CASSANDRA 73.80 1000491 11/17/06 SATTLER, MELINDA 148.35 1000492 11/17/06 STODGHILL, AMANDA 37.13 1000493 11/17/06 VAN HALE, PAULA 83.00 1000494 11/17/06 ZAGER, LINNEA 204.25 1000495 11/17/06 BERLIN, SARAH 346.75 1000496 11/17/06 BIRKHOLZ, TYLER 86.88 1000497 11/17/06 DOUGLASS, TOM 1,217.82 1000498 11/17/06 EVERSON, KYLE 26.60 1000499 11/17/06 GADOW, ANNA 190.94 1000500 11/17/06 HER, GHEE 73.03 1000501 11/17/06 HER, PETER 69.85 1000502 11/17/06 O'GRADY, VICTORIA 95.85 1000503 11/17/06 SCHULZE, KEVIN 99.75 1000504 11/17/06 VANG, KAY 175.73 1000505 11/17/06 VANG, TIM 77.70 1000506 11/17/06 VUE, LOR PAO 344.03 516,222.62 23 AGENDA NO. I -2 TO: City Manager FROM: Finance Director and Community Development Director RE: INCREASE IN PLANNING FEES (Second Reading) DATE: November 17, 2006 On November 13 the City Council approved first reading of an ordinance to increase planning fees effective 1 -1 -07. Attached is a copy of the agenda report from that meeting. It is recommended that second reading of the attached ordinance (Exhibit B) be approved. P:\WORD\AGN\userfeescomdev2nd.doc me]: a 0 1 97-Al W a af] :4 TO: City Manager FROM: Finance Director and Community Development Director RE: INCREASE IN COMMUNITY DEVELOPMENT DEPARTMENT SERVICE CHARGES DATE: November 17, 2006 I Z I I a*] oil I" d [01 Ll It is proposed that the Community Development Department service charges be increased effective January 1, 2007. BACKGROUND It has been past practice to raise service charges annually to keep up with inflation. In 1993 a User Fee Study was completed for the Community Development Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 50 individual licenselpermit fees and service charges for the Community Development Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering five years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 5-24-93, the Council approved the recommended fees for 1993. There have been annual increases in the service charges since then. On 5-24-04 the City Council approved a user fee study to determine if 17 planning service charges cover city costs. The study indicated that for 2003, the city costs for the 17 services exceeded revenues by $98,263. On the next page is a listing of the revenue and costs for the 17 fees charged. PAWORMAGMUSERFEE November 17. 2006 In 2004 the Council approved a recommendation that the large increases needed in these 17 fees be phased in over the five -year period of 2005 -2009. Therefore, beginning in 2005, 20% of the increase needed to cover the full cost was added to the fee rates. Also, all other Community Development Department fees should be increased by 2.1 % to keep up with inflation. The inflation rate of 2.1 % was the actual increase in the Consumer Price Index for All Urban Consumers for the 12 -month period ending September 30. In the past the annual increase was based upon the anticipated inflation rate for the upcoming year but this estimate is always changing. All of the Community Development Department license /permit fees and services charges are listed in Exhibit A which lists the present fee and the proposed 2007 fees. The 17 fees that were in the 2004 user fee study are in bold with the 2007 fee increase at one - fifth of the increase listed in the user fee study. • � • It is recommended that the Council approve (1) increases in the Community Development Department fees as listed in Exhibit A effective January 1, 2007 and (2) approve first reading of an ordinance (Exhibit B) to increase the planning fees. P:\WORD\AGN\USERFEE November 17. 2006 2003 2003 INCREASE FEE FEE Full Cost INCREASE TIMES 20% Zone Change 776.00 1,654.48 878.48 176.00 Conditional Use Permit - Single or Double - Dwelling 232.00 1,505.63 1,273.63 255.00 Conditional Use Permit - Other 825.00 1,645.85 820.85 164.00 Conditional Use Permit Revisions - Single or Double Dwelling 46.00 1,505.63 1,459.63 292.00 Conditional Use Permit Revisions - Other 165.00 1,734.98 1,569.98 314.00 Home Occupation 165.00 1,344.97 1,179.97 236.00 Comprehensive Plan Amendment 1,130.00 1,717.48 587.48 117.00 Variance - Single or Double- Dwelling 152.00 1,344.97 1,192.97 239.00 Variance - Other 848.00 1,344.97 496.97 99.00 Variance - Front Yard Setback 152.00 516.60 364.60 73.00 Preliminary Plat 1,400.00 1,990.58 590.58 118.00 Community Design Review Board - Double Dwelling 187.00 1,532.60 1,345.60 269.00 Community Design Review Board - 15 Day Design Review 152.00 473.60 321.60 64.00 Planned Unit Development 1,250.00 2,654.28 1,404.28 281.00 Temporary Sign Permit 24.00 44.15 20.15 4.00 Wall Signs 24.00 101.59 77.59 16.00 Free Standing Signs 24.00 169.43 145.43 29.00 In 2004 the Council approved a recommendation that the large increases needed in these 17 fees be phased in over the five -year period of 2005 -2009. Therefore, beginning in 2005, 20% of the increase needed to cover the full cost was added to the fee rates. Also, all other Community Development Department fees should be increased by 2.1 % to keep up with inflation. The inflation rate of 2.1 % was the actual increase in the Consumer Price Index for All Urban Consumers for the 12 -month period ending September 30. In the past the annual increase was based upon the anticipated inflation rate for the upcoming year but this estimate is always changing. All of the Community Development Department license /permit fees and services charges are listed in Exhibit A which lists the present fee and the proposed 2007 fees. The 17 fees that were in the 2004 user fee study are in bold with the 2007 fee increase at one - fifth of the increase listed in the user fee study. • � • It is recommended that the Council approve (1) increases in the Community Development Department fees as listed in Exhibit A effective January 1, 2007 and (2) approve first reading of an ordinance (Exhibit B) to increase the planning fees. P:\WORD\AGN\USERFEE November 17. 2006 Exhibit A Page 1 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Estimated Fee Annual 2005 2006 2007 Volume Fee Fee Fee PLANNING FEES (Set by Ordinance) Zone Change * 8 952 1,128 1,304 Conditional Use Permit: R1 and R2 1 487 742 997 Other * 11 989 1,153 1,317 Conditional Use Permit Revision: R1 and R2 * 6 338 630 922 Other 8 479 793 1,107 Variances: R1 and R2 * 6 391 630 869 Other * 6 947 1,046 1,145 Front Yard Setback 1 225 298 371 Vacations: R1 and R2 10 150 153 156 Other * 2 583 595 607 Lot Divisions (Fee per lot created): R1 and R2 11 83 85 87 Other 1 311 317 324 Home Occupations Initial Permit 6 401 637 873 Annual Renewal 6 56 57 58 Sign Erection Permit (per inspection) 100 24 24 25 Temporary Sign Permit 30 28 32 36 Wall Sign Permit 50 40 56 72 Free Standing Signs 13 53 82 111111 *Plus a surcharge for each affected property to pay for the County's filing fee for resolutions. PAEXCEL\M1SC\FEES 11/17/2006 Exhibit A Page 2 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2005 Fee 2006 Fee 2007 Fee Comprehensive Plan Amendment 8 1,247 1,364 1,481 Code Amendment 1 1 873 890 909 Planned Unit Development 8 1,531 1,812 2,093 Preliminary Plat 8 1,518 1,636 1,754 Preliminary Plat Revision or Time Extension 9 227 232 237 Final Plat 5 391 399 407 Time Extensions/Renewals 9 143 146 149 LICENSES DUE JANUARY 1st Commercial License 115 117 119 MISCELLANEOUS SERVICE CHARGES Woodlot Alteration Permit 1 14 14 14 Building Relocation 5 834 851 869 Moving Permit 3 54 55 56 Community Design Review Board: R1 & R2 15 Day Design Review Revision Other 8 1 3 16 456 216 190 702 725 280 194 716 994 344 198 731 On-Site Sewage Systems 6 68 69 70 Truth -In- Housi Filing Fee 100 31 32 33 Truth -In- Housing Evaluators License 29 107 109 ill Zoning Compliance Letter 24 24 25 Project Notification Sign 12 101 103 105 Front Yard Setback Authorization 154 157 160 Minor Construction Project 154 157 160 *Plus a surcharge for each affected property to pay for the County's filing fee for resolutions. PAEXCEL\M1SC\FEES_CD.XLS 11/17/2006 Exhibit A Page 3 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2005 Fee 2006 Fee 2007 Fee PUBLICATIONS (includes Sales Tax): Zoning Code 6 6 6 Platting Code 3 3 3 Sign Code 3 3 3 Comprehensive Plan 15 15 15 Zoning Map 11 11 11 City Map 3 3 3 Section Map 3 3 3 Planning Commission or Community Design Review Board: Minutes - Per Year Agenda Packet - Per Year Property Owner List 15 115 67 15 117 68 15 119 69 *Plus a surcharge for each affected property to pay for the County's filing fee for resolutions. PAEXCEL\M1SC\FEES 11/17/2006 =1016to� PLANNING FEES Section 1. Section 36 26 of the Zoning Code of the City of Maplewood is hereby amended eukd|ow Section 36 26. Fees. The following nonrefundable application fees shall berequired: Zone Change 1.304 Conditional Use Permit: R1&R2 997 Other 1.317 Conditional Use Permit Revision: R1 &R2 022 Other 1.107 Variances: R1&R2 869 Other 1.145 Front Yard Setback 371 Vacations: R1&R2 156 Other 607 Lot Divisions (Fee per lot oneatod): R1&R2 87 Other 324 Home Occupation Permit (initial permit) Initial permit 873 Annual permit 58 Comprehensive Plan Amendment 1.481 Code Amendment 009 Planned Unit Development 2.093 Preliminary Plat 1.754 Preliminary Plat Revision or Time Extension 237 Final Plat 407 TimeExkaneions/Renewa|u 149 Section 2. Section 36 258 of the sign code ivamended as follows: Section 36 258. Fees. ( The sign erection permit fee shall (per inspection) Section 3. This ordinance shall be effective on January 12UO7 Passed by the Maplewood City Council on 200 Clerk Mayor Ayes -- Agenda Item 13 TO: FROM: SUBJECT: LOCATION PROJECT: DATE: City Manager Ken Roberts, Planner Conditional Use Permit Review 3071 White Bear Avenue Jiffy Lube November 16, 2006 INTRODUCTION The conditional use permit (CUP) for a Jiffy Lube automotive service center near Maplewood Mall is due for review. The CUP is for an automotive maintenance garage in a BC (business commercial) zoning district. (See the maps on pages two through four and the city council minutes on pages five through eight.) BACKGROUND On October 28, 2002, the city council approved a CUP and the design plans for Jiffy Lube to build a new automotive service facility along the ring road near Maplewood Mall. (See the council minutes starting on page five.) This facility was to go where the Pizza Hut restaurant once stood. On October 27, 2003, the city council reviewed this CUP and agreed to review it again in one year. On November 8, 2004, the city council reviewed this CUP and agreed to review it again in one year. On November 28, 2005, the city council reviewed this CUP and agreed to review it again in one year. DISCUSSION The contractor has finished all the associated site work and all conditions of approval for this site have been met. Therefore, city staff recommends that the city review this permit again only if a problem develops or if the owner proposes a major change to the site. RECOMMENDATION Review the conditional use permit for the Jiffy Lube automobile maintenance garage at 3071 White Bear Avenue (near Maplewood Mall) again only if a problem arises or if the owner proposes a major change to the site. Kr /p:sec2 n112/jiffy lube CUP review.06 Attachments: 1. Location Map 2. Property Line Map 3. Revised Site Plan 4. October 28, 2002 City Council Minutes Attachment _ Attachment 2 COUNTY ROAD D Jiffy Lube 3071 White BearAvenue w a a w w w F M a WOODLYNN AVE Property Line Map LYDIA AVE . .. . . . > >. .� . . ?A d IN MINUTES MAPLEWOOD CITY COUNCIL Attachment 4 7:00 P.M., Monday, October 28, 2002 Council Chambers, Municipal Building Meeting No. 02 -23 A. 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 7:00 P.M. by Mayor Cardinal. A moment of silence was held in remembrance of the victims of the plane crash in Northern Minnesota on Friday, October 18, 2002. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 7 :15 p.m. Jiffy Lube (Maplewood Mall Ring Road) Conditional Use Permit Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Pearson provided the Planning Commission Report. d. Boardmember Shankar provided the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Reg Plowman of RJ Marco, 75 West Viking Drive, Little Canada Tom Schuette of Azure Properties e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving the conditional use hermit and design plans for a maintenance garage for Jiffy Lube along the ring road northeast of Maplewood Mall: City Council Meeting 10 -28 -02 RESOLUTION 02 -10 -170 CONDITIONAL USE PERMIT WHEREAS, Mr. Jim Lee, of RJ Marco Construction, applied for a conditional use permit to build a Jiffy Lube auto service facility (a vehicle maintenance garage). WHEREAS, this permit applies to the property that now has a vacant Pizza Hut Restaurant that is northeast of Maplewood Mall. The legal description is: Subject to easements, except East 167 feet and except the North 20 feet; Lot 15, Block 1, Maplewood Mall Addition (PIN 02- 29 -22 -21 -0014) WHEREAS, the history of this conditional use permit is as follows: 1. On October 7, 2002 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on October 28, 2002. 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 because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. City Council Meeting 10 -28 -02 0 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: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The council also approved the design plans (architectural, site and landscaping) for Jiffy Lube. The developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant must: a. Provide the following for the city engineer's approval: (1) A grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. The drainage plan shall include details about the preparation and final design of the rainwater garden. The plans for the water main must be approved by the Saint Paul Regional Water Services (SPRWS). (2) Revised plans showing a six - foot -wide concrete sidewalk along the north and east sides of the ring road (along the entire south and west sides of the property). This sidewalk should be set back at least five feet from the edge of the ring road and shall have pedestrian ramps where it meets a driveway or a roadway curb. b. Revise the plans to: (1) Show the sidewalk as required by the city engineer. (2) Show the location of in- ground lawn irrigation lines and sprinklers. (3) Change the west building elevation to delete the three -infill utility brick soldier panels. (4) Show a van - accessible handicap- parking space. c. Provide a screening plan for any roof -top or ground mechanical equipment that is visible from the ring road or adjacent properties. d. Submit color schemes and material samples to staff for approval. City Council Meeting 10 -28 -02 Submit a plan for the underground irrigation for all landscaped areas. This plan shall show the required sidewalk. This plan shall be subject to staff approval. Underground irrigation is required for all landscaped areas. f. Submit plans for the trash enclosure. These plans shall show that the enclosure will match the building in color and that it will have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 3. Complete the following before occupying the building: a. Replace property irons removed because of this construction. b. Install a reflectorized stop sign, a handicap - parking sign for each handicap- parking space and an address on the building. c. Screen all roof -top or ground mechanical equipment visible from the ring road or adjacent property. d. Install and maintain an in- ground irrigation system for all landscaped areas. e. Construct a trash dumpster enclosure and an opaque gate to meet code requirements, unless trash dumpsters are stored indoors. f. Install the concrete sidewalk with pedestrian ramps as required by the city engineer. 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 city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. The contractor shall complete any unfinished landscaping by June I if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. This approval does not include signage. All proposed signs must meet the requirements of the city's sign ordinance_ The applicant or the contractor must obtain all required sign permits before the contractor installs them. b. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes- Councilmembers Collins, Juenemann and Wasiluk Nays -Mayor Cardinal and Councilmember Koppen City Council Meeting 10 -28 -02 Agenda Item 14 TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: St. Paul Hmong Alliance Church LOCATION: 1770 McMenemy Street DATE: November 16, 2006 INTRODUCTION The conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street is due for review. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2003, the city council approved a CUP revision and design plans for this site. These requests were for the church to expand their parking lot to the south and to add a playground to their property. (Please see the minutes starting on page six.) September 13, 2004, the city council agreed to review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. On October 24, 2005, the city council reviewed this permit and agreed to review the permit again in one year. DISCUSSION The St. Paul Hmong Alliance Church has finished the parking lot expansion and all of the associated site work. The church recently met the request of city staff to repair the 100% opaque gate for their trash container enclosure and to restripe the driveway onto McMenemy Street. The church has completed all city - required improvements, and staff is not aware of any issues or concerns with this facility at this time. RECOMMENDATION Review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again only if a problem arises or if the owners propose a major change to the site. p:secl THmong Alliance Church CUP 2006 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Area Map 4. Site Plan 5. July 8, 2002 City Council Minutes Attachment 1 Location Map St Paul Hmon,d Alliance Church N Attachment 2 BELLWOODME Pao � Al EEFFIN mom 11 �1 i t ��1 1t7b 17 64 1711 1 Attachment 3 Area Map St Paul Hmont,�. Alliance Church N Attachment 4 4 0 4! I -a- f I r I w mss trtak #. w _ 5 fi dt k#e. {M dat# PROPOSED SITE PLAN MINUTES Attachment 5 MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02 -14 A. 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 7:08 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 7:30 p.m. (8:51 p.m.) Hmong Alliance Church {l 770 McMenemy Street) A. Conditional Use Permit Revision B. Design Approval City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. Jackie Monahan -Junk presented the Planning Commission Report. d_ Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kao Lee, representing the church, 2415 Cypress, Maplewood Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood Dick DuFresne, 1721 DeSoto Street, Maplewood Audrey Duellman, 1843 DeSoto Street, Maplewood Dick Friemuith, 1802 Burr Street, Maplewood James Evans, 1796 Burr Street, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Sullivan Kong, member of the Hmong Alliance Church from St. Paul Ge Her, 1391 Bradley Street, Maplewood Ye Her, 1768 McMenemy, Maplewood Christine Le, Member of the Church Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted Barry Morgan, Master Engineering, 2104 4th Avenue South, Minneapolis, for the Church Kao Lee, second appearance Kevin Berglund, second appearance 6 Dick DuFresne, second appearance Councilmember Koppen moved to adopt the resolution approving a conditional use permit for the parking lot and playground for St. Paul Hmong Alliance Church at 1770 McMenemy Street. RESOLUTION 02 -07 -127 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, and to add a playground to their property. WHEREAS, this permit allows the church and Sunday school. WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is: Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North 10 acres of Southwest 1/4 of Southwest 1/4 {subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 16698 feet to the place of beginning; excepting therefrom the West 342 feet thereof, and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: On November 24, 1986, the city council granted a conditional use permit for a church at this location. 2. On June 17, 2002, the planning commission recommended that the city council approve this permit revision, except the addition of the new driveway to DeSoto Street. 3. The city council held a public hearing on July 8, 2002. 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 approves the above - described conditional use permit revision, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, and the proposed playground. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the driveway to Desoto Street, the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot from adjacent homes by planting, berming or both. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to approve the design plans for the proposed parking lot, and playground for St. Paul Hmong Alliance Church. This approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot, provide for staff approval the following plans: a. A revised landscape plan that shows the following: (1) Significant screening and landscaping along the south side of the parking lot in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished with a fence, berming or trees. (2) The use of native turf for the proposed ponding areas with additional landscaping in and around the eastern pond. b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees in accordance with the woodland protection ordinance. A revised lighting plan that shows the style and height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that the lighting would not exceed the maximum illumination as allowed by code (0.4- foot - candles) at the property lines. & A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that is 100 percent opaque. e. A playground layout plan that includes the location and style of playground equipment. 1. Resod the lawn that is disturbed by construction activities. 2. Restripe the driveway onto McMenemy Street to include a turn lane. 3. Construct the required trash container enclosure. 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 city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 7. All work shall follow the approved plans. The director of community development may approve minor changes. 9 Seconded by Councilmember Wasiluk Councilmember Koppen moved to Seconded by Councilmember Collins Ayes -All the driveway access onto DeSoto Street. Ayes -All Denial of driveway request is because of concern that DeSoto is not currently designed /built to carry additional traffic. When improvements are planned and completed on DeSoto Street, the church could then make a request for an access. City Manager Fursman noted that if additional design features are made for the McMenemy entrance, those could be bought back to the staff for modification. Councilmember Wasiluk moved to extend the meeting to complete the agenda Seconded by Councilmember Koppen Ayes -All im Agenda Item 15 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Maple Leaf Ridge Business Center — Conditional Use Permit Review LOCATION: 2475, 2485 & 2495 Maplewood Drive DATE: November 16, 2006 INTRODUCTION The conditional use permit (CUP) for the Maple Leaf Ridge Business Center is due for its one - year review. This development consists of three office condominium buildings. Building #1, closest to Highway 61, is a 9,120 square foot, two -story building, Building #2, the center building, is a 13,440 square foot, one -story building and Building #3, the westerly building, is a 16,320 square foot, two -story building. These buildings have all been built and the site work is complete. The buildings are not yet fully occupied. This CUP was to allow a reduced setback from the residential lot property line to the west. The code requires that buildings in M1 (light manufacturing) districts be 350 feet or more from abutting residential property, unless a CUP is granted. The westerly building is 250 feet from the abutting residential lot line. Refer to the attachments. BACKGROUND November 28, 2005: The city council approved the CUP for this development. Refer to the attached minutes. DISCUSSION During the construction and site work this past summer, the neighbors to the west raised concerns about the landscaping being installed. This was very hot and dry summer and the neighbors felt that the evergreens planted as a buffer would not survive the summer heat and would not provide a suitable buffer. Staff worked with the neighbors and the developer to make sure that the buffer of trees met the plan. There is still the question of survival over the winter months. Staff is holding $52,500 in escrow to guarantee that trees will be replaced that may not survive the winter. Staff recommends that the city council review this CUP in one year to check on the status of tree survival and overall compliance with the CUP conditions. RECOMMENDATION Review the conditional use permit for the Maple Leaf Ridge Business Center in one year. p:sec9\Maple Leaf Ridge Office Condos CUP Rev 11 06 Attachments 1. Location Map 2. Site Plan 3. Building Elevations 4. CC minutes of November 28, 2005 i79 q m Pq coDEMONT AVE (n 0) LLJ x 20 CL SEXTANT AV- Maple Leaf Ridge Business Center 06 GERVAIS AVE IF 1 I ...... ... .... bAnCA� . ..... . . .. — ---- . . . ......... . .... . ........ .. . ............... ... ..... ........... . ...... ........ N 2 T-i MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 28, 2005 Council Chambers, City Hall Meeting No. 05 -26 2. Maple Leaf Ridge Business Center (2483 and 2497 Maplewood Drive) a. Conditional Use Permit b. Design Approval a. City Manager Fursman presented the report. b. Planner Finwall presented specifics from the report. C. Commissioner Trippler, presented the Planning Commission Report d. Boardmember Heights presented the Community Design Review Board report e. Jim Kellison, Kelco Real Estate Development Services, was present for council questions. Missy O'Connor, 2506 Adele Street, Maplewood Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit for a proposed building setback of 250 feet from the rear lot line for an office /industrial condominium development at 2488 and 2497 Maplewood Drive. The motion includes the limitation of delivery times to exclude early morning and evening hours: CONDITIONAL USE PERMIT RESOLUTION 05 -11 -469 WHEREAS, Kelco Real Estate Development Services has applied for a conditional use permit to be allowed to build an office/industrial complex 250 feet from the abutting residential district. The code requires 350 feet. WHEREAS, this permit applies to the property at 2488 and 2497 Maplewood Drive. The legal description is: W. H. HOWARD'S GARDEN LOTS EX STH 61 -1 N 85 FT OF LOT 3. W. H. HOWARD'S GARDEN LOTS EX STH 61 -1 AND EX N 85 FT LOT 3. WHEREAS, the history of this conditional use permit is as follows: 1. On October 17, 2005, 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 planning commission considered the recommendations of city staff and the public. 2. The city council reviewed this request on November 28, 2005 and considered the recommendations of the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit because: City Council 11 -28 -05 The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city has date - stamped October 11, 2005 and the lighting plan date - stamped November 21, 2405. 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. The city's hours for noise control as stated in Section 18 -111 of the city code shall be complied with. This means that there shall be no noise generated between the hours of 7 p.m. and 7 a.m. Monday through Saturday and all day Sunday. The applicant's sale or lease agreements should specify this. 5. The site lights, west of Building #3, the westerly building, shall be turned off after 10 p.m. unless required to be on by the police department for security reasons. The lights on the west side of Building #3 shall also be of a design that conceals the lens and bulbs of these light fixtures. Light - intensity maximums must meet code requirements. The lighting plan must be coordinated with the Police Department. 6. Combine the two legal descriptions into one legally - described lot prior to obtaining a building permit for this development. City Council 11 -28 -05 7. The applicant must provide a revised landscaping plan for Community Design Review Board approval that provides a landscaping /screening plan, including a double row of trees along the west boundary, which provides a visual screen that is at least 80 percent opaque and six feet tall upon installation. If the double row of trees does not accomplish this, additional screening must be provided. This screen shall be an all- season screen that may include decorative fencing, berming and evergreen trees. This visual screen shall be provided along the rear of the property and shall extend from there along both side lot lines to the rear setback line of Building #3. This plan may take into account existing vegetation and existing screening. 8. Meet all requirements of the community design review board and city code for architectural design, landscaping, site lighting and parking. 9. Meet all requirements of the city engineer for site grading, drainage, erosion control, dust control, utilities and removal of roadway dirt build -up. 10. Outdoor storage of any materials shall not be allowed unless a conditional use permit for outdoor storage is obtained from the city council. Seconded by Councilmember Koppen Ayes-Council members Bartol, Juenemann, Koppen and Rossbach Abstain -Mayor Cardinal Councilmember Koppen moved to approve the site plan date- stamped October 11, 2005, and the lighting plan date- stamped November 21, 2005. Approval is subject to the applicantldeveloper complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all conditions of Chuck Vermeersch's engineering report dated October 17, 2005. 3. Obtain necessary permits from the Minnesota Department of Transportation before the issuance of a building permit. 4. Obtain a permit from the Ramsey /Washington Metro Watershed District before the issuance of a building permit. 5. Provide fencing on the top of all retaining walls that exceed four feet in height. The fencing shall be a black chain link fence at least 3.5 feet tall. Retaining walls that exceed four feet in height must be designed by a structural engineer, and the applicant must obtain a building permit. 6. The applicant must provide a revised landscaping plan for Community Design Review Board approval that provides a landscaping /screening plan, including a double row of trees along the west boundary, which provides a visual screen that is at least 80 percent opaque and six feet tall upon installation. If the double row of trees does not accomplish this, additional screening must be provided. This screen shall be an all- season screen that may include decorative fencing, berming and evergreen trees. This visual screen shall be provided along the rear of the property and shall extend from there along both side lot lines to the rear setback line of Building #3. This plan may take into account existing vegetation and existing screening. 7. Obtain approval of a comprehensive sign plan from the community design review board before any sign permits may be issued. 8. Submit a complete lighting plan to staff for approval. The site lights, west of Building #3, the westerly building, shall be turned off after 10 p.m. unless required to be on by the police department for security reasons. The lights on the west side of Building #3 shall also be of a design that City Council 11 -28 -05 conceals the lens and bulbs of these light fixtures. Light- intensity maximums must meet code requirements. The lighting plan must be coordinated with the Police Department. 9. Provide a revised landscaping plan for approval by the Community Design Review Board for the area along the street frontage, increasing the amount of plantings in this area. 10. The applicant must provide an in- ground irrigation system as required by code. The area around the pond does not need to be sprinklered. 11. The rear elevations of all buildings, and any parts of the side elevations that are rock -face block, must be painted to match the front building colors. 12. 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. 13. All customer parking spaces must be at least 9 1 /2 feet wide. Employee parking spaces may be nine feet wide if signs are posted identifying them as employee parking only. 14. The community design review board shall approve major changes to these plans. Minor changes may be approved by staff. 15. On Building #3, the west, north and south elevations shall incorporate the same CMU (concrete masonry unit) band as proposed on the front to wrap around the entire building. Seconded by Councilmember Rossbach Ayes-Council members Bartol, Juenemann, Koppen and Rossbach Abstain -Mayor Cardinal City Council 11 -28 -05 Agenda #1 -6 AGENDA REPORT To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Donation to Police Department -3M Driver Feedback Sign Date: November 16, 2006 Introduction The Police Department has received a donation of one 3M Driver Feedback sign and associated installation hardware from 3M's Traffic Safety Systems Division. City Council approval is required before this donation can be accepted. In an effort to help reduce traffic speed and accidents in Maplewood near the 3M Center on Minnehaha Avenue between McKnight Road and Ferndale Avenue, 3M has donated a 3M Driver Feedback Sign and associated installation hardware to the Police Department. The value of this donation is $6,150. The location for the placement of this sign was selected after 3M personnel consulted with our department, and it is intended to help provide increased safety for 3M Center employees. 3M will do the installation of the sign, and the City will be responsible for the maintenance of the sign. Recommendation It is recommended that City Council approval be given to accept this donation from 3M. Action Required Submit to the City Council for review and action. DJT:js AGENDA REPORT To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Donation For Police Department Seminar Date: November 16, 2006 Introduction Agenda #1 -7 The Police Department has received an additional donation for the Protecting Children From Sexual Offenders seminar that it hosted on October 28, and City Council approval is required before the donation can be accepted. Background On October 28, the Maplewood Police Department, in conjunction with the Jacob Wetterling Foundation, hosted a free educational seminar entitled Protecting Children From Sexual Offenders. The seminar was open to the public and was held at the Maplewood Community Center. Target Corporation has donated $500 to help defray the costs of hosting this event, and City Council approval is required before this donation can be accepted. Recommendation It is recommended that City Council approval be given to accept this donation and that the necessary budget adjustments be made so the funds can be expended as intended. Action Required Submit to the City Council for review and action. DJT:js AGENDA REPORT To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Metro Gang Strike Force Joint Powers Agreement Date: November 20, 2006 Introduction U.- .. The Police Department wishes to enter into a Joint Powers Agreement with the Metro Gang Strike Force, and City Council approval is required before this can be done. Icy... .I The Police Department recently received a $40,000 grant for a Gang Officer through the Metro Gang Strike Force. Before an officer can be assigned to participate in this position, the department is required to enter into a Joint Powers Agreement with the Gang Strike Force. A copy of the Agreement is attached for your review. The City Attorney has reviewed and approved this Joint Powers Agreement. Recommendation It is recommended that the City Council approve our participation in this Joint Powers Agreement with the Metro Gang Strike Force. Action Required Submit to the City Council for review and action. DJT:js JOINT POWERS AGREEMENT CREATING THE METRO GANG STRIKE FORCE This is an agreement between the political sub - divisions and municipalities referenced in Appendix A. and (hereinafter collectively referred to as "the Parties "). WHEREAS, The Parties each have law enforcement agencies (hereinafter collectively referred to as "the Agencies ") with police powers within their respective jurisdictions and these Agencies are responsible for the enforcement of all laws dealing with gang or related criminal violations in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint strike force for the purpose of more efficiently and effectively enforcing laws dealing with any and all crimes committed by gangs or for the benefit of gangs by investigating and prosecuting such criminal activity, especially felonies that have the likelihood of being related to gang crime; and; NOW THEREFORE, Pursuant to the authority contained in Minnesota Statutes §471.59, commonly known as the Joint Powers Act, and §299A.641 subd.3, and in consideration of the mutual covenants herein contained and the benefits that each party shall derive hereby, the Parties agree as follows: PURPOSE OF THE AGREEMENT The purpose of this agreement is to establish the Metro Gang Strike Force as an organization to coordinate efforts to prevent gang activity and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang and to define the rights and obligations of the Parties with respect to the duties and activities performed by the Metro Gang Strike Force throughout the term of the agreement. 2. METRO GANG STRIKE FORCE The Metro Gang Strike Force (hereinafter "MGSF ") is hereby established by the Parties to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang. Other cities, counties, and public entities may apply for membership in the MGSF by formal application to the Gang and Drug Oversight Council (described herein) and the Commissioner of Public Safety. Submission of an application constitutes agreement by the applicant to all provisions set forth in this agreement and the recommendation of at least one fulltime licensed peace officer to the MGSF. Participation in the MGSF must be recommended by the Gang and Drug Oversight Council and approved by the Commissioner of Public Safety. 3. GOOD FAITH The Parties and the Agencies shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. 4. TERM OF AGREEMENT /TERMINATION 4.1 The Initial Term of this Agreement shall be for a 12 month and three day period from December 29, 2005 through December 31, 2006. 4.2 This Agreement shall automatically renew each year ( "Renewal Term ") for up to five years unless the MGSF Advisory Board and the Gang and Drug Oversight Council determine adequate funding is not provided by the Minnesota Legislature and/or the Parties to this Agreement. Notice of inadequate funding must be provided to the Parties at least sixty (60) days prior to termination of this agreement. This Agreement will not automatically renew if a majority of the then - current members give written notice to the other Parties of their intent to not renew at least sixty (60) days prior to the end of the then - current Initial Term or any Renewal Term. 4.3 A member may withdraw, within the terms of this agreement, upon sixty (60) days notice to the other Parties. 4.4 Upon withdrawal of a Party, all property of the withdrawing Party shall be returned. A withdrawing Party shall have no claim to any property or assets owned or held by the MGSF. 4.5 In the event that the MGSF is dissolved, all property owned by the MGSF shall be distributed to the Agencies currently participating in the MGSF. The MGSF Board will determine the distribution of property on a pro -rated basis, based upon the length of participation of Agencies and the number of Agency officers assigned to the MGSF. Property of the Agencies or the Parties that had been loaned for use by the MGSF shall be returned to the contributor. 5. MGSF GOVERNING BOARDS 5.1 The Gang and Drug Oversight Council, as established by the act of the 2005 Minnesota Legislature (Minnesota Statute §299A.641), will approve an overall budget for the Metro Gang Strike Force and provide strategic guidance related to the investigation and prosecution of crimes committed by a gang or for the benefit of a gang by the MGSF. Authority, composition and duties of the Gang and Drug Oversight Council is established and defined in Minnesota Statutes §299A.641. 5.2 An Advisory Board (hereinafter `Board" ) , consisting of the Chief Law Enforcement Officer, or their designee, of each participating Agency will be established to select and supervise the Metro Commander, approve the selection of participating officers, set the priorities for the work of the MGSF and approve all expenditures of the Metro Gang Strike Force. The Board will develop By -laws to address Board operations and specific policies and procedures unique to the MGSF. 5.3 The Board will elect a chair and vice chair from among its members. 5.4 Each agency on the board will have one vote. A simple majority will rule. In the event of a tie vote, the vote of the chair will control. 5.5 The Board shall convene on, at minimum, a quarterly basis to review the operations, program business, and status of program goals of the MGSF. The Board has the authority to meet more often if the chair determines it is appropriate. 6. MGSF OPERATIONS 6.1 Daily operation and responsibility for carrying out the operations of the MGSF shall be under the direction and command of the Metro Commander. The Metro Commander will work in cooperation with the Statewide Coordinator. 6.2 The Board will select the Metro Commander and the Metro Commander serves at the pleasure of the Board. The Commander will be expected to provide effective leadership and administrative coordination; direct officer assignments; oversee field operations, foster communication and cooperation with other law enforcement agencies in and outside the geographic region; and identify and facilitate necessary training for MGSF officers. 6.3 The Metro Commander will plan and coordinate case activities and direct investigative activities of the MGSF based on intelligence provided by the Agencies, with priorities as determined by the Advisory Board acting in concert with the strategy, policies and guidance established by the Gang and Drug Oversight Council. 6.4 To protect the integrity of investigations and to ensure that the goals, operations and objectives of the MGSF are properly represented; requests for information by the media will be handled by the Metro Commander or their specific designee in accordance with a media policy established by the Board. 7. FUNDING 7.1 MGSF operational requirements, to include sworn personnel and necessary equipment, will be funded first, to the extent possible, by grants as authorized by the Commissioner of Public Safety upon recommendation of the Gang and Drug Oversight Council, and by any other funding sources recognized by state statute or received by any of the members or Agencies on behalf of the MGSF. 7.2 All assets received through seizure, forfeiture, restitution or fines that are derived from the operation of the MGSF will remain the property of the Strike Force and will be used for the furtherance of MGSF efforts. In cases where the MGSF cooperates with another jurisdiction, such as another task force or local state or federal agency, the Metro Commander and representatives of other agencies will negotiate a split based upon the amount of effort expended in the investigation and will document their agreement. In the case of federal forfeiture actions, established federal rules shall be followed. Policies regarding the collection, reporting, use and disbursement of all MGSF assets referenced above, will be dictated by the Board subject to compliance with applicable laws. 7.3 Participating agencies agree to individually assume any of their remaining Agency funding deficits incurred by the assignment of their Agency personnel or equipment to the MGSF, provided that nothing herein precludes any Agency from contributing funds, equipment, or in -kind services in excess of that necessary to fund its own deficit. Grants funds allocated to each Agency may be used to cover salary, overtime and vehicle costs. 7.4 The Advisory Board shall select a fiscal agent. The Fiscal Agent shall be charged with the responsibility of serving as the depository for MGSF funds, procuring and paying for budgeted services and supplies, as approved by the Metro Gang Strike Force Advisory Board, keeping all financial records and filing required reports in connection with grant funding. The Fiscal Agent shall be responsible for strict accountability of all MGSF funds, and for the reporting of all receipts and disbursements. The Board shall receive a quarterly financial report of all receipts and expenditures and current fund balances from the Fiscal Agent. In addition, the books, records and reports shall be open to inspection by the Agencies at all reasonable times. 8. MGSF PERSONNEL 8.1 The Parties shall recommend licensed peace officers or qualified federal law enforcement officers, as appropriate, and other personnel to the MGSF as agreed upon to carry out its purpose and to perform its responsibilities under this Agreement. Officers must be approved by the Board. 8.2 All personnel assigned to the MGSF ("MGSF Personnel ") shall remain employees of the agency assigning the personnel and shall not be considered temporary or permanent employees of any of the other Parties or the MGSF for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re- employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Parties acknowledge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behalf of the MGSF. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re- employment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid leave of absences. 8.3 Parties assigning peace officers as MGSF Personnel must provide each peace officer with a vehicle and equipment necessary to perform required police functions. 8.4 As directed by the Metro Commander, MGSF Personnel will be responsible for gang or gang - related prevention activities; directed patrol; and investigations; including intelligence management, case development, and the presenting of cases for charging to the appropriate prosecuting authority. MGSF Personnel may also assist other law enforcement agencies in surveillance and undercover operations. MGSF Personnel will work cooperatively with assisting agencies. 8.5 As authorized by Minnesota Statute §299A.641 subd. 6, law enforcement officers participating in the MGSF have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff. 8.6 All MGSF Personnel shall follow rules of conduct and operational guidance developed by the Gang and Drug Oversight Council and any policies and procedures adopted by the Board. Where Agency rules, regulations and policies of the Parties conflict with those established by the MGSF, the Board will be notified and a resolution will be negotiated between the MGSF and the affected Agency. 8.7 The Metro Commander or a designee shall refer disciplinary matters involving MGSF Personnel to the person's originating agency for investigation and disposition unless, based on the judgment of the Metro Commander, or his/her designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. The Metro Commander may exclude contributed members from further involvement in the MGSF subject to review by the Board and approval of the contributing agency. 9. LOCATION MGSF activities shall take place out of a central location to be agreed to by the Agencies and with the concurrence of the Gang and Drug Oversight Council. 10. ADVISOR The Board shall designate an attorney to advise the Board and provide civil legal advice to the MGSF, as and if required. 11. DISPUTE RESOLUTION Disputes between MGSF personnel that cannot be resolved among MGSF Personnel shall be referred to the Metro Commander, whose decision shall be final. 12. INSURANCE 12.1 Liability coverage. MGSF will maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,000,000 per occurrence, under standard LMCIT liability coverage forms. Alternately, MGSF may maintain equivalent private liability insurance coverage. Such coverage may be provided through separate policies for commercial general liability (CGL), public officials' errors and omissions, and law enforcement liability. All liability insurance policies must comply with the following requirements: Each policy shall have a limit of at least $1 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, and contractually- assumed liability. Each Party, and each Party's officers, employees, and volunteers, shall be named as additional covered parties on each policy. 12.2 Auto coverage. MGSF shall maintain automobile liability coverage with a limit of not less than $1,000,000 each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. Each Party, and each Party's officers, employees, and volunteers, shall be named as additional covered parties on the policy. 12.3 Property coverage. MGSF will maintain all risk property coverage for full replacement value on property owned by MSGF. The insurer shall waive subrogation against any Party. 12.4 Workers compensation. If MGSF at any time hires employees, MGSF will immediately acquire and maintain workers compensation coverage. 13. INDEMNIFICATION AND WAIVER 13.1 MGSF waives any claim against any Party for damage to MGSF's property or injury o MGSF's employees, even if that damage or injury was caused by the negligence of the Party or the Party's officers, employees, or volunteers. Each Party waives any claim against MGSF or against any other Party for damage to the Party's property or injury to the Party's employees, even if that damage or injury was caused by the negligence of the other Party or the Party's officers, employees, or volunteers. 13.2 MGSF will defend and indemnify any Party against any claims brought or actions filed against the Party or their respective officers, employees, or volunteers, for injury to, death of, or damage to the property of any other person or persons, arising from decisions of the MGSF Board or from any operations for which MGSF is responsible. Any Party, officer, employee or volunteer subject to such claim shall provide complete disclosure and cooperation in the defense of the claim. 13.3 In the event that the total liability of the MGSF, its Parties, and their officers, employees, and volunteers for claims arising from the activities of the Task Force should exceed the coverage limit or in the event of liability that is not covered by the MGSF's coverage, the parties agree to share that excess or uncovered liability equally; but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing in this agreement shall be construed as a waiver by the MGSF or by any Party of any applicable liability limit, immunity, or defense. This expressly includes the provisions of Minnesota Statutes Chapter 466 and any other applicable state or federal statute or case law It is understood and agreed that each Party's liability shall be limited by the provisions of Minnesota Statute Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. In the event of any claims or actions filed against the MGSF and/or any individual Party for any operations for which the MGSF is responsible, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate statutory liability caps from the MGSF and/or individual Parties. The MGSF is intended as a separate liability entity which limits the liability of individual Parties. 14. NOTICE Any notice to be given under the terms of this Agreement shall be made by personal delivery or by first class mail to the Chief Law Enforcement Officer of each participating agency. 15. EFFECTIVE DATE This Joint Powers Agreement will become effective upon the date of execution of a participating Agency by their duly authorized official, but in no event prior to December 29, 2005. 16. ADDITION AND REMOVAL OF PARTIES LISTED IN APPENDIX A Appendix A to this Agreement lists the Parties and contains signatures of representatives of each Party. Appendix A may be amended by the Board, upon recommendation of the Gang and Drug Oversight Council and approval of the Commissioner of Public Safety, without additional signatures by representatives of the Parties. Amendments to Appendix A may be made only to add additional parties or remove withdrawing parties. IN WITNESS THEREOF, the parties listed in Appendix A to this Agreement, by action of their governing bodies, or their authorized designees, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Agenda Item 19 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Troutland Auto Dealers (Lexus of Maplewood), City Project 05 -13, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement DATE: October 15, 2006 INTRODUCTION Bloomer Properties, LLC has made application to the Board of Water Commissioners of the City of Saint Paul to supply water to their property known as Lexus of Maplewood, Lot 1, Block 1, Trout Land. DISCUSSION The attached private water main agreement between Bloomer Properties, 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 Bloomer Properties, LLC property known as Lexus of Maplewood. 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 Bloomer Properties, LLC. Upon approval, permission will be granted to Bloomer Properties, 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 Bloomer Properties, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. Attachment: 1. Private water Main Agreement 2. Location Map THIS AGREEMENT, made this 14th day of November, 2006 by and between BLOOMER PROPERTIES, 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 "): Lot 1, Block 1, Trout Land, 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. The Owner does hereby convey and grant to Maplewood and the Board a perpetual water main easement in, under, through, and over and across 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. Said private water main shall extend from East County Road D to approximately 410 feet north, as shown 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 4. Owner agrees it shall be jointly and severally liable with adjoining landowners or users for all necessary maintenance, repairs, operation and/or replacement of the private water main and service connections. All such maintenance, repairs, operation and /or replacement shall be at the sole cost and expense of the Owner and adjoining landowners or users, and shall be performed 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 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. 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. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Bloomer Properties, LLC 16200 Wayzata Blvd. Wayzata, MN 55391 -0025 14. 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.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day first shown above. For Owner: BLOOMER PROPERTIES, LLC I' z Its: William S. Bloomer III, Manager STATE OF MINNESOTA ) Ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2006, by William S. Bloomer III, Manager, on behalf of Bloomer Properties, LLC, a Minnesota Limited Liability Company, on behalf of the company. Signature of person taking acknowledgment VA For Maplewood: STATE OF MINNESOTA COUNTY OF SS. CITY OF MAPLEWOOD Diana Longrie, Mayor 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 LIZA Greg Copeland, Interim City Manager The foregoing instrument was acknowledged before me this day of , 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 For the Board: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Form Approved: Assistant City Attorney City of Saint Paul I' z Patrick Harris, President wa Janet Lindgren, Secretary STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA } } Ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment 9 G 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 10 CONSENT 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 ) ma Its: : Its: The foregoing instrument was acknowledged before me this _ day of , 2006, by the and and , respectively of it behalf of the corporation. THIS INSTRUMENT NN AS DRAFTED BY: Saint Paul Regional Water Services 1900 Rice Street Saint Paul, Minnesota 55113 Phone: 651- 266 -6370 corporation, on Signature of person taking acknowledgment II J U 0 O o z _ � t Z 0 N i� �e � Cam., uj W N Lo ~� m V O Easement Drawing Agenda Item 110 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Troutland Auto Dealers (Bloomer Properties), City Project 05 -13, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement DATE: November 15, 2006 INTRODUCTION Bloomer Properties, LLC has made application to the Board of Water Commissioners of the City of Saint Paul to supply water to their undeveloped property described as Lot 2, Block 1, Trout Land. DISCUSSION The attached private water main agreement between Bloomer Properties, 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 Bloomer Properties, LLC to property which is currently undeveloped, but is stubbed in for water. 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 Bloomer Properties, LLC. Upon approval, permission will be granted to Bloomer Properties, 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 Bloomer Properties, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. Attachment: 1. Private Water Main Agreement 2. Location Map THIS AGREEMENT, made this 14th day of November, 2006 by and between BLOOMER PROPERTIES, 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"): Lot 2, Block 1, Trout Land, according to the recorded plat thereof, Ramsey County, Minnesota. 1 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. The Owner does hereby convey and grant to Maplewood and the Board a perpetual water main easement in, under, through, and over and across 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. Said private water main shall extend from East County Road D to approximately 414 feet north, as shown 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. 4. Owner agrees it shall be jointly and severally liable with adjoining landowners or users for all necessary maintenance, repairs, operation and/or replacement of the private water main and service connections. All such maintenance, repairs, operation and /or replacement shall be at the sole cost and expense of the Owner and adjoining landowners or users, and shall be performed in 2 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 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 3 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. 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 4 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. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other parry, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Bloomer Properties, LLC 16200 Wayzata Blvd. Wayzata, MN 55391 -0025 5 14. 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.] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day first shown above. For Owner: BLOOMER PROPERTIES, LLC G Its: William S. Bloomer III, Manager STATE OF MINNESOTA ) Ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by William S. Bloomer III, Manager, on behalf of Bloomer Properties, LLC, a Minnesota Limited Liability Company, on behalf of the company. Signature of person taking acknowledgment VA For Maplewood: STATE OF MINNESOTA COUNTY OF } SS. CITY OF MAPLEWOOD : Diana Longrie, Mayor 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 Greg Copeland, Interim City Manager ma The foregoing instrument was acknowledged before me this day of , 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 For the Board: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Form Approved: Assistant City Attorney City of Saint Paul Patrick Harris, President RA Janet Lindgren, Secretary STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA ) ) Ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment 9 G 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 10 CONSENT 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. ma Its: : Its: STATE OF MINNESOTA ) Ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by the behalf of the corporation. corporation, on Signature of person taking acknowledgment THIS INSTRUMENT WAS DRAFTED BY: Saint Paul Regional Water Services 1900 Rice Street Saint Paul, Minnesota 55113 Phone: 651- 266 -6270 and and , respectively of II J U 0 O o z _ � t Z 0 N i� �e � Cam., uj W N Lo ~� m V O Easement Drawing Agenda Item 111 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Maplewood Retail Center, City Project 05 -30, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement DATE: October 15, 2006 INTRODUCTION Troutland, LLC has made application to the Board of Water Commissioners of the City of Saint Paul to supply water to their property known as Maplewood Retail Center, Lot 3, Block 1, Trout Land, according to the recorded plat, Ramsey County, Minnesota. DISCUSSION The attached private water main agreement between Troutland, 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 Troutland, LLC to property, known as the Maplewood Retail 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 Troutland, LLC. Upon approval, permission will be granted to Troutland, 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 Troutland, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. Attachment: 1. Private Water Main Agreement 2. Location Map THIS AGREEMENT, made this 14th day of November, 2006 by and between TROUT LAND, 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"): Lot 3, Block 1, Trout Land, according to the recorded plat thereof, Ramsey County, Minnesota. 1 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. The Owner does hereby convey and grant to Maplewood and the Board a perpetual water main easement in, under, through, and over and across 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. Said private water main shall extend from East County Road D to approximately 414 feet north, as shown 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. 4. Owner agrees it shall be jointly and severally liable with adjoining landowners or users for all necessary maintenance, repairs, operation and/or replacement of the private water main and service connections. All such maintenance, repairs, operation and /or replacement shall be at the sole cost and expense of the Owner and adjoining landowners or users, and shall be performed in 2 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 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 3 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. 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 4 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. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1902 County Road B East Maplewood, MN 55109 5 As to the Landowner: Trout Land LLC c/o Kami Inc. 2695 Town Lake Drive Woodbury, MN 55125 14. 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.] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day first shown above. For Owner: TROUT LAND, LLC Its: Gonzalo Medina, Chief Manager STATE OF MINNESOTA ) Ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by Gonzalo Median, Chief Manager, on behalf of Trout Land, LLC, a Minnesota Limited Liability Company, on behalf of the company. Signature of person taking acknowledgment VA For Maplewood: STATE OF MINNESOTA COUNTY OF } SS. CITY OF MAPLEWOOD in Diana Longrie, Mayor 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 : Greg Copeland, Interim City Manager The foregoing instrument was acknowledged before me this day of 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 For the Board: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Form Approved: Assistant City Attorney City of Saint Paul C Patrick Harris, President C Janet Lindgren, Secretary STATE OF MINNESOTA } } SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment 9 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 10 CONSENT 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 ) ma Its: : Its: The foregoing instrument was acknowledged before me this _ day of , 2006, by the and and , respectively of it behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Saint Paul Regional Water Sert -ices 1900 Rice Street Saint Paul, Minnesota 55113 Phone: 651 - 266 -6270 corporation, on Signature of person taking acknowledgment II J U 0 O o z _ � t Z 0 N i� �e � Cam., uj W N Lo ~� m V O Easement Drawing Agenda Item 112 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Cottagewood, City Project 06 -08, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement DATE: November 15, 2006 INTRODUCTION Lauren & Company Development, LTD, has made application to the Board of Water Commissioners of the City of Saint Paul to supply water to their property known as Lots 1 thru 8, Block 1, Lots 1 thru 7, Block 2, Cottagewood. DISCUSSION The attached private water main agreement between Lauren & Company Development, LTD, 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 Lauren & Company Development, LTD to property, known as Cottagewood. 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 Lauren & Company Development, LTD. Upon approval, permission will be granted to Lauren & Company Development, LTD 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 Lauren & Company Development, LTD, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. Attachment: 1. Private Water Main Agreement 2. Location Map THIS AGREEMENT, made this 11th day of November, 2006 by and between LAUREN & COMPANY DEVELOPMENT, LTD, a Minnesota domestic corporation ( "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 "): 1 Lots 1 thru 8, Block 1, Lots 1 thru 7, Block 2, COTTAGEWOOD, 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. 4. All necessary maintenance, repairs, operation and/or replacement of the main and service connections shall be borne by Owner at its sole cost and expense, in strict accordance with plans 2 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 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 3 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 aproportionate 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. 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 4 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. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other parry, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 5 As to the Landowner: Phillip Soby, President Lauren & Company Development, LTD 200 Chestnut Street Stillwater, MN 55082 14. 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.] 6 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 } LAUREN & COMPANY DEVELOPMENT, LTD I' z Phillip Soby, President The foregoing instrument was acknowledged before me this day of , 2006, by Phil Soby, President, Lauren & Company Development, LTD, a Minnesota domestic corporation, on behalf of the corporation. Signature of person taking acknowledgment VA For Maplewood: STATE OF MINNESOTA COUNTY OF SS. CITY OF MAPLEWOOD Diana Longrie, Mayor 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 Greg Copeland, Interim City Manager ma The foregoing instrument was acknowledged before me this day of , 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 For the Board: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Form Approved: Assistant City Attorney City of Saint Paul C Patrick Harris, President C Janet Lindgren, Secretary STATE OF MINNESOTA } ) Ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2006, by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment STATE OF MINNESOTA } } SS. COUNTY OF RAMSEY } The foregoing instrument was acknowledged before me this day of 2006, by Janet Lindgren, Secretary, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation_ Signature of person taking acknowledgment 9 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 10 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. : Its: ma Its: STATE OF MINNESOTA ) Ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by the behalf of the corporation. corporation, on Signature of person taking acknowledgment THIS INSTRUMENT WAS DRAFTED BY: Saint Paul Regional water Senrices 1900 Rice Street Saint Paul, Minnesota 55113 Phone: 651- 266 -6270 and and , respectively of II O � LOCATION MAP 11 I it' -%Rklk Agenda Item 113 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: AutoCAD 2007 Subscription Renewal Authorization for Purchase of AutoCAD 2007 Subscription Renewal DATE: November 15, 2006 INTRODUCTION Staff in the Engineering Department is dependent on AutoCAD software for day to day operations such as mapping, updating standard plates and street and utility design. It is recommended that the Council authorize the purchase of the AutoCAD 2007 software upgrades. BACKGROUND Every year upgrades are available for AutoCAD software. If the software upgrades are not purchased annually, the city will be required to purchase the entire AutoCAD program again, at great expense. It is more economical to purchase upgrades annually. The city must purchase the software through the authorized AutoCAD dealer, DLT solutions. The cost of the 2007 upgrade is $5,856.00. Funds are available in the 2006 Engineering Program for this cost. AutoCAD is vital to the engineering department and having the most current software allows staff to work more efficiently. AutoCAD is used for creating city maps, standard plates, as- builts, and for designing plans for the city's street projects. RECOMMENDATION It is recommended that the Council authorize the purchase of the AutoCAD 2007 software upgrades for $5,856.00. Attachments: 1. AutoCAD quote from DLT Solutions 3101368 08/09/2006 KLUL Price Quotation 11/18/2006 Ms, Erin Lab eree City of Maplewood 1902 County Road B East Maplewood, MN 55109 (651) 249-2404 (65' j 2 449-2 7 409 erin,] aberee@c:i maPI e rn.us Ervin So DILT Solutions, Inc, 13661 Sunrise Valley Drive Suite 400 Herndon, VA 20171 7037089655 6667086705 ervin.so@dlt,corn I 9701-0461nr Survey 2007 Subscription Renewal -1 Year 2 ONit $100,00 $200.00 2 9701-0427.nr Civil 30 2007 Subscription Renewal - 1 Year 6 0M $796= $C776, 00 3 9701-0451nr Civil 3D - Civil Design Companion 2007 4 OM $116,00 $464,00 Subscription Renewal - 1 Year 4 9701-0145nr Raster Design 2007 Subscription Renewal - 2 DIM 2WOO $416,00 1 Year Contract 7550104538 Exp: 110118DO06 h,:5 cl o " — �s oemg T Cq�r sent on benalf of MA� I ecinnedog;es. y u oCal Auth-crize Au=esl Reseller UE K xi� `,ir rn i s s s OP P 0 it L: ri y to 1w e a P a 71 o - A U t a d e- s k's S , iu b s c rip t o n Pro g ra rn 17 A A Y r-. E N T 0 -OR- .................. . .. . . .................. ------------- - -- Virginia and California customer orders are subject to applicable sales tax, The terms and conditions of the Manufacturers standard commercial license and subscription agreement are made a part of this quotation and snail govern purchasers use of any Manufacturer product. Contact the DLT Sales Rep if funkier information is required, Agenda Item 114 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Resolution for Adoption of 2007 Public Works Permit Fees DATE: November 15, 2006 INTRODUCTION The Public Works Department has proposed revisions to the permit fees which they collect. The city council will consider approving the attached resolution for adoption of the 2007 public works permit fees. Background In February of 2004, after a comprehensive review of the Public Works permits by staff, the city council approved some significant adjustments to the permit fees collected for permits issued by the Public Works Department. Those permits include: grading, sewer services, private sanitary and storm sewer mains, open cut and driveways. Prior to 2004 those fees had not been revised for many years to account for inflation. Permit fees were closely reviewed and evaluated in 2003 to compare the fees collected to the amount of staff time involved with such a permit. During the 2003 review of permits, it was determined that a number of the public works fees had been underestimated and therefore were adjusted to more accurately reflect the value of the service provided. With the approval of the adjusted fees in February 2004, it was proposed that fees would be reviewed annually and any recommendations for adjustment be brought to the city council for consideration. The present proposal for fee adjustments would be effective on January 1 st of 2007. All fees are proposed to be raised by an inflationary factor of 3.00 %, which was determined from the Federal Reserve Bank of Minnesota Inflation Calculator for the period from 2005 to 2006. DISCUSSION Attached is a table of current (2006) and proposed (2007) Public Works permit fees as they apply. It is recommended that these fees take effect for any applications received after January 1S 2007. In addition, it is recommended that these fees continue to be reviewed annually with a recommendation brought before the city council for consideration. RECOMMENDATION It is recommended that the city council approve the attached Resolution for Adoption of the 2007 Public Works Permit Fees. Attachments: 1. Resolution 2. Public Works 2007 Permit Fee Schedule RESOLUTION ADOPTION OF THE 2007 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction, water connection and grading, and WHEREAS, city staff has reviewed the permit fees and prepared a schedule of fees titled 2007 Public Works Permit Fees, dated November 15 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated public works fees are approved for all related permit applications received after January 1, 2007. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Public Works Permit Fees D.I. d R.,1.1- 11115/06, -1 2006 2007 Sewer Service Connection Permit Residential: $85.00 $88.00 Multi-Family/Commercial/industrial: $98.00 $101.00 Repair: $32.00 $33.00 Private Storm Sewer and Utility Main Permit $21.00 $22.00 Storm: $96.00 $99.00 Private Storm Sewer Main Base Fee: $96.00 $99.00 Connections to existing system. (public): $54.00 $56.00 Connections to existing system, (private): $22.00 $23.00 New Storm Structures, (public): $54.00 $56.00 New Storm Structures, (private): $12.00 $13.00 Open Cut of Public Street: $54o0 $56.00 Sanitary: $21.00 $22.00 Private Sanitary Sewer Main Base Fee: $96.00 $99.00 Connections to existing system, (public): $54.00 $56.00 Connections to existing system, (private): $44.00 $46.00 New Sanitary Structures, (public): $54.00 $56.00 New Sanitary Structures, (private): $44.00 $46.00 Open Cut of Public Street:* $54.00 $56.00 * Upon adoption of ROW Ordinance and associated fee schedule, this charge will be discontinued Driveway Construction Permit Permit: $21.00 $22.00 Grading Permit Plan Review Fee: <= 50 C.Y. No Fee No Fee 51 to 100 C.Y. $30o0 $31.00 101 to 1000 C.Y. $47.00 $49.00 1001 to 10,000 C.Y. $62.00 $64.00 10,0001 to 100,000 C.Y.: First 10,000 C.Y. $62.00 $64.00 plus each additional 10,000 C.Y. $30.00 $31.00 100,001 to 200,000 C.Y.: First 100,000 C.Y. $336.00 $347.00 plus each additional 10,000 C.Y. $17.00 $18.00 200,000 C.Y. or More: First 200,000 C.Y. $501.00 $517.00 plus each additional 10,000 C.Y. $10.00 $11.00 Grading Permit Fee: <= 50 C.Y. $30.00 $31.00 51 to 100 C.Y. $47.00 $49.00 101 to 1000 C.Y. First 100 C.Y. $47.00 $49.00 plus each additional 100 C.Y. $23.00 $24.00 1001 to 10,000 C.Y. First 1000 C.Y. $24100 $251.00 plus each additional 1000 C.Y. $19.00 $20.00 10,001 to 100,000 C.Y.: First 10,000 C.Y. $404.00 $417.00 plus each additional 10,000 C.Y. $83.00 $86.00 100,001 C.Y. or More: First 100,000 C.Y. $1,145.00 $1,180.00 plus each additional 10,000 C.Y. $47.00 $49.00 Water Availability Charge WAC $206M $213.00 Additional Charges All other services requiring additional staff time* $50.00 Services requiring extensive staff time beyond what is considered reasonable for inspections or other services will be charged $50.00 per hour 11/16/2006 p/works/eng/lib/ Permit Fees Agenda Item 115 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Consider Approval of 2007 SCORE Funding Application DATE: November 16, 2006 INTRODUCTION Attached is the 2007 SCORE Funding Grant Application. The amount of the grant for 2007 is $68,191. The grant money is from Ramsey County to repay the city for a portion of the recycling costs. Ramsey County is requesting that the city council approve the grant application. RECOMMENDATION Staff recommends the approval of the 2007 SCORE Funding Grant Application. Attachment: 1. 2007 SCORE Grant Application SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION CITYITOWNSHIP CONTACT PERSON ADDRESS 2007 SCORE FUNDING GRANT APPLICATION City of Maplewood DuWayne Konewko 1902 East County Road B Maplewood, MN 55109 PHONE 651 - 249 -2330 FAX 651 -249 -2409 ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- A. DESCRIPTION OF 2007 RESIDENTIAL RECYCLING PROGRAM l.a. In 2007, will any collection services be provided under a contract? Yes X Please provide contractor(s), address, and contact name. Eureka Recycling, 2828 Kennedy Street NE, Minneapolis, MN 55413 Alex Danovitch - Director of Business Development No (skip to question 2) l.b. Which type of households are expected to receive service under the contract? Single - family: X Duplex: X Triplex: X 4plex. X Townhome: X Condominium: X Manufactured Home Park: X Multi -unit buildings (up to units): All l.c. What is the total number of households expected to receive service under the contract? Single - family thru 4 -plea: 11,432 Multi -unit buildings with 5 or more units: 3,882 i.d. What materials will be collected under the contract? List each sorting category for 2007 and materials collected in that category. (If different materials will be collected or different sorts are required based on type of housing, please describe differences.) Two sort collection: Sorting category #1 - newspaper /junk mail /phone bookslmagazineslcardboard /office paperJboxboard Sorting category #2 - glass bottles /plastic bottles 1 & 2/aluminum cans /steel cans I.e. What is the collection frequency? (If frequency is different based on type of housing, please describe differences.) Weekly collection 2.a. How will the municipality assure materials are collected in 2007 from those households that will not receive recycling collection services under a municipally arranged contract? (For example: ordinance provisions, licensing requirements, etc.) Ordinance adopted in 2005 requires all vendors nor operating under city contract to submit an annual report to the city. 2.b. What materials are required to be collected? See 1 d. 2.c. What is the collection frequency? (If frequency is different based on type of housing, please describe differences.) Weekly collection 3. How will the municipality assure that all recyclables collected from residential properties are recycled, whether collected by the municipality's contracted vendor or another service provider? Ordinance requires that all recyclables collected are to be recycled. This provision requires all vendors to ensure that recyclables collected from residential properties are recycled. 4. What changes are planned or anticipated for 2007? Milk cartons and juice boxes (aseptic containers and gable top cartons) will be added to the bottles and cans recycling stream. 5. How are recycling services in 2007 to be paid for, beyond any use of SCORE funds? What long- term funding source is in place for recycling services? There is a dedicated budget for recycling. Each resident is billed $2.02 per month for recycling services. 6. What public education and promotion efforts is the municipality planning for 2007? List types of printed materials, other media, or events; intended audiences; method and frequency of distribution. An annual recycling mailing is sent out to every resident in the city. The mailing includes a schedule for the upcoming year, as well as other information concerning the recycling program. Recycling articles are also included in the city's monthly newsletter. Residents are also educated at the curb every week through tagging and follow up post cards. 7. What measurable goals do you have for waste reduction and recycling activities in 2007? Please describe how you will measure progress toward those goals and how activities will be evaluated. At least ONE measurable goal must be listed. Increase participation at multi - family locations. Progress will be measured by examining pulls from these locations and determining if increases in material recycling are observed. 8. How will the municipality monitor or audit activities conducted by any contractors or subcontractors? Each year, the City works with Eureka Recycling to create an annual work plan with goals and objectives for the year. Eureka Recycling provides the city with quarterly reports which update the progress of the work plan. At the end of the year they provide an annual report. Eureka Recycling conducts annual participation and composition studies for Maplewood. They also provide the city monthly reports of tonnage and type of material collected as well as making them aware of any customer service issues. B. SCORE GRANT REQUEST 1. Please describe how a SCORE grant would enhance or improve waste reduction and recycling efforts in your community. List specific activities for which SCORE funding would be used. The SCORE grant monies for 2006 will be used for partial payment of recycling contractor costs. 2. Please show how you intend to allocate your 2007 SCORE grant. Detail how you intend to use SCORE funds within each applicable budget area. PROPOSED SCORE BUDGET —SCORE EXPENSES ONLY ADMINISTRATION: $ Please detail: PROMOTION ACTIVITIES $ Please detail: EQUIPMENT $ Please detail: COLLECTION OF RECYCLABLES $68,191 Please detail: TOTAL SCORE GRANT $68,191 C. RECYCLING BUDGET Attach u copy mfyour 2007 municipal for all recycling activities, including all funding sources. Zf your governing body has not adopted the budget, attach the most current draft 0. IN-HOUSE RECYCLING PROGRAM Please describe the recycling program for materials generated ot municipal facilities, per requirements in Minn. 5tof. Sac. 115A.151. List mofarkz|s collected and service provider(s). Zf any materials are brought to a drop-off center or otherwise not handled by a collection service, list those materials and describe how they are brought fooracydar. The City of Maplewood and all its municipal buildings including parks, fire stations, and the A8aoke=pod Community Center will be ufU/ziw8 qfvvq sort collection process. The municipal facilities recycling collection process will mirror the residential process. Eureka Recycling will also be providing service to these buildings and will be utilizing their processing facility as well. Two sort collection: Sorting category #1 - newspaper/junk mail/phone books/magazines/cardboard/off ice Sorting category #2-glass bwffUos 1 8i 2/oUuwmimumcoms/stam| cons E. RESOLUTION Please attach m resolution from your governing 6m6* requesting the SCOPE funding allocation, or certified copy of the official proceedings at which the request was approved. SCOPE grants agreements cannot be issued without such onattachment. Acopy of the City Council minutes will be sent to Ramsey County upon approval. NAME OFPEP6ONAUTHORIZEbTO SUBMIT GRANT: DuWayne Konewko TYPE OR PRINT SIGNATURE Environmental Manager TITLE November 1 2006 DATE Agenda Item K1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: St. Paul Tourist Cabins Closing — Relocation Costs LOCATION: Frost Avenue and East Shore Drive DATE: November 17, 2006 INTRODUCTION On Monday, November 13, 2006, the city council held a public hearing to discuss the closing of the St. Paul Tourist Cabins and Manufactured -Home Park. As required by state statute, the purpose of the hearing was to discuss the financial impact on the displaced manufactured -home residents due to the closing of the park. The statute states that the city council may require a payment to the displaced residents to be paid by the park owner or other parties, and if so, to establish that payment amount. The public- hearing requirement in state law reads as follows: The governing body of the municipality shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident cannot relocate the home to another manufactured home park within a 25 mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require that other parties, including the municipality, involved in the park closing provide additional compensation to the residents to mitigate the adverse financial impact of the park closing upon the residents. The full statute is attached. BACKGROUND Park Closing Notification On July 25, 2006, the owners of the St. Paul Tourist Cabins and Manufactured Home Park notified their residents that they would be closing the park in nine months (refer to the attached notice). Minnesota State Statute #327c.095 (manufactured home park closing) required this nine -month notification to park residents. City Council Action At the public hearing on November 13th, the city council moved to "direct staff to provide council a report at the November 27 meeting listing the sale transaction figures from all of the manufactured homes already purchased by the developer, to assist the council in determining a buyout award if an agreement is not made between the developer and the one remaining park home owner." DISCUSSION Manufactured -Home Buyouts As directed by the council, Mr. Montanari provided a list of the manufactured homes he has purchased so far (refer to the attachment). This list shows that he has purchased 24 manufactured homes at an average cost of $2,963.34. The attachment further states that there is one remaining manufactured home located at 948 Frost Avenue. At the last council meeting, staff had suggested $3,000 as a beginning point for negotiating a purchase by Mr. Montanari for the remaining manufactured home. Mr. Montanari is proposing that amount as his purchase offer. Jeff Wait, the owner of the remaining residence, is out of town at the present time, but Mr. Montanari will continue with his purchase negotiations. Mr. Montanari told staff that he checked with the Minnesota Department of Transportation (DOT) for age and value information on this remaining unit. The DOT said that this manufactured home measures 10 by 48 feet in size and was built in 1961. They said its estimated market value is $2,700. Based on this data and the average amount he has paid so far, Mr. Montanari is continuing to negotiate for the purchase of this remaining residence for $3,000. After evaluation of the attached purchase -price information, the city council should consider the payments made by Mr. Montanari and apply an average of them as a basis for establishing the price of the final manufactured home. RECOMMENDATION Take the $3,000 average of the payments made by Mr. Montanari for the purchase of the manufactured homes at the St. Paul Tourist Cabins and Manufactured Home Park and establish that as the minimum for his purchase of the final residence located at 948 Frost Avenue. p:com_dvpt \gladstone \tourist cabins closing memo follow -up 11 06 Attachments: 1. Tourist Cabin Property Location /Zoning Map 2. July 25, 2006 Park Closing Notification 3. Minnesota Manufactured Home Park Closing Statutes 4. St. Paul Cabins Buyout Costs Data dated November 17, 2006 FROST AVE L-J U CL z w FENTON AVE z w < SOPHIA ST Location & Zoning Map St Paul Tourist Cabins & Manufactured Home Park Frost Avenue w i j L-J U CL z w FENTON AVE z w < SOPHIA ST Location & Zoning Map St Paul Tourist Cabins & Manufactured Home Park Frost Avenue St. Paul Cabins Attachment 2 250 1 Lowry Avenue NE St. Anthonv, NINT 55418 St. Paul Cabins, LLP the owner of St. Paul Cabins hereby gives notice that St. Paul Cabins is to be closed. The park will cease operation nine months from the date of this Notice, or sooner if all residents are relocated. manufactured housing within a 25 mile radius of St. Paul Cabins. The results of that survey are in the spreadsheet attached to this Notice. ,Pub This Notice is being provided to a resident of each manufactured home in St, Paul Cabins and to the City of Maplewood, The city will hold a public hearing on the Park closing. Notice of that hearing will be mailed to a resident of each manufactured home. Minnesota Statutes 2005, 3270 095 Pape i of 4 F—AVM Oi nties�-)ta- Chapiers Table ol"contents for ChapleTA27C Subdivi!5lorl 1, Conversion of use; minimum notice. At leas nine months c,efore tte cwiv(:r�Icn of a 1 : or a porticr. of a manu r or be fore closure of a � ac� home park to another use, I manufactured home park or cessation of use of the land as manufactured home park, the park ownuz: must. pepare a Closure statement and provide a copy to the local planning agency anu a copy to a resident of each manufactured home where the residential use is being converted, A resident may not be required to vacate until 60 days after the conclusion of the public hearing required under subdivision 4- 7 f a for is available in another sect-on of tie park that wi-'-' continut; t.o be operated as a park, the park owner inust, alluw the rt-siderjL to relocate the home to that lot unless the home, bec•:Auzie of its vise cr local ordinance, is not compatible with that lot. I:tt governing body of the municipality may also require that other parties, including the municipality, involved in the htip://ros, 11/3/2006 Minnesota Statutes 2005, 327C.09S park closing provide additional compensation to r�Axdenrs Lo mitigate tlio adver-se financial impact at the park closing upoz: the residents, Subd. 5, Park conversions, It the planned cessation of operation is for the purpose of converting the part of the park occ by the resident. to a common interest community pursuant tO } �aprer I IIIJB, the Provisions of section except subsection (a), shall apply. The nine-month notice required by this section shall state that the cessation is for the purpose of conversion and shall set forth the rights confe-rrp,d by this subdivision and section -:, _,,bsortioi) (b)- Not less than 1 Jays before the end of the nine months, the park owner shall servo uper. the resident a form of purchase agreement setting forth the terms of sale contemplated by section subsection (d:. Service rat that torti. hail operate as the nor-ice described by section subsection {tai . Subd. G. Intent to convert use of park at time of purchase. Before the execution of an agreement to purcha e a manufacturad tome park, LhQ purchascr must notify the part, owner, in writing, if the purchaser intends to close the manufactured home park or convert it to ar.oLhcr uac within ota year of the execution of the agreement. The park owner stall provide a resident of each - manufactured home with a 45-day written notice of the purchaser's intent to clos the park or convert it to another use. TnQ notice muot. orate that the parr; owner will provide information on the cash price and the terms and conditions at the purchaser's offer to residents requesting the information. The notice must be sent by first class ma ro a resident of each malutactured home in the park. The riot ice period begins on the postmark date affixed to the notice and ends 45 days atLer It begins. D the notice period r}quired in this subdivision, the nwrners at at least til percent of the manufactured homt:s in the park or a noziprofir- argani7ation which has the written permission of the owners of at least 51 percent of the manufactured homes in the park, tc repreacnt them in the acquiLiLiort of the park shall have the right. to meet the cash price and execute an a9rcement to purchase rho park for the purposes of keeping the park as a manufactured housing c oril- i i n i Ly . The park owner must accept the offer if it meets tote cosh price and the same terns and conditions set Earth in the purchaser's otter excopr_ that the sc- 15 not ohiiqatcd Cc provide owner fina.-icing. For purpobee of this aection, cash price means the cash price offer or equivalent cash offer as defined in st?ct_ 1, paragraph ic_i) Subd. 7. Intent to convert use of park after purchase. Tf the purchaser of a manufactured home park decides to convert t park to another use wit1iij, catle year aCt-ex the purchase of the park, the purchaser must offer t'ne park for purchase by the residents of the park. Far purposes at 'his subdiv;.s--cri, the date of purchase as the date or the transfer of the title to the purchase The purchaser must provide a -resident of eac. manufactured home with a Written notice of the intent to close the park and all of the owners of at least 5JL percent at the manufactured homes in the park or a nonprofit organization which has the written pernn'ssion of the owners of at. least 51 percent of the manufactured noires in the park to httpl/ros, lep.mn/stats/327C/095. him] 11 /3/2006 Miunesola Statutes 2005, 3270.095 represent their in the acquisition of the park shal I have 45 days to execut, an agreement foe the PUZ<--hdS1- Of LhC Palk at a Cd"zih price equal to the original purchase price paid by the purchaser plus any documented expenses relat nq to the acquisition and improvement of the park property, toqether wit-ro dny increase in ValUe due to appreciation or the park. The purchaser must execute the purchase agreement at the price speci ied in this -,ubdivisaori and pay the cash price within 90 days of the date of the purchase agreement. 'The notice must be sent by first class ma. to a resident. of each manufactured home in the Perk. The notice period begint, on the postmark date affixed to the notice and eiids 15 days after it begins. Suhd. 9. Required filing of notice, Subdivisions 6 anti 7 apply i-o manufactured home parts upon which riot-ice has keen recorded with the county recorder or registrar or ti-t1ei; in t'le county where„ the manufactured home par- -L6 iocdted. Any person may fi'lle the notice required under this subdivision with the county recorder or registrar of titil2s. The notice must be in the ±ollow'Lng "MANUFACTURED HOME PARK NoTlCF- THIS PROPERTY :S USED AS A MANUFACTURED H01ME PARK LEGAL DESCRIPTION OF PARK COOPERATIVE A-'iSDCIAT-'0N {[F APPLICABLE) " Subd. 9, Effect of noncompliance. If ;i manufactured home Dark is finally sold or converted to another use in violation of subdivision 6 or 7, the residents do not have any t.;ontinuirig right to purchase the park as a result of that sale or conversion, A violation of 5 6 or 7 is -,object to sec "-ion elxcepr that relief be limited so Char_ q�iestioris of marketability of title shall not be atfected, 1 L/3/2006 Minnesota Statutes 2005, 3270,095 HIS`; 1907 c 1 5 10; 199' c 26 s 1-7; 1997 c 126 s G, 2 c 11 a � L - 1 , 5 10; ?ii' C 'I s 6r, 6 3 !"opyr,"gPc 2005 tv Che Office of Reviso-r olt StatoCeS, State or http://ros.leg.nin/stals/327C/095 ht ml 11/3/2006 Minnesota Statutes 2005, 3270.01 Lhe planning commi�-,ion or rhe planning department Ot a as Ciefined in `�,ecrion the j 1bra T71 Zi C.7 and ;onlncj or a - ot,tn detin-e•3 in SL-Ct ion 3-F— IV, or r r commission of a courry, As op in section 3 41. 3-C , or 1 f the mir)Icipality does not have a plannina agancy, the qovecnz,ng body of the municipality, sur)d. H. Reasonable rule, "Reasonable rule" rneans Polk rule: ;a) wh.ctt is des-igned to promote the convenience, -safety, or welfare of the residents, promote the good appearance and facilitate the efficien operation of tie park, protect and preserve the pack urCRA&es, or make a fair distribution of services and facilities; :h', which is reasonabLy related to the purpose for which )-t is adopted; (c) which is not retaliatory or un3l'Stifiabiv discriminatory in nature, and (d) which 13 sufficiently explicit in prohibition, direction, or -limitation of conrduct to fairly inform the resident of what to do or not to do to comply. subd. 9. Resident. "Resident" means an, owner of a manufactured home who rents a lot in a home; park, and includes the members of the resident's household. Subd, 9a. Resident association. "Resident association" means an organization that has the written permission of the owners or at least -91 percent of Lutt manufactured homes in the park to represent them, and which is organized for the purpose of resolving matters relation to living condltions in the manufactured horre Dark. Subd, Rule, "Rule" Means Gn rental agreement provision, rttquiatlon, rule or policy through which a park owner controls, affects or seeks to control or attecL the behavioi of subd. I' . substantial modification. "Substantial modification" means any change in a rule which- !aJ signi-ficantly dimj-n.Lzhczi or eliminates any material obligation of the park owner; (b) significantly diminishes or eilfri-laLes any material right, privilege or freedom of action of a resident; or (c) involves a significant new expense for a resident. Subd. i2 Utility service. "Utilit� ' i service" rniLlarizi any electric, fuel oil, natural or propane qRS, SeWCX, WASte disposal and water servlc� by whatever means furnished. HIST: 1902 c 526 art 2 s 1; 1986 Q 444; 1987 c 119 S 1-3; 1992 C 511 art 2 a 32; 1994 c 592 s 3 Copyr� 2006 by the Office of Revisor of SrdtoLeS, SLaLe of %tinnesota. hup.//ros.leg.mn/stats/327C/0 I.html 1 ['/3 , M nnesot� Statutes 2005, Tible,of Chapters Table of contents for C'bapler 3270 subdivi6lon I Terms , 1 , , ,'hen urtd in to 15 and 30, the terNis defined in this �ectiorl hav,.' the meanings given them. 5 ubd . La. Closure statement. "Closure statement" means a :statement prepared by the park owrit7�r clearly .3tatinq that the park is closing, addressing the: availability, 1ccation, and potential costs of adequate replacement hou. within a 4 mile radius of the park that is cfosinq and the probable Lelocatien costs of the m,AnufacturLd bomes located in the park. S7, It_ Ptsplaced reap nt. Lz= lalacad reslden ntear,5 a resident of at owne-c-occupled manufactured homy-, who rents a lot in a manufactured tiQme park, including the members of the resident's household, as of Lne date the park Owner submits a closure statement to the local planning agency. Subd. 2. rn park sale. "in park sale" means the sale of a manufactured home Owned by d park resident anti located isl a manufactured home park, after which Yale the home remains in the park, S urd . 3 Lot "Lot" means an area wir.h:n a Irla'10,1faCtUred Ilome park, de .fined or used for the accollmlodation of a manufactured home. Judd, 4, Uanufacturmd home. "I+.:inufacr.ijred horde" �,nd "home" have th=e n Lpecified in Tect-i-a ?2 subdivision A. Subd 5. t"nufactured home park, "Mani,irac-tured hora,� P.F,rW' and "L),tLk" hav, the meaning sp&cified in 5ection 32 nnbdlivisinn 3, but. do not i.nclude tac. which arc ope-n only during three or fewer seasons of t'ie year. Subd. 6. Park owner. "Par!: owner" means Lne owner of a manufactured home park and any person acting on behalf at the Owror in the operation or management of a park,. S ubd. uIld. 'I Person. "Person" means any rictividual, corporation, fir.,, partnership, incorporated and un :icorporatred association, or any other legal or cormezcLdi entity. suhd 7a, PlannIng agency, "Planning agency" mcans htip /ros.leg.mn/stats/327C/0 I htm] 1113/2006 Attachrqent 4 D. Coml2anies LILC lot # name amount 952 T DeNucci 2,750.00 978 R Emery 2,000.00 970 J Crittenden 1,300,00 951 T Murphy 4,800.00 953 G jere 3,500.00 969 A Orozco 2,500,00 979 J Werner 2,650,00 984 A Carpenter 3,000.00 985 N Schultz 2,200.00 957 C Moore 4,300.00 954 J Devaney 1.500,00 989 Ray Swiger 1.00 947 Michael Robison 1,650,00 983 Harry Leo 750.00 977 Lonn Greenlee 2,750.00 972 Susan & Michael Carlson 2,000,00 965 PaulSeverin 10,000.00 971 Binh Viet Le 6,000.00 968 Connie Cook 3,200.00 982 Penny Meringdol 4,000,00 963 Laura Anderson 1,500.00 980 Sandra Williams 3,669.17 944 Duane Longcor 5,000.00 986 Robert Hollingsworth 100.00 Total buyout cost to date 71,120.17_ average buyout remain i n_qtenant 948 Jeff Wait 3,000.00 proposed buyout Agenda Item K2 144:1� • - Subject: Site Address: Zoning: Land Use: City Council Hearing Date: Maplewood Business Center 1616 Gervais Avenue Light Manufacturing (M -1) Light Manufacturing (M -1) November 27, 2006 Purpose of Review: Staff is requesting a review of the conditional use permit (CUP) for the Maplewood Business Center at 1616 Gervais Ave. The CUP was approved by the city council in 1981 to allow an industrial warehouse building to be constructed closer than 200 feet of a residential district (which was the requirement in 1981). Staff and the city council have been reviewing this CUP periodically since October 2004 when staff received a complaint from a nearby resident regarding excessive late night/early morning noise from activities at the St. Paul Pioneer Press distribution facility located in this center. Recommendation: Staff recommends approval of the conditional use permit review for the Maplewood Business Center subject to all original conditions and the conditions as outlined in the November 14, 2006 Mediation Agreement between the representatives of the Maplewood Business Center, St. Paul Pioneer Press, Kevin and Cindy Hall, and the City of Maplewood. MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Maplewood Business Center Conditional Use Permit Review LOCATION: 1616 Gervais Avenue DATE: November 20, 2006 for the November 27 City Council Meeting INTRODUCTION Staff is requesting a review of the conditional use permit (CUP) for the Maplewood Business Center at 1616 Gervais Ave. The CUP was approved by the city council in 1981 to allow an industrial warehouse building to be constructed closer than 200 feet of a residential district (which was the requirement in 1981). Staff and the city council have been reviewing this CUP periodically since October 2004 when staff received a complaint from a nearby resident regarding excessive late night /early morning noise from activities at the St. Paul Pioneer Press distribution facility located in this center. October 1, 2004: City staff received a letter from residents adjacent the St. Paul Pioneer Press (Cindy and Kevin Hall, 1596 Grandview Avenue). The letter addressed their concerns with excessive late night /early morning noise from activities at the St. Paul Pioneer Press distribution facility. January 24, 2005: The city council reviewed the Maplewood Business Center's CUP due to the noise complaints. The city council directed staff to draft a motion and resolution regarding amendments to the Maplewood Business Center's CUP which would address the noise complaints. February 14, 2005: The city council held a public hearing to review the Maplewood Business Center's CUP. The city council amended the CUP to require the property owner to have a detailed landscape and screening plan approved by the community design review board (CDRB) for the area between the parking lot and Germain Street (Attachment 2). June 28, 2005: The CDRB approved a landscape and screening plan for the Maplewood Business Center which included a 6- foot -high PVC fence and landscaping to be located on top of the berm on the west side of the parking lot, adjacent Germain Street. August 8, 2005: The city council reviewed an appeal to the CDRB's approval of the landscape and screening plan. The appeal was submitted by Joseph Yahnke and Denise Ries of 1595 Grandview Avenue and expressed their concerns that a PVC fence may attract graffiti and would not look attractive from their home. The city council denied their appeal and approved the landscape and screening plan as approved by the CDRB. September 26, 2005: The city council reviewed the progress of the required landscape and screening required for the Maplewood Business Center. The city council moved to schedule a public hearing for October 10, 2005, to review the Maplewood Business Center's CUP. October 10, 2005: Due to continued noise complaints from the Halls, the city council moved to give the St. Paul Pioneer Press one month to correct the sound nuisance problems and agreed to have the city council review the landscape and screening plan again in eight months. November 28, 2005: The city council reviewed a noise study conducted by the Maplewood Business Center in regard to the operations at the St. Paul Pioneer Press distribution facility. Based on review of the study by the Minnesota Pollution Control Agency, the city council determined that the noise study did not meet the state statute's requirements for determining allowable nighttime noise. The city council directed staff to schedule a meeting with the property owners of the Maplewood Business Center and representatives of the St. Paul Pioneer Press to discuss and attempt to resolve the ongoing noise concerns experienced by the Halls. July 24, 2006: The city council reviewed a revised noise study which met the state statute's requirements for determining allowable nighttime noise at the St. Paul Pioneer Press distribution facility. The city council tabled the CUP review to allow the city attorney's office time to review controls on hours of operation and a memorandum of understanding between the city and St. Paul Pioneer Press. The city council also directed staff to work with the Dispute Resolution Center and the appropriate parties to come to an alternative resolution. August 2, 2006: City staff met with representatives of the Dispute Resolution Center, St. Paul Pioneer Press, Maplewood Business Center, and Kevin and Cindy Hall to discuss an alternative resolution to the continued noise concerns. DISCUSSION Mediation Agreement During the dispute resolution mediation in August, the following items were agreed to by all parties: The St. Paul Pioneer Press would not renew their lease with the Maplewood Business Center after the June 2009 expiration date and they would move from the center after that date. In addition, the St. Paul Pioneer Press will continue strategies to reduce noise on the property as specified in their January 1, 2006, memorandum (i.e., reduce the number of carriers, metal carts modified to reduce noise, move half of the carriers to the south parking lot, etc.). 2. The Trustee Group would modify future lease agreements to ensure tenants do not conduct any activity that will generate extraordinary, loud, or disturbing noise within the building or parking lot between the hours of 7 p.m. to 7 a.m., seven days a week. 3. The Halls would agree not to complain about minor noise concerns at the St. Paul Pioneer Press as long as the above - mentioned agreements were made. 4. A dispute to the above - mentioned agreements would require all parties to participate in mediation with the Dispute Resolution Center for the purpose of resolving the dispute. If the dispute is not resolved through mediation, the city could use any available legal action necessary to resolve the dispute (i.e., E citation to the St. Paul Pioneer Press or Maplewood Business Center CUP modification or termination). The Trustee Group drafted a mediation agreement based on the items agreed upon and distributed the agreement to the city attorney for review. The city attorney requested some minor changes and then approved the agreement in September. City staff then routed the agreement to the St. Paul Pioneer Press and the Halls for their review. They requested some minor changes and then approved the agreement the beginning of November. After several months of give and take between the parties, staff is confident that the final mediation agreement (Attachment 3) is an agreement that will ensure resolution to the ongoing noise concerns on the property. City staff has retained all required signatures on the approved agreement. City staff would like to commend all parties for participating in the dispute resolution process and also would like to thank the Dispute Resolution Center for their suggestion of this method of resolution and assistance in this matter. Controls on Hours of Operation At the July 24, 2046, city council meeting, the city council requested that the city attorney review the possibility of modifying hours of operation at the Maplewood Business Center. The city attorney discussed this with staff, indicating that the city would have the authority to modify the CUP to restrict hours of operation based on the history of noise nuisances. Modification of the CUP would require a public hearing. Memorandum of Understanding At the July 24, 2006, city council meeting, the city council requested that the city attorney review the possibility of a memorandum of understanding with the St. Paul Pioneer Press and the city. The memorandum would serve as an agreement between the parties that would allow the city to deal directly with the St. Paul Pioneer Press on any future noise complaints, rather than dealing with the issue through review and possible modification of the owner's CUP. It is staff's opinion that the mediation agreement has the appropriate language to ensure that the first step of resolution for any future noise complaints is through additional mediation by all parties, and not through the city's review and possible modification of the CUP. Therefore, the mediation agreement in itself is a memorandum of understanding. Approve the conditional use permit review for the Maplewood Business Center located at 1616 Gervais Avenue. The approval of the conditional use permit is subject to all original conditions and the conditions as outlined in the November 14, 2006 Mediation Agreement between the representatives of the Maplewood Business Center, St. Paul Pioneer Press, Kevin and Cindy Hall, and the City of Maplewood. P: \com- dev \sec10 \maplewood business center \11 -27 -06 CC Report Attachments: 1. Location Map 2. February 14, 2005, City Council Minutes 3. November 14, 2006, Mediation Agreement 3 Attachment 1 i i � / . > \ \\ - ----------- ... / ^. \� _ . \ L _. % -- : } ^.° y t ) \. . : >:: - w . . . . . . . : a \ \ y A ' ..................................... a / } : ( . Ma Attachment 2 MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, February 14, 2005 Council Chambers, City Hall Meeting No. 05 -03 G. CONSENT AGENDA Conditional Use Permit Revision — Maplewood Business Center (1616 Gervais Avenue) Adopted the following resolution approving revisions to the conditions of approval for the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue: CONDITIONAL USE PERMIT REVISION RESOLUTION 05 -02 -012 WHEREAS, the Maplewood Community Development Director, representing the city, requested a revision to the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue. WHEREAS, this permit applies to the existing office /warehouse facility on the property at 1616 Gervais Avenue. The legal description is: EG Rogers' Garden Lots, subject to state highway and easements, the part north of TH 36 of Lots 11 and 12 in Section 10, Township 29, Range 22 (PIN 10- 29 -22 -42 -0001) WHEREAS, the history of this conditional use permit revision is as follows: 1. The city council held a public hearing to review this permit revision on January 24, 2005. 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 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit revision for the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. City Council 02 -14 -05 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. The approval of the permit revision is subject to the following conditions (the additions are underlined and the deletions are crossed out): All uses must meet the following requirements: T- The Minnesota Pollution Control Agency noise regulations shall apply. Tests to N;eFift' this shall be made by a-H independent testing firm. The initial eest shall be t eft b. Outdoor storage of materials will not be permitted without approval from Maplewood's Director of Community Development. 2. Occupancy permits must be obtained for each tenant space from the City Building Official as required by the State Building Code. 3. Those businesses involved with exterior vehicle storage, such as vehicle rentals or moving companies, shall have one parking space for each such vehicle, in addition to those required by City Code, on the site. 4. Adequate signing for vehicle and pedestrian traffic shall be provided, subject to the approval of the Director of Public Safety. 5. Approval of landscaping, building, and site design plans are required by the Community Design Review Board. The property owner shall have a detailed landscape and screening plan prepared for the area between the parking lot and Germain Street. This plan shall show how the new materials would provide screening that is at least six- feet -tall and at least 80 percent solid (code requirement) and landscaping should be located on both sides of the fence. This plan shall be subject to the approval of the Community Design Review Board and the owner shall implement the approved plan by July 1, 2005. 6. As part of the required design review process, the applicant shall provide a detailed drainage and grading plan which provides for the five acre -feet of ponding required by the Maplewood Drainage Plan. City Council 02 -14 -05 S. The property owner and the property manager shall not allow garbage or trash pick -up between the hours of 11 :00 p.m. and 5:30 a.m. 9. The property owner and propegy manager shall be responsible for the maintenance and clean up of the ponding areas on their property. 10. The property owner shall post the driveways and drive aisles as no parking zones. 11. The property owner shall review the paper distribution activities and take operational measures to reduce or eliminate noise. These measures should include but not be limited to, install rubber bumpers on the carts, train employees as to where to park and to be respectful of adjoining residences and maintain security staff to patrol during the evening and early morning . h ours. 12. The city council shall review this permit revision in six months (July 2005). Councilmember Juenemann moved to adopt consent agenda items 3, 6, 8 and 9. Seconded by Councilmember Koppen Ayes -All City Council 02 -14 -05 Attachment 3 Ms. Shann Finwall, AICP - Planner Office of Community Development City of Maplewood 1830 County Road B East Maplewood, MN 55109 Re: 1616 Gervais Avenue, City of Maplewood Dear Ms. Finwall: The purpose of this letter is to outline the terms of the mediated settlement of the dispute related to noise generated by business operations conducted by the St. Paul Pioneer Press at its leased premises located in the building at 1616 Gervais Avenue, Maplewood. The mediation was conducted on August 3, 2006, with the Dispute Resolution Center acting as mediator. The names and addresses of the parties to the mediation and the mediated settlement are: Cynthia and Kevin Hall ( "Halls ") 1596 Grandview Avenue Maplewood, MN 55109 Trustee Group Realty Partners V, LLP ( "Trustee Group V ") Attn: David L. Kordonowy 3610 County Road 101 Wayzata, MN 55391 St. Paul Pioneer Press ( "Pioneer Press ") Attn: Dave MacGregor 345 Cedar Street St. Paul, MN 55101 City of Maplewood ( "City ") Attn: Shann Finwall 1830 County Road B East Maplewood, MN 55109 Trustee Group V is the owner of the Maplewood Business Center property at 1616 Gervais Avenue. That property is herein referred to as the "Subject Property." The Subject Property includes all of the property subject to the Conditional Use Permit originally issued by the City in 1981 ( "CUP "). November 14, 2006, Mediation Agreement The terms and conditions of the mediated settlement agreed to by the Halls and by the Pioneer Press are stated in the letters from those parties attached hereto as Exhibits A and B. The terms and conditions of the mediated settlement agreed to by Trustee Group V are stated below, namely: 1. Attached to this letter as Exhibit C is a drawing depicting the location and dimensions oftwo buildings located on the Subject Property with addresses of 1600- 1616 Gervais Avenue and 1636 Gervais Avenue, Suites 1 -15. The cross - hatched areas on the western end of the two buildings depicted on Exhibit A are herein individually referred to as the "Noise Restriction Area" and collectively as the "Noise Restriction Areas." The Noise Restriction Area in the building at 1600 -1616 Gervais Avenue includes only the western most 80 linear feet of such building. The Noise Restriction Area in the building at 1636 Gervais Avenue includes only the western most 80 feet of such building. Trustee Group V agrees that all new leases of space in the Noise Restriction Areas entered into by Trustee Group V after the date this mediated settlement is signed by all parties shall include the following clause: "Tenant agrees that, between the hours of 7:00 p.m. and 7:00 a.m. seven days per week, Tenant shall not conduct nor permit to be conducted within the Leased Premises or adjacent parking lots, driveways or common areas, any activity that will generate extraordinary, loud or disturbing noise, which results in a nuisance to residents of the adjoining residential area." Trustee Group V agrees the above restriction shall be included in all future leases entered into after this mediated settlement has been signed by all parties and that Trustee Group V will exercise reasonable efforts to include the above clause in any amendments to or renewals of leases existing on the date this mediated settlement is signed by all parties. 2. The mediated settlement is agreed to by Trustee Group V, subject to the following terms and conditions: (a) Trustee Group V shall not be responsible for enforcement of or compliance with the terms, conditions and undertakings agreed to by Pioneer Press as stated in Exhibit B attached hereto. Pioneer Press shall have sole responsibility for compliance with and observance of such terms, conditions and undertakings. (b) The City shall discontinue the pending proceeding to review the CUP for the Subject Property and will not modify, amend or terminate the CUP as a result or by reason of noise emanating from the Subject Property on or before the date this mediated settlement is signed by all parties. This provision is not intended to in any way limit or restrict the City's ability to initiate cATgv\Pioneer Press Med Settle 1tr042006 -2- proceedings to modify, amend or terminate the CUP after the date of this mediated settlement. (c) If Trustee Group V requests that the City provide a zoning compliance letter or similar letter for the Subject Property certifying to Trustee Group V or a third party, such as a purchaser or mortgagee, as to the zoning classification, code compliance, parking regulations or other matters customarily certified to in such a zoning compliance letter, the City will provide the requested zoning compliance letter. Such letter shall not include any statement, certification or representation that the Subject Property, Trustee Group V or any tenant failed to comply with the terms and conditions of the CUP or of any applicable statute, ordinance or regulation by reason or as a result of noise emanating from the subject property on or before the date this mediated settlement is signed by all parties. (d) If any of the parties to this mediated settlement alleges Trustee Group V has violated the terms and conditions ofthis mediated settlement, such party shall notify the City, in writing, of the alleged violation and serve a copy of such notice on all other parties identified in this letter. All notices shall be given by first class, United States mail, to the parties at the addresses stated on the first page of this letter, and such notice shall conclusively be deemed to have been delivered one (1) business day after having been deposited with the United States Postal Service with postage prepaid. Any of the parties to this mediated settlement may change their address for notice purposes by notice to all other parties given in the manner specified in this paragraph. If any of the parties to this mediated settlement maintains any other party has violated or breached the terms and conditions ofthis mediated settlement, such parties shall notify all of the other parties in writing describing the alleged violation or breach of this mediated settlement. All of the undersigned parties agree that they shall then submit this matter to and participate in mediation with the Conflict Resolution Center for the purpose of resolving their dispute regarding the alleged violation or breach of the terms and conditions of this mediated settlement. If the dispute is not resolved through mediation, the sole remedy available to any of the parties to this mediated settlement for an alleged violation or breach of the terms and conditions of this mediated settlement by Trustee Group V shall be the resumption by the City of proceedings to review the CUP, provided that no provision ofthis Agreement is intended to limit or restrict the City from in the future seeking any available legal remedy or enforcement action, including enforcement action against Trustee Group V, based upon violation MPCA noise standards or other governmentally established noise standards. There are no third -party beneficiaries of this mediated settlement, and this mediated settlement shall be enforceable only by the undersigned parties. c:\Tgv\Pioneer Press Med Settle ltr092006 -3- {e} This mediated settlement is a compromise or settlement of a disputed matter. By entering into this mediated settlement, Trustee Group V does not admit non - compliance with or liability for violation of the CUP or any statute, code, ordinance or regulation, nor does Trustee Group V waive any claims or defenses available to it in the event of any future proceeding to review, modify, amend or terminate the CUP or otherwise available to it in any proceeding related to the subject matter of the mediation, including any complaints or allegations related to noise emanating from the Subject Property. {f} The mediated settlement and the terms and conditions stated in this letter shall be binding upon Trustee Group V only for so long as and to the extent each of the other parties hereto performs and complies with all of the terms, conditions and undertakings applicable to or agreed upon by such parry in this mediated settlement, including those stated in Exhibits A and B hereto. {g} The undertakings and obligations of Trustee Group V as stated in this letter are binding upon Trustee Group V only, and shall not be binding upon or enforceable against any other party, including subsequent owners of the Subject Property or any mortgagee holding a mortgage lien on the Subject Property. Trustee Group V shall be under no obligation to have a subsequent owner or mortgagee assume any of Trustee Group V's undertakings or obligations pursuant to the mediated settlement or this letter, and such undertakings and obligations shall cease and be of no further force and effect at such time as Trustee Group V no longer owns the Subject Property. 3. Each of the undersigned parties acknowledges and agrees that the terms of the mediated settlement as set forth in this letter and the Exhibits hereto, and all written or verbal communications between the parties related to the mediated settlement, represent an offer or acceptance of an offer of compromise or settlement of a disputed matter. Therefore, each of the parties hereto acknowledges and agrees that this letter, the Exhibits hereto and all written or verbal communications between the parties related to the mediated settlement shall not be admissible in any future proceeding related to or arising out of the subject matter of the mediation or the alleged emanation of noise from the Subject Property. The City agrees that this letter, the Exhibits hereto and the terms and conditions of the mediated settlement shall not be considered by the City as the basis for any future modification, amendment or termination of the CUP. 4. By signing this letter, each of the parties identified below acknowledges that such party has approved and accepted the terms and conditions of this letter, the Exhibits hereto and the mediated settlement. The mediated settlement and this letter shall be effective and binding upon all of the parties on the latest date set forth opposite the signature of any of the parties below. c:7pTioneer Press Med Settle Itr092006 -4- Dated , 2006. Dated , 2006. Cynthia Hall Kevin Hall Trustee Group Realty Partners V, LLP Dated , 2006. By David Kordonwy Its St. Paul Pioneer Press Dated , 2006. By Dave MacGregor Its City of Maplewood Dated , 2006. By Its cATgv\Pioneer Press Med Settle itrO92006 -5 - Exhibit A - Mediated Settlement Letter from Kevin and Cindy Hall August 10, 2006 Kevin & Cindy Hall 1596 Grandview Avenue Maplewood, MN 55109 Per the Mediation Meeting on August 2, 2006 the following agreements will be made by 1) St. Paul Pioneer Press will put into writing that they will not renew their lease with Steiner Development after June 2009 at 1616 Gervais Avenue (West side of the building) and that the Pioneer Press will continue to reduce the noise from 7 p.m. until 7 a.m. each day of the week (Please also include the letter from St Paul Pioneer Press dated 1011712006 from Ed Pawlenty regarding the first 7 strategies to reduce noise and also the additional 3 new noise reduction initatives that they have agreed to follow). 2) Steiner Development agrees to put into writing in their future lease agreements with potential customers that no business leasing any bay on the west side of 1616 Gervais and 1600 Gervais will not operate their business during the hours of 7 p.m. to 7 a.m., Monday through Sunday. 3) Kevin & Cindy Hall will not complain about the car doors and cart noise at 1616 Gervais Avenue as long as the above parties have put into writing they will enforce their statements and comply wit their agreement. Also, the Maplewood City Attorney needs to approve all statements. Sincerely, Kevin & Cindy Hall Exhibit B - Mediated Settlement Letter from the St. Paul Pioneer Press MA I� To: City of Maplewood From: Ed Pawlenty CC: Shann Finwall, Melinda Coleman, Patrick Kelly, Jeremy Steiner, Patrick Lensing, and Guy Gilmore Date: 1/5/06 Re: Pioneer Press Maplewood Facility The Pioneer Press has leased the warehouse and office facility in Maplewood since 1993. The square footage is approximately 9,000. Warehouse staff of three to five employees opens the facility each day at approximately 1:30 a.m. A Pioneer Press truck (single axle) delivers the day's newspaper around 2:15 am, utilizing the truck bays located in the "alley" between the north and south buildings. About 90 Independent Contractors (carriers) arrive at the center throughout the morning - between 2:00 and 5:00 a.m. - to assemble and bag their papers. Carriers use two wheeled carts to shuttle the newspapers to their cars. Carriers are typically inside the center for about 30 minutes and only outside in the parking lot long enough to load their cars with papers. The staff continues to be in and out of the facility until roughly 9 a.m. At peak activity (2:15 a.m., when the truck arrives) as many as 35 carriers may be at the center at one time. At other hours, the average carrier count would be 15 to 20. Weekday afternoons and early evenings preprinted sections are delivered by truck and staged for the next day's distribution. The unloading process occurs inside the warehouse and typically lasts less than 30 minutes. We would never have renewed our lease had we known of this issue. Having occupied the space for over ten years, we could not have expected this to become a crisis. I myself have had direct contact with this center for over three years and until just recently had only ever once had a city official mention the occurrence of a noise complaint — and that mention was casual and nearly three years ago. Strategies to reduce noise — steps already taken 1. We have reduced the number of carriers by 22 %, from 115 to 90, over the course of the last 18 months. In addition to combining routes, we have moved four routes to our Stillwater warehouse. A 22% reduction in activity is quite substantial. 2. Metal carrier carts have been modified to reduce noise. Silicone caulking has been used to dampen vibrations where the cart frame connects to the metal sides. 3. Territorial Security Agents have been used by the landlord to patrol the parking areas three times/ night during center operation. We embrace this additional level of monitoring. 4. We insisted that Waste Management Disposal, our waste hauler, service the facility later in the day instead of before 5 a.m., which was its preference. 5. Every new carrier is notified of the sensitive situation and our expectations to "minimize noise" in the parking area. Carriers are on notice that we will terminate the contracts of individuals who create unnecessary noise. 6. We constantly remind all carriers to "be quiet" in the parking area (see note attached). These notes are sent out monthly and by request of the manager when a complaint has been brought to our attention. 7. We welcome visits by local law enforcement personnel as a further demonstration to our carriers that we are serious about this issue. Noise reduction — new initiatives 1. Move half of the carrier parking to the south parking lot, shuttling newspapers through south hall and business office door. This is a major operational concession that promises to increase carrier turnover due to logistics and workflow issues. This to be effective January 16 and to be continued indefinitely or until logistics issues force it's elimination. 2. We will increase monitoring — yet again - of the parking area during the hours of warehouse operation. A monitor will be dedicated to supervise the lot from 2:30 -4:30 on our four heaviest days (Thursday — Sunday). Carrier noise issues will be dealt with up to and including removing offending carrier from our operation. Effective February 1St 3. The Pioneer Press will meet again with the landlord to explore the possibility of relocating our warehouse. We believe this is the best solution if the costs of relocation can be reduced. The current bid for relocation is $90,000 (includes office construction, ADA requirements, dock canopy, demising wall, etc). The Pioneer Press remains committed to resolving this issue with our neighbor and the city. • Page 2 WMFU� DRAWING DEPICTING BUILDINGS WITH "NOISE REDUCTION AREAS" SHADED mml =11 M m pRojECT. M AF L 9 QOD € 1 1600-1636 jSERyAl9,AVEKUE MAPLEWOOD, MN. SHEET NO: I DATE: 11 I 111 I 0 Agenda Item K3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Gayle Bauman, Interim Finance Director Charles Ahl, Director of Public Works /City Engineer RE: Environmental Utility Fund — Report on Fund Balance and Establishing Rates for 2007 DATE: November 20, 2006 INTRODUCTION The City Council tabled consideration of the increase in Environmental Utility rates requesting additional information on the fund balance and previous increases. The requested information is included along with a summary of the previous council actions on this fund. Approval of the rate increase is recommended in order to implement these rates beginning in January 2007 and to make final determinations on the budget in preparation for the December 4 th Truth in Taxation Hearing. Background The proposed 2007 Budget includes a 20% increase in environmental utility rates. The anticipated 2007 operating expenses for the Environmental Utility Fund total $1,257,240. The largest expenses are $647,020 for storm sewer maintenance, $292,540 for depreciation and $181,190 for street sweeping. The net income for 2007 will be $115,840. This will eliminate the cash deficit and produce a cash reserve of approximately $19,770 on 12- 31 -07. The following data was collected during a survey completed in July 2006 of metro cities: Average Qrtrly City Maple Grove Eden Prairie Eagan Shoreview Maplewood Edina Apple Valley Plymouth Minnetonka Bloomington Woodbury Burnsville Residential Bill $0.00 3.00 7.42 10.28 10.29 10.74 11.94 12.06 12.15 12.72 15.70 17.25 The 20% increase would cause the quarterly rates for single- family homes to go from $10.29 to $12.35. Rates for other types of property in Maplewood are based upon a utility factor which serves as a multiplier of the single- family home rate. The original rate for the Environmental Utility was set at $5.25 per quarter ($1.75 per month) in October 2003. Discussion Attached is a fund balance report from the finance department as of October 31, 2006. Also attached are reports from the previous years on the rates and increases in the Environmental Utility Fund along with a Preliminary 5 -year Plan that was presented as a possible scenario in 2003 on possible rate increases. A summary of rates in the past 5 years is: 2003 Rate: $1.75 per month per single family home (original rate) 2004 Rate: $1.75 per month per single family home 2005 Rate: $3.43 per month per single family home 2006 Rate: $3.43 per month per single family home 2007 Rate: $4.12 per month per single family home (proposed 20% increase) A couple of items of explanation: • A change in governmental reporting requirements (called Government Accounting Standards Board or GASB -34) necessitated that the city book the equity of public improvements. The City decided to book the equity of the storm sewer system to the EUF. This procedure necessitated that capital expenses for storm sewer improvements be moved out of the debt levy into the EUF fund. The $12,605,844 listed under Capital Contributions in 2003 was the value of storm sewer infrastructure in the city which is now accounted for in the Environmental Utility Fund. This infrastructure is being depreciated. The original assumptions in 2003 did not include full funding of depreciation which contributed to the rate increase in 2005, but resulted in a decrease in the impact on the debt levy. • The original estimate in 2003 of the funds collected by the original fee was overstated, resulting in a fund deficit in 2004. This also contributed to the major rate increase in 2005. • Fund equity is $11,653,639 as of October 31, 2006. Fallowing is an explanation of the cash within the fund: • Start of year cash balance: $210,625 • Revenue thru 10- 31 -06: $857,700 • Expenditures thru 10- 31 -06: $880,681 • Balance before transfers: $187,644 • Non - operating expenses /transfers bring the total reduction in fund equity to $813,662. • A current cash balance of ($268,734) indicates that revenues have not been received while expenses and transfers have occurred. The reduction in fund equity and the negative cash balance indicate the need for the recommended increase of 20 %. • The original (2003) 5 -year plan called for a 2007 total expenditure of $1,835,000, while the 2007 current budget for operating expenses is $1,257,240. The difference is in the transfers and treatment of capital expenditures made with the 2004 transfer of equity from the general fund to the EUF. These capital expenditures were funded by the debt service levy prior to that point and necessitated the major increases since 2003. • The major investment in the capital expenditures has changed since 2003 due to the requirements developed as part of the NPDES permit and the inclusion of the City into the Non - Degradation Requirements applied by the Minnesota Pollution Control Agency. All of the above factors have contributed to the decision to increase the rates of the Environmental Utility Fund above those proposed in the Preliminary 5 Year Program Plan. The Maplewood rates are still consistent with other metro communities who choose to fund their storm water and environmental treatment requirements through the utility charge. Approval of the rate increase is recommended. RECOMMENDATION It is recommended that the environmental utility rates be increased by 20% effective January 1, 2007 to provide the revenues anticipated in the 2007 Budget. Attachments: 1. Fund Balance Report as of October 31, 2006 2. Environmental Utility Article from Oct 2003 3. Environmental Utility Fund Fact Sheet from March 2006 4. 2003 Environmental Utility Fund Staff Report and Ordinance 5. Preliminary 5 -year Program from 2003 CITY OF MAPLEWOOD, MINNESOTA ENVIRONMENTAL UTILITY FUND (604) STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND EQUITY ACCT 60,000 2004 2005 2006 NO. 17,220 ACTUAL ACTUAL YTD 10131106 0 Operating revenues: 276,414 540,756 396,731 3544 Other government - miscellaneous grants $0 $0 $421 3651 Environmental utility charges 519,969 1,198 851,111 3633 Miscellaneous 0 0 6,168 Total revenues 519,969 1,198,896 857,700 Operating expenses: Administration Billing Building operations Nature center Storm sewer maintenance Street sweeping Depreciation Total expenses 60,000 60,000 51,663 37,948 32,963 26,079 17,220 0 0 0 0 20,999 276,414 540,756 396,731 173,275 171,237 141,421 290,871 292,545 243,788 855,728 1,097,501 880,681 Operating income (loss) Nonoperating revenues (expenses): 3801 Investment earnings 3809 Miscellaneous income 4920 Interest on investments 4930 Investment management fees Total nonoperating revenues (expenses) Net income (loss) before contributions and transfers Transfers in (out): Public Improvement Projects Fund Public Works Building Addition Fund Capital Improvements Projects Fund Capital Contributions Change in fund equity Fund equity - January 1 (335,759) 101,395 (22,981) 295 3,669 0 0 35,319 0 0 0 (6,276) (239) (817) 0 56 38,171 (6,276) (335,703) 139,566 (29,257) 0 (67,044) (744,405) 0 (100,000) (40,000) 0 0 0 12,605,844 100,435 0 12,270,141 72 (813,662) 124,203 12,394,344 12,467,301 Fund equity - December 31 $12,394,344 $12,467,301 $11,653,639 CITY OF MAPLEWOOD, MINNESOTA ENVIRONMENTAL UTILITY FUND (604) STATEMENT OF SOURCES AND APPLICATIONS OF CASH Total 6,114 239,067 836,475 Net increase (decrease) in cash 2004 ACTUAL 2005 ACTUAL 2006 ORIGINAL BUDGET Sources of cash: 2,659 210,625 Cash balance - December 31 $2,659 Net income (loss) {$335,703} $139,566 ($29,257) Add depreciation 290,871 292,545 243,788 Decrease in current assets 53,605 0 142,585 Increase in current liabilities 0 14,922 0 Total 8,773 447,033 357,116 Applications of cash: 0 Other liabilities (5,565) Purchase of fixed assets 0 0 45,171 Increase in current assets 0 72,023 0 Decrease in current liabilities 6,114 0 6,899 Transfers out 0 167,044 784,405 Total 6,114 239,067 836,475 Net increase (decrease) in cash 2,659 207,966 (479,359) Cash balance - January 1 0 2,659 210,625 Cash balance - December 31 $2,659 $210,625 ($268,734) Cash balance /working capital 3.9% 613°1% Working capital: Current assets Cash and investments 2,659 210,625 Other assets 70,653 142,677 Current liabilities Due to other funds 0 0 Other liabilities (5,565) (20,487) Net total $67,747 $332,815 CITY COUNCIL TO CONSIDER NEW FUNDING FOR ENVIRONMENT The Maplewood City Council has established protection and enhancement of the environmental features of our City as one of their highest goals. In particular, management of the surface water features of our City is viewed as a critical endeavor that requires a renewed focus. In March 2003, Maplewood submitted an application for a Storm Water Pollution Prevention Program, or SWPPP. The SWPPP is a federal requirement of the City under a program called the National Pollutant Discharge Elimination System. During the summer of 2003, the Council will review a proposal to provide a dedicated fund for some of the following activities: • Flood protection and reduction • Water quality improvements, including increased street sweeping • Wetland protection and enhancement • Erosion and sediment control • Drainage system construction and maintenance • Community education on environmental protection issues • Improved fish, wildlife and recreational opportunities. The Council will consider a monthly fee similar to the water and sewer bill that each homeowner currently receives. The current proposal is that each Maplewood homeowner would be charged $1.75 per month beginning around October 2003 for these environmental enhancement programs. The Environmental Utility Fund for Surface Water Management would include charges to business and industry equivalent to the amount of parking area and impervious roof areas on their particular site. Surrounding communities, such as Roseville, St. Paul, Woodbury, Vadnais Heights, North St. Paul and Oakdale have had such fees in place, some dating back to the mid- 1980's. Property owners interested in additional information on the Environmental Utility Funding proposal can attend a Public Information Open House on August 7, 2003 at Maplewood City Hall. The City Council will consider adopting the ordinance implementing the Environmental Utility Fee at a Public Hearing on August 11, 2003. Interested parties are invited to the Public Hearing to express concerns or support for programs. Additional information on the Environmental Utility Fund can be found on the City of Maplewood website at www.ci.malewood.inn.us Comments should be directed to Director of Public Works /City Engineer Chuck Ahl at chuck. ahl(a)ci.maplewood.mn.us or by calling 651- 770 -4550. Maplewood City News, October 2003 ENVIRONMENTAL UTILITY FUND Fact Sheet March 10, 2006 The Environmental Utility Fund was started in late 2003 in response to local legislation that required the City to establish a program to meet permit requirements for the storm water system. The legislative mandate, called the National Pollution Discharge Elimination System (NPDES), is required of all storm system agencies within the state of Minnesota. To receive a permit, the City is required to provide an active program for management of the drainage system. This fee is the funding source for that program. Maplewood was one of the last area communities to implement this fee system. The state has allowed this type of fee to property owners since the early 1980's. The City of Roseville was one of the first to implement the fee in 1984. The basis for the fee, rather than relying upon property taxes for the same expenses, is that the charge for the fee is based upon the amount of impervious surface on the property and the impact on the overall drainage system. Taxes are based solely on property value, which is not correlated to the needs of the drainage system. With a fee based on the amount of the utility used, similar to a water or sewer bill, the amount of the charge to properties is more equitable. The fee is also charged to non -tax paying properties which amounts to nearly 10% of the utility charge that would not be collected from non -tax paying properties. The biggest payers to the Environmental Utility Fund are Maplewood Mall and 3M. Both have the largest surfaces of pavement within the community and thus the largest impact on the services provided by the fund. The major expenses to the fund are to pay for street sweeping, storm pipe maintenance and wetland/ponding area maintenance. In addition, the fund pays for programs to enhance wetland areas and improvement water quality in our lakes and streams. The fund will create a revolving funding source for upgrades and replacement of the storm drainage system that will reduce assessments to property owners. The fee was increased significantly from 2004 to 2005 to meet the overall requirements of the program. The fee increased allowed the creation of the project funds and to increase the amount of maintenance and street sweeping. Questions on the Environmental Utility Fund and charges / credits should be referred to the Public Works Department at 651- 249 -2400. AGENDA REPORT FITi TO: Richard FunSnman City Manager FH[}K8: Chadee/\h[ Director 0f Public Works/City Engineer SUBJECT: Environmental Utility Fund for Surface Water Management — a. Ordinance —3 nd Reading b. Resolution Establishing Fee and AW1P Credit Administration DATE: August 18.2003 Introduction The 2003 budget included an appropriation for services to implement a permit application to meet federal requirements for storm water management. That permit application was submitted t0 the Minnesota PO||VUon Control Agency (yWPCA)On March 10. 2003. The requirements to meet the federal permit for storm water management included numerous tasks that are not currently funded. The city council established a goal in March 2003 to identify and explore new funding sources. Authorization was provided earlier in 2003 to investigate an Environmental/Surface Water Utility charge to property owners 8S8 permanent dedicated funding source tO meet the permit requirements. A special report Onthe Environmental Utility Fund for Surface Water Management has been prepared and was previously presented to the city council. A public hearing was held to consider establishment Vf the utility VnAugust 11, 2003. A second and final reading iS needed before the Utility becomes effective On October 1.2003. Background The Federal Clean Water Act Of1991 required that all discharges of storm water acquire 8Nationwide Pollution Discharge Elimination Source /NPDES\ p9nnh. The act required all cities that exceed 100 in population k]acquire their permits within seven years, while cities in excess of 10,000 persons (Phase 11 cities) were given 12 years. The NP0ES pnOc8Sa in Minnesota will be administered by the Minnesota PO||VUon {}0n[n3| Aoency(yWPCA). The K4PCAestgb|ish8d March 10, 2009 as the date that Phase || cities must submit a Notice of Intent for the permit application and a five-year Storm Water Pollution Prevention P|an(E|VVPPP). The League of Minnesota Cities (LMC) started a process in October 2002 with 73 communities (mainly cities) t0 develop 8 guide plan that assists cities in their application. The city council approved 8 joint powers agreement with LK8Cin October 20O2 that began the permit application process. In January 2003 the city council authorized preparation of the notice of intent (NOI) with specific storm water activities documenting that the City of yW8p|8vvVod will nn9Et the Clean Water Act requirements. A budget of $60,000 was established in January 2003 for this plan preparation. The storm water activities will require additional expenses to the city to meet the permit requirements. The additional tasks will include a more extensive maintenance of the storm water/surface water system, additional environmental features to treat surface water runoff prior to discharge, a more comprehensive street sweeping program, 8 wetland enhancement program and 8n educational component for public involvement in surface water management. Each 0f these tasks will require additional public funding. A dedicated SVVrc8 of funding that many surrounding communities (Roseville, []8kd8|8 N. St. PaV|, St. Paul, Woodbury, Shoreview, Vadnais Heights etc.) have implemented is a utility charge to property owners, C3||8d 8 S[orno water Urenvin]nnoen[a|/sUrfac8 water utility charge. This system administers the charge, similar to the sanitary Sevv8r utility, to each property. ASing|8 family home is typically the base charge and rates vary from $1.58 per month tV$5.00 per month (Page 32[f attached Special Report) throughout the metro area. |ti8 proposed that Maplewood e p|one8single-family home monthly charge of $1.75. This will provide the city with annual revenues of approximately $1,000,000 to use toward the Environmental Utility Funding program activities. Further details are included in the special report prepared for this poJgn8nn. City Council A Background Env Utility Fund August 18.2UO3 Page Two Schedule The following schedule is recommended for the city council to consider the utility fee concept: Council Considers Special Report and Calls Hearing July 14 City News Article Received by Homeowners July 1O.2003 Web Page Article Posted July 22.2UO3 Public Information Open House Hosted bv City Staff August 7 Council Holds Public Hearing and Considers 1°`Reading August 11 u (�VVnCi| Conducts 2 n Re8ding and Authorizes PVb|iC8UVn of {]ndin8nC8 Establishing Utility Fee August 25, 2003 Utility Fee Becomes Effective October 1 2003 Ordinance Establishing Environmental Utilit The attached document is the proposed ordinance that will establish the utility. The second reading iS proposed for August 25 although a date in September would b8 acceptable aSwell. The ordinance establishes that the utility rates will be set periodically byresolution. |tiS proposed tO set the rate at$1.75 per Single Family Residential Unit with the attached resolution that will be also b8 adopted aS8separate motion. The Utility would be proposed tObecome effective 0n October 1 adopted by the City Public Information Meeting Engineering staff and the consultant from SEH conducted an informational meet on Thursday, August 7 t Four individuals attended the informational meeting. One was opposed and suggested that public streets should be included in the overall revenue and charged to the cit taxpayers. One was in favor of the proposed fee and suggested 8 need for additional funding tO protect water quality inKOh|nn@nLake. A third person was a candidate for City Council and was looking for education on the proposal. The fourth individual was 8 member Vf the local cable TVmedia. No other input has been received on the proposed f88. Recommendation Ithsrecommended that the City Council approve the second reading of the ordinance establishing the Utility Fee and approve the resolution establishing the fee and BMP credits. M A jw Attachments: Special Report on Env Utility (previously submitted) Resolution (to be supplied Edpre-8genda\ Proposed Ordinance ORDINANCE NO. AN ORDINANCE ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC ENVIRONMENTAL UTILITY Section 1. Findings and purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the storm water system for the protection of the health, safety and general welfare of the public within the City. Section 2. Establishment. The City's storm water system shall be operated as a public utility (hereinafter called the `Environmental Utility "), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Section and State law. The Environmental Utility will be part of the Public Works Department and under the administration of the Public Works Director. Section 3. 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. Utility Factor means the ratio of runoff volume, in inches, for a particular land use to the runoff volume, in inches, for an average single - family residential, assuming a 2 -inch rainfall and Natural Resources Conservation Services ( "NRCS ") "Type B" soil conditions. Environmental Utility Fee means the annual charge developed for each parcel of land. Monthly Environmental Utility Revenue means the estimated monthly expenditures by the city for planning and inventories, capital expenditures, personnel and equipment and operation of the environmental utility, in accordance with established city policy. Section 4. Environmental Utility Factors. Subd. 1. The Environmental Utility Fee shall be determined by first determining the percentage of total runoff in the city which is attributed to Single Family Residential Property. The fee per acre for Single Family Residential is computed by computing the product of the runoff percentage and the Monthly Environmental Utility Revenue, divided by the estimated total acres of Single Family Residential land use in the city. The per acre fee for all other individual parcels shall be defined as the product of the Single Family Residential per acre fee, the appropriate utility factor and the total acreage of the parcel. Single Family Residential parcels shall be assessed on a per household basis. Subd. 2. The utility factors for various land uses are as follows: Classification Land Use Utility Factor I Residential 1.00 2 Multi-Family 2.72 3 Apartments/Condominiums, Townhouses 2.72 4 Commercial 4.23 5 Industrial 3.30 6 Public/Quasi Public 3.30 7 8 Parks/Open Space/Cemeteries Road Right-of-Way Exempt Exempt 9 Lake/Streams/Wetlands Exempt 10 Vacant Exempt Section 5. Credits. The Council may adopt policies, by resolution, for adjustment oJthe Utility Fees for parcels based upon hydrologic data tole supplied hv property owners, which data demonstrates u hydrologic response subst different from the standards. Such adjustments of Fees shall not be retroactive. Credits will be reviewed regularly by a city staff comi with a recommendation to the Council for final action. Section 6. Exemptions. The following land uses are exempt fi Utility Fee: (a) Public Right-of-Way (b) Lakes (c) Wetlands (d) City Property Section 7. Payment of Fee. Environmental \Td6tv Foes shall be invoiced every month with water and sanitary sewer bills. The fee shall bc due and payable the same terms ao water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall bc retained hv the city and applied against subsequent fees. Section 8. Appeal of Fee. If a property owner or person responsible for paying the Environmental Utility Fee believes that a particular assigned fee is incorrect, such a person may request that the fee be recomputed. Section 9. Penalty for Late Payment, Each billing for Environmental Utility Fees not paid when due shall incur a penalty charge of ten (10) percent of the amount past due. Section 10. Certification of Past Due Fees on Taxes. If any three (3) consecutive Environmental Utility Fees have not been paid when due, then a penalty as set forth on Section 9 of this ordinance shall be added to the amount due. Any such past due fees may then be certified to the County Auditor for collection with real estate taxes on the following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the city shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Section 11, Severability Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid. Section 12. Effective Date. This ordinance shall take effect upon the first day of October 2003. Passed by the City Council on 2003. Mayor City Clerk Ayes - Nayes - AGENDA REPORT FITi CTAN k i - ITA Tlyff TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Environmental Utility Fund for Surface Water Management — a. Ordinance — 2nd Reading b. Resolution Establishing Fee and BMP Credit Administration DATE: August 19, 2003 Supplemental Information Council Request for Additional Information At the August 11 Council meeting, staff was directed to investigate the following questions (answers are in bold following the question: What are the rates in the following six cities: a. St. Paul: $4.33 per month b. Blaine: No utility charge; may consider in future c. Little Canada: No utility charge; d. W. St. Paul: No utility charge; e. White Bear Lake: No utility charge; f. St. Louis Park: No utility charge; may consider in near future 2. What is the opinion of the St. Paul Regional Water Services of Maplewood implementing this fee? Bernie Bullert, Manager of the Regional Water Service indicated that they have no opinion of the City of Maplewood's decisions for implementing fees. The SPRWS is willing to provide a service for collecting the service fee. Mr. Bullert indicated that SPRWS has continued discussions with the City of St. Paul over whether SPRWS could provide this service, but, due to the amount of vacant property within St. Paul that does not receive a sewer/water bill, the City of St. Paul chooses to collect their fee through Ramsey County. Resolution on Credits Attached is a proposed resolution that confirms the fee effective on October 1, 2003, and continuing through 2004 at $1.75 per single family home. The resolution also establishes the criteria for administration of the system of credits to be used within the system. The most important issue is that the credit is based on actual reduction of flow and/or improved water quality treatment, and must be a minimum of a 20% credit application. M jw Attachments: Special Report on Environmental Utility (previously submitted) Resolution Proposed Ordinance (included with original background) RESOLUTION ENVIRONMENTAL UTILITY FUND POLICY STATEMENTS WHEREAS, On August 25, 2003, the Maplewood City Council approved the second reading of an ordinance which creates an Environmental Utility Fund for the purpose of surface water management consistent with M.S. 444.075 Subd. I and 3, and WHEREAS, All properties within the City of Maplewood shall contribute to the Environmental Utility in an amount proportional to the runoff contributed by each particular parcel, and, WHEREAS, all streets and highway rights of way, lakes, wetlands and parklands shall be exempt from all Environmental Utility Fund charges, and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that the following shall be the guiding policies and principles for the operation of the Environmental Utility Fund: Land Use — Land use for determining utility fees shall be the existing land use at the date of enactment of the Environmental Utility Ordinance. As land develops or redevelops, the fees will be recomputed based on the revised land use. 2. Soils — Natural Resources Conservation Services (NRCS) — Type B soils shall be assumed for determining the runoff index (CN) in the revenue equation. Rainfall (P) — A 2 -inch rainfall shall be used in the revenue equation. Runoff indices (CN) — The runoff indices for the property classifications are as follows: Classification Land Use Runoff Index (CN) I Residential 72 2 Multi-Family 85 3 Apartments/Condominiums, Townhouses 85 4 Commercial 92 5 Industrial 88 6 Public/Quasi Public 88 7 Parks/Open Space/Cemeteries Exempt 8 Road Right-of-Way Exempt 9 10 Lake/Streams/Wetlands Vacant Exempt Exempt 3. Revenue Equation — The revenue equation for computing the runoff volume (Q) shall be based on the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook Section 4 — Hydrology. The equation is as follows: Q = (P-0.2S) x (P-0.2S) where S = (1000/CN) —10 P + 0.8S and P = 2 inches 4. Credits a. The Public Works Director shall administer a system of credits as defined below. It shall be the responsibility of the property owner to provide justification for the fee adjustment. i. Storm Water Retention — If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the environmental utility fee shall be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. ii. Low Income — A portion of the utility fee may be waived for any property owner with income that is demonstrated to be below the Ramsey County general assistance level. This credit shall not exceed 50 percent of the total fee. iii. Property Under-utilization — If it can be demonstrated that a parcel's existing land use is developed to a lower density than assumed in the fee determination, and that no downstream improvements have been constructed based on potential development of the parcel, a proportional reduction of the fee shall be administered. iv. Water quality factor — If it can be demonstrated that the parcel has facilities constructed specifically for the purpose of water quality enhancement, a credit will be considered. The credit should be based on the removal efficiency of the facility. The property owner should provide the calculations demonstrating the phosphorus removal efficiency of the facility. The credit will be equal to 60 percent of the phosphorus reduction percentage. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. b. Credits must be applied for by December 15 of the year preceding the year in which the credit is to be considered. c. A property owner may appeal to the City Council regarding a determination of the credit once per calendar year. d. The Public Works Director shall establish and utilize a credit application form for consideration of fee reduction. It is the responsibility of the property owner to apply for the credit. 5. Adjustment of Fees a. Revision of Environmental Revenue — The estimated expenditures for the management of the environmental utility shall be revised at a frequency as determined and reviewed annually by the City Manager and reported to the City Council. b. Fees shall be adjusted according to established Maplewood procedures for the adjustment of utility rates. The fee for 2003 and 2004 is set at $1.75 per residential unit. 6. Change in Developed Condition of Parcel a. In the case of residential property, the revised utility rate will take effect immediately following occupancy of the dwelling. b. In the case of other development, the revised utility rate will be applied as soon as drainage/water quality features are developed. Approved this 25 day of August 2003 E 0 U; E a. 6 z D U_ z LU 2 z 0 z LU 0 0 0 LU _j a. (D Z m F- 0 O N 0! CD C 0 000 Oi Co. U') 0. 0;O m CD CD a co 0. .0 C14 - 'CD W CO 0 0 : (D CD'C) o CD CD CD CD. 0 0 lz �w Ci C). (=T 6 CD C C a) CO Lf�` LO cn! 0. 0 0 LO! i . 0 " : . 010 7 C i t LO. CO to in C�. CD! t-- 0 I CD t ji 0 1 0 i -1 CO i CD C); CD cri cn: CN! co V). ' C\I' C , ta 6-J. 6a V3_ 6 60- In 00 0:0 0 . C) CD i 0 1 0: CD 0 CD, 0 ol C 0; CD. 0 0 0 0 0 0 0! o! 0 0 CD LO : 0 LO o * o ! 'D ; C : C); 0 i CD :: L o C� 0 m i C) - LO 0; 0 • N 0 U') Ln co , co (D LO N LO z 0 0 i 61 LO LO: 0: rl- Co. LO C) la co Z4 _!NiN ( (N co " 4 W a -4. C �. C\J: CO C\J: N' i N i CO C\j C\J CO LO 0 0 L (0 C\J ca. 1-6% N 0 O N . . C) oiclo CiCD.O. 0 o� (Z) i C) CD . C)IO!Qi �l ( Z ) ! C O :0 . LO; 0 C ') C.O! Lr) C\j C\j C\j Qq 60- is 0 o. : : � �O . . . . . . . CD CD. C) 0 0 CD C c (Z� C� C� C� C) 0 CD LO r' : Ln (D C) Oi Ln CD 1- (Y) �W d} 6% 6 C) -i Ln (.0 C) C) - LO co 00 0. .0 C14 - 'CD W CO 0 0. C) (Z) i oi CD i CDi C i 0 0 0 C) ' c 0. 010 C) C) CD C. CD C). (=T 6 CD C C 0!0;0! CD c c C)t o: o n CD 6: 0 O 0 c c C) C�: -1 C! CDi i C o Ln .0 C 0 C i t LO. CT in C�. CD! t-- 0 d 6 a� cT c5 L6 CT: (N IN : C\J N 'IT C\l C\l 6q, M i i LO C\l 3 C\j r- I 04 U') V). ' C\I' C , ta 6a 6.� 64 E9? Ef3 -G% 61). 69- In I.M Q 0 cz . C L . I a. cr. LO CD Ow C) o (Di 0 i 0! oi Oi C) Os CD: C) CD o CD a 0!0 .0.0 0 i C) 0 C) CD CD CD Oi C)i oi o i 5 C) C):;Oloio�O.ozoi C). C, o, c Oi I i i . . C) 0 0 4:',1 . CT_ C) o: 0 CD. 0: C) C). . O CD V5 Uj a -4. C �. C\J: CO C\J: N' i N i CO C\j C\J CO LO 0 0 L (0 C\J 00 i Lr) 04 N 6 64 6q in 6s Za: Cc a , 0 0 ; c l . 0 C. Co _E o. X i a) : m co E 04 cl 0 0 ;0;0 ; 0 0 CD 0!:0 ' : o: CD: 0 C) CO: Lr) LO: C, CD. . c: c 0 C). CD. o: r C) CD C: c): 0 0 r LO LO. Lol (=T 6 CD 0 0) Cl) 0 i 0) i C\j N C\I: NI N C\j N C\ j to Gq .a 6a� 69H �.a 0 ;0;0 ; 0 0 CD 0 ce) LO: C, C:) 0 0 0 0 r LO LO. Lol N CD cy). E_ E to > > (D (U t�o cl PL( b O O c. 0 > E_ E > > (D L) C: Oi 0! c i'3', U) I.- I.M Q 0 cz . C L . I a. cr. CI a) cif 0 . Q) 0: cz (1) "j u) E' Q) .4 E cl ( D 0 4 Ot > i C: (D > i E (D 'rz! Q. 0 0 E i 6 � C: � 0! (D 0 E. M_' E (D i E U) Cc a , 0 0 ; c l . 0 C. Co _E o. X i a) : m co E 04 cl 0 U i cly 0 (D > cz ! C: LIJ! 2 (a ui 0 cr, E - 0 C: 0: M : Z:3 cn ca ca 0 0 Z_n a) c 7t CO CO: C)j Z3 0 _Fd - Fa C : 0 cz cn, Cl) S. U); cn (n < --i _j a- < (U t�o cl PL( b O O c. 0 Agenda Item K4 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03-20, Resolution Authorizing Investigation in Acquisition of Property DATE: November 16, 2006 INTRODUCTION On October 23, 2006 the City Council directed an investigation into a proposal for the use of the MnDOT property at TH 5 and TH 120 (Century Ave) and rejected a plan for the ISD #622 proposed bus garage facility at this property. The proposal being investigated included wetland enhancements in combination with a park /athletic field complex called the Marshlands Proposal. The Council authorized $30,000 for that investigation. The property remains under MnDOT jurisdiction and is open to further proposals. An exploration of transferring the jurisdiction to the city of Maplewood would protect the City's interests and allow the Marshlands Proposal to continue without any threats of outside agencies exploring options for the site. Approval to explore the conditions of a transfer is recommended. Background /Discussion The excess right of way on the western side of TH 120, at the intersection with TH 5, has been under discussion for six years regarding the possibility of relocating the ISD #622 bus maintenance facility from downtown North St. Paul to this site. An environmental group, including representatives from Hill — Murray Schools expressed interest/concern with site proposals. In July 2005 each of these groups made a presentation to the City Council on their proposal. On January 23, 2006, the City Council heard a presentation from ISD #622 on the bus garage proposal. On March, 13, 2006 a public hearing was held to receive local input on the Marshland Environmental Concept Plans. The Council directed that a Task Force of representatives from all the interest groups convene to identify issues and alternatives. The Task Force was charged with reporting to the Council with information by October 2006. The Task Force made their reports and the Council determined that a bus garage facility was not appropriate for this site and selected a proposal for investigation that included a major upgrade of the site wetlands in cooperation with area groups and agencies interested in an Environmental Complex that could include some athletic fields. The site remains under MnDOT jurisdiction and thus available to all governmental agencies for uses that MnDOT considers appropriate. MnDOT has provided Maplewood with a verbal commitment that they would not transfer the property to another jurisdiction without the City Council's approval; however, this does not preclude other agencies from submitting plans and plats for the site that the city would be required to review and subsequently approve or deny based upon established planning issues. As a governmental agency, Maplewood could request that MnDOT convey the jurisdiction for the property to the City with provisions. This would protect any outside agencies from exploring other uses on the site and would allow the City to place reasonable controls on current operations on the site, although it is anticipated that MnDOT would continue to be allowed their 5 acre maintenance operations. Exploration of these conditions should be explored. Other than some staff time, there should be no expense for this action or operation. RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing the Director of Public Works to investigation the acquisition /transfer of jurisdiction for the MnDOT property at TH 5 and TH 120. Attachments: 1 Resolution 2. MnDOT Letter RESOLUTION AUTHORIZING INVESTIGATION INTO ACQUISITION OF PROPERTY WHEREAS, pursuant to direction of the council adopted October 23rd, 2006, a study is underway on the possible development of an environmental complex on the vacant MnDOT property at Trunk Highways 120 and 5, Project 03 -20, and said study is due to the council in October 2007, and WHEREAS, the Director of Public Works has reported on the need to explore the possible jurisdictional transfer and/or acquisition of said property for the protection of this investigation, and WHEREAS, the City has previously received resident concerns about on -going operations at this site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Director of Public Works is hereby authorized on behalf of the City Council to investigate the possible acquisition and/or jurisdiction transfer of said property from MnDOT to the City of Maplewood for the purpose of protecting the public interest and welfare within the area. 2. The Director of Public Works shall report to the City Council on conditions of the transfer and/or acquisition no later than the second regular meeting of the Council of March 2007. June 24, 2006 City of Maplewood Maplewood MN, 55109 Dear Council: Several recent newspaper articles have focused on the Minnesota Department of Transportation (Mn/DOT) property at the intersection of TH 5 and TH 120, within the City of Maplewood. These articles advanced a misconception that Mn/DOT has "offered" this property for redevelopment. I would like to take the opportunity to clarify the status of the Mn/DOT property at the intersection of TH 5 and TH 120. While the original purpose for this property, the construction of an interchange is no longer intended, Mn/DOT has and will continue to utilize a portion of this property for materials storage. The remaining portion of the site is valuable to Mn/DOT for its potential as a site to restore and create wetlands as replacement for wetland impacts in the Metropolitan District. Mn/DOT has discussed and is willing to continue discussions regarding alternative uses on this property. These discussions have been and continue to be subject to the following conditions: 1. Any alternative use must maintain a 5 acre Mn/DOT materials storage area. (Either at this site or an equally convenient alternate site with no additional cost to the State). 2. Wetland credits must be made available to Mn/DOT in an amount commensurate with any lost opportunity for wetland replacement at this site. 3. The City of Maplewood must not object to the alternative use. Independent School District 622 has worked cooperatively and at length with the Mn/DOT Metro District regarding their plans for a portion of this site. They have fully met the first two conditions, and their plans have several additional transportation advantages. Mn/DOT is favorably disposed toward the ISD 622 proposal. The Hill Murray proposal has not yet met any of these conditions. In addition their proposal precludes a road connection through the property, thereby removing an opportunity to alleviate the traffic congestion at the intersection of TH 120 and Larpenteur. Also the utilization of the entire parcel for sports fields results in considerably more wetland impact. Development of a City of Maplewood proposal for sports fields at this site will also face these same issues (less of course condition 43). Mn/DOT remains willing to work with the City of Maplewood regarding all proposed alternative uses for this property. However, we do not wish to unduly raise your expectations. If no proposal can meet all three conditions above, Mn/DOT will continue to use the property for maintenance and other transportation uses. Sincerely, Chris Roy North Metro Area Manager Metro District Agenda Item L1 SUMMARY TO: City Manager FROM: Thomas Ekstrand, Senior Planner SUBJECT: Conditional Use Permit —Sandy Lake Materials Storage and Recycling LOCATION: County Road B West of 1 -35E DATE: November 14, 2006 INTRODUCTION John Blackstone, of the St. Paul Regional Water Services (SPRWS), is requesting that the city council approve a conditional use permit (CUP) to allow the continued operation of a recycle - materials storage operation. Currently, the applicant is using this property, the Sandy Lake site, as a place to deposit dirt, concrete and bituminous rubble that accumulates after the SPRWS repairs watermain breaks. The applicant is currently using the site for storage of these materials, but the SPRWS would like city approval to be allowed to periodically crush this material, recycle it, for use later in ground restoration after watermain breaks. They would store the crushed materials on site in a row of concrete - walled bins which would hold sand, class -V gravel mix, other gravel, lime grit and cold asphalt mix. These bins would be the only items constructed on the site. BACKGROUND Capping of Sandy Lake The applicant has stated that they are almost finished capping (covering with dirt and restoring with turf) the Sandy Lake site. This has been an ongoing hauling and spreading operation for several years. The capping operation may be completed as soon as the end of this year. After the SPRWS has completed the capping, they will plant the site with native grasses. DISCUSSION Staff is supportive of the continued storage of materials on this site. The SPRWS has a need to store dirt, concrete and asphalt debris resulting from their watermain repairs and this property is the most logical location. The impact of allowing the annual crushing /recycling operation is the only unknown at this time. Staff feels it is reasonable to allow this CUP for that purpose on a temporary basis. The city should evaluate the materials - recycling operation after the first time to see what, if any, problems may arise. Since the equipment is brought in to do the crushing once a year, staff does not see a problem with prohibiting the continued annual operation if nuisances occur. RECOMMENDATION Adopt the resolution approving a conditional use permit for the St. Paul Regional Water Services proposed material - storage and crushing /recycling operation on the Sandy Lake site. MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Senior Planner SUBJECT: Conditional Use Permit —Sandy Lake Materials Storage and Recycling LOCATION: County Road B West of 1 -35E DATE: November 14, 2006 INTRODUCTION Project Description John Blackstone, of the St. Paul Regional Water Services (SPRWS), is requesting that the city council allow the continued operation of a recycle - materials storage operation. Currently, the applicant is using this property, the Sandy Lake site, as a place to deposit dirt, concrete and bituminous rubble that accumulates after the SPRWS repairs watermain breaks. Mr. Blackstone explained to staff that they have been doing this already, but he would like city approval to be allowed to periodically crush this material, or recycle it, for use later in restoring the ground after watermain breaks. They would store the crushed materials on site in a row of concrete- walled bins which would hold sand, class -V gravel mix, other gravel, lime grit and cold asphalt mix. These bins would be the only items constructed on the site. The bins would measure 20 feet wide, 30 feet deep and six feet tall. Refer to the enclosed narrative and maps. In an email, Mr. Blackstone gave this additional background and project information: "The SPRWS is proposing to continue to use the site for storage and recycling of construction materials as we have been since the 1880s. Lime disposal began on the site in the 1930's. The proposed improvements to this site are minor and would not preclude converting the site to another use. The previously- proposed construction of soccer fields by the City of Saint Paul was abandoned because of the exorbitant cost of developing the site. SPRWS plans to remain on this site. We are currently investing $10,000,000 to upgrade to granulated activated filters. Our conduits from Lake Vadnais are on this site. The site is currently being capped and native grasses will be planted on over two thirds of the open space. We don't anticipate increased generation of traffic. Construction activities including crushing will be conducted during normal business hours. Crushing would occur once every year or two. We do have approximately 150 main breaks per year. If a main break occurs at night or on the weekend, we need to restore residential water immediately to continue to serve residents." Request The applicant is requesting that the city council approve a conditional use permit (CUP) for the proposed materials storage and the crushing and recycling operation since city code requires a CUP for any public utility, public service or public building use. BACKGROUND Spent -Lime Lagoon February 27, 1989: The city council approved a CUP for the St. Paul Water Utility to remove up to 130,000 cubic yards of spent lime per year over a five -year period. June 10, 1996: The city council approved a CUP and design plans for the expansion of the solids dewatering facility. August 11, 1997: The city council granted a CUP for the mining of the four dewatering lagoons to the north of Roselawn Avenue and west of the Jackson Street homes. This permit was to allow the water utility to remove lime from these four lagoons. One condition of this CUP was the submittal of a landscape plan for the area around these four lagoons. March 30, 1998: The city council approved the lagoon - landscape plan. December 1, 2001: The CUP for spent -lime lagoon had a "sunset" date which was December 1, 2001. That CUP, therefore, automatically ended. Sandy Lake Soccer Fields March 10, 2003: The city council approved a comprehensive land use plan amendment from OS (open space) to P (park) and a CUP to allow the City of St. Paul to develop the Sandy Lake site with soccer fields. The city council moved to review this permit in two years. February 14, 2005: The city council reviewed this CUP and moved to review it again in one year. November 28, 2005: The city council terminated the CUP for the soccer fields since the City of St. Paul decided not to build them. Capping of Sandy Lake The applicant has stated that they are almost finished capping (covering with dirt and restoring with turf) the Sandy Lake site. This has been an ongoing hauling and spreading operation for several years. The capping operation may be completed as soon as the end of this year. After the SPRWS has completed the capping, they will plant the site with native grasses. �±n"Mleu Conditional Use Permit According to Mr. Blackstone, the SPRWS has operated this site as a storage site for materials and as a deposit site for spent lime off and on since the 1880s. The SPRWS has been using the site in its current fashion since the early 1990s. The main reason for the applicant's request is to seek city approval to crush /recycle the stockpiled materials for approximately a week each year. Potential Problems /Neighbors' Concerns Traffic increase, noise, vibration and dust: The applicant does not foresee any increase in truck traffic during the normal day -to -day operation. For now, it will continue to be operated as it currently is with the exception of the proposed materials- crushing operation. One neighbor finds the site to be a nuisance already due to truck noise and vibration. Part of this problem is with backup beepers on trucks that are an annoyance. Other neighbors from a household south of the site feel that there are noise and dust problems already and they are concerned about this worsening once the crushing operation starts. Refer to their letter. Possible Remedies Mr. Blackstone stated that the best dust - control method is watering to keep dust down. He also said that most of the truck activity will end when they finish capping the site. It is possible that that may occur yet this year. Staff looked at whether additional plantings around the perimeter of the site would be beneficial. The homes to the south already have an evergreen hedge behind their yards to screen this site. When the deciduous trees are leafed out in the spring and summer, the screening is better. Likewise, there is existing screening for the homes to the northwest. Of course, the summer months provide the best screening when trees are leafed out. Due to the existing trees and the distance from the homes for the proposed activity, staff is not recommending any additional trees. This is certainly something the planning commission and council could consider, however. One last idea considered by staff is the paving of the entrance driveway. Developed sites always need paved drives and parking lots according to ordinance. This site is not developed in the true sense, but should the entrance drive be paved nevertheless? The benefit of paving would be to help lessen dust and dirt that is tracked out onto County Road B. Staff sees some benefit in this as there is a certain amount of dirt tracked out onto the street. Police Department Comments Lieutenant Rabbett of the Maplewood Police Department reviewed this proposal and has no significant public safety concerns. However, given the numerous neighborhood complaints that were received during the proposed soccer field proposal, he encourages 100 percent compliance with the sentence in Section 5 which states: "All SPRWS vehicles will be directed to enter the facility from the west (Rice Street)." Engineering Department Comments John DuCharme, with the city's engineering department, commented that dust would be a concern and the applicant should take steps to keep the dust down. The site should also be vegetated and care should be taken to control erosion and sediment from leaving the site. Capitol Region Watershed District Bob Fossum, of the Capitol Region Watershed District, commented on this proposal. Mr. Fossum said that the watershed district may not have a permitting requirement for this project, but they would like to review a more detailed plan to make that determination. Their biggest concern is that erosion and sediment be controlled so that it does not leave the site. One matter staff noticed while inspecting the site is that there are two areas that appear to have eroded from the internal driveway on the east side of the site down to the adjacent pond. There was concrete rubble placed in these furrows to serve as riprap. Mr. Fossum stated that he would inspect these. SUMMARY Staff is supportive of the continued storage of materials on this site. The SPRWS has a need to store dirt, concrete and asphalt debris resulting from their watermain repairs and this property is the most logical location. The impact of allowing the annual crush inglrecycling operation is the only unknown at this time. Staff feels it is reasonable to allow this CUP for that purpose on a temporary basis. The city should evaluate the materials - recycling operation after the first time to see what, if any, problems may arise. Since the equipment is brought in to do the crushing once a year, staff does not see a problem with prohibiting the continued annual operation if nuisances occur. The SPRWS should provide a detailed plan to the city engineer and the Capitol Regions Watershed District to assure that all erosion and sediment will be contained on site. Staff also recommends that the SPRWS provide a paved driveway apron at the street to help prevent dirt from being tracked onto County Road B. This apron should extend 50 feet into the property from County Road B along both internal driveways. The city engineer should approve the final design plan. COMMITTEE ACTIONS November 6, 2006: The planning commission recommended approval of this CUP. RECOMMENDATION Adopt the resolution approving a conditional use permit for the St. Paul Regional Water Services proposed material - storage and crush inglrecycling operation on the Sandy Lake site south of County Road B. Approval is based on the findings required by ordinance and subject to the following conditions: The applicant shall comply with the site plan date- stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development may approve minor changes. 2. The construction of the bins and paving of the driveway apron must be substantially started within two years of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. If the applicant has not substantially started this project by that time, the city council may renew this permit. I" 4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the riprapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. 5. The annual materials- crushing operation shall be reviewed by staff after the first time to evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The crushing operation shall be limited to Monday through Friday 8:00 a.m. to 5 p.m. 6. The applicant must keep the site watered to control the dust. 7. All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west from Rice Street. 8. If there are complaints concerning the hauling or crushing operations, the applicant and those complaining shall attempt to resolve the problems via Dispute Resolution. 9 CITIZENS' COMMENTS I surveyed the 79 property owners within 500 feet of this site for their opinion about the proposed soccer fields. Of the ten replies, four were in favor, two had no comment and four were opposed. In Favor • We think that this is a much better use of land and money and will keep our neighborhood as we like it. (Bednar, 137 Mount Vernon Avenue) • We both agree that the location of this development will not unduly affect our home. It sure beats the soccer field fiasco!! (Gerstner, 176 Mount Vernon Avenue) • 1 approve of your proposal to use the Sandy Lake area as a storage and recycling facility. I think it's a good idea. I have no objection whatsoever. (Donahue, 103 Mount Vernon Avenue) • 1 guess my only concern would be if it becomes a noise issue during non work hours. Thanks. (Yannarelly, 2008 Adolphus Street) Concerned As one of the homeowners closest to the site and the vehicular traffic it generates, I hold out hope that someday the parcel will be converted to public park /open space with a walking /cycling path but no roads. Barring that, as long as the plan up for debate does not increase the noise at the site or the traffic on the service road behind my house, I see no reason to oppose it. I would resist any plan that does increase the traffic or noise overall, or would create either at odd hours. I feel that overall, the aim of the city should be to reduce the industrial use of this site over time, to return it to a more natural state and have it be another in the fine group of public spaces the city boasts of. We are in a sometimes forgotten part of Maplewood, and I want to make sure the city is doing what it can to improve it. (Chapman, 160 County Road B) • We would like to see this entire area returned to its natural state — prairie grass —with no storage, crushing or recycling on it. Thank you. (Balster, 117 Skillman Avenue) We are very concerned with this proposal due to noise and dust. The trucks are currently running 24 hours a day, they have their back up beepers on for 45 minutes at a time and the dust was so bad this summer you couldn't open your windows in the house. When you start crushing this material will it increase the dust and what will the noise levels be? What process is used? We have a vibration issue in the house already when the trucks are idling. We want to receive notice of the public hearing when it is scheduled. #4 in the criteria for approval states that this will not cause excessive noise or vibration. We already have vibration just from trucks idling. (Plumbo, 176 Skillman Avenue) • Refer to the email transmittal from Mr. and Ms. Halvorson. They note problems that they have experienced with noise and dust and concern about the crushing operation. N REFERENCE INFORMATION SITE DESCRIPTION Site size: 8.5 acres (this is the northeast corner of a larger site totaling over 30 acres) Existing land use: Undeveloped, but currently used as a storage site for recycle materials (dirt, concrete and bituminous) from watermain breaks for the St. Paul Regional Water Services. SURROUNDING LAND USES North: Single dwellings and County Road B South: Single Dwellings East: Undeveloped open space and the St. Paul Business Center West West: The Soo Line Railroad, the Minnesota Waldorf School and the Tri- District School PLANNING Land Use Plan designations: existing: OS (open space); proposed: P (park) Zoning: F (farm residential) CODE REQUIREMENTS Section 44- 1092(1) of the city code requires a conditional use permit for public utility, public service or public building uses. Findings for CUP Approval Section 44- 1097(a) requires that the city council base their approval of a CUP on compliance with nine specific standards or findings. Refer to the findings in the attached resolution. APPLICATION DATE This application was accepted in complete form on October 6, 2006. State law requires that the city decide on this request within 60 days. The city council must act on this request by December 5, 2006. p:secl8 \Sandy Lake CUP 11 06 Attachments: 1. Location /Zoning Map 2. Land Use Plan Map 3. Site Plan 4. Applicant's Written Narrative 5. Email Transmittal from Don and Susan Halvorson dated November 9, 2006 6. CUP Resolution 7. Site Plan date - stamped October 6, 2006 (separate attachment) N . N Attachment 1 COUNTY ROAD B Location & Zoning Map Proposed Sand Lake Materials Storage And Crushing Site ROSELAWN AVE o 0 I—P E LJ w 1'� I DI 14 i j I ET va )JI N COUNTY ROAD B SKILLMAN AVE F- U) cn � a z O O Q uJ c( Y MT VERNON AVE DOWNS AVE - TT�T - M E HH�- Attachment 2 z ROSELAWN AVE O Q w m T E- Land Use Map Proposed Sand Lake Materials Storage And Crushing Site Attachment 3 CONDITIONAL USE APPLICATION RECEIVED SAINT PAUL REGIONAL WATER SERVICES OCT 0 6 2006 PROJECT SUMMARY The City Council may approve, amend or deny a conditional use permit application, based on the followings d s for approval, in addition to any standards for a specific conditional use found in the zoning ordinance. 1. The use would be located, designed, maintained.. constructed and operated to be in conformi with the Cltys comprehensive plan Code of Ordinances. I i ��M!11 M� SPRWS is proposing to continue to operatethe storage and recycling facility in the manner pri Z> 1� to capping the spent hine sludge field in compliance witb Minnesota Pollution Agency, City of Maplewood and Capitol Region Watershed requirements. The cap will be planted with native grasses. This will enhance the aesthetic view of the property. I 4. The use would not involve any 'on that would be dangerous, hazardous, detrimentaJ, disturbing, or cause a nuisance to any person or property, because of excessive, noise, glare, smoke, duct, odor, fumes water or air pollution, drainage water run-off, vibration, general unsightliness electrical interference or other nuisances. 4n 5, The use would generate only mal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Ve cu ar tr C s ant cipate ve cesw e t to en er e C1 Ity West (Rice Street). 1:11ii I rill I S. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. Also materials from main breaks will berecycled rather that placed in landfills� 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver, SPRWS requests that the City Council waive the above requirements for the proposed utility structure. Providing an efficient and effective location for the storage of materials from and main breaks is in the public interest, reduces impacts to the environment and benefits resident served b SPVVRS by keeping the cost of water treatment low. y 4P From: Susan Halvorson [maitto:shaivors@ties2.net] Sent: Tbu 11/9/2006 3: 11 PM To: reber-cacave@hotmail. cam; Erik Hjelle; Will Rossbach; Diana Longrie; Kathleen Juenernano Gubject: CUP for Sandy Lake Property My husband and I have concerns regarding the conditional use Permit application date stamped October 6,2006, by the St. Paul Regional Water Services for capping the lime, and materials storage and recycling on the Sandy Lake property. Item #4 says (to paraphrase) that the proposed use would not involve any thing that would be a Iuisance because of excessive noise or dust- I would like to address both of those issues as they have occurred this past spring and summer. D us t: The capping of the lime generated much noise and dust this past year from May through July. We were unable to have our windows open from 7 am, until around 7 pm Monday through Friday and on Saturday mornings because of all the dust. Every time a window was opened the sill had to be cleaned because of the accumulated dust, Weket-pourcarsinthe garage and they literally became dirty as fast as we would wash them. On May 17 1 called the Maplewood Public Works department because the blowing dust from the Sandy Lake property was so bad. I was told that I necded to call the St- Paul Regional Water Scm i ccs; and tell them about it. I felt that my complaint was falling on deaf ears. I am still wondering why if Maplewood issued a conditional use permit for this property whyMaplewood wouldn't be enforcing I was given the number of Salarn 14amid (sp?) to call at the St, Paul Regional Water Services- When I contacted him, his reaction to me was that the dust couldn't possibly be that bad. Be saidhe would be out to check on it but I never saw anyone come to check nor did I see a decrease in the dust on t11.at dav, M The conditional use application says that the site can be accesse=d'44 hours a day every day of the year. The trucks are extremely noisy when their beepers are in use when they back up and when the vibrators are used to empty the truck. Our home is on the south side of Skillet and faces the propcM. We can heur the noise from the beepers and the vibrators from A the rooms in our house even when all our windows and doors are closed. Many times we arc awakened during the night by the beepers and the vibrators on the trueks. In a letter from Tom Ekstrand dated October 12, 2006, it says that the St. Paul Regional Water Services would like to be able to crush Ilre asphalt and concrete that would be stored on the property. How much noise and dust will be generated when these materials are crushed? I know that when %vc have driven through road construction projects on highways and they are crushing materials it is extremely noisy and dusty. Due to the capping of the ]line bed, the Sandy Lake property sits higher than the yards of the homes on the cast end of Skillman so that the noise and the dust carry very easily toward us. Why can't there be a sound barrier of some sort on the south and west sides of the storage site to provide a buffer to our homes? As long as dirt is be=ing hauled, why can't ane bebe constructed? We have lived in our home for over 34 years and the dust and the noise from the Sandy Lake property have been an ongoing issue. Even though the conditional use permits say there will be no excessive noise or dust, our experiLtice has shown that this has not txx n the case. Thank you for your time and attention to this matter. Don and Susan Halvorson 17 0 Skillman Ave, E, Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the St. Paul Regional Water Services applied for a conditional use permit to use the Sandy Lake site as a storage and construction - materials recycling site. WHEREAS, Section 44- 1092(1) of the city code of ordinances requires a conditional use permit for any public utility, public service or public building use. WHEREAS, this permit applies to the property located on the south side of County Road B East on the west side of Interstate 35E. The legal description is: Parcel #18- 29 -22 -12 -0010: South 140' of North 270' of E 442', 681100'. North 130' of SW'14 of NE '14 subject to County Road B part of NW 1 14 of NE '14 S.E.LY of 160' W.W. RAW in SECTION 18, TOWN 29, RANGE 22. Parcel #18- 29 -22 -24 -0024: Subject to Avenue; except South 15' of East 320' of West 1790' of NW 1 14 ex. Part in James 1S Addition part of said NW 1 14, S.E.LY of W.W. RAW in SECTION 18, TOWN 29, RANGE 22. Parcel #18- 29 -22 -24 -0001: SECTION 18, TOWN 29, RANGE 22. 1 00' W.W. RAW across N 213 of SW 1 /4. 165' W.W. RAW across S 1 14 of NW 1 14. 160' W.W. RAW across N 3 14 of E'I2 of NW 1 /4 of SECTION 18, TOWN 29, RANGE 22. Parcel #18- 29 -22 -12 -0009: SECTION 18, TOWN 29, RANGE 22. 160' W.W RAW across NW 1 /4 of NE'14 of SECTION 18, TOWN 29, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: 1. On November 6, 2006, the planning commission held a public hearing and recommended approval of this request. 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 considered the recommendation of the city staff. 2. On November 27, 2006, the city council this request after considering the recommendations of the planning commission and those of city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The applicant shall comply with the site plan date - stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development may approve minor changes. 2. The construction of the bins and paving of the driveway apron must be substantially started within two years of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. If the applicant has not substantially started this project by that time, the city council may renew this permit. 4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the rip - rapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. 5. The annual materials - crushing operation shall be reviewed by staff after the first time to evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The crushing operation shall be limited to Monday through Friday 8 a.m. to 5 p.m. 6. The applicant must keep the site watered to control the dust. 7. All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west from Rice Street. 8. If there are complaints concerning the hauling or crushing operations, the applicant and those complaining shall attempt to resolve the problems via Dispute Resolution. The Maplewood City Council approved this resolution on MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 6, 2006 V. PUBLIC HEARING (7:30 — 8:03 p.m.) a. Saint Paul Regional Water Services Sandy Lake Site (County Road B — West of 1 -35E) Mr. Ekstrand said John Blackstone, of the St. Paul Regional Water Services ( SPRWS), is requesting that the city council allow the continued operation of a recycle- materials storage operation. Currently, the applicant is using this property, the Sandy Lake site, as a place to deposit dirt, concrete and bituminous rubble that accumulates after the SPRWS repairs water - main breaks. Mr. Blackstone has explained that they have been doing this already, but he would like approval to be allowed to periodically crush this material, or recycle it, for use later in restoring the ground after water -main breaks. The crushed materials would be stored on site in a row of concrete - walled bins which would hold sand, class -V gravel mix, other gravel, lime grit and cold asphalt mix. These bins would be the only items constructed on the site. The bins would measure 20 feet wide, 30 feet deep and six feet tall. The water conduits from Lake Vadnais are on this site. The site is currently being capped and native grasses will be planted on over two thirds of the open space. They do not anticipate increased generation of traffic. Construction activities including the material crushing will be conducted during normal business hours. Crushing would occur once every year or two. There are approximately 150 water main breaks in their system per year. If a main break occurs at night or on the weekend, they need to restore residential water immediately to continue to serve residents. Commissioner Trippler said in the CUP project summary on page 12, in number 5, second paragraph, in the last sentence it states all SPRWS vehicles will be directed to enter the facility from the west (Rice Street). Based on the map staff included in the packet that didn't make sense because Rice Street wasn't represented on the map. Mr. Ekstrand said Commissioner Trippler is correct. Rice Street is not represented on the map but County Road B is labeled on the map. As you leave the property and take a left that would take you directly to Rice Street. Mr. Roberts said he thinks Mr. Ekstrand is trying to say rather than having the traffic approach the site from the east from 35E or from McMenemy Street, all traffic would be coming to and from the site from Rice Street. Commissioner Trippler said if people would drive up to Rice Street and turn on to County Road B and enter the facility then are you asking for a driveway on County Road B? Mr. Roberts said there is already a driveway located there. Commissioner Trippler said in condition number 6 of the staff recommendations the condition states when dust becomes a problem, "who" defines or decides when dust becomes a problem and something needs to be done about it? Mr. Ekstrand said staff would determine if dust is a problem. If city staff received complaints by telephone staff would act on that as well. Otherwise staff would assume dust would not be a problem at the site. Planning Commission -2- Minutes of 11 -06 -06 Commissioner Trippler asked if staff would be agreeable to striking the beginning of condition number 6 when dust becomes a problem? Mr. Ekstrand said that's fine. Commissioner Trippler said SPRWS wants the site to be available 24/7 incase of an emergency, but in terms of using the crushing operation, that would be used for a limited time. He would feel more comfortable if it limited the hours of operation because of potential noise and other issues for the neighbors so the crushing operation would not be done in the middle of the night or on a Sunday afternoon for example. He would recommend limiting the crushing operation hours from 7 a.m. until 7 p.m. Monday through Friday and from 8:00 a.m. until 12:00 p.m. on Saturday. Mr. Roberts said if the commission wanted to include that it could be added to condition number 5. Commissioner Pearson said the staff report did not include "where" the crushing operation would be located on the site in relation to the homes in the area. He asked what the setback was in terms of noise for the residents in the area? Mr. Ekstand said that is not identified in the staff report and Mr. Blackstone can address that question when he has the opportunity to speak. However, you can see where the materials are being stockpiled right now if you visited the site and staff assumed that is where the operation would occur. Commissioner Pearson said he noticed that and he thought that would be about 200 feet from the homes. Noise could be a problem if it would be closer than that. Chairperson Fischer asked the applicant to address the commission. Mr. John Blackstone, SPRWS at 1900 Rice Street, Maplewood, addressed the commission. He said the location of the crushing operation would be located on the northeast side of the site which would be as far away from the residential area as they can get. The crushing would be contracted out with companies such as Semple Excavating who has done work for the City of Maplewood. The crushing would be done during the work week during normal business hours. Any work done in the evening or weekends would be very costly and charged as overtime. Chairperson Fischer asked the applicant if he had any problems with the conditions listed in the staff report? Mr. Blackstone said no. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item to come forward. Mr. Thomas Peck, 120 County Road B East, Maplewood, addressed the commission. He said his main concern is the standing water in his yard. He said when SPRWS started modifying the terrain in the 1990's his backyard has been getting flooded every spring. He asked if they would continue pumping the water out like they have for the last six years with a six -inch diesel pump to remove the water out of his yard. Planning Commission -3- Minutes of 11 -06 -06 Mr. Blackstone said SPRWS started depositing lime sludge in the Sandy Lake area in the late 1930's and early 1940's and over time the levies were built. The plan now is that this area is raised with a 1 % slope down in the southwest direction. That was an agreement worked out between the City of Maplewood, the Minnesota Pollution Control Agency, and the Watershed District. The city and the Watershed District preferred the water to sit on the land as long as possible and the MPCA "didn't" want the water to sit on the land because they didn't want it to infiltrate. Then the three entities agreed there on a 1% slope planted with native grasses. The water will run through the ponds and go into Trout Brook. The grading permit would be issued by the city and this would be an agreement between the City of Maplewood and the Watershed District and the MPCA. Mr. Peck said he wanted some assurance that the SPRWS will continue to use the service road. If the flooding continues to be a problem it is easy to raise the road. If SPRWS is going to continue to drain water off his property which happens once or twice in the spring, than he is fine with that. If another situation happens then he will have a problem with that and complain. Mr. Blackstone said he didn't think there were any other plans to change the operation at this time. He said Mr. Peck's concerns were noted. Mr. Peck said if the city wants him to call every time dust is a problem from this site then he will do so. He said if he washes his truck in the morning by afternoon his truck is so dusty he can write his name in the dust on his truck. He said he deals with it because he knows he could have worse neighbors than SPRWS and so far they have been okay to work with. Mr. Will Rossbach, Maplewood city councilmember addressed the commission. He said he is here to speak in the role of a water board commissioner, the group that regulates this utility. He said he was fortunate enough to get a tour of the SPRWS facility about a month ago and part of the tour was for the Sandy Lake area. Not too long ago a proposal for soccer fields was approved but has since been eliminated. The lime pits are difficult to project what exactly will happen with the dirt when you put it into the pit. The concept to have soccer fields requires a flat playing field and due to the unsettling nature of the soil the concept to have soccer fields was ruled out. We are all trying to do things together to reduce costs and be more efficient and this is a good example of working well together. It's less expensive for the utility company to do things this way and less expensive compared to having the work done off site and is less efficient. The rumor is that the capping of the lime fields will be done on a much quicker schedule than originally anticipated. Staff had said it would take a year or so and now Frattalone Excavating is working on a project where they will have a very large quantity of soil to get rid of. Frattalone Excavating is willing to charge the utility company basically nothing to cap the rest of the lime field and this may get done yet this year. When the hauling of the dirt is done the traffic should be diminished significantly because most of the trucks that go to the site are bringing in fill to dump. The dumping process had stopped at one time because the utility company ran out of money. It's always a good thing when the city can take something someone else doesn't want which helps both parties involved. Mr. Blackstone invited the planning commissioners and staff to call and schedule a tour of the SPRWS facility. He said SPRWS wants to be a good neighbor to the city and think it is an interesting tour for people to see what we do here and how things operate. Chairperson Fischer closed the public hearing. Planning Commission -4- Minutes of 11 -06 -06 Commissioner Pearson moved to adopt the resolution approving a conditional use permit for the St. Paul Regional Water Services proposed material- storage and crushing /recycling operation on the Sandy Lake site south of County Road B. Approval is based on the findings required by ordinance and subject to the following conditions: (Additions to the conditions are underlined and deletions are stricken.) 1. The applicant shall comply with the site plan date- stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development may approve minor changes. 2. The construction of the bins and paving of the driveway apron must be substantially started within two years of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. If the applicant has not substantially started this project by that time, the city council may renew this permit. 4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the riprapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. 5. The annual materials- crushing operation shall be reviewed by staff after the first time to evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The hours of operation for the crushing shall operate between the hours of 7 a.m. and 7 P.M. Monday through Friday. 6 tinrhon beGGmces a pFeble The applicant must keep the site watered to control the dust. Commissioner Trippler seconded. Ayes — Desai, Dierich, Fischer, Grover, Hess, Pearson, Trippler, Yarwood This motion passed. This item goes to the city council on November 27, 2006. Agenda Item L2 REPORT SUMMARY SUBJECT: Midwest Grounds Maintenance Company (previously Ohlson Landscaping) APPLICANT: Farid Atiyeh Site Address: 1949 Atlantic Street (Gladstone Neighborhood) Zoning: Business Commercial (BC) Land Use: Business Commercial (BC) City Council Hearing Date: November 27, 2006 Purpose of Review: November 28, 2005: The city council reviewed Ohlson Landscaping's CUP and requested review again to ensure completion of the grading, landscaping, and parking lot pavement. Requests: The new property owner, Farid Atiyeh, is requesting that the city council waive the requirement for paving the parking lot. Recommendations: Staff recommends approving the conditional use permits for Midwest Grounds Maintenance Company (1949 Atlantic Street) and reviewing them again in June 2007 to ensure completion of the parking lot pavement. MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Midwest Grounds Maintenance Company (previously Ohlson Landscaping) APPLICANT: Farid Atiyeh, Owner LOCATION: 1949 Atlantic Street (Gladstone Neighborhood) DATE: November 20, 2006 for the November 27 City Council Meeting INTRODUCTION The conditional use permit (CUP) for Midwest Grounds Maintenance Company located at 1949 Atlantic Street (Gladstone neighborhood) is due for review. The CUP was required for exterior storage and the construction of a metal building within the business commercial zoning district. BACKGROUND February 9, 2004: The city council approved a minor subdivision to subdivide 1949 Atlantic Street into two separate lots and also approved three CUPS as follows: 1) exterior storage for Ohlson Landscaping at 1949 Atlantic Street; 2) construction of a 3,264 - square -foot metal building within the business commercial zoning district at 1949 Atlantic Street for Ohlson Landscaping; and 3) exterior storage for Oehrlein Property Maintenance at the newly subdivided and vacant lot located north of 1949 Atlantic Street. Refer to the attached city council minutes (Attachment 3). August 22, 2005: The city council reviewed Ohlson Landscaping's CUPs. The city council waived the requirement to pave Ohlson Landscaping's parking lot for one year (August 22, 2006) pending the outcome of the Gladstone redevelopment concept plan. The city council required the owners to complete all other exterior improvements including fencing, landscaping, and grading by October 31, 2005, with review again in November 2005 to ensure this completion. November 28, 2005: The city council reviewed Ohlson Landscaping's CUP and requested review again to ensure completion of all required exterior improvements which were not installed by the November 2005 deadline as specified above. DISCUSSION Erik and Stephanie Ohlson sold the property at 1949 Atlantic Street to Farid Atiyeh in December 2005. Mr. Atiyeh owns Midwest Grounds Maintenance Company, which is a similar type of landscaping business as Ohlson Landscaping. The purchase agreement signed by the Ohlsons and Mr. Atiyeh stated that the remaining grading and landscaping would be complete by the Ohlsons, and that Mr. Atiyeh would be responsible for paving the parking lot if required by the city. The Ohlsons completed the grading and landscaping this fall. Mr. Atiyeh is now requesting that the city council waive the requirement for paving the parking lot. Mr. Atiyeh states in a letter submitted to the city (Attachment 4) that he would like to leave the parking lot as Class IV because the cost of paving the lot would far exceed the benefit due to the following reasons: 1) the Gladstone redevelopment project is uncertain at this time; 2) if redevelopment does occur and the property is sold, the parking lot would be torn up by the developer; 3) other similar lots in the area are not paved; and 3) heavy equipment (trucks and trailers) used in the business and parked on the lot daily would damage the pavement. The Ohlsons also requested that the city council waive the requirement for paving the parking lot last year pending the outcome of the Gladstone project. The Gladstone project is progressing with Phase I redevelopment of the St. Paul Tourist Cabin site and associated public improvements. Public improvements adjacent the Midwest Ground's property on Atlantic Street are preliminarily scheduled for 2008 -2010, pending further review by the city council. Redevelopment of the Midwest Ground's property prior to 2008 is not likely, and will probably prove to be one of the more difficult sites to redevelop due to the surrounding auto - related businesses with exterior storage and site clean -up issues. The city's engineering department has concerns with waiving the parking lot pavement requirement entirely due to the uncertain timeframe for redevelopment of the site. An unpaved parking lot will cause erosion, could cause some polluted run -off, will require continual maintenance, and will erode into the infiltration basin which was required on the front of the property for storm water management. For these reasons staff recommends that the city council waive the parking lot pavement requirement until June 2007. This will allow the new property owner time to budget and arrange for the improvement by next spring. RECOMMENDATION Approve the conditional use permits for Midwest Ground Maintenance Company (1949 Atlantic Street) and review again in June 2007 to ensure completion of the required parking lot pavement. P:Sec161Midwest Grounds Maintenance12006 CUP Review Attachments: 1. Location Map 2. Landscape Plan 3. February 9, 2004, City Council Minutes 4. Farid Atiyeh Letter Dated November 1, 2006 2 N S E Attachment 1 we A M 0: h ent 2 ry PARCEL A 6' 6 & 6 - TECHNY' ARBOR WFAE PA 7CEL B 'mss T POND PLAN77NGS 'SUNNY GARDENS" LAYOUT TO INCLUDE- 3 EA SXVV IFAiHD?' GRASS 3 EA WEA VY METAL* S41 MR CRASS 1 0 EA 'NAPPY RETURNS" DA ML Y 10 EA JAPANESE IRIS TO HE LAD OUT IN ACCORDANCE WTH C$rY DEVGN Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, February 9, 2004 Council Chambers, Municipal Building Meeting No. 04-03 H. PUBLIC HEARINGS 7:10 p.m. Ohlson Landscaping -1949 Atlantic Street Lot Division Conditional Use Permit for Outdoor Storage Conditional Use Permit for Metal Building Conditional Use Permit for exterior storage within the Business Commercial Zoning District Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. C. Commissioner Desai presented the Planning Commission Report. d. Boardmember Ledvina presented the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Stephanie Jacques, the applicant, 1706 Barclay Street, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the lot division request to subdivide the property at 1949 Atlantic Street into two lots based on the following conditions: a. Provide a certified land survey showing the existing and proposed property lines and proposed building and parking lot. b. Deeds describing the two new legal descriptions, which must be stamped by the city. Ramsey County requires the city acknowledgment of approval to record the deeds. City code requires that the deeds be recorded with Ramsey County within one year of the date of lot division approval (February 9, 2005) or the lot division becomes null and void. C. There are pending assessments on this property. In order for the city to approve the lot division the applicants must submit confirmation that the payment of assessments are resolved between the two property owners to the satisfaction of the city engineer. City Council Meeting 02-09-04 Seconded by Councilmember Juenemann Ayes-All Councihnember Rossbach moved to adopt the following resolution approving conditional use permit for Thor and Jenny Oehrlein for exterior storage within the Business Commercial (VC) zoning district in order to store lawn are maintenance vehicles on Parcel A (north parceDat 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-019 WHEREAS, Thor and Jenny Oehrlei applied for a conditional use permit for exterior storage within the business commercial zoning district for their property maintenance business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The northerly '/2of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: I On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this pen because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. City Council Meeting 02-09-04 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: I Exterior storage is limited to vehicles associated with a property maintenance business. All vehicles must be licensed and operable. No landscape material can be stored on the property, including but not limited to, lawn clippings, landscape rock, etc. 2. A 6-foot-high, solid wood, screening fence must be installed and maintained on the north property line. There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by city code. 4. The city council must approve a revision to this permit if the owner wants to put a permanent building on the site. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit to construct a 3,264- square- foot metal building within the Business Commercial (BC) zoning district on Parcel B (south parcel) at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-020 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for the construction of a metal storage building that is 3,264 square feet in area and 25 feet in height within the Business Commercial zoning district; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly /z of the following lot: Vacated alley adjacent and accruing and except the City Council Meeting 02-09-04 South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and tire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. S. 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 of the conditional use permit is subject to the following conditions: City Council Meeting 02-09-04 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of city council approval or the permit shall become null and void. 3. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit for exterior storage on Parcel B (south parcel) at 1849 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-021 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for exterior storage within the business commercial zoning district for their landscape business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly /z of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: I On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this 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. City Council Meeting 02-09-04 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: I Exterior storage is limited to four landscape bins (8 feet wide x 8 feet deep x 6 feet high in size). Storage within the bins is limited to landscape goods or materials such as rock, mulch, sand, woodchips, etc. 2. The four landscape bins must be placed on the southeast side of the lot and must be screened from Atlantic Street with landscaping. There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. 4. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to approve the plans (grading, utility, and landscape plans date - stamped November 18, 2003) FOR A 3,264 SQUARE FOOT METAL BUILDING AT 1949 Atlantic Street with followina conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Provide the following for city staff approval before the city issues a grading or building permit: City Council Meeting 02-09-04 A revised grading and drainage plan that addresses all engineering conditions as outlined in the January 5, 2004, engineering review and includes that the entire parking lot and driveway be paved. This plan must be approved by the city engineer prior to issuance of a grading permit. 2) A revised utility plan, subject to the city engineer's approval. The applicants must sign a developer's agreement with the City of Maplewood to ensure proper extension of city sewer and water to the site. 3) A revised site plan showing the following: a) The parking lot layout including the location of at least four striped parking spaces, with one of those spaces handicap accessible as required by the Americans with Disabilities Act. b) The driveway with a width of at least 20 feet is paved between the street and the parking lot. Any gate along this driveway must also open to a 20-foot width. C) The location of four landscape bins a maximum size of 8 feet wide x 8 feet deep x 6 feet high. 4) Revised elevations showing one exterior faucet located on the building, the proposed landscape bins to be constructed of concrete block, painted to match the building, and the southern chain-link fence with beige colored slats to match the building which creates an 80 percent opaque screen. 5) Building samples of metal panels, standing seam roof, trim, doors, wainscot, and fence slats. 6) A revised landscape plan that shows the following: a) Replacement of gravel on the north side of the building with grass or native plantings. b) Replacement of gravel on the west and south side of the building with landscaping rock three feet out from the building and sod used to cover the remaining ground. C) An infiltration basin/ramiwater garden planting plan showing an adequate number of native plantings to address infiltration needs as required by the city's engineering department. 7) The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand-water all landscaping, and any required landscape material that dies will be replaced. 8) A revised photometric plan showing the freestanding lights not to exceed 25 feet in height, including the base, and the light illumination from any outdoor light not to exceed .4 foot candles at all property lines. City Council Meeting 02-09-04 9) If trash is to be stored outside of the building, plans for a trash-dunipster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. 10) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. Install all required exterior improvements including paving and striping the parking lot, installation of landscaping, installation of beige fence slats, installation of outdoor lighting, etc., before occupying the building. d. If any required work is not done, the city may allow temporary occupancy if: I) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June I if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All City Council Meeting 02-09-04 Midwest Grounds Maintenance Co. Attachment 4 788 West Sextant Ave. - Roseville, Minnesota 551 Tel: 651-4-c&5599 - Fax: 651-490-3341 November 1, 2006 Attn. Shann Finwall/ Planner City of Maplewood 1830 County Road B East Maplewood MN 55109 Re: 1949 Atlantic St. Conditional Use Permit Dear Shann, I am requesting that the city reconsider property improvements relating to our conditional use permit. I purchased the property in December of 2006. The previous owners agreed to do all the outside grading, plants, and landscaping improvements. This process was completed as of October 2006. I would like to recommend leaving the parking lot as class IV. As a small business owner, I feel that the costs of paving the lot would far exceed the benefits for the following reasons: • The Gladstone redevelopment project is uncertain at this time. • If the redevelopment occurs and the property is sold, the parking lot would be torn up by the developer. • Other similar lots in the area are not paved and are class IV. I feel that my property is being singled out. To name a few: 1950 Atlantic St,— Oherlein Property Maintenance, The Boat Marine on Frost Ave, D& D Towings over flow lot and back drive. • The heavy equipment and trucks we use on a daily basis would damage the pavement. • The trailers we park and store on the parking lot would cause dips and cracks throughout the paved area. It is unnecessary to pave the lot for its current commercial use. My company and the city of Maplewood would not receive any benefits. Please call me at 651-490-5599 if you would like to discuss further, Thank you for your consideration. Sincerely, f Jf LrL.c� ff � /�� Farid Atiyeh Owner Agenda Item L3 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Woodlands Development, City Project 05 -04, Revisions to Public Street Entrance at McMenemy Street DATE: November 15, 2006 INTRODUCTION As part of the Woodlands Preliminary Plat, the City Council approved plans dated 10125/2005. Sophia Avenue, the public street that connects to McMenemy Street was not built to the approved plan. Significant changes were made to the retaining walls and sidewalk at this location. It will be very difficult for the city to maintain the street in regards to snow removal. It is recommended that the sidewalk and street be revised to provide for snow storage. In addition to the street changes, the developer did not complete the trail connection between the two private streets. It is recommended that the developer provide an as -built survey of this area. The Developer has opposed the City staff on this issue and requested a hearing with the Council. Council direction is recommended. Background The approved plan for the Woodlands Development originally included a sidewalk along the public street, Sophia Avenue, with a 5 foot buffer between the street and the sidewalk (see attachment). This buffer area is essential to the city as snow is stored here. During construction, Del Zentgraft, the project manager for the site, brought to the city's attention that the retaining walls could not be constructed without encroaching into private property. It was requested by Mr. Zentgraf that the street layout be revised to prevent encroachment on private property. City staff requested a new plan showing the preferred layout for approval. While the developer's engineer did provide a revised layout, it was never approved by the city engineer. The developer's agreement states that any deviations from the approved plans must receive written approval from the city engineer. Unfortunately, this did not occur and the developer, Ron Lillestrand, proceeded to construct the sidewalk and retaining walls per an unapproved plan. The sidewalk that was constructed allows for no buffer. Consequently there is no place for the city's plow drivers to store snow. This will be a long term maintenance issue for the city. Attached is a revised layout designed by city staff that would allow for snow storage areas along both sides of the street. To achieve this, the developer must remove existing sidewalk, the 10 foot median and a portion of the street. The new street and sidewalk would be constructed without the median, freeing up 10 feet which would allow for a buffer on both the north and south side of the street for snow storage. The approved plan also included a trail connection between the two private streets on the north end of the development. During construction the developer determined that the trail would be too steep and opted not to construct the trail connection, but rather end the trail short and create a turn around. A drawing of this is provided. Again, written approval was not obtained from the city engineer for this deviation. Staff requests that the developer provide an as -built survey between the trail turnaround and the private street to the east. Staff will then determine whether or not it is feasible to complete the trail connection. Staff has met with Ron Lillestrand and Del Zentgraf regarding the street and trail issues. No commitment has been made by them to make the recommended changes to the street. RECOMMENDATION City staff recommends that a portion of the public street, Sophia Street, be reconstructed per the attached plan to provide snow storage. It is also recommended that the developer provide an as -built survey between the trail that was constructed and the private drive to the east so staff can determine the feasibility of completing the trail connection. Attachments: 1. Location Map 2. Original Plan 2. Revised Street Plan 3. Original Trail Plan 0 L 0 T o .R L �� o J V � r � .c �? v v 3 C O O s .a O r • � � n u b � 3 s c -o '3 S- O � V J � � f . O � � V r J � J �a x � Q � U U l.� i� 5 Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: CarMax / Mogren Area Improvements, City Project 06- 17— Resolution Receiving Feasibility Report and Calling Public Hearing for December 18 DATE: November 17, 2006 INTRODUCTION /SUMMARY Bruce Mogren, representing Countryview Golf, is proposing a development on the former Countryview Golf Course site. The development includes the addition of a CarMax Used Car Dealership at the corner of Beam Avenue and Trunk Highway 61. The site includes a major retail store along with a fitness center and office facility. Mr. Mogren petitioned the city on June 12, 2006 to prepare the engineering plans for the public roadway that crosses through the development and deposited $168,000 for the engineering services. The development application is being reviewed by staff and is likely to be presented to the Planning Commission and City Council in December 2006. The Preliminary Report is complete and a Public Hearing on the improvements should be called for December 18, 2006. Background The CarMax 1 Mogren Addition is located north of Beam Avenue, east of Trunk Highway 61, south of the newly aligned County Road D and west of the Bruce Vento Trail. The developer will be working closely with the city to develop a storm water management system that will benefit the environment by improving the quality of water. It is proposed that the major street and utilities through the center of the development be public infrastructure. They are to be constructed as part of a public improvement project. A consultant, Kimley -Horn and Associates, Inc. (KHA), will prepare the detailed plans and specifications for the street and utilities. KHA has completed the preliminary report and is recommending improvements of $4,416,000. A majority of the project will be assessed to the benefiting property, although the City ($517,550), Ramsey County ($292,550), and MnDOT ($211,300) have obligations on improvements at County Road D and at Beam/TH 61 that should be coordinated with this project. The City's share of the project is proposed to be paid from Municipal State Aid Funds. Budget A not -to- exceed project budget of $168,000 was established for the project development and preliminary engineering required to complete the feasibility study and the project plans and specifications. The funds for 100% cost of the feasiblility budget were posted by the developer. Attached is the executive summary from the Preliminary Report. A hearing on the improvement is proposed for December 18, 2006, prior to additional expenditure of funds. RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the feasibility study including a traffic impact analysis, and calling a public hearing for December 18, 2006 at 7:00 pm for the CarMax / Mogren Addition, City Project 06 -14. Attachments: 1. Resolution 2. Executive Summary 3. Exhibits 5 and 6 RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted June 12th, 2006, a report has been prepared by the Kimley — Horn and Associates, Inc. under the city engineer's direction with reference to the improvement of the CarMax /Mogren Addition Improvements, City Project 06 -17, and this report was received by the council on November 27, 2006, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,416,000. 2. A public hearing shall be held on such proposed improvement on the 18 day of December, 2006 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. CITY OF MAPLEWOOD CARMAX/MOGREN ADDITION IMPROVEMENTS CITY PROJECT 06 -17 EXECUTIVE SUMMARY This Feasibility Study and Report has been prepared for the CarMax/Mogren Addition Improvements, City Project 06 -17. The proposed project includes the following improvements: • Construction of a new, north -south public roadway east of Trunk Highway 61, between County Road D and Beam Avenue. The public roadway will traverse the site of the proposed CarMax/Mogren development. • Roadway improvements on Beam Avenue from its intersection with Trunk Highway 61 to approximately 2000 feet east. These roadway improvements will include: relocation of various site appurtenances; widening of the roadway to the north to include a median and turn lanes onto the proposed roadway; installation of curb and gutter on the north side of the roadway; mill and overlay of the existing pavement; modifications to the storm sewer system; and installation of a traffic signal at the intersection of the proposed roadway with Beam Avenue. • Improvements to the intersection of Beam Avenue and Trunk Highway 61. Improvements will include: road widening, removal of an existing concrete island; removal of an existing traffic signal; and installation of a new traffic signal. • Installation of a traffic signal at the intersection of the proposed roadway with County Road D. Turn lane improvements on County Road D at this intersection have been completed as a part of the County Road D project and are not included in the scope of this project. • Construction of new storm sewer to convey storm water runoff from within the proposed roadway right -of -way to existing ponds, proposed ponds, and rain gardens within the proposed CarMax /Mogren development. • Construction of a drainage swale and replacement of existing twin 48 -inch pipes with an open channel_ • Construction of new wetlands on the project site to mitigate project impacts to existing wetlands. • Installation of new gravity sanitary sewer along the proposed roadway to service the proposed development. The proposed sanitary sewer will connect to existing sanitary sewer on Beam Avenue. • Installation of new watermain along the proposed roadway to service the proposed development and connect to an existing watermain on Beam Avenue. The estimated costs for the proposed improvements are detailed below. These costs include a construction contingency of 10% and a 31.5% allowance for indirect costs. Proposed Improvement Estimated Cost Roadway Improvements North -South Roadway $ 840,000 Beam Avenue $ 1,595,000 Beam Avenue /TH 61 Intersection $ 570,000 County Road D Intersection $ 304,000 Storm Water Management North -South Roadway Storm Sewer $ 213,000 Open Ditch/Wetland Section $ 434,000 Additional Wetland Areas $ 29,000 Sanitary Sewer Improvements $ 240,000 Watermain Improvements $ 191,000 Total Project Cost $ 4,416,000 The improvements are proposed to be funded through a combination of special assessments to the developer, City of Maplewood funds, Ramsey County funds, and MnDOT funds. Financing Source November 27, 2006 Amount Assessments $ 3,394,600 City of Maplewood $ 517,550 Ramsey County $ 292,550 MnDOT $ 211,300 Total $ 4,416,000 The following is a proposed schedule for the project if the City Council votes to proceed. Feasibility Study Accepted, Call Public Hearing November 27, 2006 Authorize Preparation of Plans & Specs November 27, 2006 Public Hearing December 18, 2006 Final Plans Complete for State Aid Review /Approval March 2, 2007 Approve Plans and Authorize Ad for Bids March 12, 2007 Bid Opening April 13, 2007 Award Contract April 23, 2007 Construction Start June 4, 2007* Construction Complete October/November 2007 * The construction start and completion dates are dependent upon the completion of the mass site grading by the developer. The mass site grading along the north -south roadway right -of -way must be completed and accepted by the City before public utility and roadway reconstruction can begin_ This schedule assumes that the site grading will be complete by June 1, 2007. Based upon the analysis completed as a part of this report, the proposed CarMax/Mogren Addition Improvements, City Project 06 -17 are feasible, necessary, cost- effective and would benefit the City of Maplewood. ii f L w w a w m i tg �b�N�ty Sn ggUZ gL �q—,, 6Mp 90 Hk3 N3190VU kill HISd3JI S1121H13N N3'JO00P UOGM311b W HO /.HJ1:C 00 ;11 U a xo c r w ;`_°� �3 w LL v y' Op C! L E o o o YCIS f L w w a w m i tg �b�N�ty Sn ggUZ gL �q—,, 6Mp 90 Hk3 N3190VU kill HISd3JI S1121H13N N3'JO00P UOGM311b W HO /.HJ1:C 1 ' 1 I � 44 I i 7 I ' t 1 4 r >. v so \ I 0 0 a i I i I I 0 a 3 1 i I I I 1 1 1 I --t[� — e (joa 41 Bq— 6MPyoH;: �— n�3aeow\ urnevs +a� \sii�iyx� \vaa�a� \ao:,u�a�ww J0 uioA :'D z O U U o F ° a z z o o o o �� a° a a ❑ bp 4x 1 ' 1 I � 44 I i 7 I ' t 1 4 r >. v so \ I 0 0 a i I i I I 0 a 3 1 i I I I 1 1 1 I --t[� — e (joa 41 Bq— 6MPyoH;: �— n�3aeow\ urnevs +a� \sii�iyx� \vaa�a� \ao:,u�a�ww J0 uioA :'D O U o o` ° =� ° a z z o o o o �� a° a a ❑ 1 ' 1 I � 44 I i 7 I ' t 1 4 r >. v so \ I 0 0 a i I i I I 0 a 3 1 i I I I 1 1 1 I --t[� — e (joa 41 Bq— 6MPyoH;: �— n�3aeow\ urnevs +a� \sii�iyx� \vaa�a� \ao:,u�a�ww J0 uioA :'D Agenda Item L5 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04 -21, Authorization to Proceed with Phase 1 Project Survey DATE: November 19, 2006 INTRODUCTION /SUMMARY It appears that Maplewood will receive $1.8 million in grant funds for the Phase 1 Development of Gladstone. These funds will be required to be spent in 2007 and 2008. Engineering and design of the improvements should begin in January — March of 2007 to allow coordination of all development. Approval to proceed with improvement field surveys is recommended. Background The Tourist Cabins development provides a very good opportunity for the City to address a number of issues. First and foremost is that the developer reports that the Tourist Cabins site is very deteriorated. The grant combined with this development is a very good opportunity for the City to begin the first phase of the process that will address the conditions within the entire Gladstone area. The staff needs to begin the necessary agreements and planning with the developer to take advantage of the opportunities to address these community needs if this is be realized. It is the Implementation Team's recommendation that now is the time for the Council to give the authorization to proceed with the project survey and project planning phase. A final copy of the Master Plan will be presented for adoption on December 18 It would be extremely important to conduct survey on the public improvements in December to allow for design during the winter and spring months of 2007. The next step is to begin the process to study the design details of the improvements along with preparing the specific financial documents and studies to begin implementing the development and improvements. The Council, on July 10 authorized $50,000 for the preparation of the grant and for this planning process. We have incurred about $30,000 of that amount to date. Authorization to begin detailed survey and analysis would require an additional $40,000 in consultant fees and project expenses for survey and soil exploration, along with the expertise needed for the design /analysis phase. These expenses are included within the project estimates and most are grant eligible. The grant requires that the City incur the expenses upfront and then be re- imbursed. RECOMMENDATION It is recommended that the City Council authorize the staff to proceed with the analysis phase of Phase I of the Gladstone project and provide the Director of Public Works with the authority to incur an additional $40,000 of project expenses for the purposes of detailed design and analysis. Agenda Item L -6 .i t E' C Memorandum To: City Council From: Greg Copeland, City Manager Date: November 22, 2006 Re: Proposed Amendment To City Council Rules of Procedure In an effort to be protective of the legal interests of the City of Maplewood and the legal process of the following amendment is recommended to the Rules of Procedure for City Council and Council Meetings, Section 7 Addressing The Council. Section 7 ADDRESSING THE COUNCIL A Any person desiring to address the Council shall first secure the permission of the Presiding Officer. B Each person addressing the Council shall give his /her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five (5) minutes. All remarks should be addressed to the Council as a body and not to any member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. *C In order to protect the legitimate public and financial interests of the City of Maplewood and to avoid any comment, communication or action that would or could be construed to compromise the city's legal or other interests and to protect the legal process itself no person who is a party to civil litigation pending against the City of Maplewood in any county, state or federal court shall be permitted to address the City Council under Visitor Presentations on the council meeting agenda, but may submit written comments to the City Council. * New language in italics. I recommend that the City Council adopt a motion to accept this recommendation.