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HomeMy WebLinkAbout1994 02-14 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 14, 1994 Council Chambers, Municipal Building Meeting No. 94 -03 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Council /Manager Workshop, January 20, 1994 2. Minutes of Meeting 94 -02 (January 24, 1994) E. APPROVAL OF AGENDA EA. PRESENTATIONS F. 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. There w i l l be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item w i l l be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. 1994 Contract With Landfall for Police Service 3. 1994 Dispatching Agreement with North St. Paul 4. 1994 Dispatching Agreement with East County Line Fire Department /Oakdale Ambulance 5. 1994 Dispatching Agreement with Woodbury Fire Department 6. 1994 Dispatching Agreement with Oakdale Fire Department 7. Maplewood Firefighters Relief Association a. Recalculation of 1992 and 1993 Funding Obligation b. Proposed By -Law Change 8. Resolution for Paine Webber Account 9. Tax Increment Transfer 10. Carryover of 1993 Appropriations to 1994 11. Donation to Maplewood Nature Center 12. 1994 Charitable Gambling Resolutions a. Lions Club at L & L Hall b. Lions Club at Guldens c. St. Jerome's at Dean's Tavern d. St. Jerome's at St. Jerome's School 13. Maplewood Nature Center Change Orders Numbers 1 through 5 14. Purchase of Marked Patrol Vehicles 15. Park & Recreation Commission 1993 Annual Report and 1994 Activity Plan 16. Planning Commission 1993 Annual Report 17. Conditional Use Permit Review: Carefree Cottages of Maplewood 18. Conditional Use Permit Review: Co. Rd. C (U.S. West Communications) 19. Final Plat: Pedro Addition 20. Liquor License - Ciatti's: Change of Manager 21. HAZMAT Contract 22. Resignation of Human Relations Commissioner and Commendation G. PUBLIC HEARINGS 1. 7:00 P.M., Price Avenue Vacation 2. 7:15 P.M., Easement Vacations: Maplewood Estates Second Addition 3. 7:30 P.M., Century Avenue Service (9 North Century Avenue) a. Conditional Use Permit b. Variance 4. 7:45 P.M., Hillside Center Sign Plan a. Variance b. Sign Plan Change 5. 8:00 P.M., Southwinds Townhomes a. Conditional Use Permit b. Lot Area and Lot Width Variances c. Easement Vacation d. Preliminary Plat, e. Design Plans H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Barbed Wire Fencing Ordinance (2nd Reading) 2. Community Design Review Board Ordinance (2nd Reading) 3. Majority Vote Ordinance (2nd Reading) J. NEW BUSINESS 1. Maplewood Open Space Committee's Update of Property Prioritization 2. Community Center Contingency Request, 3. Insurance for Open Meeting Law Defense Costs 4. Open Space Site 5. Districts for Commissions and Boards K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. Open Space Progress 2. N. ADJOURNMENT CITY COUNCIL/MANAGER WORKSHOP OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:30 p.m., Thursday, January 20, 1994 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Council /Manager, meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 5:30 p.m. B. ROLL CALL Mayor Gary Bastian Present Councilmembe'r Sherrie Alienspach Present Councilperson Dale Carlson Present Councilperson Mary Koppen Present Councilperson George Rossbach Present Others Present: City Manager Michael McGuire City Attorney Patrick Kelly Public Safety Director Ken Collins C. APPROVAL OF AGENDA The following items were added to the agenda: H. OTHER BUSINESS 1. Update on I.S.D. 622 High School Site 2. Robert PoIzeNFiag Request Mayor Bastian moved that the agenda be approved as amended. The motion was seconded by Counciimember Carlson and was approved. Ayes: All 1 D. FIRE DEPARTMENT CONTRACT UPDATE City Manager McGuire gave a brief overview of the - status of the negotiations with the Fire Departments on the 1993 -94 contract. Mr. William Bruen, consultant for the negotiations, presented information about the contract regarding hazardous materials, relief association, contract costs, and other miscellaneous contract issues. E. SCHEDULE COUNCIL. WORKSHOP RETREAT City Manager McGuire presented options for a City Council workshop. The consensus of the City Council was to have a one day team building session. The City Manager was directed to select a facilitator and a recommended date, and the Council will officially schedule the workshop at the January 24, 1994 meeting. Mayor Bastian left the ' meeting at 6 :54 p..m. F. CITY ATTORNEYS UPDATE ON LITIGATION At 6:58 p.m., the City Council recessed to Closed Session with City Attorney Kelly to discuss pending litigation. At 7 :35 p.m., the City Council left Closed Session and returned to the regular meeting. G. DISCUSSION OF COUNCIL POLICIES AND PROCEDURES Due to time constraints, this item was tabled to a future Council /Manager workshop. H. OTHER BUSINESS 1. Update on I.S.D. 622 High School Site City Manager McGuire presented information on the status of the proposed School District referendum. 2. Robert Polzer /Flag Request City Manager McGuire distributed a letter from Mr, Robert Polzer requesting that the City flag be flown in a particular manner. Following some discussion, it was the consensus of the City Council that this be investigated and tied into a larger. project. I. . FUTURE TOPICS This item was not discussed. J. ADJOURNMENT The meeting was adjourned at 7:50 p.m. 2 MINUTES OF MAP ELWOOD CITY COUNCIL 7:00 P.M., Monday, January 24, 1994 Council Chambers, Municipal Building Meeting No. 94 -02 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in thep Council Chambers, Municipal Building, and was called to Order at 7:00 P.M. by Mayor Bastian, Be PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Kopper, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUT, ES_, 1. Min of Meeting 94 -01 (January 10,1994) Councilmember Rossbach moved to approve the minutes of Meetin No.. 94 -01 jJanuary 104 ,,, 1993) as aresented. Seconded by Cou Carl Ay - all E. APPROVAL OF AGENDA Mayor Bastian moved to aunrove the Agenda as amended 19 L1 Mayor's Update 2. Remove J -1, Hillside Center Sign Plan Seconded by Council.member Koppen Ayes - all EA. PRESENTATIONS 1. Retirement - Bob odegard a. Mayor Bastian presented Director of Parks & Recreation Odegard with a plaque commending him for his years of service to the City of Maplewood, b. Councilmember Carlson congratulated Mr. Odegard on his retirement and thanked him for his dedicated service to the Ciy c. Councilmember Rossbach thanked Mr. Ode and for his ears of cooperativegy effort and his service to the City. 1 -24 -94 1 F. CONSENT AGENDA n Counc i 1 member Carlson moved, seconded , by Cou n c i 1 m ber Rossbacho ayes - all . to approve the consent agenda items F -1 thru F -11 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: S 434,75.0.24 Checks #1914 - #1961 Dated 1 -3 -94 thru 1 -12 -94 S1 206,138.32 Checks #12307 - #12485 Dated 1 -24 -94 1,640,888.86 Total per attached voucher /check register PAYROLL:239 Payroll Checks #38610 thru #38776 Dated 1 -14 -94 48..003.68 Payroll Deduction Checks #38784 thru 38797 dated 1 -14 -94 287 Total Payroll 1,928,339.09 GRAND TOTAL 2. Planning Commission Resignation 94 - 01 - 05 RESOLUTION OF APPRECIATION WHEREAS, Sherry Allenspach has been a member of the Maplewood Planning Commission since March 23, 1992 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated her experience, insights and good judgement and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, she has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Sherry All enspach is hereby extended our gratitude and appreciation for her dedicated service and we wish her continued success in the future. The position on the Planning Commission vacated by Sherry All enspach w i l l not be filled until Council acts on an ordinance relative to Commission and Board di sari cts . 1 -24 -94 2 0 3. Time Extension: Kohlman Lake Overlook No. 5 Approved a one -year time extension for the Kohlman. Lake overlook Number 5 preliminary plat, subject to the January 27, 1992 conditions of approval. 4. Preliminary Plat Time Extension: Oak Ridge Estates Approved a one -year time extension for Phase One of the Oak Ridge Estates preliminary plat, subject to the February 8, 1993 preliminary plat conditions. The City shall complete the annual review for Phases Two, Three and Four after June 1, 19940 5. Preliminary Plat Termination: Mi ggl er Addition Terminated the Mi ggl er . Addition preliminary plat because: 1. Governmentregul at i ons and policies have changed significantly since the City first approved the preliminary plat on September 22, 1986. 2. Over seven years have passed since the City held a public hearing on this plat. There may be new neighbors near the plat _site and they should have a chance to comment on the plans to develop this property. 3.. There has been no physical activity to develop this plat. Termination of this preliminary plat does not preclude development of t h i s property and the City will consider future development applications based on the standards in effect at the time of a new appl icati 6. Park Redevelopment Planning Process Accepted the Park Redevelopment Planning Process as developed by the Park and Recreation Commission and submitted for Council approval. 7. Nature Center Donation Accepted a donation of $250.00 from Bob and Carolyn Odegard, and authorized putting those funds into the Park Development fund (403- 814 - 316 - 4720). to be used for office and educational equipment or other uses for further development of the Nature Center. 8. Financial Transfers to Close Improvement Project 87 -45 Authorized the appropriate budget adjustments and approved the transfers necessary to close the fund for Project 87 -45, 9. Financial Transfers to Close Improvement Project 87 -14 Authorized the appropriate budget adjustments and approved the transfers necessary to close the fund for Project 87 -14. 1 -24 -94 3 10. 1.993 Budget Changes - Internal Rental Charges Approved the following budget changes to finance the 1993 Vehicle and Equipment Maintenance Fund and authorized the Finance Director to make these routine changes as needed on an annual basis Transfer From (To) C_ ont i,ngen, cy Account 501 Public Works Administration $ (210) 502 Street Maintenance (31,070) 601 Parks & Recreation Administration (640) 602 Parks Maintenance 189410 701 Community Development Administration 370 703 Building Inspections 1 704 Environmental Health 80 Net Amount To Contingency Account $(11,830) 11. Development Agreement - Carefree Cottages of Maplewood Limited Partnership Authorized conversion of the existing Development Agreement for Carefree Cottages of Maplewood Limited Partnership into two agreements, as a separate partnership (Carefree Cottages of Maplewood Limited Partnership II) is being created for the 48 -unit development with nothing changing except the partnership name. G. PUBLIC HEARINGS 1: T:OO P.M., (7:12 P.M.): Home Occupation - 2550 Minnehaha Avenue E. (Marie Gadway) a. Mayor Bastian convened the meeting for a public hearing regarding a request for a home occupation permit to operate a barber shop in one room of the basement at 2550 Minnehaha Avenue. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d Commissioner Fischer presented the Planning Commission report, recommending approval with seven conditions. e. Commissioner Ani tzber stated his reason for voting against approval was his concern about meeting the code l i m i t i n g space used to 20% of each level. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Marie Gadway, the applicant, 2550 East Minnehaha Avenue g. Mayor Bastian closed the public hearing. 1 -24 -94 4 h . Councilmember Rossbach moved to approve the Home Occupation Perini t to o erate a barber sho at 2550 Minnehaha Ave. E. with the fol1owin conditions; 1. Ms. Gadway shall follow the city's home occupation licensing requirements and must renew her license annually, as required by the Code. 2. The barber shop shall meet all building code requirements, including handicap access and fire wall separation for the mechanical equipment. No construction work shall be done without a building permit. 3. The barber shop may only operate on Monday through Friday, from 9:00 a.m. to 1:00 a.m. 4. Ms. Gadway shall only operate the barber shop in one room of the basement. There shall be no barber shop activities Outside the house. 5. There shall be a smoke detector on each floor of the house. 6. There shall be a .2A -10BC wall-mounted fire extinguisher i n the basement. 79 All customers shall park on the driveway. Seconded by Councilmember Carlson Ayes - all H. AWARD OF -BIDS 1. (7;18 P.M.) Large Trucks a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No.one appeared. e. Mayor Bastian introduced the following Resolution and moved its ad 94 - 01 - 06 AWARD of BID - LARGE TRUCKS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Boyer Ford Trucks in the amount of $116,865.25 is the lowest respon.sible bid for the purchase of one L8000 conventional truck and one LT9000 conventional tandem truck and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Koppen Ayes - all 1 -24 -94 5 UNFINISHED INESS 0 1 (7:23 P.M.) Phalen Lake Town Homes' a. Manager McGuire stated the applicant had requested this item be withdrawn from the Agenda. b. Mayor Bastian moved to table this item until the February 28, 1994 Council Meeting_ Seconded by Councilmember Koppen Ayes - J. NEW BUSINESS L (7:25 P.M.) Sterling Street Feasibility Study, Project 93 -10 a. Manager McGuire presented the staff report. b.. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Council member Carlson introduced the following Resolution and moved its adoption: 94 -01 -07 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, The City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Sterling Street, Larpenteur Avenue to Holloway Avenue, City Project 93 -10, by construction of street and utility improvements and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising Council that the proposed improvement on Sterling Street, Larpenteur Avenue to Holloway Avenue, City Project 93- 10, by construction of street and utility improvements is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $387,500. 1 -24 -94 6 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East county Road B on Monday, the 28th day of February, 1994, at 7:00 P.M. to consider 4 - said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Counci lmember Rossbach Ayes - Counci 1 members Al l enspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 4. (7x28 P.M.) Barbed Wire Fencing Ordinance (Ist Reading). a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor. Bastian moved first reading of an Ord i nance al l_owi na barbed wire on top.of.fences which are 6.feet or more in he Seconded by Councilmember Carlson Ayes -- all G. PUBLIC HEARINGS Continued 2. 7:30 P.M. (7:35 P.N.): Holloway Pond 2nd Addition a. Mayor Bastian convened the meeting for a public hearing regarding b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report, d. Commissioner Fischer presented the Planning Commission report. e. Boardmember Anitzberger presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, for proponents orggPP opponents. The following persons were heard: Dan Ogren - Good Value Homes g. Mayor Bastian closed the public hearing. Front Setback Variances h. Mayor Bastian introduced the following Resolution and moved.its adoption: 94 - 01 - 08 SETBACK VARIANCE RESOLUTION WHEREAS, Good Value Homes applied for variances from the zoning ordinance. 1 -24 -94 - 7 s WHEREAS, these variances apply to a site plan received by the City on October 22, 1993. WHEREAS, these variances apply to the 4.2 acre lot at. the southwest` corner of Holloway Avenue and Beebe Road. The legal description is: Registered Land Survey 396, Tract B, Subject to Easement WHEREAS, Section 36- 28(c)(6)(a) of the Maplewood Code of Ordinances requires a minimum building setback from a street right -of -way of 30 feet. WHEREAS, the applicant is proposing front setbacks for two proposed double dwellings of Zero feet and seven feet requiring variances of 30 feet and 23 feet. WHEREAS, the history of.these variances are as follows: 1. On January 3, 1994, the Planning Commission recommended that the City Council approve these variances. 2. On January 24 1994, the City Council held- a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variances for the following reasons: 1. Strict enforcement of the ordinance would cause an undue hardship because: a. There is an unusually large boulevard in front of these units. b. The developer cannot meet the setback because of a utility easement, 2. The proposed setbacks would meet the spirit and intent of the ordinance. The buildings would have the same setback from the curb as the other units on Holloway Avenue. Seconded by Councilmember Rossbach Ayes - all Lot Area and Width Variances i . Mayor Bastian introduced the following Resolut i on and moved its f adoption: 94 -01 -09 LOT AREA AND LOT WIDTH VARIANCE RESOLUTION WHEREAS, Good Value Homes applied for variances from the zoning ordinance. 1 -24 -94 8 WHEREAS, these variances apply to a site plan received by the City on October 22, 19930 WHEREAS, these variances apply to the 4.2 acre lot at the southwest corner of Holloway Avenue and Beebe Road. The legal description is. Registered Land Survey 396, Tract B. Subject to Easement WHEREAS, Section - 36 -88 of the Maplewood Code of Ordinances requires that each double -dwel l ing have at least 12,000 square feet of area and 85 feet of lot width, WHEREAS the applicant is proposing lot areas ranging from 6,384 square feet to 7,458 square feet and lot widths of 66 feet. , WHEREAS, the history of these variances are as follows: 1. On January 3, 1994, the Planning Commission recommended that the City Council approve these variances. 2 On January 24, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surround.ing property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The 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 variances - for the following reasons: 1. There is an unusual hardship. A homeowners' association will own and maintain the land that the developer would normally use to meet the lot area and frontage requirements. 2. This variance would meet the intent of the ordinance since the project would meet the City's density requirement. 3 The City approved the same variances for the Holloway Pond Town House project on the east side of Beebe Road. Seconded by Councilmember Rossbach Ayes - all Preliminary P'l at j . Mayor Bastian . move 1) Have the City Engineer approve the .final construction plans. These plans shall include the grading, tree preservation, street, utility, erosion control and drainage plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. Revise the grading plan to contain the 100 -year high water level of 980.3 on the site. 1 -24 -94 9 2) Give the City an easement for a wetland buffer zone.. This easement shal 1 prohi bi t any mowi ng, cutti ng, f i 11 i ng or dumpi ng, including yard waste, within ten feet of the wetlands or within the wetland in front of Units 11 and 12. 3) Revise the plat as follows: a. Make sure all driveways for individual units are at least eighteen feet long. b. Provide a 20 -foot setback between Units 9, 10 13 16 and 17 and the wetland boundary. c. Dedicate a drainage easement around the wetland on the site-Is west side. This easement shall match the 100 - year flood elevation. d. Show the wetland boundary- on the plat, as approved by the Watershed Board. If on the site, include the wetland at the southeast corner of the site and the connecting channel. e. Make sure that every effort. is made to maximize the distance between Units 11 and 12 and the wetland. 4) Sign an agreement with the City that guarantees that the developer will complete all public improvements and meet all City requirements. This agreement shall require that the developer: a. Place temporary fencing and signs 5 feet beyond the dripline of all trees that the developer will save, as possible. b. Install permanent signs around the edge of the wetland buffer zone or along the weal and boundary in front of Units 11 and 12 These signs shall state that there shall be no mowing, cutting, filling or dumping beyond this point. c. Clean the junk out of the wetland. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. Seconded by Councilmember Rossbach Ayes - all Site Plan and Building Elevations k. Mayor Bastian. following conditions: 1) Repeating this review in two years if the City has not issued a building permit for this project. 2) Replacing property irons that are removed because of this construction. 3) Restoring and sodding damaged boulevards. 1 -24 -94 10 4) Giving the City an easement for a wetland buffer zone. This easement shall prohibit any mowing, cutting, f i.l l i.ng or dumping, including yard waste, within ten feet of the wetlands or within the wetland in front of Units 11 and 12. 5) Installing signs along the wetland buffer zone or along the wetland boundary in front of Units 11 and 12 . These signs shall prohibit any mowing, cutting, filling or dumping, including yard waste, within ten feet of the wetland. 6) Revising the plan - as follows: a) Make sure all driveways for individual units are at least eighteen feet long. b) Provide a 20 -foot setback between Units 9, 10 13 16 and 17 and the wetland boundary. c) Make sure that every effort is made to maximize the distance between Units 11 and -12 and the wetland. 7) Providing the following, for the City Engineer's approval before the issuance of a building permit: a) A revised grading plan enlarging the holding pond to the loo -year high water elevation of 980.3 b) A drainage easement around the wetland on the site's west side. This easement shall match .the 100 year flood elevation. c) A grading, drainage, utility and erosion control plan. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. 8) Installing an in-ground sprinkler system for all landscaping, code requirement) 9) Submitting a detailed landscape plan for Design Review Board approval. 10) Having the location of each building staked by a registered land surveyor. 11) Providing an address sign at the main entrances for the buildings that do not have direct access to a public street. Put address signs on the buildings 12) Posting the 24- foot -wide driveways for no- parking on one side, 13) Sodding all turf areas, except the perimeter area around the pond which may be seeded. 14) Instal l i ng two f i re hydrants. The Fi re Marshal must approve the locations. 15) Submitting a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The amount shall be 150% of the cost of the unfinished work. The property owner shall give the staff an agreement that will allow the City to complete any unfinished work. Seconded by Councilmember Rossbach Ayes - all 1 -24 -94 11 Zoning Change (4 Votes) 1. Mayor Bastian introduced the following Resolution and moved its adoption: 94 - 01 - 10 ZONING MAP CHANGE WHEREAS, the City of Maplewood initiated a change in the zoning map from R -3 (Multiple Dwellings) to R -2 (Double Dwellings); WHEREAS, this change applies to Registered Land Survey 396, Tract B. Subject to Easement. WHEREAS, the history of this change is as follows: On January 24, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Rossbach H. AWARD OF BIDS 1. Large Trucks - HEARD AFTER G - 1 I. UNFINISHED BUSINESS 1. Phalen Lake Town Homes - HEARD AFTER H -1 Ayes - all 1 -24 -94 12 HEW BUSINESS 1. Sterling Street Feasibility Study, Pro 93 -10 — HEARD AFTER I -1 J. NEW BUSINESS - Continued 2. LCMR Grant Application a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report on the Storm Water Demon.s.tration Project. c. Assistant City Manager Magl. i ch presented the specif of the report on Open Space. d. Councilmember Rossbach moved to approve the Storm Water Demonstration Project grant as 1 ication_ Seconded by Councilmember Carlson Ayes - all e. Councilmember Rossbach mgved to approve the Open Space, rant anpli cat .ion. Seconded by Councilmember Carlson Ayes - all 3. Hillside Center Sign Plan REMOVED FROM AGENDA 4. (7:28 P.M.) Barbed Wire Fencing Ordinance (1st Reading) HEARD AFTER J -1 5. Community Design Review Board Ordinance (lst Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Boardmember Anitzberger presented the Community Design Review Board report. 4 d.Councilmember Rossbach moved first reading on ,a Ordinance changing the duties and responsibilities section ,of the Community Des gn_ „Review Board Ordinance. Seconded by Councilmember Allenspach Ayes - all 1 -24 -94 13 6. Open Space .Committee Appointment a. Manager McGuire presented the staff report. b. Mayor Bastian moved to _appoint Mr. Alan Singer as the tenth member of the OaenSpace.Committee. Seconded by Councilmember Carlson Ayes - all 7. East Community Family Service Agreement a. Manager McGuire presented the staff report. b Councilmember Carlson moved to aparove the agreement with East Community Family Service. Seconded by Councilmember Rossbach Ayes - all 8. Majority Vote ordinance a. Manager McGuire presented the staff report:. b. city Attorney Kelly responded to questions regarding the proposed ordinance. c. Mayor Bastian moved to approve. first reading of the MaJority Vote Ordinance with amendments as follows: 1. (First Paragraph) The City shall not sell, convey, lease or otherwise dispose of publicly owned real property acquired in whole or in part with the proceeds of bonds issued pursuant to the public referendum held November 2, 1993. 2. (c) The City Council approves said property disposal by a 4 /5ths vote of all its members after three public hearings. Seconded by Councilmember Koppen Ayes - all 9. 1994 Ambulance Rates a. Manager McGuire presented the staff report. b. Director of finance Faust presented the specifics of the report. c. Councilmember. Rossbach introduced the following Resolution and moved its gdo_ 93 - 01 - 11 ADOPTING 1994 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to. impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and 1 -24 -94 14 t . WHEREAS, the paramedic ambulance .services are partly financed by property taxes; and WHEREAS, it is fair and reasonable to charge non-residents a higher rate than residents ` for services rendered; and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced l i fe support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 1994 Residents Non - Residents Base rates: Basic ambulance services 225 $250 Advanced life support ambulance services $430 $475 Rate per mile transported 7.10 $ 7010 BE IT FURTHER RESOLVED, that there shall be no charge for services rendered when the patient is not transported when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro -rated between the people transported. Seconded by Councilmember Koppen Ayes - all 10. Surplus in Debt Service Fund for 1983 Improvement Bonds a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Seconded by Councilmember Carlson Ayes - all K. .VI.SITOR PRESENTATIONS NONE L.-.&OUNCIL PRESENTATIONS 1. Mayor's Update a. Mayor Bastian commented that because of social events that the Mayor and Councilmember may be invited to, and attend, there are likely to be occasions when it may appear there is a violation of the open meeting law. 1 -24 -94 15 for the 1973 Im rovement Bonds* and the a prODri ate budget d ustMents_. x b. Council directed legal counsel to review the law in order to preclude future violations. C. Councilmember Rossb.ach asked. for clarification. of whether Councilmembers' attending an informational meet i ng /workshop would be in v i o l a t i o n of the law, d Mayor Bastian stated the grand opening of the McGruff House in North St. Paul was held on. Saturday, January 22. N. ADMINISTRATIVE PRESENTATIONS 1. Open Space Progress a. Manager McGuire presented the staff report. b. Assistant Manager Maglich reported the Committee is working on a grant application for State funding and that they tentatively pl an to present the Council with a revised priority l i s t on February 28. Addi ti ovally, the City Manager will. be meeting with The Trust For Public Land during the week of January 17 to discuss any assistance they can offer in negotiations and acquisition. W, OF MEETING Lucille E. Aurelius City Clerk 1 -24 -94 16 f AGENDA REPORT TO: City Manager FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: February 7, 1994 AGENDA NO. F -1 It is recommended that. the Council approve payment of the following claims: ACCOUNTS PAYABLE: 423,068.12 Checks # 1962 thru # 2036 Dated 1 -13 -94 thru 1 -31 -94 256,776.45 Checks # 12512 thru # 12696 Dated 2 -14 -94 679, 844.57 Total Accounts Payable PAYROLLS: 216 Payroll Checks # 38842 thru # 39028 dated 1-28-94 47 Payroll Deduction Checks # 39033 thru 39048 dated 1 -28 -94 21, 832.13 Payroll Checks # 38810 thru # 38829 dated 1 -21 -94 20, 83 8.70 Payroll Deduction Check #38830 dated 1 -21 -94 306, 897.64 Total Payrolls 986 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCE/APPRCLW AGN 610U!: HRcE 13 i I - i u J 15- ER I " A G E jl C Fl E C I., V Ell D 0 R C: ii E' is k:,V E 1-J . Cl F::I IfUJN.:-r_:i':i1LJffl'BE1 =t 11 i ,.Ertliry1 _ ,fl Dl. «S 1 iiN 1 f i~ M CHE n l,•I 0 l 0 14 9 4 M1.i W .` -: N S is N p 7... I L iW EDUCATION 1 1 E I M B µ7 ry E M {p«'+t..0 QI y J f Y j : r -: L«T N. WE Ii! 1 1 [ G , 1. ::.. r'! 1 •t t_i', • + 1 t ' -t 1 j t 1 t th -r" '`t ' -, 4 -• -TE)ylJ::' (, r tom,1_ t ! 1 1 • Ati '' l t f: t,,:i J ,- 1, .1 {_?1 4 / ':t `•AMERERI { ' A N L .*I 6 1V SUPPLSUPPLY ENT 1t.RENTAL i 1" AREAE i °:. iJ C7 1 i F It:r 7 '7 18 tf j 1 150 J / ..r Cr: ?l TC F 7 fERV E S 3 1 125 1 1 1:` 14 9 4 C.'ARLE >fF -.I`V VEHI ALltOWA1.. K.E I VEHICLE ALL I "s [ 1 (. E 14 Y w w wZ 5 7 rl 1^I 10(..1 4 ! ': -' •ry LTDt-I ! f' F' E.. l t f f ! ICI `' 7 1h' J fr " {'' E _DELIVERY f '•1 _ Y • _ E C T f- L I.i ! i I ' ': t c , `s;i {:1 i C t: DAVIS OUTSIDE t 4. ._ Y r FACILITY SY;:)"I"E S 1 INC r R E P A I R SUPPLI O INC SUPPLIES EQUIPMENT t r 4 3 _,86,.43 4 94J 1... - P G- f1..E P L A N _7 N1 0 R I U M M E M B E R f' Cl 7 1 `' •' `a u 1. —t ' ! ' , 1 7 {_ }0 .1_}1'4 HL! 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N , M I t .:; 1 1 "E N : R t S i :: !':J -1 li # S tt 6 1 .11'i 12 5 4 1._1 --, , »} 300 0 t_ ` 14/93 L 1,; 1 F 1 1 r• L P f l f _ D U [- S INC ____- .__......_.. .__.......,. ..__.r ; i ' E, - rt ... -_.. .` f .L L - M. ._.. . ._. __...._. . -_.. ...___. .___..... _.. .. a - t 3... w a r t._ _ __. .-.1... w r .• Ir 1 i! !i_,300 r_ }w 14/'54 SOLIDIFICATION, INC.F I- l'OJEt.. 93-02L 81 1, t olw'_' t ?tj a .. e 1 • r }1 `_'...i' _ _, I ....._t .. r._?t ? y ; I + ., ;f; ' . A 4 J 1 i , : , ! ti _ P , : _: ;: f ' {. y1 . S i. ` VI 1 5 4 lli3l112lf" 5 4 4. 0 5 0 5-1 ST. PAUL, CITY OF I-!J E C 4 _. a9 - 43 t_ n t5 R0 E. i ':r0_ 1 F i._ i i_, u I 1 " FIR ,t-. • t t a 5 t_• f-' ! >J E { i: ' 3 '• { .. 1 . 'i r_I a s ' :'+y '. ' rilf r .. R !. dry .. , . =1 1 ._.: :: J. t_t I .. t k «I:4 I F r'_f` tMtD 1 I "1 L L. i ..V :. t- 1_i {. ' i t_. 1-! L. ' .V L !' 14_F f;L.j:: j'1'1 C f ; M. 'y ; I''tUCr! ER NU1y6B' t` R I:7 . l . }°1'ts ,taME E f,' Is =' f' }.ON A A MC s 8 9 f. I I tF ^ .. F, [ !(.. r1•• i t 3 1 F - s./ tom. C I i : ..+ 3 I i l •_ Imo• : t»+ .+..._ C 4 R E F' A I - 1 ].t . M i I h! T R f 11] " 1 R. F A I R M A 1 NT ; F ( A L) I_i t i ( t i, i;12546 842SI20 0•,f14 94 STATE OF MINNESOTA DLEC C0 C•HARGr a t 1a . j r..! s 1 R `y ... a .. 8 T ... i r= j ..}r• . S . r . ,•.. t.. r:. ' _` «i'Y. r• _:. -rr r S r...,. J l l , ..7 i.. S .: - Y:qr . - I 1 1 ! . 'r' t i._ t... «. .. }• _.[; .. i , ,,i,i t t{ l , t_) t r f . ` =.1 4 S U f—' E R A M E R I C A J =' I•-' L :. L S Q U I P M E N T I e2*7 4 ; f5-t . „ .. ar mot ,.+ 4 - ire 5 }l E! i.. J " / # rt m.•• a:- ' +::.. .... ._........_ s . -... i I t ,T 7' ? - i *. LE tJ S t...t i 1,,,;,- mot..,... 4• , ivt fr.. {t .. ._. ry `i- . q -I • l 1 • i..5 # t i L . t. L a=i V L.. I -- _: tom. ^ I_C >~. I a -- S ~ ' C.f U I ! ` i I!_. \ ° 1 1 ;w;{'rr_''r1 ;tics 0&'. 14 94 THftMA.LLA, DAV:t D T•tA,!LL Y 'I RA.? NiNG 14 n .':,'14 r49 i 71 i i mi ~y :, !1r I .f. i f 7 y 1 1 F ! ! L 1T ' 1, a.t ...'.'r :s i tJ t .. -t S.ice. ! .; I ! ` - L E t` .. a ..,Mr.t-, r .• ^., 7., i 8 :0800 0 14f 914 TR U ILI 11Fr a I { 1'! !"l ! Y J f Y T 1 L REPR M N {' V) HI 4 L+ a 1 r 7 i1 12553 9 02 /14i93 UNIFORMS UNLIM1 TI-D UP-4IFiiRMS 123 n rw, U F 11 . 0 1 i 11 1,. C' C L }.:.} T H I i iG 134 . 86 I t 3:;U P..! I F 0 R 1yl';> _: C L {D T H I N G 143 r t} 1 s U N,1 (YZ U =: C L O T H I N G 4 . 45 U N F t R Ins S r;. C: L }-} T H I N G F• ;:: i 48 40 1 42 5 5 4 1 .j • 7' F f 1 4 :` 9 4 J U I V E R ;JAL TITL R E W J lei LE r M 1 S 1J E .: !! L T r "= 1.1 r.qy1 1 tw.. •.«'T i .. .7. _. ..}0 ° iC ! ! T M t {+'''¢..' --....._ . ; per j jt }..i' _.._. _..... ....-- ---._- ..- •--- .. ___._. .__ _ 1.,. L •` 1,•Ifa. 1_•t . 1 +,.. _ _.....-- ----k' J. ... f V L PRI 1 I 1 f' -`• [ tJ(. FLwSt. 1 S 3 ' L 4 tw L.1 r C 5 1 y ,' ! .8 $P r l_r r 5 +mil 4 6 i_. =t yy . .. r ...rl = 1 1 -_}G. 1 ' fi ? : "1' u.r....v_ _.. ... _.._......_. 41 L _ t i 1 { }- a__..... _.. t— iRy..f _ _ .. .fir. — _... .. —... .. ..... - ... -_...j't is . j 5 q q' i t R : !'! 1 :' ! : M 7 f ! 1 rt L r T w.. . ti... k...y1. _. .... .._._ _.....f Lt 1 a . u_.... 9, = . .. .. .. —... ..gyp ` 1f , 1 a r:» I I. r 4 48 1: w, 7 9 {:} 57 0 2 f 1 =- / -J 4 t4 E I ES J , E 0 ki L D R . -. F U N D E (_ T P L }::` M I T =t _ 4 7 '7,: a 0 C 53 rA i, 1979 .w t_t __.f '" .r-!'f M t ^t t 1 t W T"t#3 s f f 467 - Y y •f D E. 4- E R R E.-A) C 0 11 F E N S AT 10 11 4 ! 0 ter 9 t- 6 13 48- - , -, 1 ViiU HI E U f 1. , / 9 4 M A L. -_ W ,, t i D I !. R L 4- i E f••. } d FIRE STATE 1 0= MF`I EWOOz f A , _ _........... - -.. .STA AID 7 - 1 i.. _- _4 4 8 1 8 9 0 • f1 I - 4 . T 4 , . _ t I PERIOD 14 3 4 C:HE(.' :K VEfitDt:C :Hf.:.CK VENDO I TEI T TEfI C.HEk -'K II NUMBER NUIY4L LI, + ;TE.NAME DE'CRTF'T ION AM:iUN•T AMOUNT U r•3i.. 0 0 1 1 1 i +! 94 GRAI•- f DAVID PREPAID E'APENSE 1/14/94 PI R 4 r {.. 6 I 86.7 26 y 1 1 1 MEMBERSHIP FOR 1994 2 4 lr.a00 1 1 —54140...1 01 , 1 •_ +r . 4 MINN. STATEE T EE S ! E DRI ,HE LI C: F EE F AY 037Z. t a iy3t a 1 19 +6 5414c_;01 / 13/94 1 E FiMINNa -- f . A TSURER M.T R iE.H L C: + —MOTOR ;i I FEESE . F A f A L+ ' L E 6 t. 706 •7' 5 r= f•„ +. f'.. _J G•w tPb ar• W . ... r i 1 • 1 a... __,.._.. •- .,••.• -.. a _.,.. .. •„a_.e. .... .... ._. _ _ -+ 1 •t _ ..., -.- ,- .___..._,_......- _,,. ,,. --... -. _. ,. ...__.. .. ..... _.. _ R ....F - A f. / ..' 0 l 93 E!'E R -86 _Z!5 7 8 2 t•• w , mot, ,t I.•1—. S 1 - fi t!0 1 1 4 % : j 4 t V i_t l ti f H E R i u ,:l { t f E ,`.1 F (_ i S 1 . T ILIy!' — X17 J' a •J l U T I L I Y I E S — 77' 1 3 .31 UTIL1•I_TES " 1540 0 Aj Tl L I T I L8. - UTILITIE`= - :J . ,•, f UTILI "! IEU - `7 20 w • , .3 .j41ai. 1 '- r i 41l1 01 / 1 *I• :r A t U Fi A L Ft E , t f•DE.f- i 1rE N S• zS Dili LTC FEES PAYABLE1 } - . .•{ LICENSE }r..Lr M.. 1 ` • i.w Y y,d 1•_rte t j i l • `..`947 . 00 1 ': 7 1' -5. ' - _- •-___i: - - •-- --•' ---lrl_ I- Irk-- >a--- --I -- • =1- - t ..t L.. -E-Ft _--A •- -I •I - L T .. -- -. -E "' , 1.972 541400 01 14! -MT1\11-d STATE 'TREASURER MCI'1 VEH LIC: FEES PAYBLEPAY 'i , 5 7 00s r. 52 . _ i. 7.0 0 _01/18/94 UNIVERSITY f:1 F T I'i tt AM ! M C» t•.f TRAVE T I A L I I i .i 3 15 a 0 *1 1 r , i, 9 i J 7 .y , a_ .:L 1 ,,.t !s i [^fa ic f-f•- -- -- - -- -•--- -L ) ) '''} y} • 7 /- •'• _ i }W-^•• `' f t+"f- ''"'t , , `--f "'j ••firy`-. f_"• "_ t r i is 19 5 ,-- . 1 1-01118i94 AMEDIC'-tom:EF'UIiiii D PMT AM4: A!:: T 2 k1li.. •_ a 5 a ' 1. f .54-1 01/18/94 MT N11 . STATE TRE:ASUI" ER STATETE DRI VE:RS L.I C FEES F'AYAL-Tfi. r,75.5 I 497.7-- r ; t littE 9, , i,i1 . f t . ..: `r„Y;1 •t _fci1 / '1 , , M r 4 F fi .. :E E R 1: A fit N::I r i r C r ti . f` A 1 A E. L L 1/ 1 4/ `_ 4 F l R 11 6 1 l a i 6 E r 1 . t fI -'I-,A X jsj 4 , `g1 I FICA C•ONf € RI I.. +U•T IONS 1f 14f'!t4 Pl F\111617.86 j1y_I r00 r 1979 .w t_t __.f '" .r-!'f M t ^t t 1 t W T"t#3 s f f 467 -1 y •f D E. 4- E R R E.-A) C 0 11 F E N S AT 10 11 4 ! 0 ter 9 t- 6 13 48- - , -, 1 f 1. , / 9 4 M A L. -_ W ,, t i D I !. R L 4- i E f••. } d FIRE STATEA , _ _........... - -.. .STA AID 7 - 1 8 1 8 9 0 • f1 01 U a S . W k is `i • t, I — * t 4y lTI U 1'41 C.' A "t 101 S t . ,...4 , . _ t I I I i_ !. ._ i • .., .. •- f . •' F=• f , y q i qq !'t k 5 iY r - _.- _..._ -.__.. ._. ._. .... .... .. .. N V J 4- 9 0 T , A !k ........ ..... _ .. ... ..... _.. ___. ...... .... .,... -. ... _ .. .. 2 .._.. .,._ ... - 1 ,-, ' { " I " } I L f ,:, L r . f- . PAYABLELE ' -' 1 t - a f -' ' 7 11 ,- ; , ; ; 1 {.1 01/25/ MI KI Y ,.•i TREA U,`tEE •3T..TE DR i' 7= - y# • Nil 'j jy _ _ TREASURER }y ` t` j 7 FEES / E--'L. 6 13 1 sMf !«1 , 541400 t_} I e:,, , '1' #' i .L lei t a _. J 1 f1 }• E f `1 1,..i 1 R V E H L 1 C P Y A '.•. : (+ 'F .... . .".; 4... ." ,... a tt Y • tY' _ _ ` iat S "•`.iulr. . I.. .. _. _........._. ._. 11 t }1 tr r 6 / j j a .84 i ,_:t' 1 4 1 2 * 0r_' +t 2' '=:4 LEIE F'AF` lU !'L I # T 11 €:: {T _ g - a E3 ,:. g 1 1f: r_ t " +: r .y' , '_) j _ 1 is r =t ! EASTMAN KO C i tj ' 1. L t A 1 I si G ! . _i to t ice.'! 3 " 0 ( a "i '1 1 I 161D1JATIItf ++lei 1 I G I A D Ur t -' L .Y L• L 1 .L iti t" 1-• 1-.1 r.} .. t ski .. j,.• l 1M _.. i,u y,j .. .. .. _.._ .. .. _.._. - .... , a Y. +a.,, ..... . .. .. ..._.... _._.. .. .. ... .... .. 7 a fi J r 'r( l ~ to ., y .. ......... . . . ... ..... _ .. tiz tl: i i s f1 ' C {C: I . ' If ,A lf" _. 3 W 0 C1 i 4 5 tt - C F' - ( 't I , 11.3 1 4 t i i V O LI C H E R : _ VENDOR rr '- i..': V LL ... _...... _._..... _.. _ 1 Eli NU :YBElam° DDATE NNAltlE D 1.T rrri!r: +i(1T TEL ,~l IA0N yy _ „,w is 111 c' :'5 4t. _ -01 !11 - 0011. Wt4 . S ..T.A..: E TR & A 3 i__ _... _T! E DR F T _n _ ^ !47 00 1 F 1983 5541400 1 ' / tt "! i 1 i'' a sue? T t'i t 1" iii rt i ,. t 1' a=_ .w t ... a 5 0 4 F5 1984 1140400 001 CCLERK OF D jam-• ::BURT 5 0 5 tt i tJ 4j- ....._ C i C1- . .. yj . i ". C. E I.r: '6 - 7... A Y !'S LP L.: : _.... _.. .i _.. ... _. ... ..... {a _. .. 1' =1;x;6 5541400 001. 0I:4 M 1 ii `t i" '' i: f=' , t L E 5504 . 17 aa 504 Y 17' 198 i 01/20/94 F tj i; :' ( "} , t} ii {g 0 , i } 0 t r p t t i _ 198+_! 55414{}0 001 i21 't4• MM1lid11 a STATi TkEAi 'UFiEfz MM0l1 -J R' VEH LIC i._.:t PA Y.L +Li: 0'*- 1 1. _a ,- 0 5541400 t ! i... i I ' a MM - • S T ff _i {" J'1 1 f. t_. ::J !..•. 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[ 1!1 13 1 r 7 r r' 1 5 n 7.5 I t`I12,,1 j f102.... t.0 f' BODYrALSBODY :H..P t •. r t r i t r .., ../REPAIR DA AC _ IDE.N - - 4t:.0t. -'5•j 11488 . Z; --- ..1 ti.. V L.t `: .. _..i, { „F. • ' • . 1 1r •.r V w/•r''w•F .- -14 ....w - •i -i1.I t3 • -4 -j' Y --i.. i.li tiILe}• I.i -4r,rliwl t 0.0 w ... r 0 s.•Ird 1 y,.• r «• ? { -r 9113 02 /14/94 V D 3. N G ice. L E r T E I C: !! PLY SUPPLIES L Q i i I f= M E N T 94.79 9 4. 7 9 1 : l :r.f f tty 1. 2691 r11 ::. 100 0j' ,::.. f j 1 4:`!f 4 V I • UE Pfiril I IiiT 1 JU ' "L I E,S - OFFICE 32`0.14 t SU L I Ea OFF I w L F59 . `C5 379 .59 t f r 1 r ;. {:} y L: / 14 / ` = 4 E t : twt J =t t _ Q ' E U { f • = [ L } E E j . ( I ~ ,, MEN • t...' U f"' L. I L S — E Q U i f M E J .. n _, ;1 ' r 4. .-a i 43 f u -,t5 1[ ;f 411 12693 t ;r4 5 02/14/WEr »TBUPHE SUPPLY INC- MAPLEWOOD SUPPLIES Et:,,tU IFMENT 58.68 rl r'r-t•1 , r •r'• r tp • , {r- ,w J.i;f?j,.2V9 aj•. .....-94..1:3t .—.—.0 tLl;Wf i .L_ r A -C .E_.. 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C-) 3 9; B 4 9 0038849 01729794 01/28/94 M I L.HHLL A McGU I RE THERESE CARLSON i I CITY OF MAPLE WOOD 000 1 GRETCHEN MAGLICH 2 092 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS 01723794 01 /28/94 GINA CASAREZ DAVID J JAHN 953w 21 1 o9ow,95 FOR THE CURRENT PAY PERIOD LYLE SWANSON 1,465.17, 0038855 0i /da/94 01/28/94 ll LLGES MICHAEL EEG ROM 33,25 l 0 CHECK NUPIL-Q-CHECK DRIED-PRYEE Hil uNT 3 3038842 0038861 DREE CAHL!:UN e IJ - 4a 0 ruf 1 6 0038843 01/28/94 GEORGE ROSSBACH 2 00 f 0038844 01/28/94 SHERRY ALLENSPACH 294'r 00 9 017237 URRY W BHSIIHN 334 i- 1121 00388,46 01 /28/94 MARVIN Kt.. PPEN 294 a 00 1 128 129 130 la C*10-38:847 01/28/94,ANN ANTONSEN'4444160.. C-) 3 9; B 4 9 0038849 01729794 01/28/94 M I L.HHLL A McGU I RE THERESE CARLSON i I 0038850 01/28/94 GRETCHEN MAGLICH 2 092 0 C-) 3 8 9 5 1 0038852 01723794 01 /28/94 GINA CASAREZ DAVID J JAHN 953w 21 1 o9ow,95 0038853 01/28/94 LYLE SWANSON 1,465.17, 0038855 0i /da/94 01/28/94 ll LLGES MICHAEL EEG ROM 33,25 i401 LARRY J CUDE 326. 40 i3l 3 1 s E 1' i »` `' !RNDRER J US-TER i 3, ii 1361 0 48, 0 3 8 01 /28/94 WILLIAM MIKISI-',A 203'm 20 371 0038659 01/28/94 DANIEL F FAUST 2 i401 Q I d8 /'4 LINDA ZICK I L) 8 1 2 OF i i4'2 0038861 0 1 28/ 94 WENDY KLAGER 1 340, 26 431i 0038662 01 /28/94 DEBORAH DEHN 716a 11 0038 613 8/ ! 94 RICHARD HANUSLEBEN 9,31 r` Ij 0038864 01 /26/94 ALANA K MATHEYS 0 00386- 65 MARGARET GIBBS 628.39 8 8 Es 6 2 94 D-EL--C, R E 5 A V I bP4HLU 1 a ab 154 :0038867 01/28/94 CAROLE J ANDERSON 1 107, 49 0038868 01/28/94 JUDY DeBILZA:N 414,w 02 0 CITY OF MAPLEWOOD 0002 w FOR CURRENT PAY PERIOD CHECK CHECK DATED PAYEE AMOUNT 0038869 01/28/94 LUCILLE E AURELIUS 2 1 0038870 01 /28/94 BETTY D SELVOG 0038871 01/28/94 PATRICIA FRY 75 0038889 01/28/94:CAROL NEL ON 1 846, 9f.-I m~0038874 01/28/94 BONNIE JOHNSON 6n 71 0038891 01/28/94 SCOTT L STEFFEN 1 '739. LURRHINE S V! TOR 0038892 01/28/94 JOHN J BANICK 1 99" q 0038876 01 /28/94 CAROL JAGOE 1 v ! 20:0038877 01/28/94 JEANETTE E CARLE 1 541 0038894 01 /28/94 DALE K CLAUSON 659,w 10 24 0038879 01/28/94 MARY KAY PALANK 1 126oi 0038880 0 1 /,28/ 94 KENNETH V COLLINS 2 504,, 14: i3ol 0038882 01 /28/94 JOANNE M SVENDSEN 1 0038883 01/28/94 ELAINE FULL-ER 570060 0038885 01/28/94 ANTHONY G CAHANES 2 158 a 06 n 0038888 01/28/94 DONALD W SKALMAN 2,006.31 0038889 01/28/94:CAROL NEL ON 1 846, 9f.-I 0038891 01/28/94 SCOTT L STEFFEN 1 '739. 0038892 01/28/94 JOHN J BANICK 1 99" 541 0038894 01 /28/94 DALE K CLAUSON 659,w 10 00388435 01/28/ 94 RICHARD M MOESCHTER 1,1768,77 CITY OF MAPLEWOOD 0003 EMPLOYEE GROSS EARNINGS AND PAYROL1,... DEDUCTION CHECKS J ' / 6 FOR THE CURRENT PAY PERIOD 2E 0038897 01/28/94 DAVID KVAM 1, 115a 40oft a 41 01 X28/94 WILys. F PELTJ ER 1 , 9100 3 I13 ARD. J LANG889001/2'8/94 RICH 1114 690 00 pm T f. 17 18 0038903 01/28/94 MICHAEL. RYAN 1 846 e O 19 71 0038-910 01 /28/94 8.0038898 4 I CHAEL~J HERBERT 110 i 21 00,6 t 121 t / 2 8 7 9 4 0038 900 a 41 01 X28/94 WILys. F PELTJ ER 1 , 9100 3 I13 ARD. J LANG889001/2'8/94 RICH 1114 690 00 pm T f. 17 18 0038903 01/28/94 MICHAEL. RYAN 1 846 e O 19 0038-910 01 /28/94 DERRELL T STOCKTON 20 ;,.}. 3 04 o 1. / 28/ 9 I CHAEL~J HERBERT 1 6 90:. 00 21 22 0 5 t / 2 8 7 9 4 S i 35 7 23 24 0038906 01 /R I CHARD C DREGE R 41 . 7 9 25 26 00389 » }7 C 01/28/94 GREGORY L STAFNE 1 tow 95 271 sj • wi Vr •w } 1.J E 39 28 00389013 L 112 94 R ii 0 i 1 , j s 50. 29 c i M L_r 60 X42 30 }036 909 f_} 1 / 28/94 KEVIN R HALWEG 2 }?. 39 rd 31 f 32 0038-910 01 /28/94 DERRELL T STOCKTON 1 . 08 00 33 i 35 2 FLINT D KARIS 37C 1 38 f 1.'yj w wI _ 1 ji ,l • j) r 1 i r8 . F r. j} jSTEPHEN . HE I i `f .. sj • wi Vr •w } 1.J E 39 s ii 0 i M tM•c i M L_r 60 X42 f_ 3891 5 01/28/94 DAVID J T OM LL_A 43 0038916 01/28/94 KEVIN RABBETT 1 661 84. 45 e; 47F _L } 038918 01 /28/94 STEVEN P {ALMA 1 753• 9I. 0038919 01/28 / 94 ROBERT E VORWE K 1 f F I J t_ F00,68920 L L..r j0 A t L • art ir1' i53 154ff 01/2 JAMES MEEHAN 1 0038922 01 /28/94 JON A MELANDER 2 57 s CITY O MAPLEWOOD C)0 r EMPLOYEE GROSS EARNINGS AND PAYROLL DED#.. CT I O CHECK FOR THE CURRENT PAY PERIOD 1 NUMBER CHECK DRT D PAYEE AMOUNT i lei! i 003 0 f 2 rl SARAH L L MI 112144 2 1 ! 0038924 01/28/94 JAMES M EMBERTSON I 823L9, 17 t 0038925 01/28/94 DUANE J WILLIAMS 1., 591 42 01 /E8/94 JANET L RABINE 1, bbbe 0 { » }01/ 28/ 94 LJUL. I E A STAHN + • LE 11 440 3 00 01/ 28/ 94 SCOTT K BOYER 1 390 4 i 1 '1 1 00 I I 1 1 i E 0038930 01/26/94 DAVID L ARNOLD 1 938,0 0 0038 931 01/28/94 WALTER LA FERTY 1 I21i 1 ; 2 3: 3 2 j PH FEHR 2 0w 1 3 1 6 X33 01 /28/ 94 JIL PETER 71 80 inrj r 01/28 J YME it F4...AA...I MMt .• - 1 _ C 128 00389,3 01 30l 5. ) • «• 38 ..f 36 0 1 f k.. / rl4 Z i N E T A I .«:. I S i«.. 504. R 132; a 0038937 01/28/94 J M CHLEDECK 1, 302. 8( » f v I 00,389,3 0 17 .«WILLI P I - 1 ! E GO 35 003 01/2 GERALD W M AM 138 t. }00389 01 /28/94 I AEL E f22 9. 3 j' I ti 1 0 01/28/94 DAVID P LUTZ M. 43 } 0038943 01/28/94 JAMES DA B'1.35?. 47 J :t 4 S. /28794 HEN L L« i t 1 702. » 9 - 1 0 0038946 0 1 ! i6 / «/ I RONAL 1w E L E Y r f W . 19 r Lit 4 01 E R C 1 I ~• U S TH r M r I 1 3 i 0038948 01/ 28 /94 RONALD L E REBE RG C 38949 9 t S j CITY OF MAPLE WOOD EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD c PAYEE A 1 Y 003895 01/28/ 4 JOHN DU CHARME 1 , ,.: }. #y 1 00389525 01 /DENN I S L PEC K 20 i»}88 9 5 1 28/ 9 WILLIAM PR I EBE 1 0 2i 0 3 954 01 /28/A. TE M CE I LEN 1 , ns. : ;:} i1i 3 r I E i ' 71 . j 38957 1S /j j _/ iJ j j''''` t `'' `ROBERT71T A Mme M E MK A R D 21 14i 003 958 01/ 6 /94 L I S J BRENNER 11 279 . 60 1221 f...J t`: ..3 L:BARBARR H 1 b R.} »} LV` i24 I 003 01 /28 P I N ST 1,7 9 # 26; i 0038961 01/28/94 QB'E R T S ANDERSON 11 469 0 To 1 DEN R 1 ' 29 : 11 038 963 01/28/94 ROLA D B NELEY 1, 315. 60 Iii; 1321 0038964 I 01 / 28/ 94 SHANE SWANSON 904 00 3 It f 3bas (L 0038966 01 /28/94 JAMES SCHINDELDhCKER 1 272a 80 0038967 01 ` 28 /94 MYLES R BUR E 1 , 339 n 6O i 00389r/ It 01 /28/ 94 :74 MICHAEL L A . AQUE 1 032, 74 i 0038970970 01 28 ./ 4 JANET M CREW HAYM f 74. 4 0038972 0 1 /28/94 MARGARET KUNDE 140w 40 0I 0036973 01/28/94 JEAN NELSON 653w94 534 41 38 75 01 /ANN E HUTCH I NSCN 1 0038976 01 /28/94 ELAINE SKOUMBOUF-s I S 71.50 9 CITY CE MAPLEWOOD 0006 EMPLOYEE GROSS EARN I NG'G AND PAYROLL DEDUCTION CHECKS ill FOR THE CURRENT PAY PERIOD PAYEE t i «} Sr a«? M.r j °_} 1.._ 8 jj '1 L E 1.J Q arr A 40 61 003697-8 01 /28/94 MARIE BARTA 1 162, 60 i 7 0 C)1.31728194 NANCY MIbF&LE:ljl 003 X81 01 / 28/94 JOYCE Lw L. I V I NG T UN 719a 45 003898 2 01/28/94 C I TOP E c L I CE 1 8 ,j.t 75 r us 2 jj001..}L.J.J C. 0038 984 01 /26/94 THOMAS G EK8 # RAND 1 a 7 7 rf R 38 0038985 f 01/28/94.MARJORIE OSTROM: t V _ } 1 0038986 L... 1i 11 5 • 0 i 0038987 01/28/94 ROBERT J WENGER 1 0 fit 01/28/94 AMANDA E G E lb 00 OR 588 50 01 /28/94 LISA ROSAUER pmq I _ ; 00 t 0 TAN I A CHASE 76R 00 003899 j .1 / 28 /94 .y ( { ( {yF{D MM - I J 7o HN S 7MIF. _ j { Q Y1500 * 0 00 Lt L...1728794 L.« R !; r » },01/2 BE RNA R 3 ANDERSON r 7 R 25 i 0038994 is 01/28/94,..MIKE MASON 1 00 i 00 01 /JAMES S w 1201 0tom} 0 r t r f • •t /dt f " ) . }t... w i I i jj001..}L.J.J C.MARCUSt( - jjj j+ ``''_ '''''[+ /j j ` _t(r ( lWi'U.w/ BOOG f `0 00 f - J v 1 f F « ! »} tit w L S.jo ._ ` tom • ' .r f,w } 1 f L... ... .; l •1•t E S O } fSTEVENt t 6 ..1} R y } t V _ }r• • r • 1 •28/ 94 1i r i i 01 /28/94 LISA ROSAUER 114a 00 I _ ;00 01/28/94 -JEF A K E S 3 .M R 0 0 iv V 0 i, CITY Off' MAC LE OOD 000 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS CO0 THE G"00CT OnV 09: P I Cn 1p f CHECK 1 t J 4' L• Sw r ti } fir `0 ` rJ U ri a t Lr` 0039005 f t Q fit _ r• 1+ 2 8% 9 4 jj `j } +fy t ''., jE, • i 1 # L{ 1 T V# i L A q) ! { r 1 •r} 0, 7 0 7 0039006 Ji r ' ` .{)0 1 / rr W/ M' ( f ' ! ''!! jt_ l l a_ '^ w j,jt {( kt ([T E f 1( L E ( C E • f c P I I R f L I N M f 00 14 Q1729794 RA 1- FE I- HHI Y 4 ` C) 0 4 t i 0039008 01/28/94 MATTHEW 141 0039009 01/28/94 HAROLD W SCHULTZ III 150. 00 16 06 01728794 M 73* 50 17 0039011 01 /28/94 M NDY AH Z ALD I 25.09 120I 0 01" 2.01 / 2:8/ 94 STEVE E GE 21I 22I r r 3 r .2 a C_ C 24 0039014 01 /28/94 JUSTIN P I EHOWSK I 30' , m 0 251 00390 01/ 28 / 94 CHR I STY SUMMER 49 ,* 00 i 1 7 1` 2 fir ? 03 30 f,»} w' JiF i w C 1341 003 0 01 LISA G I LBE R # SON 37 1 {.:}. 321" l J,1 C 0 3 9 0 W l E S DOU i B A Mr itc) s 1 135 36 0039020 01 /x:.:8/THOMAS E E S MAN I j 6t {.. }. 71 3i 381 003'5 _21 01/2 EDWARD A NADEAU 1 8140 i34( 1411 421 00 0 D S GDSON 1 1 x 84 * 1. 6 4sl 0039024 01 /28/94 DAVID DER AI N I o 312,. 4 0 11 r 0039026 01 /28/94 GEORGE C SPREIGL f s2 w f' wr » ww •1/28 /94t »j' rr jn }s F( j ''' }'''! = j j''COI s7 N i E E 1 f 1! I Mr R Q .jr 1' 0 1 3 s U6 i52 0 39028 0112 /94 E 17 BETH J 641 0039029 VOID 01/28/94 FIRST MINNESOTA (FICA)10 4b a ,37 56 Je 0039030 VOID 01 /28/ 94 PURL I C E R ASSOC 5 6099 1 r,7 1p i CITY OF MACLEWOOD C)C)C)8 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 1 ,CHECK NUM B R CHECK DATED PAYEE AO•t -' VOID 01/28/94 CITY OE MAPLEWOOD ( HCMA)4s ) 492, 44 003903f 01/28/C:I. TY COUNTY P CF's_. UNIO 3 s 161 r ov rt 0039031 VOID 1/28/94 APLEWOOD O i A 1 BANK 1 23, O 0039038 VOID 01 /28194 COMMERCIAL LIFE INSURANCE 2434 O 0039039 16 01/ 28/94 00 032 VOID 01 /28/MN STATE COMM OF REVENUE 9 787. 87 003 01/26/94 I i f 003 033 01 '28/94 IC MA RETIREMENT TRUST--457 13 51on 2i f_)A+VOID J 1 / i= L-% J4 E I KO V M I ` E1OU I H J+ VS.:5I I D VOID 01/28/94 CITY OE MAPLEWOOD ( HCMA)4s ) 492, 44 003903f 0000 01/28/C:I. TY COUNTY P CF's_. UNIO 3 s 161 r ov 0 - r ' ) j 0 {5MM Q 1 d 0 r PF40L H H 1448 8.Q .... 0039038 VOID 01 /28194 COMMERCIAL LIFE INSURANCE 2434 O 0039039 VOID 01/ 28/94 PU-BL IO EMS. RETIREMENT ASSOC 1 7 8. 50 003 01/26/94 AF UM 2725 685 r 85 127; 1 2725 7a990039042001/28/94 AFSCME p go fl) IV1 47 43i 0039053 VOID 01/ PUBLIC EMS; RETIREMENT ASSOC 418,26 f i i vl 0039054 VOID 01/28/94 PUBLIC EMS; RETIREMENT ASSOC 8, 575w 10 i 1531 UHUtjl: t--HXN s NUS HNU ULUU I 1 UMW .. s {_} 8Q se id 1 4 1 561 0 lrl° «J J W 003 044 0 7 2 8 t 01 /28/94 ME I RO SOPERVISORY b!6 Mai. MUTUAL LIFE INS. 19-3968 r w c 535,w 00 0039045. 1. 01/28/94.MN BENEFIT ASSOCIATION 61 ' 003 VOID f 0039047 VOID 01728794 01/28/94 PUBLIL EMP RET I R Rb ' UE; PUBLIC E P RETIREMENT ASSOC 5, 716.E 72 f 003 048 01/2 RAMSEY CO SUPP A COLLECT 400a 00 311049 VOID 00 VOID 01128194 01 /28 VACATION CHECK 437 7 25 w 8 0039 VOID 4 0 1 E I ROT I N E OTA '.FICA)1 p go fl) IV1 47 43i 0039053 VOID 01/ PUBLIC EMS; RETIREMENT ASSOC 418,26 f i i vl 0039054 VOID 01/28/94 PUBLIC EMS; RETIREMENT ASSOC 8, 575w 10 i 1531 UHUtjl: t--HXN s NUS HNU ULUU I 1 UMW .. s {_} 8Q se id 1 4 1 561 0 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK. NUMBER CHECK DATED 01/21/94 PAYEE DANI EL F FAUST AMOUNT 0 a4 01 /21/94 PAULINE STAPLES 110 0038813 01/21/94 LOIS BEHM 765a 12 34 0038825 0 1 21 /94 MARK A MARUSKA 9718,72 136 0038826 01 /21/94 GEOFFREY W OLSON 38 R 16 0038816 0 1 /21/94 ANTHONY 6 CAHANES 220w 64 DOUGLAS J TAUBMAN 924,96 18 0038817 01/21/94 ROBERT D NELSON 807.2Q ' 43j 01/21/94 ICMA RETIREMENT TRUST-457 20, 839. 70 1221 0038819 21/94 RONALD D BECKER 645.76 0 en_ 4 0038820 2061 0038821 01 /21/94 01/21/94 1 978.72 0 28 C)C) 8822 01/21/94 DAVID L ARNOLD MICHAEL R KANE a4 01 /21/94 PAULINE STAPLES 34 0038825 0 1 21 /94 MARK A MARUSKA 9718,72 136 0038826 01 /21/94 GEOFFREY W OLSON 38 R 10 0038828 01 /21/94 DOUGLAS J TAUBMAN 924,96 421 C In03882 01/21/94 EDWARD A NADEAU 43j 01/21/94 ICMA RETIREMENT TRUST-457 20, 839. 70 0038831 VOID 0 1 21 /94 FIRST MINNESOTA F' 471 mt 0038832 VOID 01 /21/94 FIRST MINNESOTA (FICA)992*41 GROSS EARNINGS AND DEDUCTIONS 444 656o 67 t To: From: Subject: Date: AGENDA REPORT City Manager Michael McGuire Chief of Police Kenneth V. Collins/Ci Landfall Contract January 28, 1994 favo a? Action by Counoii Endorsed, Modified" AV W-WO. " Rejected... Date Introduction The 1994 contract between the City of Maplewood and Landfall has been approved and signed by representatives of Landfall. Recommendation It is recommended that the contract be reviewed and approved by the Maplewood City Council. Action Required Review and approval by the City Council. Upon approval, the signatures of the Mayor, City Manager and City Attorney are required. The two copies attached should be returned to Public Safety for distribution, KVC:js Attachments AGREEMENT FOR POLICE SERVICE 1.994 This Agreement, made and entered into this day of , 19 , by and between the City of Maplewood, Minnesota ( "Maplewood "), and the City of Landfall Village, Minnesota ( "Landfall "), WITNESSETH: I. PURPOSE The purpose of this Agreement is to provide th, basis upon which Maplewood will provide police service for Landfall. Maplewood hereby agrees to provide police. service for Landfall, and Landfall hereby engages Maplewood to provide such service in accordance with and subject to the terms of this Agreement. II. LEGAL BASIS This Agreement is made pursuant to Minnesota Statutes §471.59, Subd. 12. This Agreement is not made pursuant to Minnesota Statutes, Section 436.06, and should not be construed as creating a joint municipal police department. III. ADMINISTRATION The administration of police service within the territory of Landfall under this Agreement shall be the sole responsibility of the appropriate officials of Maplewood, and Landfall shall have no administrative authority over the providing of police service by Maplewood. To facilitate this Agreement, however, and in order to provide for an average of consultation and communication between Landfall and Maplewood, on matters relating to policeservice, it is agreed that the Mayor of Landfall, or a member of the Landfall Village City Council designated by the Mayor, shall confer with the Maplewood City Manager at least once every three months, and more frequently if necessary, on any matter relating to police service being provided in Landfall by Maplewood. Maplewood agrees that its City Manager shall participate in such discussions with the objective of providing for the satisfactoryadminstrationofthiscontractandforthesatisfactoryperformance of police service for Landfall. Inquiries concerning police service in Landfall, made by its Mayor or the Mayor's designate, shall be responded to by the Maplewood City Manager. IV. LEVEL OF SERVICE During the time that this contract is in effect, Maplewood will provide police service within Landfall which shall be the same service as that which is provided and extended to persons and property within Maplewood, includingAnimalControlServices, Landfall shall be assigned to a police patrol district in the same manner as though it were a part of Maplewood and no distinction shall be made between the territory of Maplewood and the territory of Landfall, in any respect, in the level, time or other mode of .delivery of police services in Landfall. This does not include paramedic service. V. HEADQUARTERS AND EQUIPMENT The headquarters of personnel of Maplewood providing police service in Landfall shall be in Maplewood, and members of the general public having need to communicate with the Maplewood Police Department on matters arising out of or involving persons or property in Landfall may communicate directly with Maplewood police headquarters. Maplewood, under the terms of this Agreement,will provide all communication devices, equipment, records, other materials and personnel necessary to the performance of this contract, except to the extent that this contract specifically provides for the furnishing of any part thereof by Landfall. Agreement for Police Services - 1994 City.of Maplewood and the Village of Landfall Page Two VI. PUBLIC INFORMATION Both parties agree to take any or all steps necessary to inform the public of the fact that Maplewood is providing police service for Landfall. Landfall shall advise the City of Maplewood of what information was - given to.the public and citizens of Landfall concerning Maplewood 's po lice service for Landfall. VII. PERSONNEL, POLICIES AND FRINGE BENEFITS All personnel used in providing police service to Landfall under this Agreement shall be and remain employees of Maplewood. The personnel policies applicable to Maplewood Police Department employees shall apply, and in all instances, retirement and fringe benefits shall be the responsibility of and subject to determination from time to time by Maplewood. The standards of performance discipline of law enforcement officers, the method of providing law enforcement services and other matters incidental to the performance of law enforcement services under this Agreement, including personnel to be employed, shall be determined by the City of Maplewood. VIII. DESIGNATION OF MAPLEWOOD POLICE OFFICERS AS LANDFALL OFFICERS All members of the Maplewood Police Department.shall be designated by Landfall, by Council resolution, as duly appointed police officers of Landfall, authorized to act on all law enforcement matters within the limits of Landfall in the same manner and to the same extent as though they were employees of Landfall. Maplewood shall provide Landfall, from time to time, with the names of the members of the Maplewood Police Department, to permit such action to be taken by Landfall. IX. CHARGES BY MAPLEWOOD FOR POLICE SERVICE Maplewood shall charge and Landfall shall pay for police service provided for under this Agreement as hereinafter provided. Maplewood will provide police services to Landfall for the period January 1, 1993, through December 31, 1995, for the sum of $82,650 (Eighty -Two Thousand Six Hundred Fifty Dollars) the second year. X. SUBSEQUENT CONTRACT CHARGES Charges for 1994 police services shall be based upon the established rate for the sum of $82,650 as provided in Section IX, and charges for police services for subsequent years shall be progressive, based upon a cost of living increase based on the Minneapolis /St. Paul Consumer Index (or other consumer index utilized by our finance department) being added to the amount paid in the previous year, and the product shall be the amount payable during the ensuing calendar year to Maplewood by Landfall for services under this Agreement. Such sum shall be paid in four (4) equal installments. The first installment shall be paid on or before the 15th day of January 1993, and the remaining payments shall be made on or before April 15, 1993; July 15, 1993; and October 15, 1993. For subsequent years, payments shall be made on the 15th day of January and the remaining payments on or before April 15, July 15 and October 15, in equal amounts. In July of each year, Maplewood shall notify Landfall in writing of the calculated costs for police service for the following calendar year. Agreement for Police Services - 1994 City of Maplewood and the Village of Landfall Page Three XI. TERM OF AGREEMENT This Agreement shall be effective as of January 1, 1993, and shall run through December 31 1995 and shall be renewable for an additional two O2 - y ear period. This Agreement may be terminated at such an earlier date or time as by mutual agreement of the parties. In the event of such termination, payment shall be made to the City of Maplewood on a pro -rata basis until services cease. The failure of either party to this Agreement to perform its terms or obligations hereunder shall entitle the other party to cancel this Agreement and to pursue any and all remedies available at law or equity based upon such failures.; provided, however, such cancellation or pursuit of remedy shall be available and exercisable if and only if such failure shall not be cured prior to the expiration of twenty (20) days after such other party has given written notice of such failure to the defaulting party. All written notices under this paragraph shall be deemed, satisfactorily given when mailed, certified or registered United States Mail, postage prepaid to the address indicated below: City of Maplewood Attention City Manager Michael McGuire 1830 East County Road B Maplewood, MN 55109 to the City of Landfall: City of Landfall Attention Mayor Landfall, MN The City of Landfall identifies and holds harmless the City of Maplewood, its employees and agents harmless against and from any and all expenses (including attorney fees, costs, judgments and amounts paid in settlement, arising or incurred in connection with any claims, actions, suits or proceedings, to the extent that such claim, action, suit or proceeding is based upon or results from any act of negligence or omission of Landfall, its employees, officers or agents as a result of this Agreement or representations made to the public hereunder. Dispute resolution /arbitration in the event of any differences,. dispute or claim arising under and pursuant to this Agreement or as to the performance thereof by the parties, the parties agree as follows: a. Good faith negotiations. The party alleging such difference, dispute or claim shall provide specific written notice of such difference, dispute or claim to the other party. The parties hereto agree that for a sixty (60) -day period there - after, the parties will engage in good faith negotiations at Maplewood City Hall to take any further action in an attempt to resolve this dispute. b. Arbitration. In the event the parties fail to resolve their dispute following good -faith negotiations, the difference, dispute or claim shall be submitted to an arbitrator from City Government mutually agreed on by the parties. The location of the arbitration shall be at the City Hall, City of Maplewood. The decision of the arbitrator shall be final and not subject to appeal. Agreement for Police Services - 1994 City.of Maplewood and the Village of Landfall Page Four XII. ORDINANCES, CITY CODE BOOKS, STREET MAPS Landfall shall provide Maplewood with a copy of all of the ordinances of Landfall and with a copy of each amendment or. new ordinance hereafter adopted by Landfall while th.i s Agreement is in effect. Landfall shall provide , Maplewood with a copy of the Landfall streets layout and with an updated copy as changes are made. XIII. PROSECUTIONS: FINES, COURT COSTS, OVERTIME, ETC. Landfall shall remain responsible for the prosecution of all alleged crimes, ordinance violations or traffic offenses arising within Landfall which are not provided for by the County Attorney, and shall be entitled to receive its appropriate municipal share of fines collected for violations of law occurring within Landfall. It is understood that this Agreement contains the entire Agreement between Maplewood and Landfall and that no statements, promises or inducements made by any party hereto, or officer, agent or employee of either party hereto, which is not contained in this written Agreement shall be valid and,binding; and this Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed hereon. It is expressly understood between the parties hereto, and this understanding shall be considered in interpreting the provision of this Agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this Agreement and any change of the provisions of this Agreement, after Agreement between Maplewood and Landfall shall be written and attached to this Agreement as provided above and this later revision, addition or deletion shall only apply to the provision revised, added or deleted and the remainder of this Agreement shall remain in full force and effect. The effective date of this Agreement is January 1, 1993, and its expiration date is December 31, 1995, unless renewed, terminated or altered by operation of law or by terms of this Agreement. A waiver by any party or any term or condition of this Agreement and any paragraph shall not be deemed or construed to be waiver of such term or condition for the future or any subsequent breach thereof. This entire Agreement embodies the entire Agreement and understanding of the parties hereto with respect to the subject matter hereof, and it supersedes all prior and contemporaneous agreements and understandings, oral and written, relative to the subject matter of this Agreement. Each party shall execute and deliver any and all documents and shall perform all acts reasonably necessary to carry out the provisions of this Agreement. And no party shall unreasonably withhold its consent to any action which, by the terms hereof, require such consent. Agreement for Police Services - 1994 City of Maplewood and the Village of Landfall Page Five In witness whereof, the parties hereto have executed this agreement the day and year first above written: Approved As To Form: CITY OF MAPLEWOOD Maplewood City Attorney Mayor City Manager CITY OF LANDFALL VILLAGE Mayor Cler F- 3 AGENDA REPORT Action. bar Cou' no . Endorse City Manager Modified To. C Y er Michael McGuireg From: Director of Public Safety Kenneth V. Collins r . Rejected-------- Subject: 1994 _ Dispatching Agreementt .. Date: January 28, 1994 Introduction The 1994 dispatching agreement between the City of North St. Paul and the City of Maplewood has been approved and signed by representatives of the City of North St. Paul. Recommendation It is recommended that the agreement be reviewed and approved,by the Maplewood City Council. Action Required_ Review and approval of the City Council. Upon approval,.the signatures of the Mayor, City Manager and City Clerk are required. The attached two copies of the agreement should be returned to Public Safety for distribution after they have been signed KVC:js Attachments AGREEMENT WHEREAS, the City of North St. Paul is desirous of having someone receive and dispatch certaf n of its emergency calls during certain hours, and WHEREAS, the City of Maplewood is desirous of handling this dispatching, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the City of Maplewood, by utilizing its present personnel and facilities, w i l l handle the receiving and dispatching of all calls for police, ambulance service, fire service and emergency utility calls for the City of North St. Paul. 2. That the City of Maplewood w i l l be responsible for said dispatching during the hours of 4 :30 o'clock p.m. to 8:00 o'clock a.m., Monday through Friday, and during the hours of 4 :30 o'clock p Y .m. on Friday to 8:00 o'clock a.m. on Monday each week, and, in addition, from 4:30 o'clock p.m. on the day preceding all legal holidays, according to Minnesota law, to the hour of 8:00 o'clock a.m. on the day after each of said holidays. 3. That the City of Maplewood will not be liable in any way to the City of North St. Paul, nor to any inhabitant or property owner thereof, for claims arising out of this dispatching service. That the City of North St. Paul agrees to indemnify and hold forever harmless the City of Maplewood from any and all claims, demands and actions in law that may hereafter arise on account of this dispatching agreement and the services to be rendered thereunder. 4. That the City of North St. Paul agrees to pay the City of Maplewood as compensation for this dispatching service, MDT state hook -up and MDT system maintenance the sum of Thirty -Four Thousand Eight Hundred Six and No /100 Dollars ($34,806.00) per year, commencing on the 1st day of January 1994. MENIMML-A 5 The costs are as follows: Night and weekend d i i ng MDT state hook -up 5360 per year per unit (8 x 5360) MDT system maintenance 5348 per year per unit (8 x $34$) This does not include MDT mainten- ance- -North St. Paul will be responsible for their own MDT maintenance) TOTAL 29 2,880.00 2e8,96.00 34,806.00 6. That the City of Maplewood will beg to provide this dispatching service on the 1st day of January 1994 at 00 :01 o'clock a.m.* 7. That all costs incurred to install and maintain whatever additional facilities are necessary s that the City of Maplewood can handle this dispatching will be paid by the City of North St. Paul. 8. This contract shall remain in force and effect until terminated by thirty (30) days written notice by either party. Dated this day . of , 19 Attest. City Clerk CITY OF MAPLEWOOD By Mayor By City Manager Attest. 0 fIrv_71 f Dep Clerk memo f CITY OF NORTH ST, PAUL 8y May Al4 Jrw By City Manager F4ww Y Aotion by Co ail 0 To_: City Manage, From. Director of Subject: East. County Contract Date. January 28, AGENDA REPORT Endorsed_-- Modif i e . r Michael McGuire Rejecte Public Safety Kenneth V. Collins. Date Line Fire Department /Oakdale Ambulance Dispatching 1994 Introduction Attached please find two copies of the 1994 East County Line Fire Department /Oakdale Ambulance dispatching contract. They have been signed by the appropriate East County Line Fire Department representatives. Recommendation It is recommended that the contract be -approved and both copies be signed by the Mayor, City Manager and City Clerk and then returned to me for distribution. Action Re wired Review and approval by you and the City Council. KVC:js Attachments MAPLEWOOD PUBLIC SAFETY DISPATCHING AGREEMENT 1994 WHEREAS, the East County Line Fire Department /Oakdale Ambulance unit is desirous of having someone receive and dispatch its emergency calls, and WHEREAS, the City of Maplewood is desirous of rovi ding this dispatchingatchinp9Pg service, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the City of Maplewood, Department of Public Safety, utilizing its present personnel and facilities, w i l l provide for the receiving and dispatching for all calls for fire and emergency medical service calls for the East County Line Fire Department, 2. That the City of Maplewood, Department of Public Safety, will be responsible for said dispatching twenty -four (24) hours per day, seven (7) days per week. 3. That the City of Maplewood will not be liable in any wa y to the East County Line Fire Department, the City of Oakdale, nor to any inhabitant or property owner thereof for claims arising out of this dispatching service. That the East County Line Fire Department unit agrees to indemnify and hold forever harmless the City of Maplewood from any and all claims, demands, and actions in law that may hereafter arise on account of this dispatchin g agree-ree- ment and the services to be rendered thereunder. 4. That the East County Line Fire Department agrees to pay the City of Maplewood as compensation for t h i s dispatching service the sum of Two Hundred Ninety and No /100 ($290) Dollars per vehicle per year, commencing on the 1 st day of January 1994, 5. That the City of Maplewood, Department of Public Safety, w i l l begin to provide t h i s dispatching on the 1 st day of January 1994 at 00:01 o'clock a.m. 6. That all costs incurred to install and maintain whatever additional facilities or equipment are necessary so that the City of Maplewood can provide this dispatching will be paid by the East County Line Fire Department. z 7. That this contract shall remain in force and effect until terminated by thirty (30) days written notice by either party and shall be renewed each year. Dated this day of At CITY OF MAPLEWOOD 19 By City Cle Mayor BY _.... ^..._..._._,_._........_,.. City Manager Attest: EAST COUNTY LINE FIRE DEPARTMENT B ire Chief BY C 17Secretary wr AGENDA REPORT To.City Manager Michael McGuire Actien , bounoi From: Director of Public.Safety Kenneth V. Collins Subject: Woodbury Fire Department Dispatching Contract Endorse Date: January 28, 1994 Modified lR e j e e t e d....,,..,,,,,,,,,, Date Introduction Attached please find two copies of the 1994 Woodbury Fire Department dispatching contract. They have been signed by the appropriate Woodbury Fire Department representatives. Recommendation It is recommended that the contract be approved and both copies be signed by the Mayor, City Manager and City Clerk and returned to me for distribution. Action ReQuired Review and approval by you and the City Council. KVC:js Attachments MAPLEWOOD PUBLIC SAFETY DISPATCHING AGREEMENT 1994 WHEREAS, the Woodbury Fire Department is desirous of having someone receive and dispatch its emergency calls, and WHEREAS, the City of Maplewood is desirous of providing this dispatching service, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the City of Maplewood, Department of Public Safety, utilizing its present` personnel and, facilities, will provide for the receiving and dispatching for all cal, l s for fire and emergency medical service calls for the Woodbury Fire Department, 2. That the City of Maplewood, Department of Public Safety, will be responsible for said dispatching twenty -four (24) hours per day, seven (7) days per week. 3. That the City of Maplewood w i l l not be liable i n any way to the Woodbury Fire Department, City of Woodbury, nor to any inhabitant or property owner thereof for claims arising out of this dispatching service. The Woodbury Fire Department and City of Woodbury shall indemnify and hold forever harmless the City of Maplewood, Department of Public Safety, from any and all claims, demands, actions of law, liability, judgments, costs, and expenses which in any manner may hereafter arise or come against the City of Maplewood on account of this Dispatching Agreement and services to be rendered, or which may in any manner result from the carelessness or neglect of the Woodbury Fire Department, its agents, employees, or workmen in any respect whatsoever arising out of this Dispatching Agreement and the services to be rendered thereof. 4. That the Woodbury Fire Department agrees to pay the City of Maplewood as compensation for this dispatching service L 5. 70 the sum of Two Hundred Ninety and No /100 ($290) Dollars per vehicle per year, commencing on the 1st day of January 1994. That the City of Maplewood, Department of Public Safety, will begin to provide t h i s dispatching on the 1 st day of January 1994 at 00:01 o'clock a.m. The City pofMaplewood, Department of Public Safety, if needed, shall install and maintain additional facilities or equipment to provide dispatching sers- ice.for the Woodbury Fire Department. Said costs for additional facilities, maintenance, and equipment shall be shared by the Woodbury Fire Department and the City of Maplewood and shall be approved by the Woodbury Fire Department and the City of Maplewood prior to installation. That this contract shall remain in force and effect until terminated b y thirty (30) days written notice by either party and shall be renewed each year. Dated t h i s day of Attest: A. CITY OF MAPLEWOOD City Clerk By 19 . Mayor By Attest. City Manager WOODBURY FIRE DEPARTMENT By Fire Chief By Secretary F-Wo 6 AGENDA REPORT Action by Gouma3l; To: City Manager Michael McGuire From: Director of Public Safety Kenneth V. CollinqC, Endoxsed Subject: Oakdale Fire Department Dispatching Contract Modified—_Date: January 28, 1994 Reject8 Date Introduction Attached please find two copies of the 1994 Oakdale Fire Department dispatching contract. They have been signed by the appropriate Oakdale Fire Department representatives. Recommendation It is recommended that the contract be approved and both copies be signed by the Mayor, City Manager and City Clerk and returned to me for distribution. Action Required Review and approval by you and the City Council. KVC:js Attachments MAPLEWOOD PUBLIC SAFETY DISPATCHING AGREEMENT 1994 WHEREAS, the Oakdale Fire Department is desirous of having someone receive and dispatch its emergency calls, and WHEREAS, the City of Maplewood is desirous of providing t h i s dispatching servi ce, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the City of Maplewood, Department of Public Safety, utilizing its present personnel and facilities, will provide for the receiving and dispatching for all calls for fire and emergency medical service calls for the Oakdale Fire Department. 2. That the City of Maplewood, Department of Public Safety, w i l l be responsible for said dispatching twenty -four (24) hours per day, seven (7) days per week. 3. That the City of Maplewood will not be liable in any way to the Oakdale Fire Department, the City of Oakdale, nor to any inhabitant or property owner thereof for claims arising out of this dispatching service. That the Oakdale fire Department agrees to indemnify and hold forever harmless the City of Maplewood from any and all claims, demands, and actions in law that may hereafter arise on account of this dispatching agreement and the services to be rendered thereunder. 4. That the Oakdale fire Department agrees to pay the City of Maplewood as compensation for this dispatching service the sum of Two Hundred Ninety and No /100 ($290) Dollars per vehicle per year, commencing on the 1st day of January 1994. 5. That the City of Maplewood, Department of Public Safety, will begin to provide this dispatching on the 1st day of January 1994 at 00:01 o'clock a.m. 6. That all costs incurred to install and maintain whatever additional facilities or equipment are necessary so that the City of Maplewood can provide this dispatching will be paid by the Oakdale Fire Department 2 1. That this contract shall remain in force and effect until terminated by thirty (30) days written notice by either party and shall be renewed each year. r Dated this day of 19_,,, Attest: City Clerk Attest: CITY OF MAPLEWOOD By Mayor By City Manager OAKDAL FIRE DEPARTMENT r r r OY Fire Chief y - Secretary AGENDA NO. " 7 AGENDA REPORT - "ticn br, un -ol Mayor and City CouncilTO: MaY Y Re ject® DateFROM. Mike _McGuire, City Manager . RE: MAPLEWOOD FIREFIGHTERS RELIEF ASSOCIATION DATE: February 3, 1994 INTRODUCTION The City has received two requests relative to the Maplewood Firefighters Relief Association. The first (Attachment #1) deals with a miscalculation of the 1992 and 1993 funding obligations. This amounted to an underfunding by the three cities of $20,913.88. The City of Maplewood "s share, based on market value and population, is 79% or $16,522.00. 1 recommend that this be paid. The second item (Attachment #2) pertains to a change in by -laws; specifically adding " Service Credit for fractional years of service shall be prorated on a monthly basis. I recommend that the language change be approved. tmc Attachments 44 ilk CITY OF MAPLEWOOD JOINT FIRE CHIEFS COUNCIL r. EAST COUNTY LINE y GLADSTONE PARKSIDE rtsr.r »rte. art.. - ..r.r...rt...srrr..rt ar.r.rr t.r.ss.r .. sr . ar.s.` r. r' .. r.. r. . r.. t'tsrrr. rr. r 'tr'r.r1. +r.rrrr.'rr January 7, 1994 L . Michael McGuire, City Manager City of Maplewood 1830 E. County Road B Maplewood, N* 55109 RE: Funding of Maplewood Firefighters Relief Association Dear Mike: This letter is in follow -up to a request by the Maplewood Firefighters Relief Association on September 25 1993 and numerous discussions on the issue between the Association President, ourself and the State Auditors office. As I understand the issue, the calculation of years of service credit for 1992 and 1993 was incorrect and the revised schedules require an additional contribution of $20 913.88. Furthermore , in order to assure the state aid funds are not withheld or delayed, the fire departments had to guarantee payment of this amount until the Council couldy take action on the issue. As Secretary /Treasurer of the Joint Fire Chiefs Council, I have been instructed to request that you submit our request to the council for funding of this shortage. Therefore I ask that you place this item on the council agenda as soon as possible. I have attached a copy of the Relief Association letter, referenced previously, for your information. Please advise Chief Leier or myself when we can expect to discuss this issue with the Council. We will then assure the appropriate Relief Association officers are present to answer any questions you or the council may have. Thank you for your assistance in this matter. Should you have any questions or require any additional information, please feel free to contact me or Chief Leier. Sincerely, MAPLEWOOD JOINT FIRE CHIEFS COUNCIL y' LORRY . BUSH, Secretary/Treasurer cteMaplewood s g;v're Ofighters qlell'ef Association 1830 E. COUNTY ROAD B • MAPLEWOOD, MINNESOTA 55109 September 25, 1993 Mr Michael McGuire, City Manager City of Maplewood 1830 E. County Rd B Maplewood, Mn 55109 Dear Mr McGuire: Please find enclosed, certification of municipal funding requi red to support the Relief Association for the year of 1994. As the attached schedule reflects, the amount of required municipal support will be $129,047.46. regardingn the delay i n this years fund - As I .stated i n our previous conversation , g g Y • certificationcation bei n caused by a last minute call being reci eved by the State ng 9 Auditors office regarding their discovery that errors were being made by numerous e.l ief AssociationsR throu 9 hout the State pertaining to the method being used to determine cal cul ate accrued years of service being accumulated by members when compilation of required funding obligations by the cities are made. Because of these concerns by the State Auditors office, it was necessary to have the last 3 Y ears of our funding computations reviewed by their office. This delay resulted in us not being able to submit the 1994 certification amount to you until thi s rev was completed and findings confirmed with our Treasurer . Fi na 1 conf - i rmation was completed just last week . Their review also reflected discovery and confirmation that inaccurate calculations had been made by us when computing our members "years of service" credits which are used to determine and calculate required funding obligations by the city in the years of 1992 & 1993. Duri -n 9 these years, members who joined our departments after July is t of that year were not considered as full year service credits when our treasurer determined the financial funding obligations of the city based on the number of accumulated full years of service credits which should have been applied. This meth od as used by our treasurer being inexperienced was apparently being performed by many others throughout the state and was the reason for special action being taken by the State Auditors office at this time to confirm and correct this error and i ncons i s tancy . Unfortunately upon this discovery, the State Auditor required our treasurer to re- calculate the years of service credits which should have been used to determine the fundin g obligationsiations for 1992 & 19930 It was thereafter determined and confirmed by their office that additional funding by the city is necessary at this time in order to adjust funding which should have been reci eved for those years following proper calculation and use of the appropriate number of years of service credit accumum- ulated by our membership. The additional funding required is $19,036.69 for 1992 and 1,877.19 for 1993 or $ total. This additional funding is to be directed to the State Auditors office in an acceptable, reasonable method without delay so as not to jeapardize the prompt release of future 2/ state aid dollars to the city and our relief association. We must apologize for this delay in certifying the 1994 funding amount for the city and for the need for addi ti onal funding necessary -as caused by this "human error in -us i ng a common sense, practical. approach when calculating. the accumulated ears of service credits which unfortunately has now been discovered and determined to be inconsistent with the practices required by the State Audi tors off i ce . when de- termining funding requirements. You may be assured that every effort. wi 11 be made in the future. * to ensure accuracies and to save any - further embarassment to al l . You will of course be provided all necessary re-compilations, re- calculations and amended schedules pertaining to these funding changes for 1.992 & 1993 as requiredandconfirmedby - the State Auditors office. Should you desire any other i or have any recommendations for future determinations /preparation of funding certifications or schedules, please present those to us for consideration,. discussion and cooperative effort in hopes of thisp scenario ever occuring again. Shoul.d you have any questions, lease contact me or an other member of the epyRelief Association's Board of Trustees. R)rr, 4&Vt- Donald Hove President cc: Board of Trustees Fire Chiefs Association Fire Marshal Director of Public Safety CITY OF lulpLvvooD 1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 FINANCE DEPARTMENT 612 - 770 -4510 DELIVERY VIA FIRE MARSHAL December 28, 1993 Mr. Donald Hove President, Maplewood Firefighters Relief Association c/o East County Line Fire Department 1177 N. Century Maplewood, MN 55119 Dear Mr. Hove: Enclosed is Maplewood's annual payment of $85,604 to the relief association. The procedure used to calculate the payment amount is outlined in the enclosed agenda report and was approved by the Council on 12- 27 -93. Please call the City Manager if you have any questions. Sincerely, Daniel F. Faust Finance Director lz c: City Manager w:wsiworrHavB Equal Opportunity Employer AGENDA NO. wrw4l AGENDA REPORT TO: Mayor and City Council FROM: City Manager RE: 1993 PAYMENT TO FIRE FIGHTERS RELIEF ASSOCIATION DATE: December 17, 1993 PROPOSAL A io bly Cc -;i 1 ;' Endo:,"..; C -I Modified.., Rejected Date It is proposed that the Council approve the 1993 payment to the Maplewood Fire Fighters Relief Association in the amount of $85,604 and that a transfer of $15,185 from the General Fund contingency account be approved to finance the payment. BACKGROUND In 1989 representatives of Maplewood, Oakdale and Landfall agreed to make annual payments to the relief association in 1989, 1990 and 1991 to finance annual $200 increases in pension benefits. The amount needed to finance the benefits were split as follows: Maplewood - 83.8 % Oakdale - 15.0 %, and Landfall - 1.2 %. The allocation was based upon a formula similar to the one used to calculate state aid payments to fire relief associations. Half of the allocation was based on the 1980 census population and half was based on the assessed value of the property served by the fire departments. Maplewood's annual payments ranged from $26,242 to $78,890 during 1989 -1991. Maplewood's 1992 payment to the Fire Relief Association was $58,992.72. It was calculated as the difference between the minimum municipal support and the amounts paid by Oakdale and Landfall. As a result, the annual payment was split as follows: Maplewood - 81.4 %, Oakdale - 16.6 %, and Landfall - 2.0 %. For 1993 it is proposed that we revert to the formula used for the 1989 -1991 payments. After an update for the latest property values and the 1990 census population, the split between cities will be as follows: Maplewood - 79 %, Oakdale - 20 %, and Landfall - 1 %. Information used to calculate these p ercentages is in the attached Exhibit A. This proposed allocation has been discussed with the Oakdale City Administrator but has not been approved yet. The amount requested by the relief association is $108,359. This is the minimum municipal support required to support their benefit level. Maplewood's share at 79% of the total is $85,604. The 1993 Budget amount is $70,420 which was an estimate made in July 1992 based on the 1992 Budget amount. RECOMMENDATION It is recommended that the Council approve the 1993 payment to the Maplewood Fire Fighters Relief Association in the amount of $85,604 and that a transfer of $15,185 from the General Fund contingency account be approved to finance the payment. Attachment rl ALTERNATIVE KETUOD OF 1M. TTNO '1FEF3 T t7DQ PENSION; COSTS DATA PER 1993 STATE AID FROM 21 TAX ON FIRE INS. PREMIUMS: f tiHJR N.V.1990 POPULATION COMBINED 1992 XARKET PERCENT CENSUS PERCENT POPULATION MUNICIPAL CITY VALUE OF POPULATION OF PLUS X.V. SUPPORT FIRE DEPT.SERVED SERVED TOTAL SERVED TOTAL PERCENT PAYMENT GLADESTONE MAPLEWOOD 544,666,433 28.617$10,834 26.536$ PARKSIDE NAPLEWOOD 466,856,942 24.529$9 22.744$ E. COUNTY LINE MPLEWOOD 544,666,433 28.617$10,834 26.5361 SUB-TOTAL MPLEWOOD 1 81.763%30,954 75.816$79$ 57,269.25 E. COUNTY LINE LANDFALL 6 0.3301 685 1.6781 1% 724.93 E. COUNTY LINE OAKDALE 340,821,631 17.907$9 22.507$20% 14,498.54 TOTAL 1 100.0001 40,828 100.001$100% 72,492.72 tt r lit ? Ll I e C4 S sc 0 e I'a t I t. C)I. l :'I `' ROAD A 't .,'V(JtI, Idti l I , , . t " "A 5 i 1 January 31, 1994 Mr. Michael McGuire, City Manager City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Mr. McGuire: We are asking for your assistance in bringing to the City Council for review and approval the following matter concerning the Maplewood Fire Fighters Relief Associaton: PROPOSED BY -LAW CHANGE t ARTICLE VI, Section 2, (A) -- SERVICE CREDITS wold be amended as follows: Section 2: Service Credit. A. Each member will accumulate a service credit of $1,900 in 1992; $2,000 in 1993; $2,080 in 1994; $2,160 in 1995 and $2,240 in 1996 per year (No limit on years of service except as stated in Article IV- Section 2 -Age Requirements). Leaves of absence will not count as service time, and the service entry date will be adjusted accordingly. Service credit fo fractional Years of service , shall be prorated on a monthly basis. Thank you for your consideration in this matter. Sincerely, Ed Huber Secretary cc: Mr. Craig Waldron Mr. Jim Hale AGENDA NO. F" AGENDA REPORT TO: FROM: RE: DATE: City Manager Finance Director Ap' tion by Council, Endors a d... Modifi ec.., -- - Rej ectec Date RESOLUTION FOR PAINS WEBBER ACCOUNT February 2, 1994 On 11 -14 -88 the Council adopted Investment Policies that authorize investment transactions with security dealers who are on the Federal Reserve Bank's list of primary dealers. One of these dealers, Paine Webber, has now requested that the attached resolution be adopted to satisfy government regulations. Therefore, it is recommended that the attached resolution be adopted so that we can continue to have investment transactions with Paine Webber. w: \agn \pain PaineWebber MICROFILM I.D. NUMBER Established 1879 L Member of all principal security, commodity and option exchanges. CORPORATE RESOLUTIONS FULL ACCOUNT TITLE BRANCH ACCOUNT NUMBER BROKER City of Maplewood A U 7 8 4 4 5 5 0 Lucille Aurelius the City of Maplewood1, hereby certify that I am the Secretary of Corporation ") a corporation organized and existing under the laws of the state of Minnesota , and that the following resolutions were duly adopted at a meeting of the Board of Directors of the Corporation held on at which meeting a quorum was present and voting: RESOLVED: 1) To open with PaineWebber Incorporated, its successor firms, subsidiaries, correspondents or affiliates ("PaineWebber") a brokerage account for the purchase and sale of securities and other property. "Securities" means, but is not limited to, money, stocks, bonds, options, including stock options indices, interest rate options, foreign currency options, and other securities and property. 2) That the Corporate Officers named in the space below are authorized to act on behalf of the Corporation with respect to opening an account, to execute on behalf of the Corporation any and all relevant documents, and to deal with PaineWebber in connection with all aspects of said account singly, with no limits as to amount, (hereinafter called "Authorized Person "). AT LEAST Daniel F. Faust, Finance Directo TWO TO BE (Type Name and Title of Officer) (Type Name and Title of Officer) DESIGNATED) Richard Hangsleben, Asst Finance Director Type Name and Title of Officer) (Type Name and Title of Officer) 3) That PaineWebber is authorized to deal with each Authorized Person, to accept all orders for purchases and sales and all instructions given verbally or in writing by him or her on behalf of the Corporation as the action of the Corporation without further inquiry as to his or her authority; to receive any funds, securities or other property for the account of the Corporation; to honor written instructions from each Authorized Person to deliver either in bearer form, in street certificates, in any names or in any other manner any funds, securities or other property held for the account of the Corporation; to extend loans in connection with the maintenance of a margin account (if applicable); to effect BankCard transactions in connection with the Corporation's account (if applicable), including use of State Street's Line of Credit in connection with the Gold MasterCard, to honor written instructions from each Authorized Person to write checks against the Corporation's account, and to send all confirmations, notices, demands, monthly statements and other communications to the Authorized Person and to the Corporation, attention: Daniel F. Faust, Finance Director, 1850 E. County.Road B, Maplewood, MN 55109 insert position and name of officer and office location) 4) That any withdrawals of money, checkwriting, BankCard purchases (if applicable) or other non- brokerage transactions made on behalf of the Corporation with PaineWebber are ratified, confirmed and approved, and that PaineWebber is authorized to rely upon the authority conferred by these resolutions until PaineWebber receives a certified copy of resolutions of the Corporation's Board of Directors revoking or modifying these resolutions. In the event that PaineWebber, for any reason, is uncertain as to the continuing effectiveness of the authority conferred by these resolutions or any other resolutions of the Corporation, PaineWebber may refrain from taking any action with respect to this account until such time as it is satisfied as to its authority and PaineWebber shall be indemnified against and held harmless from any claims, demands, expenses, loss or damage, including legal fees and costs, resulting from or arising out of its refraining from taking any action. ATTENTION: TRANSFER AGENT 5) That any Authorized Person is fully authorized and empowered to transfer, convert, endorse, sell, assign, set over and deliver any. and all shares of stock, bonds, debentures, notes, subscription warrants, stock purchase warrants, evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by this Corporf *ion, and to make, execute and deliver, under the corporate seal of this Corporation or otherwise, any and all written instruments of assignment and transfer necessary or proper to effectuate the authority hereby conferred. 6) That whenever there shall be annexed to any instrument of assignment and transfer, executed pursuant to and in accordance with the foregoing resolution, a certificate of the Secretary or an Assistant Secretary of this Corporation in office at the date of such certificate, and such certificate shall set forth these resolutions and shall state that these resolutions are in full force and effect, and shall also set forth the names of the persons who are then officers of this Corporation, then all persons to whom such instrument with the annexed certificate shall thereafter come, shall be entitled, without further inquiry or investigation and regardless of the date of such certificate, to assume and to act in reliance upon the assumption that the shares of stock or other securities named in such instrument were theretofore duly and properly transferred, endorsed, sold, assigned, set over and delivered by this Corporation, and that with respect to such securities the authority of these resolutions and of such officers is still in full force and effect. Daniel F. Faust, Finance Director, 1850 E. County Road B, Maplew MN 55109 insert position and name of officer and office location) That the Corporation elects (check box A or B below): 19 A. CASH ACCOUNT OR B. MARGIN ACCOUNT To open and maintain a margin account and execute a PaineWebber margin agreement and certifies that the Corporation has full power and authority pursuant to its charter and by -laws for the purchase and sale (including short sales) of securities, borrowing money in connection with the maintenance of a margin account, repaying amounts borrowed and paying interest due thereon. That the Corporation also elects to open (check one box only) RESOURCE MANAGEMENT ACCOUNT ( "RMA ") OR INTERNATIONAL RMA (Open only to non -U. . Corporation domiciled outside the U.S.) and execute relevant documents and certifies that the Corporation has full power and authority pursuant to its charter and by -laws to open and maintain an RMA/IRMA and to effect any and all brokerage and non - brokerage transactions in the Corporation's RMA/IRMA including but not limited to the options selected below (check all boxes that apply): 1) Checkwriting Privilege and certifies that the Corporation has full power and authority pursuant to its charter and by -laws to write checks on the RMA /IRMA in the manner described in the Disclosure Document(s) as defined in the RMA Agreement. 2) BankCard Privileges and elects (check one box only): a) Preferred MasterCard access card with margin accoun and certifies that the Corporation has full power and authority pursuant to its charter and by -laws to effect charges on the RMA /IRMA in the manner described in the Disclosure Document(s) as defined in the RMA Agreement; and that the Corporation has full power and authority pursuant to its charter and by -laws to open and maintain a margin account and execute a PaineWebber margin agreement for the. purchase and sale (including short sales) of securities, borrowing money in connection with the maintenance of a margin account, repaying amounts borrowed and paying interest due thereon. , OR b) Gold MasterCard credit card and certifies that the Corporation has full power and authority pursuant to its charter and by -laws to effect charges on the RMAARMA in the manner described in the applicable Disclosure Document(s) as defined in the RMA Agreement, and to effect the borrowing of money in connection with the maintenance of State Street Bank and Trust Company's Line of Credit, repaying amounts borrowed and paying interest due thereon. That the Secretary or an Assistant Secretary of the Corporation is authorized and directed to certify to PaineWebber that these resolutions have been duly adopted, are in full force and effect and are in accordance with the provisions of the charter and by -laws of the Corporation. WITNESS my hand and the seal of the Corporation a this day 19Of CORPORATE SEAL) SECRETARY) BMKT 3029 Rev. 5/90 AGENDA NO. FowY AGENDA REPORT TO: City Manager FROM: Finance Director RE: TAX INCREMENT TRANSFER DATE: February 3, 1994 Action by Coun Endorse Mod:, iod...., Re j ected Date Annually transfers are made from the Tax Increment Fund to the Park Development Fund as reimbursement for expenses that are financed by tax increment revenues. Park Development Fund expenses totaling $188,921 were incurred in 1993 on projects the Council authorized for tax increment financing. The breakdown is as follows: 47,176.80 Park maintenance building 24, 664.00 Trees for Harvest Park 2561 Barclay (Barclay & Brooks) 23, 662.00 Trees for Hazelwood Park 1659 County Road C 13,182.00 Trees for Geranium Park 2568 Geranium Avenue 59689.00 Trees for Sherwood Park 2237 Kennard Street 10 Trees for Maplewood Heights Park 2071 Beam (Eldridge & Arcade) 2 Trees for Hillside Park 1879 North Myrtle Street 3 Gethsemane Park Development 2401 E. 7th Street 58 Nature Center Addition 188 Total It is recommended that the Council approve the appropriate budget adjustments and a $188,921 transfer from the Tax Increment Fund to the Park Development Fund as reimbursement for these expenses. W:\AGN\TIF93 AGENDA NO. ILI AGENDA REPORT TO: City Manager FROM: Finance Director RE: CARRYOVER OF 1993 APPROPRIATIONS TO 1994 DATE: February 4, 1994 Action by Council Endorse Modified Rejectedr.. Date It has been past practice to permit the carryover from one year to the next of unspent monies for specific purposes. This involves reductions in the 1993 Budget and corresponding increases in the 1994 Budget. Department heads have requested the following General Fund carryovers: Department Amount Account Number For City Manager's $12 101 -504 -4410 Contingency for roof repair ofgYp Office Public Works Building 10 101 -119 -4490 $6,000 for ADA consultant's contract which was started in late 1993, and $4,000 for tsp's. 4,000 101 -119 -4640 Artwork for common areas-$2,000. Funds have been carried over for 2 years.) Additional $2,000 for chairs in main lunchroom. 5 101 -102 -4490 Fire Department contract negotia- tions consultant continues to work into 1994. 2 101 - 102 -4630 Lateral file for City Manager not purchased in 1993 ($800) and a new computer for the Human Resource Director ($2,000). Emergency 560 101 - 112 -4390 Attendance at conference that was Management rescheduled from 12/93 to 1994. AGENDA REPORT— Carryover of 1993 Appropriations to 1994 February 4, 1994 Page 2 Finance 500 101- 201 -4630 2 101- 202 -4630 Public Works 460 101 - 501 -4630 Parks and 900 101 -604 -4630 Recreation 38,300 General Fund Total In addition to the Hazardous Materials Fund Hydrant Charge Fund above, carry( 64,050 19,330 13,700 97 Computer software for project management Annual financial report software Update of Autocad software Office furniture for Nature Center addition ver requests have been received for the following other funds: 204 -112 -xxxx Development of hazmat response team 201 -510 -4490 Balance due consultant for water utility study to be finished. in 1994 201 -510 -4470 Repairs to water booster stations Total for other funds It is recommended that the City Council approve these carryover requests. wAagnlbudgcarr.rep MEMORANDUM Date: Frida Januar 28, 1994 From: Ann Hutchinson To: Cit Mana /Cit Council Sub Donation to Nature Center Action by Counojj,,1 Endorsed.....--. Modified.,,.,,,,,. Rejected„ Date We have received a one hundred dollar ($100.00) donation from the Maplewood Mall in honor of Bob Ode retirement. Please re that this mone be credited to bud line 101-604-000-4630 (office e Thank- notes have been sent to the Maplewood Mall Association. MEMORANDUM A0 ,tion by,.Counoilvo Endorsed... TO: Mayor and Counc lmembers Reecte FROM: City Clerk Date RE: CHARITABLE GAMBLING RESOLUTIONS DATE: February 9, 1994 The North Maplewood Lions and St. Jerome's have requested Resolutions so they will be abl a to renew thei r 1 i censes wi th the State for Chari tabl a Gambl i ng . These resol uti ons must be approved within 60 days of their application to the state. The resolutions are attached. APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lions to be located at Gulden's Roadhouse, 2999 North Highway 61. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lions to be located at L & L Hall, 1310 Frost Avenue. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for St. Jerome 9s School to be located at Dean's Tavern, 1986 Rice Street. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for St. Jerome' s School to be located at 376 Rosel awn Avenue E. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. MEMORANDUM Michael A. McGuire ci Ma 'ct O CounciTo , Y From: Robert D. Odegard, Director of Parks & Recreatio Subje Change Orders For Nature Center 1 Through 5 Date: January 27, 19 9 4 lfzed ReJ ectec Introduction Dam It is requested that the City Council approve. Change Orders 1 through 5 for the Maplewood Nature Center. The total amount is 2380.92, which will be paid from the established Contingenc Fund of $ for the nature center addition. Background Change Orders as follows: 1) Install a hollow metal window frame at vestibule to office window openings as ordered to be changed by the Building Code Official. ........ ................$115.00 2) Furnish and install 13 additional devices and plates to convert single gang to quad (electrical outlets). Furnish and install 2 dedicated lines for computer and printer. Furnish and install 4 G.F.I. receptacles with four separate circuits ............. .... ....................$696.00 3) Repair severed electrical service to parking lot lights. Repair electric service to outlet at new west door opening. Extra soil correction (washed rock) per Soils Engineer and Maplewood Building Inspector............$1201.50 4) Change cylinder in front door to accommodate master key system. Omission of project sign. ............................ 134.56C$ ) 5) Install lever handle overlays on all doors p er quote dated 1/4/94. Request by Building Official per their inter- pretation of the Uniform Building Code .......... ......$502.98 TOTAL • • • . • . • . • • • • • • • • • • • . • • . • . . • • • • • • i • • • • • • • • • • • • • • • . • $ 2 3 8 0 • 9 2 Recommendation Al It is requested that the City Change Orders 1 through 5 for amount of $2380.92 a s part of struction Company. Funding fi been included in the original ect. Council authorize the payment of the Maplewood Nature Center in the the contract with Nordling Con- or the Change Orders has already request for monies for this proj - F *AVOW Iq AGENDA REPORT To: From Subject: Date: Introduction City Manager Michael McGuire Director of Publ is Safety Kenneth V. Coll ins, /C Action by Counolla Purchase of Marked Patrol Vehicles February 1, 1994 Endorsed.--ft Modif JL e Rei'ected Date Money was allocated in the 1994 budget to purchase patrol vehicles.. We, therefore, request authorization to purchase five 1994 patrol vehicles three for the Patrol Division and two for the Paramedic Division). Background The Police Department can purchase patrol vehicles at only one time during the year. The purchases are made in conjunction with the State of Minnesota, the City of St. Paul, Ramsey County, Washington County and many Ramsey and Washington County cities. The vehicles are purchased under State.of Minnesota Contract #M -3550. The vehicles must be now for delivery in June or July. Recommendation As this is the only time during 1994 that we can purchase these vehicles, we recommend that authorization be given to make this purchase. Action Requ i red We - recommend that this be-presented to the City Council for their approval. KVC:js F- January 31, 1994 Dear Mayor and Councilmembers: ciiQn. by Counoil Endorsed- . Nodif Zed RG j ecte Date In compliance with Article II, Section 21 -20, of the Maplewood City Ordinance, the Park and recreation Commission hereby submi p ActivityitsAnnualReortand1994Activi Plan. We reviewed the accomplishments of the past year and discussed the various programs and activities we wish to pursue in the corning year. Our continuing goal is promotingggpg our city parks and maintaining a quality park system, geared to the continually char g - ing demographics of our community. We appreciate your past support and anticipate continued interaction between the Council and Commission during 1994. We also appreciate the support and assistance provided by the Park and Recreation Di- rector and his dedicated staff. Respectfully submitted, Jeanne Ewald, Chair Jeff Carver, Vice -Chair John Chegwyn, Secretary Bonnie Qualley Donald Christianson Cathy Tollefson Peter Fischer Mavis Hawkins Michael Fiebiger ACTIVITY PLAN OF THE PARK AND RECREATION FOR 1993 CITY OF MAPLEWOOD As we look forward to 1994, we reflect on some of the events of the past year to measure our accomplishments. 1993 could be called a year of endings and beginnings. A major emphasis this year was the completion and dedication of Pleasantview Park, planning and construction of the Nature Center addition, and the beginning steps to redevelopment of Western Hills Park. Additional accomplishments include: creation and purchase of informational park signs, completion of Phase I of the Tree Planting Plan, purchase of the Basler property adja- cent to the Nature Center for expansion, and the reluctant but necessar demolition of the Heritage Center, In 1993, the internal committee structure of the Park and Recreation Commission was refined. The Playground Committee worked to update the plan for purchase of newpPP equipment, as well as beginning a visual inventory of existing equipment. The Public Relations Committee developed and began to implement a comprehensive PublicPgpp Relations Plan, including an educational and informational brochure and video. The Policy Committee reviewed policies i ark redevelopgppnregardto ment and has been discussing a Donation/Giving Policy. The Commission also toured all the Maplewood Parks, attended the Annual City Tour by the Planning Commission, and represented park concerns at City Council meetings. Our goals for 1994 include: Redevelopment of Western Hills Park by the end of 1994 Update PAC Ordinance Attend City Council meetings when agenda includes Park and Recreation items Inventory and purchase playground equipment Formulate a Donation/Giving Policy Complete brochure on Maplewood Parks Develop a public relations video to be shown on Public Access TV Monitor and evaluate current recreational programs Review of recreational trail needs in the city The Park and Recreation Commission will also continue to participate with the City in the planning and development stages of the Community Center and Open Space Plan. Park maintenance and development accomplished during 1993 through our Capital Improvement Plan is attached as an addendum to this report. ADDENDUM 1993 CAPITAL IMPROVEMENTS GERANIUM TREE PLANTINGS — MIDLAND NURSERY . . $ 30,756 GETHSEMANE ELECTRIC FIXTURES (HOCKEY RINK) — STANDARD ELECTRIC $ 3 HARVEST BANGBOARD & WINDSCREEN — MODERN FENCE & MFG . $ 3 HAZELWOOD TREE PLANTINGS — MIDLAND NURSERY . . . . . . . . . . $ 54,023 SIGNS(SOCCER FIELD) — M.R. SIGNS . . . . . . . . . . $ 644 HERITAGE CENTER — 2005 EDGERTON SEAL WELL — JOHNSON WELL DRILLING $ 640 REMOVAL OF ASBESTOS SIDING — SKITCH ENTERPRISES . $ 3 REMOVAL OF HOUSE & BARN — F.M. FRATTALONE . . $ 4 HILLSIDE TREE PLANTINGS — MIDLAND NURSERY $ 5 MAPLEWOOD HEIGHTS TREE PLANTINGS — MIDLAND NURSERY . . . $ 22,712 NATURE CENTER ADDITION FIRE —GUARD SPRINKLER . . . . 0 . . . . . . . . . . . $ 3 PROTECTION SERVICE — HONEYWELL,INC . . . . . . . . . $ 3 ARCHITECTURAL SERVICES — NAI ARCHITECTS . . . . . . $ 6 CONTRACTOR SERVICES — NORDLING CONSTRUCTION . . . . $119,854 PARK MAINTENENCE SHOP — 1810 E. COUNTY RD B FIRE -GUARD SPRINKLER . . . . . . . . . . . . . .2,000 REMOVE STAIRWELL, DRYWALL, MAT, TILE BASE, CARPET, CERAMIC — J. & N. CONSTRUCTION . . .6,565 ELECTRIC WIRING & FIXTURES - KELLER ELECTRIC . . .3 MAXTRAX 300 BASE STATION — MOTOROLA . . . . . .1 STEEL INSULATED GARAGE DOOR — NORTHERN DOOR CO . .1 PLUMBING PER NAI PLAN — NSI PLUMBING . . . . . . .8 VENTING PER NAI PLAN — NSI SERVICE, INC . . .7 ELECTRIC PRESHER WASHER — SPECIALTY EQUIPMENT . . .1 CONSTRUCTION CONTRACT PER NAI PLAN — STAR BUILDERS .14,264 PLAYCREST BANGBOARD WITH EXTRA POSTS — MODERN FENCE & MFG 1. s 950 SIX COLORADO BLUE SPRUCE — TREMENDOUS INC . . . . .810 PLEASANTVIEW FINAL PAYMENT — BARBER CONSTRUCTION . $ 11815 PURCHASE RESIDENCE — 2669 E. 7TH ST. PURCHASE (CAPITAL TITLE . . . . . .554,200 MAPLEWOOD PARK AND RECREATION COMMISSION MEMBERS JEANNE EWALD, CHAIRPERSON 1744 RUTH STREET MAPLEWOOD MN 55109 JEFF CARVER, VICE- CHAIRMAN 22 -93 SNOWSHOE LANE MAPLEWOOD MN 55119 JOHN CHEGWYN, SECRETARY 1631 EAST SEXTANT MAPLEWOOD MN 55109 DONALD E. CHRISTIANSON 1111 EAST COUNTY ROAD C MAPLEWOOD MN 55109 BONNIE QUALLEY 2089 BEAM AVENUE MAPLEWOOD MN 55109 MAVI S HAWKINS 1406 EAST PRICE AVENUE MAPLEWOOD MN 55109 MICHAEL FIEBIGER 498 MARNIE STREET MAPLEWOOD MN 55119 CATHY TOLLEFSON 2587 POND AVENUE MAPLEWOOD MN 55119 PETER M. FISCHER 2443 STANDRIDGE AVENUE MAPLEWOOD MN 55109 TERM OF ATTENDANCE EXPIRATION SERVICE IN 1993 OF TERM 1J88 100 12/31/93 4/91 58% 12/31/93 4J77 67$ 12/31/95 11/77 83% 12/31/93 12/74 83% 12/31/94 6/86 78% 12/31/94 6/89 50$ 12/31/95 6/89 12/31/94 5/93 100$ 12/31/95 40000 tam -V MEMORANDUM TO: Cit M F Director of Community Development SUBJECT: Plann Commission's .Annual Report DATE* January 27, 1994 INTRODUCTION Endorse Modif ierl Re Date The Cit Code re that the Plannin Commission prepare an annual report to the Cit Council b their second meetin in Februar This report should include the Commission's activities in the past year and .major projects for the new year. 1 993 ACTIVITIES The Comrm'ssion considered the followin 3 chan to the land use plan 4 chan to the zonin map 6 preliminar plats 4 preliminar plat time extensions 1 Code chan 11 conditional use permits 5 vacations of ri or easements 7 variances 9,miscellaneous re The Commission also reviewed the idea of a Ma Street Corridors Stud and started the commercial propert stud The Commiss discussed the commercial propert stud at seven meetin in 1993. 1993 LAND USE PLAN CHANGES The Commission considered three chan to the land use plan in 1993. Ch PC Action Council Action 2100 White Bear Avenue Approved Denied Communit Center) 2425 White Bear Avenue Approved Approved Church) Southwest comer of Frost Denied Pendin and En (Town houses) Action by COMO 11*11 1993 ZONING -MAP CHANGES The Commission considered four changes to the zoning map in 1993. Changes,PC Action Council Action County Road C and Duluth Approved Approved Street (Goffs Mapleview) County Road D and Walter Approved Approved Street (Canada Woods East) White Bear and Cope Avenues Approved No Action Assisted Care Facility)Withdrawn) Southwest coiner of Frost Tabled Pending and English (Town houses) 1993 ATTENDANCE Name Appointed Term Exuires 1993 Attendance William Rossbach 10 -10 -89 12 -93 14 out of 16 Gary Pearson 12 -10 -90 12 -93 16 out of 16 Vacancy 12 -93 Gary Gerke 10 -10 -89 12 4094 15 out of 16 Tack Frost 12 -10 -90 12.94 13 out of 16 Mary Martin 2 -25 -91 1.2 -94 15 out of 16 Kevin Kittridge 10 -12 -92 12 -94 15 out of 16 Roger Anitzberger 4 -23 -90 12 -95 15 out of 16 Lorraine Fischer 1970 12 -95 14 out of 16 Lester Axdahl 8 -08 -74 12 -95 16 out of 16 Marvin Sigmundik 3 -14 -83 12 -95 10 out of 16 MEMBERS WHO RESIGNED IN 1993 Roger Anitzberger 4 -23 -90 Sherry Allenspach 3 -23 -92 Roger is serving until the City Council appoints a new member. 2 1994 ACTN(TIES 1. Complete the Commercial Property Study. 2. Complete a study of planned unit developments. 3. Tour development sites in the City. 40 Review -_open :space sites and their relationship to natural corridors and for the Phalen Lake Watershed Study.. S. Review the Comprehensive Plan and update as may be appropriate or necessary. go\memo5.mem (6.1) 3 0: / I MEMORANDUM TO:City Manager FROM:Thomas Ekstrand, Associate Planner SUBJECT:Conditional Use Permit Review LOCATION:1739 -1757 Gervais Avenue PROJECT:Carefree Cottages of Maplewood DATE:February 4 1994 INTRODUCTION Action by Council Endorse Modif i e ..- ReJ ected...,., Late The City Council should review the conditional use permit (CUP) for the Carefree Cottages of Maplewood. (See the location maps on pages 3 and 4.) On January 11, 1993, the Council extended the CUP for one year. The CUP is for 106 housing units for seniors. (See the site plan on page S.) DISCUSSION On June 14 1993, the City Council dropped their earlier requirement for a sidewalk on Gervais Avenue. The sidewalk was to have been to Four Seasons Park. The Council decided to review this decision again when they review the CUP. (See the Past Actions section on page 2.) The Council eliminated their original requirement for this sidewalk since dropping the sidewalk would: 1. Not change the existing or planned character of the surrounding area 2. Not depreciate property values 3. Avoid creating a nuisance to adjacent property owners 4. Preserve the neighbors' trees and landscaping These reasons are still valid for dropping the required sidewalk. Construction is underway, and the developer is following the CUP requirements. RECOMMENDATION Do not review the CUP again unless a problem develops. PAST ACTIONS On December 23, 1991, the City Council changed the City's land use plan for this site from LSC (limited service commercial) to RH (residential high density). The Council conditioned approval of this change on the applicant starting construction in one year. On December 30, 1991, the Council approved four additional applications for this project: a conditional use permit (CUP) for a planned unit development, a reduction in parking spaces, tax- exempt financing and tax - increment financing (TIF). On February 24, 1992, the Council changed Condition 14 of the CUP. This change allowed a one -way road along the west property line. The condition approved in December prohibited a road along the west property line. On January 11, 1993, the Council granted one -year time extensions for the land use plan change, CUP and tax - exempt financing. On May 24, 1993, the Council approved a division of the TIF district into two parts. On June 14, 1993, the Council: 1. Approved a change to the CUP. This change dropped a required sidewalk on Gervais Avenue from the project. The sidewalk was to provide access to Four Seasons Park. 2. Directed the Public Works Director to restripe Gervais Avenue from the Maple Ridge Shopping Center to Kennard Street to include a bicycle lane. 3. Decided to review again the need for a sidewalk to Four Seasons Park when they review the CUP. On June 28, 1993, the Council gave final approval to the TIF development agreement and the loan agreements. On November 8, 1993, the Council approved the splitting of the Cottages site into two parts. Since one part of the development would not front on the street, the Council granted a fifteen -foot setback variance and subdivision code variation. go \b- 6:cotwest3.mem (10) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 2 Attachment 1 CASTLE AVE..COPE AVE . 7 UURIE D. OLa Ir RA69StY FAM GROlRJ6 HO LOCATION MAP Q N E#W AVE Q Qoula VIKING OR. W SNERREN AVE AM AVE P YI1LE AVE KONLiMN AVE, AVE. r AVE t LARK t AV Xl. 1w. cc OM4 W LAURIE RO C V V' AVE CFR'VAIS AVE. CO. m Q.. V KE 6URKE AVE. o pEMOM b LA. EI,OR IOCE AVE AVf. Ci TAW O CASTLE AVE..COPE AVE . 7 UURIE D. OLa Ir RA69StY FAM GROlRJ6 HO LOCATION MAP Q N AVE Mhou V X w " ' • AVE. C AVE Qoula VIKING OR. MUM SNERREN AVE AM AVE COPE AVE. r AVE t LARK t AV Xl. 1w. cc LAURIE R0.sr.,.r M LAURIE RO v SAND WRST Mimi AVE CFR'VAIS AVE. CO. m Q.. KE 6URKE AVE. o BURKE AVE b LA. EI,OR IOCE AVE O 9ELM0NT LA. AV E' SKILL AuW AVE.KARAS AVE. R0.SE1N000 AM 0 AN AV. 1 AVE. & AVC Ell l I 146 I F@ CASTLE AVE..COPE AVE . 7 UURIE D. OLa Ir RA69StY FAM GROlRJ6 HO LOCATION MAP Q N AVE Mhou V X w " ' • AVE. 4C _ AVlea 1:. Qoula t9 MUM l"+ok=`AM AVE o 0 r Xl. 1w. t EL MimiA CFR'VAIS AVE.Q.. CASTLE AVE..COPE AVE . 7 UURIE D. OLa Ir RA69StY FAM GROlRJ6 HO LOCATION MAP Q N AttanhMint Z .- ILL t40 • r, •' 100 w C / • w 253 ff 534 `253 • i ( 40 1 2 80 3 527 w 252 31 3252O1!'..4 1St..... .. _ . of 21-IL A 164:93 • A 1.71.1 ttie. o. oec. f t 354 -'• L ( 39) a ` ' 2504' 2495 o *, r • • can ' 2488 LOT SPOT' APPROVEDPHAEWO r24110NOVMBER11.8 -93 cam) N 2472 A 2464 AM U t 2456 Q 1 U244 PHASE ONE to 3 i f 2440 + r yeti i S2432 ..•... •ti 1 J Q arjn ' z t A Q . 2448 1725 X733 ., . , o ;1695 J AV 1LL , .. , 2400e , I1bl2S1004: U _. w w. n . tip, sss K l +.s' 3t.i!' !31 j/' a _ S . - 132.0 .. 2 =f. -3iS 4. t S ac . (. st s .f• at. { , Za. Aft 4 O * 1 ^ ~ w 1. 13x.. _ 4 14 . • 1 N ; iS r t N t t a l t 1 6 4Nc Ni C si ; • t 1 Z Ct3 os 5f to 1: t A IN PROPERTY LINE /ZONING MAP SITE 4 N Attachment 3 M LEFT TUNt'1" SIGN . I "PTO jtIGBT TIIR1" BIaIT aRQzNCY ICLI ACCze$ 1S ENU G 0 SITE PLAN 5 F,000 Ig MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Manager Chris McGlincey, Planning Intern Conditional Use Permit Review County Road C, east of Keller Parkway U.S. West Communications, Inc. February 4, 1994 INTRODUCTION Fndors ed...- ..- -..,- Modifi Rejected Date The City Council should review a conditional use permit (CUP) for a telephone equipment building. The building would be on the south side of County Road C, east of Keller Parkway. (See the maps on pages 2-4.) The lot is undeveloped. U.S. West expects that future service needs may require a building on this lot. (See the letter on page 5.) BACKGROUND On December 9, 1985, the City Council approved the original CUP. On December 8, 1986, the Council renewed the permit for two years. On September 20, 1988, the Community Design Review Board approved a site planty pp revision, subject to ten conditions. On February 13, 1989, the City Council revised and extended the permit for five years. The revision allowed the telephone company to expand the building and use the entire lot RECOMMENDATION Review the conditional use permit at County Road C, east of Keller Parkway, in five years. go /b- 6:uswest.mem (9) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Letter Action by co oll courrnr Ro. o -- Q o LAM X In Z3 BEAM A%0 as 0 w 5 do Lu Lake J KOHUNM! AVE. Om ' J COtlNTY R010 r^ C ti Om . nrp PALM cr. Pry" z ol CONNpR Cd AW DEW" Wt Y GERYNS AVE P: PIfiY1: uo(ws AVE 0 lb.% A SEX T K1/1K1NG C1 Lola V CERNNS LAME CT, CRANOMEIM AVE 1 Cr. BURKE cucooru .vr p uo(ws AVE A SEX T 3AVE. V CERNNS CRANOMEIM AVE as VNpN DR. cucooru .vr COPE 7 AVE v CO. < R0. LAURA W. sn. LE1MM cnoH AVE 1) CWWBERS ST AVE. AVE. g LOCATION MAP 2 N Attachment 1 BEAM A 2 as•5 T COUNTY ROAD C r too. 7 9 t 80 d o /00 12 75 ° t J , 2634 / ) , - ) ° 2626 ®o- " • D aD '• • ro 7_SS -1 c 70 K h 80 SI 10 306 889161 N ( 41 ) . rvN , t1.4 ec. 2600. 4, Z G CLj 103. St c ' '• t • 4 9026 i I;elt U, 7) + V& 1 5 5 1 6s) Ito) 6a 'C P 0 1103.5-1 2o . 4 3 PALM COURT"0 6 lot 103 O 90 .96 8 \ (19) `' _ to v C ofk gyp` ' ' C s -) " PIN g C 3G) t z o g . { s' lob, 90 9 / c . 10 i 0T : 6 t q .9 . ^ ! . 14 N 13 9 14 0 (30 149 . ' 1 0z' 3) o 0 S3 h CON NOR v. 130 •bb i `I ^ i L t 1,3 417 i , e 10 7.3.3 R rl04qQ. c 7) s 2 h - 1 O 05 16 1 7 p ... -f 9- t6 ac. - 4S.ot 13i.o9 00 4 it Ell r .J 9) r o ZO h• ,r fit tog z z 190.24 DE M O NTO Z 1 - 11 ot W 2 P () (W in LAO PROPERTY LINE / ZONING MAP' 3 COUNTY ROAD - C j , .. • . '' ...r• fir ob INGEXIST HOUSE PROPOSED SO/ tit•i,Y/1,• / •/ / / j , ;p / lie 8/ N A 101*1 00,00.- ,. 0000 , • woo— spool aid /, '' -- +.- .t SITE PLAN J 4 N 4 U S WEST Business Resources, Inc. Real Estate Department 2800 Wa Boulevard, Room 350 Minneapolis, Minne'sota 55405 612 374-9422 Attachment 4 u Januar 24, 1994 Ch McGlince Plannin Intern Cit of Maplewood 18300 East Count Road B 0. Maplewood, Minnesota 55109 RE: Conditional Use Permit Renewal - Count Rd C,, Lot 4 1 Blk 1,f Gonzales Addition to Maplewood, MN (P. I. N. ) 09- 29- 22 -22- 0006 Dear Mr. McGlince Per your letter, dated Januar 4, 1.994,, re the conditional use permit renewal for the above referenced propert U S WEST Com Inc* would like to renew the permit f or an additional five years . There would be no additional chan to the current site plan at this time. Please consider this our re to extend our permit. The site is intended to serve customers in the newest t of telephone technolo as we exhaust our present technolo limits, and the site will be utilized based on need. Also, please note that our address has chan and all further correspondence should be directed as follows: U S, WEST Communications, Inca Real Estate Department 2800 Wa Blvd., Room 350 Minneapolis,, MN 55405 Thank you for your help with this matter. S cerel Pamela Boben Real Estate Assistant Maplewd.CUP JAN 2 6 , 5 MEMORANDUM To: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Final Plat LOCATION: Viking Drive, east of Payne Avenue PROJECT: Pedro Addition DATE: January 28, 1994 INTRODUCTION Fluol? Action by Council~. Endorse Modifie Rejecte Date Carl Pedro, Jr. is requesting that the City Council approve the Pedro Addition final plat. This four -lot plat is for single dwellings. The plat is east of Payne Avenue on the south side of Viking Drive. (See the maps on pages 2 and 3 and the final plat on page 5.) BACKGROUND May 10, 1993: The City Council approved the Pedro Addition preliminary plat, front yard setback variances and a zoning map change for this site. This preliminary plat was for four single - dwelling lots. The zoning map change was from F (farm residence) to R -1 (single dwellings ). (See the preliminary plat on page 4 and the preliminary plat condirions on page 6.) DISCUSSION The developer has met all the conditions that the Council required to approve the final plat. RECOMMENDATION Approve the Pedro Addition final plat. kr:memo35g.mem (8) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Preliminary Plat 4. Final Plat 50 5 -10 -93 Council minutes e ,..7 ti. 240ON ... ss - •a 01 do • • • ' , • KLARKAVL. 2Y 4 J ` LAIJWE 9 cr. OURICE CHAMI RIDGE AV E ELDRIOGE to Ay ea.MOrrT u LAS BELMavT 44 cou CA SIgLLMNV _ AVE. W I 5K1lLMIIN AV. KENW OOp KOO acCKtgwJ !iCL0 CD CD O MTo VERNON AV I W y w RO$ WN A O ems. %I= AVE BEUWOW AME CL tg FE wool" b RiPLEY z Y CL AVE. RIPt.Ef AVE Ci S i C S0 KIN GSTON < AVE N AVE Pf AVE 41 to SAINT PAUL LOCATION MAP Q N 2 PEDRO ADDITION 0%/'T IJl= ;if c' - '//L0T 3 SE cat wv'r LOT 5 N89*16•30"E 0319.8.9 SE[ ern# SOUTH LINE NE V4 OF SE 44SourptuNEGOVTLOT3 • AAPM 154.97 I3L46 362.43 0"d Z29.97 111KING L)RIVE MM"WAF APEN Aw cor, oar .9. sv^11Y AM q -190 MINNESOTA 3 TRUAX H,GHWAI 1 36 3 a •cp- x9'24'• E 8 CB rIAtarawr R;,2055.06 It/wzSECTION8 " M89'2e57"E 416.04 tiff V/W-7 nr !-, a ' '+ WIP VT aw Too- 7 W'bw I Ava Mor AU ~Jr BL 20( IU 2 3 4 woo I? 2K' ANOTE E TE SEFINAMMIZISAaW AW 06" -Amp RLS AghMi13MM., 4r MAW V 11% saektrwS89"'201110 4-95. 86 Z69 I AwaNst wit* S@wO* LAO& AM 81 _s8q. FW. 44W \ -V RE ROO WICAP AILS IT49i 161 A At Ar "-"MrC Ar Ah"N AMPTA&W A 0 .25 =0 1w scAu Aw Par I AVCK t0 So FM WA ; W r at cur mw Awmumcmi A SEC*, r"N. A`ZZW Y . orksm.41" CD X a 5M.M977 G VICINI TY MAP DETAIL OF SOUTH LINE PEDRO ADDITION SEC r#aV 8, T29N.R22W APOT 70 SCALE) 1'l-1 'r AD D f JiON 3 W tu _ uiz OVAIS LAKE Ab See/* OR Nw ANN WWI" Lor IJNA co 1 - L.0aw for ums If SOVTM LIAN CARL W. PETERSON & A,5SOC, INC. 0 AIMM-491) 7 A W) 7.35 -706 C+ C+ 0- AfNOTES 4'T MCN 'RaV NPE MaWAff.Vr AURNrO WITH A PLASTIC CAP HSCRIS fREMW NS Z9969. 0-0CAV,1fS ~ mawmew MW SWf AW M"XIM49S AS SIV CO CAST AWN M0VMAWWr AT ArAsr jv4 aw., SEC. s. r"Ar. Rzzw 91 Ys *A 048 RAMY 00. XmSM.030.6r2 ( Aft Low. St 44 of se 114 SEC. 0. rzv#. #22W. PEDRO ADDITION SHEET 2 of 2 SHEETS W 4L loz1 cow. VIA; hat CL R 3 Oat oftf1w L 4 f Z. 0 71.5.001 1 1 L11- 10 sw $* 8.xA y. t sxOJ sw 495.86---AvRrN - MME 269ILIMEAWIr10W AS 093CM&M AOW A000W1)06VYF0 S89`20WOW CARL W. PETERSON & A,5SOC, INC. 0 AIMM-491) 7 A W) 7.35 -706 C+ C+ 0- AfNOTES 4'T MCN 'RaV NPE MaWAff.Vr AURNrO WITH A PLASTIC CAP HSCRIS fREMW NS Z9969. 0-0CAV,1fS ~ mawmew MW SWf AW M"XIM49S AS SIV CO CAST AWN M0VMAWWr AT ArAsr jv4 aw., SEC. s. r"Ar. Rzzw 91 Ys *A 048 RAMY 00. XmSM.030.6r2 ( Aft Low. St 44 of se 114 SEC. 0. rzv#. #22W. PEDRO ADDITION SHEET 2 of 2 SHEETS Attachment 5 4; 2. 7 :15 P. M. (7:54 P. M.) : Pedro Addition convened the meeting _ 10A5 a. Mayor Bastian con 9 for a public hearing regarding a proposal b Mr. Carl Pedro, Jr. to develop lots for four homes on a. 2.13 P y acre site between 580 and 728 Viking Drive. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report, d. toamissioner Anitzberger presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Carl Peterson., Carl Peterson & Associates Alan Kretman, 2233 Kenwood Court Carl Pedro, . the applicant Les Axdahl, 2209 Payne Avenue f.. Mayor Bastian closed the public hearing. Preliminary Plat g. Councilmember Zappa moved tg approve the Eedro Addition Ereliminaa- E]At with the fgllgwing conditions: The developer must: 1) Obtain the City Engineer's approval of final construction and engineering plans. These plans shall include the grading, drainage and erosion control plans. These plans shall meet the following conditions: a) The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. b) The developer shall only grade the land that he needs to construct the home pads and meet drainage requirements. 2) Sign a developer's agreement with the City that guarantees that the developer will: a) Install permanent signs around the wetlands drainage easement. The signs shall state that there shall be no mowing, vegetation cutting, filling or the dumping of lawn waste. b) Install survey monuments along the wetlands drainage easement. 3) Change the drainage easement on lot 4 to include the land with an elevation of 881 or below. The easement shall be subject to the City Engineer's approval. 4) Give the city recordable easements for lots 3 and 4. These easements shall prohibit any mowing, cutting, filling or dumping, including yard waste, within the wetlands drai page easement. 5) Show the wetland boundaries on the plat. 6) Get a permit, if required, to put a driveway opening in the guard rail on Viking Drive for Lot 3. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. Seconded by Councilmember Carlson dyes - Mayor Bastian, Councilmembers Carlson, Rostbach, ZappaPP Nays Councilmember Juker Front Yard Setback Variances h. Councilmember Zappa Lntroduced followjng Resolution and moved itsadoLtjgQ.i. 93 - 05 - 165 VARIANCE RESOLUTION FRONT YARD SETBACK WHEREAS, Carl Pedro, Jr. applied for a variance from the zoning9 WHEREAS, this variance applies to Lots 1 -3, Block One Pedro Addition WHEREAS, Section 36 -70 of the Maplewood Code of Ordinances requires afrontyardsetbackofatleastthirtyfeet.. WHEREAS, the history of this variance is as follows: 1. On May 3, 1993, the Planning Commi$sion recommended that the City Council approve this variance. 2. The City Councill held a public hearing on May 10 1993. igyCI staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required b law.The Council Ave v y g everyone at the hearing an opportunity to speakandpresentwrittenstatements. The Council also considered reports and recommendations from the City staff and Planningg NOW, THEREFORE, BE IT RESOLVED that the City Council approve the aboye-described variance for the following reasons: 1. The variances are due to circumstances unique to the propertyqPPYthattheownerdidnotcause. 2. The variances would not change the nei hborhood's character,acter. 3. The variances would meet the ordinance's intent since thevarianceswouldallowthenewhomestohavesetbacksconsistentwiththeotherhomesonVikingDrive. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 7 Zoni ng Map Change i. Councilmember Zappa introduced the following Resolution and moved its ado tion: 93 - 05 - 165 ZONING MAP CHANGE - F TO R -1 WHEREAS, the Director of Community Development is proposing that the City change the zoning map from F (farm. residential) to R -1 (single dwellings). WHEREAS, this change applies to the properties located on the south side of Viking Drive, east of Payne Avenue (680 through 722 Viking Drive). The legal descriptions of these properties are:0 The west 75 feet of the east 229.76 feet MOL of the north 487.37 feet MOL of the SW 1/4 if the SE 1/4 (subject to highway and easements) in Section 8, Township 29, Range 22; and Except the west 75 feet;. the east 229.76 feet MOL of the north 487.94 feet MOL of the SW 1/4 of the SE 1/4 and the west 132.03 feet MOL of the north 487.94 feet MOL of the SE 1/4 of the SE 1/4 subject to highway and easements) in Section 8, Township 29, Range 22; and Except the west 132.03 feet and except the east 150 feet, the west 496.89 feet MOL of the north 487.94 feet MOL of the SE 1/4 (subject to highway and easements) in Section 8, Township 29, Range 22.9 Y WHEREAS, the history of this variance is as follows: 1. On May 3, 1993, the Planning Commission recommended that the City Council approve the change. 2. The City Council held a public hearing on May .10, 1993. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. . The Council also considered reports and recommendations from the City staff and Planning CoRrci ssi oq. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not .substantially in3ure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. Seconded by Councilmember Carlson Ayes - all 8 r x r w. auwr: a..... aw+: n+. a4J:............ +..... af... ruN4 .:`r:..:..t4...+:.,+.:.r...a ._., ... .....a.. ,.ilcrrz..wid..r:Nk¢4 &,f4.'_ fat« 1: wtmuo... r:...>... wM.,....:.> .- .b.u..;y.u7f,..w,...v:.v1., ear .:>ssk,r,,.r..c+.Lta,..,.: ,.t.r.a..r.,ti. ., _. _.. .. 5,.>.. kv,+ . s.- Xd.: da..... t..,.... e.. x. rlvw...... 1< a... o.,.... Hmuucuw. :. i.,.. a ..,..._,........w.a >uw +a.++a cw • .w.%bif..w <.i..auwlwJrr ..anr..: -..-a _.w..rnv.. . x .......,sa',....myA.wn.uwi. w +.W f........ r... ....:..ca.. - ... .a,........w.:.i...::.f.: .....s..,.,.. ... AGENDA REPORT Action by Council of To: City Manager Michael McGuire Endorsed.- ---lV. Collins ''' Modified--- --From. Di rector of Publicc Safety Kenneth Subject: Application For Liquor License - Janel M. Ketteler Rejected. Date: February 7, 1994 Date Introduction Janel Ketteler has applied for an intoxicating liquor license for 1900 East County Road D (Ciatti's). Background An extensive background investigation has been done on Ms. Ketteler. She has no known contacts with the police, and we cannot find any evidence that she holds a liquor license in any other establishment in the State of Minnesota. Recommendation After conducting a thorough background investigation on this individual and having a discussion with her, I do not find any reason to deny her application for an intoxicating liquor license. Action Required App I 'c for intoxicating liquor license to be submitted to the City Council for their review and approval or denial. KVC:js cc City Clerk Liquor File 94- 000365 DEC -21 -93 TU f 1 1 :25, CIATTI',S INC. G FAX N0, 612 +941 +0701 OF 00D P. 02 fl r P CA's Off' FOR UVMXICAIING QUOR I CEN S E . 2 AYPLIC.ATIOff? S ,1' ]BE SUBMaTTZD IN IDUP'LJCA'I`D. Please do not use initia Wb oev er Ab &D Im aw tirls aad wi'tt'ully tal la q y the x nun• *xs to the fcX o winz qu e* tJ onn a l t a.h ail • be 0 4904L= •d xmm tT exi per wrr ago d aII be pu lah rd l F.r In A.nsv trin. e tall a rrSct arta ois 1.' 1. C AUh?'TS m}i be Gov e-rm s'd as faIJ ors . For a Oar- j;*o r* t3 oa M it atl5 c_tZ aI ss *c v t.e this fp plica ti on for all vM tars. dir etc tory "d stockholders. For a part- 0 f ers h.l Oct p cad ib t ,,pPL. CAIT't'$ anal) is e" to Mix app2xcatmn . fos salt od t.h a party c.rchj p. . 2 f OUES` ION MUST RE ANSWERED for &Zb.d fn bwhjLlf Vd C ill "'p Inc. v r rsby Grp ?y for an Qi _ Sa t In toxIc.at,in = Uqu or I-J e - n s e to be iocs tad a t ' m - U r- %.. 4.0 1993i9OC2C- --C,"- 'T> A % E s in the C i... r.. W • s . a d d.rR u sS ts.! ies•cri p ti a n dspl9W00d, County of RseT. S sad ldi ts-o .x, In ac,,oHa.nce. with Cha provision: of O•rdirAnce No. b cd w s pl ew aod. 3. Give appl3caw ts' date al bb1h : 0 Z 2- S7 su Ad am th) cY•mi X. Th t res 3 d e n c e for eru h of tb t appIic z ts. x1n ed herein for tb a pjuc t five y e x Is as f ol1 o•%•s : x0' iff 4 /,I Z.21-Az A2 /—,Oopz-- -)!2:33e2K r 4. Is the ap pa i csxn t a el tlz ez of th 'Utd t ed Stair ? V "1 u rat iz &d state date aut) d 1plxc* of zartu rm&z a 3 a tioa oar partz),-hip, xUte d Jp b'v0u &r Z m a t u rat iut3 on of each officer or partner. At i. Tit pearl rrb o tx ecu us this applI tSop shall tfve wVe's er lu sbazTs fuTI o am a a.nd ad d ress. X . • _ , , i. h,s t tsc cts pats oaa h.arr a a,yp33u ! an d *xA*Cla t* s it) this appl i - a tl on followed for the past five r as rz J r,&f 9y / -oo8 x yyi oo DEC -21 -93 TUE 1126 CIATTI' S INC. FAX N0. 612+941+0701 P.03 T. If . partm exshlp, st* t.e siLm e rn d ad dr%ws ad •sib pax1=ear a ec3 Porn Uon, d& to ot (CI I .rtato In rte 1 l &= Oam t od au th oris.ed C-. i tas.p ion am aovt of to r. ' If a sfv id.&ry Of w2tf Otbaar corporutkov, •a a" Kar of 1. sLxm a Aa d ad cis mi of an oM cwt . dirvctors and 0 t ook h cJ d ers an th o b u m bex os bt .a b e3 d by eac Cri ) 6b If a a d e r th t laws of another state, is ciorpora tJ on aiiamized to do hu s in ac In thia State? N u.snbe.r of c4a- 5 cafe of ate tho rl ty If this appl ice tion is for a a e w Corpora tf can, include i "rjM ad tapy of Articl c i of J.D c orpo rs ti o n an d Br -LAWA. O/A 2. 0= -r ha t f 007 is tb a as t abUsL=>et- : ;ix--* 14J., or is be 1 oca t ed T . • Il 9. If orptxs tin s n a d rs• a LonSn or,coIAn b v it the loran Vem of a a bu 11 d ink el ass i A ed 1 _ L!Z — . . U the buD ding Toca t.*d wf th In the pres.cribeid area for s v c h Xi ce Ls e ? 10. Is the ex to bl i sham e n t ;ocA ted near ,aim e* e>?•jr. CaOjj tM snllr eracl ty, church, rr de-or b.1jrh ach ool ! State th * a p p ro x ima to d t s tjn ce of the •s t.a W l sh.m an t from suchchi och o of or r h u rrh 21 - S ta< Z4Lm a and acldrau VC o vw w of ba ild.inr C' . j has a w er of bu D dixxx any "wa n oc tiOn, diroc Uy cKr in - dirK ter, W" a 13 i ? . 2x Are Chit tax 1m tm th 91bave PrvPertY Ja11ngvmw t 1 It Ute wl tth*7 arVp't C-" L orr JM7 rd bit *& xoc#a tv Oem sVVI ]c tioN It *Y e s a as- N ad an appl ica ti o n ter a Uquor . "] +tt*a b? "Y m aQ W W! ty W Statt as th on t y ; If Po, if v e ds to " d d s t aM s e N &s th APP71c& t, oar amr to s bn tb ia a,p 71eAt;m; du rfnr th s five yea" hnm &d i.a W y Vr this •PPUcAt1*z tver h a Ncem a"er !hc Uiuneaots Uquor Coati Act myok for aanr riota d' sv cb lays or jocaT as ; ff ia. gf t da is and d e fast C? - - 1830 E. Maplewcod, 0 % 55'09 DEC -21 -93 TUE 1127 C I ATT I' S INC, FAX N0. 612+941+0701 P.04 Y... acts a .b etb er * Zppt, ew am r e ^" ocLa t" in this a pp) i ca t on, d u rinS tb.at p4s t ttv a year -s w er,r wv er ton vi c W 01' &m y Uqu or La le v4*1a tJ on s ar &my crime in this a tarp te or "y oth s tea te, or sm dt.r 3 a - al Z_A ors, aM d if ao, eve di to and d e tails _ —N) C) 2 6. Is ati pp'"M t, or XM y at his ass 0CIM UM fig tRU Up p}i cs tlon, a m ernber of the gov a rn 3! bey of th ZD u M Icier t In wh ic..h Oils Uce= e i to be W u od ? UQ u ao, is w h;a t c..apa ty ? _ 17. S to tt w h el -her an pert on other th s,n ap pl i ca.n t s hAs eny T i jrh t, ti !.1 a or Lin te rez t IM the furniture,Zx t u rte, or sq u ip m e n t in the pi ern ixc_x tot w hj ch Ij c t w e is applied, " d if ao, eve a.&M es and d e t 0 s 119. 13s applir - Ant,s aLn inter wha direc or indirec In any other liquor establishrnent In the St.s of Alinn ots ? L7 Give nuns and address of such rstablishmen Cj;WL"s 1:` &l d'R-_e,S-LQ 4a Mr-11S C4- t.Xz 29 . FNIrnish the n-arnr..s and addresses of at least three busines r+tferencts includingtdny ode bank refer- amce X1.1` NI- t- 12 - 5 'i -! ~ ' /i a_lzz z2zenv, E A( 1"f20. 3Do YOU pQt s u s s re L n d ta] a i s 3d" 14c:ik U*n strd in-sued by the Comm i s s i on rc V h3c h x• M ex pi.r a Dt-c e m l>e r Slat cd th h; s re-Lr ? Give number of 21- 2)ots jpp1 iun t faun d JwM fa Wx k*1JAr liquor to ot.h ear th am tb a c T 2.. is wh t Lh e r a ppJ;c.n t is tees t10 Vomm a ss, op a ra to or permit the pos t esz f on or opera t3 on of onythepre+r in asp Toom " joining the Ncenstd ptetntsrac, a.nY slot Mac.hine, dice m- bUDS drvfc a an d aLppu-a t u s, ar Permit aMy ora to bl In jr th LJ 22. Aiv th a prim itts mow ocstu pi ea. or tr of tsacttp mod by tie &,W c o I wn t1 r 3y aep a rs to am d etc c l u s i v t frorn en r oM er bt: s in es s Sz b bZ t ? 24. 84 t trade Mme ta;% v Citiiti'5 t(i:;: Gr] fi u tae asm a ccf PW-S= thA t WM VPt r* t; sure_.,,, 6. G ]rod erg R et n Uq u or 3oaler'a Tax Stamp Numberj- yc—: DEC-21-93 TUE 11:28 CIATTI'S INC. FAX NO. 612+941+0701 P.05 off &sit N"M" is be appjtod fcLr, do 7 " i"Und t'0 dellvty hQ u ar b vohicJr.? u &oAsrut4xBombeTofymotorv*h" permits J"Ped b U Control CbcmzaLwd for =xrlmt V Xf yvpu art be 13 dUn a zww bcDdln fcq th e pwv<o4* for wh kh th I az0 c-AtS an in bwefn ZZ t, 1'2 OXAe submit vl&nz and rp%clAc &Uanz with 0A appv"t". ' 9. V*ins.n tin Cd t•h C CtSQZ CKf 411 ba fId VrM b as f ant "" A X0. Y'u r-xdz'n a pe r&.o n &I fm&n c W s ta t4=*mt with this xpp7kat3on. It ik pax-t33 txsh1p, fumlAb fAniLncW igtAte- noemt cKf &Ach pax-bMex. 1. Cive dcL&crfptJon of t c apam Uon ff tb is I z am an -^AJ e U4rnse applic-atSon (Le- whether cock - I te b. rw f- a 211-&Zt. wtc, sr*cifyin cApacJt b zutuber of cuttomers and &my other S2. What prcvloux cxpc.7itmmcft Ixavot you had in the operatJon of the t of business d"c_n*b*d. Jb the n:swtrt,o No. Z7 above c- T` 1 rl` -3rd, ' l=.1 - `- - _ 3. ApplicAnt. and hir. associates In this ^Wfcatjon. WW Stricti "Mply with all . at ISLWJI Of the State sad' x1inpe&0i'D rove"Iins tjvt J&x&jjQ W t-he use of 1mA*%JtsL1n liquor; rules "d rvrulat4ons 1 ramulgalva b the L Cyan tftj Comm izz ton cr., "d all ordinAnces of the ran unicipjOity; an I h"tbj- see rtJfy that I have read the 1"* quesboas "t ac answers to &&Jd questJanA jLr* true o1 m awjo kaowlod C IaU I'S I n G. QN - Sub4crfbed an d sworn to before um this Sis"na%ure of A"Uca L) 3 NOTARY PUBLICIAIN 1 ' A XE: ACM)dPANIED WtTH YOUR CHEOC tr"r16 rIRST UCENSE PERIOD* L- Maplewood, #*At-4 55109 DEC -21 - 93 TUE 1125 C I ATT I' S INC. FAX NO. 612+941+0701 P.01 CITE of MAPLEWOOD . l 1 830 E, Coun tT Road $ Maplevoo fi = esot.a .55109 APPIlC,&nON FOR SST AY LIQUOR USE NJ L- 2 ' ' e'•'. doing business at under the business name of CL-11 S [ jn 'G j t hereby make application for $ license to sell liquor between the bourn of 10:00 A.M. and 12:00 midnight on Sundays st the above location. 1 hereby certify that meals are served, and will be served on Sundays, at this location, that there is table seating capacity for 30 or mare persons at one time, and that I presently hold on -sale liquor license, Issued by the City of Maplewood. Signed, Q\Z ignature of Applicant6 Iaffi's, Inc. 6555 West 78th Street EdInEE -1 . MN 55439 - 2702 ...— _....... Address The seating capacity at the above 1s / i 1 - s I Date C License perenseFeeis $200.00 r• rear. (License year Is from January 1, throu December * 31) 1I CEN SE FU PAID RECEIPT No. I. MSE NOV r • 1 `-,: 1; ±; = ;1 F'HIJLET.:SL I 1: T—,2:" ; F, _L,E;; 1 " ' = l _'1_11_1 1_11_1. Old Republic Surety Company (did Republic fnsuranct Comparry CHECK APPLICABLE COMPANY HEA0NAF7EA REFERR TD AS THE SURETY) RIDER TO BE ATTACHED TO AND FORM PART OF Lice NO. RLI 427781 Type of bond) IN FAVOR OF City of Obliged) ON I3EHALF OF Robert David Gillen and Ci.at:ti.' s Inc Principal) EFFECTIVE January 1, 1293 Original eve date) IT IS AGREED THAT in consideration of the original premium charged for this bond, and any additional premium that may be properly chargeable as a result of this rider, 1. The Surety hereby gives its consent to: INCREASE ( X } CHANGE THE NAME OF THE PRINCIPAL DECREASE ( ) CHANGE THE ADDRESS.OF THE PRINCIPAL CHANGE THE EFFECTIVE DATE { } CHANGE THE EXPIRATION DATE OTHER of the attached bond FROM: RobeTt R, vyjd Gillen- a - nd Ci.att i' s 2 Inc. r TO: Janel M. Kettl.er a.ad Ciatti's, Inc:. EFFECTIV January 1 1994 2. PROVIDED, however, that the attached bond shall be subject to all its agreements, limitations, and conditions except as herein expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. a Signed, and sealed this 21st ACCEPTED BY: TITLE) day of Dec 19 93 Old Republic . 5tiFeW ompaay By: AT rOAN 4N- FACT_„ ,.. ORSC 22387 (8190) F i » FT: =;1 i=aTF t t F T- ;6 F E: '' 1 ' ' 14: T I 1' I C A T E O F I N S U R A N C E ISSUE DATE (MM /DD/YY) 12/21/93 C E RACOR0 THI CERTIFICATE IS ISSUED AS A MATTER OF IWFORMAT ONLY _AND CON - PRQDU CER FERS NQ RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES N AMEND EXTEND OR ALTAR THE COVERAGE AFFORDED BY THE POLICIES BELOW. PAULET /SLA TER INC 1614 UNIVERSITY AYE, STE 200 C O M P A*fI I E S AFFORD I N G COVER /1 G E ST PAUL 55114-COMPANY Lt f i LK r KUK i t k$KL . t nSUKAN1.t Lu Coda Sub -Code COMPANY FTTER B COMPANYINSUREDLETTER C JANEL M KETTLER AND CIATTI'S, INC.1. 5555 COMPANY WEST 78TH STREET LETTER D COMPANY EDINA mm 55439 -2702 LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED M MED ABOVE FOR THE POLICY PERI INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH THEE THIS CERTIFICATE MAY BE ISSUED OR KAY PERTAIN, THE INSURANCE AFFOMED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY KAVE BEEN REDUCED BY PAID CLAIMS_ POLICY POLICY CO LTR TYPE.OF INSURANCE POLICY NUMUER EFF DATE EXP DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE j ] COMM GENERAL . LIABILITYABILITY rrjnng. inr,c r+rRcr a Tc t CLAIMS MADE OCCUR PER$ & ADVERTISING IN.!I S Inumu1Si PnWTPrTQ i S QQnT FISH nrn,1RQFNTF s FIRE DAMAGE (ONE FIRE)S C EXPENSE (ONE PERSON)S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 3 .ANY AUTO BODILY I !!.JURY S 1 ALL OLJNI!b AUTOS PER PERS) 3 SZrggy D AUTOS BODILY INJURY S I HIRED AUTOS PER ACC)NON -OWNED AUTOS J GARAGE LIABILITY PROPERTY DA)tAGE EXCESS LIABILITY EACH OCCURRENCE 1 UMBR FORM AGGREGATE S 1 OTHER THAN UMBRELLA FORK I STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT AND EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT DISEASE -EACH EMPLOYEE S A OTHER LIQUOR LIABILITY 0124681 12 /3/93 iz131I9 SEE OFLou LOC; 1900 E COUNTY RD D MAPLEWOOD, MN 55109 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS 5500 BI EA_ PERSON $500 LOSS OF MEANS OF SUPPORT EA PERSON 500,000 BI EA_ COMMON CAUSE $500 LOSS OF MEANS OF SUPPORT EA. COMMON 500,000 ANNUAL AGGREGATE CAUSE REVISES AND REPLACES CERTIFICATE ISSUED OK 10/21 ERTIFICATE HOLDER NCELLA7t0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MAPLEWOOD, THE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1830 EASY COUNTY ROAD B 4Q KAIL 30 DADS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT, 11APLEti10OU MN 55349-pocri N ' AUTOO IZ.ED SENTATIVE R 7!'90)ACO O 2S - S c A£ORD CORPORATION 1990 I Sfi#T op MINNESOTA: COtiIM OF RAMSEY s CitW of Maplewood P. ©2 Minnesota, do . hereby owearofMplewood, YfihatIhavenointerestinsn other liquor ent a bl ishment in the St &tee of Mi=esota . o. 3GAthindayot , owww ,o..,.. r- Subscribed and sworn bef ogre me ... n the County of R&Msey, State of M.innax ota . F66 sejldx3 uoisstiWWOO I H V.L0 NN fld •. - IlvoB ^ of pub3.i c My commission Expires s • - - -- i i Inc. 5555 West- Street Edina, MN S W= ICI C ' : Z 11ili To: From: Date: Subject: City Manager Mike McGuire Action by Gounci3.: End Modify. ec7 ,..„ - Re J ected- Da e Director of Emergency Management Larry J. Cude January 28, 1994 1994 Contract for Hazardous Materials Response with the City of St. Paul As you know, our Contract for Hazardous Materials Response with the City of St. Paul Fire Department expired on December 31, 1993. We recently received the attached first quarter invoice from the City of St. Paul fora 1994 Contract for Hazardous Materials Response. The total contract amount is $10,119:12_ and covers the period from January 1, 1994 to December 31, 1994. This amount has been broken down into quarterly payments of $2,529.78 I feel it is imperative that this Contract is renewed for 1994 to assure continued protection for the City of Maplewood. As with the previous Contract, payment to St. Paul would be made out of the Hazardous Materials Fund donated by 3M Company. It is recommended that the Maplewood City Council approve payment for the 1994 Contract for Hazardous Materials Response with the City of St. Paul. LJC:ajo attachment T N V 0 1 C E #032503 CITY OF ST. PAUL DEPARTMENT OF FIRE DIVISION OF ADMINIs DATE ISSUED: 01/25/94 S S CITY OF MAPLEWOOD U TO ATTN: LARRY CUDE E 1902 EAST COUNTY ROAD B D MAPLEWOOD MN 55109 AMOUNT DUE 144,529.78 DESCRIPTION: FIRE PROTECTION FOR rrHE YEAR OF 1.994 AS SET FORTH IN CONTRACT AND COUNCIL FILE #93-731 CONTRACT FOR HAZARDOUS MATERIALS RESPONSE FROM JAN I THRU DEC 31, 1994. THIS BILLING IS FOR THE 1ST QUARTER OF 19940 CITY USE ONLY ACCOUNT NUMBER REFER# AMOUNT 5 10*3511.0*4301 2,529.78 I ---------------- --------------------------------------- MAKE ALL CHECKS PAYABLE TO AMOUNT DUE $2,529.78 THE CITY OF SAINT PAUL. RETURN ONE COPY OF THIS INVOICE WITH YOUR CHECK TO" DEPARTMENT OF FINANCE/TREASURY DIVISION, ATTN: CORA ASUNCION 160 CITY HALL, ST PAUL MN 55102 QUESTIONS REGARDING THIS INVOICEICALL JOHN SWANSON 228-6256 850 South Ferndale Street Maplewood, Minnesota 55.119 January 2, 1994 Pat Williamson, Chair Maplewood Human Relations Commission City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Pat, Action by Caundil.1 Endorse Modif i ed.a,.o.. Rejecte Date This letter is to formally notify you that I do not wish to be considered for another term on the Maplewood Human Relations Commission . There are some new directions for community service that I want to explore in 1994 which would conflict with my commission responsibilities. I have enjoyed my term on the commission ano the acquaintances made with each of the conimissioner.. At some point in the future .I may be interested in again serving on the Maplewood Human Relations Commission. I will make my interest known at that time. Thanks for your support and encouragement. Sincerely, James T. Garrett CERTIFICATE OFAPPRECUTION WHEREAS, Jim Garrett became a member of the Human Relations Commission of Maplewood, Minnesota, in January of 1991 and has served faithfully in that capacity; and WHEREAS, he has given his time and energy without compensation for the betterment of the City of Maplewood; and WHEREAS, he has shown dedication to his duties and has contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Jim Garrett hereb future. tnded our gratitude and appreciation for his service, and we wish him contin ued success Gary Bastian, Mayor Michael McGuire, City Manager MEMORANDUM TO: FROM: SUBJECT: LOCATION: OWNER/APPLICANT: DATE: City Manager Ken Roberts, Associate Planner Street Vacation Price Avenue (east of Rice Street) BFW Company January 7, 1994 inrrRonucnoN Action by Council :] Endorsed. Mod.if i e ; 1je3ecte Date The BFW Company is requesting that the City vacate Price Avenue between Rice Street and the Soo Line railroad right -of -way. (See the maps on pages 3 -5 and the letter on p . ) e In 1985 and 1989 , City pptheCiapproved two resolutions that vacated two parts of Price Avenue. These vacations were to allow the construction of the Crown Plaza shopping center. The BFW Company would like a resolution that vacates the entire street. They own the Crown Plaza shopping center. This center is around and across this street right -of -way. DISCUSSION The City has no plans to build this part of Price Avenue. RECOMMENDATION Adopt the resolution on page 7. This resolution vacates Price Avenue between Rice Street and the Soo Line railroad right -of -way. This vacation is subject to retaining a utility easement over the east twenty feet. The City should vacate this street because: a. It is in the public interest.. b. The City has no plans to build a street in this location. C. The adjacent properties have street access. d. The City vacated parts of this street in 1985 and 1989. REFERENCE Surrounding Land Uses North: The Western State Bank and Saint Paul Water Utility property East: Soo Line railroad right -of -way South: Commercial property across Larpenteur Avenue in Saint Paul West: Commercial property across Rice Street in Roseville go /b- 6:memo85b.mem (18) Attachments: 1. Location Map 2. Property Line Map 3. Site Map 4. Statement from BFW Company 5. Street Vacation Resolution Attachment 1 W W C Q A B C 240ON --- LITTLE 1% D .a t1 w AM LAAA IE RD. ta 1 • ,• •, •• •• • • % • ••• L': RD. S . lb 0 Vf RlO'E' AV E. L • Y«•!w • The t; AVE.S /t AVE. ' f . ' MT. VERNONN IL C DOWNS AVE ° y MT. VERNON AV OW ui Mai 0 Pu# 100 •OMWOW AVE, 80116 wow o AM 0 00 0 SUIIER AW. ER0t; 1. • , AVE. 63 RIPLEY o z moo AVE.RUNUE r AVE. RE-1-210po , KINGSTON w y IE KIN GSTON < Off` s o AVE f'RK:E IAMPEm NcrEVR AVE. °' 0 0 i • •• • •• ••••• • _ • • M• y •• ••• • • • •• • • •• U LOCATION MAP U N 3 Attachme n t 2 UZ W mom w 0 0 at zi 13 IL UPI 0 4B 0 CLCo 24 woo ol 7 Cz3 Q. ST vvPAULW 0 K K %S I 23 0 335 AN- -W -M .. .0 40 Bow Boarci of wo-1 t C3 1 j; urww dir 0Fffl LQ- fe 41f L Ar r fj (Z4 AA 4ko 0 19a, fit VAC. Doc "72164*51 u 7 r _ lolf / 30- 0. A 3 41 1 bAI. own ice' ;7 L s 3 0 40) 94L 1-4 2&(3S)WOW ir t4 b l i It t4 s 1 38)tap 37 P IC E AV ENUE • VAO AT ac °2 3 y 4ff6.w 07 4-d to Of 36) j CROWN PLAZA 10( 7 ` S t 312. 1 7 L L 03 S 1 1$ t to Z t 1.Z 23 4 - t 11. I Z• 13 }1 0 31 T y is ttom. h FxE#4.T R IL r-qw v Amp PAM: to C4 o FcRRIIIb Vi IA PROPERTY LINE ZONING MAP 4 4 Attachment 3 A o s N3 lbM P A.,..i. 1J'7JVl17 1• is .. ylv IV ... • C - Itsf 41 izz l y 1. C ' 'rifI isti i so `\ 214 sI y/ 1• /•Jr y .SirG ! ' Lo,r ` y A . r 1 r X11 IF ffl Nz I y ti ( ' r• S:;i: ;. •: •::::•::•:•::::•::•:: ;. • E AVEN VACAT IO AS E sates - {'+ CROWN PLAZA co Ovo J i ' *.'— .:winiP'.s i .Iy a+ra•bLw Z /`• A N , X3.2` i • lb LJ I T 11 4 o'o -' LARP'ENTEUR AVENUE - NOUN SITE MAP 4 N Attachment 4 49122892/10(slc) 18677.002/01.STA BFW COMPANY'S WRI N STATEMENT IN SUPPORT OF ITS. VACATION PETITION On two separate .occasions, the City vacated a portion of Price Avenue between Block 7 and Block 8, St. Rubin and Dion's Rice Street Addition in Maplewood ( "Block 7 8 That property is now the location of the Crown Plaza Shopping Center ( "Crown Plaza "). BFW Company recently purchased Crown. Plaza. It is BFWs understanding that by the two previous vacations the City intended to vacate all of Price Avenue between Block 7 & 8. Apparently all of Price Avenue between Block 7 & 8 was not vacated. (See attached letter from Ken Roberts). The purpose of this Vacation Petition is to vacate all of Price Avenue between Block 7 & 8, thereby effectively altering the Legal descriptions of the previous vacations. 6 VACATION RESOLUTION WHEREAS the BFW Company applied for the vacation of the following described street: That p art of Price Avenue (formerly known as St. Aubin Place) adjacent to Lots 16 through 25, Block 7, and Lots 1 through 10, Block 8, St. Aubin and Dion7s Rice Street Addition that is east of the east line of Rice Street and is west of the west line of Park Street. WHEREAS, the history of this vacation is as follows: 1. The one property owner abutting this street asked for this vacation; 2. On January 18, 1994, the Planning Commission recommended that the City Council approve this vacation. 3. On February 1994, the City Council held a public hearing. The City staffrY _ . published a notice in the Maplewood Review and sent a notice to the abutting property owner. The Council gave everyone at the hearing a chance to speak and present written statements. The Council considered reports and recommendations from the City staff and Planning Commission. WHEREAS after the City approvesroves this vacation, public interest in the property, will go to the following abutting properties: Lots 16 -25, Block 7 and Lots 1 -10, Block 8, Saint Aubin and Dion's Rice Street Addition in Maplewood NOW THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation for the following reasons: 1. It is in the public interest. 2. The City has no plans to build a street in this location. 3. The adjacent properties have adequate street access. 4. The City vacated parts of this street in 1985 and 1989. This vacation is subject to the retention of a utility easement over the 20 feet of the vacated Price Avenue that is west of the west line of vacated Park Street. Adopted by the Maplewood City Council on February _, 1994. 6 18CSIit' iwkirtv,.wRY < - , . .: to : . ...::..:: . .... . . ., - ...... -:,. •.. . Planning Commission -3- Minutes of 1 -18 -94 2. The prop sed construction must be substantially started within one year after the until approves this permit or it shall become null and void. The City Coun may grant up to one one -year extension of the permit. 3. The City 4. Removal of tv site only on a shall review this vehicles (jalopies) brt-term basis for, B. Adoption of the resolu overhead canopy at 9 following findings: 1. Meeting the code there is not enoul line fora 15 -fo 2. The applic is maxin islands as ar from the the canopy's setback by moving the pump as possible. 3. The c opy location would m t the spirit and intent of tk9 ordinance. The cano would not affect traffic n Century Avenue and would be 27 feet fro the nearest traffic lane. Commis oner Rossbach seconded. Ayes - -all The mQ *. on passed. C. Price Avenue Street Vacation (Section 18) Ken Roberts, Associate Planner, presented the staff report. Commissioner Martin moved the Planning Commission recommend adoption of the resolution which vacates Price Avenue between Rice Street an4 the Soo Line railroad right -of -way. This vacation is subject to retaining a utility easement over the east twenty feet. The City should vacate this street because: a. It is in the public interest. b. The City has no plans to build a street in this location. c. The adjacent properties have street access. d. The City vacated parts of this street in 1985 and 1989. L Will turys one year, the site. Vehicles_ shall be. kept on- 5* eves afive -foot setback variance for an North. This variance is based on the cause undue hardship. The hardship is because i between the building and the street right -of -way setback. Commissioner Anitzberger seconded Ayes - -all The motion passed. PUBLIC HEARING NOTICE hearing. hearing is about a Maplewood City Council invites you to a public g ,The Map tY and the Soo Line railroadattheCityvacatePriceAvenuebetweenRiceStreet •request that ty hold this hearing onapplicantisBFWCompany. The Council will ho g right -of- -way. The app p 'Chambers m. or later in the City Hall Council Monday, February 14, 1994 at 7:00 p 1834 East County Road B) . Call Geoff Olson at 770-4562 for more information. nest this service at least 96 hours Si language interpreters are available. You must request In advance. Call 774 -4524 to make arrangement s PUBLISH: February 2, 1994 G. P, TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Ken Roberts, Associate Planner Easement vacations Ripley Avenue and Sterling Street Maplewood Estates Second Addition January 10, 1993 Action by Counc11 : Endorse Modifie Rejecte Date INTRODUCTION North Suburban Development, Inc. is requesting that the City Council vacate three water -line easements for the Maplewood Estates Second Addition. The City received these easements in 1973. They were for water lines to serve a previous development that was only partially built (the town houses and apartments). North Suburban Development plans to build new water lines and provide new easements for their development. BACKGROUND On March 8, 1993, the City Council changed the land use plan and zoning map for this property and ordered a feasibility study for Sterling Street. On March 22, 1993, the Council vacated parts of Ripley Avenue and approved the Maplewood Estates Second Addition preliminary plat and a code variation for 28 -foot- wide streets. This preliminary plat is for 45 single - dwelling lots. DISCUSSION State law allows the City to vacate a public street or easement if the vacation is in the public interest. Vacating these easements would be in the public interest. North Suburban Development will build new water lines to conform to the approved plat design. They need the City to vacate the existing easements before they can record the final plat. The City should not vacate these easements until the developer is ready to file the final plat. The City needs to maintain these lines until the developer replaces them. RECOMMENDATION Approve the resolution on page 7. This resolution vacates the existing water main easements on the Maplewood Estates Second Addition site. The City should vacate these easements because the vacation would be in the public interest. It is in the public interest because: 1. These easements are not needed. The developer will build new water lines and dedicate new easements with the final plat. 2. These easements would conflict with the new plat design. The City shall not release this resolution until the City approves the final plat. The developer shall record this resolution with the final plat. go:b- 6:memo7lfinem (13 -29) Attachments: 1. Location Map 2. Property Line /Zoning Map 39 Preliminary Plat 4. Easement Vacation Map 5. Easement Vacation Resolution Fq NORTH SA PAUL 29 68 11ANOLLOWAY k h p AV me irm6m r L JV LARPENTEUR T2914 R22W. 1412 IDAI M 24 7 1) CURRHE ST AEB RASKA AV (2) MYRT CT 2) Attachment 1. AV 120 5 AV W o p,, N lie I NICHA EL DR LISS 2 RrOCCCA DR 3 NNE TREE DR rMV 2 N. ID It BE LANA cr W. one* 5 PINE rREE DROAKHILL6BIRCHTREEDR AN G#'-VE NW ANG 7 ROLUNe hILLS DRMil 2 AWERJACK - LA o pow it ANCKEY / 1611 q A IVY 3 SEAVERVALE RD doom — ._ r Avj4oo&cA r LA LXWIMT LA5CODGERLA I 31 i' W HAWTWANE AVAV ST ro Bar U""L AV V v 40 5 QIfM W ar ' bi J LOCATION MAP SITE Attachment Z lww HOLLOWAY AVENUE Afs- IN , „, _ • it , (,•) 41D , G ! ( IPI; . :1a,t $Alb. 11) 14 13 12 ,0* hl 1 6 7 4 • t 4 ','.. f• 11 ' CNORTH3 00 ta) 1111 fi. , o ST. PA 4 g3) 3 f HILLSIDE W :j 4 t IIIIAP , s .G1.1,• , s a LEWOOD 3 5PARK v MEADOW 4 n W) mac... J .7 .Iris. i 1 MIDDLE SCHOOL 480 ,a °1 s 1? (90, s (~ _ ° 2 l3 e.1i I.. t X • 1828 - 83 - -._ 1825 c -•. • P e 3 tR a 18:28 1821. , c•) t 1818 C.i 1$15 RIP187 '• .” "Elf1814 KN LL1818071887 -. _ le.89 2448Mai, ,. '" 1806 8 , 1 IP L E Y AV EN E 248 Ua * :; 1 i i I:N N V..iY•.. .•t•. T t t• 1 is 1 - ixS• .,.:;. i 4% • : .R -. 1 ........................ 1: 40 R33 ...... ....... ' w .} .....L j . - i M w lye c 1 to to X. ; : •:M•:•: :. fe s r tlasn h t1 %q r tt i , PUD HILLSIDE - Z CENTER .,, MAPLEW F ; ••..___.. v ;, OOD APARTMENTS ; t is too • P _ _ _ _ _- --ti41Na PROPERTY LINE /ZONING MAP SITE w HILL — MURRAY W 1 1 HIGHG SCHOOCOLe t z J W I- R 3 6A PENTEWR 1 S' 4 Attachment 3 u C 6@Ao$Lan Ex •Q C u m n 9 E ty §oa g Z o O 2 STERUNG — ` -- _. _ _ STREET — — 641.57 1 M ,Ov,ZL00 S 1 Z Lo 3 > X ,r6 Lw L M f PRELIMINARY PLAT h v s a L v 8 t C H 3 it 3AE10 N Fi 0001 awl Ion or Jlk tC R f 1,L slid MCL O J 3'ltilAl'1 Ml'RTLI Waco s r Sa N $? J Q N e rst 10 t g worarar t ' mom z as 10.09 • V - iA x I 1 3nl.:, ,1 3 tf Ste« S M ,Ov,ZL00 S 1 Z Lo 3 > X ,r6 Lw L M f PRELIMINARY PLAT 1 v a %o • K ! i..o or - ft.3 e h .e oohs 3aS #4C « ' JIM S FE oo s 133&S 5 h v s a v 8 1 v a %o • K ! i..o or - ft.3 e h .e oohs 3aS #4C « ' JIM S FE oo s 133&S 5 OCATION MAP MAPLE WOODS ESTATES CA IS KRESSIN PARK of- soul th A)W WWII LOW OF 7149 sovu I o 09C 15. T290. 482w Aww WNW- Iwo AW&A dam so Oka PUT or Tot sm 14C Is* T sea, JIM to 10 ee or n JIL 15 'm dT EASEMENT VACATION RESOLUTION WHEREAS, North Suburban Development, Inc. applied for the vacation of the following described easements: All the easements described in Document Numbers 1865692 and 1857583 that are over and across Lot 1, Block 1, Maple Woods Estates, Ramsey County, Minnesota WHEREAS, the history of these vacations is as follows: 1. A majority of the property owners abutting these easements signed a petition for this vacation; 2. On January 18, 1994, the Planning Commission recommended that the City Council approve these vacations. 3. On February _, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves these vacations, public interest in the property will go to the following abutting property: Lot 1, Block 1, Maple Woods Estates NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacations because it is in the public interest. It is in the public interest because: 1. These easements are not needed. The developer will build new water lines and dedicate new easements with the final plat. 2. These easements would conflict with the new plat design. Adopted on , 19940 7 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 4830 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA JANUARY 18, 1994 I. CALL TO ORDER Chairperson Axdahl c ed the meeting to order at 7:04 p.m. ROLL GALL Commissioner Roger Anitz erger Present Commissioner Lester Axd Commissioner Lorraine. Fisch r Commissioner Jack Frost Commissioner Gary Gerke Commissioner Kevin Kittridge Commmussioner Mary Martin Commissioner Gary Pearson Commissioner William Rossbach Commissioner Marvin Sigmundik III. APPROVAL OF MINUTES Present Present Absent Pres Abs t sent at 7:25 p.m. resent Present Present Commissioner Fischer moyfid approval 6f the minutes of January 3, 1994 as submitted. Commissioner Rossbac seconded Ay -- Anitzberger, Axdahl, Fischer, Gerke, Pearson, Ross ach The motion IV. APPROVAL OF AGENDA Abstentions-- Sigmundik Commissip(ner Fischer moved approval of the agenda as submitted. Co ' sioner Sigmundik seconded Ayes--all. The otion passed. V. NEW BUSINESS A. Easement Vacations: Maplewood Estates Second Addition (Section 13 -29) Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. Ken Gust, an engineer representing North Suburban Development Inc., spoke concerning the construction of the water lines. Chairperson Axdahl asked for comments from the public. There were no comments. Pl ft 1 9 Commission Minutes of 1-18 -94 2- Commissioner Rossbach moved the Planning Commission recommend approval of the resolution which vacates the existing water main easements on the Maplewood Estates Second Addition site. The City should vacate these easements because the vacation would be in the public interest. It is in the public interest because: 1. These easements are .not needed. The developer will build new water lines and dedicate new easements with the final plat. 2. These easements would conflict with the new plat design. The City shall not release this resolution until the City approves the final plat. The developer shall record this resolution with the final plat. Commissioner Fischer seconded Ayes - -all The motion passed. B. Century Avenue Service (9 North Century Avenue) (Section-28.) Ken Roberts, Associate Planner, presented the staff r brt and answered questions from the Commission. In response to a question fx a Commissioner, John Fleming, . a part-owne I of the service station, said an empl ee owns the two cars sitting in the rear of the pr erry. Mr. Fleming said if this is problem, he will direct the employee to move the c . Mr. Fleming said he will re arch who owns the property abutting his fence line further obtain an appro to use this property as an access road for the car ash. Commissioner Ross ch asked staff for. egal clarification on the finding required for a variance which refers to "undue har 'p ". Ken Roberts said he would ask the City Attorney for an opinio on the d 'don. Commissioner Martin anlyed atyfhe meeting at this time. Chairperson Axdahl asked f comments from the public.. There were no comments. Commissioner Pearson m ed e Planning Commission recommend: A. Adoption of the re lution w 'ch approves a conditional use permit to change the motor fuel st 'on at 9 Cen Avenue North. The City bases this permit on the findings re ' ed by ordinan The permit is subject to the following conditions: 1. All construction shall follow the`site plan approved by the City. The Director of Community Development may approve minor changes. PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about a request that the City vacate three water -line easements for the Maplewood Estates Second Addition. The applicant is North Suburban Development Inc. The location is Ripley Avenue and Sterling Street. The Council will hold this hearing on Monday, February 14, 1994 at 7:15 p.m. or later in the City Hall Council Chambers (1830 East County Road B). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service at least 96 hours in advance. Call 770 -4524 to make arrangements. PUBLISH: February 2, 1994 3 Action by Council MEMORANDUM End arse Modified..., Rejected....TO: City Manager date FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit, Canopy Setback variance and Design Review LOCATION: 9 North Century Avenue PROJECT: Century Avenue Service DATE: January 6 1994 INTRODUCTION Project Description John C. Fleming proposes to remodel the Century Avenue Service Station. This station is at 9 North Century Avenue. (See the location maps on pages 8 and 10.) Specifically, he plans to: 1. Install a 40- by 44 -foot gas - island canopy on the building's east side. The proposed canopy would have a reddish -brown metal fascia. 2. Replace three underground gasoline tanks with three new tanks. 3. Replace the two existing pump islands with four smaller pump islands. The existing islands have a total of five dispensers (10 fuel hoses). The new islands would have four dispensers (8 hoses). 4. Pour concrete aprons in front of and behind the car wash. See the site plan on page 11 and the elevations on page 12.) Requests To build this project, Mr. Fleming is requesting that the City approve a five -foot setback variance for a canopy, a conditional use permit (CUP) and exterior building and site plans. Reason for the CUP The City Code prohibits motor fuel stations within 350 feet of a residential lot line. The entire site is within 350 feet of a residential lot line. Therefore, the fuel station is a no use. The Code requires a CUP to enlarge, reconstruct or structurally alter a nonconforming use. (See Mr. Fleming's letter on page 14.) Reason for the Variance The Code requires a fifteen -foot setback between the canopy nd the street right-of-pY g way. The canopy would be ten feet from the Century Avenue right -of -way. Consequently, Mr. Fleming is asking for a five -foot variance. (See Mr. Fleming's letter on page 13.) DISCUSSION Conditional Use Permit To structurally alter a nonconforming use, the City Code requires that the Council find that the change would not significantly effect the development of the parcel as zoned. The City Council should approve the CUP. The intent of the City code is to prevent motor fuel stations near residential neighborhoods. The proposed changes would not add any noise or traffic that would affect the surrounding homes. Reducing the number of dispensers may reduce the traffic. None of the residential neighbors objected to the proposed improvements, Canopy Setback Variance The City Council should approve this variance. The applicant is maximizing the canopy's setback by installing the new pump islands as close to the building as possible. The proposed ten -foot setback would not affect the street and would still be 27 feet from the closest driving lane. The owner of the Super America Station complained that the canopy would block his trademark sign when going southbound on Century Avenue. When I drove by, it appeared that the traffic signal and power pole on the corner would obstruct the view more than the proposed canopy. Car Wash Water Runoff The neighboring property owner at 2 721 Upper Afton Road stated that the water from the car wash runs onto his property and becomes ice during the winter. This neighbor requests that Mr. Fleming design the new concrete apron at the car wash entrance so that water will not run out of the car wash and onto his lot. Before the City issues a building permit, Mr. Fleming should submit a solution for the water problem to the City Engineer. 2 RECOMMENDATION A. Adopt the resolution on page 15. This resolution approves a conditional use permit to change the motor fuel station at 9 Century Avenue North. The City bases this permit on the findings required by ordinance. The permit is subject to the following conditions: 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 after the Council approves this permit or it shall become null and void. The City Council may grant up to one one -year extension of the permit. 3. The City Council shall review this permit in one year. B. Adopt the resolution on page 17. This resolution approves a five -foot setback variance for an overhead canopy at 9 Century Avenue North. This variance is based on the following findings: 1. Meeting the Code would cause undue hardship. The hardship is because there is not enough room between the building and the street right -of -way line for a 15 -foot canopy setback. 2. The applicant is maximizing the canopy's setback by moving the pump islands as far from the street as possible. 3. The canopy location would meet the spirit and intent of the ordinance. The canopy would not affect traffic on Century Avenue and would be 27 feet from the nearest traffic lane. C. Approve the plans that the City stamped October 25, 1993, subject to the revisions below. These plans are for the fuel station canopy and new pump islands at 9 Century Avenue North. All work shall follow the approved plans. The Director of Community Development may approve minor changes. The City approves the plans, subject to the following conditions: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Before the City issues a building permit, the staff must approve revised plans that show: 3 a. Six striped parking spaces plus one space for each company vehicle, if anyY code requirement) . One parking space must be a handicap parking space that meets the Americans With Disabilities Act. There must be a handicap- parking sign. b. The design and location of a trash enclosure, and a gate on the outside tire- storage area. Both enclosures must be 100% ao ue and have gatesopaqueg that are also 100% opaque. Both enclosures must match the building's color. (code requirement) c. A solution to the water problem from the car wash. 3. Repair and repaint the wooden screening fence on the building's west side. 4 CITIZENS' COMMENTS I surveyed owners of the 43 properties within 350 feet of Mr. Fleming's site. Of the 21 replies, three had no comment and fifteen were in favor, one objected and two had a miscellaneous comment. In Favor Comments 1. I am in favor. It will be a good improvement to that corner and to the customers. A five -foot setback should be no problem. (Thorson, 34 Mayhill Road) 2. I am in favor of this proposal with no exceptions taken. (Oleson, 2709 Upper Afton Road) 3. Real nice personnel at station. Like going there. Sometimes I go across the street when its raining. (Anderson, 6064 Upper Afton Road, Woodbury) 4. I think it would look much nicer than it does now and improve the corner. Owner /Occupant, 21 Century Avenue South) 5. I think it will improve the appearance of the station. (Rabold, 6049 Garbe Avenue Woodbury) 6. I am in favor, but I request that Mr. Fleming be required to keep the water from his car wash from flowing onto our driveway at 2 721 Upper Afton Road. His water becomes ice during the winter months. His new concrete apron must be redesigned so as to hold the car wash water from running out of his building. Thank you, Jim Kroiss. (R & J Investments, 2715 Upper Afton Road) 7. I am in favor of improvements to this station. (Bailey, 6065 Garbe Avenue, Woodbury) Objection The canopy will be blocking my trademark sign when going southbound. (Super America Station, 11 Century Avenue South) Miscellaneous Comment Would the canopy obstruct the view of Super America travelling from north to south on Century Avenue? I am sending a copy of this letter to Super America Group, a division of Ashland Oil Inc. (Morgan: Sun City, Arizona) 5 REFERENCE INFORMATION SITE DESCRIPTION Site size: 15,682 square feet Existing land use: Phillips 66 SURROUNDING LAND USES North: Upper Afton Road and Super America South: Old Tom Thumb store West: Josephson's Chiropractic Office and Sunset Realty East: Century Avenue North and a house in Woodbury PAST ACTION —Other Properties The City Council has approved CUPS to eland the following motor fuel stations that are within 350 feet of a residential district: April 11, 1988: HCO Fuel Station at 2228 Maplewood Drive. The owner added a fuel island canopy. July 22, 1991: Fleming's Auto Service at 2271 white Bear Avenue. Joe Fleming redeveloped his property by removing his old building and building a new service station with a convenience store. September 8, 1992: Holiday Express Station at 743 North Century Avenue. This CUP was for an additional pump island, a larger overhead canopy and remodeling of the building. PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC (business commercial) Ordinance requirements: Section 36- 151(b) (9) (c) does not allow motor fuel stations within 350 feet of a residential lot line. Section 36 -17(e) allows the reconstruction, enlargement or structural alteration of a nonconforming use if it would not affect the development of the parcel as it is zoned. Re Section 36 -151 (b) (9) (a) requires an overhead fuel island canopy to be at least 15 feet from a street right -of -way. Criteria for CUP Approval: Section 36- 442(a) states that the City Council may grant a CUP subject to the nine standards for approval listed in the resolution on pages 15 and 16. Criteria for Variance Approval: State law requires that the City Council make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship ", as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. go \b- 6:petro.mem (1 -28) Attachments: 1. Location Map 2. Land Use Plan Map 3. Property Line /Zoning Map 4. Site Plan 5. Building Elevations 6. Letter from Mr. Fleming dated August 18, 1993 7. Letter from Mr. Fleming dated October 20, 1993 8. Conditional Use Permit Resolution 9. Variance Resolution 10. Plans date stamped October 25, 1993 7 Attachment 1 LOCATION MAP 0 1 a AN ON TALECOMNAYAVE RO•t • 2W 2M ve ZQ7 e 012Mel 201 2w 222 VONQ v g 0 cc • prat u. cR f , IMa M Bilk UPPER AFMN RD. y Y ItEGio LOWER LA RAMSEY COUNTY CORRMTONAL to 1A LOND(N FACIUTr o w 0 ''0 POND w t!4 Z i MARY o' aY ,. Mvuwo xc RD co o ., • 25 j E O 0O rar{t 1 W0061 oRej CRESTVI EMI FOREST l CC CT O aWR=E D 1,FflLLM000, z' 0 2. DR.a p v j. • o SP A j:•$4 LOCATION MAP 0 ttac hme n t 2 BATTLE CREEK NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUTAbEII 10 4 N 9 s G+.•s S s. AA, ERE nil os R MW • .r rrr r i ®w rs sr •; r= o y r MM %AM Imammajorcollector s • r maj t_ MINN 1111 r BATTLE CREEK NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUTAbEII 10 4 N 9 w climent 3 135 _ 1t; 1 to Z7 3 r• r / -- • 100 . 146 6 3 28 WfIll- > 4% Co >. -tee ,w t . > C cle Lx ze Now C y 1 't Cat) 1 1 CENTURY RIDGE W3 N . 43 APARTMENTS ov ass) cL + ol 0d• t34-.66 43 10 • 1 4. p °'" CAR QUEST e) ' z Q 9 ' 11 134.S7 t 4F 1 406 34 19 10 70)_ t 1z " - 1 4 7 1 / 3 28 TOM THUMB 18 11 r- z O e` Ln i 4L 1 w 1 6 a ..c1a ! 17 Iz s 14 m 22 _.._' ; OLD TOM THUMB STORE r` X72) v 1 . 2 1• rc a9. IC 1 i N a 15 1 o ° 17 16 c o SERVICE STATION' 3030 135 13530135t3 , 27a9 Sig—, UPPER AFTON RED. -- DENTIST r • __ AMERICA v 75 1 CARVER ELEMENTARY SCHOOL, Y " 85 ac• ?s 53 ... SCHOOL. a ST. N 2 GUERTEN DRUG L ulthcrmrx CV,urch of- t 57.) P a 0-c e 6 ziJV f 7 S i \ i• Q 4-) ; 1 7 PROPERTY LINE /ZONING MAP 10 Q N M7 Attachment 4 i r i 1 1 I I 1 I i aM 400 40=0008 f NEW CONCRETE NEW CONCRETE APRON APRON i f EXISTING BUNLDI R#s , PROPOSED PUMP ISLAND CANOPY L. _ .j L......1 L. _ J THREE PROPOSED UNDER GROUND FUIEL TANKS I w UPPER AFTON ' SITE PLAN 11 Attachment 5 NEW CANOPY 40' -0• EXISTING BUILDING o in E---- CANOPY COLUMNS 101 -01 ISLANDS FLEL DISPENSERS - WEST ELEVATION NEW CANOPY 45'-O' Ex15TINCp WILDING y PROPERTY LINE 18'-O' 24' -0' T.O. 101-0 - ISLAND *LAW 3 IELE ATION NEW CANOPY EXISTING BUILDING 0CI 25= I NO?TH ELEVATION ELEVATIONS 12 Attachment 6 1549 Livingston Avenue Suite -107 West St. Paul, Minnesota 35118 612) 450-7300 Au 18, 1993 We would like to riw our service station at 9 Century Avenue. I 1.-1 1 U d e d i n t 1h i s p r o e c t w o u 1 d b e new u n d r r o u n J jasol ne pump islands, canop and improvements in Our sales office. Presentl Our three service bays are located in such a wa that It Would be impossible for us to have one lon island. E-33 y a n g one long i s 1 a nd 11 ke S. upe r America has acc ross Upper oaf ton R1 we would not be able -o access the ba y for re- pair and wash. th;:>refore, t- nei.--_,d to loce-"Ite the two pump island i .. n Pai-----a1D--_-1 Ce*ntur Avenue. This would be simil.ar to where the presentl are. Iefl-ien we attempted to do this on our site it-riprovement plan, we fa discovered that even if we used absolute minimum dl`.starice bette4een buildiin and the two islands, we would still need a five foot variance for the canop It would put it at ten feet in-S>tead of f-1-fteen -feet. For the above reiRsons we hereb re that we be, a variance so that the pro can proceed. Please note on out- inclosed site plan that there is a twl, -.,mt seven foot distance between th present street curb and the outer end of the propla-)see.:1 canopv. 2 c I I em• ng JCF,/ le n c. 10 S U re t 0CT 2 5 1993 hl City of Maplewood 1830 E. Count Road 1,13 Maplewood, Mn 55109 Je>-ff Olson Dear Jeff: 13 Attachment 7 v 1549 Livingston Avenue Suit* 107 West St. Paul, Minnesota 55118 0612) 450-7300 October 20, 1993 Mr. Tom Ekstran<J City of Maplewood 1830 E. Cty Rd.. B Maplewood, Mn 55109 Dear Mr. Ekstrand: We are plannin to install a conop and new underground ga:ssoli'rie tanks at our location on Centur Avenue. The *Installation of the canop would conform to the cities comprehensive plan & code ordinances and would not materiall chan the character of -the surroundin area. 1.: The use of *it would not 'Involve an activit process,, materials, equip. or methods of operation that would be dangerous, hazardous, detrimental, disturbin or cause a nuisance to an person or propert because of excessive noise, glare, moke, dust, odor, fumes, water or air pollution.,, draina water run-off, vibration, general unsightliness, electrical interference or other nuisances. 2. The use of it would ge I nerate only minimal vehicular traffi(:-, on local streets and would not create traffic congestion or unsafe access on existing or- proposed streets. 3. The use of it wou.ld be-- s -e-rve-d ----b- a-dequate p-ublic f acIlItl'-es and services, includin streets, police and fire protection., draina structures, water and sewer s schools and parks. 4. The use of it would riot create excessive additional costs for public facilities or services. 5. The use of it would maximize the preservation of and incorp- orate the site's natural and scenic features into the development design. 6. The use of 'it would cause minimal adverse environmental effects. There are no iations from Cit code on our planned deve 1 Of ment. fog TJ _R n k, Y J1 OCT 2 50,ei 14 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, John C. Fleming applied for a conditional use permit to enlarge his fuel station, a nonconforming use. WHEREAS, this permit applies to 9 Century Avenue North. The legal description is: Subject to Roads, the South 158 feet of the East 158 feet of Lot 15 Wright's Garden Lots WHEREAS, the history of this conditional use permit is as follows: 1. On January 3, 1994, the Planning Commission recommended that the City Council this permit. 2. On February _, 1994, the City Council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The Council g ave 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, lare 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. 15 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 approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year after the Council approves this permit or it shall become null and void. The City Council may grant up to one one -year extension of the permit. 3. The City Council shall review this permit in one year. The Maplewood City Council adopted this resolution on , 19940 16 VARIANCE RESOLUTION WHEREAS, John C. Fleming applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 9 Century Avenue North. The legal description is: Subject to Roads, the South 158 feet of the East 158 feet of Lot 15 Wright's Garden Lots WHEREAS, Section 36 -151 (b) (9) (a) of the Maplewood Code of Ordinances requires that overhead fuel island canopies have a 15 -foot setback from a street right -of -way. WHEREAS, the applicant is proposing a 10-foot setback. WHEREAS, this requires a variance of five feet. WHEREAS, the history of this variance is as follows: 1. On January 3, 1994, the Planning Commission recommended that the City Council this variance. 2. On , 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW THEREFORE, BE IT RESOLVED that the City Council approve the above - described variance for the following reasons: 1. Meeting the Code would cause undue hardship. The hardship is because there is not enough room between the building and the street right -of -way line for a 15 -foot canopy setback. 2. The applicant is maximizing the canopy's setback by moving the pump islands as far from the street as possible. 3. The canopy location would meet the spirit and intent of the ordinance. The canopy would not affect traffic on Century Avenue and would be 27 feet from the nearest traffic lane. The Maplewood City Council adopted this resolution on Y1994. 17 Community Design Review Board -3- Mmutes of 1 -11 -94 C. Fuel Station Expansion, 9 No. Century Avenue - Conditional Use Permit, Setback Variance and Design Review (Section 1 -28) John Fleming, the managing partner of FD Investments and owner of the fuel starion, was present at the meeting. Mr. Fleming said he has reviewed the condirions recommended by staff and is in agreement with them. Mr. Fleming discussed plans to correct the water problem from the car wash. Boardmember Robinson moved the Community Design Review Board recommend: A. Adoption of the resolution which approves a conditional use permit to change the motor fuel station at 9 Century Avenue North.. The City bases this permit on the findings required by ordinance. The permit is subject to the following conditions: 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 after the Council approves this permit or it shall become null and void. The City Council may grant up to one one -year extension of the permit. 3. The City Council shall review this permit in one year. B. Adoption of the resolution which approves afive -foot setback variance for an overhead canopy at 9 Century Avenue North. This variance is based on the following findings: 1. Meeting the code would cause undue hardship.. The hardship is because there is not enough room between the building and the street right -of -way line fora 15 -foot canopy setback. 2. The applicant is maximizing the canopy's setback by moving the pump islands as far from the street as possible. 3. The canopy location would meet the spirit and intent of the ordinance. The canopy would not affect traffic on Century Avenue and would be 27 feet from the nearest traffic lane. C. Approval of plans that the City stamped October 25, 1993, subject to the revisions below. These plans are for the fuel station canopy and new pump islands at 9 Century Avenue North. All work .shall follow the approved plans. The Director of Community Development may approve minor changes. The City approves the plans, subject to the foll owing conditions: Community Design Review Board -4- Minutes of 1 - 11 - 94 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Before the City issues a building permit the staff must approve revised plans that show: a. Six striped parking spaces plus one space for each company vehicle, if any (code requirement) . 0 parking space must be a. handicapPP parking space that meets the Americans With Disabilities Act. There must be a handicap - parkin sign.gn. b. The design and location of a trash enclosure_ and a gate on the outside tire - storage area. Both enclosures must be 100% opaque and have gates that are also 100% opaque. Both enclosures must match the building's color. (code requirement) c. A solution to the water problem from the car wash. 3. Repair and repaint the wooden screening fence on the building's west side. Boardmember Anitzberger seconded Ayes- -all D. Holloway Pond II, Ho oway Avenue - Design Review and Variances (Section 14)- Dan Ogren was present rpresentin g Ogren PGoodVueHomes. Mr. fJ en ex lamed their requests and answered questions fro the Board. The Board discussed the request for variances and eninapossiblefuawidg of Seventh Avenue. Boardmember Robinson mov the C mmunity Design Review Board recommend approval of the re lu ' n which approves a 23 -foot and a 30 -foot front - setback variance for two 'dings (Units 19 -20 and 21 -22) in the Holloway Pond 2nd Addition be use: I. Strict enforcement of th or ce would cause an undue hardship because: a. There is an unu ually large bo evard in front of these units. b. The developer uuiot meet the s back because of a utility easement. 2. The proposed setbacks would meet the spirit and intent of the ordinance. The buildings would have the same setback from the curb as the other units on Holloway Avenue. Planning Commission -2- Mmutes of 1 -18 -94 Commissioner Rossbach moved the Planning Conunission recommend approval of the resolution which vacates th "existing water M4 ' easements. on the Maplewood Estates Second Addition site. e City sho vacate these easements because the vacation would be in the publi interest is in the public interest because: 1. These easements are not nee The developer will build new water lines and dedicate new easements the final Plat. 2. These easements W031M conflic with the new plat design. The City / ne ase this resoluti2i until the City approves the final plat. The develope this resolution with the final plat. Commissseconded Ayes - -all The moti B. Century Avenue Service (9 North Century Avenue) (Section -28) Ken Roberts, Associate. Planner, presented the staff report and answered questions from the Commission. In response to a question from a Commissioner, John Fleming, a part -owner of the service station, said an employee owns the two cars sitting in the rear of the property. Mr. Fleming said if this. is a problem, he will direct the employee to move the cars. Mr. Fleming said he will research who owns the property abutting his fence line and further obtain an approval to use this property as an access road for the car wash. Commissioner Rossbach asked staff for legal clarification on the finding required for a variance which refers to "undue hardship ". Ken Roberts said he would ask the City Attorney for an opinion on the definition. Commissioner Martin arrived at the meeting at this time. Chairperson Axdahl asked for comments from the public. There were no comments. Commissioner Pearson moved the Planning Commission recommend: A. Adoption of the resolution which approves a conditional use permit to change the motor fuel station at 9 Century Avenue North. The City bases this permit on the findings required by ordinance. The permit is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. Planning Commission Minutes of 1 -18 -94 3- 2. The proposed construction must be substantially started within one year after the Council approves this permit or it shall become null and void. The City Council may grant up to one one -year extension of the permit. 3. The City Council shall review this permit in one year. 4. Removal of two vehicles (jalopies) from the site. Vehicles shall be kept on- site only on a short -term basis for repairs. B. Adoption of the resolution which approves a five -foot setback variance for an overhead canopy at 9 Century Avenue North. This variance is based on the following findings: 1. Meeting the code would cause undue hardship. The hardship is because there is not enough room between the building and the street right -of -way line fora 15 -foot canopy setback. 2. The applicant is maximizing the canopy's setback by moving the pump islands as far from the street as possible. 3. The canopy location would meet the spirit and intent of the ordinance. The canopy would not affect traffic on Century Avenue and would be 27 feet from the nearest traffic lane. Commissioner Rossbach seconded Ayes- -all The motion passed. C. Price Avenue Street Vacation (Secti6h 18) Ken Roberts,\Associate Planner/presented the staff report. Commissioner k"Tvaca mov the Planning Commission recommend adoption of the resolution whites rice Avenue between Rice Street and the Soo Line railroad right -of -way. T `on is subject to retaining a utility easement over the east twenty feet. Tty ould vacate this street because: a. It is in the pu ' interest. b. The City has no P to build a street in this location. C. The adjace t prope 'es have street access. d. The City acated part of this street in 1985 and 1989. Commissio r Anitzberger seconded Ayes- -all The motion passed. PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about a request for a conditional use permit, canopy setback variance and exterior building remodeling as follows: 1. Install a 40- by 44 -foot gas - island canopy on the building's east side. 2. Replace three underground gasoline tanks with three new tanks. 3. Replace the two existing pump islands with four smaller pump islands. The existing islands have a total of five dispensers (10 fuel hoses). The new islands would have four dispensers (8 hoses) . 4. Pour concrete aprons in front of and behind the car wash. The applicant is Petro Plus /F D Investments. The location is 9 North Century Avenue. The Council will hold this hearing on Monday, February 14, 1994 at 7:30 p.m. or later in the City Hall Council Chambers (1830 East County Road B). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service at least 96 hours in advance. Call 770 -4524 to make arrangements. PUBLISH: February 2, 1994 sow Brent Paschke is requesting that the City approve a variance and change the sign criteria for the Hillside Center. (See the location maps and site plan on .pages 4 - 6.) Mr. Paschke represents Schad Tracy Signs. He is asking that the City allow each tenant to have a sign on the brick wall above the canopy. (See the applicant's proposed criteria and drawing on pages 7 -9.) The new signs would be in addition to the signs that the City already is allowing. The City is allowing signs on the canopies, the tower, the pylon sign and in the windows. The additional signs would require a variance. Section 36 -351 of the City Code allows' a maximum of two signs per business. Schad Tracy Signs installed a sign for Maplewood Travel on the brick fascia without a permit. BACKGROUND Approved Sign Criteria On March 22, 1988, the Community Design Review Board approved the sign criteria for Hillside Center: Tenant Signs 1. One silk- screened sign on the canvas canopy 2 one, 15-inch-tall sign on the tower 3. The business name on the pylon sign Tom Thumb Signs 1. One, 30- inch -tall, internally -lit sign of individual letters on the west elevation 2. One 30 -inch -tall, internally -lit sign of individual letters on the south elevation or one 16- inch -tall sign on the gas island canopy 3. One silk- screened sign on the canvas canopy 4. The business name on the pylon sign MEMORANDUM Action by , +. To:City Manager Endorsed.... FROM:Thomas Ekstrand, Associate Planner Mod.ifie SUBJECT:Sign Plan Change and variance Re j ected,- LOCATION:1.680 North McKnight Road Date,,,,,,„,,_,,,, PROJECT:Hillside Center DATE:January 13 1 994 INTRODUCTION Brent Paschke is requesting that the City approve a variance and change the sign criteria for the Hillside Center. (See the location maps and site plan on .pages 4 - 6.) Mr. Paschke represents Schad Tracy Signs. He is asking that the City allow each tenant to have a sign on the brick wall above the canopy. (See the applicant's proposed criteria and drawing on pages 7 -9.) The new signs would be in addition to the signs that the City already is allowing. The City is allowing signs on the canopies, the tower, the pylon sign and in the windows. The additional signs would require a variance. Section 36 -351 of the City Code allows' a maximum of two signs per business. Schad Tracy Signs installed a sign for Maplewood Travel on the brick fascia without a permit. BACKGROUND Approved Sign Criteria On March 22, 1988, the Community Design Review Board approved the sign criteria for Hillside Center: Tenant Signs 1. One silk- screened sign on the canvas canopy 2 one, 15-inch-tall sign on the tower 3. The business name on the pylon sign Tom Thumb Signs 1. One, 30- inch -tall, internally -lit sign of individual letters on the west elevation 2. One 30 -inch -tall, internally -lit sign of individual letters on the south elevation or one 16- inch -tall sign on the gas island canopy 3. One silk- screened sign on the canvas canopy 4. The business name on the pylon sign EXISTING SIGNS Tenants Ground Sign Awning Sites Tower Simon Tom Thumb x x x Tom, Thumb also has a sign on the west wall and on the gas island canopy.) Mulligan's Liquors x x banner Mr. Movies x xx x Chiropractor x x Southside Heating & A/C x Maplewood Travel x x x Maplewood Travel also has an illegal sign over the awning.) Hong Kong Cafe x xx x OPTIONS (in order of preference) 1. Deny the request for additional signs. 2. Allow signs over the awnings, but remove the tower signs. 3. Allow additional signs above the awnings. DISCUSSION The tenants want lighted signs over their store spaces to provide identification at night. The problem is that this shopping center has more signs per tenant than any other center in the City. Most of the tenants have at least three signs. The Hong Kong Cafe and Mr. Movies have four signs. The Code allows two signs per business. Most tenants in shopping centers have only one wall sign. Larger tenants may have another sign on the shopping center's ground sign. If the City allows signs above the awnings, the signs on the tower should be removed. Adding more signs without removing some would make the buildin g look cluttered with signs. The proposed eighteen -inch -tall letters would be the same size as those on the commercial center across McKnight Road. RECOMMENDATION A. Deny the variance for additional signs, since: 1. Other than Tom Thumb, the tenants already can use three signs each. This is one more than Code allows. 2. Most tenants in other shopping centers have only one or two signs. 3. The additional wall signs would make the building look cluttered with signs. 2 r B.. Approve the request by Schad Tracy Signs to revise the sign criteria for Hillside Center at 1680 North McKnight Road to place tenant signs over the awnings. Approval is subject to the following conditions: 1. The tenant signs on the towers shall be removed; new tenant signs shall no longer be allowed on the tower. 2. Eighteen inches shall be the maximum height of signs over the awnings. go \b- 6:hillside.mem (113-29) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 40 Proposed Revised Sign Criteria date - stamped June 7, 1993 5. Proposed Sign Placement Drawing date - stamped June 7, 1993 3 NUNN"* S OWN 8 a a Ie W RIF W H 2 2c 6J N`G ./ O A 0P 1 1 NORTH SA /NT PAUL ver a Ire Attachment 1 4 j KE T.tM C•rV •. y . r•16 J tt 9- INA w 3 a 45sI.I 10••1 h t rr Ir 60 1 Attachment 2• T • • t"J .,,, 1 (b • J A1111offill 3 >' r' Al N to Q ' • i i !y V b 11 v u - *W) WILLI1M3 AOTHERS PIPE!. NE• - ,.- L.l.t. - __ »..L •. •• . 4 I&W two me CS.) ;` Zvi. , • art •. , 3 a, , -•a ON 1 » •• • 11 (1 w • •.. 1 Me '00 1bAj AL Mt. —. 3 11709 1 s On do . t tt • s• 1 L &I • / 16640 IL 3a ) 64. O1n t 6416954 r HILLSIDE CENTER o io •.: MAPLEW00D • o .>~... 66) - 1 ••'' APARTMENTS ST. PAUL .t a . c. Op 8 3 i334 lisle P R O P O S E D C A V E 9 ( q ) CURRIE aTREET ADD'il 4 a' ' •` R am ow .5 . 00 4WD ON OW l4mr-ft aw H I L LC R E ST GOLF COURSE . _ ...fi i C0 ' 'E PROPERTY LINE /ZONING MAP Q 5 N a Attachment 3 - r ....ir 1 f r M1M6a. IA PHASE 1 1 t PHASE 2 ,• IWO gyp - \ ' 1 O I I • r .• • • / tom. MItN / N Af re 1 ...... • L. • 't / 1 1 1 t f 11 '1 fir• r -. •' ' .• u.r r •nom - ti • •• •r•r 1 1 ran 1 I. lar Avenue O s 311 Plan HILLSIDE CENTER SITE PLAN 4 N Attachment 4 1 p JUN 0 7 1993 TENANT SIGNING SPECIFICATIONS HILLSIDE CFNTER "`- .- - - - -.. - - - - -- • -- - --r . 1. Each Tenant is required to identify its premises with an exterior sign per details and specifications enclosed within this approved criteria. 2. Approval of store design drawings for Tenant's lease premises does not constitute approval of any sign work. Landlord's written approval of Tenant' sign drawings is required. - 3. The costs for the furnishings. and installation of a sign shall be the responsibility of the Tenant. The sign construction is to be completed in compliance with the following Criteria: SIGN CRITERIA EXTERIOR SIGNAGE 1. Tenant's sign shall be store identity signs only. 2. Tenants will be allocated an area on the exterior of the fascia for their signs. 3. Tenant's sign shall be restricted to an area on the exterior fascia as shown on the attached drawing. 4. Fascia (CANOP S a. Fifteen (15) inch individual letters in color as may be approved by landlord. b. Letter style to be mutually agreed upon between Landlord and Tenant. C. Centered horizontally and vertically on the fascia portion of the building. d. Maximum area as shown. e. Only Tenant's name to be displayed. 5. The sign shall not cover more than eighty percent (80 %) of the. linear distance of the store front to which it is attached. However, all signs shall be set at least fifteen (15 inches from the borders of the Tenant's lease area. Signs must be centered in front of each store. 6. Tenant's signs shall be backlit individual letters. 70 Store front (DOORS AND WINDOWS) a. At the Tenant's discretion, pressure sensitive polyester lettering may be placed on the interior side of the entry doors. b. Letters are to be 11/2 inches in height in "creme" color and shall be mounted at 5-6" above the floor. C. Store front signage may display name. d. Letter style to be at Tenant's discretion. 7 s. Facia Band BRICK FASCIA ABOVE THE CANOPIES) a. Tenant's sign shall be store identity signs only. Tenants will be restricted to copy which will designate the Tenant's proper name, product and/or service. b. Tenants will be allocated an area on the exterior of the shopping center. for their signs. This area will be part of the continuous fascia band. C. Tenant's sign shall be restricted to an area on the exterior of the fascia band, which shall not be higher than five (5) inches from the top of the fascia band and not lower than five (5) inches from the bottom. edge of the fascia band. If all capital letters. are used, letters. shall not exceed 18" in height. If upper and lower case letters are used, capital letters may be 18" and the body of lower. case letters may not exceed 15" . Ascenders and descenders of lower case letters may not. exceed a total of 18 ": d. A sign shall not cover more than eighty -five percent (85 fib) of the linear distance of the store front to which it is attached. However, all signs shall be set at least fifteen (15) inches from the borders of the Tenant's lease area. Signs must be centered in front of each store. e. Tenant's sign shall be illuminated letters which shall be fabricated of aluminum returns with five (5) inch maximum depth, translucent plastic faces and one (1) inch trim cap. Internal illumination shalL consist of neon tubing and concealed transformers. Illuminated letters must be installed with concealed fasteners and not have exposed neon, lamps, light fixtures, or wiring. SIGN TOSS 1. Fifteen (15) inch projected mount, individual acrylic letters in "creme" color, externally illuminated. Z. Centered horizontally and vertically in area shown. 3. Only Tenant name shall be displayed. 93JUN071993 ffirlpiriffifi E6101 I t0 9' e• 1 LJ Ll Lr \ L - 1 Proposed sign - to allow individually illium rated letters, with a max. Size of 6' , to go above existing awnings. s•51 1-1, 1) .050 ALUMINUM BACK 2) .040 DARK BRONZE ALUM. RETURN 3) GOLD TRIM CAP 4) WHITE ACRYLIC FACE 51 RED NEON TUBE 6) METAL RACEWAY PAINTED OK. INK NitE 7j 120 VOLT SERVICE 8 30 MA TRANSFORMER JUN 0 71993 ;E taiJ RACEWAY 5E"ON Project City Salesperson Scale Customer Approval Date Revisions schadmtracq s Address State Date Drawn by 3 MiAmsou Ave. N . 1610 E aitt Resit Oftmaw. MN SS%"364. eumvdle. MN 35337 507) 367.2631 (612) 844 -2421 307) 367.2633 (Fax) (612) 994-2748 (Fax) MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA JANUARY 11, 1994 I. CALL TO ORDER Acting Chairperson Erickson called the meeting to order at 7:00 p.m. II. ROLL CALL Marvin Erickson Present Michael Holder Present Marie Robinson esent Bruce Thompson P sent Roger Anitzberger Pr ent III. APPROVAL OF MINUTE A. December 28, 1993 Boardmember Anitzber submitted. / Boardmember Holder second IV. APPROVAL OF AGENDA approval of the minutes of December 28, 1993 as Ayes- -all Boardmember ompson moved approv of the agenda as submitted. Boardmemb Holder seconded Av - -all V. UNFINIS ED BUSINESS Ther was no unfinished business. VI. DESIGN REVIEW A. Hillside Shopping Center, 1690 N. McKnight Road -Sign. Variance (Section 13 -29) Cindy Wain was present representing Welsh Companies, who is the contract manager for the owner of the center. Ms. Wain explained the sign plan criteria changes requested for this shopping center. Ms. Wair said the signage on the canopy and pylons would not change.. Bob Krantz, owner of Maplewood Travel, said the size lettering an the existing TRAVEL" sign would be allowed at the center on the west side of McKnight Road, Community Design Review Board -2- Minutes of 1 -11 -94 which is closer to Larpenteur Avenue than Hillside Shopping Center. Mr. Krantz said Maplewood Travel needs the larger sign because it has very little visibility where it is located in the shopping center. Boardmember Thompson moved the Community Design Review. Board recommend: A. Denial of the variance for additional signs, since: 1. Other. than Tom Thumb, the tenants already can use three signs each. This is one more than code allows. 2. Most tenants in other shopping centers have only one or two signs. 3. The additional wall signs would make the building look cluttered with signs. B. Approval of the request by Schad Tracy Signs. to revise the sign criteria for Hillside Center at 1680 McKnight Road North to place tenant signs over the awnings. Approval is subject to the following conditions 1. The tenant. signs on the towers shall be removed; new tenant signs shall no longer be allowed on the tower. 2. Eighteen inches shall be the maximum height of signs over the awnings. Boardmember Robinson seconded Ayes- -all B. Maple Ridge Sho ing Center, 2515 Re Bear Avenue - Landscape Plan Appeal Section 11) Beth Berg of United operties w s present representing Maple Ridge Shopping Center. Ms. Berg expl ed the changes to the landscape plan for the center and answered que 'o from the Board. Boardmember Holder m e pproval of the changes at the Maple Ridge Shopping Center as described in a Oct er 5, 1993 staff report and in the letter from United Properties dat October 1, 1993 items A, B, C, D and E. Boardmember Anitzberger seconded Ayes - -all PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about a request for. a variance for the Hillside Center. The variance would allow the tenants to have more than two signs per business. The Council will also consider changes in the sign plan approved by the City. The changes would allow the tenants to have signs on the brick wall above the canopies. The applicant is Schad Tracy Signs. The Council will hold this hearing on Monday, February 14, 1994 at 7:45 p.m. or later in the City Hall Council Chambers (1830 East County Road B). Call Geoff Olson at 770 -4562 for more information. Si gn language rPinterpreters are available. You must request this service at least 96 hours in advance. Cali 770 -4524 to make arrangements. PUBLISH: February 2, 1994 s MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Southwinds Townhomes LOCATION: Beebe Road, North of Larpenteur Avenue DATE: February 7, 1994 INTRODUCTION Description of the Project lotion Eby. CounecNo Endorse Modifie Rejecte Date John Low, of Southwind Homes, LLC, would like to build 56 double dwellings (28 buildings). The project's name is Southwinds Townhomes. It would be on both sides of Beebe Road north of Larpenteur Avenue. (See the Location Map on page 16 and the Property Line Map on page 18.) Mr. Low is proposing to develop the project in three phases. (See the phasing plan on page 19.) There would be 42 units (21 buildings) east of Beebe Road and 14 units (7 buildings) on the west side. (See the site plan on page 20.) Each unit would be on a separate lot, and could have a separate owner. A homeowners' association would own and maintain the common areas. Each building would have horizontal -lap vinyl siding and aluminum soffits and fascia. Each unit would have an attached two -car garage. (See the building elevations and drawings on pages 22 -24 and the attached plans.) Requests To build this project, Mr. Low is requesting that the City approve: 1. A conditional use permit (CUP) for a planned unit development (PUD) Mr. Low is requesting the CUP instead of a rezoning. He needs a CUP or rezoning because the City zoned the easterly part of the site F (farm residence district). (See the Property Line /Zoning Map on page 18 and Mr. Low's letter on page 25.) 2. Lot area and lot width variances for each lot The Code requires that each building have 12, 000 square feet of lot area and 85 feet of lot width. Each building would have 7,140 square feet of lot area and 70 feet of lot width. (See Mr. Low's letter on page 25.) 3. An easement vacation Mr. Low is asking that the City vacate a 10- foot -wide walkway easement on the north end of the property. This easement runs west and east. (See Mr. Low's justification on page 26.) 4. A preliminary plat 5. The design plans DISCUSSION Conditional Use Permit The City Council should approve the CUP. This development would be consistent with the comprehensive plan and the findings for a CUP. (See the nine findings in the resolution on pages 33 and 34.) This development would be well under the allowed density. The comprehensive plan would allow six units per acre. Mr. Low is proposing 3.6 units per acre. This is 38 fewer units (19 buildings) than the City allows. The plan would preserve most of the vegetation on the site's east and north sides. This vegetation would screen the homes to the east and the apartments to the north from the double dwellings. The advantage of a CUP over a rezoning is that the CUP ties the developer to a specific plan. Lot Area and Width Variances The City should approve these variances. The developer is proposing a substandard lot around each dwelling unit. A homeowners' association would own and maintain the rest of the land. Exchanging the common land for larger lot sizes would not change the location, design or number of units. On January 25, 1993, the City approved similar variances for the Holloway Pond Town House project. This project is on the southeast corner of Beebe Road and Holloway Avenue. Walkway Easement Vacation When the City Council approved the Southwinds Apartments, they required that the developer install an eight- foot -wide paved trail. It was to connect Furness Street and Beebe Road. The previous owner dedicated a ten - foot -wide pedestrian easement to the City. The developer is opposed to an east -west trail. He is opposed because he feels that the trail would be privately owned and a potential liability to the homeowners' association. The trail would be public, not private. The City would be responsible for the trail and maintain it. The City Attorney told me that the developer or homeowners' association 2 would. not be liable. The Director. of Public Safety. does not feel that the trail would be unsafe. The trail is needed. The School District must bus students that live beyond 1/2 -mile from a school and do not have sidewalks. There are no sidewalks on Beebe Road. Building an east west walkway would provide a sidewalk to get students within 1/2- mile of Webster School. This walkway would allow the District to reduce the number of students they have to bus. Without the walkway, the District would have to bus the students who do or will live on Beebe Road. (See the School District's letter on page 32.) This trail would provide access for residents to Goodrich Park and a place for the seniors from Archer Heights to walk. The seniors identified the need for a walkway in a 1976 survey by the City's HRA. The existing easement runs through a wetland and would result in the removal of trees. The developer is proposing to expand this wetland to compensate for filling wetlands elsewhere on the site. The new wetland would be over the pedestrian easement. (See the ponding plan on page 21.) The City should vacate the existing easement subject to the developer dedicating a new easement. The new easement should generally follow the water line to the north of the existing easement. Moving the easement would avoid most of the wetlands and save trees. The move would save trees because there are fewer trees over the water line. Williams Brothers Pipe Line Company may have to approve this change since the walkway easement is within the - pipe line easement. SIDEWALKS The Council also required afive- foot -wide concrete sidewalk from the last developer. The sidewalk was to run from the north lot line to Larpenteur Avenue and then eastward to the east lot line. I am recommending that the developer build the sidewalk to Larpenteur Avenue. This would eliminate any need for bussing school children on Beebe. Road. The developer of the corner property should build a sidewalk on Larpenteur Avenue when that property develops. I do not feel it is fair to require this developer to build a sidewalk on Larpenteur Avenue. NORTH -SOUTH TRAIL. When the City Council approved the Southwinds Apartments, they required a walkway easement between the east -west trail and Larpenteur Avenue. The condition stated that a ten - foot -wide walkway easement shall be shown on the plat from the east -west trail to Larpenteur Avenue along the former trolley line." The Council did not require that the developer build the trail. The intent was to provide an easement so people could walk from Furness Street to Larpenteur Avenue, even though there would be no trail. 3 The Council did not require the developer to build a trail because several neighbors objected. The neighbors thought that a paved trail would create pnvacy p roblems, increase the potential for vandalism of their properties and spoil the environment. The police chief was also concerned about the potential for vandalism and assault. The DNR trail also goes along the rear of residential properties, but is less of a threat because the trail is heavily used. A north -south trail through this development would not be as heavily used. If the City wants the developer to pave a trail, they should require that he mitigate any wetland fulling for the trail and do the grading and paving with this development. If the City wants an unpaved trail easement, they should require that the developer sign the easement so people know where they can walk and do not stray too close to the town houses. The problem with allowing public access is privacy. The easement would allow the public to walk through what amounts to the back yards of these homes. This would particularly be a problem with Units 19 -22. The trail would only be fifteen feet from the rear of Units 21 and 22. Moving the trail farther east would require wetland filing and mitigation. People who want to walk to Larpenteur Avenue can walk on the east- west trail to Beebe Road or they can walk on Ripley Avenue to Howard Street or McKnight Road. We should protect the privacy f the new homeowners and the existingg homes to the east. Neighbors Concerns There is too much traffic already on Larpenteur Avenue. This development will cause excessive traffic. The County Traffic Engineer told me that this project would not adversely affect traffic on Larpenteur Avenue because: 1. There are three ways to get to this site. A person can come via McKnight Road /Holloway Avenue, North St. Paul Road/Holloway Avenue or Larpenteur Avenue /Beebe Road. 2. He has not received any significant complaints about traffic on Larpenteur Avenue, 3. The additional traffic load would not be significant. Larpenteur Avenue carries an average of 9,000 ADT (average daily trips) near Beebe Road. This project will generate about 560 ADT. One third, or 186 trips, would be on Larpenteur Avenue. This would be within its design capacity. 4 This development would destroy wetlands, trees and wildlife habitat. The developer has designed the site plan to preserve the ormajorwetlands. The majorJ wetlands would be east and south of the buildings. The developer would fill a 2,800 square -foot wetland that would be north of Units 11 and 12 and a 2,700-square-feet of wetland that would be under Units 21 and 22. This is a total of 5, 500 square feet of filling. To compensate, the developer would create a 6,400- square -foot wetland between Units 4 and 6. Consequently, there would be a net gain in wetlands. The developer also would build a sediment pond east of Units 9 and 10. This pond would clean the storm water runoff before it enters the wetland. (See the ponding plan on page 21 and the engineer's letter on page 27.) The Ramsey-Washington Metro Watershed Board has approved this plan. The City has been requiring a twenty -foot building setback and ten- foot -wide buffer zone easements and signs around wetlands. The signs and easements prohibit mowing, cutting, filling or dumping within the wetland or the buffer zone. The purpose for the buffer zone is to provide wildlife habitat and to remove nutrients from the storm water runoff. The staff recommendation expands the drainage easement to include a buffer zone around the wetlands. This plan would meet the City's tree ordinance. The site is primarily covered with cottonwoods and box elders. The City Code does not protect these trees. There are only four significant trees. Mr. Low's plan would save these trees. The plan would also preserve all the trees on the site's east side and most of the trees on the north. The developer would remove the trees around the wetland mitigation pond. Although some wildlife habitat would be lost, the proposed plan would preserve most of the site's significant natural features. The area already has too many multiple dwellings. The density is too high. The City Council has zoned and planned this property for medium - density, multiple dwellings. Mr. Low is proposing to develop this property to only 60% of the allowed density. The land use plan allows a maximum density of six units per acre. Mr. Low is proposing to build 3.6 units per acre. This is 38 fewer homes (40% less) than the land use plan allows. Keep the land as open space in accordance with the recently approved open space referendum. The City's Open Space Committee ranked the part of this site that is east of Beebe Road. They ranked it 34 out of 67 sites in the City and 6 out of 7 sites in this neighborhood. The Committee did not rank the 2.67 acres on the west side of Beebe Road. The Committee recommended that the City consider the purchase of 19 sites. The Committee did not include this site. The City Attorney has advised us that the open space ranking should not influence the City's decision on this project. 5 The lot sizes are too small. The developer should meet the Code requirements. Refer to the lot area and width variances discussion above. Driveway easement to the School District Offices The School District is requesting that the developer dedicate an easement for a driveway to the School District offices. This driveway would connect the School District's parking lot to Beebe Road. (See the letter on a e 32.) The City required thisPgtYq easement from the previous developer. The City should require this easement to avoid the cost to the public of the School District having to buy this land. The District is preparing plans for this drive. It should relieve some of the traffic that now goes. out to Larpenteur Avenue. The City had suggested that, the School, District build this drive when the City closed the Mounds Park Academy exit to Ruth Street, RECOMMENDATION A. Approve the resolution on page 33. This resolution approves a conditional use permit for a 56 -lot planned unit development. The permit is based on the findings required by Code and subject to the following conditions: 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 Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall not review this permit unless there is a problem. 4. The trees along the east and north lot lines shall not be disturbed, except to construct a trail and wetland. 5. There shall be a homeowners' association responsible for maintaining the common land. B. Approve the resolution on page 35. This resolution approves lot area and lot width variances for each lot, because: 1. There is an unusual hardship. A homeowners' association will own and maintain the land that the developer would normally use to meet the lot area and frontage requirements. Re 2. These variances would meet the ordinance's intent since the project would meet the City's density requirement. 3. The City approved similar variances for the Holloway Pond Town House project. C. Approve the resolution on page 36. This resolution vacates the east -west walkway easement, subject to the property owner giving the City a new trail easement. The easement shall be fourteen feet wide for the first 200 feet from Furness Street. The remainder of the easement shall be ten feet wide. The Williams Brothers Pipe Line Company must approve this easement before the City records the resolution that vacates the old easement. D. Approve the Southwinds Townhomes preliminary plat. The developer shall complete the following conditions before the City Council approves the final plat: 1. Have the City Engineer approve the final construction plans. These plans shall include the grading, tree preservation, internal street, utility, erosion control and drainage plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook, 2. Make the following changes to the plat: a. Show a drainage easement around the proposed sediment pond and ten feet beyond the proposed wetland boundaries. This easement shall include the area between the east -west trail and the wetland to the south of the trail. This easement shall prohibit any mowing, cutting, filling or dumping, including yard waste. b. Show the wetland boundary, as approved by the Watershed Board, on the plat. c. Move the east -west walkway easement north to generally follow the water line and designate the easement for trail use. Widen the first 200 feet of the east -west trail easement from Furness Street to fourteen feet to accommodate public works equipment. The Williams Brothers Pipe Line Company must approve the new easement before the developer begins to construct the trail. 3. Give the School District a driveway easement over the north 95 feet of the plat that is west of Beebe Road. 7 4. Sign an agreement with the City. This agreement shall guarantee that the developer will complete all public improvements and meet all City requirements. This agreement shall require that the developer: a. Install permanent signs around the edge of the drainage easements. These signs shall state that there shall be no mowing, cutting, filling or dumping beyond this point. b. Construct the east -west trail along with the Phase I construction. The trail shall be 12 feet wide for the first 200 feet from Furness Street and 8 feet wide the rest of the way. The first 200 feet shall be strong enough to support public works equipment. C. Install a five- foot -wide concrete sidewalk along Beebe Road from the north property line to Larpenteur Avenue. The developer shall install the portion of the sidewalk fronting each phase with that phase's construction. The developer shall install the remaining sidewalk no later than with the last phase. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. E. Approve the site plan, landscaping plan and building elevations stamped November 12, 1993 for the Southwinds Townhomes. The City conditions its approval on the following conditions: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. The developer shall complete the following before the City issues a building permit: a. Revise the plan as follows: 1) Widen the drive aisle for the seven parking spaces west of Beebe Road to 24 feet. 2) Provide at least 18- foot -long driveways for Units 23 and 24. b. Provide the following for the City Engineer's approval before the City issues a building permit: 8 1) A drainage easement around the proposed sediment pond and ten feet beyond the proposed wetland boundaries. This easement shall include the area between the east -west trail and the wetland to the south. This easement shall prohibit any mowing, cutting, filling or dumping, including yard waste. 2) A grading, drainage, utility and erosion control plan. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. C. Revise the landscape plan showing that: 1) All deciduous trees are at least 2 1/2 inches in caliper, balled and burlapped. 2) All evergreen trees are at least six- feet -tall. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. c. Install permanent signs around the edge of the drainage easements. These signs shall state that there shall be no mowing, cutting, filling or dumping beyond this point. d. Install an underground sprinkler system for all landscaping (code requirement). e. Provide an address sign at the main entrances for the buildings that do not have direct access to a public street. Put address signs on the buildings. f. Post the driveways for no- parking on one side. g. Sod all proposed turf areas up to the drainage easements. Turf areas shall not include land planned to remain natural. h. Move the east -west walkway easement north to generally follow the water line and designate the easement for trail use. Widen the first 200 feet of the east -west trail easement from Furness Street to fourteen feet to accommodate public works equipment. The Williams Brothers Pipe Line Company must approve the new easement before the developer begins to construct the trail. i. Construct the east -west trail with the Phase- I construction. The trail shall be 12 feet wide for the first 204 feet from" ` Furness Street and 8 feet wide the rest of the way. The first 200 feet shall be strong enough to support public works equipment. J. The developer shall install a five- foot -wide concrete sidewalk along Beebe Road from the north property line to Larpenteur Avenue. The developer shall install the portion of the sidewalk fronting each phase with that phase's construction. The developer shall construct the remaining sidewalk no later than with the last phase. 4. Having the location of each building staked by a registered land surveyor. 5. If any required work is not done, the City may allow temporary occupancy if: a. The City decides 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. C. The City receives an agreement that will allow the City to complete any unfinished work. 6. All work shall follow the approved plans. The Director of Community Development may approve minor changes. 10 CITIZENS' COMMENTS I surveyed owners of the 50 properties within 350 feet of this property. The owners from 14 properties replied. one had no comment, four were in favor, one had a miscellaneous comment and eight objected. In Favor 1. No objection. Town home design is nice. (Phoenix Residence Inc., 135 Colorado St. E., St. Paul) 2. I am in favor of this proposal but disagree that the development will add little to the traffic. I live on Larpenteur Avenue and work .9 a.m. to 5 p.m. and have trouble backing out of my driveway in the mornings because of - `the heavy traffic. I also have real trouble making a turn across traffic into my driveway around 5 p.m. The solution to this problem is to make Larpenteur a four lane street as it is west of Beebe Road. (Yenish, 2148 E. Larpenteur Avenue) 3. Refer to the letters on pages 28 and 29. Objections 1. I object because of the existence of Archer Heights Apartments, Forest Green Apartments and the new development on Holloway and Furness. The area is becoming a high density area. While Archer Heights Apartments and Forest Green Apartments are in North St. Paul, I believe the residential population, as well as traffic generated by these complexes must be considered before making recommendations to the Planning Commission and City Council. I would like to see the preservation of the wetlands as well as the trees, wild flowers and grasses that are home to many wild animals. This area should not be developed. It should remain open land. (Schiff, 2169 Larpenteur. Avenue) 2.We feel the wildlife would be destroyed. Our kids won't be able to see deer over there: Also the lots are very small and the 56 units would be very crowded. Plus there would be traffic problems. If the wildlife can't be saved and you are oin togg let Mr. Low build, we propose that he only build along Beebe Road. He should only build 12 units with larger lots so in case children live there the have yards to laYYplay in. Thanks. (Glanz, 2076 Larpenteur Avenue) 3. The wildlife will be driven out and the trees and scenic look will be gone. The property should be left as it is. The people in this area enjoy the land as it is. Mrosak, 2147 Larpenteur Avenue) 11 4. . I object .because of the loss of wildlife habitat, drainage changes, safety more people closer to open water. Aesthetic - buildings - replace trees, plants. Traffic at Beebe Road and Larpenteur Avenue. Schools - Webster lacks space for more students. Designate this as open space - voters have indicated this priority. Casselton and Wainio, 1745 Howard Street) 5. Lot sizes are too small and not up to existing codes. (Belanger and Munson,_ 2135 Larpenteur Avenue) 6. I strongly object because of the housing density, elimination of wildlife and reshaping the natural contours of the land. Preferred - single family with large lots like the homes on Howard Street that keep the back wild area the same. (Wright, 1709 Howard Street) 7. I can't believe that disruption of the woods would not disrupt the natural habitat. There are deer, owls and foxes that live in that woods and I don't think they will continue to live side by side with the townhomes. My other objection is that the row of townhomes by the wetlands is far too close - besides again disrupting the wetland wildlife. I am concerned with the shift of drainage runoff. As a home owner with a backyard abutting the wetland, can I be guaranteed that half of my backyard will not become part of the wetland? Maplewood residents have shown in their vote how important the preservation of nature is to them and this is just one example of it being taken away. If this is to be, I think units seven to eighteen should be eliminated as they are too close to the wetland. (Frederickson, 1753 Howard Street) 8. Refer to the letter on pages 30 and 31 from Lawrence and Kathryn Shanleyy, Miscellaneous Comment Refer to the letter on page 32 from Richard F. Julander of School District 622. 12 REFERENCE INFORMATION SITE DESCRIPTION Site size: 15.59 acres (2.67 acres west of Beebe Road and 12.92 acres east of Beebe Road) Existing land use: undeveloped Existing easements: There is a 10- foot -wide walkway easement at the north end of the site. There is a 100- foot -wide pipeline easement at the north end of both properties. VEGETATION Trees and brush are scattered throughout the site. Most of the vegetation is deciduous, although there are a few large evergreen trees. Most of the large trees are along the site's north and east sides. Many of these are cottonwood and aspen trees. SURROUNDING LAND USES North: Archer Heights and Green Gate Apartments South: Larpenteur Avenue, a house and four four -unit apartments West: Mounds Park Academy and School District 622's administrative offices East: houses PAST ACTIONS On May 22, 1986, the City Council approved a preliminary plat for the Southwinds of Maplewood 2nd Addition. The developer requested that the City relocate aten -foot- wide trail easement. The easement connected Beebe Road and Furness Street along the developer's north property line. The developer asked the City to relocate this easement to the south because the easement was too close to the Williams Brothers Pipeline. The City approved this change and the developer put it on the final plat. The City also required that the developer deed a thirty- foot -wide public right -of -way from Beebe Road to the School District property to the west. On August 30, 1988, The Community Design Review Board approved a 29 -unit, three - story apartment building on Beebe Road's west side. On May 22, 1989, the City Council granted a CUP for a PUD and a preliminary plat for the developer's site. The name of the project was The Southwinds of Maplewood Apartments. This project had 120 units in a seven -lot, seven - building subdivision. 13 On August .12, 1991, The City Council denied .a CUP, and a preliminary plat for 124 condominium units on the subject property. The Rottlund Company, , - Inc. proposed thisJppe p p project. The Council denied it because: 1. The proposed plan would have more units than the land use plan allows. 2. The proposed plan would not preserve the wetland and open space that serves as a buffer for the homes to the east. PLANNING The land Use Plan designation is R -3M (medium density residential). (See the map on page 17.) The maximum allowed density is six units per acre. The developer is proposing to build 3.6 units per acre. Zoning: R -3 (multiple dwelling) and F (farm residence district) Ordinance requirement: Section 36 -88 requires that each double- dwelling lot have at least 12,000 square feet and 85 feet of width. REQUIRED FINDINGS TO APPROVE A CUP Section 36- 442(a) states that the City Council shall base approval of a CUP on nine standards. I have listed them in the resolution on page 33. REQUIRED FINDINGS TO APPROVE A VARIANCE State law requires that the City Council make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship ", as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 14 LOCATION MAP 4 N It 16 LAND USE PLAN 17 Q N Attachment 3 t D Ri 1 tes FOREST GREEN APARTMENTS A. 3 6 N 4D d ao F in (44) C; ARCHER HEIGHTS APARTMENTS 7 . 00ZzC; fuD) f6 30 17u Lu 37) % at) 14 01 j 13 N I ZP 12 17Z4Z (o ISD NO. 622 1 1 OFFICE o) 2 r D A 1731-1737 7 j of 1721-1 fit 1711-1717 0 1701-1707MOUNDSPARKAI ACADEMY 319-87 2095 V5 liiii 1689 0 111812U 1811 J02175 C3 111 'Ew 13 i'2 L)W ; Z3)78'-21 M 2180 TA2 3. W%0 p 3 TbA 001765,r! qqE0, (z V' po O l759_?_,4. I jP;6 . A,-753 re 1-4, 5. 65 10AA' D 745; OPI lu 6 3r01737ILZPI .87&c. d 03 ; 0 pe-jo 34)1 NJ its) 7 W% d1 Pictzoo)8 j Fsnr 4 ' iffli 715 73 0 so got 4k +L < 1709 c . O 19 12 1695 12 C 03 1685 : ' i (p2135 21472155 2169 2179 NLARPENTEUR AVENUE PROPERT LINE /ZONING MAP 18 0 W. fmv WELEA 4 s tVFW a a I s 1, wm WOW k P Attachment 5 10 -FOOT WALKWAY EASEMENT PROPOSED FOR VACATION i Moo= SOUTHIMNDS TOWN HOMES LARPENTEUR AVENUE 1 N lei 6 t n O \ f SITE PLAN all 4 N 0 oI ( 19.111I® is .® =Is inson I !, ' _ ' St ® _ ®fie = ® la Sol Mj OEM W U.M EfEVO i X11; a iI long — Own: i,lli :`Ilia,: Somme C 1 women 1, _ ,11 ® 11 smogs f LEN or F NINE ms Nos ONE mss._ RON I 11 INN INSJ O1 or — iia tit IFI I !! fir - O1 ® '111 / c I it e a e. soon Enos mass long I _r ., P Y.4 Ono :iiIn= r .r. ®.s- e It NINE _ -- ong 1„ islesoon = c 1 goes i1lessX1111211111 i X11; a iI long — Own: i,lli :`Ilia,: Somme C 1 women 1, _ ,11 ® 11 smogs f LEN or F NINE ms Nos ONE mss._ RON I 11 INN INSJ O1 or — iia tit IFI Oak M;r-Id A !"low 44 Nov 12 193 ' m to losompft*.w so 40 O do P 40 of- 41 oI '•' •• • ' ' A _ fT .. 1' ••'• .. _ .fI ` ` t . 't fir•., ,.• ; • 4, 1 . " L •I Id. I N) ( jl r T• - two, Hin, ROMA W MIZ =-:= 146. V.-C Al 77010"tl IX ip L C+ C+ f. A. co J6 A 44 P". •. . • 4 ft..,X4 0 C1 !x t 16 44 wi: Lit, jt dSolA A NOV . 1993 t 1 r. rte• •;' % ; r 1 ,,,, w, • /' r Iw ••I' • • • ,,.,rte -~ 1.. ...•i r"' ' w...... .r` ` ' / I 1 111 • Z ..- Ii •. . ,,, •• f:' . ol of Atz, Owl 1 ' af•a Al r • 111 ' J Y ... v, •,JI• ' . ' ^ , ,, ',,' ,'1. ,• w •''f w.. M .i ... • •,. ... •., •• . 1 •.': 'L\Y ' •'. .:.,•'+I •. .,r ..y"w'.• • • , , (• .r.' ' / . . r.,.... .— -- •• -•" ' :.• (• 1, • } • ,. • `', •' 1 •, 1w •t! - iY + .. - .:(71k Iw•!'4.wj` , , • '•.'f ^'';.,k;....• ./ .., , •' • u,, /. „•• 1 •/ • ''.' ; ` • t • . . r) •' w. ` • _ 1 • ' . Syr ti .M ; • .. : a 1 , . - M . 'r . 1 /1 1111 .a. ,,. 1• , I , '. . - -•( .. ••. y; rr ,... y , •f', — , 1 . •M•••. ` . s *• ~• , , • I If t . • •:. I. • ••flit ,•..l _ 1, 4 V`•...wK a•.c1. -a '... • 1. ,.•. . •.1• w••M•1• ..iMJ+rarf..i • / ... . .1 w. •.. A .. r I NOV 1/iA• •.. a , .. . .. . '.. .•. li : t w '' I :'' • a .• ., ,y.. ' r'rr •V ..••w • p"`'y'i""Vr r• r .v. , . , ~. f•.p•ly f.•.:.,. _. 1 • • r.`tii.;•r=t. .y*t Nv'w•r. . 1 .. . , Attachment 10 Swill, iIND fliES, LLC . - ` s2X82 To: November S. 1993 The Mayor and City Council Members The City of Maplewood Re: Applications for Southwinds Third Addition - Townhomes Southwinds Third Addition townhome development. will be located designed, maintained, constructed and operated in conformance with the City's comprehensive plan and Code of Ordinances, The proposed use does not change the existing or planned character of the surrounding area, nor will it adversely affect the property values of the neighboring properties. Southwinds Third Addition townhome development is designed to be a quiet, residential neighborhood and as such will create no nuisance or pollution to the area. The new homes are in a density that is below that of a single family development and as such will add little to the traffic. We believe that Beebe Road will not be burdened by the traffic enerated b thisgY.development and that the roads that Beebe feeds into are sufficiently designed to accommodate the small amount of additional traffic that this development may generate. The proposed use will be adequately served by the public facilities and services. The streets and utilities will be the responsibility of the developer to install and they will be maintained by a professionally managed homeowner's association and will therefore not create excessive additional public expense. The typical lot size will be 35' X 102 3,570 square feet. The entire property size is 15.6 acres and there are fifty -six units proposed, the overall density is 3.6 units per acre, the variaceis requested for several reasons; The site usage is limited by artificially created wetland, easements created by Williams Pipeline and the water main, the shape of the site, and clean -up of p rior construction. the city does not presently have a definition for lot sizing for the development of two -unit townhomes causing a hardship to the designing of the development. there is land that is surrounding each lot that will be owned by the homeowner's association that, if added to the lot size would approximate the city requirement for lot size. the preservation of the natural wetlands and maintaining a wide buffer to the neighboring properties necessitates the use of the smaller sizing,g We have made an honest attempt to design Southwinds as a neighborhood that uses the previously built upon property and preserves the site's natural beauty for the continuing use of both the new residents and the existing residents as well as the wildlife inhabitants. We are requesting the city to accept this application to include a variance that will allow the construction of the single - level, side -by -side, residences on lot sizes less than that required currently by the city of Maplewood. Sincerely, 25 00;John Low Attachment 11 PUBLIC VACATION APPLICATION Southwind Homes is requesting that the City of Haplewood allow the vacating of an easement that is recorded as document #2437518 and is shown on the certified survey attached to this request. The easement is an unused ten foot wide walkway approximately 825 feet long that runs east /west on top of an easement for Williams Pipeline and through a wetlands area. The proposed easement is.on property that an application has been made for the Southwinds Third Addition Townhomes. The property line adjacent to the proposed walkway is 85' to the north and more than 100' from the nearest residence. The proposed townhome development does not require the easement property for development, however the city, future owners and the homeowner's association may well consider the walkwa3 a liability. The walkway would be privately owned and would be within a 100' wide Williams Pipeline easement. The walkway would be unlighted and through dense underbrush and woods. Southwind Homes recognizes that Maplewood is a pleasant and safe place to live, the fact remains that walkways such as. the one proposed by this easement have become areas of mischief.and mayhem. The potential risk for creating this public walkway through privately owned property is virtually uninsurable. We believe that any walkway should be on public property and in open view of the-pubic and suggest that sidewalks that abut public streets area more appropriate place for sidewalks and bike paths. czjWD L 490 26 Post -it" brand W transmittal memo 7671 I # of Pates • Attachment 12 To Fto•n cgs LO +*ss C Cos'P" FA4 a apt -Ph, e Fps #4 ,^ , t3 - ''.' - r Z PAW bqQ;4".r l,0 r 9445 East River Road, Suite 203 • Mhneo ls. MN $5433 • (612).7&5-6= • FAX 61 755-1 362 Southwinds 3rd Addition Towahomes Napl ewood, Mfg Proposed Wetland Alteration November 8, 1993 The Southwinds Townhomes Project proposes to construct 56. twin hoar units on a site Located adjacent to Beebe Road wid North of Larpenteur Avenue in Maplewood. The site area is 15.6 acres with approximately 2 acres of wetland in six general locations. The number and area of wettands, the Williams Pipeline and Trunk watermain on the North end of the site, the shape of the site, and cleanup of prior construction restrict the layout of the site. We w successful in avoiding the largest more pristine wetlands on the site, but were unable avoid all wettand alterations. A 2800 S.F. wetland at the center of the site and a 2700 S.F. wetland towa the South end of the develo - t a proposed to be filled_ The wetland at the center of the site is an isolated uet l and that may be a resu of prior excavation on the site. The hilt located next to this wet L and Looks Like a mirror image of the wetland. The wetland toward the South end of the site is next to the abandoned trolley car grade. FiLLing along the trolley grade and dumping to the west of this wetland have created this wetland and other simitar wetlands in this area. These wetlands show a great deal of grade change and are covered With brush and boxelder trees, wetland impacts have been minimized by reducing the density of the development, using the existing terrain, providing large buffer areas, and constructing a sediment basin. The ramber of units proposed for the site is 56, or 3.6 uni per acre. This density is close to that of a single family subdivision. The townhomes are designed to fit into the natural terrain using walkout, lookout and on grade models. This type of construction minimizes earthwork adjacent to the wettarvU and maintains a larger buffer area. in most casts, there is a 50 foot undisturbed buffer next to the wetlands. The storm water runoff from all roadway areas wilt be routed to a sedimentation basin prior to discharging the wetland areas. To compensate for the wetlands that are to be filled on the site, a mitigation area will be constructed on the North side of the site. This area was chosen for mitigation because it is close to other wetland areas and contains building debris rwhich gust be cteaned up. This portion of the site is the former location of a but lding destroyed by fire The remains of this building and its contents need to be excavated and disposed of. These operations will require the excavation and vegetation removal in this area. Wetland creation at this location will reduce the amount of refill necessary t restore this area. Please call Tm if you have any questions regarding this project. Sincerely, Derrick J. Passe 27 r 6 GcODEC t Nor. Thomas Ekstrand Associate Planner Cit of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Mr. Ekstrand: Attachment 13 Robert J . Fretz 2180 Ripley Avenue Maplewo MN 55109 December 6, 1993 The property proposed for development has been a significantPPYP reason for our remaining as Maplewood residents. it gives space to our neighborhoodsome .natural spa which otherwise isg coming more urban. Therefore, our first choice would be be g . ertaceroforthispropertytobecomeMaplewoodopenSpacepP Y However if that is not possible, the proposed development is satisfactorye in the P ast we have felt it is important that a buffer area of the natural wetlands and trees be left on the east side of propertythe in question. The neighbors have generally not developed the back sections of their properties, so it seems PP Paro riate to require that the new developer do the same. It appears that the Southwind development would indeed do this, so the proposal meets our main criteria. One request is that the zone of wetlands and natural trees be formalizedrmalized as art of the agreement, so that is be legally binding on this and future owners. Sincerely, Robert J. Fretz 28 r . Attachment 14 Mr. Thomas Ekstrand - Associate Planner November 30, 1993 r City, of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Subject: Neighborhood Survey - Applications for Southwinds Third Addition Townhomes Dear Mr. Ekstrand, i I am in favor of the subject project with certain exceptions. First, I feel the walkway easement between the intersection of Ripley and Furness to Beebee Road is important to the neighborhood as a shortcut to Goodrich Park and should. not be vacated. According to what I see - on the zoning map the easement it seems could be moved north of the Williams Pipeline easement, allowing a greater privacy buffer to the townhomes on the northside of the site. Second, I would like to see that the city get assurances and /or covenants that the existing natural and "artificial" wet lands on the site will not be disturbed now or in the future by filling, building or choked with excess runoff. Further the city should try to reserve the right to construct a walking trail down the middle of the old street car right -of -way, if deemed appropriate in the future. This could someday be connected to the trail system to the south, if the city of St. Paul extends their trail north from Hoyt to Larpentuer which then goes all the way to Seventh Street and Hazel in St. Paul. I guess everyone wants to have land remain vacant that is located adjacent to their property, however I know that living in the city that is almost never possible.It appears from looking at the site plan that a adequate natural buffer will be maintained between my property and the townhomes. All in all this development is much better than some of the other possible uses for this site, such as more apartment buildings. Thank -you for your attention in this matter. Sincerely, Je rol J. anson 1783 Howard Street Maplewood, Minnesota 55109 Phone:, 777 -9352 29 Neighborhood Survey - Southwind Page 2 November 22, 1993 Attachment 15 If you would like further information, please call me at 770 -4560 between 8 a.m. and 5 p.m. I will send you a notice of any public hearings on this application. Thank you for your comments. I will give them careful . consideration. THOMAS EKSTRAND - ASSOCIATE PLANNER mb Enclosures I am in favor of this NOW I have no comment. y I object to this proposal because If you object, describe below or draw on the enclosed map any changes that would make this application acceptable. If no changes would make it acceptable, how should this property be developed? Project: Southwind) Section 14) 1'movec Qf h ea- .pry nee h62r1?0aoc) 6eca&s of the IV oocs. /y say --1' SA C he ar'rs`Sunda 4P70 rn9- '-00 ,Thad ui« ho`haoe. h na naftFi- how ePhed the 6 ver -open is ,r, p 8serv) the nafurn Wl"LGIZ-1 , Qs far- as coreerneo aa'(Yl9 more fe ,cUh, is ClrevdyC Prbe.r, iii a. 1 have yrnrec'a.s increase i 1,5 sir fh PASf eZaO e 6yoradd ha` the 101o64Le. 61 /f fry,9 dq' Lar1D-je1)74(Za1--- _7LIra.O i64ja 6 ) le--- X0 1 ik7 Rl4 ;o ee re, ze po pro y ear's hrs Z,017d &e resfrved? fhe, ar7surP - fhe acre qhr y u. 1 a e1172 no - f soiree kov,y .eh f.lLove_ n i i m Y'. (' s e aehec/30- y A with my you sow, the 6eac.i Z,.-e e. frl Yl m sa. fhe. vace onQ.re,fpease dog o 7' J`hc a ,6co SOe )•e Dar-, are n <_ 1 S ci., 5 hn. 7h-e/ LOO Z - /2 O rCC7Pr a' /-400JG Srie, Z' a ee oofi eh-7 is re v .i,6c e Uhy C0uz--0 J the ci'cl s' e ami< homes Jusf o'7 i'2, L ma.ke ah r1 re.e.. I erhoO-e, `t dotes , 1 uii .?of //k Ll V) y here if' bias e-fO g e -s re , 10 c),,1r c. - ash 17 7T0 W ar4 5• VIC Y-%P- C- - 2, r 0/ 31 Attachment 16.. -- orth St. Paul Maplewood Oakdale School 622 Thomas Eckstrand Associate Planner City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Re: Neighborhood Survey - Southwind Homes Dear Mr. Eckstrand: OFFICE OF BUSINESS SERVICES 2055 E. Larpenteur Avenue, Maplewood, MN 55109 December 9, 1993 This is in regard to your letter of November 22, 1993 which describes the proposal of Southwind Homes to develop fifty -six town houses along Beebe Road north of Larpenteur Avenue. The school district has two concerns with the proposal: 1. We need an easement at the northern end of the property, west of Beebe Road, for future construction of a twenty -four foot wide . driveway to provide an additional entrance and more parking at this location. The City is aware of the traffic congestion created by the single entrance to Mounds Park Academy and our District Center from Larpenteur Avenue. The entrance from Beebe Road, which may need to be constructed next spring or summer, seems the only way to alleviate that problem.. 2. Vacation of the walkway easement on the north side of the property, east of Beebe Road, would require all school -aged elementary students residing in the area to be bussed to school. We would like to see a walkway to Furness Street provided somehow so those students can walk to Webster Elementary School. Please call if you need more information regarding either of these matters. Yours truly, Richar . Julander Director of Business Services RFJ : sc cc: R. H. Parrucci 32 612 770 -4603 • FAX 612 770 -4661 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Southwinds Homes, LLC applied for a conditional use permit for a planned unit development to develop a 56 -unit town house complex WHEREAS, this permit applies to the property on the east and west sides of Beebe Road, north of Larpenteur Avenue. The legal description is: Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition WHEREAS, the history of this conditional use permit is as follows: 1. On February 7, 1994, the Planning Commission recommended that the City Council this permit. 2. On February 14, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from 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 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. 33 7. The use would not create excessive additional costs for p ublic 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 lan approved b the City. The Director ofpppYtY Community Development may approve minor changes. 2. The proposed construction must be substantially tarted within one year ofYY Council approval or the permit shall end. The Council may extend this deadline for one year. I. The City Council shall not review this permit unless there is a problem. 4. The trees along the east and north. lot. lines shall not be disturbed except to construct a trail and wetland. 5. There shall be a homeowners' association responsible for maintaining the common land. The Maplewood City Council approved this resolution on 1994. 34 LOT AREA AND LOT WIDTH VARIANCE RESOLUTION WHEREAS, Southwind Homes, LLC applied for variances from the zoning ordinance. WHEREAS, these variances apply to a site plan received by the City on November 12, 1993. WHEREAS, these variances apply to two lots on the east and west sides of Beebe Road totaling 15.59 acres. The legal description is: Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition WHEREAS, Section 36 -88 of the Maplewood Code of Ordinances requires that each double - dwelling lot have at least 12,000 square feet of area and 85 feet of lot width. WHEREAS, the applicant is proposing lot areas of 7,140 square feet and lot widths of 70 feet. WHEREAS, the history of these variances is as follows: 1. On February 7, 1994, the Planning Commission recommended that the City Council these variances. 2. On February 14, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variances for the following reasons: 1. There is an unusual hardship. A homeowners' association will own and maintain the land that the developer would normally use to meet the lot area and frontage requirements. 2. These variances would meet the ordinance's intent since the project would meet the City's density requirement. 3. The City approved similar variances for the Holloway Pond Town House project. The Maplewood City Council adopted this resolution on , 1994. 35 VACATION RESOLUTION WHEREAS, Southwind Homes, LLC requested that the City vacate a ten - foot -wide walkway easement described as Document Number 243 7518. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this easement signed a petition for this vacation; 2. On February 7, 1994, the Planning Commission recommended that the City Council this vacation. 3. On February 14, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City vacates this easement, public . interest in the easement will go to Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition. NOW, THEREFORE, , BE IT RESOLVED that the City Council approve the above - described vacation for the following reasons: 1. It is in the public interest. The new easement will save trees and make it easier to identify the water line. 2. The developer will dedicate a new easement to the north of the existing easement. This vacation is subject to the property owner dedicating a new easement to the City. The Maplewood City Council adopted this resolution on ) 1994. w. Community Design Review Board Minutes of 2 -8 -94 VI. DESIGN REVIEW A. Southwinds Town Homes - Twin Home Development John Low, of Southwinds Homes LLC., asked if the area proposed as a turnaround area west of Beebe Road could instead be constructed as a parking area. Secretary Ekstrand said the drive aisle must be 24 feet if it is constructed for two -way traffic. Mr. Ekstrand agreed to work with the applicant to try to provide more space for visitor parking. The Board discussed landscaping and how the landscaping would be designed around the decks. Boardmember Anitzberger moved the Community Design Review Board recommend approval of the site plan, landscaping plan and building elevations stamped November 12, 1993 for the Southwinds Townhomes. The City conditions its approval on the following conditions: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. The developer shall complete the following before the City issues a building permit: a. Revise the plan as follows: 1) Widen the drive aisle for the seven parking spaces west of Beebe Road to 24 feet. 2) Provide at least 18- foot -long driveways for Units 23 and 24. b. Provide the following for the City Engineer's approval before the City issues a building permit: 1) A drainage easement around the proposed sediment pond and ten feet beyond the proposed wetland boundaries. This easement shall include the area between the east -west trail and the wetland to the south. This easement shall prohibit any mowing, cutting, filling or dumping, including yard waste. 2) A grading, drainage, utility and erosion control plan. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. Planning Commission Minutes of 2 -7 -94 3. Give the School District a driveway easement over the north 95 feet of the plat that is west of Beebe Road, 4. Sign an agreement with the City. This agreement shall guarantee that the developer will complete all public improvements and meet all City requirements. This agreement shall require that the developer: a. Install permanent signs around the edge of the drainage easements. These signs shall state that there shall be no mowing, cutting, filling or dumping beyond this point. b. Construct the east -west trail along with the Phase I construction. The trail shall be 12 feet wide for the first 200 feet from Furness Street and 8 feet wide the rest of the way. The first 200 feet shall be strong enough to support public works equipment. C. Install a five -foot -wide concrete sidewalk along Beebe Road from the north property line to Larpenteur Avenue. The developer shall install the portion of the sidewalk fronting each phase with that phase's construction. The developer shall install the remaining sidewalk no later than with the last phase. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. Commissioner Frost seconded Ayes-- Anitzberger, Frost, Gerke, Kittridge, Martin, Pearson The motion passed. Nay -- Fischer Commissioner Fischer said she voted no because she feels the north -south walkway easement along the eastern boundary on the old trolley line should be retained. Planning Commission Minutes of 2 -7 -94 B. Approval of the resolution which approves lot -area and lot -width variances for each lot, because: 1. There is an unusual hardship. A homeowners' association will own and maintain the land that the developer would normally use to meet the lot area and frontage requirements. 2. These variances would meet the ordinance's intent since the project would meet the Cites density requirement. 3. The City approved similar variances for the Holloway Pond Town House project. C. Approval of the resolution which vacates the east -west walkway easement, subject to the property owner giving the City a new trail easement. The easement shall be fourteen feet wide for the first 200 feet from Furness Street. The remainder of the easement shall be ten feet wide. The Williams Brothers Pipe Line Company must approve this easement before the City records the resolution that vacates the old easement. D. Approval of the Southwinds Townhomes preliminary plat. The developer shall complete the following conditions before the City Council approves the final plat: 1. Have the City Engineer approve the final construction plans. These plans shall include the grading, tree preservation, internal street, utility, erosion control and drainage plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. 2. Make the following changes to the plat: a. Show a drainage easement around the proposed sediment pond and ten feet beyond the proposed wetland boundaries. This easement shall include the area between the east -west trail and the wetland to the south of the trail. This easement shall prohibit any mowing, cutting, filling or dumping, including yard waste. b. Show the wetland boundary, as approved by the Watershed Board, on the plat. C. Move the east -west walkway easement north to generally follow the water line and designate the easement for trail use. Widen the first 200 feet of the east -west trail easement from Furness Street to fourteen feet to accommodate public works equipment. The Williams Brothers Pipe Line Company must approve the new easement before the developer begins to construct the trail. Planning Commission Minutes of 2 -7 -94 VII. NEW BUSINESS A. Southwinds Townhomes Secretary Olson presented the staff report. Commissioner Frost asked staff to comment on the location of the north/south sidewalk and the possibility of constructing this as a 10 -foot paved trail to be used as a walking and biking trail. The Commission discussed widths and materials used for trails and discussed some past projects where trails were constructed. John Low, Derek Passe, and Larry Alm were present representing the applicant. Derek Passe, of Passe Engineering, said that the walkway, whether through the wetlands or in the proposed location, would require approval from Williams Brothers Pipeline for an encroachment within their easement. Mr. Passe said that if the walkway is located through the wetlands, it would have to be demonstrated to the Watershed District that there is no alternative to the wetland fill and obtain a permit for construction. He said that obtaining this permit from the Watershed District would require a minimum of sixty days. Commissioner Martin moved the Planning Commission recommend: A. Approval of the resolution which approves a conditional use permit for a 56 -lot planned unit development. The permit is based on the findings required by code and subject to the following conditions: 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 Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall not review this permit unless there is a problem. 4. The trees along the east and north lot lines shall not be disturbed, except to construct a trail and wetland. 5. There shall be a homeowners' association responsible for maintaining the common land. Community Design Review Board Minutes of 2 -8 -94 C. Revise the landscape plan showing that: 1) All deciduous trees are at least 2 1/2 inches in caliper, balled and burlapped. 2) All evergreen trees are at least six feet tall. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. C. Install permanent signs around the edge of the drainage easements. These signs shall state that there shall be no mowing, cutting, filling or dumping beyond this point. d. Install an underground sprinkler system for all landscaping (code requirement). e. Provide an address sign at the main entrances for the buildings that do not have direct access to a public street. Put address signs on the buildings. f. Post the driveways for no- parking on one side. g. Sod all proposed turf areas up to the drainage easements. Turf areas shall not include land planned to remain natural. h. Move the east -west walkway easement north to generally follow the water line and designate the easement for trail use. Widen the first 200 feet of the east -west trail easement from Furness Street to fourteen feet to accommodate public works equipment. The Williams Brothers Pipe Line Company must approve the new easement before the developer begins to construct the trail. i. Construct the east -west trail with the Phase I construction. The trail shall be 12 feet wide for the first 200 feet from Furness Street and 8 feet wide the rest of the way. The first 200 feet shall be strong enough to support public works equipment. Community Design Review Board Minutes of 2 -8 -94 j . The developer shall install a five- foot -wide concrete sidewalk along Beebe Road from the north property line to Larpenteur Avenue. The developer shall install the portion of the sidewalk fronting each phase with that phase's construction. The developer shall construct the remaining sidewalk no later than with the last phase. 4. Having the location of each building staked by a registered land surveyor. 5. If any required work is not done, the City may allow temporary occupancy if: a. The City decides 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. C. The City receives an agreement that will allow the City to complete any unfinished work. 6. -T All work shall follow the approved plans. The Director of Community Development may approve minor changes. Boardmember Robinson seconded Ayes - -all MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Barbed Wire Fencing DATE: January 12, 1994 INTRODUCTION You asked for a memo on the City's requirements for barbed wire. BACKGROUND Endorse Modifi e ...... Re j ecte .._,....: Date On January 28, -1985, the City Council adopted a new fence ordinance. The new ordinance prohibited barbed wire fencing, except to fence in livestock on a farm. The former Director of Public Safety recommended -this. He felt that barbed wire was a safety hazard. On October 29, 1990, the City asked Metcalf- Mayflower to remove the barbed wire from their fence. A break -in occurred at Metcalf- Mayflower over new year's weekend. At least eighteen vehicles were _ vandalized. There were complaints that the City did not allow Metcalf - Flower to keep their barbed wire. The City does not allow barbed wire within four feet of the property line, except - to fence in livestock on farms. The ordinance allows the City Council to approve an exception from this requirement. Metcalf - Mayflower has not applied for an exception. DISCUSSION There should not be a safety hazard if the City limits barbed wire to taller, commercial fences. We would prefer to have a minimum height of eight feet. National crime prevention standards recommend barbed wire on commercial fences that are eight feet or more high. Fridley, Bloomington and Eden Prairie allow barbed wire fences under similar circumstances. Metcalf :Mayflower's fence is 6 -6.5 feet tall. While not as good as eight feet, six feet is acceptable. RECOMMENDATION Approve the attached ordinance. This ordinance allows barbed wire on commercial fences that are six feet or more high. Action b C go \b- 6:barbed.mem (5.6) Attachment: ordinance ORDINANCE NO. AN ORDINANCE THAT ALLOWS BARBED WIRE FOR COMMERCIAL FENCING THAT IS AT LEAST SIC FEET TALL Section 1. Section 9 -3 (5) of the City Code is changed _ tY as follows: (I have underlined theg additions and crossed out the deletions.) 5) Barbed wire fencing shall ogly be used to fence in livestock on a farm and for fencing commercial uses that is six feet or more high La 'L.V%.# Section 2. This ordinance shall be effective after the City publishes the ordinance in the official newspaper. The Maplewood City Council approved this ordinance on February 19940 2 r- a MEMORANDUM Action by Council Endorsed.. TO: City Manager Modifi e .° FROM: Thomas Ekstrand, Associate Planner Ro°ecto SUBJECT: Community Design Review Board Ordinance Date DA.TE: December 29, 1993. INTRODUCTION The staff is requesting that the City Council change and update the Community Design Review Board (CDRB) ordinance. BACKGROUND On 6, 1978, the City Council dropped a requirement that the CDRB must forward a recommendation to the Council within twelve days of someone submitting an application. DISCUSSION The Code gives the staff only ten working days to review an application and forward a recommendation to the CDRB. We have not always been able to meet this deadline. There are five reasons for this: 1. The number and complexity of regulations have increased. Three examples are wetland, shoreland and tree preservation regulations, 2. Getting comments from other agencies often takes more than one week. Many applications require that we get input from the Department of Natural Resources, the Minnesota Department of Transportation, the Ramsey/Washington Metro Watershed District, the Army Corps of Engineers, Ramsey County and the Ramsey Soil and Water Conservation- -District. These agencies have their own deadlines to meet and may not be able to comment to the City within our time frame. 3. We like to survey surrounding residents when an. application effects them. Ten working days is not long enough to send out a survey and get replies. 4. There are times when our work load is too large to review all CDRB applications within ten working days. 5. This deadline forces us to review CDRB applications before other work. There may be reports for the Planning Commission or City Council that have a higher priority. For example, controversial preliminary plats, such as Oak Ridge or the Maplewood Estates 2nd Addition, take a long time to review. State law requires that the City act on a preliminary plat within 120 days. Therefore, we must give priority to preliminary plats that are approaching this deadline. We also try to give priority to reports for the City Council. The Council often gives us specific deadlines to meet. The attached ordinance: 1. Drops the ten - working -day deadline. 2. Requires that the staff notify surrounding property owners of CDRB meetings, unless the City Council will hold a hearing on the project. We have been doing this, but the City does not require a notice. We feel that it is important to give neighbors the opportunity to testify at board meetings. 3. Drops the references that the CDRB "shall make a recommendation" to the City Council. Section 25-65 1gves the CDRB the authority to approve plans. The City Council, however, has fifteen days to appeal any CDRB decision. RECOMMENDATION Adopt the ordinance on page 3. go \b- 6:cdrbcode.mem (5.3) Attachment: ordinance K ORDINANCE NO. AN ORDINANCE CHANGING THE DUTIES AND RESPONSIBILITIES SECTION OF THE COMMUNITY DESIGN REVIEW BOARD ORDINANCE The Maplewood City Council approves the following ordinance: (I have underlined the additions and crossed out the deletions.) Section 1 . This section changes Section 25 -66 Section 25 -66. Duties and responsibilities -- Generally. The duties and responsibilities of the community design review board shall be to: 1) Review T^ pDTT1 LSTAT all building plans, except proposals excluded from_ review an]]under section 25 -65. The board shall review sign applications s....AA as re uired stated in article III of chapter 360 2) Mpr_, modify, deny or table ' me %d. Lii3L %e %alLt ' as, any matter they review rc ' T °a LAX it. The board, however, shall not review interior designs er- -i .per 1wr»Htn hf trntyran 3) Hold regularly scheduled meetings to advise an applicant of the date, time - -- - and place when the board will review the applicant's application 14 °r° 3'te The staff shall notify the pro ee= owners within 350 feet of the applicant's site of the meetinz. unless the Citv Council will hold a hearing on the applicant's project. 4) Make a it-& decision r-eeeaunefidatie to t14e p to „,,,,,,,; based on a staff ease report the findings required by the Code pre and the applicant's _ presentation. - nrtinn erg to to an evtea 5) JPr are e a report to the city council by January thirty first of each year outlining the board's °ora actions and activities during the preceding year The report may include recommended ' changes including, but not limited to, ordinances and /or p_edures W;r-16 t131Q LAPrd MP214 doarA jdQQ1rnLjn 3 Section 2. This ordinance shall take effect after the City approves this ordinance and has it published. Approved by the Maplewood City Council on . 11993. 4 Community Design Review Board Minutes of 12 -28 -93 2- Boardmember Thompson move the Community Design Review Board recommend adoption of the resolution whic approves a conditional use permit for 1940 East County Road D. The permit allo s the replacement of the roof -top mechanical units with new, unscreened uni The pity bases this permit on the findings required by the code and subject o th)Lfollowing conditions: 1. All shall follow e plan that the City stamped November 24, 1993. The Director of Com.. ty Development may approve minor changes. 2. The City Council shall of revie this permit unless a problem arises. 3. The roof -top mec 'cal equipme t shall be painted to match the upper -most color of the b ' g. Boardmember 'tzberger seconded. Ayes - -all B. Code Change - Community Design Review Board Ordinance Secretary Ekstrand explained the staff report for the proposed changes to the code and answered questions from the Board. The Board discussed eliminating the 10- day rime limit for applications. The Board made some additional changes in wording to the ordinance. Boardmember Thompson moved the Community Design Review Board recommend adoption of the ordinance changing the duties and responsibilities section of the Community Design Review Board ordinance, revising #2 of the staff report to read modify' instead of "change" and #5 to read "Prepare a report to the City Council by January thirty-first of each year outlining the Board's actions and activities during the preceding year. The report may include recommended changes including, but not limited to City ordinances, City codes and/or procedures." Boardmember Anitzberger seconded Ayes - -all VII. VISITOR PR SENTATIONS There were no 'si r presentations. VIII. BOARD PRESE ATIONS There were Boar presentations. ORDINANCE NO. Amending Sect. 2.1. Sect. Disposal of Public Real Property Pursuant to Sect. 412.211, Minnesota Statutes, the City is authorized to sell, convey, lease or otherwise dispose of such property as the interest of the City may require. The City shall not sell, convey, lease or otherwise dispose of publicly owned real property acquired in whole or in part with the proceeds of bonds issued pursuant to the public referendum held November 2, 1993 unless: Cad The proposed disposal has been referred to and reviewed by the City Planning Commission pursuant to Sect. 462.356, Subd. 2, Minnesota Statutes; and Cb, The City Planning Commission has reported, in writing, to the City Council relative to the proposed disposal as required by Sect. 462.356, Subd. 2, Minnesota Statutes; and c) The City Council approves said property disposal by a 4 /5ths vote of all its members after three public hearings. Section 2. This ordinance shall take effect and be in force from the date of its passage and publication as provided by law. Amendment to (c): The City Council approves said property disposal by a 4 /5th vote of all its members after three public hearings. AGENDA NO. 4 F AGENDA Action by Council:G A REPORT Endorse TO: City Manager Re j ectecL FROM: Assistant City Manager U Date RE: OPEN SPACE COMMITTEE'S UPDATE OF PROPERTY PRIORITIZATION DATE: February 4, 1994 INTRODUCTION The new Open Space Committee toured the top priority sites and is submitting an updated list for City Council consideration in the acquisition process. The Committee's list is attached. DISCUSSION The original list was submitted to the City Council in the fall of 1992. Since that time, the status of some properties had changed. The new Open Space Committee was directed by the City Council to review the original recommendation of priority properties. Their recommendation is attached. They noted that only two changes had been made. Site ##124 is currently under development with the Maplewood Cottages, and Site ##159 will not be developed by MnDOT. RECOMMENDATION It is recommended that the City Council accept the Open Space Committee's updated property list to use in the acquisition process. tm c Attachments Maplewood Open Space Committee February 1, 1994 Gretchen Maglich, Assistant City Manager City of Maplewood Maplewood City Hall 1830 E. County Rd. B Maplewood, MN 55109 In re: Update of Property Prioritization Dear Gretchen: Attached is the updated Open Space Property Prioritization, which ranks the properties we are recommending the city purchase for open space. Please notice there are two changes from the previous prioritization list: the removal of sixth place property number 124, and the addition of property number 150, the DOT property. The committee has recently revisited each of the properties on the previous list to verify there were no drastic physical changes (a.k.a. development) which would diminish the ro ert ' sppY value as conservation open space. We found one effected property, number 124, which is now growing townhouses. Consequently, this property was removed from the new list. On the other hand, it is our understanding that property number 150, the DOT property, is no longer under as intense pressure from the DOT. While this property does not rate within the top 14 properties, it does rate higher than the previous property listed for neighborhood 2 in the "top rated properties in remaining neighborhoods" category. Therefore, we added property number 150 as an alternative for neighborhood 2. Please feel free to call me at home or at work with any questions. Sincerely: Dominic Ramacier, Chairman Maplewood Open Space Committee 865 Lakewood Dr. S. Maplewood, MN 55119 h 735 -5456 w 296 -3722 1 Property Prioritization Acres Ranking ID #Nghbrhd Property Description 148 2 N. of Gateway Trail, W. of Arcade 5 11 1 160 12 S. of Linwood Av, E. of Linwood Ct. 6 N. of Gateway Trail, E. of English _ N/A 173 Gervais outlots E,F, and G) 28 1 153A B SW Corner of Larpenteur and Century Priory Property) 30 3 153B 8 N. of C &N RR, E. of pipeline. Second phase of Oak Ridge) 32 3 132 8 S. of Ripley at Myrtle, W. of Sterling 31 5 156 9 S. of Maryland, E. of Lakewood Dr. 39 6 151 1 S. of Cnty Rd B, W. of Soo Line RR 27 6 142 7 SW. corner of English and Frost 69 6 161 B 12 S. of Linwood, E. of future Sterling 8 9 108 4 SW. corner of Hazelwood and Beam 25 9 159A 11 SE. corner of McKnight & Lower Afton Rd. 12 9 159B 11 S. of Lower .Afton, E. of 159A 69 9 161A 12 W. of Sterling, N. of Highwood 11 13 116 3 N. of Spoon Lake, E. of Arcade 15 13 161 C 12 S. of Linwood, E. of future Sterling 407 Top rated properties in remaining neighborhoods. 150 2 D.O.T. Property or 3 148 2 N. of Gateway Trail, W. of Arcade 5 1030 5 N. of Woodlyn, E. of Ariel 2 140 6 N. of Gateway Trail, E. of English _ N/A 173 13 E. of Sterling MttiwJffWJ..f.I /A VYfM ctrl. trA .rl•Vfr•.•rIN/.r rti fVr•`f1ti r E • f a7•s.^t •. .. l ft f 41.1rIV . r. s i1j 15 w'r' - + i • .: 1 1 S N nil j ` T C = f J .y [ ff' ~ .r ^ ^r^7'" f .w+'w* i ri TV irrw * ,/frlrw r r.7v7 r t .n.r•ir..Y ` _. 7 t.: 'r .,r.3 rr' L •d' t j • w. • c { I t 3 , C Wr'; '`fi t trr I r "''' 1 ' . j''.'rt f •A i y .•...1•' t 4'T^'•'}.'- C .. L j Vet rywlNl tirrrf..+...r..7+•+ t " t ,....'•+ rp'v` ; J l % t i i = j ( r = 1 L _ ir ' ;' ` . E Lj i - g •• i ' 4 '' ' t ' i t W.1r : f , l I t ' i ? •Y. ..... L t 7 t i J ! t.f { • v+.f.rr . 7 ; t ` I l . y Jf.yAy.jsv..rvj. .+.• 1 t r t 1 i E. t rw+r ? Y....i..t..t..,4. Maplewood , OPEN SPACE c,Pl Top Rated Areas rm i t 1 i S i L.r•. AGENDA N0. J t, AGENDA REPORT TO: City Manager FROM: Assistant City Manager 6 ,U,auo V RE: COMMUNITY CENTER CONTINGENCY REQUEST DATE: February 4, 1994 INTRODUCTION Aotion. by Council Endorsed Modif i e Rej e±0teA Bate The Community Center project is approximately 50% complete. This is a request for the City Council to make 16 separate changes which effect the construction contracts. City Council approval is sought for four change orders totaling $106,940.75: increase Steininger's contract by $32,618; increase Adolfson & Peterson's contract by $68,267; decrease Doody Mechanical's contract by $2,103; and increase Hunt Electric's contract by $8,159. If approved, the contingency account for the community center project will be $292,500. DISCUSSION The proposed changes will be discussed for each contract. Steininger - Soil Additional fill was needed on site as documented in the Architect/Construction Manager's Report #1 late last year. The soils corrections contract was awarded to Steininger, and the contract will change as follows: Current Contract $247 Proposed Change Order #3 32,618 Amended Contract $280,382 Adolfson & Peterson - General Construction The contractor responsible for the general construction is also involved with the fill during construction. This change order reflects the additional soils that his subcontractor has delivered to the site, $37,728. A &P's contract also is being changed by the addition of roof scuppers - $2,244, additional support steel in the stage area - $1,159, larger steel studs in the theater - $25,279, a change in the color of shower room partitions - $754, and the use of a custom color of silicone sealant on interior walls - $1,103. Current Contract $5,401,949 Proposed Change Order #3 68,267 Amended Contract $5,470,216 It should be noted. that the construction manager anticipates another $45,000 change order for soils this spring under the A &P contract. Doody Mechanical - Mechanical Contractor - A change was made in the pool dehumidification system to ensure the warranty of the system a deduct of $8,865. A change in the design of the roof drains caused a $6,378 addition; the deletion of a duplicated hand sink in the kitchen is a $117 deduct; separation of a drain in the pool area is a $931 addition; piping to a water fountain that was not included in the original design is a $283 addition; a change in deck drains from stainless steel to nickel bronze is a 2,196 deduct; and a Dept. of Health required backflow preventer in the pool is a $1,483 addition. Current Contract $2,126,633 Proposed Change Order #2 (2 Amended Contract $2,124,530 Hunt Electric - Electrical Contractor The transformer needs to be relocated for better access. This requires the addition of copper line - $8,159. Current Contract $937 Proposed Change Order #2 8 Amended Contract $945 The Change Order Committee reviewed the details with the Construction Manager and Architect. The Committee is recommending approval of the contract changes. RECOMMENDATION It is recommended that the City Council adopt the four attached resolutions which approve the changes to the contracts for the Community Center. DIRECTING MODIFICATION OF'EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract for the grading and soils corrections; and WHEREAS, the soils engineer has found unsuitable soils for safe and proper foundation and support for the building; and WHEREAS, the contract with Steininger Construction contains unit prices for the removal /on -site disposal of poor soils and the import of clean fill; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project Grading and Soils Corrections Change Order 3 to allow the recommended soils corrections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3 in an amount of $32,618. The contract is amended per the following detail: Current Contract $247,764 Change Order ##3 32,618 Amended Contract $280,382 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract with Adolfson & Peterson for general construction; and WHEREAS, the soils engineer and construction manager have found unsuitable soils for safe and proper foundation and support for the building and are recommending changes in design and construction; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project A &P Change Order 3 to allow the recommended changes in design. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3 in an amount of $68,267. The contract is amended per the following detail: Current Contract $5,401,949 Change Order #3 68,267 Amended Contract $5,470,216 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract with Doody Mechanical, Inc; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project Doody Mechanical Change Order 2 to allow the recommended changes in design. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change 'Order 2 "in ' an - amount of .($2,103). The contract is amended per the following detail: Current Contract $2,126,633 Change Order 2 (2 103 Amended Contract $2,124,530 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract with Hunt Electric; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project Hunt Electric Change Order 2 to allow the recommended changes in design. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 2 in an amount of $8,159. The contract is amended per the following detail: Current Contract $937,656 Change Order 2 81159 Amended Contract $945,815 i C.O. e2 Summary PA NO. MEM NO. OE9CFWv win ST A & P i DOC=HUNT TOTAL P.A. 4 AN items Rwiw pad dehumidifier 0.00 0.00 8,865.00 0.00 0.00 0.00 a 865, 00 0.00 8 5 1 Add ten 10 roof scuppom 0.00 2,244.00 0.00 1 50.00 2 Pipe two 2 internal O.0's s• rate 0.00 0.00 6,378.00 0.00 0.00 2,244.00 6,378.00 0.00 8,622.00 6 1 Trandormw baation 0.00 0.00 0.00 8,159.00 2 Delete hand sink from 15000 0.00 0.00 117.00 0.00 0.00 0.00 117.00 8,159.00 6,042.00 RFTs A40 13 Stets Lintels at theatre ;;; Sanitary i 0.00 50.00 1 616.00 0.00 0.00 0.00 0.00 0.00 D 17 022 028 032 Trench drain Plpi2g to Room 303 Deck drains to nkakel brort• from s.s. 8acidlow pnrmMor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 931.00 283.00 2,196.00 1 0.00 0.00 0.00 0.00 0.00 616.00 301.00 0.00 1,117.00 Mbe Dirt Set Pkoport 01 Dirt Set PAnwrt !1 Sheet E9 Stnx3urai Revisions Stnxtural Steel Studs 32,517.75 0.00 0.00 0.00 0.00 37,728.00 543.00 S-26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Shower Partition Color 0.00 754.00 0.00 0.00 Sealant Color 0.00 61,103.00 0.00 0.00 32.617.75 0,00 0.00 Date 217/94 CHANGE OWNER EX City of Maplewood RCHITECT L' AKRW Architects,, P.P.A. ORDER ARCHITECT AIA DOCUMENT G701 FIELD Ey McCraugh, Construction Manager OTHER p Maplewood Community Center Bid Pk 2 42PROJECT2100White'Bear Avenue CHANGE ORDER NUMBER: name, address) Maplewood, MN 55109 DATE: February 4, 1994 TO CONTRACTOR: Steininger Construction Company ARCHITECT'S PROJECT NO: 92076.00 name, address) 3074 South Lexington Avenue St. Paul, MN 55121 CONTRACT DATE: June 8 1993 CONTRACT FOR: Mass Excavation & Site Utilities The Contract is changed as follows: Make the following corrections (which are beyond the scope of the Contract Documents) as directed by the Owner's soils engi- neer, at the unit prices stated on the bid form: Import and place 4,499 cubic yards of fill in the parking lot area, at the unit price stated on the bid form of $7.25 per cubic yard Total: $32 TOTAL $32, 617.75 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( ) was ........................ $124 Net change by previously authorized Change Orders ............................... $123,764.46 The (Contract Sum) ( ) prior to this Change Order was ..........247 ,764.46 The Contract Sum G - aat@ @E N4 4i@e will be (increased) ( ) by this Change Order in the amount of ............................ $ $32,617.75 The new (Contract Sum) ( ) including this Change Order will be . S $2$0,382.21 The Contract Time will be (' ) (unchanged) by No ( 0 ) day's. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This sumnlar\• does not reflect changes in the Contract Su111, Contract Time or Guaranteed Maximum Price which have been authorized b\ Construction Change Directive. Construction Manager: McGough Construction ARCHITECT CONTRACTOR OWNER Address Address Address St. Paul, MN 55114 St. Paul, MN 55121 Manlewood, MN 55109 BY BY BY DATE DATE DATE coCAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA° • ©1967 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701 -1987 WARNING: Unlicensed photocopying violates U.S. copyright Ims and is subject to legal prosecution. r . . }..; yrt °.+ .". ... yam ... . , : _ ^ .. 7s s w wi w.11 Y:. r.:, ' } J. s. -fJ 7: ••. +.• - ' ..G: 3F. .i11r. f' tc ,' r ` `: r ' s,'ySki:` fi > ,, a •i ':. -- '+NU.' . 'j'.y. "a + ''.`,i'+ t , (' 1 ! y4 yt.t ' . /y .3. 7 '. w K .w c''# iji .Ct``^fLSz' ', ' , .y K - .{ty r .. Jjj l rte r yFl :, 5, ,„7,ai . r . y .w A '/ ' -yyJ fQ .,f: .%' '{._l7. f 1. ' • i'k• !` . t •3`'- . Swi t.ii.: Y is `:-. t I Y }r_.. ,e .C: . , .: y :t`..,i•*,...r;ryT'" t _, • ar: _' !! a Y'^' .`'i 5. y / y`' •Y "^ t ?',.,. Ay . "17', f7:'ti,JOI NAME /LOCATION ( {( } - { .r . ` 41 ' j N % r. TO t't .of, ---------- -...._ ___. ._...._ ................__....._i y M . Maple1 r6.. _.. - - -.-- - - - - --Ms. lewood Communi.t Center . ti 1 s3o East county-- Road___B ___.._..._ ... ............ ..._........_._ JOG NUMBER JOB PHONE 21 2 EXISTING CONTRACT NO.DATE OF EXISTING CONTRACT We hereby agree to make the change (s) specified below: Extra to contract:.. .... _ _ ............. ................. - ._.. Granular- • imported__and.. _plac.ed...in ..parking. ..lot...from ._823• -93-.- to..1. 0! -2:8- -9.3-: - .. -- ......_ ......___ -.. _- ........ 4,499 - -. cubic.. ards.._e..._$7.25 c..y_ - =. ._$32,61..7...7.5_._........... - -_____ _........ -- - -- ......_..___.._...._._....._ ............................ ........----- NOTE This Change Order becomes part of and in conformance with the existing contra WE AGREE hereby to make the change (s) specified above at this price $ 32,61 75 DATE PREVIOUS CONTRACT AMOUNT AUTHORIZED SIGNATURE (CONTRACTOR) REVISED CONTRACT TOTAL ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby . ac- Date of acceptance cePted. All -work to be performed under same terms and conditions as specified in original contract unless other- Signature wise (OWNER)se stipulated 9 4 ca 8: c : ca FAX1 u 1 A- 7 7 3 1l1 ( _ c al U c H c.' ca N S T. 3 02x09/94 16 29 oa612 645 0079 AKRW ARCHITECTS MCCOUCIH C:ONS^t'. CO 1 OQ 1 CHANG c WNIFn City of NIAPICWQW t+.10 i1TEz!T AKRW Aidilects, ORDER t;ON`iTRACTC)R n ManMcGOUgh. Ctstcto a$ er IIIA DOCOMRAIT C701 FIELD 9 OTI•1 [9 Cl Thc Contract is changed .is (•ollows. Add the '4 OfIL tefuTM:L:d in P Recluest.W5, RPT #A40 and than following misrXli3ncvug itcrM .into the Project aCope: Impon 4 ,192 cubic yards of fill at the unit 1aict stated on the bid form tsf $9.00 par cubic, yard. Malm s:tructural rr,risitms as 1)v" Qn $hop Drawirt ahoet 1,9. hxr gaup and add stmcwral 5=1 5tuds for 9uppuft of exterior WaLU SySlems. Rcviac shower Ntrtitioo color. Provide custom color ,tiliconc, sealant for exterior wail carow3ction_ A cost bre kdown of tfit abov is conWinW Oil dK aui shed PC'.O,#' - summarY which is h<:rcnby madc putt of ttti-s documont Not vailld until al9nod by the Owner, Architect and Corrtrac#Qr. S29,649.00 5 The orWnd (Con Lr -act . ..... ..... $ Nct change b prcviously authorifcd c ;hAngc Orders ..... _ . _ ..................... S 1'I1C .1 gc- Q rc k r w:a-% ... . The (C;ontncl Sum) will be (incmLrK -fl) ( •t,i- ;-t uAcnhan ) by This Changc Ordcr in (ht X>>aunt Of .............. , ........ , s Th i)cw ( C0111ract SUM) {t - i c) R' It:IUdL A this change Ur"Icc will tv b Tlti` CoricrAcl Ti.n)c +Mill Ix ( La•c .- ,.- ,. {u, by Trig t]akf: c?t :7Ut7t:ul ti.ii+l«1.. '&., ..1 .l.z - 1..l:i if t1kip Cjt"tAo i.i lnf rl)rrr(f)rr Ili 6$,267 5,470,21.6.00 No 0 d.1yS. Septemb T 1. 1 N "( 'T111 S.ttt17:1f' ck -' lti)f Ctt7 t.h:tllR in lhL: (:()rt[rJ•_1 Tinit or C,ILkr uiwtziI S'ri,.v Alhlth M.AvL h(_Cr? 3UTh•)r17,cJ 07 CJUnrkt011 C:ti;r1 fly` 1 11r,- CiVe'. W Arct iWC _ _ A,olf n Fctrx• on ARCHT'I' Crr 3l F_.symond Av>i Suilve E 01 West 23rd 5t t o l MN '55114 1Yiii MN 5X26 Ti DAIII. Cit of M- aplewaad t'IlR 1930 F-.;ast C Ro, B Mnplcwoo MN 5S 109 OATY CAUTION- You 6hovId sign an original AIA document which has this c p in red, tw An orig aasuroa that ch.an e9 will not be obscured a$ may occur when documents are reprQtttced. A1A ploCoLgE QM (',11AN(rL 17RI)I:R )fyH: IIYIIti A(A ,I I Q '1 111: G701-1987ALMERiCNNSTITi)Tf (..it' AKU l'1'ECI'5. 171 NEVI Y0 WE , N.V'.. WAM1N {,1')N, 1.::. _'tXKxr WARNING' Unilconsed photocA)Y4A .rletntM U.S. prryrtgni laws aar le R1abt to jrgnj proa,ecutlon_ Moplewool Corn - unity Center A.$F PROJECT:21 'whi ,BerAVC1iu c :IA.N( t C)rzlttt Nt .,nnt".ra: na.t7t°, acltirc:s)Mzplewood,, MN 5 .510 9 DATE:rebtui 4, 1'94 TO CONTRACTOR:Adoltpon & Peterson* Ins ARt :920'16.0 namt, address)6701 Wc.Ia 23rd S4rr1 Min caploi., MN 55426 r1'rF,:July 12,1993 R-Icmi Consttwti4n Thc Contract is changed .is (•ollows. Add the '4 OfIL tefuTM:L:d in P Recluest.W5, RPT #A40 and than following misrXli3ncvug itcrM .into the Project aCope: Impon 4 ,192 cubic yards of fill at the unit 1aict stated on the bid form tsf $9.00 par cubic, yard. Malm s:tructural rr,risitms as 1)v" Qn $hop Drawirt ahoet 1,9. hxr gaup and add stmcwral 5=1 5tuds for 9uppuft of exterior WaLU SySlems. Rcviac shower Ntrtitioo color. Provide custom color ,tiliconc, sealant for exterior wail carow3ction_ A cost bre kdown of tfit abov is conWinW Oil dK aui shed PC'.O,#' - summarY which is h<:rcnby madc putt of ttti-s documont Not vailld until al9nod by the Owner, Architect and Corrtrac#Qr. S29,649.00 5 The orWnd (Con Lr -act . ..... ..... $ Nct change b prcviously authorifcd c ;hAngc Orders ..... _ . _ ..................... S 1'I1C .1 gc- Q rc k r w:a-% ... . The (C;ontncl Sum) will be (incmLrK -fl) ( •t,i- ;-t uAcnhan ) by This Changc Ordcr in (ht X>>aunt Of .............. , ........ , s Th i)cw ( C0111ract SUM) {t - i c) R' It:IUdL A this change Ur"Icc will tv b Tlti` CoricrAcl Ti.n)c +Mill Ix ( La•c .- ,.- ,. {u, by Trig t]akf: c?t :7Ut7t:ul ti.ii+l«1.. '&., ..1 .l.z - 1..l:i if t1kip Cjt"tAo i.i lnfrl)rrr(f)rr Ili 6$,267 5,470,21.6.00 No 0 d.1yS. Septemb T 1. 1 N "( 'T111 S.ttt17:1f' ck -' lti)f Ctt7 t.h:tllR in lhL: (:()rt[rJ•_1 Tinit or C,ILkr uiwtziI S'ri,.v Alhlth M.AvL h(_Cr? 3UTh•)r17,cJ 07 CJUnrkt011 C:ti;r1 fly` 1 11r,- CiVe'. W Arct iWC _ _ A,olf n Fctrx• on ARCHT'I' Crr 3l F_.symond Av>i Suilve E 01 West 23rd 5t t o l MN '55114 1Yiii MN 5X26 Ti DAIII. Cit of M- aplewaad t'IlR 1930 F-.;ast C Ro, B Mnplcwoo MN 5S 109 OATY CAUTION- You 6hovId sign an original AIA document which has this c p in red, tw An orig aasuroa that ch.an e9 will not be obscured a$ may occur when documents are reprQtttced. A1A ploCoLgE QM (',11AN(rL 17RI)I:R )fyH: IIYIIti A(A ,I I Q '1 111: G701-1987ALMERiCNNSTITi)Tf (..it' AKU l'1'ECI'5. 171 NEVI Y0 WE , N.V'.. WAM1N {,1')N, 1.::. _'tXKxr WARNING' Unilconsed photocA)Y4A .rletntM U.S. prryrtgni laws aar le R1abt to jrgnj proa,ecutlon_ M 1S4i i AWLFSON & PETERSON INC A A6701W23RDSoNK5 MINNMAPOLIS MN 55426 612 544 -1561 L ETM OF TRANSMITTAL No . 00127 Project: MAPLEWOOD COMM CEN'T'ER Job XCGOUGH CONSTRZTC'MN zzoo W=TZ BEAR AVENUE MAPLEWOOD MN 55109 Attn : Nn DRIPPS RE !R4P PEQ 14 X"I"C?OD COMM CENTER MAPLEWOOD MN X Attached Separate Cover Via: October 18, 1993 Shop Dwg Prints Plans samples Specif ications Letter Change Order Other. Copies Date Item Number Description 1 1SOCT93 PROP REQ # 4 These above items are transmitted for your action as noted Transmitted by: Signed: By: X1 TT AEr. a QuiL„TYDatee. 3201 cc: X For Your Use Approved As Submitted Resubmit Copies For Approval As Requested Approved As Noted Submit Copy For Distributio Bids Due:Retu=ed LAfter Loan Return Copies Corrected Print THERE APPEARS To BE NO COST INVOLVED WITH THIS CHANGE TO US Transmitted by: Signed: By: X1 TT AEr. a QuiL„TYDatee. 3201 cc: Ade -104A I I N - 7otai Construction Services" 6701 Went 23rd Street Ming Address: P.O.6wc 8377 525-2333 Minneapolis, Minnesota 55426 Mimeapops, MMtt 66440 ( 612) 544-1561 FAX (612j6252334 Md'raugh Construction Co., iNC Ol NOVEMBER 93 2100 White Bear AV Mapiewood, Mn 55109 311 3 Attu: Ned Dritpps NOV 1993 R,e:Proposat Request #5 N Maplewood C.ammmuiityCenta 2 Gentlemen, PIease Review these cost for Proposal Request # 3. Only item l applies to us. tee# 1 -Add rood 3P splashi blocks LABOR NUTERLAL TOTAL soasb blocks 6ea 10.00 $60.00 35.00 $ 210.00 S 270.00 Subtotal $270.00 LABOR INSURANCE @ 25.5% $ 15.00 TAX ON MATERLALS 6.5% $ 14.00 0~ SUBTOTAL IS 299.00 CONTRACTORS OVERBEAD & PROFIT 10% SL 30_00 TOTAL, COST CONTRACTORS WORK $ 329.00 COST Sub TOTAL LUBCON'I'RACTOR 1LS $1915.00 $1915.00 SUBTOTAL $1915.00 CONTR OVERHEAD & PROFTr 5% S 96.00 TOTAL COST SUBCONTIL STORK 51915.00 TOTAL COST S MEM 52244.04 11/18/93 10:45 FAX 012 770 9239 YCGOUGS CONST- Co 10004 Please include the am I of $2244.00 in a order to cower these menus. please call if there are any questions. Sincerely, Adojfspn & Peterson Michael A Quilty Project ManaM encl. cc.-Clayton,file f 400 NO xv: S& v r Q1c I r a a.cva vv DC i-20-19M JS: 34 F CENTRAL PDT IM MANY M X33 P.Oi A4wars CENTRAL ROOFING 'COMPANY SINCE 1929 — Frown— X10 MNN SL N.B, IP'Ot. 18166121 Ibdi'g 4 t pow Mlbik • LqOp October 29, 1993 A001 ftan a Peterson, Ino. slo 1 West 22t d Street , Mi nneapol s, M1 nnesots 55426 Attn.-,' Mii chae l Qu i l ty Re ; Maplewood Comun i ty Center, Mapl MN To furnish an Install work per proposal request 05 add to our contract the amount of OnO thcUsand Ni no HUndrVd Fri teen ( * 1 , 915.00 ) doi fare. Please do not ties i tats to 0911 if you have any quest i onS . Siheorelr, . IN 00MPAANY Ise N Oreanrrald Project- Manager 7urpt- P. 81 Lit le! Ms IV: 40 SAL DIZ r r b V ZOU J1LVViVUW# WADI LI W 006 Totat Cortstnction Services" 6701 West 23rd Street Mailing Address: P.O. Boot 8377 Minneapolis, Minnesota 55426 NnneaMs. Minnesota 55440 612) 544 -166'1 FAX (612) 525 -2333 McCmgb Con Co., INC 9 IOV'B ER. 93 Fax (612) s25- stxuctioa 2100 White Bear AV Maplewoo< win 55109 Attn: Ned Drnpps No 1, 199 1 K , Jq Re: sat R eat #6 & 7 Maplewood Community Center y, ..•tip C.,entlemeY4 We have reviewed the PtCposal Requests # 6 & 7, and find that they dv not apply to our work, wM be not increase in cost from us. Sincerely, Adolfson 8i Peterson Michael A Quifty Project Manager encl ec;Clayton,file A. Adolfson& Pot Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440 612) 544 -1561 J111U1ty 26 1 494 FAX (612) 525 -2333 fAX (6121525-9- McGough Construction Company 2100 White Bear Ave. Maplewood, MN. 55109 Attention:.Ned Dripps RE: Maplewood Community Center Request for Change Order Gentlemen, Q ti JAN 1994 NJ RjyEtVhO Inc v There is some cost involved with RFI A -40. we were required to add two lintels and bearing plates. Our price is, Add steel (American Structural Metals) OH &Profit 10% Total Requested Please include this amount in the next clhange order. Sincerely, ADOLFSON &PETERSON Dave Herzberg Project Manager cc. Clayton Wold, file 560.00 56.00 616.00 7 3 mEMcAn SMUCTURAL METALs, Inc. January 7, 1994 15152 Freeland avenue -Box 45 • Hugo, Minnesota 55438 • Telephone 4 Mr. Mike Quilty Adolf son & Peterson PO Box 9377 Minneapolis, MN 55440 RE: Maplewood Community Center Maplewood, MN Dear Mike: There will be an add to contract in the amount of $560.00 for two lintels w /brg plates ordered by Clayton on 12/22/ An itemized list of material is enclosed for your reference. Please issue a change order to contract to cover this extra. Sincerely, AMERICAN STRUCTURAL METALS, INC. David J. Mangl d orf DJM .- mi E nc . LAI" ca rn r.. `' C mot W r•3 2:2:1 o LAI" f^JItERICHfI SUUCMRAL MATERI&L FokCttASCD 8J7 NOT Ftie. YaT III rU, II IG 15752 Freeland Avenue North -box 45 •Hugo, MN 55038 •Telephone 429439@ C#. AiV 4: ES:.SNQWN oN.. .,. APP.Ac)VAL AREA. A" CA' 7WALe MAPLEWOOO CoMtA# G7p F _SHEE? E`j:'_ ' 13 -XJ zz SC, 12 02 " Y.0 L CES /o/V Aleod 2 S x X S Z-- -'T $ Ft- rl E L Ij 7"0 GVI 2 WZ',B 2 h/o D 65 X3/2 oLES 11 --- R t ... - N oL 23 PV F4 (S SoRAb E 8 //o 11V We 8 qow; 44-0 W Gr L t) -ro e. tsj t) c F E te\ SZ. --- 60L TE C41P .4 s T75 Xl VIZ A WIBASE R '..CAP P%.Co A SAP Ft? - GRRDE, so pit/ 1.VE23 1 -- WS x '- `i %Z- GRAD E :50 4- . uoes isl W6B X I D GP.ACaF. 50 4/40LES 114 FLG X o X D y,l5 ! D - r'o E.A)l>OF 4 Z - TS 'S?<S X Z 'X 'Zoe q %j- -,CoL BASER CAP !E d `- ?A$ Fes' wc Lo To ca L. zz SC, 12 02 " Y.0 L CES /o/V Aleod 2 S x X S Z-- -'T $ Ft- rl E L Ij 7"0 GVI 2 WZ',B 2 h/o D 65 X3/2 oLES 11 --- R t ... - N oL 23 PV F4 (S SoRAb E 8 //o 11V We 8 qow; 44-0 W Gr L t) -ro e. tsj t) c F E te\ SZ. --- 60L TE C41P .4 s T75 Xl VIZ A WIBASE R '..CAP P%.Co A SAP Ft? - A-, f AMERICAn SMUCMRAL METALS, Inc. January 17, 1994 15152 Freeland Avenue - Box 45 • Hugo, Minnesota 55038 • Telephone 429 -4338 Mr. Mike Guilty Ad son & Peterson PO Box 9377 Minneapolis, MN 55440 RE : Maplewood Community Center Maplewood MN Dear Mike: There will be an add to contract in the amount of $494. 00 for the following: 1. Change Beam Span Direction @ W 8 x 13 Mezzanine Level 2. Stop 2 Colums at Mezzanine Level and add 2 columns between Mezzanine Level and Catwalk Level A CO o C ate• This change was ordered on 11/29/93. Enclosed is an itemized list of material for your review. Please issue a change order to contract to cover this extra. Sincerely, AMERICAN STRUCTURAL METALS, INC. kFj David J. Mangledorf DJM:mi Enc . O Wxflvw GL. r AmEfficAn CW.RAL lll METALs, nc. r* 15152 Freeland Avenue North - Box 45 • Hugo, MN 55038 • Telephone 429 -4M8 Fax 429.7648 Joe NAME & LooxnON Joe No.DATE MAPL 161W001) C6MMUNITY c-rk 13o8X Z. zMAPecoDMA1 CONTRAOTOR/CUSTOMER DRAFTSMAN fDoLFSO,/ PE E So/oGEle EXTRATO CONTRACT ADD DELETE N/C AUTHORIZED BV CLA Y eAJ DRAWING OR C.O. DATE PflR/t 12 2Z RevisioN No. BRIEF DESCRIPTION OF CHANGE: jJEbs 2 LNTEC.s "' /BRG s 1 4 FLY7 (A/A e.LS i LIST OF ADDED OR DELETED MATERIAL: L IA/ TE Z-- R4 x II x 8-0 x I -- L.... I t4 TE L RY4 X Il x l6 " -o O g S u D 5 n(o PA /A/7) A & Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440. 612) .544 -1561 FAX (612) 525 -2333 McGough Construction Co.,INC 24 NOVEMB 93 FAX (612) 525 -2334 2100 White I3ear.Av .9Maplewood, Mn 55109 c2 Attn: Ned Drippy Re: Granular Fill Maplewood Community Center Gentlemen, At N g3 ' cv CO GQV ~! O cst ' h w C O` Unit Price #4b was used for computing the cost to haul in fill material. Fill hauled in 4192cy @$9.00 $37728.00 TOTAL $37728.00 Please include the amount of $37728.00 in our next change order, to cover the fill hauled into the site as of November 12th. Please review the enclosed correspondence from Rehbein Excavatin g regarding the estimated additional amount of fill required to complete the project. If you have any questions, please don't hesitate to call. Sincerely, Adotfson &Peterson Michael A Quilty Project Manager CI1C1.. CC:ClB}ROIIfidC T 1 r 1 . 0 10 4 U 0 FAI 6 1 7 71L CON-54'. (A-) t II (') (.) 4 Ad'offisom & Pelews4cmal hilcm corLstruction Sert)ice_s" 6701 West 23rd Street Mailin Address: P.O. Box 9377 min, neapOils, Minnesota 55426 Minneapolis, Minnesota 555,W FAX ( 612) 525-23336112) 544-1561 Februar 8, 1994 FAX ( 612 ) 525-2334 McGou Construction Compan 2140 White Bear Ave. Maplewood, MN. 55109 Attention-. Ned DrIpps RE-_ Maplewood CommuTift Center RFI A. - 12 Chan Order Re -- Revise Exterior Stud framin -- Revised A&P letter nf.faniiar 18, 1994 Gentlemen, We have revised our price for RFI A. - 12. Our price - I$, Revise. Ex.-terior Frainin (Ol OH & Profit 5% Total this item Add Framin for Metal Panels (Ol OH & Profit 5% Total this item Total both items Please include the amount of $25,279.00 in the next chan order. Sincerel ADOLFSON & PETERSON Day<,, Hember Pro Mana cc- Cla Wold, file 6 - T8 '9 1 IX2 17,515.00 876.QQ 18,391.00 6 X8 .00 61988-00 211279_00 4 8: O1 FAX 61 " 7 9? 39 c;' c. c : 6 02 15: FAX 61.E 544 5809 - A & P 16003 P-82.3 Hedberg Drive IcMinnetonka, Minne:sot - a 553 Telephone; (61 :) 546-81 G6 wwl Systems, Inc. Fax: (612) 5+44 -88159 AN ffot1At L ')PP'0J 7V1417Y EMPLQ OLYNnc JOB 023W COR#: Z -R CHANGE ORDER REQU _ pion of {cis vrurk REVISE THE E7fTF.R10F2 COW FARMED CAI. Fl4AMNG PER THE G4LGUi.ATfOM d. Sfqi AND AF'i'ER R NVOEAT THE NIETi14G ON 217194 BY CRAIG M1LIT.RT_ SSE 7HF- J1"[TACHEO UST Of REVISIONS n COST SUMMARY - t.AeoR r FOteman 64 Hrs, $36.50 $2,2720 7Ver Foreman =. 00 $0 C,,arpgnier 60 Hrs. a $34,511 = Z210711 Taper 0 Ham_ 42 X34 - ID o.vn U&nrec b Hru. $32.4fl $0.00 l ather 0 Hrs_ -50 $6' Plt,erer Q His. $34-00 $ . Tender Q Nrz. S32-OQ $0.00 70TAG DRECT WAGES (DM $4T W' go EQUiPMETt'f': 7.5% of DAIV for Small Touts E4pmaoldlL-d TOTAL LABOR 00fi MATERLAL TOTAL LABoR & MATERIAL 0!H & a Praia 1 0.925 10% TOTAL COST cHMGE --A m $17155" MAPLEW CQMMUNITY CENTER DGS mow AV Ka i-S 6W;20"ZV'0C 1 G. Y i W S I U D SI ! t 1 roF. - —. r m , t+ to 1 , i++-+ • r+ t t -.mmA' Id PAVNG 3 80200A 2ALIZElGAGE& ur.pit s1Mvr,r.tt*+WM"''i,N *l r ' REVISE STUD STS tow,...ir6..4 r1. tM......^. f. r a' t ' 0 F. • i.i um 0. t ..# M , 1 W+ Qjyl Firm • Irt1 W wi rA t 1 r7 E STUD S2E, Q AG E ,& SP ACM S'8 " Gib 4 RE '--.VMFr N,tfrf+.Srit W" rr1vt..rC1ii..arrrttritur.+++y , 1 t --E M D S MF.., E& s pAct N REM SE STUD QA SPA IQ R aESuo aAGE & SPAONG REVISE STLD GAGE & SRA M REV [SE ST UD 0 AGE 1k SPAO NO RED sTU D G AG E & SPAO NO CALCS REQUIRE B" 14G A 1 x i B G A 2411100 14GA 12'000 UQA 2-4- 8" 20QA 24r 3 5W 2OGA '00 " i$G41 S"OO 3 &M" 2!af3 A. ° a &fr 163 A 2N 00 3 &W 2 0 G A 2VOC 3 WW 113 GA 24'00 3 " EGA 24'' :3 &V 16 GA 'OC 3 BW' 2Z D A 2A" S &W 1 IB13 A 24'`00 lP,iCSSASE 1[MlATl01ti! TNlCcNE99 3 E!r FlBBRO ADS LT GAGE A'CTaCHM`' 9TRU0. 3'fL.7YP. 1w X 2112" 14flA SECN SKETO' I CXUAN I t!{uii" a N 0 J v+ 1 a d L 0 0 co m 90 LF- 14 & 18=.6 1 4-0 LF 2tcWS4 120 LF 3 118.LF p , rid 0 K4 tD V..e r f LF 11 1S2.5 Vow"i 1 o LF 21OWS4 92 Lv itovvs 55 LF 74 tJF SF 1 x3wsA LF 7IS O5 a N 0 J v+ 1 a d L 0 0 co m 10, 4 08 ? FAX 612 9939 02/07/04 15117 FAX 612 544 6669 X41 c-: c i U c H c.: O N T . c.` c-) 4 A & P R005/ MAPLEWOOD COMMUNITY CENTER EXTERIOR WALL ESTIMATE ORIGINAL vs REVISED FOR CARPENTER, — FRAMING itsuLPMNG RoctmG TOTAL.LTAL DOLLARS: MATERM. f,TErL: Tmi vrm ANT+V B V SHEA-MNG 1 U7WLATIOM 3 10 BA BATT VAPOR BRIER 150 FELT MISC SCREWS SHOTSMINS WELDIN ITOTAL WATER: MARK-UP: OMG[ 4a MDAY 35 MDA`f 1 WAY 14 MDAY 109 MDAY eo WAY 37 WAY 1 'AY 15 dww 12AJ5 W CHANCE 12 MDA 2 WAY 05 MDAY 1 MDAY 15 -15 mmy 1 v f I •4 m 1 r 1 d 13 7 0 0230 D1 c' c i t1 c:: K c =' hi fi T. c' C;f [ c: c: 0 02,0 7/94 15:17 FAX U12 544 8880 A & F Ci006 /009 2323 Hedlaerg Drive OlwnomL Ic nnlnndvka,iR44oti1 65305 Ii Telephone: (612) 5 -$1 wall systems ; Incs AN EQUAL oppopTUNfTY NIPLO V ebrijazy 7 , 1994 Ad son & pete = son Inc. F0 Box 9377 Mpls , !'mil' 55440 Attu. i Dave flerZb erg xE MAPLEWOOD COEMITNTTY CEMER Idea' Dave f As was tee at tIds mom -ng' s mectiug, I have enclosed Or Re. est #23x6'-02 for the add- itional Q1-G ; ch,an'g SAeI eat ®x.oe f-zig requ rement at the Metal p I bava also encloued an estimate breakdovTl and a sw=ary of tie additional fr n.g members. T f this r qu es is acce pleKse issue a Change order as soon as possible. please call Frith any gu+estionS _ Thank You. sinc -ce t 2 I 0 4 8: to 3 FAX 612 779 0 2 3 9 I11c;'GOUc H c: ANSI 02/07/9 1 :16 FA.3 03.2 544 8849 A & k' 2007/000 2823 Hedberg Drive oh"Pic Minnetonka, Minnesota 55305 Telephone: (0 2.) 546 -4066 wall systemss Iner. Fax., AN EQUAL OdPPORTUNfTy EMPLQY'R DATE : t2W/ 4 FLEWQO D COMMUNrTY CENTER fzr-p OLYMPIC JOV 02386 COR 0 CHANGE ORDER REQUEST EpUiPMENT: 7.5% of DV11 for mall 7aaig Eg1pmentl5cw5oklW CIA ' TOTAL. LABOR COST TOTAL LAEK)R & MATERML aH a + pmm 1 1, aim COST SUMMARY - V48QR Carp"rbar Foreman 24 Mir $35 Hts. # M.00 o Taper Forrman 0 20 Hrm Gatr Ham. 3 4.00 0.00 T o rite. .Ga Lather 0 0 Hm C=3 0.00 0 Ham. - Hrs. .TerTduc TOTAL DIRECT WAGES (DW) EpUiPMENT: 7.5% of DV11 for mall 7aaig Eg1pmentl5cw5oklW CIA ' TOTAL. LABOR COST TOTAL LAEK)R & MATERML aH a + pmm 1 1, aim i I( , 9 4 8 : ci 3 FA 61 7079 ? 3 11c:c c_':NT . c;'t i 82/07/84 15,18 FAX 612 544 8800 A lih Qfla /009 o kw, MAPLEWO COMMUNITY ACLU W/94 rriorA1.,, FRAMING 'REQUR.ED FOR METAL PANEL ATTACHMENT E BREAKDMN ICARPENTEk F 1!AT"NO jN LATWG RG TOTAL TOTAL LAtj of DOLLARS; MAT_ C"Ri G1 NA. IN MPAY a WAY 13 MAY 0 MDAY 0 MDAY REMSM 6 WAY 0 MAY 0 MDAY 6 MDAY 6 MDAY 0 MDAY 0 NIf y o MDAY 6 MDAY F.QUI WELLERSW Vo- aFrsrs LT4 F)CA' TOTAL so O HEAD & PROFIT 1 596 OTAL COS` Q '1 (94 02/07/94 4 FAX u 12- 779 9 1 3 9 M GOtf G H NST . c,'t -) 1:1g FAX 61 344 8888 -"-t A & F 1000,9 ot Distmm jor- X154 MAPLEWOOD COMMUNFTY NTER Aj)QmC7ML FRA1vflNG FOR METAL P L TI F OF H ' -rr Of MT) TOTAL. LF . OF STUQ SU CU N E g 16 17 TAUE WALL 60616GA 17 144 9 T -' aTW- 8 1'4 130 i WALL 1 1 l 1 144 g EAST WA,L i t . 1 9 22 110 5 nif=ATFR,SCUTHWEST wjo 11.. 0 1 T WALL -6"140A t 14 THEATER-SOUTH WALL 41M 3 IGGA 17 104 t3 ifWATERSOUTHEAST WALL film 35V JGGA 14 238 17 TWAT-EAsT Ail 1 BSA+17 i T 9 22 r r TMATUR-NnRTHFAST WALL 3M3 Ir 1 10 so wB13y WALL A #CIO i WA-- AWJGGA 9 7 W+ U'NORTH i 1 WA T1.1 5 1 Et'.t'.TT H WAUL 120 OVA T WAU-41FA 11sv I QQA 1 17 t. W 11E5 10 6w ice i 1 14SC50-M -57 V1f -s-Sot" LOBBY 14 24 144 6 SOUTtj LOJ313Y-WEST WAU 6"14GA 6 8 i WA r% LOBBYoE Y ALL 1 17 tea WWEST WALL 1 17 708 WA LN 1 w.s A 1E WALLS r 1 GGA 32 i WA Aoomw— EA F WALL fr 1 4 S 136 WA C I1rALl-E L 7 a ' 1'1 12 312 MUNAMMZOL" WALL 20 12 14A PRTH WALL 1 LIM 18 4030mm T1 Ir I SGA 2,i 1S 3&W I USM & Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440 612) 544-1561 January 21 1994 Fax (61 525 -2333 FAX (612) 525 -2334 McGou h Construction Company Aj '4''g p y C, 1994 r., 2100 white Bear Ave. Maplewood, MN. 55109 .. . Attention: Ned Dripps l 6 8L RE: Maplewood Community Center Change Order Request -- Toilet Partitions As requested, we are submitting the following change order request to change the toilet partitions from a Poly -Pro to a Poly -Stone finish. This was noted on the returned - submittal. Our price is, Change partition finish to Poly -Stone OH & Profit 10% Total Requested Please advise us how to proceed. Sincerely, ADOLFSON & PETERSON i Dave Herzberg Proj ect Manager cc. Clayton Wold, file 685.00 69.00 754.00 J1 2 I 84 11 Since 1890 I p Aitd * S T AN T O N EMEL 260 PLYMOUTH AVENUE NORTH ' MINNEAPOLIS, MINNESOTA 64_01M PHONE(612)WS88N FAX (81.2) I • Ire r security e Sped attste • Sales, Serv(ce & it CHAN%.EORDE R REQUEST drr„ 7 rthx -- JOB NAME: lom C.Oam C NO, ()AS42/ REQUESTED 9Y: - ce _ field 52- 2333 Addftlonal work M be performed: C Ihuc FRA''1 POI..,-'Pf2sS TO idol- c.-'i6N p Ac mops . 2c. ic2s£. ToW cx* to proceed s NO AODMONAL WORK WILL BE PERFORMED UNTIL THIS REQUEST IS APPROVED BY AN AUTHOR =C RfPRESENTATIVE Op THE OWKEIICENERAL CONTRACTOM THE PERSON WWYS' SIGNATURE APPEARS BELOW, AoK*40 LEDGES THAT THEY HAVE TrJE AUTHORITY TO APPROVE ADDMONAL CHARGES. APPROVED BY: 7ol HF'PA ation DATE PRINT NAME: 1 nAd.ofton &petersw% Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440 1 ( 612) .544 -1561 January 26 , 1994 FAX (612) 525_2333FAX (612) 525-2334 McGough Construction Company 2100 White Bear Ave. Maplewood, T41\ T . 55109 1994Attention: Ned Dripps °'co h ,A RE: Maplewood Community Center Request for Change Order - Custom Caulking Color Gentlemen, As requested we are submitting a change order request for a custom caulking color. Our price is, Add for custom caulking color (Seal Treat) $1050.00 OIL & Profit 5 % $53.00 Tntal Requested $1103.00 Please advise us how to proceed so that Nve may order our materials in a timely manner. Sincerely, A.DOLFSON &PETERSON Dave Herzberg Project Manager cc. Clayton Wold, file T 3 10 s 42 Ste, -- TREAT , INC. P. 2/2 C 15 9 l I INC 5244 EDEN CIRCLE 0 NUNNEAP MINNESOTA 5.5436 • (6I3) 930 -2633 pecxartber IS, 1993 I& Mfica Qailty Ado & Peeftsa% Tuc- ppBanc 9377 obis, MN 5S440 Re, IviAP'LLa' WC?OD COM.v1t7NITY CENTER 1jaFiew°4 MN As a WOW-UP to onr jabdft meetia8 at brick mocicuP tO select as admiar jaaat aealaat, Please note St e beige cIar sample selected. by e s is a F°sne a not a slicaEe as the o$ut saw are. If th sealant is to be a siiooae beige apecaal oft son additiaal cbsr8e to cam cis s is iegtiured,. The total adtisi +c18a dbe $1,050.Q0. This cbara mctad feel* n order diarge, fiei&t,, tames, avaead mod profit. It world taloe appraoambtY two t'° free weeks to Set a e back to halve e cols vied and y to raxive The axteasl- Pie let me know 0 should P=aceed m ard a sam*e. Also we will need s she ofpaid fear the pod area to match oar as soon as a final m10-w0don is made. suety. pie'IRFAT, WC 1LomasA. Ivfoahu Ptomdmt CHANGE ORDER AIA DOCUMENT G701 OWNER Maplewood Communi Center ARCHITECT 2 Doody CONTRACTOR C FIELD OTHER O City of Maplewood AKRW Architects, P.A. McGough, Construction Manager The Contract is changed as follows: Add the Work referenced in Proposal Requests #4, #5 and #6 into the Project Scope. Additionally, include the Work referenced in Request for Information (RE) #D13, #D17- #D22 #D28 and #D32 in the Project Scope. A cost breakdown of the above items is contained at the attached "C.O. #2 Summary ", which is hereby made part of this docu- ment. ' Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( was ........................ $ $2,125,300.00 Net change by previously authorized Change Orders ............................... $ $1,333.00 prior to this Cha Order was ..........The (Contract Sum) ( ) p ' $2 The (Contract Sum) (6tntranteed Prie ) will be . ) (decreased) unchanged) by this Change Order in the amount of ............................ $ ($2,103.00) The new (Contract Sum) ( ) including this Change Order will be . $ $2 The Contract Time will be ( (deer-eased) (unchanged) by No ( 0) days. The date of Substantial Completion as of the date of this Change Order therefore is September 19, 1994 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed ;Maximum Price which have been authorized by Construction Change Directive. AKRUI A=hitecte U 0 ARCHITECT Ad ress BY DATE CONTRA TOR 510 Fmnt Avenup Address Qt VOW UN - 55112 BY DATE OV'NE 1 830 Raet f nunty Road R Address of A ajPri, 55 1 n4 BY DATE CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • A10 • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G1701 --1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Maplewood Communi Center 2 Doody PROJECT:2100 White Bear Avenue CHANGE ORDER NUMBER: name, address)Maplewood, MN 55109 DATE:February 4, 1994 TO Doody Mechanical, inc.ARCHITECT "S PROJECT NO:92076.00 CONTRACTOR: name, addre r Avenue530Front St. Paul, MN 55117 CONTRACT DATE:July-12,1993 CONTRACT FOR:Mechanical Construction The Contract is changed as follows: Add the Work referenced in Proposal Requests #4, #5 and #6 into the Project Scope. Additionally, include the Work referenced in Request for Information (RE) #D13, #D17- #D22 #D28 and #D32 in the Project Scope. A cost breakdown of the above items is contained at the attached "C.O. #2 Summary ", which is hereby made part of this docu- ment. ' Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( was ........................ $ $2,125,300.00 Net change by previously authorized Change Orders ............................... $ $1,333.00 prior to this Cha Order was ..........The (Contract Sum) ( ) p ' $2 The (Contract Sum) (6tntranteed Prie ) will be . ) (decreased) unchanged) by this Change Order in the amount of ............................ $ ($2,103.00) The new (Contract Sum) ( ) including this Change Order will be . $ $2 The Contract Time will be ( (deer-eased) (unchanged) by No ( 0) days. The date of Substantial Completion as of the date of this Change Order therefore is September 19, 1994 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed ;Maximum Price which have been authorized by Construction Change Directive. AKRUI A=hitecte U 0 ARCHITECT Ad ress BY DATE CONTRA TOR 510 Fmnt Avenup Address Qt VOW UN - 55112 BY DATE OV'NE 1 830 Raet f nunty Road R Address of A ajPri, 55 1 n4 BY DATE CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • A10 • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G1701 --1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. C.O. #2 Summary Date 2/7/94 NOV 41993 usman 700 Rosedale Towers 1700 -West Highway 36 Roseville, Minnesota 55113Moore (612) 639 -9606 Mechanical and FAX (612) 639 -9618 Electrical Engineers MEMORANDUM PROJECT: Maplewood Community Center G &M Project No. 25153 TO: Marianne Repp- O'Brien, Ankeny, Kell, Richter, Walsh Architects, P.A. FROM: Chris Young flE: PR No. 4 and R.F.. D -22 DATE: November 23, 1993 _ The cost breakdown for PR No. 4 and R.F.I. D -22 are approved by us. CJY: mem Sit. Paul • Duluth • Brainerd I1l18/83 1a:30 FAX 612 779 9238 MCGOUGH CONST.CO 002 DOODY, MECHANICAL, INC.612) 487-1061 s2o FRONT AvavuE FAx 487 -2637 ST. PAUL, MN 55117 octobe= 2 1993 mcgough construction Company 2100 Wb ate Bear Avenue map aood. Minnesota 55109 Attent.Qn: Ned Dripps RE : 14 levood Comun:Ltj Cep er Dear si Doody echan.i:,a:. , Inc. iS offering a In reference to PR #4 D Y deduct in the amount of @,868.Q4. T e fo i lowi ng is a c bareakdown 2,920eOLO Labor 687 it ex ial 45.00 Tax _ $3,65Z.00 050 00 Ventilation '165. 00 Insulation $8,865000 do not hesitate to have an questions rail the above please If von. ha Y - call me .: • . very t ru lY .your s t mee-hanical Inc- Kevin W. Miller Nice president Me+ca. CONTRACTOR C'.OMME & • INDUST'RIAI. U17 *AL 01.00 -H I U :1 UAM P XUM MM V & MUVXt 8124 PAY 922 T79 9249 00, DY ONO== pjVjMAVA0%AR Vocr 9, 1993 V tiiVt Ui IMLL A! IVVJ/ VVV 6121487,1001 aWC 4 M00ough CoAetrtot ion C rpany 2 Wk1te Bear kv*nut maap1mmod, NUvairota 55109 AWtont -1061 : V'ed t e f• 1 tioo liCp FfONT AVWJE PAUL-.MM 66117 1 Dear NOd in reference to DR NO . 5 , -the to3.3.awita Is In thr propo b , a of a1 . fittinge d heaag+exA ub iuluding all titt hen . o hub pzp « inclu . all fittLugg and hangers owQ8 i Otis . . D43, atLon as we4qxixeed by npeaLfLeatbon . e ne please feel dares to tsont • If you h8ve aay e'er , ? 11 ( - ver or 1L vb tarvdo f Z r c ••. . • . :.i • sale bTbl c t 12/14 09:17 FAX 612 779 9239 YCGOUGH OONST. CO 9003 DOODY MECHANICAL, INC (612) 4e7-1061 620 FROnrr AVENUE FqX 487- 9637 ST, PAUL, MN 55117 04011MM14 jp r. 4 93 December 9r 1993 . McGough Constructi CompanyQ,ZgZS 2100 Wh Pear Avenue Map Minnes 55109 Attention; Ned. Dri•pps Re: Maplewood Community* Center Dear Ned: In reference to DR No 5, the following is included in the proposal: 1, ,41 • 5 " no hub piping ; nc lud o ng all fittings and hangers e 2 . 3. 6" no hub piping including all fittings and handers. 39 60' 0 " no hub piping in c l -1 ding al fittings and hangers. 4 . •One. 1 6 downspout nozzle. S. All pipe insulation aS. required by specification. If you have any questions, , please feel free to contact me. Very tru3.y yrs', Doody Mechanical, Inc. K #Vin W Mi 11 er • - Vice Prdsldent r •. MEcHANCAL CONTRACTOR COQ MMOAL• • INDUSTRIAL • INSTMJTK)M IL 11/18/93 10:31 FAX 612 779 9239 XCGOUGH CONST. CO Q:004 DOOD C12y 487 -os1MECHANICA4INC.520 FROM AVENUE . ST. PAUL, MN 551,1.7FAx487 -2837 f Z81 1983 October 2 1993 hlcGou h Construction Company 9 2100 Whi Bear avenue 1aplewood, Minnesota 53109 Attention: Jged Dripps Re: Maplewood Community Center Dear Sir: In reference to PR #5, Doody Mechanical,Inc. is requesting a change order in the amount of $6,378.00. The following is a Cost breakdown item. #Z ,• ' Labor 2, 640.00 Material 2,145. Tax 1391000 4 10% Mark up 492.00 51V41 Insulation 916. 5 Mark up 46.00 6, r37BA-00 If y anyouhave nest ions or concerns on the above,Y q please do not hesitate- to call me $ very truly yours, Doody Mechanical, InG . 16.0 a Kevin Mil vice President MECHMrAl CONTRACTOR CO OAL • INDUSTRAL 9 INSTITUTION& 11/18/93 100031 FAX 612 779 9239 YCCOUGH CONST. CO woos D 00. Y NECHANICA4 INC 612) 4874061 FAx 487-2637 szo MoNr AvovuE ST. PAUL, MN 55117 31i1 z 3 4 SNovember1199346 NQy d, 93 U McGou gh Construction Company 2100 White Hear Av mapievood, Minnesota 55109 C ,f Attention Ned Dr.i Re Maplewood Community Center Dear Sir: in reference to PR #6, Doody Mecha Inc. is requesting a change order in the amount of $1, 459.04. The following is a cost breakdown: Item #1. : •Relocate chiller, add 40' 6" mechanical joint pipe. J. • X40Labor Materia _ 594. 00 0 Tax .3 Digging and backf i l l ing 0 4 .ao 10% Mark up 143 0 1,576. Item #2 - Delete P -4A lavatory. Mater•i.al ( 110. ) Tam 7.:O0 t ill • Oo) I f You have any questions, please do not hesitate to call me . very truly yours , / WOW , dD Doody Mechanical, Inc. Kevin W. Millen vice President - - '•. RWM /nmomm MFCKARGAL G`oWMCTOA COMMSFOAL • INOUSTRAL • 1N9 AL 01 -03 10010AM FROM GAUSMAN 6 MOORS 2n4i9r 0$1:4 FAX ei: rn 0239 O CAL NC. TO AAHENP KELL RICHTER P002/003 ae oaer,00 hoof m E W.rminf AVM 6L PMll+MP1 !3177 Doe ar 9 1993 r IftGo gh ^onetruction Ga y 210 q ,white 136ar xvauo Maple od, *=680ta . 5!5109 is _ X&V1 6d Ity Omtor Dear BJLr a; Ya regewo ce to D-17, the tollo Lag in An clvded ie the cost I dleck drains to backwash tank in lion of trench daces 2 , Coro dki l l bask tank an - vide U nk issal. 3. Proy, : aw, xtandpipe for vu&W Sem r9e Including all av6ja , nde ground waeto and vent wipingw c' xt tlii Use the catch baoLn is not being utilized for deok drain If They on use at tb tie ue 1.e to receive wattle frcpt tie ch drain a 1 IS « • e any questions lease feel. aces U . contact me. i .... , • 0 • ..w. • VO tru your$ , 6a a medaal Inc a w eat r R .: ' . / ,'3 . • ' • • • * "' • ;' , : . • . • lima N • • M I • • w w 11/17/93 15:52 FAX 812 779 9239 YCGOUGH C4NST.CO 90006 D DYC)tJ M INC. (6121 487-1061 szo Faorrr AVENUE FAx 487_7 ST. PAUL, MN 55117 OctOctober25, 1993 1993 w McGouab CcriTs:t Company 2100 TOI to Bomar Avenue Maplewood, 1C.-; Aesota 55109 l . Attention; Ned Dr i pps w R Mapl coruunity Center Dear Sir: In. reference to RFI D -17, Doody Mechanical, Inc. is requesting a chanae order .in the amount of •$931.00. The following is a post b eakdo~r Labor 560000 Material 269.00 Tax •17s00 646X0 10% Mark- 85.00 931.00 If you have any questions, please call ze Very truly yours, Doody Ms can_oz l ,. inc e Xevin W o Miller Vi c e President KIM1I(MUL r MECHANICAL CoNrmcToA COMMERCM • INWMIAL • INS `nTt IONAL -- --_-— 11/17/93 15 :52 FAX 912 779 9239 1, AF VOL j ILL z.al•iy'•' t, y • • • • • ••, • • • •• • PROJEG'A : MAPLEWOOD CO YCGOUGB CONST . CO r • I • BEQUEST FpR IlvFORMAI'ION To: McCough Construction Co.jnc. 2100 White Bear Awe St, Paul MN 55109 Att . Ned Diipps Arcbitectr Amen M1 Rlebter & Walsb Arcbitectsy 821. Raymond Avenue, Suite 400 St. Pain, MN 55114 Ann: Marianne Repp-0% Tien 10007 Dam: 9I_ - - From: k jall - com Drawing # DemU A Spec. Sect. # Question: n bi r v Res and B (Date) : ' . P yt...A~s 8 446 cf f V wa IAJ t PRO 7-r4e 44gR6 , P?ev" AP a4zt-fe!456 40f o0v"Zdr - Reply From: ' • !s i ,vG' Reply Date: lm -- 7 Ile above gestion and respective reply does not relieve the patty of any ryes . pity to the 10 City of wood. This document is not an Who a. for addnal cost otherwise stated. Distribution to: Ned McGough on NA Qa ty - A.doMon & Peterson Yee i I1finer - Doody Mechanical Brad Roos - Aunt RLectic O/ 01 dL ts' S/ -- O.3 y 5 as pvto wh /i rlwr 41393 R Gausman eTowers 1700 -West ' Highway 36 Moore Roseville. Minnesota 55113 612)639 -9606 Mechanical and FAX (612) 639 -9618 Electrical Engineers MEMORANDUM PROJECT: Maplewood Community Center C &M Project No 25153 TO: Marianne Repp - O'Brien, Ankeny, Kell, Richter, Walsh Architects, P.A. FROM: Chris Young RE: PR No. 4 and R.F.. D -22 DATE: November 23 1993 The cost breakdown for PR No. 4 and R. F.I. D -22 are approved by us. CJY: mem St Paul • Duluth • Brainerd 11/17/93 15-:53 FAIL 612 779 9239 XCGOUGH CONST. CO Q009 DOODY NECMNICAL, INC. (61 407-1061 520 AVENUE FAut 487 -2637 ST. PAUL, MN 55117 October 25, 1993 McGough ConstrLction Company 2100 White Bear Avenue Maplewood, Minnesota 55109 Attention: Ned Dripps Re: Maplewood Community Center Dear Sir: ftT j In reference to RFZ D -22 Doody Mechanical, Inc is requesting a change order in the amount of $283900 La or X120.00. material 48900 Tax 171,wOO 1 0 % Mark up 17000 X155 . Q0 Insulation 90600 5% Mark; up 5000 283.00 If you have any questions, please feel free to contact me . Very - ly . yours , _ ._ Joodx Mechanical., Inc . 00 Kevin w. viii ler vice. Pr a s'ident r Ar' Vmmm A MECHANICAL C MVACTC A COMMS CM 0 INDUS'TAIAL 9 INSTrrUn 11/17/93 15#954 FAX 612 779 9239 XCGOUGH CONST. - CO 010 r i f mot' mss l , • lb rq• or 7 IFU foI is to to. to It Iof" RfofP y '+ M 1 - olk . G 4 j' '. o ti N. ' r' ,• /I' • • ,•0 f • •1. I _ •• r .• 1 !ate I olot WL so seIf op 1 R Im LOXMIR 3Nb qw-W P- 1 •• TWV3dg dv+aca+d aim ; O' Q Alk Wd& &ft . A lik 'Sit" Mae.. S Wir- j QOi1: L •.. wgmjlw AID M IF OF moo a'6or — VIA 1P°ct'i.c y TabCR4c Nod D aoes nil t1 'rorl tespaolb3110 s ass iierifl Bti 00 Is vf• s :so BvA rcliv AvN7' t0— lt-e09 111 f000 0'Z# t vvs. DO-ODY MECHAN /Cr4L, INC. (612) 4e7 -1061 520 FRONT AVENUE Fax 487 -2837 ST. PAUL, MN 55117 October 18 1993 McGough Construction Company 2100 White Bear Avenue Maplewood, Minnesota 55109 Attention: Ned Drpps Re: Maplew Commun Center Dear Sir: NW- q qcr cs in reference to Gausman and Moore's letter dated October 5 1993, in reference to the change in pool deck drains, Doody Mechanical, Inc. is offering a credit in the mount of $2,196.00. if you have any questions, please feel free to contact me . Very truly yours, Doody Mechanical, Inc. Kevin W. Miller Vice President KWMI MEC KWc CONTRACTM VEIr^.i irrrirr Y AL • ' NCUSTMAL O'NONAL ... A, V41' AbW VV A V *0 rZAA WJL 1 0 W WftWW AWIWNX%P W %X" VVILVA I " Jk 0 '%ff %-V RE FOR ORMATION PROJECT: bUPLISWOOD CONVILDIM CENTER To: McGou Construction Co., Inc. 2100 NMte Bear Avenue St Paul, MN 55109 Attn: Ned Dripps Architect .Ankeny. KeR Richter & W&Ish Architects 821 Ra Avenue, Suite 400 St. Paul, NN 55114 Attu: Marianne Repp-O'Brien Date : /41 -!!Kjr - Vj RFI From: A/2 company : 2i•¢G. eay Drawin # Detail # Spec. Sect s.s c. A0e4W Qu estop: - 44-w- zae..'A.C.At 6co- 44, Respond B (Date): Repl Repl Repl Date: / - d s. The above. question and respective repl does not relieve the part of an Mpowlbiffity to the City of Maplewood. This document is not an autho&Adon for additional cost unless otherwise stated. Distribution to: Ned Dripps - McGou Construction Nflke QwIt - Adolfson & Peterson Kevin *NWer - Dood Mechanical Brad Boos - Hunt Electric dZ,WV7-w* edoLh —,44-P 77"r AeMfldcaw — fffl-b mozezAwh - us Man 700 e Towers ooze 1700 -West Highway Roseville, Minnesota 55113 612) 639 -9606. Mechanical and FAX (612) 639 -9618 Electrical Engineers MEMORANDUM PROJECT: Maplewood Community Center G &M Project No. 25153 TO: Marianne Repp- O'Brien, Ankeny, Kell, Richter, Walsh Architects, P.A. FROM: Chris Young RE: Pool. Deck Drains DATE: October 6, 1993 The pool deck drains may have nickel bronze strainers in lieu of the stainless steel specified. A credit is required by the Contractor. CJY :zab c: Ned Dripps, McGough Construction Co. Kevin Miller, Doody Mechanical St Paul • Duluth • Brainerd 11f30 /93 09:08 FAX 612 779 9238 ][CGUUGH CUB b'r. k;u W vvz DOODY UECHAN=Lj1NCw ( 612)487-1061 s2o FRONT AVENUE p qg q7 Si: PAUL, MN 55117 1993 November 23, 19 9 3 ROSIVeD yf Irc c McGough Construction Co ff 2100 White Bear Avenue St. Paul, Minnesota 55109 Attention: Ned Dripps Re: Maplewo Community Cent Dear Sir: In reference to R.F.I. #D -32, Doody Mechanical, Inc. is requesting a change ord in the amount of $1,483s,00 to furnish and instal a 3" Febco back;flow preventer . The . .lowing is a cost breakdou Labor $ 160000 Mai erial 114: as Tait 7 2.00 Ir346.*00 10 mark up X37.00 SI If you have any questions or concerns on the above, please do not hesitate to call me. ViFty' Doody Mechanical, Inc. Kevin W . Miller VIc a Pres t MEOuMCAL CoNTRAcroa COMNM& • INDUSTRAL • INSTITUTIONAL CHANGE ORDER AIA DOCUMENT G701 Maplewood Community Center #2 - Hunt PROJECT: 2100 White Bear Avenue CHANGE ORDER NUMBER: name, address) Maplewood, MN 55109 DATE February 4, 1994 Hunt Electric 9207600TOCONTRACTOR: ARCHITECTS PROJECT NO: nam address) 2300 Temtonal Road St. Paul, MN 55114 CONTRACT DATE: July x, 1993 CONTRACT FOR: Electrical Construction The Contract is changed as follows: Add the Work referenced in Proposal Request #6 into the Project Scope (Note: All additional Proposal Requests, RFFs and Miscellaneous items listed on the attached breakdown are no cost change). A cost breakdown of the above is contained on the attached "C.O. #2 Summary ", which is hereby made part of this document. Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) )was ........................ s $964560.00 Net change by previously authorized Change Orders ............................... S ($26, 944.00) The (Contract Sum) ( G. taro teead A4„;.:1.,.,, ffi °'' "' ° } prior to this Change Order a'as .......... S $937,656.00 The (Contract Sum) ° ~:e ) will be (increased) ( &C - M16 by this Change Order in the amount of ............................ S $8,159.00 g The new (Contr Sum) (6tiftrRmeed Mwiimiuffi including this Change Order will be .. S $9351 ) 815.00 The Contract Time will be ;d@aev.°?c °d ) (unchanged) b,• No ( Q days. The date of Substantial Completion as of the date of this Change Order therefore is September 19, 1994 NOTE: This summary does not reflect changes in the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authorized i Construction Change Directive. AKRW Architects, P.A. ARCHITECT 821 Raymond Avenue, Suite 400 Address St. Paul, MN 55114 BY DATE Hunt Electric CONTRACTOR 2300 Territorial Road Address St. Paul, MN 55114 BY DATE City of Maplewood OWNER 1830 East County Road B Address Maplewood, MN 55109 BY DATE CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA° • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., UVASHINGTON, D.C. 20006 G701 -1987 WARNING: Unlicensed photocopying violates U.S. -copyright Ims and is subject to legal prosecution. City Of MaplewoodOWNERArchitects, P.A.ARCHITECT CotvTxnCrox Q gh, Cwstrnc6on ManagerFIELDO OTHER O Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) )was ........................ s $964560.00 Net change by previously authorized Change Orders ............................... S ($26, 944.00) The (Contract Sum) ( G. taro teead A4„;.:1.,.,, ffi °'' "' ° } prior to this Change Order a'as .......... S $937,656.00 The (Contract Sum) ° ~:e ) will be (increased) ( &C - M16 by this Change Order in the amount of ............................ S $8,159.00 g The new (Contr Sum) (6tiftrRmeed Mwiimiuffi including this Change Order will be .. S $9351 ) 815.00 The Contract Time will be ;d@aev.°?c °d ) (unchanged) b,• No ( Q days. The date of Substantial Completion as of the date of this Change Order therefore is September 19, 1994 NOTE: This summary does not reflect changes in the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authorized i Construction Change Directive. AKRW Architects, P.A. ARCHITECT 821 Raymond Avenue, Suite 400 Address St. Paul, MN 55114 BY DATE Hunt Electric CONTRACTOR 2300 Territorial Road Address St. Paul, MN 55114 BY DATE City of Maplewood OWNER 1830 East County Road B Address Maplewood, MN 55109 BY DATE CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA° • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., UVASHINGTON, D.C. 20006 G701 -1987 WARNING: Unlicensed photocopying violates U.S. -copyright Ims and is subject to legal prosecution. C.O. #2 Summary P.R. NO. ITEM NO. STEMMER A & P DOODY IHUNT TOTAL P.R. 4 All items Revise pool dehumidifier 0.00 0.00 8,865.00 50.00 0.00 0.00 8 0.00 8 865.00 5 1 Add ten 10 roof scuppers 0.00 2,244.00 0.00 0.00 2 Pie two 2 intemal O.D.'s separately 0.00 0.00 6,378.00 0.00 0.00 2,244.00 6 0.00 8 6 1 Transformer location 0.00 0.00 0.00 8,159.00 2 Delete hand sink from 15000 0.00 0.00 117.00)0.00 o.00 o.00 117.00 8 13!.00 8 RFrs A40 Steel Lintels at theatre openings 0.00 616.00 0.00 0.00 D13 Sanitary i 0.00 0.00 0.00 0.00 D 17 D22 D28 Trench drain Piping to Room 303 Deck drains to nickel bronze from s.s. 0.00 0.00 0.00 0.00 0.00 0.00 931.00 283.00 2 0.00 0.00 0.00 D32 Backflow proventer 0.00 0.00 1,483.00 0.00 0.00 616.00 501.00 0.00 1` 117.00 Miec Dirt See Report #1 Dirt See Report *1 Sheet E9 Structural Revisions Structural Steel Studs Shower Partition Color Sealant Color 32,617.75 0.00 0.00 0.00 0.00 0.00 32,617.73 0.00 37,728.00 543.00 24 754.00 1,103.00 64 203.00 0.00 0.00 0.00 0.00 0.00 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 96,820.73 Date 2/7/94 11/18/93 10:30 FAX 611 779 9239 '•, YCGOUGH CONST• CO QD 003 Humir L GTRiC CORPORATION 2200 Tft*0ftj Road / St. Paul, MN 5511 ! 16121 CM -2911 October 26,, 1993 Hugh Construction 2100 White Bear Avenue maplFwod, lV =esota 55109 Attmtion: Mr. Ned Drips- Reference, Maplewood Communit3r Center 1% #4 and FR #5 0 1993 . FjEcWV - lac i Dear Ned, We have reviewed both proposal request munber 4 and 5 and there are no changes rela&e to the ciectrical construction. SiZ1Ca* HUNT ELECTRIC CORPORATION Bradley J. B is PM"ect M- BJB/11W 11'18/93 10:32 FAX 012 779 9239 YCGOUGH CONST. CO hGO06 a h . r r 7 w • • • . • • .i'!! •iii i. ! 3.• S J .. ... . • • ti fir • • •• • • • • . • r . • • w • • • HUNTELECTRIC CORPORATION 2S00 7weitorid Road / St. Pau4 UN 66114 / 161 646 -2871 X03 4s November 1, 1993 NO 1993 AEC N Epp McGough coon Company 2100 White Bear A.veme Maplewood, MN :.5109 . • „ l 1Vtc Ned DripLion - S Rdem ce: Maplewood Community Center Revised Proposal Request 116 Dear Ned, We revised our mark -ups forpropow request #6 as noted below: material 54,851.00 l o' /o Overhead and Profit 485.00 total $5 Labor 68 hrs. @ $37.73 per hr. 52,566.00 1 a /o Overhead and Profit 25 7._00 Total 52 • Grand Total for Proposal Request-#6 is 58,159.00 es bTowernber 2 1993. 1f vu should have anyThisworkisscheduledtobemstnlledToday', Y questions on the above, please contact me. Sincerely, i;e u CooRATroN J• o s Project Manager 3JBli TO: FROM: RE: DATE: AGENDA REPORT AGENDA NO. 3 Action by C oun-O v1 Endorsed.. iod.if. e City Manager Rejeotec i". Dat e . Finance Director INSURANCE FOR OPEN MEETING LAW DEFENSE COSTS January 31, 1994 Our self - insurance plan, the League of Minnesota Cities Insurance Trust, is' offering a new option. The option would reimburse council members for legal costs if they are charged with violating the Open Meeting law. The annual premium for this coverage would be approximately $1,600. Attached is detailed information about this coverage and a newspaper article regarding g it.g If the Council is interested in this option, they should approve the purchase of insurance for open meeting law defense costs and authorize a budget transfer from the General Fund contingency account to finance the premium. wAagnlopenins 11111 =TIMT.- f ono/Regietr.. am - P.en- meeting suits sur. newP insurance DeDeliberate tiviolaons by officials covered By Dennis Cassano Stag' Writer Several Minnesota cities are buying insurance that covers the legal ex- penses of city council members and mayors accused of violating the state's Open Meeting Law, even if they have deliberately met i.n secret. The- - insurance, recently offered for the- first time by the Minnesota League of Cities, pays 80 percent of legal fees, up to $20,000 per official. A half -dozen cities have voted to purchase the insurance: Alexandria and Cottage Grove, for about $1,350 a year, Woodbury for $2,204, and Afton, Rogers and Lamberton for 504r. Others are considering it. The possibility of taxpayers subsidiz -_ ing the defense of officials who try to hide their actions from taxpayer scru- tinytiny troubles Joel Jamnik, a lawyer for the league. dorsed by the league. But it [a blatant violation] is not a likely prospect. I'm not pushing the panic button." He said the main reason for offering the. insurance is to protect elected officials from high legal fees when they make good -faith efforts to fol- low the law but. are challenged, or when someone sues them for politi- cal reasons. Now, he said, even offi- cials who are cleared in court must pay legal fees, which often run to I don't like that," he said. "We don't want bad intention to be en' Insumm continued on page 28 Insurance/. County boards group considering similar coverage Continued from page 1B thousands of dollars. Mark Anfinson, attorney for the Minnesota Newspaper Association, was critical of the breadth of the coverage. "If a person has `evil in- tent' to violate the law, he should not be able to buy an insurance policy [to pay his expenses]," he said. "It's ter- rible public policy because it engen- ders so much suspicion." Anfinson said he thinks other laws would prohibit the insurance compa- ny from paying if there was an inten- tional violation. Jamnik said he thinks the insurance underwriter for the league, Berkley Risk Services, would refuse to -pay under those cir- cumstances. That probably would in- spire another lawsuit on whether the underwriter must pay. The state association of county boards is considering similar cover- age for its 86 members, said Mike Rhyner, director of its insurance trust. But willful violation "is the issue we want to take a look at," he said. "I'm not sure we want to extend coverage that far. That defies the principles of insurance. You can't purposely have an accident or violate the law and then collect insurance." The state school boards association has no plans to offer similar cover- age, said John Sylvester, director of management services for the group, which has 392 members. The League of Cities' insurance trust, which provides a sort of group insur- ance for cities, offered the new policy at the suggestion of Afton after one of its residents sued City Council mem- bers. The league represents 807 of 856 cities in the state. In a suit filed by Peggy Thuma, Washington County District Judge J.E. Cass ruled that Afton Mayor John Kroschel and two council mem- bers, Nick Mucciacciaro and Su- zanne Flinsch, violated the Open Meeting Law when they met briefly in a corner during a planning com- mission meeting to discuss repairing a well. The judge said the meeting was an unintentional violation, but he fined each $100. The law provides that, except in cer- tain circumstances, a quorum of a public body (such as a city council, county board, school board or their committees) may meet only in pub- lic. Elected officials can be fined a maximum of $ 100 for each violation and be removed fro 'h . i office- -on_ the third violation. But violations are not criminal of- fenses. Enforcement is left to citizens such as Thuma, and interest groups such as newspapers, unions and the newspaper association. Their re- course is to sue the public officials accused of violating the law. Anfinson said that until 1992, one or two suits were filed a year, but five or six were filed in each of the past two years. Nearly 30 cases have been de- cided by appellate courts since 1964. In the Afton case, Cass ruled that the officials had to pay their own legal fees, The Court of Appeals upheld his finding that they violated the law, and the Supreme Court has allowed that decision to stand. Still on appeal is his decision that they must pay their own fees. That carne to $18,000 for Kroschel, who has taken a second mortgage on his home to pay it, and about 35,000 each for the council mem- bers. If they had been covered by the league insurance policy, the policy would have paid $14,400 of Kros- chel's bill and ' he would have paid 3,600; the policy would have paid 20,000 each for Mucciacciaro -and Flinsch and they would have paid 15,000 each. Thuma, who filed the suit, is paying her own $21,000 in lawyer fees. Anfinson, Jamnik and* representa- tives of other government groups are negotiating a bill. for the upcoming. session of the Legislature to address the issue of who should pay the legal expenses on both sides of open meet- ing lawsuits. League.of Minnesota Cities 3490 IA-vington Avenue Nth St. Paul, MN 551268044 OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 15, 1993, T,MCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city of f icials for Sod of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We'll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. I. Why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending open Meeting Law charges under the liability coverage. The only exception is if the Open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. The Trust Board recognized that defending an Open Meeting Law charge can cost a city official a lot of money. Defense costs are often the most significant financial consequence of these lawsuits. While the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are - incurred whether or not the official is ultimately found to have violated the law. The. Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the city council member to expend significant sums to defend him /herself regardless of the merits of the allegation. The threat of that kind of litigation could even be used as a tactic to intimidate or coerce council members in some Cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head off an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actually did violate the open Meeting Law? Doesn't this encourage city officials to violate the law? The legislature has spelled out in the statute what the penalties are for violating the law: a $100 civil penalty, potential loss of office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his /her own defense costs as well, the real. monetary penalty to the individual can be many times greater that the penalty the legislature provided in the statute. And how much those defense costs are may not have much relation to how serious the violation was. If more serious penalties are to deter violations, the legislature can change the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense.. and are incuz red even i f i there was no offense. Iv. Why is the coverage optional? Why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Board also recognized that some cities might consider it inappropriate to use their taxpayers' funds for this purpose. Making the coverage optional lets each city make this call for itself. V. What does the Open Meeting Law Defense Cost Reimbursement Agreement cover? Under the new coverage, LMCIT will reimburse a city official for 80% of the defense cost incurred by the cit official in defending an open Meeting Law lawsuit. The open Meeting Law Defense Costs Reimbursement Agreement is limited to 20,000. This is the most LMCIT will reimburse any one cit official for defense costs for open Meeting Law lawsuits commenced during the term of the. coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. What doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2. Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an open meeting claim against a city official. The judge awards a 100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage would not cover any legal costs that the city might incur if the city itself were a party to the Open Meeting Law litigation - unless, of course, it was part of a suit that also included a covered claim for damages, as discussed earlier. VII. How will the open Meeting Law Defense Cost Reimbursement Agreement work? The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 80% of those costs, to a maximum of $20,000, after the official has incurred those costs. The city official remains responsible for paying his /her defense attorney, including the 20% which LMCIT will not reimburse as well as any costs over $20,000. Second the city official retains control of the litigation -.. The city official makes the decisions on what attorney to hire, whether to settle or compromise the-litigation, whether to appeal, etc, The is when a lawsuit is served on the city official. alleging a violation of the Minnesota Open Meeting Law. If a.lawsuit is filed during that.term of the agreement,, the city official- has to do two things: 1. Notify LMCIT of the .Litigation; and 2 . Select defense counse.Z . viii... How much will. this coverage cost? Initially, we'll be basing the charge for this coverage on -the premium for the city's liability coverage.. Generally, the cost will be 1.5% of the liability premium, subject to a.$.500 minimum premium. in an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city,. though we expect this to be rare. IX, How do we go about adding this coverage for our city? Have your agent contact LNCIT l s underwriters, at Berkley Risk Services and ask for an application form. The underwriters Will be able: to return quote fairly quickly, X. Whom can we call if we have other questions.? If you need additional information or have other questions, you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handles your city. We'd also appreciate any comments or suggestions city officials, have for ways this coverage could be improved, or for any other changes cities would like LMCIT to consider. 11/17/93 AGENDA NO. AGENDA REPORT TO: City Manager FROM: Assistant City Manager Grtprm U RE: OPEN SPACE SITE DATE: February 8, 1994 INTRODUCTION Action by Wo Endorse Modify. e Re* ected Date - The property which was rated #1 city -wide by the Open Space Committee will soon begin the development process. The purpose of this report is to request City Council approval to begin the negotiation process with the property owner with the intent of possible acquisition. BACKGROUND In 1992 the Open Space Committee rated Parcel #160 as their first choice in the open space acquisition process. This property is located south of Linwood Avenue, east of Linwood Ct. 'it is Ken Gervais' outlots E,F, and G. (See the attached map.) On the new updated Open Space Property Prioritization list, this property is still rated number one. Due to the proposed development of property surrounding this site, the owner has contacted the City about our interest in buying it. As the owner invests more money into the site to prepare it for development, the site becomes more expensive. The owner is requesting that the City express their intent within the next two weeks. Since the site is listed as the top -rated property on the Open Space Committee's list, it is recommended that the City seriously consider acquisition. The appraisal and negotiations can be handled by either staff or a non - profit agency, The Trust For Public Land. RECOMMENDATION It is recommended that the City Council consider authorizing staff to begin the negotiation /acquisition process specifically for Site #160. tmc Attachments Property Prioritization Acres Ranking ID #Nghbrhd Property Description 1 1 1 160 12 S: of Linwood Av, E. of Linwood -Ct. Gervais outlots E, F, and G) 28 1 153A 8 SW Corner of Larpenteur and Century Priory Property) 30 3 153B 8 N. of UN RR, E. of pipeline. Second phase of Oak Ridge) 32 3 132 8 S. of Ripley at Myrtle, W. of Sterling 31 5 156 9 S. of Maryland, E. of Lakewood Dr. 39 6 151 1 S. of Cnty Rd B, W. of Soo Line RR 27 6 142 7 SW. corner of English and Frost 69 6 161 B 12 S. of Linwood, E. of future Sterling 8 9 108 4 SW. corner of Hazelwood and Beam 25 9 159A 11 SE. corner of McKnight & Lower Afton Rd. 12 9 159B 11 S. of Lower Afton, E. of 159A 69 9 161A 12 W. of Sterling, N. of Highwood 11 13 116 3 N. of Spoon Lake, E. of Arcade 15 13 161 C 12 S. of Linwood, E. of future Sterling 407 Top rated properties in remaining neighborhoods. 150 2 D.O.T. Property or 3 148 2 N. of Gateway Trail, W. of Arcade 5 103C 5 N. of Woodlyn, E. of Ariel 2 140 6 N. of Gateway Trail, E. of English N/A 173 13 E. of Sterling Pp\ 127 3S p i 0.74 ZNL )164 8 0 v f47 *-Z33•''` r Z 3 ; 5 137 ion .° / 4 2 3 4 4 bto t 5 ( - ZAo.41 459s 0 1 5 tz3, ;1 • DKA 8 Do Z.38 c 74 ?e , 114 ' t4 7 OUT LO u 1 o G' •• v' T A v GC 7; N1 WETL , 30 t5Z.79 oo lTS.lo4 - tr 10 g • ( 0 1 ` ' . p 0 OODH OUTLOT B 233. 3 s gs 385 Z 2 _ _ 05 1 46 385 v . X42 a 13 4 r, 13 0 ;. - Y . 234.01 O u 9 TIM - T RAI L o r. AV -.._ 00 100A T _. 0234 26) 2Z SO /L 1400 O 9 se S . ` 0eo ^ 80' 67' Q+ 18 4 ` -74 O o• ' 200 3: W 3 I R 6 71 ? 90 o t o Ls M L2 (2J 2 1 b a. 6a• s . '. ; b S Q M l` 7, M K 3 6 N•e3 w C C = (p DLIS -COURT ,. Q , ,. ,k a ( 83) R... $% G 1 b) 4 ` d -`% o I g ao j36° .34 - 25 Ooh O4 r2.) 2(3 , ''( 7 Q v 3 - 4 - p . 4 t JI cp LOO 0 p .8 _ g o p D Ao IM 5.3, So'Q 83 it 1 ,• 0 1 o1O w °! , t 20 - 7 2 Z-) l0 5 l . !o - 7 5' y z L R E 2 J 3 68 q N N ( (35 ' - 1. 7 ( a< ` Z26- b . ;Joe SOS, I . . 1Z8. S S O h lZ i.7 3 V I ENV AVE*E .e r--+ 78.96 17 9• j .. Z 17 o F ` job. r :. CK r - , . 3 78.1 d . '4') ei K ( 9 OU T 1. O T A ( 7 C r t' 7 .. V \ 7 1 7 2-) l Z 3 _ 4 s •, . YFh, {4S r -A. ' i -4 R • -NDj AD 3 j (45) 100 C) st A 39 4-.40 e w Cors IN QTR. QTR. 1Z ai 354P aD A t U Action by Council mi MEMORANDUM Endorse ed.if1e TO: City Manager R e j e c t e FROM: Director of Community Development Date---- SUBJECT DW&As for Commissions and Boards DATE: February 8, 1994 You asked me to put the subject of districts for commissions and boards . on the February 14 agenda. You sent the attached memo and survey to the City Council, The Mayor. and Couneilmember Allenspach returned their surveys. Both were opposed to using districts or wards to appoint board and commission members. MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Districts for Commissions and Boards DATE: January 28, 1994 inirRODucnoN On December 28, 1992, the City Council directed the staff to prepare an ordinance. The ordinance would divide the City into districts based on precincts and population. The Council intended to use these districts to appoint commission and board members, with some additional at -large members. DISCUSSION The purpose of districts or wards is to guarantee geographic representation. A ward system has disadvantages: 1. It may rule out candidates with valuable skills because they live in the wrong part of the City. Geography becomes the main criteria for making appointments. The Council should have the flexibility to consider other criteria, such as special skills, diversity or background. As an example, the Community Design Review Board (CDRB) ordinance requires that four out of the six members be development professionals if available. An applicant with a strong development or environmental background may be more useful on the Planning Commission than someone who is from an unrepresented geographic area. 2. Geographic representation is not important on some boards, such as the Human Relations Commission (HRC). On the HRC, diversity is more important than geographic representation. Contracting or architectural skills are more important on the CDRB than geographic representation. 3. Award system encourages members to make decisions based on what is best for their ward, rather than what is best for the City. 4. A position may go unfilled because no one applies from that district. Getting people from the "leg" to apply has been a Problem. We surveyed the twenty cities closest to Maplewood in population. Only three of these cities use a ward system for appointments. Blaine and West St. Paul appoint planning and parks commissioners based on districts. These districts correspond to the citys' voting districts. Brooklyn Center . has six neighborhoods defined by an ordinance. Their planning and parks commissions have one member from each neighborhood. The other cities we contacted said they considered geographic diversity in making appointments, but they also: consider -other criteria. While geographic re resentation is an important criterion for choosing members ofPpg some commissions, it should not be the only one. The Council should continue the present policy of choosing board and commission members based on qualifcatons and diversity, as well as geographic representation. If the Council wants to use wards, they should . only apply to the Planning Commission and Parks and Recreation Commission. The wards should be large, preferably three or four, to ze the problem of getting enough people to apply from each ward. i have included a survey for the Council. The survey is to find out their opinions. Please have them fill this out and .return it to you by February 14. If the Council wants districts, I will draft. an ordinance and prepare a map based on the survey. RECOMMENDATION Take no action on setting up a ward or district system for appointing board and commission members. go/b- 6:boards.mem (5.6) Attachment: ordinance r r SURVEY ABOUT MAPLEWOOD BOARDS AND COMMISSIONS Name: 1. Should the City use districts or wards to appoint board and commission members? Please check one.) Yes - No 2. If so, which boards or commissions should these districts apply to? (Please check those that apply.) Planning Commission HRC Parks Commission CDRB 3. If you want wards or districts, how many should there be? (Please write in a number or numbers.) Number Comments? Please return this form to the City Manager by February 14, 1994. Thank you.