HomeMy WebLinkAbout1994 05-09 City Council Packet6:30 P.M. MONDAY, MAY 9: 1993 FINANCIAL REPORT MEETING
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, May 9, 1994
Council Chambers, Municipal Building
Meeting No. 94 -10
A CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D APPROVAL OF MINUTES
I. Minutes of Meeting 94 -09 (April 25, 1994
2. Minutes of Council /Manager Meeting, May 2, 1994
E. APPROVAL OF AGENDA
EA. PRESENTATIONS
1. Proclamation E.M.S. Wee k
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City
Council and will be enacted b one
s by motion. ....There w� -11 be -no- separate discussion � on on these
i tems . I f a member of the City Council wishes to discuss an item, that item will be
removed from the Consent Agenda and wi 11 be cons i de- red - s- e-paratel y o
I. Approval of Claims
2. Revised Financing Plan for Public Safety Department Capital Improvement Pro
3. Revised Financing Plan for Community Center Construction
4. vacant Lot West of 1646 Burke Avenue
5. Donation: Park Development Fund
6. Donation: In Memory of Robert Emeott
7. Final Plat: Holloway Pond 2nd Addition
8. Proposal to Hire Architect for Western Hills Park
G.. PUBLIC HEARINGS
1. 7:00 P.M.: Golden Star Apartments
Conditional Use Permit
Design Review
2. 7:20 P.M.: Conditional Use Permit Review (Beam Avenue Compost Site)
3. 8:20 P.M..* Budd Kol by 4th Addition
Cul -de -sac Length
Code Variations for Street Width
Time Extension and Revisions
H. AWARD OF BIDS
I. UNFINISHED BUSINESS
1. Amber Hills: Time Extension and Revisions
J. NEW BUSINESS
1. Change in Ambulance Bill Collection Procedures
2. I -494 /Lake Road Interchange
3. Neighborhood Stop Signs
4. Searle Street Storm Sewer, Project 93 -14 Feasibility Study
5 Beam Avenue /Walter Street Drainage
6. Sterling Street, Valleyview to Schaller, Project 93 -08 Feasiblity Study,
7. No- Parking, Beam Avenue - Maplewood Heights Park
8. Cable Franchise Renewal
9. Community Center Furnishing-,
Bids
Document Approval and Authorization to Advertise for
K. VISITOR PRESENTATIONS
M. ADMINISTRATIVE PRESENTATIONS
1.Open Space Update
20
3.
N. ADJOURNMENT
MINUTES OF MAPLEWOOD CITY COUNCIL
7 :00 P.M. Monday, April 25, 199:4
,t Council Chambers Municipal Building
Meeting No 94 -09
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building , and was called to order at 7:02 P.M. by Mayor Bastian,
B. PLEDGE OF ALLEGIANCE
CO, ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale.H. Carlson, Councilmember Present
Marvin C. Koppen Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council /Manager Meeting of April 4, 1994
Councilmember Rossbach moved to approve the minutes of Council, ZManager
Meeting of April 4. 1994 as presented.
Seconded by Councilmember Carlson Ayes - all
2. Minutes of Meeting 94 -08 (April 11, 1994)
Councilmember Carlson moved .to approve the minutes of Meeting ,No. 94 -08
(April 11, 1994 ) as presented.
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Joint Meetings - Commissions
L2 Sidewalk Review
L3 Arbor Day
L4 Maplewood Heights Lights
Seconded by Councilmember Carlson Ayes - all
EA. APPOINTMENTS /PRESENTATIONS
le Proclamation: Amy Peterson
a. Manager McGuire presented the staff report.
1 4 -25 -94
b. Mayor Bastian introduced the folJowing Proclamation and moved its ,
adoption:
PROCLAMATION
April 25, 1994
WHEREAS, Miss Amy Peterson is a member of the 1994 Olympic Speed Skating
Team; and
WHEREAS, Miss Amy Peterson won two bronze medals 'in Li l l ehammer, Norway -
-one in the Olympic Women's 500 Meter Short -Track with a time of :46:76 and
one in the 3000 - Meter Relay; and
WHEREAS, Miss Amy Peterson has three career Olympic Medals, including
1992 Albertville silver medal; and
WHEREAS, Miss Amy Peterson's medals are the result of years of ardent
training and practice and
WHEREAS, the City of Maplewood is proud of her efforts, and believes
that her victory is an inspiration to everyone;
NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the
city of Maplewood, on behalf of the city Council and all residents within
the City, do hereby congratulate Miss Amy Peterson for her spectacular
achievement.
AND, BE IT RESOLVED, that April 25th be proclaimed Amy Peterson Day, and
that copies of this proclamation be transmitted to Miss Amy Peterson as,
evidence of our pride and esteem.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April
in the year of our Lord, one thousand nine hundred and ninety -four°
Seconded by Councilmember Carlson Ayes - all
2. Human Relations Commission 1993 Annual Report
a. Manager McGuire presented the staff report.
b. Marie Koehler of the Human Relations Commission presented the 1993
Annual Report.
c. Councilmember Rossbach moved, to accept with appreciation the 1993 Annual
Report of the Maplewood Human Relations Commission
Seconded by Councilmember Koppen Ayes - all
3. Proclamation: League of Women Voters
a. Manager McGuire presented the staff report°
b. Mayor Bastian introduced the following Proclamation and moved its
do, pt i on .
2 4 -25 -94
PROCLAMATION ON THE 35TH /40TH ANNIVERSARY
r OF THE LEAGUE OF WOMEN VOTERS
OF ROSEVILLE, MAPLEWOOD AND FALCON HEIGHTS
April 25 1994
WHEREAS the League of Women Voters of Maplewood '
g p was founded �n 1959 and
is now celebrating its 35th anniversary as part of the merged League of
Women Voters of Roseville, Maplewood and Falcon Heights which is now
celebrating its 40th anniversary; and
WHEREAS, the League has worked to promote a well- informed citizenr
through the preparation of community government booklets and studies of
community development issues for the Village and City; and
WHEREAS, the League has facilitated citizen participation in local
government by conducting nonpartisan candidate forums, voter registration
programs and encouraging informed voting; and
WHEREAS, the League strives to provide an ongoing forum for constructive
discussion of ideas in the City of Maplewood.
NOW, THEREFORE, BE IT RESOLVED, th I. Gary W. Bastian, Mayor of the
City of Maplewood, on behalf of the City Council and all citizens of
Maplewood, recognize the contributions of the League of Women Voters of
Roseville, Maplewood and Falcon Heights to this community on the occasion of
its anniversary celebration.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April
in the year of our Lord one thousand nine hundred and ninety -four.
Seconded by Councilmember Koppen Ayes - all
F. CONSENT AGENDA:
Mayor Bastian moved, seconded by Councilmember Carlson: ayes - all, to
approve the consent agenda items F -1 thru F -13 as recommended.
I
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 486,567.94
$ 825.504.06
$1,312,072.00
PAYROLL: $ 216
Checks #2304 - #2367
Dated 4 -01 -94 thru 4 -13 -94
Checks #13288 - #13391
Dated 4 -25 -94
Dated 4 -08 -94
Total per attached voucher /check
register
Payroll Checks #39964 thru #40154
48,506 Payroll Deduction Checks #40159 thru
#40177 dated 4 -08 -94
$ 264 Total Payroll
1,576 GRAND TOTAL
3 4 -25 -94
2. 1994 Budget for Community Center Construction Fund
s Authorized an increase of $.515,730 in the 1994 Budget for the Community 7
{
R� Center construction project, raising the 1994 total from $6,to $6,831,730.
3. 1994 Budget for Open Space Land Acqui Fund
. Approved the following owi n 1994 Budget for the Open Space Land Acquisition Fund;
pp g
$4,935,000 Bond Sale Proceeds
907,270 Land Purchases
27,730 Bond Issuance Costs
4. 1994 Budget for Street Construction State Aid Fund
Approved an increase of $6,775 in the budget for the Street Construction
State Aid Fund to finance the final bill from North St. Paul for resurfacing
11th Avenue.
5. Disposal of Old Financial Records
Adopted the following Resolution authorizing disposal of old financial
records.
94 - 04 42
RESOLUTION - DESTRUCTION OF RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of city records and
WHEREAS, a list of records has been presented to the Council with a
request in writing that destruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA;
1. That the Finance Director is hereby directed to apply to the
Minnesota State Historical society for an order authorizing
destruction of the records as described in the attached list.
2. That upon approval by the State of the attached application, the
Finance Director is hereby authorized and directed to destroy
the records listed.
6. Ti Extension: Goff's Napleview Fifth Addition
Approved a one -year time extension for Goff's Mapleview Fifth Addition
preliminary plat. This time extension shall be subject to the April 26,
1993 conditions for the Mapleview Fourth Addition preliminary plat.
7. CUP Termination & Home Occupation License: 2405 Carver Ave. (Grand)
Terminated the Conditional Use Permit for 'a home beauty shop operated by
Charlene Grand at 2405 Carver Avenue, and replaced it with a home occupation
license subject to the following conditions:
1. Ms. Grand shall meet the City's requirements for home
occupations.
2. Ms. Grand must renew her license each January with the City
Clerk.
3. This license shall end when the business ends.
4 4 -25 -94
8. Donation to Nature Center
Accepted a donation of X200.00 from the Maplewood Garden Club to be used for
a bulletin board and blooming calendar for the Nature Center lobby, and
authorized lacin the funds in Account. 101 - 604- 000 -4120 for purchase of
p g p
those items.
9. Community Center Positions
Approved the establishment and filling of the following new positions to
staff the Community Center and directed staff to negotiate wages for Council
approval at a later date.
Secretary
.Recreation Program Coordinator
Program Assistant -- 1 Existing +
Aquatics Assistant
Water Safety Instructor
Lifeguard
Child Care Coordinator
Child Care Provider
Customer Service Coordinator
Customer Service Representative
Customer Service Assistant
Building Maintenance Supervisor
Building Maintenance Worker -3 Existing +
Building Custodian
Building Attendant
# NEW POSITIONS
10. State Aid Designation - TH 61 and TH 36 Frontage Roads (Project 93 -02)
Adopted the following Resolutions designating TH 61 and TH 36 frontage road
segments as state aid streets.
94 -04 -43
RESOLUTION ESTABLISHING NUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that
the street hereinafter described should be designated Municipal State Aid
Street under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the road described as follows, to -wit:
TH 36 Frontage Road from Atlantic Street to County Road B
be, and hereby is established, located, and designated a Municipal State Aid
Street of said City, subject to the approval of the Commissioner of
Transportation for the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the
Commissioner of Transportation for his consideration, and.that upon his
approval of the designation of said road or portion thereof, the same be
constructed, improved, and maintained as a Municipal State Aid Street of the
City of Maplewood, to be numbered and known as Municipal State Aid Street
138- 125 -010.
5 4 -25 -94
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10. State Aid Designation - TH 61 and TH 36 Frontage Roads (Project 93 -02)
Adopted the following Resolutions designating TH 61 and TH 36 frontage road
segments as state aid streets.
94 -04 -43
RESOLUTION ESTABLISHING NUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that
the street hereinafter described should be designated Municipal State Aid
Street under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the road described as follows, to -wit:
TH 36 Frontage Road from Atlantic Street to County Road B
be, and hereby is established, located, and designated a Municipal State Aid
Street of said City, subject to the approval of the Commissioner of
Transportation for the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the
Commissioner of Transportation for his consideration, and.that upon his
approval of the designation of said road or portion thereof, the same be
constructed, improved, and maintained as a Municipal State Aid Street of the
City of Maplewood, to be numbered and known as Municipal State Aid Street
138- 125 -010.
5 4 -25 -94
94 -04 -44
RESOLUTION ESTABLISHING NUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that
the street hereinafter described should be designated Municipal State Aid
Street under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the road described as follows, to -wit.
TH 61 Frontage Road from County Road C north 1,850 feet
be, and hereby is established, located, and designated a Municipal State Aid
Street of said City, subject to the approval of the Commissioner of
Transportation for the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby, authorized and
directed to forward two certified copies of this Resolution to the
Commissioner of Transportation for his consideration, and that upon his
approval of the designation of said road or portion thereof, the same be
constructed, improved, and maintained as a Municipal State Aid Street of the
City of Maplewood, to be numbered and known as Municipal State Aid Street
138 -126 -010.
11. Budget Transfer to Close Project 90 -11
Authorized closing of Project 90 -11 (Condor -East Storm Sewer) and transfer
of approximately $300 from the general fund to finance the project -to -date
expenditures.
12. Agreement With The Trust For Public Land
Approved the agreement with The Trust For Public Land and directed the Mayor
and City Manager to execute the document on behalf of the City.
13, Sewer Charges - 2442 Keller Parkway
Adopted the following Resolution authorizing placement of sewer installation
charges on property taxes for 2442 Keller Parkway:
94 -04 -45
CERTIFYING SEWER INSTALLATION COSTS TO PROPERTY TAXES
WHEREAS, pursuant to MN Statutes §444.075 and Maplewood Code of
Ordinances Section 35 -23, the City of Maplewood has authority to charge for
connections to sanitary sewer services and has the authority to allow
installment payments for such connection charges; and
WHEREAS, Diane M. Lorenz, who resides at 2442 Keller Parkway, Maplewood,
has requested to connect to the sanitary sewer; and
WHEREAS, connection to the sanitary sewer is necessary; and
WHEREAS, Diane M. Lorenz has represented to the City of Maplewood that
there is financial hardship and is unable to pay for the installation costs
and the Sewer Access Charge.
6 4 -25 -94
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that°
The City Clerk shall certify to the Ramsey County Auditor the amount of
b $4,220.00 to cover the cost of installation ($3,423.00) and Sewer Access
Charge ($800.00); and also shall forward to the Ramsey County Auditor the
Property Identification Number and Legal Description of Diane M. Lorenz's
property, which is:
P.I.N. 09- 29- 22 -23- 0016 -4
SECTION 9 TOWN 29 RANGE 22 BEG ON E L OF KELLER PKWY AND 498 92/100
FT DUE N FROM S L OF NW 1/4 THE NLY ON SD ST 104 67/100 FT FOR BEG
TH CONTINUE NLY ON SD E L 104 67/100 FT TH E 417 FT TH SLY PAR WITH
SD E L 104 67/100 FT TH W TO BEG PART OF W 1/2 OF NW 1/4 OF /SUBJ TO
ESMTS/
Such charges shall be collected in. three installments with eight percent
interest with the property taxes beginning in 1995 and each subsequent year
until paid in full.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:18 P.M.): Conditional Use Permit: Amusement City
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Donald Betts to have a golf driving range at Amusement
City, 1870 Rice Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Lorraine Fischer presented the Planning Commission /Community Design
Review Board report.
e. Boardmember Anitzberger presented the Community Design Review Board
Report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following was heard:
Donald Betts, representing Amusement City.
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Carlson introduced the following, Resolution and moved its
adoption:
94 -04 -46
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Donald Betts applied for a conditional use permit to enlarge
his amusement center for a golf driving range.
WHEREAS, this permit applies to 1870 Rice Street North. The legal
description is:
7 4 -25 -94
EISENMENGER AND ZASPEL' S LAKE PARK, RAMSEY CO.. MINN.,, SUBJECT TO ST
AND AVE AND VAC STS AND ALLEYS ACCRUING, THE FOL A TRACT LYING NWLY
OF SOO LINE RY R/W OF THE FOL; LOTS 4 THRU 10 BLK 1, LOT 7 BLK 2
LOTS 5 THRU 32 BLK 4, LOTS 12.THRU 25 BLK 6 AND ALL OF BLK 30
AND
EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN., SUBJECT TO
HWY THE FOL VAC ALLEY ACCRUING AND LOTS 33 THRU LOT 39 BLK 40
AND
EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN.. VAC ST AND
ALLEY ACCRUING AND LOTS 1 THRU 4 BLK 4.
WHEREAS, the history of this conditional use permit is as follows:
1. On April 4, 1994, the Planning Commission recommended that the
City Council approve this permit.
2. On April 25, 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 of the
City staff and Planning Commission.
,NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above -
described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development designs
8 4 -25 -94
9. The use would cause minimal adverse environmental effects.
Approval,is subject to the following.conditions:
1. obtain amusement park and golf driving range licenses from the
City.
2. All construction and use of the property shall follow the site
plan approved by the City. The Director of Community
Development may approve minor changes.
3. The proposed construction must be substantially started or the
proposed use u t i l i z e d within one year of Council approval or the
permit shall end. The Council may extend .this deadline for one
year.
4. Appropriate maintenance easements for existing sanitary sewers
be established in writing.
5. Applicant agree to provide sufficient off - street parking to
serve the needs of the operation. If the City Council
determi nes that on -site parking is insufficient, the park
operator shall provide additional parking. For the owner to
meet this condition, he or she may have to replace the driving
,range or the existing uses with parking.
6. There shall be no inoperable vehicles or vehicles for sale on
the site.
7. The operator shall allow customers to use only low trajectory
golf balls.
8. The City Council shall review this permit in one year.
9. The applicant /operator shall maintain poles and netting in good
condition.
Council reserves the right to bring the applicant /operator back to the
City if problems are encountered with balls going onto public right -of -way.
Seconded by Councilmember Koppen Ayes - all
Design Review
i. Councilmember Carlson moved to approve the ,plans stamped November 30,
1993 for a driving -range expansion to . Amusemen_ at 1870 North, Rice
Street based on the findings regui red by City Code and subject to the
owner of Amusement Ci ty .doing, the following:
1. Repeat this review in two years if the City has not issued a
building permit for this project.
2. Complete the following before occupying the building or using
the driving range:
a) Stain the proposed driving range shelter gray to match
the others buildings at the Center.
b) Provide at least a fifteen -foot setback from the
Roselawn Avenue right -of -way for the paved path, the
tee -off pads and the lights /netting poles.
9 4 -25 -94
c) Install a reflectorized stop sign at the Rice Street
, driveway.
d) Stripe the parking lot with at least 94 parking spaces
as shown on the approved plan. The applicant shall
stripe four handicap parking stalls and install
handicap- parking signs for each stall. There shall be
at least one van - accessible space. (Americans with
Disabilities Act requirement)
e) Construct a trash dumpster enclosure for any outside
trash dumpsters The encl osures must match the bui 1 di ng
color. (Code requirement)
f) Direct or shield the lights so the bulbs are not
directly visible from any public street. (Code
requirement)
g) The netting shall be at least fifty feet high on the
north and south sides of the driving range with taught
steel cable^ to keep the nets up.
3. If any required work is not done, the City may allow temporary
occupancy of the driving range shelter if:
a) The City determines that the work is not essential to
the public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable 1 etter
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 w i l l allow the City
to complete any unfinished work.
Seconded by Councilmember Koppen Ayes - all
2. 7:20 P.M. (7:40 P.M.): Preliminary Plat Time Extension and Revisions: Amber Hills
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Bill Dolan, the representative of Gold Key Development,
Inc., for a time extension for the Amber Hills (formerly Highwood
Meadows) preliminary plat,
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. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Bill Dolan, Consulting Engineer
Dominic Ramicier, 865 Lakewood Drive South
James Kayser,2516 Linwood Avenue E.
Joe Crawford, 2433 Highwood
f. Mayor Bastian closed the public hearing.
g. Counci1member Rossbach moved to table this item for two weeks (to May 9
1994) to allow the developer time to resolve some of the Droblems.
Seconded by Counci lmember All enspach Ayes - Counci 1 members Al l enspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
10 4 -25 -94
H AWARD OF BIDS
NONE
I...UNFIN.ISHED BUSINESS
1. Maplewood Inn Assessments (8:45 P.M.)
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
.regarding t h i s matter. The following were heard:
Mark Laughlin, Maplewood Inn, 1780 East County Road D
Mark Fecht, 2608 Hazelwood, District Chief, Hazelwood Fire Station
c. No action was taken on this item.
2. -Community Center Fees
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson moved to approve the Community Center fee. schedule
as presented.
Seconded by Councilmember Koppen Ayes - all
3. Moratorium on C1 i di cs
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to extend the moratorium on new or expanding
clinics until September 12, 19940
Seconded by Councilmember Rossbach Ayes - all
4. Charitable Gambling Request - Public Relations
a. Manager McGuire presented the staff report.
b. Councilmember Allenspach moved to approve the Parks & ,Recreation
Deaartment's request for $7.000 to publish an informational brochure
with the cost.to be fun.ded by the Charitable Gamblinq Fund.
Seconded by Councilmember Rossbach Ayes - all
J. NEWBUSINESS
1. Schedule Meeting to Review 1993 Annual Financial Report
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to hold the meeting to review the 1993 Annual
Financial Report on May 9, 1994 at 6:30 P.M.
11 4 -25 -94
Seconded by Councilmember Rossbach Ayes - all
2. Gladstone Fire Department Contract
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Steve Lukin, Deputy Chief of Gladstone Fire Department
Dick Peterson, Chief of Gladstone Fire Department
c. Councilmember Koppen moved to approve the contract between the City of
MaDlewood and the Gladstone Fire DeDa_rt as presented.
Seconded by Councilmember Rossbach Ayes- all
K. VISITOR PRESENTATIONS
1. Kevin Berglund
a. Mr. Berglund wished to thank the Council for their patience and the
.tremendous job they do, and commented on a 1993 Surveys
b. Council directed staff to give a copy of the most recent staff report on
the top open space location recommendations to Mr. Berglund.
L. COUNCIL PRESENTATIONS
1. Joint Meetings
a, Carlson commented that Commission members had suggested
that each Board and Commission be allotted a portion of a regular
Council meeting to keep communications open.
b. Council directed staff to prepare a schedule for the Boards and
Commissions to meet with the Council.
2. Status on Sidewalks
a. Councilmember Carlson asked about the status of the sidewalk report.
b. This item will be placed on the agenda. for the Council /Manager meeting
3. Arbor Day
a. Mayor Bastian stated the City had missed observing Arbor Day by about
six days , and that as we progress with open space acquisition, plantings
should be made and a plan prepared for reforestation on City property.
b. Mayor Bastian moved to direct staff to prepare a plan for planting trees
on City property, etc.
Seconded by Councilmember Carlson Ayes - all
4. Maplewood Heights
a. Mayor Bastian stated he had received a request for lights and no parking
E
12 4-25-94
zones at Maplewood Heights.
b. Staff reported NSP has been requested to put in lights and they will
provide the costs. Speed zones have been established since 1978. Cars
f proceeding west from the stop sign at Beam and Frederick pick up speed,
and residents are concerned that children w i l l be injured running
between parked cars
c. Council directed staff,to review the situation there and report back.
M. ADMINISTRATIVE.PRESENTATIONS
1. Open Space Progress
a . Manager McGuire stated there is nothing new to report since the April 11
meeting.
N. ADJOURNMENT OF MEETING
10 94 P.N.
Lucille E. Aurelius
City Clerk
13 4 -25 -94
s
1�
CITY COUNCIL/MANAGER WORKSHOP
OF THE
CITY COUNCIL OF THE CITY OF MAPLFWOOD
5:00 p.m., Monday, May 2, 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 5:00 p.m.
B. - ROLL CALL
Mayor Gary Bastian
Councilmember Sherry Allenspach
Councilperson Dale Carlson
Councilperson Mani Koppen
Councilperson George Rossbach
Present
Present
Present (Arrived at 5:03 p.m.)
Present
Present
Others Present:
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
C. APPROVAL OF AGENDA
The following item was added to the agenda:
H. OTHER BUSINESS
1. Intern
20 Property at Frost and English
Mayor Bastian moved that the agenda be approved as amended. The motion was seconded by
Councilmember Rossbach and was approved.
Ayes: Allenspach, Bastian, Koppen, and Rossbach
Absent: Carlson
1
D. 622 COMMUNITY EDUCATION ADVISORY COUNCIL REPORT
Councilmember Carlson arrived at 5:03 p.m.
Ms. Carol Anderson, Maplewood's representative to the 622 Community Education Advisory
Council, presented a report on the programs and activities of I.S.D. 622 Community Education
Department. , She reported that there are 16 programs established for seniors, youth, people with
special needs, young parents, adults, and pre - schoolers. She distributed a fact sheet about 622's
Community Education and stated that she will obtain copies of the Annual Pro ram Evaluation
p 9
report for the City Council. Councilmembers stated that they would like to see more cooperation
in programming between the cities and the school district especially in the aquatics ram. It
p Y q program. g
was the consensus of the City Council that Ms. Anderson would provide another report to the
Council in October or November.
E. FIRE CONTRACTS UPDATE
Director of Public Works Ken Haider joined the meeting at 5:25 p.m.
City Manager McGuire reported that the final contract document with Gladstone Fire Department
was signed this week and that a negotiation meeting with Parkside Fire Department has been
scheduled for May 16. Mr. McGuire encouraged the City Council to let him know their concerns
and direction for negotiations.
F. SIDEWALK REVIEW COMMITTEE
Mr. Haider stated that the City's approach for dedicated sidewalks and trails is somewhat
inconsistent, and he is looking for direction from the City Council when reviewing development
plans. There was some discussion about the existing trail/walk system within the City and how
that system could be enhanced to provide a pedestrian network between s overnment buildings
g
and major shopping areas. It was the consensus of the City Council that City Engineer Haider
would prepare a Phase I report and map which details the existing system and plans for the
immediate future. Subsequent reports, Phase II and III, will be re ared with ideas for potential
p p p
future improvements.
City Engineer Haider left the meeting at 5:55 p.m.
G. ORGANIZED COLLECTION
City Manager McGuire reviewed the history of Maplewood's organized collection /recycling
programs and research. After some discussion, it was the consensus of the City Council that a
series of informational articles will be published in the Maplewood in Motion which will provide
information to the public about the advantages and disadvantages of the current open hauls stem
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and organized collection. Citizen comments and input will lie solicited through these articles.
H. COUNCIL POLICIES AND PROCEDURES
w �,
There was discussion about the existing Council policies and procedures., Many changes and
deletions were made. it was the consensus of the City Council that the amended documents be
placed on the regular meeting agenda on May 23 for Council action.
I_ OTHER BUSINESS
1 . Intern
City Manager McGuire reported that Shelley Mahre, a student at River Falls,
Wisconsin and a candidate for a Masters in Public Administration would like to
perform an internship with Maplewood* She is available 20 hours per week would
p s
use the City Council office, and would work on Council - related projects on a
voluntary basis. It was the consensus of the City Council that Mr. McGuire make
arrangements for Ms. Mahre to work with the Ci ty this summer.
2. Property at Frost and English
City Manager McGuire reported that the first property that will probably come before
the City Council to purchase as open space will be the site at the corner of English
and Frost. Mr. McGuire asked the Council for their thoughts about the advantages
and disadvantages of development/redevelopment at that intersection, the desirability
of the site, and what portions of I the site would the Council like to see as open space.
There was some discussion about promoting development on the Frost Avenue
frontage and purchasing the remaining land as open space. City Manager McGuire
asked that Councilmembers look at the site and let him know their thoughts this
week.
J. FUTURE TOPICS
It was the consensus of the Council that item 4. Visitor Presentations at Council Meetin will
gs
removed from the list and handled as part of the revisions to Council Policies and Procedures.
K. ADJOURNMENT
The meeting was adjourned at 6:50 p.m.
3
,jetion by Co= it
AGENDA REPORT
]Endorsed.�.�.
Vodlfibd
Rejeotad -
To: City Manager Michael McGuire Da'
From: Director of Public Safety Kenneth V. Collins.,
Subject: EMS Week Proclamation
Date: May 3, 1994
Introduction
The week of May 15 -21, 1994, has been designated Emergency Medical Services
Week.
Background
May 15 -21, 1994, has been designated Emergency Medical Services Week, which
recognizes the contributions of career and volunteer emergency medical
services personnel.
I am requesting that the Mayor and City Council declare the week of May 15 -21
Emergency Medical Services Week in the City of Maplewood.
Recommendation
I recommend approval and passage of the attached proclamation.
Action Required
Submit to the City Council for their review and handling.
KVC :js
Attachment
PROCLAMATION
WHEREAS., emergency medical services is a vital service; and
WHEREAS, access to quality emergency care dramatically improves the survival
and recovery rate of those who experience sudden illness or injury; and
WHEREAS onl y a third of Americans rate their households as being "very well
prepared" for a medical emergency; and
WHEREAS, emergency REAS medical services have traditionally served as the
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safety net of America's health care system; and
WHEREAS, the members of emergency medical services teams are ready to provide
lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS, emergency medical services teams consist of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters,
educators, administrators, and others; and
WHEREAS a proximately two - thirds of all emergency medical services providers
PP
are volunteers; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing
education to enhance their lifesaving skills; and
WHEREAS, Americans benefit daily from the knowledge and skills of these highly
trained i ndi vi duals; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services
Week; and
WHEREAS, the designation of Emergency Medical Services Week will serve to
educate the people of Maplewood about injury prevention and how to respond to
a medical emergency; and
NOW THEREFORE, I. Gary Bastian, Mayor of the City of Maplewood, in
recognition of this event, do hereby proclaim the week of May 15 -21, 1994, as
EMERGENCY MEDICAL SERVICES WEEK
and encourage the community to observe this week with appropriate programs,
ceremonies and activities.
AGENDA NO. F -1
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: May 2, 1994
It is recommended that the Council approve payment of the following claims:
ACCOUNTS PAYABLE:
$ 330 Checks # 2368 thru # 2431
Dated 4 -14 -94 thru 4-29-94
$ --- 65,136.22 Checks # 13405 thru # 13529
Dated 5 -9 -94
$ 395 Total Accounts Payable
PAYROLL
$ 213 Payroll Checks # 40190 thru # 40363
Dated 4 -22 -94
$ 48,776.25 Payroll Deduction check # 40368 thru
# 40383 Dated 4 -22 -94
$ 262 Total Payroll
$ 658 GRAND TOTAL
Attached is a detailed listing of these claims.
Iz
Attachments
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FEE FOR SERVI Ct
4 192.40
.. ......
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5
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327 . 00
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R _C R E" G EE
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13470
6 30200
05/09/94
NADEAU, EDWARD
UIV:IF i!RiviG ;: C:L.E.:f - i'H lN is
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05/09/94
NATIONWIDE ADUE.�TI`;It�C� SERVICE
PUBLISHING
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05/09/ 94
WI:{R "iH S TAR TU INC:.
MAI NTENA N C E M E
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NORTH GT. PAUL CITY OF
UTILIY::ES
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6601181
05/i_!:-''/94
NORTHERN AIRG S
iJPPLIES F.i.;UIf�MEi�f "I
=. . -.
137...1
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36.28
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13479
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05/09/94
PLAZA TIRE AND SERVlCE INC'
REPAIR ;3: MAIN"i /VEHiC:LE
5'.54
5Z 54
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0 / { }` 1': 4
F` R1Ei °ER, WILLIAM J.
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7
05/09
RI CA
FEE F SERVICE
8. :39
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FEES FOR SERVI
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510,00
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50.00
1
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15 „00
50 0,00
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SUPPLIES-OFFICE
1.98
SUF'F'LIES - OFFICE
4.17
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20.92
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3.66
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S T .PA R A 1+r S' E Y MEDICAL C E N i E
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AMBULANCE SUPPLIES & DRUGS
G.
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S T ATE F A R M IN S . C:
A/ R I NS U RAN CE C
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1 9 5 « 4 'f 1
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8
05 / 0 9 / 94
S . 1_r 1'" i r EfV , S COT T
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843
05/09/4
STRETCHERS GUNS
SUPPLIES- EQUIF'MEtait
15 15
--9 - .1r� - H 1 Gm
f w L ._.._.___._._. -____
_ _._._-_ .__- .__.__ ___+�y�..1 w 4f_�'
1 :3. 5 t,! -,
850
05/0 9/ 9 4
U I:= Li h t. A 1d P
FEES F O R S
40
4 0 . 80
' i
13504
8f;1575
0/0 9/94
S YS TE MS SUPPLY, ING
S
Z98
298
+ ( �,
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MAINTENANCE M
45, F
, --35 6 w 13
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S I E q V H
1: �(7
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05/09/94
TARGET STORES - CF`G , A/R
11t�F'L I ES - J AN I TOR I AL
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1 1
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1.350
86,:.655
05/09/94
THOMNSON, MIKE
REC. REG. FEES
13Yi,i!
13.00
"
1351
8 C , ; C. 0
05/0
- T I E D
REC: • RE FEES
.:` 1 0
1 ri
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4. r L. ,
7
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1
8 80 5 0 5
0 -5 i 0 9/.!4
TREIC•HEL., JOH14
REC. REG. FEES
18
18 c_}
1
88
0 �/(_1'1 1 1 ':7j 4
T CHEMIC IND USTRIE S
S + `�' � "+
U F` F� L i E. �, �- E .� U I F 1~i k 1'•� �'1
17 0 w 50
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_
4' q 0 0
L i N I i CiRiAL
-
1:3514
880800
0h /0 r`94
TRUCK UTILITIES MFG.
SUPPLIES - EQUIPMENT
1 7.2 6
17 Y26-
1 :.51
��8
to /0 -
T WIN I hl � i T�( S AW 13% SL F�1! IC t ►_�
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17 . c i
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1.3
890055
0 5 i0 1i`-14
USI, INC.
SUPPLIE Ori-ICE
1 1 wl: , 6-
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oft
PURCHASE OF VARIABLE FREQUENCY DRIVES
-
�' ' f_t " � •' { "� "!
13528 970 700 05/09/94 YOCUM OIL CO. FUEL & OIL
3, 13529 980190 05/09/94 ZAPPA STEVE REC. REG. FEES
TOTAL CIHEC�'.*S
a
U�
w
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05/09/9+
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13521
911350
05/09/94
VIKING ELECTRIC SUPPLY
SUPPLIES-EQUIPMENT
45.80
45.80
�
�
�
�
�
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13527
960500
05/09/94
XEROX CORPORATION
REPAIR MAINT/EQUIPMENT
3 0
)
'
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._ .._ _ -.--. . _Q--. ._'.
REPAIR mxzwT/squzpmsw7
18 .58
�
13
nspAin u mAzmr/EQuIpMEmT
97.94
13528 970 700 05/09/94 YOCUM OIL CO. FUEL & OIL
3, 13529 980190 05/09/94 ZAPPA STEVE REC. REG. FEES
TOTAL CIHEC�'.*S
a
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CITY OF MAPLEWOOD 0001
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE CURRENT PAY PERIOD
p»+YI- t-. � ' ' `� , ___ , '�_� � ., -_ _�_ HM UN I
& I�
3 15
���| 0040207
04/22/94
04/22/94
04/22/94
GREGORY .J. PIEKARSKI
26.25
WILLIAM MIKISKA
203w 20
00-4
04/22/94
-ZACH
0040 1'92
04/22/94.
.SHERRY ALLENSPACH
294-a 00
0040 1 94
04/22/94
MARVIN KOPIPEN
294,, 00
0040195
04/22/94
SHERYL LE
2 000*::67
0()40 197
04/22/94
THERES.E CARLSON
61
f-;-.)040 198
04/22/94
PATRICIA HENSLEY
31 8. 72
0040 t 99
')f--)4020O
0 4 9 4
04/22/94
GRETCHE11 11HU11- I CH
GINA CASAREZ
gel
953,w 20
00402 12
04/22/94
RICHARD HANGSLEBEN
1
101-D40202
tj 4/22194
LYLE SWANSON
17,-83
& I�
3 15
���| 0040207
04/22/94
04/22/94
04/22/94
GREGORY .J. PIEKARSKI
26.25
WILLIAM MIKISKA
203w 20
04/22/94 KEN TILLGES
23.75
46
00402 12
04/22/94
RICHARD HANGSLEBEN
1
0 !C 0040213
04/22/94
PLANA K MATHEYS
.1 371 2a
J40215
04/22/94
CAROLE J ANDERSON
5 7? 6,o 6 C-)
0040216
04/22/94
LUCILLE E AURELIUS
2 14
04/22/94 KEN TILLGES
23.75
0040242 04/22/94 LAURA ST. GEORGE
I 1 1.-.& •
9 3; r } . 3 2-'
0040243
157
04/22/94 JAMES YOUNGREN
1
Aw
CITY OF MAPLEWOOD
0002
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR
I -HE CURRENT PAY PERIOD
L;HECF% NUMBER
CHELK DR I
ELY P14YEE.
Rmoun--r
13 i
0040217
04722794
BE 11-Y D SELVOG
+._-
0040218
04/22/94
PATRICIA FRY
675,w 90
i
0040219
04/22/94
LOIS BEHM
1
yt
L. 2 0
04722194
UuNrNli L KELSEY
707,w 76
p 2
04/22/94
BONNIE JOHNSON
703,, 28
0040222
04/22/94
LORRAINE S VIETOR'
22aw 26
0 4y. X 2" Z 3
0 4 -1 -2-1 221 7' 9 4
CAR01 jAC30E
-171
1
. 18
24/22/94
004024
0
JEANETTE E CARLE
158. 00
4 i
20
0040225
SANDRA CL SON
935*64
12
I '.
!221
-6
F004022
04122194
MARY KAY PALANK
11+ a -a- V:
0040227
04/22/94
KENNETH V COLLINS
2 504,v 14
moo
0040228
04/22/94
CA ROLE L RICHIE
1,
i 28
1
0 0 4 0 2"! 2" 9
-2 19 4
0 4 1 2 -
JOANNE' 11 SVENDS 1q
7 6
4ow i
i :29!
0040230
04/22/94
EL AINE FULLER
5 64.49
, 321
004023 1 .
-4
04/22/9
CAROL F MARTINSON
1 231,.83,
i
1 33;
I , i
341
0 4 0 2 32
C14 22 9 4
ANTHONY G CAHAN-ES -
- - — — -
4%, an-551,
;351
1
i
0040233
04/22/94
ROBERT D NELSON
2 158a, 06
0040234
04/22*/94
VERNON T S1
TILL
I' 69ow oo
-D
-4
4 CD 2 3 5
04/22/94
DON W SKALMAN
L 0 4 6. 9
1421
004 CO236
04/22/94
CAROL NELSON
1 846a 90
-
0040237
04/22/94
RAYMOND J MORELLI
1, E-:Sgoo 00
1 '4141:
E
4 0 2
04/22/13_4
SCOTT t BY
155f
4-
:
43
(-)(--)4C)239
C- 4/22/94
JOHN J BANICK
1, 865n (--)4
0040240
04/22/94
JOHN C. BOHL,
I,- 902,w 64
0040242 04/22/94 LAURA ST. GEORGE
I 1 1.-.& •
9 3; r } . 3 2-'
0040243
157
04/22/94 JAMES YOUNGREN
1
Aw
6
CIT OF MAP#«.EWOOD
000
`
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04/22/94
WILLIAM' F P E L« t» i E R
1
0040246
04/22/94
THOMAS J. SZCZEPANSKI
11 _
1
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4 7`20.52`1 4
ABOT V WELCHL: 111
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0040248
04 / 22 / 94
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1 524, 00
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04/22/94
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04/22/94
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04/22/94
RICK A BOWMAN
1, 769,
0040261
04/22/94
FLINT.D KARIS
2 0800 03
381
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0040266
04/22/94
KEVIN RABBETT
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0040267
04/22/94
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1 1 1 54 9,2 9
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04/22/94
PAUL EVERSON
6(-.)4w24
1,61 0040270
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04/22/94
ROBERT VORWE K
1
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CIT OF MAPLEWOOD
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04/22/94
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KENNETH H G HAID
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JUDY M C�'w'�L ECK
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04/22/94
JOHN DU CHARM
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04/22/94
DENNIS L PECK
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04/22/94
WALTER M GEISSLER
1 56- 5. 2.0
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0040306
04/22/94
-rHERESA MErz
1, 330,w 80
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121
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04/22/94
JEAN NELSON
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04/22/94
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04/22/94
MARK. A MARUSKA
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04/22/94
JANET M GREW HAYMAN
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04/22 /94
MARGARET KUNDE
156, 00
; 54!
j
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0040324
04/22/94
JEAN NELSON
619w22
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE CURRENT PAY PERIOD
1 21
0 4 3. '2"' 5 0 4 1 22 , 12011 13 4 jUD T TH A HORSNE0 -
i 41 gat I iwJ 1.K
-)040326 04/22/94 ANN E HUTCHINSON
1 384, 4fu
0040327 04/22/94 RITA MACY
81 67W50
1-12
1 13
15
li 7
1 19
121
1222
123
• 1
' 41 ! '---)040344 04/22/94 MICHAEL VINCENT El br v 9
—31
tj4/22/94
KATHLEEN M D0HErF',TlY
L c-56. 40
40329
04/22/94
MARIE DARTIA
1 162,80
004,0330
04/22/94
GEOFFREY W OLSON
2, 253,v 64
Z31
04/22/94
NANCY lyl 1 SKELL
4t&-w 48
0040332
04/22/94
JOYCE L LIVINGSTON
684, 72'
0C)40333
04/22/94
CHRISTOPHER McGLINCEY
1381w 13
4 0 as as 4
C-) 4 2 2 4
KENNETH ROBERTS
1)2; 55
C)C)4(.-)335
04/22/94
THOMAS G PKRTROND
• A74.4 46
• 1
' 41 ! '---)040344 04/22/94 MICHAEL VINCENT El br v 9
—31
c )040336
04/22/94
MARJORIE OSTROM
1,
11271,
04/22/94
TIM BROWN
i
3 1
0 4;*" 2 2 t 9 4
N CARIN'LERN
518, &.--t
ln
;a 00
1 4ZJ
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004033
04/22/94
ROBERT J WENGER
1 5 1-!R 7 a 2
1311
4w 1
1
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1
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0040339
04/82/94
TRACEY MELANDER
38st 50
331*
4 350
04/22/94
$
1 3
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4 3
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2% 2, 12 -5-
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0040351
04/22/94
SUZANNE AHEY
5;
C 040341
04/22/94
TANIA CHASE
79, 00
0040342
04/22/94
TIMOTHY MACKLEY
:30A 00
,
4 0-4 0- F= , k =.. A
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—31
-)f 0345
C -T4
04/22/94
ANTHONY NICHOLSON
170*00
00402-.4e.
04/22/94
TIM BROWN
4181
)(:)4'
C _)347
04/22/94
JILL SCHOENECKER
;a 00
1 4ZJ
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0040348
04/22/94,
JOLA IN E OLSON
4 2 2 f 9 4
KATIE FAHEY
7 cy
4 350
04/22/94
MANDY ANZALDI
25• 09
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0040351
04/22/94
SUZANNE AHEY
32u50
qw/
CITY OF MAPLEWOOD� . 0007
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE CURRENT PAY PERIOD
141
4
Q040354
04/212/94
THOMAS E EASTMAN
50o 71
0040357
04/22/94
ROGER W BREHEIM:
1 312.40.
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(4/22/94
DAVID GERMAIN
1 312a 40
0040360
04 22 /94
DENNIS M MULVANEY
1, 4 39'.60
el i
004(1-)362
04/22/94
CONNIE WERMAGER
1,.t f--)36,w 97
VOID
004036- 5 VOID
04 22 /94
PUBLIC EMP RETIREMENT ASSOC
5
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0040369VOID
04/22/94
FIRST MINNESOTA
543-:0 75
100403,70VOiD
04122194
CITY OF MAPLI-- WOOD (HCMA)
4 DOS. 97
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32 OQ
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UN I -ED WAY OF ST. -PHtJL AREA
14 w8C)
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LIFE INSURANCE
243. 0 1
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04/22/94
COMMERCIAL
0040377
04/22/94
AFSCME 2725
688, 2f.
0040378
04/22/94
AFSCME 2725
7.99
10413 %9A VOID
:12
31
04/22/94 FIRST MINNESOTA (FICA) I 0, 0 3 0 7:2
',41 0040.384 VOID
0o
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171 1 0040366 04/22/94 PUBLIC EMP RETIREMENT k5SOC 379. 28
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04/22/94 PURL I. C EMP RETIREMENT ASSOC 8 53'
2 0040387 VOID
21-
22
GROSS EARNINGS AND DEDUCTIONS
1231
25�
!261
347, 140, 45
129
1 301
3 3 1
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131
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'4 13
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14 8 1
4:9
54
i1571
0 0 4 C 3 8 3 ooe 04/22/94 GREAT WEST LIFE
I -- ---r --r a
1 80. 00
0
CITY OF MAPLEWOOD
0008,
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
II
FOR THE CURRENT PAY PERIOD
L:.FiEL;K NOMBER,
• ECK DA f ED PR7F.E.
RMLIUN"f
3
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0040360
04 MN BENEFIT ASSOCIATION
599* 77
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0 40381
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29Ow9l
10413 %9A VOID
:12
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04/22/94 FIRST MINNESOTA (FICA) I 0, 0 3 0 7:2
',41 0040.384 VOID
0o
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171 1 0040366 04/22/94 PUBLIC EMP RETIREMENT k5SOC 379. 28
VOID
04/22/94 PURL I. C EMP RETIREMENT ASSOC 8 53'
2 0040387 VOID
21-
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GROSS EARNINGS AND DEDUCTIONS
1231
25�
!261
347, 140, 45
129
1 301
3 3 1
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131
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14 8 1
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0 0 4 C 3 8 3 ooe 04/22/94 GREAT WEST LIFE
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1 80. 00
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AGENDA NO. F' ;�
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: REVISED FINANCING PLAN FOR PUBLIC SAFETY
DEPARTMENT CAPITAL IMPROVEMENT PROJECT
DATE: May 2, 1994
PROPOSAL
Action by Council:
Endors
lodlfl ems,,,,,,,,,....,,,,,,,..
, ReJ eated
,vat
It is proposed that the capital improvement project consisting of expansion of the Public
Safety Department communication center and ventilation system changes be financed b y a
transfer of surplus money from the General Fund.
BACKGROUND
The 1994 Budget includes $85,000 for the expansion of the Public Safety Department
communication center and ventilation system changes. Budgeted financing for this project
and the replacement of the Gladstone Fire Station is a $1,185,000 bond issue. A November
1994 referendum is planned to obtain the necessary voter approval required for the bond
issue. The budgeted financing for these projects was determined in 1993 when the 1994
Budget was prepared and approved.
The 1993 Annual Financial Report indicates that the ending balance in the General Fund
exceeded the budget by over $796,000. The size of this surplus is unusual and was primarily
due to department heads restraining expenditures. For comparative purposes, the surplus
balances in the prior three years were $536,000 in 1992, $641,000 in 1991 and $397,000 in
1990. Because of the unusually large surplus balance at the end of 1993, it would be
appropriate to use $85,000 of it to finance the Public Safety Department project.
There are two major advantages of financing the project by using surplus money in the
General Fund. First, it would make it easier to explain the November referendum to
taxpayers if it is limited to replacement of the Gladstone Fire Station. Second, it would
eliminate 20 years of interest expense on the project as 20 -year bonds will probably be issued
for the fire station. The disadvantage of financing the project by using surplus money in the
General Fund is that it would increase the General Fund property tax levy for 1995 by
$85,000. However, this is a small amount compared to the city's total tax levy which was
$8,021,250 for 1994.
RECOMMENDATION
It is recommended that expansion of the Public Safety Department communication center and
ventilation system changes be financed by a transfer from the General Fund.
w:\agn\psimp
AGENDA NO. -F -w3
TO: City Manager
AGENDA REPORT
FROM: Finance Director
by C ounc i l
Endorse ..w..�..�....
M o di f i e d .. ,. ...... ,
Rea ectedw.:.
Dad
RE: REVISED FINANCING PLAN FOR COMMUNITY CENTER
CONSTRUCTION PROJECT
DATE: May 2, 1994
PROPOSAL
It is proposed that the financing plan for the Community Center construction project be
revised to provide that $121,000 of the cost be financed by a transfer from the Park
Development Fund instead of from the Tax Increment Fund.
BACKGROUND
Tax increment revenues in 1993 were less than anticipated. Also, in 1994 the tax increment
revenues will be less than anticipated. This is because Ramsey County has granted tax
abatements and has decreased the valuation of property in the tax increment districts.
Consequently, tax increment revenues will not be sufficient in 1994 to finance some of the
Community Center construction costs. The shortage is anticipated to be $121,000.
The Park Development Fund had a balance of $1,710, 175 on 12-31-93. This exceeded the
budget by $381,052. This $1,710,175 balance will be used to finance many park
development projects over the next several years. On 12 -31 -99 the balance is projected to be
$363,000. This surplus balance could be used for other park development projects or it
could be used to finance part of the Community Center construction costs.
Another method of financing the $121,000 needed for the Community Center construction
cost would be by a transfer of surplus money from the General Fund. The 1993 Annual
Financial Report indicates that the ending balance in the General Fund exceeded the budget
by over $796,000. The size of this surplus is unusual and was primarily due to department
heads restraining expenditures. For comparative purposes, the surplus balances in the prior
three years were $536,000 in 1992, $641,000 in 1991 and $397,000 in 1990. Because of the
unusually large surplus balance at the end of 1993, it would be appropriate to use $121,000
of it to finance a portion of the Community Center construction costs. The disadvantage of
financing the project costs by using surplus money in the General Fund is that it would
increase the General Fund property tax levy for 1995 by $121,000.
The surplus balance in the Park Development Fund should be used to finance the $121,000
needed for the Community Center construction costs because it is not needed for any specific
park development projects through 12 -31 -99 and this option would be better than an increase
in the General Fund property tax levy for 1995. If additional money is needed for park
development projects, property taxes could be levied when the need arises. However, it is
unlikely that a shortage would develop for several years because the Park Development Fund
had a 12 -31 -93 fund balance of $1.7 million.
After the construction of the Community Center is complete, the financing plan can be
implemented or revised. However, it is important to revise the financing plan now as tax
increment revenues in 1994 will be less than anticipated.
RECOMMENDATION
It is recommended that the financing plan for the Community Center construction project be
revised to provide that $121,000 of the cost be financed by a transfer from the Park
Development Fund instead of from the Tax Increment Fund.
w: \agn \comctrfi
AGENDA NO. ) C:O :wdl
AGENDA REPORT
TO: City Manager
FROM: Assistant City Manager
o`
RE: VACANT LOT WEST OF 1646 BURKE AVENUE
DATE: May 3, 1994
INTRODUCTION
Action by Counallor
Endorsed,..,*
Nodifi
ReJecto
Date $0ANN IN
At the April 28, 1993 meeting, the City Council declared Lot 1, Block 2, Pflueger's
Addition to Gladstone to be excess property and directed staff to talk to interested
buyers. The purpose of this report is to present an offer of $5,200.
BACKGROUND
The residents residing at 1646 Burke Avenue are still interested in the westerly lot
adjacent to their home. Other property owners in the area were contacted. However,
they were either not interested or wanted the property donated for a parking lot
(I. S. D. 622).
The City's appraisal stated that the land is very difficult to establish a price, because
the parcel does not have general market appeal. The real value is that amount that it
would add to an adjacent residential tract if combined. The appraisal stated that it is
worth approximately $1 per square foot or about $4,800.
The adjacent homeowner to the east has submitted an offer through their attorney.
The offer is $5,200. This price will cover the cost of the appraisal and associated
legal fees.
Copies of the offer and a location map are attached.
RECOMMENDA71ON
It is recommended that the City Council authorize the sale of the vacant lot west of
1646 Burke Avenue for $5,200 to the residents at 1646 Burke Avenue.
STAPLETON, NOLAN & MCCALL P. A.
Mr. Patrick Kelly
Attorney at Law
445 Minnesota Street
Suite 1750
St. Paul, MN 55101
RE: Purchase of Lot from the City of Maplewood
Lot 1, Block 2, Pflueger' s Addition to Gladstone
Our Client: James and Sarah Parks
Our File No. 14,755
Dear Pat:
My client has agreed to accept the City of Maplewood's offer to
purchase the property legally described as Lot 1, Block 2
Pflueger's Addition to Gladstone, Ramsey County, Minnesota for
$5,200.00 which to my understanding includes all seller's costs
associated with the sale of this property. Could you please
confirm this number and let me know how best to proceed as far as
the documentation.
I look forward to hearing from you on this matter.
Very truly yours,
STAPLETON, NOLAN & MCCALL P.A.
Therese H. McClou an
THM /cmc
*GERTIFIED AS A SPECIALIST IN CIVIL TRIAL ADVOCACY BY THE NATIONAL BOARD OF TRIAL ADVOCACY
AND THE MINNESOTA STATE BAR ASSOCIATION
"REAL PROPERTY LAW SPECIALIST, GERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
tALSO MEMBER OF WISGONSIN BAR
ATTORNEYS AT LAW
2,900 AMERICAN NATIONAL BANK BUILDING
101 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
E. MARTIN STAPLETON
TELEPHONE (812) 227 -8881
MARK M. NOLAN*
FAX (612) 223 -8124
PETER J. MCCA.LL * *t
JAMES T. HYNESt
THERESE H. McCLOUGHAN
Ap r i 1 19, 1994
Mr. Patrick Kelly
Attorney at Law
445 Minnesota Street
Suite 1750
St. Paul, MN 55101
RE: Purchase of Lot from the City of Maplewood
Lot 1, Block 2, Pflueger' s Addition to Gladstone
Our Client: James and Sarah Parks
Our File No. 14,755
Dear Pat:
My client has agreed to accept the City of Maplewood's offer to
purchase the property legally described as Lot 1, Block 2
Pflueger's Addition to Gladstone, Ramsey County, Minnesota for
$5,200.00 which to my understanding includes all seller's costs
associated with the sale of this property. Could you please
confirm this number and let me know how best to proceed as far as
the documentation.
I look forward to hearing from you on this matter.
Very truly yours,
STAPLETON, NOLAN & MCCALL P.A.
Therese H. McClou an
THM /cmc
*GERTIFIED AS A SPECIALIST IN CIVIL TRIAL ADVOCACY BY THE NATIONAL BOARD OF TRIAL ADVOCACY
AND THE MINNESOTA STATE BAR ASSOCIATION
"REAL PROPERTY LAW SPECIALIST, GERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
tALSO MEMBER OF WISGONSIN BAR
°
THEY APPEAR IN
OFFICES AFFECT/!
THIS DRAWING IS
REFERENCE PURP
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Date:
Tuesday, April 26, 1994
From:
Jean Nelson
To:
Mike McQuire
Subject:
Donation
MEMORANDUM
,, otioil " "'" ;_.�.
Endorsede ---
Modifie
NO sated,
We have received cash donations amounting to $21.00 from visitors. Please ask the City Council to put this in
the Park Development Fund budget, 403 - 814 - 316 -4720.
Thank you.
Aot on by C ou clI
EndoreeA,,,�,.,.
Mod f i ems., .
Rejeoted
Date
To: Pauline Staples
From: Janet Grew Hayman
Re: Memorial Donation in memory of Robert Emeott
Date: April 22, 1994
The family of Robert Emeott has made a memorial donation of $165 to Maplewood Nature
Center. The family would like the money to be used to purchase wildflowers for the new
wildflower garden.
I would like to request that the city council designate these funds to account 101- 604 -000-
4120. A thank you has been sent.
Fmow q
MEMORANDUM
TC:
FROM:
SUBJECT:
LOCATION:
PROJECT:
DATE:
INTRODUCTION
City Manager
Ken Roberts,. Associate Planner
Final Plat
Holloway Avenue and Beebe Road
Holloway Pond 2nd Addition
May 4, 1994
,fiction by Council V
Endorse - -
Medif i e _-
ReJ e0ted.............
Date
Good Value Homes is requesting that the City Council approve the Holloway Pond 2nd
Addition final plat. This 24 -lot plat is for twelve double dwellings. The plat is south of
Holloway Avenue and west of Beebe Road. (See the maps on pages 2 -3 and the final
plat on page 4.)
BACKGROUND
On January 24, 1994, the City Council made several approvals for the Holloway Pond
2nd Addition. These approvals included building setback variances, lot -area and lot
width variances, a preliminary plat and a zoning map change. The map change was
from R -3 (multiple dwellings) to R -2 (double dwellings). (See the site plan on page 5
and the preliminary plat conditions on page 6.)
On March 14, 1994, the City Council vacated a street and utility easement on this site.
DISCUSSION
The developer has met all the conditions that the Council required to approve the final
plat. He has started grading.
RECOMMENDATION
Approve the Holloway Pond 2nd Addition final plat.
go /b- 7:memo35h.mem (14)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Proposed Final Plat
4. Site Plan
5. 1 -24 -94 Council minutes
Attachment 1
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PROPOSED
HOLLOWAY.
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PROPOSED FINAL PLAT
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HOLLOWAY POND 2ND ADDITION
12 BUILDINGS — 24 UNITS
SITE PLAN
4
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Attachment 5
Preliminary Plat
J. Mayor Bastian + tho ApRrnvp the Preliminary Plat with the
Bondi ions to be completed before 122rovil of e Ejnjl P-1at
1) Have the City Engi.neer 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 play to contain the 100 -year high water level
of 980.3 on the site.
2) Give the City an easement for a wetland buffer zone. This
easement shall prohibit any mowing, cutting, filling or dumping,
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, lo, 13 16
and 17 and the wetland boundary.
c. Dedicate a drainage easement around the wetland on the
site's 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 wetland 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 dunk 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
1-24 -94
6
m
,tot i on by L ouno ilt
Endorsed.
MEMORANDUM
Modi Rej set
Dat
TO: CITY MANAGER
FROM: PAULINE STAPLES, ACTING PARKS AND RECREATION DIRECTOR
SUBJECT: INVESTIGATE HIRING AN ARCHITECT FOR WESTERN HILLS PARK
DATE: MAY 2, 19 94
INTRODUCTION
THE PARK AND RECREATION COMMISSION HAS CONDUCTED A SURVEY OF THE
RESIDENTS IN THE WESTERN HILLS PARK NEIGHBORHOOD. SURVEY'S WERE MAILED
TO RESIDENTS IN THE WESTERN HILLS PARK LOCATION REQUESTING THEIR
COMMENTS ON CHANGES AND IMPROVEMENTS THAT THEY WOULD LIKE TO SEE
MADE IN THE PARK. THE SURVEY HAS BEEN TALLIED WITH MANY POSITIVE
COMMENTS AND SUGGESTIONS. NEIGHBORHOOD MEETINGS HAVE BEEN
CONDUCTED. THE NEXT STEP WOULD BE TO INVESTIGATE HIRING AN
ARCHITECT TO SUBMIT DESIGNS, IN ACCORDANCE WITH SURVEY RESULTS AND
NEIGHBORHOOD CONCERNS, FOR WESTERN HILLS PARK.
RECOMMENDATION
TO APPROVE STAFF RECOMMENDATION TO INVESTIGATE HIRING AN ARCHITECT
TO DESIGN WESTERN HILLS PARK AS PER THE APPROVED PARK PLANNING PROCESS.
FUNDING WOULD BE INCLUDED IN THE PARK DEVELOPMENT FUND.
nwi
MEMORANDUM
TO: City Manager
FROM: Thomas Ekstrand, Associate Planner
SUBJECT: Conditional Use Permit and Design Review
PROJECT: Golden Star Apartments
DATE: April 21, 1994
INTRODUCTION
Description of the Project
Aotion by Coup i1 t
Endorse
Modif i e
R
I ; Dat
Golden Star Properties is proposing four changes to the Golden Star Apartments
(formerly the Larpenteur East Apartments). (See the maps on pages 9 -10.) They are
proposing to do the following:
1. Build 53 garages in four separate buildings. The garages would have tan vinyl
siding and brown asphalt shingles to match the apartment's colors. Each garage
unit would be separated with plywood or chipboard. (Refer to the drawings on
pages 13 -15.)
2. Pave a 24- foot -wide driveway to McMenemy Street and remove any asphalt within
25 feet of the McMenemy Street right -of -way.
3. Move the parking lot on the west side of the building closer to the apartments. This
would allow for a 24- foot -wide drive aisle. The Code requires a minimum drive
aisle of 24 feet.
4. Build two trash enclosures. There would be one along the freeway frontage road
and one at the site's northeast corner. The applicant proposes to build these out of
eight- foot -long fence sections.
Refer to the site plan on page 11 and the enclosed drawing.
Request
The applicant is asking for a conditional use permit (CUP) to expand a nonconforming
use. The parking lots all have nonconforming setbacks from the south, north and west
lot lines. The applicant proposes to build the garages at these same setbacks.
The Code requires that the garages along the frontage road and Larpenteur Avenue
have a 30 -foot setback from those lot lines. The applicant proposes five feet. The Code
requires that the northerly garages have a 20 -foot setback from the north lot line. The
applicant proposes seven feet.
Reason for the Request
The owners are having a problem with cars being vandalized. They feel that they can
attract better tenants by having garages. There is not enough space available on the site
for the applicant to add the garages and meet the setback requirements. (Refer to the
letter on page 12.)
BACKGROUND
These apartments have been one of the worst apartment projects in the City. the
present owner recently purchased the project and is making significant improvements.
on January 11, 1994, the City Council requested that the County give the City a
$500,000 love- interest loan for the rehabilitation of the Golden Star Apartments.
DISCUSSION
Conditional Use Permit
The City Council should grant the CUP. The proposed garages would bring the
apartments closer to Code compliance. The Code requires one garage for each
apartment or 109 garages.
The garages would not negatively impact any neighbor and would buffer the
apartments from the freeway. They would be neater than open parking and would
..protect residents' cars. The proposed southerly garages would line up with the
established setback of the dwellings to the east. The northerly garages would not affect
:adjacent uses. The properties to the north are the rear yards of a single dwellings.
There are no buildings along the frontage road.
Chief Collins is concerned about the garages reducing the surveillance opportunities.
The City should require site - security lighting on the site and around the garages, subject
to the Chiefs approval.
Parking Spaces
The code requires 218 parking spaces._ The plan shows 135 spaces with the garages.
The open spaces are ten feet wide. The Code allows a minimum width of 9.5 feet. The
spaces are not now striped. The developer should stripe the parking lot with 9.5 -foot-
wide spaces where this would add parking spaces. Reducing the parking space widths
would add two more spaces. The garages will reduce the potential parking spaces by
two. Parking is not a problem now because the building is not leased up. The developer
expects to have the building 95% leased up by the end of June.
2
Proposed Driveway to McMenemy Street
The Fire Marshal will not allow the fifteen garages along Larpenteur Avenue without a
driveway to McMenemy Street. He feels that the people may park in front of the
garages and block the driveway. If this happens during an emergency, he wants two
means of access to this drive.
The Code requires that the proposed driveway be at least thirty feet from the
Larpenteur Avenue right -of -way. The Director of Public Works has approved the
proposed 25 -foot setback because of the limited amount of traffic anticipated from this
driveway.
Neighbors' Concerns
Two neighbors stated that "the apartment owner should upgrade the types of renters in
the building."
The new garages would improve the apartments and increase the potential for drawing
good tenants. The garages would improve the site's appearance by screening the
remaining open parking.
"City should not bend the rules, if so, what good are they."
Enforcing the City's rules is important. However, in this case there are conflicting rules.
One rule requires 55 garages. Another rule requires minimum setbacks. The applicant
cannot meet both rules. The City needs to decide which rule is more important. There
are special circumstances with this application. The proposed garages would benefit the
property as noted above. The variance is necessary because there is not enough area
available on the site to add garages and still meet the setback requirements.
"There has been a problem with noises three seasons a year. The garages should have a
fire and noise barrier, preferably concrete block."
This comment is from the abutting neighbors to the north. The Building Code would
require aone -hour rated fire wall for the garages because the setbacks are less than ten
feet from the lot lines. When these neighbors made this comment, the applicant had
been proposing a row of twenty garages along the north property line. The current
proposal is for eight garages at the furthest point along the north line that is away from
the neighbors. These garages should not affect the neighbors.
RECOMMENDATION
A. Adopt the resolution on page 17. This resolution approves a conditional use permit
for 321 East Larpenteur Avenue. The permit allows four garage buildings, with a
C
total of 53 garages, to be built with the current parking lot setbacks at the Golden
Star Apartments. The permit is based on the findings required by the 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 review not review this permit again unless there is a
problem.
B. Approve the plans (stamped April 20, 1994) for four garage buildings (53 garages)
and two trash dumpster enclosures at the Golden Star Apartments, subject to the
findings required by the Code. The property owner shall do the following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Sweep and stripe the parking lot. The owner shall submit a parking lot striping
plan to the City for approval. This plan shall show 9 1/2- foot -wide parking
spaces where additional parking spaces can be gained. There also shall be
handicap- parking spaces and handicap- parking signs provided that meet the
Americans with Disabilities Act (ADA),
3. Stain the trash enclosures a color matching the building. The enclosures must
extend to the ground to contain debris. The enclosures and gates must be
100% opaque. There shall be concrete -filled steel posts anchored in the ground
at the front corners of the enclosure. (code requirement)
4. Provide site - security lighting, subject to the approval of the Director of Public
Safety. (code requirement)
5. Provide a drainage plan to the City Engineer for approval.
6. Install continuous concrete curbing for all new parking lot and driveway edges.
(code requirement)
7. Mark the "no parking" area along the north lot line, subject to the Fire
Marshal's approval.
8. Move the two mail boxes that are in the location of the proposed driveway.
4
9e Install a stop sign at the McMenemy Street drive,
10. All work shall follow the approved. plans. The Director of Community
Development may approve minor changes.
5
CITIZENS' COMMENTS
I surveyed the owners of the 47 properties within 350 feet of the apartment site. of the
fifteen replies, seven were in favor, two objected, five had no comment and one had a
miscellaneous comment.
In Favor
1. I believe it will improve the quality of tenants, but they must be maintained and
left clean. (Vandenbeusque, 1724 McMenemy Street)
2. We would like to see the apartment area cleaned up. (Rawlings, 1705 Edgemont
Street)
3. It will attract better tenants to the buildings. It has no negative impact that I can
see at this time. (Azzone., 1723 Edgemont Street)
4. It will improve the area. (McGough 1977 Summer Avenue)
5. Hopefully it will increase the value of the property and get a better class of renters.
It looks like the new owners are improving the property. I am glad of that because
it was getting to be a real eye sore not to mention all the fire department calls.
(Carm*tsch, 1740 McMenemy Street)
6. If it upgrades this property and makes it more suitable for responsible tenants it
meets our approval. (Anderson, 1689 Edgemont Street)
Opposed
1. If you bend the rules for this management, what good are the rules? This
establishment only rents to Riff Raff and should not receive any consideration for
anything! ((Morelli,. 1658 Westminster Street, St. Paul)
2. We have a problem with noises excessive at times three seasons a year and the fear
of fire. Install and maintain afire /noise barrier (preferably concrete block) the full
length of the north line. It must be high enough to detour any climbers. The
garages would then be acceptable. (Rasmussen and Tatro, 1733 McMenemy Street)
Miscellaneous Comment
I would hope it would upgrade the types of renters in the building. Make it an
apartment for senior citizens. We need and request safety. (Leseman, 1741 McMenemy
Street)
M
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 3.2 acres
Existing land use: The 1 o9 -unit Golden Star Apartments
SURROUNDING LAND USES
North: the rear yards of single dwellings
South: Larpenteur Avenue
West: I -35E frontage road
East: McMenemy Street and single dwellings
PLANNING
Land Use Plan designation: R -3H (high density multiple dwellings)
Zoning: R -3 (multiple dwellings)
Ordinance requirements:
Section 36- 27(a)(2) requires a landscaped area of at least twenty feet in width where
multiple dwellings abut property that the City has zoned for single dwellings.
Section 36 -28(c) (6) (a) requires a thirty-foot minimum setback for a building from a
street right -of -way.
Section 36 -22 (a) (2) requires two parking. spaces for each living unit. One of these
spaces must be enclosed.
Section 29 -122 requires a 30-foot driveway setback from the intersection of a major
street.
Section 36 -17(e) (2) requires that no existing building or premises devoted to a use not
permitted in the district in which such building or premises is located shall be enlarged,
reconstructed or structurally altered, unless there would not be a significant affect, as
determined by the City through a CUP on the development of this parcel as zoned.
Section 25 -70 of the City Code requires that the CDRB make the following findings to
approve plans:
1. That the design and location of the proposed development and its relationship to
neighboring, existing or proposed developments and traffic is such that it will not
7
impair the desirability of investment or occupation in the neighborhood; that it will
not unreasonably interfere with the use and enjoyment of neighboring, existing or
proposed developments; and that is will not create traffic hazards or congestion.
2. That the design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the
harmonious, orderly and attractive development contemplated by this article and
the City's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that it is
aesthetically of good composition, materials, textures and colors.
Criteria for CUP Approval
Section 36-442(a) states that the City Council may approve a CUP based on certain
findings. (Refer to the required findings in the resolution on page 17.)
gob- 6:goldsta3.mem (18)
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Site Plan dated April 20, 1994
4. Applicant's Letter dated April 20, 1994
5. Building Elevations dated March 16, 1994
6. Garage Schematic dated March 16, 1994
7. Trash Enclosure Sketch dated March 16, 1994
8. Resolution
9. Site Plan (full size) dated April 20, 1994 (separate attachment)
8
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Attachment 4
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APR 2 0 04
- �d�!cttI7ktd�E APPLICATION ------ •------- --- -•-- ---
The owners of Golden Star Properties, 321 E. Larpenteur, would.like
to request a variance to the city ordinance requiring minimum set
backs for new buildings. We are attempting to build garages on the
property.
Enforcement of the city ordinance requiring minimum setbacks from
property lines would make our proposal unfeasable. The garages
cannot be built without the variance because of the physical
limitations of the property.
The apartment building was built in 1967 and allowances were not
made for future buildings. The variance would not alter the essential
character of the area and instead would enhance the area by
providing a sound abatement to Highway 35E on the western
property line. The garages on the north would also serve as a buffer
between the single family residential and the apartment complex. In
addition, the garages would add security for residents of the
complex and contribute to the overall revitalization and
rehabilitation of the property.
The variance, if granted, would allow us to approach the guidelines of
today's city ordinance which states that amultiple- family dwelling
must provide one garage for each apartment on site. There are 109
units and we would like to build 53 garages.
We appreciate your timely consideration of this matter.
GOLDEN STAR PROPERTIES
12
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TYPICAL END VIEW
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C-1-
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Golden Star Properties applied for a conditional use permit to expand an
existing nonconforming use by building garages at the Golden Star Apartments. The
proposed garages would maintain existing nonconforming parking lot setbacks.
WHEREAS, this permit applies to 321 East Larpenteur Avenue. The legal description
is:
The SE 1/4 of the SE 1/4 of the SE 1/4 of Section 18, Township 29, Range 22,
except for that part taken for highway and roads, Ramsey County, MN
WHEREAS, the history of this conditional use permit is as follows:
1. On April 26, 1994, the Community Design Review Board recommended that the
City Council this permit.
2. On May 9, 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 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, disturbin g or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run -off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would
not create traffic congestion or unsafe access on existing or proposed streets.
17
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
v
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9.. ' The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan 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 review not review this permit again unless there is a
problem.
The Maplewood City Council adopted this resolution on , 19940
18
Community Design Review Board -2-
Minutes of 4 -26 -94
1. The acreage of the church property large (3.9 acres). A 32- square -foot sign
would not be too large fo this siz site.
2. The design of the sign, incl lighting, is attractive.
3. The setback meets the code!
4. The sign would not blo dri ers' visibility when exiting the site.
5. The church is 817 et from th street and not easily visible.
Boardmember Anitz�erger seconded Ayes- -all
Be . , Conditional Use Permit and Design Review - Golden Star Apartments
Troy May was present representing the applicant. Mr. May said he has reviewed
the recommended conditions of the April 21, 1994 staff report and is in agreement
with them. The Board discussed the need for a retaining wall on the north side of
the site and that the brush on. the north lot line be cleaned up. The Board members
discussed the possible damage that may occur to the proposed garages due to the
limited area for accessing them. They suggested that installing reinforcing pipes
may prevent damage to the garages.
Boardmember Thompson moved the Community Design Review Board recommend:
A. Adoption of the resolution which approves a conditional use permit for 321
East Larpenteur Avenue. The permit allows four garage buildings, with a total
of 53 garages, to be built with the current parking lot setbacks at the Golden
Star Apartments. 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 again unless there is a
problem.
Be Approval of the plans (stamped April 20, 1994) for four garage buildings (53
garages) and two trash dumpster enclosures at the Golden Star Apartments,
subject to the findings required by the code. The property owner shall do the
following:
Community Design Review Board -3-
Minutes of 4 -26 -94
1. Repeat this review in two years if the City has not issued a building
permit for this project,
2. Sweep and stripe the parking lot. The owner shall submit a parking lot
striping plan to the City for approval. This plan shall show 9 1/2 -foot-
wide parking spaces where additional parking spaces can be gained. There
also shall be handicap- parking spaces and handicap- parking signs provided
that meet the Americans with Disabilities Act (ADA).
3. Stain the trash enclosures a color matching the building. The enclosures
must extend to the ground to contain debris. The enclosures and gates
must be 100% opaque. There shall be concrete -filled steel posts anchored
in the ground at the front corners of the enclosure. (code requirement)
4. Provide site - security lighting, subject to the approval of the Director of
Public Safety. (code requirement)
S. Provide a drainage plan to the City Enguieer for approval.
.6. Install continuous concrete curbing for all new parking lot and driveway
edges. (code requirement)
.7. Mark the "no parking " area along the north lot line, subject to the Fire
Marshal's approval.
S. Move the two mail boxes that are in the location of the proposed
driveway.
9. Install a stop sign at the McMenemy Street drive.
10. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
11. Install a 4- foot -high interlocking retaining wall on the north property line
where the washout has occurred.
12. Clear away sucker trees, dead brush and/or dead trees along the northerly
property line, subject to staff approval.
Boardmember Anitzberger seconded Ayes - -all
C. Commercial Pro rty Study
Will Rossbach, a m ber of the Planning Commission and Phalen Chain of Lakes
Watershed Stee ° g mmittee, was present. Mr. Rossbach explained the
G MW 4 Z
MEMORANDUM
TO: City Manager
FROM: Director of Community Development
SUBJECT: Conditional Use Permit Review— Compost Site
LOCATION: Beam Avenue, between Highway 61 and Hazelwood Ave.
DATE: April 8, 1994
INTRODUCTION
Acton by CounciI
Endorsed,.
Modifie ft
ReJecte
Data
The City Council should review the conditional use permit (CUP) for the County
compost site on Beam Avenue. (See the maps on pages 10 and 11.) Residents have
complained about odors from the site.
BACKGROUND
In 1984, Hubbard broadcasting (the property owner) signed an agreement with the City
to allow a compost site on the property.
In 1986, Hubbard Broadcasting gave the City permission to expand the compost site.
On January 1, 1990, a State law went into effect that prohibits haulers from collecting
yard waste with household garbage. Haulers will pick up yard waste separately, but
they charge extra.
On November 25, 1991, the City Council approved a CUP for this compost site subject
to seven conditions. (See the recommendation on page 5.)
During August- September 1992, the staff surveyed property owners around the
compost site about odor problems. We asked residents to rate odors as significant, slight
or no detectable odor. From August 24 -30, five out of nine residents who replied noted
a significant odor at some time. From August 31- September 6, one out of seven
residents who replied noted a significant odor at some time. From September 7 -13
three out of seven residents who replied noted a significant odor at some time. From
September 14 -20, three out of eight residents who replied noted a significant odor at
some time.
During April -May 1993, the staff surveyed 56 property owners around the compost site
about odors from the site. We asked the property owners to record the time and degree
of odor each day from April 18 through May 15, 1993. (See the survey results on page
8 and the map on page 12.)
(Note that the County cooperated with the 1992 and 1993 surveys.)
DISCUSSION
The Need for a Compost Site
The State law about yard waste has increased the need for compost sites. Property
owners have three options for disposing of their yard waste. They may pay their haulers
extra to pick up yard waste, compost it in their yards or take their yard waste to a
compost site.
The Maplewood site is the busiest of the eight compost sites in the County. The
following chart shows the usage and amount of material collected at the Maplewood
site. About half the users are Maplewood residents.
In 1993, the amount of yard waste received was unusual because of the high rainfall.
The Odor Problem
The City should approach the odor problem in two ways. The first is to establish
objective procedures to verify and measure odor complaints. The second approach
should be to implement ways to reduce the odor problems.
Concerning the first point, an odor consultant would train City employees to verify or
measure odors. The environmental health officer would respond to complaints during
the day and the police department would respond at night. If the City inspector detects
a significant odor, he or she will measure it or call an independent testing company to
measure the odor. We are researching the costs and availability of testing companies.
The inspector would use a scientific testing method. Based on the testing scale, the
conditional use permit would set specific odor limits. The County would p a Y for the
training and testing.
Concerning the second point, the City's environmental health officer believes that the
strongest odors come from turning or moving the old piles of leaves that are still
decomposing. There is very little odor from hauling out the finished compost or from
pushing the freshly dumped leaves together.
In reviewing the results of the City's 1993 survey, we did not find a direct correlation
between the day the County turned the piles and when residents noted strong odors.
2
Cubic Yards (CY)
CY Managed
CY Transferred
Y_ ear
Number of Visits
Received
On -site (leaves)
(uass)
1990
60,000
19,123
10
9,123
1991
62,497
13,613
5,905
7,710
1992
60,491
22,477
17,317
5,160
1993
66,901
27,480
21,240
6,240
In 1993, the amount of yard waste received was unusual because of the high rainfall.
The Odor Problem
The City should approach the odor problem in two ways. The first is to establish
objective procedures to verify and measure odor complaints. The second approach
should be to implement ways to reduce the odor problems.
Concerning the first point, an odor consultant would train City employees to verify or
measure odors. The environmental health officer would respond to complaints during
the day and the police department would respond at night. If the City inspector detects
a significant odor, he or she will measure it or call an independent testing company to
measure the odor. We are researching the costs and availability of testing companies.
The inspector would use a scientific testing method. Based on the testing scale, the
conditional use permit would set specific odor limits. The County would p a Y for the
training and testing.
Concerning the second point, the City's environmental health officer believes that the
strongest odors come from turning or moving the old piles of leaves that are still
decomposing. There is very little odor from hauling out the finished compost or from
pushing the freshly dumped leaves together.
In reviewing the results of the City's 1993 survey, we did not find a direct correlation
between the day the County turned the piles and when residents noted strong odors.
2
The odors only effect the people downwind of the site. County personnel are now
monitoring their contractors to make sure they only work on the piles when the wind is
blowing away from nearby homes. The golf course kept records of the wind direction
on their survey sheets. From this we can tell who should have been effected on any
given day by the odors from the site. The survey results are consistent with the wind
directions.
Some odors arise from handling grass clippings. Grass clippings that have been sealed in
a plastic bag for a couple of days can be very smelly when they are dumped. The
County does not compost grass clippings on site. They stopped this after trying it for
one summer in 1989.. The County collects the grass on site and then removes it. In
1990 and 1991, the County had the grass removed from the site twice weekly. In
August 1992, the County started having the grass removed three times a week to
reduce odor problems. The County plans to try something new this year. After removing
a pile of grass, they will place lime on the site to cut down on odors and will rotate
drop -off areas on site.
The County has implemented several operational changes that address odor issues. (See
the memo from the County on page 13.)
Composting Concepts Site in Woodbury
Woodbury had an odor problem with a commercial composting site. Composting
Concepts operates a 20 -acre composting site in Woodbury. The site is only available to
commercial haulers. Residents complained of the smell to Woodbury. The closest
neighbor was one - fourth mile away. When the Woodbury staff checked on the odor
complaints, they did not note the objectionable odors that the complainants did.
In 1991, the Woodbury City Council revoked the interim special use permit for the site
and gave Composting Concepts one year to move their operation. Composting Concepts
took the City to court. The judge strongly encouraged the City and Composting
Concepts to work out a negotiated settlement. In 1992, Woodbury and Composting
Concepts negotiated a new interim special use permit for the site. The agreement was
to close the site after five years.
The permit has standards for site management as well as procedures for testing and
verifying odors. (See the permit on page 16.) Since adopting the permit conditions, the
City of Woodbury has not had a complaint about odors. The City attributes this to the
site operator learning how to manage site odors.
Options
The odor problem has several options. I have placed them in order of restrictiveness:
RI
1. Change the permit conditions to monitor and control odors better.
2. Deduce the site size to reduce the amount of material that may be causing the
smells. The County would have to haul leaves away that could not be composted
O
on si te.
3. Close the site in the summer. This is the prime grass growing and dumping season.
Grass is a source of smell. This option would limit the collection of grass clippings.
4. Turn the site into a transfer station for leaves, as the County is now doing with
grass. This would end composting on the site, but would increase the County's
costs by about $85,000 to $135,000 per year. Also, by transferring leaves from the
site, compost would no longer be available by users of the Maplewood site.
Providing compost to the public has been a popular service.
5. Require that the composting site close in a specified number of years. Woodbury
required that Composting Concepts close in five years.
6. Close the site by ending the CUP now. Woodbury tried doing this without success.
The Maplewood site is the busiest compost site in the County. Closing the site under
Options 5 or 6 would create the following problems:
1. The other composting sites are not as convenient for the .thousands of people who
use the Maplewood site. The nearest County yard waste sites are the compost site
south of Lake Phalen and the White Bear Township site that borders Shoreview
near the Anoka County Line. According to the County, these two sites have little or
no area for additional yard waste. As a result, the County would have to transfer
the additional yard waste brought in by current users of the Maplewood site to
private disposal sites. This would result in a considerable cost to the County.
2. Finding a better site in this area would be difficult. This site has many advantages.
These include the distance from homes (at least 500 feet) and the existing
vegetation and topography screen the site from surrounding properties and help to
limit access to the site. Additionally, site access is easy to control (it requires no
fencing) and the entrance is on an arterial street.
3. There would be an increase in the amount of yard waste that people put in their
garbage and an increase in illegal dumping.
Compost sites create odor. The challenge is to manage the odors so they are not a
nuisance. Before considering more restrictive options, the City should start by seeing
what we can do to reduce odors by site management. Woodbury has been successful
4
with this option. Site management is the key to controlling odors. Charles Cannon,
executive vice president "of The 'Composting Council (Alexandria, VA), states:
Odor control is a critical management challenge for composting operations. The single
most important cause of odor formation is inadequate management of organic
q g g
material.
Site management may include limiting the amount of material stored on the site,
turning the piles whenever necessary to minimize odors (done only when the wind is
blowing right), the use of deodorizing sprays or regularly removing the grass clip
n s.
pp g
However, there may be people who will object to even the slightest odor.
We are recommending several changes to the , permit that we hope will reduce site
odors. If these steps - do not work, the City - may have to consider the more restrictive
options.
RECOMMENDATION
Approve the resolution on page 23. This resolution revises the permit conditions as
follows: ( I have underlined the additions and crossed out the deletions.)
1. The site may be open to the public between March 24 and December 6 of each
year.
2. The site may be open to the public between the hours of 9:00 a.m. and 8:00 p.m.
3. The County shall provide at least one monitor at the site for all hours that it is
open to the public. If the City or County determines there is a need for more site
monitoring, the County shall assure that the site has adequate monitoring.
4. The site shall accept only the following. materials: wood chips garden waste, lawn
cuttings, weeds, prunings of soft bodied plants, leaves along with materials like
pine cones, fruit and small twigs that people pick up with their yard waste.
5. The City prohibits the dumping or storing of the following materials: ra h; V.
9
brush, branches, garbage or refuse °f t ° *°
6. The County shall have the grass clippings removed from the site at least three
times a week (Mondays, Thursdays, and Saturdays) or other days if necessary to
help prevent objectionable odors
7. The City Council shall review this permit at the end of 1994 ' e
5
8. The County shall manage the compost site to minimize the amount of objectionable
odors. Management vrocedures shall include the followin
a. Procure, maintain and use wind direction and speed monitoring equipment at
the site. The County shall provide this a upment so it is accessible to the City
staff.
b. Record wind speed and direction every two hours during pile turning and the
haul -out of materials.
c. During April throuzh October, turn the wiles of materials only when the wind
is blowing from the southeast, south or southwest and at least five miles per
hour. During November through March, the wind must be calm or from the
east south or west. The piles shall only be turned between the hours of 8:00
a.m. and 4:00 p.m. on Mondgy through Friday.
d. Keep a written record of:
The times of pile turning and the haul -out of materials
Compost pile temperatures
A description of the compost quality
The initial date and aging of the compost piles
94, The Community Devel opment Department shall handle odor complaints durin
regular business hours and the police department shall handle odor complaints
after regular hours. The inspector shall verify and measure whether there is an
odor that violates the odor standards of this permit. To determine if there is a
violation of this permit, the inspector shall follow the procedures in Attachment A
of this permit. A violation of this permit, shall occur when the inspector has
recorded ten sniffings of the ambient air over a period of thirty minutes with a
geometric average OIRS of (a) 3.0 or greater if the property at which the testingis
being conducted contains a permanent residence, or (b) 4.0 or greater if the
propeM at which the testing is being conducted does not contain a permanent
residence. (See Attachment B of this permit for a description of the odor scale.) If
there is a violation, the inspector shall investigate to establish the source of the
odor. The City shall notify the Cou= of the violation. The County shall advise the
City of the reason for the problem and correct it to meet the standards of this
permit. The Cou= or site operator shall cooperate with the City or its
representative regarding such investigations.
10. The County shall deposit with the Citv an escrow deposit of $5,200 for 1994.
Thereafter, on or before January 1 of each year the County shall deposit with the
City an escrow deposit of $2,000. The City shall use this deposit to:
a. ... Pair for City staff time or the costs to hire a third party to verify and measure
odors, following complaints received by the City
b. Train Ci , staff persons and others for wind and odor monitoring
c. Pay for an odor consultant to assist in preparing this permit or future revisions
to this .permit.
At the end of each calendar year, the City shall refund to the County any of the
deposit not used by the City.If needed, the County shall pay, for anv consulting
costs above the escrow deposit that the City needs to reevaluate this permit.
11. The site operator shall use water to suppress dust from the compost piles, as
necessary
NEIGHBORHOOD SURVEY
We asked 56 property owners around the compost . site to complete afour -week survey
about odors from the site. We received fourteen surveys back. Ten of these surveys
noted. a significant odor problem sometime during the four weeks. The other four
responses noted a slight or no odor problem. (See the map on page 8.) We received the
following comments from the survey:
1. Most odors are in the summer when grass clippings are dumped. odors are
especially bad when piles are turned. (Mark Pride - 1429 Kohlman)
p y p g
2. I do wish they could do something about the odor. (Richard Maki - 2813
Hazelwood)
3. On the 22nd and 23rd (April) we had a lot of customers complaining about the
smell. (Country View Golf Course - 2926 North Highway 61)
4. Because our house is on a knoll and somewhat protected from the site, we don't
get the odor as badly as many of our neighbors do. Sometimes we can't smell
anything at our house, but find the odor very strong in another part of the yard,
sometimes less than 100 feet away. We're lucky enough to have both central air
conditioning and a central air filter -- opening the windows would be unpleasant at
even the times marked 11 1"; at the times marked "2" it's impossible to open
windows or spend any time outside at all. The smell this week was absolutely
unbearable at the times marked -quite frankly, it was an overpowering smell. We
stayed in the house with the windows shut and the air filter running. I can't
imagine how some of our neighbors closer to the site were able to cope. (Kathy
Stevenson and George Farr - 2730 Clarence)
5. The majority of the times when the odor is at its worst, are when the compost has
been turned and the wind is from the northeast. other times the odor is bad is
when the air is very still. Us neighbors have all agreed we felt coerced into signing
against the compost (Sletten petition) . Some days the smell is awful, but we rather
that it- was there than something else. (William Knabe -1428 Kohlman)
6. Thank you for your concern. There has been no problems. (Emerson - 1257
Kohlman)
7. This is different from last year when we had to close our windows and it was still
strong. Thanks. (Marilyn Buesing - 1247 Kohlman)
8. I'm sorry that I didn't pay close attention. There was only once at 3062
Hazelwood that I smelled significant odor. I was driving home one night and was
located at Beam and Hazelwood. Sorry! (Uhlenbrauch - 3062 Hazelwood)
In addition to the survey, there is a letter on page 15.
REFERENCE
Code Requirements
Section 36-437(l) of the City Code allows the City Council to approve a conditional use
permit for a public utility, public service or public building uses in any zoning district.
Section 36- 446(a) of the City Code allows the Council to suspend or terminate a permit
if the approved conditions have been violated or the use is no longer in effect.
Section 36 -446 (b) of the City Code says that the City Council may review a permit at
any time. If the Council decides to consider adding, dropping or changing conditions,
this requires a review of the permit by the Planning Commission and a public hearing
with the City Council.
County versus Non-County Residents Using the Compost site
Most of the people who use County compost sites are County residents. In 1991, the
County did a survey of 191 compost site users. This survey showed that 8 people or
4.2 %came from outside of the County. A survey of 280 site users in the summer of
1993 showed that 19 people or 6.8% were from outside the County. A survey in the fall
of 1993 showed that 3 out of 155 or 1.9% of the site users lived outside the County.
go /b- 6:compost2.mem (3)
Attachments:
1. Location Map
2. Property Line /Zoiung Map
3. Map of Survey Results
40 3 -21 -94 County Letter
5. 1 -20 -94 Letter
6. Woodbury Special Use Permit
70 CUP Resolution and attachments
)NAIS HEIGHT
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77
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�
RAMSEY COUNTY
Department of Public Health
Division of Solid Waste
Zack Hansen, Manager
1910 West County Road B, #206
Roseville, MN 55113
March 21, 1994
TO: Geoff Olson, Director of Community Development
City of Maplewood
Tel: 612- 292 -7900
Fax: 612 - 633 -0571
FROM: Zack Hansen, Division Manager
Fawzi Awad " C7?>
Noma Schi f erl
RE: Steps the Division of Solid Waste Is Taking to Address Odor
Issues
-------------------
1. 1. Since last summer the Division has directed the County's vendor to
onl y turn compost piles at the direction of Division staff. The
D iv isio n has obtained a hand -held wind monitor, and is currently
trying t find a source for a vandal- resistant windsock that could be
installed at the site. When the piles are to be turned, typically
about once a month during the warmer months and somewhat less often
during winter, Division staff use the wind monitor to record the speed
and direction of wind.
If the wind is from a southerly direction during the warmer months., or
is calm during the winter months (because the wind rarely blows from
the south during winter), Division staff direct the vendor to turn the
compost piles. The vendor usually is on site within about an hour.
Division staff typically records the wind speed and direction twice
while the piles are being turned, in case there is a significant
.
change n wind direction or speed.
2. The Division has had its vendor haul out grass clippings three
times per week since the summer of 1992.. The vendor is required to
record the quantity of yard waste hauled out per day and to forward
that information to Division staff* Since summer of 1993 Division
staff has also maintained a written record of when piles have been
turned, the wind speed and direction at the time, the temperature of
the piles as measured by Division staff with a temperature probe, and
i
the date when each pile s initiafied and the type (i.e., 1eaves from
spring versus leaves from fall) of waste in each. pile .
3. During 1994 the Division will be monitoring biological conditions
of the compost piles so that the piles are turned when biological
• p • • h
conditions indicate that turning is necessary. The piles should be
turned before the oxygen within the piles has diminished such that
anaerobic (oxygen - starved) conditions prevail that can produce
offensive odors. Also, turning the piles at the optimum time
diminishes the amount of time required to Complete the composting
process. Because a very large volume of leaves 'is' received and
13
Minnesota's First Home Rule County .
printed on recycled paper with a minimum of 10% post - consumer content
�,'"
AFSCMIE
composted at the Maplewood site, it is important that these leaves be
converted to compost as soon as possible, and then made available to
residents
Key indicators of biological conditions within the compost piles are
P
tem erature and moisture. The Division will have a soil moisture
meter available for the 1994 yard waste season, to determine when
moisture content of each pile is low and supplemental moisture needs
to be added.
4. The Division on an ongoing basis has had potholes on site filled to
prevent pond formation and has maintained drainage at the site to
prevent water collection. Both of. these measures are intended to
prevent collection of water and potential resulting odor. During the
summer months in 1994 the drop -off area at the site will be alternated
so that each area will be able to dry out, thereby minimizing odor
potential. In addition, during 1994 the Division intends to apply
pulverized limestone directly onto the surface of the drop -off area as
an additional step to thwart potential odor formation.
5. The County has an extensive program through a contract with the
Minnesota Extension Service in Ramsey County to encourage reduction in
yard waste. The Extension Service, through use of Master Gardeners
and other means, has been disseminating a variety of information
regarding the benefits of leaving grass clippings on the lawn and how
to compost yard waste properly on a resident's own property ( "backyard
composting over time, these educational efforts should result in
p
changes in behavior that can help to reduce the amount of yard waste
managed at the site.
14
January 20, 1994
Mayor Gary Bastian
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Dear Mayor Bastian:
P LC C.�.,`�'� L
Sol, �—
6
This morning I called and left a message for Bob Winger about the Beam Avenue
compost site, but I thought you should also be aware that the odor problem has
continued into the winter to an unprecedented degree.
My husband and I have participated in the last two surveys about the site, and
in oiir comments we noted that the odor problem was most seve in certai
kinds of damp, still weather (for example, in the fall) or when the compost
was tieing moved. For some reason, however, the smell has continued to occur
through the winter--even during the recent subzero temperatures, which has
never happened before. Late last night and early this morning the odor was
truly awful, even though the temperature was well below zero.
We're lucky enough to have a central air filter that we are willing to run all
t:he time, so we're not. affected by the smell indoors as much as some people
must b e, bait it does waft in every time we open an outside door. This morning
the smell was very strong even in our tuckunder garage /workshop. We also had a
very unusual experience today: we.drove to a business and went inside, and
when we came back out and opened the roar doors, we were both staggered by how
strong the compost smell was. We had brought it with us inside the car!
As a long -time organic gardener, I fully support the principle of composting,
and I understand that efforts have been made to reduce the smell by changing
the management practices at the site. Unfortunately, since we purchased our
house in the summer of 1990 the smell has gotten stronger and more frequent,
rather than better, which would seem to indicate a real problem with the
composting process at the site. I also understand that it's difficult for you
or other employees to know how bad the smell can get, since it is almost
always at its worst well outside of office hours,
I'm sure you are not only aware of the problem, but are working to find some
sort, of solution. I did want you to know about the current status of the
problem, however. If temperatures of thirty degrees below zero don't keep the
smell down, what can we expect come spring? Quite frankly, it's a pretty grim
thought!
Sincerely,
f ,
Kather�'ne Stevenson
2730 Clarence St. N.
Maplewood, MN 55109
15
7320'7F:
AMENDED INTERIM SPECIAL USE PERMIT
COMPOSTING CONCEPTS, INC.
WOODBURY, MINNESOTA
In accordance with the provision of the Woodbury City Code regulating interim
special. uses, an Amended Interim Special Use Permit is hereby granted to Composting
Concepts, Inc. (hereinafter referred to as "Applicant "), for a 20 acre composting site
on property which is described as follows to -wit:
The North Half of the Northeast 1/4 of the Southeast 1/4
of Section 26, Range 21, Township 28
In granting this Amended Interim Special Use Permit, the Woodbury City Council .
finds that the above described property is zoned R1 Single - Family, Rural, that compost
sites are permitted by an interim special use permit in the R -1 District.
he Applicant shall have the right to conduct a composting business on the 20 acre
site with the following conditions:
1. Landscaping and fencing shall be installed by June 1, 1993 and maintained as set
forth on the site plan dated March 28, 1990.
2. Truck access to and from the site shall ONLY use Bailey Road to Cottage Grove Drive.
3. The site shall ONLY be open and operational from 7:00 a.m. to 6:00 p.m., Monday
through Saturday, closed on Sundays.
4. The Applicant shall inform all users of the site of the hours of operation and shall
instruct said users that no activity is to take place in the vicinity of the site until the
site is open.
S. The applicant hereby agrees to pay the City of Woodbury the following within
thirty (30) days after receipt of an invoice from the City:
a. Chloride - The cost of applying up to 2,400 lineal feet of chloride on Cottage
Grove Drive south of Bailey Road once per year.
b. Class 5 Keystone Gravel - One -half of the cost of applying Class 5 Keystone
Gravel on Cottage Grove Drive south of Bailey Road to the entrance of the
compost site. It is understood and agreed that it is anticipated that said gravel
will be applied on an as- needed basis.
c. The cost of any grading of Cottage Gro- -i Drive south of Bailey Road to the
compost site entrance, performed more than once every two weeks. This shall
be billed at an hourly rate for labor and equipment.
6. All green grass shall either be transported off - site, land applied or mixed with
other compost materials at a ratio of not more than 1:3 grass to other materials within
24 hours after delivery to the site.
7. All vehicles on site shall be stored so
as to be screened from view
from Dale Road.
Screening shall
be accomplished no later
than June 30, 1993. It is
understood and
agreed that the
stacking conveyor and
the trommel screen cannot
be adequately
16
screened from. view.
8. The permit is not transferrable without City Council approval.
9. In the event there is a change in shareholders of the Corporation, the City Council
shall be notified.
10. The site shall not be open to the public for delivery and such information shall be
posted at the entrance gate.
11. The telephone numbers of the Woodbury Department of Community Development,
the Woodbury Police Department, and the Applicant shall be posted at the entrance to
the site for complaints or emergencies.
12. Composting Concepts, Inc. shall properly prepare and adequately turn the
compost windrows so as to minimize the generation of any objectionable odors. All
odor episodes and other complaints which occur shall promptly be reported by the
applicant to the Community Development Department during regular business hours
or the Woodbury Police Department after regular hours. The City shall verify the -
episode and make such investigation as necessary in order to establish the cause and
responsibility for the episode and if the cause of the problem is the composting site to
determine what remedial measures must be taken to eliminate the problem. The
applicant shall cooperate with the Director of Community Development regarding
such investigations and shall comply with the Director of Community Development
determinations regarding remedial measures.
13. In the event of odor complaints the City Staff or other agent of the City shall
investigate the complaint and if odors are detected attempt to assertain the cause of
the odors. Said investigation shall inclLde checking the wind direction and speed to
determine if the compost site is the potential source of the odor and checking up-
wind from the site to determine if odors are being generated by other than the
compost site. If the City staff determines that the odor standards may be being
violated, the procedures as outlined in Attachment A shall be followed to determine if
a violation is occurring. The cost of odor testing -shall be borne by the permit holder
as set forth in paragraph 24. A violation of this Interim Special Use Permit shall
occur when the Inspector has recorded ten (10) sniffings of the ambient air over a
period of thirty (30) minutes with a geometric average OIRS greater than a) 3.0 if the
property at which the testing is being conducted contains a permanent residence, or
b) 4.0 of the property at which the testing is being conducted does not contain
permanent residence.
14. Turning of windrows shall be done only as necessary and whenever possible,
only when the wind is out of the suth or east. Windrows shall be turned between the
hours of 8:00 a.m, and 2:00 p.m.
15. All bagged yard waste shall be emptied within 24 hours after delivery to the site.
16. All trash, including bags, shall be properly contained within an enclosed
container, which shall be screened from view no later than June 15,1993.
17. Composting Concepts, Inc. shall make every reasonable effort to keep the site free
of rodents.
18. Wind direction and speed monitoring equipment as approved by the City shall be
17
installed and maintained by Composting Concepts, Inc. The equipment shall be
installed so that it is accessible to City staff on an as- needed basis.
19. Composting Concepts, Inc. shall allow and assist continued pollution monitoring
and testing by the University of Minnesota.
20. The permit shall be reviewed annually and if there are substantial and repeated
violations of the conditions of the permit, the permit may be revoked.
21. The permit shall terminate in the event any of the following occur:
a. The assessment of the subject property for sanitary sewer.
b. If the interim use becomes in conflict with the Comprehensive Plan or
other zoning regulations of the city.
4. The platting of adjacent property. (Cluster developments shall be exempt
from this criteria.)
In any event, the permit shall expire and Composting Concepts, Inc. shall totally
cease and desist its composting operation on the property on or before August 15,
1998. No composting product shall be delivered to the site after December 1, 1997.
22. At the
time of
termination of this
permit, the subject property shall be in such a
condition so that it
can be used for
agricultural purposes. This shall include the
removal of
all composting
equipment
on the site, the removal or spreading of any
remaining compost,
and the removal of the roadway and retaining wall if they are
not needed
for the
subsequent use of
the property. In the event the land is to remain
dormant, it
shall be
planted vvith a grass seed mixture approved by the City.
23. If any State or County permits, licenses or approvals. are necessary for the
operation of Applicant's composting operation the Applicant shall supply the City of
Woodbury with current copies of the necessary permits or licenses.
24. Composting Concepts, Inc. shall file a security deposit or letter of credit in the
amount of $5,000 on or before February 15, 1993 to assure that the clean up of the
subject property will be accomplished. The City Council shall have the right to draw
upon said security in the event it determines that the clean- up and restoration of the
property has not been satisfactorily completed and only after the Council has
applicant Notice of deficiencies and a chance to perform. The property owner shai's
be liable for total clean up of the -site and shall not be limited by - the security
provided.
25. Composting Concepts, Inc. shall deposit with the City an escrow deposit of $2,500
on or before February 15, 1993. Thereafter, on or before February 15 of each year,
Composting Concepts, Inc. shall deposit with the City in escrow a deposit of $2,000,
commencing February 15, 1994. This deposit shall be used by the City for the
purpose of paying for City staff time or costs associated with non -odor related
inspections or complaints on the site and /or odor related complaints and inspections
if an odor test is performed. This shall include all expenses associated with training
City and County staff persons for wind and odor monitoring. Any of the deposit not
used by the City at the end of each calendar year `shall be refunded to Composting
Concepts, Inc.
ff:]
26. Revocation of the Amended Interim Special Use Permit shall follow. the
procedures as outlined in Chapter 24, Article II, Division 4, Section 24 -93 of
the Woodbury City Code except Section 24 -93 (f) (4) shall not apply and shall not
be considered a criteria for termination.
Dated this day of _, 1993.
COMPO G CONCE -
• w e y
Y� Date
� It
Subscribed and sworn to before me . ..,., h •,�.
This ->f day of 1993 `
V
4 • V
Notary Public County (/ MN
r
C1
By
It
By
�I t
My Commission Expires
r
oaMo M. NEws�c
INOTAW RAMsEr COUNTY ,tea
M Comm. E#� � .
Date 4z ,-g 519 --5
Date � /��I
Subscribed and sworn to before me
This � day of A 0 1993
Not Public County, MN
My Commission Expires 9 &1 -•
JO ANN M. HANSON
NOTAIY U111C — M44I E50TA
WASHINGTON COUNTY
, ,A y c� n;ssion expires 2 -19-96
THIS INSTRUMENT WAS DRAFTED BY
James F. Lammers
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING .
1835 Northwestern Avenue
Stillwater, MN 55082
19
Attachment A
Standards of Performance for composting odorous emission
A. Definitions
1. Scope. The following definitions shall apply in the interpretation and
enforcement of the Composting Concepts, Inc. Interim Special Use Permit.
2. Ambient Air. "Ambient air" shall mean that portion of the atmosphere
external to buildings upon the property owned by the complainant.
3. Perceived (sensory) odor intensity. The perceived odor intensity shall mean
the intensity of an odor sensation which is independent of the knowledge of
the odorant concentration.
4. Odor Intensity Referencing Scale (OIRS). The OIRS shall mean a series of
concentration of butanol odorant in water, made to specific reference
dilutions, which serve as the reference scale. The OIRS is used to establish
which concentration (of butanol in water) exhibits an odor intensity
matching that of the ambient air. Referenced Document: ASTM E 544 -75 88,
Standard Practice for Referencing Suprathreshold Odor Intensity.
5. Odor Source. "Odor source" shall be defined as the compost site operated by
Composting Concepts, Inc.
6. Inspector. The inspector shall mean the individuals who compare the odor
intensity of the ambient air to the reference scale. The inspectors for this
Amended Interim Special Use Permit shall be those employees of the
Washington County Public Health Department, or their agents, trained in
accordance with ASTM STP (Special 'Technical Publication) 758, Guidelines for
the Selection and Training of Sensory Panel Members.
B. Odor Testing
1. This odor testing practice is designed to reference the odor intensity of the
ambient air on an OIRS. This is done by a comparison of the odor intensity of
the ambient air to the OIRS.
2. The odor of the ambient air is matched (ignoring differences in odor
quality) against OIRS by trained inspectors. The inspectors report that point,
or in between points, on the reference scale which, in the trained inspectors'
opinion, matches the odor intensity of the ambient air.
3. The procedure followed for this testing shall be in accordance with Procedure B -
Static -Scale Method of the Referenced Document ASTM E 544 except for the following
adaptations for field odor evaluation.
3.1 The geometric progression scale shall have a ratio of 3.
3.2 The containers holding the reference Concentrations of butanol in water
shall have screw cap closures.
20
3.3 The inspectors may memorize the OIRS.
3.4 The inspectors may use a charcoal filter breathing mask to avoid olfactory
adaption (fatigue) in the ambient air.
3.5 The inspectors shall smell the ambient air and match the ambient air
intensity to the reference scale.
3.6 The inspectors shall rest (breathe charcoal filtered air) for a period of
three minutes in between sniffings of the ambient air.
3.7 The odorous sampling shall be performed upon the complainant's property.
The inspector shall not be accompanied by the complainant and the results
shall not be released until a written . report has been filed. The inspector shall
not commence or conduct the odorous sampling if the complainant is present.
3.8 The inspector shall also sample the ambient air immediately up wind from
the compost site to determine the presence and level of any odors entering the
site from other sources, which records and observations shall be a part of the
written repo rt.
4. The OIRS shall have the categories of Numbers, Words and Descriptions listed in
Attachment B.
5. A violation of the Special Use Permit shall occur when the inspectors have
recorded ten (10) sniffings of the ambient air over a period of 30 minutes with a
geometric average OIRS value greater than a) 3.0 if there is a permanent residence
upon the property, or b) 4.0 if the property does not contain a permanent residence..
21
Attachment B
Odor Intensity Referencing Scale Categories
Category N- Butanol (PPM)
in air /in water
0 No Odor
1 Very Faint 25/250
2 Faint 75/750
3 Distinct, Noticeable 225/2250
4 Strong 675/6750
5 Very Strong 20.25/20250
22
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the Director of Community Development is requesting that the City
Council change the conditional use permit conditions for a compost site on Beam
Avenue;
WHEREAS, this permit applies to the property on the south side of Beam Avenue,
west of the railroad right -of -way. The legal description is:
Lots 81 -84, Gardena Addition in the North 112 of the SW 114 of Section 3, Township
29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On April 4, 1994, the Planning Commission recommended that the City Council
approve these changes.
2. On May 9, 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 P
speak and resent written
P
statements. The Council also considered reports and recommendations of the City
staff and Planning Commission.
NOW THEREFORE, BE IT RESOLVED that the conditions for the above - described
permit shall read as follows:
1. The site may be open to the public between March 24 and December 6 of each
year.
2. The site may be open to the public between the hours of 9:00 a.m. and 8:00 p.m.
3. The County shall provide at least one monitor at the site for all hours that it is
open to the public. If the City or County determines there is a need for more site
monitoring, the. County shall assure that the site has . adequate monitoring,
g
4. The site shall accept only the following materials: wood chips, g arden waste, lawn
cuttings, weeds, prunings of soft bodied plants, leaves along With materials like
pine cones, fruit and small twigs that people pick up With their yard waste.
5. The City prohibits the dumping or storing of the following materials: brush
branches, garbage or refuse.
23
60 The County shall have the grass clippings removed from the site at least three
times a week (Mondays, Thursdays, and Saturdays) or other days if necessary to
help prevent objectionable odors.
7. The City Council shall review this permit at the end of 1994.
8. The County shall manage the compost site to minimize the amount of objectionable
odors. Management procedures shall include the following:
g
a. Procure, maintain and use wind direction and speed monitoring equipment at
the site. The County shall provide this equipment so it is accessible to the Cit
staff.
b• Record wind speed and direction every two hours during pile turning and the
haul -out of materials.
c. During -April through October, turn the piles of materials only when the wind
is blowing from the southeast, south or southwest and at least five miles per
hour. During November through March, the wind must be calm or from the
east, south or west. The piles shall only be turned between the hours of 8:00
a.m. and 4:00 p.m. on Monday through Friday.
d. Keep a written record of:
(1) The times of pile turning and the haul -out of materials
(2) Compost pile temperatures
(3) A description of the compost quality
(4) The initial date and aging of the compost piles
9. The Community Development Department shall handle odor complaints during
regular business hours and the police department shall handle odor complaints
after regular hours. The inspector shall verify and measure whether there is an
odor that violates the odor standards of this permit. To determine if there is a
violation of this permit, the inspector shall follow, the procedures in Attachment A
of this permit. A violation of this permit shall occur when the inspector has
recorded ten sniffings of the ambient air over a period of thirty minutes with a
geometric average OIRS of (a) 3.0 or greater if the property at which the testing is
being conducted contains a permanent residence, or (b) 4.0 or greater if the
property at which the testing is being conducted does not contain a permanent
residence. (See Attachment B of this permit for a description of the odor scale.) If
there is a violation, the inspector shall investigate to establish the source of the
odor. The City shall notify the County of the violation. The County shall advise the
City of the reason for the problem and correct it to meet the standards of this
24
permit. The County or site operator, shall cooperate with the City or its
representative regarding such investigations.
10. The County shall deposit with the City an escrow deposit of $5,200 on or before
May 1, 1994. Thereafter, on or before January 1 of each year the County shall
deposit with the City an escrow deposit of $2,000. The City shall use this deposit
to:
a. Pay for City staff time or the costs to hire a third parry to verify and measure
odors, following complaints received by the City
b. Train City staff persons and others for wind and odor monitoring
c. Pay for an odor consultant to assist in preparing this permit or future revisions
to this permit.
At the end of each calendar year, the City shall refund to the County any of the
deposit not used by the City. If needed, the County shall pay for any consulting
costs above the escrow deposit that the City needs to reevaluate this permit.
11. The site operator shall use water to suppress dust from the compost piles, as
necessary.
The Maplewood City Council approved this resolution on , 19940
25
Attachment A to the Beam Avenue Compost Site Conditional Use Permit
Performance standards for odorous emissions from the compost site
A. Definitions
The following definitions shall apply to this conditional use permit.
"Ambient air" shall mean that portion of the atmosphere external to buildings
upon the property owned by the complainant.
"Perceived (sensory) odor intensity" shall mean the intensity of an odor sensation
which is independent of the knowledge of the odorant concentration.
"Odor Intensity Referencing Scale (OIRS)" shall mean a series of concentration of
butanol odorant in water, made to specific reference dilutions, which serve as the
reference scale. The OIRS is used to establish which concentration (of butanol in
water) exhibits an odor intensity matching that of the ambient air. Referenced
Document: ASTM E 544 -75, 88, Standard Practice for Referencing Suprathreshold
Odor Intensity.
"Odor Source" shall mean the compost site.
"Inspector" shall mean the individuals who compare the odor intensity of the
ambient air to the reference scale. The inspectors for this permit shall be the City
employees or their representatives that are trained in accordance with ASTM STP
(Special Technical Publications) 758, Guidelines for the Selection and Training of
Sensory Panel Members.
B. Odor Testing
1. This odor testing practice is designed to reference the odor intensity of the
ambient air on an OIRS. This is done by a comparison of the odor intensity of
the ambient air to the OIRS.
2. The odor of the ambient air is matched (ignoring differences in odor quality)
against the OIRS by trained inspectors. The inspector reports that point, or in
between points, on the reference scale which, in his or her opinion, matches
the odor intensity of the ambient air.
3. The procedure followed for this testing shall be in accordance with Procedure
B-- Static -Scale Method of the Referenced Document ASTM E 544 except for
the following adaptations for field odor evaluation.
3.1 The geometric progression scale shall have a ratio of 3.
3.2 The containers holding the reference concentrations of butanol in water
shall have screw cap closures.
3.3 The inspectors may memorize the OIRS.
3.4 The inspectors may use a charcoal filter breathing mask to avoid olfactory
adaption (fatigue) in the ambient air.
3.5 The inspectors shall smell the ambient air and match the ambient air
intensity to the reference scale.
3.6 The inspectors shall rest (breathe charcoal filtered air) for a period of
three minutes in between sniffings of the ambient air.
3.7 The odorous sampling shall be performed upon the complainant's
property. The inspector shall not be accompanied by the complainant and
the results shall not be released until a written report has been filed. The
inspector shall not commence or conduct the odorous sampling if the
complainant is present,
3.8 The inspector shall also sample the ambient air immediately upwind from
the compost site to determine the presence and level of any odors entering
the site from other sources. These records and observations shall be a part
of the written report.
4. The OIRS shall have the categories of Numbers and Descriptions listed in
Attachment B.
5. A violation of the conditional use permit shall occur when the inspectors have
recorded ten (10) sniffings of the ambient air over a period of 30 minutes with
a geometric average OIRS value of (a) 3.0 or greater if there is a permanent
residence upon the property, or (b) 4.0 or greater if the property does not
contain a permanent residence.
27
Attachment B to the Beam Avenue Compost Site Conditional Use Permit
O Referencing Scale Categories
No. CategoKy N- Butanol (PPM)
in air /in water
0 No Odor
1 Very Faint 25/250
2 Faint 75/750
3 Distinct, Noticeable 225/2250
4 Strong 675/6750
5 Very Strong 2025/20250
m
SE \T BY:
rl
4 - 11 -94 : 12:16 :
Both Rearchers Cite Need for Mo e, B oae roso t l Research
Community apposition has sprung
� least half a doh uP around
l proposed and existing_ tom
postin
$ Plants over the potential health threat sed
by spores smaller than the head of a
Pm-
Gmss roots activists have become in
01*ganized in the P an year �� Y
against the risks of large-
scale . compo�g of
m area als ranging fnDm
sewage sludge to grope
Pomace. These groups are
emerging in communities
from San Jose, Calif., to
Queens, N.Y'., to decr '
n' industry they say does
not always take adequate precautions to ru
'a
neighbors from emissions of bin P
lo8r� aerosols, or
bio
ols, such as Aspergillus, f xt tiros.
S
Those in the composting indus
risks o f Asper illus emissions � ar the sinus to the general public
ft
m composting are virtually negligible when
pc�o�ss is done con�rctl . the
eon$ microorgani Y �'�hile compost opera_
allow such as As r
1 wmigarus to be cuiturzd Pe gtllus
titrn �Y can be rnit�gared
ugh practices such as contro .
tninimiZin h �� dust and
g handling.
Both s i dq 20iat to 8 neat fnr m nrr n -
especially b�,CauSe . �C 1rCl`l,
threshold concenions re-
quired to provoke allergic Symptoms are
., � v does ore P unknown. person have allergies and someone
else doesn't ?" asked S hen O1e •
to the �F _hock, assistant
respi ratory disease studies director at the Na-
t Onal Institute for Occupational Safe
MOS�• '"I�osc rY and f3eatth
eu�e sciet�ic questions that beg
for
answers. Thmugh one bioaerosol ex
Sroup Of people may have diff � It
g
Y Cnng '
While scientific debate moves forward
corumuni ties are facing some
g lawsuits over +eomposfing
operations neighbors contend were over m mi
�' In Josc, Calif., residen am planning LO Sue the
spiratory damage they tact to a
waste o�y� ,mi o yard
t 9 peradon - And a arra i s suin gip, N. Y for $60 million, c laimin g husband
became sick and died from Wuiing Asper illt�s
emitted comp osting plant.. tted from the town's com 8
An upcoming compo n
�� Poi on
bioaerosoLs
has become a lightning lud for the is-
This s{aecw report was Preparad by Cdr
of St 4 e. e. °=Yne editor
� . 0 Copyright BuWrwas PUNIshem, Inc. 1944
29
METRO C'OL'NC I L 612 770 430 7
sue. The re port, sponsored by UA N!
ABrfculture artment � aSH, the
P and the Compo Co
cl , is set for release m � w,
Ind � form in several weeks.
Indu representatives say while it
need for mom study, to a
deuce y' draft does not. product evi-
that an overhaul is needed for
large -scale
cpmposting M ces. Clines say the re rt f
adequately add�ss a 'demi • � ads to
P olog� effects.
I'iealLhy individuals
exposed to bioaerosols
tVicauy have suffi
Iung capacity to ward off
infection. Ewe ex
sores have �
not Ied to in-
cmased infectious diseUZ=
w orker populations. B
by Aspergillus in exposed
'
allergies face u , t pco P 1e with asthma or
oaerosols from increased risk to responses fmm
m a wide range of sources
• , acoord-
tng to a draft of the report obtained b SW
y e. �
7be draft cited a need fore .
b�.VeS'dgarion of Prd�olog�cal
the POPulation base near comp
sites. Studies would measure u m
me�ure�ncu= rp � functi on
�d serology o
from sego s]�'.c�flc anhg��
types in the ex posure envimnment.
The debate comes at a time of •
�wth fior the tom std � cant
. , Pog industry, with both land.
&1is and u�cineratron pz�o'� f - 13 , ��• _ J acfng righter regcda-
VD
F51
to reduce and recycl at least " tbtug commu-
�� � soli half of the mu.. P d waste stream by 2000. As a
rn result,
biosolids co
PQ�g projects in all singes of level.
opment or operation gmw 10.7 pe rcem b erw mn
290 to 321, according to $ re _
CCnt Biocycle survey.
Clnowth projections fQr tom stir
the next several r � 8 pmJects for
Y tits ran9C from 4 pey=l to 10
P salt Charles Caimn, head of the .
Posting Council, the . Corn
's main trade gro
Bioaerasols, ' le artcleR f •
P Q u biquitous
micron
rganisms. and pro tozoa, ale hardly the exclu-
sive domain of ' romPosrin$. er i1
�, b�cta I `� � l�s, endorox-
gluz" au xl umycoioxlns are amon
those researchers fo= on. Sources of
sperR!llus,
a fwjgus, range &Om soils, moldy y gr and hay, to
wood chi
Ps. ouse dust and biosolids. ExWs= can
o+rrettr from mo .
v grass or raking leaves.
Responses from ' bioserQSOls
m$y in-
Volve irritation
sn .h as watery eyes and rumy
noses. In outer a cases. flu -likes toms ma
� first sy y re.��ult
°s to high levels, but would be
(Cominued)
SENT BY: 4-11-94 : 12: 1 7 : METRO C'OL'NC* 1 L 612 770 4506:M L .'
r
P&ge 54
S ludge
Ma h 29, 1 994
r (font.)
self - correcting as a person's immune system ad-
justs,, said Patricia Miltur, of USDA's Beltsville
Md., research censer at a recent confercnCe. Peop
with weakened immune S P
yscems, such as
chemotherapy pati ents, organ tl=splant recipients
or AIDS pati eats, face higher infection risks.
Studies of Aspergillus emissions are nothing
MW, with Millne?'s own research e
dat�g m the
I970s. The issue regained visibility in October
1992 when epidemiologist Melvin Kramer, head of
Envi ronmenW Health Associates in BaLtimor,e tcs-
ti led before Congress about health risks
to resi-
dents in a two -mile radius of composting plants.
.A month earlier, Al Rubin, them chief of EPA's
sludge risk assessment branch, had written to Re .
N.Y. that " a p
Thomas Manton
(D- N.Y.) the location of
sewage sludge composting facility in proximity to
population centers could create Siga fficant
human
health impacts and that epidemiological studies
must be conducted prior to siting these facilities"
(Sludge, Oct. 13, 1992, p. 161). Marian had asked
for Rubin's opinion about the health and enviro n -
menEal impacts of biobulids M
em p mfice s.
Rubin maintained epidemiological swdies at
Proposed sites am not needed if planners can show
air pollution controls produce a level of bioacrosols
equal to or less than natural background levels.
ThM aisuluums tauChW on a controvers
amo e y
8 xperts over ft p=edal risks of As-
pergillus. John W alker, an EPA physical scientist
d long -time biosolids expert, speed the emis-
srons could be life - threatening if inhaled by peo
with weakened i mmu I to t, P-
i logica systems What is
not co Is that It is associated with the pmwnce
of these facilities at levels any greater ftn
fmm
other sourc (Sludge, Oct. 27, 1992, p. 169).
Plants to Rein&oduce RX
On Capitol HiII, the issue has not gone this team sio�il away.
Manton plans to reintroduce a bill Y
ar
to one he sponsored in 1992 that would have
siting compost g, peuetization or ux ,rura6on
Plants within two miles of a msidential &M with
m ore than 19000 people per square mile. The re-
vamped proposal is likely to be more flexible than
the two - mile stipulation of H.R. 5861 one staffer
said. "Qur goal was not to stop beneficial reuse of
sludge in its cracks, the aide said.
Kramer also has not gone away. In a =Cnt in-
terview, he assailed aspects of the upcom
bioaerosol U19 MPari- "Where is the review? Where is
the independent, unbiased review? El'A has a very
sM119 reason to seek Co
po g," said Kt�er,
ti srn
"X feel quite ongly that we do not have a na
onal policy that is based on science. we have a
national policy that is based on convenience to
Kramer said. "Composting in and of itself is qu
clearly not som ething hat shou �
8 uld be �unigcd
because it is a very valuable tool..'
ne potential heap risks posed by Asper illus
have drawn the ivauaerest of other ex 8
pert.s, as well. A
Stanford Universi clinical alle-rgw-immunologist
is supervising a blood survey of San Jose residents
who live near a yard waste core
Po 8 plant. In
New, J
ersey, a Rutgers University professor is in
formally advising red, ement communi
fi ghting a ry residents
proposed composting plant.
Many experts argue the concerns rased b
Kramer are overblown co Y
con sidering that Aspergillus
is ubigmtous and scientific studies so far hav
failed to rea
unveil a health threat to tn,c public at large.
ge.
"Aspergillus, f miga�tur is a very, ver
fungus, " S��d � common
Eliot Epsmin, president of E&.A
I?nviro=e Consultants, Inc. in Canton, Mass. It
has been found everywhere from the Arctic Circle
to the Sabam Demm said Epstein, tkrho has done
numerous &pergillus studies at North Amerman
cOmNstinng saes and disputes a study by Kramer.
EPA's balker agrees. "For the most art,
around bi osolids core p
composti facil,�ies (rtss�archersJ
found it not to be Much of a problem. B ioae
rosol
a$'l"t, am everywhere in namm, and people have
allergic mVonsm in nature ail the true."
Yet he and other envin==W experts ac-
knowledge more questions need to be answered
about what levels of Aspergi conncentradm
evoke allergic and other reactions. They are h op i ng
the bioaenosol stud will F S
y Pow the way to s areas where more work is needed.
For years. Aspergillus has beta mioniLored at
vidual composdng sites, said Millner. "Our
knowledge of this whole area is still at such a level
ti c we need to understand the relatlonshi oY those
exposure counts and what P
the processing and oper-
ational parameters are at those sites," she said. Re-
scamh on why bioacrosol concentrations developed
a tarrtain way ilt
y help experts make projections
about planned operations.
'OWC recd some way to be able to = if
w e have Soo tons ��
'e
per day and we use these kinds of
f lcs and the windmws are done under a cov-
cred SMWUM, wbar is going to be the effect on
aerasods," Mi1lmr said. Still, there are no fast and
firm formulas. 'rhere are some guide l,incs," she
said- "You can put a checklist together of the s
you wed
y to attend to, to
aocuOlal Sarvioe: For documents flaWad with a I', ca lf 800 686-4796 to plate Your order.
30
SEZT BY:
l
�-J
4 -11 -94 : 1'?:19 : METRO NUNC'IL 61 770 4D :- 4� 1
M arch P 1994
pace 5
Community Otganlzet$: Some Composting � ,
p g tes Could Be Harming Nei hbors Health
th
F rances Dobin contends her 2S- year -old husband Hx ry died after inhaling spores emitted from a c
r f'' or:posa>sg stet
less than a mile from where he ran a coffee tru at a Long Island Railroad station.
Dobin's widow is suing Islip. N.Y., for $60 million. claiming the central Lon Island town w
ostin last. When $ � grossly negligent to
operating a 40-acre yard waste Composting g p Dobin died in September 1992, he was steering from a "bodily
invasion of Aspergillus f in gatus, " according to the iawsuit, ,filed In the Supreme Court the S
County last November. "The decedent H arr y � tats of New York to Su,,�olk
. H ry Dobin, sustained severe and serious personal injuries and was rendered sick,
sore, lame and disabled. "
After the plant began operating in 1988, residents
rnmpl ai n rd of chroaoio coughing. MUNa and Mier re-
actions to I shp officials. the S4ffolk County Health De-
paronent and the state Department of Environmenad
Conservadon. CommwWy groups, dubbing the plant "a
horrible txpMment," change
their grievances introit . Y f ell
on deaf ears. The alleged de-
layed response during "the
height of the facility's opera-
tion " held up the accurate
rwasw'ement of the em sslons to which reside w
exposed according to a response written by community
groups to a new state study.
The state Department of Health study, based on air
sampling of mold sports,, found the average Asperg ill us
level in downwind neighborhoods was four A mes the av-
erage background level. 'The incidence o alle g and
asthma symptom among restdrrus Uvtng near the Islf p
f-OMM ring FoCility was Jot arrnciatud With Car A.
funiigatus spore levels; however, the exist ence of such an
association cannot be completely dirrdsscd."
The question of how threatening these Asp+ergill us
emissions were took another twist March 17. Gov. Mario
Cuomo's (D) &rector of consumer affairs called for a
shutdown of the plant until further studies could be done.
'While the study did not find that the higher con entra-
tton of mold spores increased health problen u among
residents near the plant, it indicated that such a connec-
tion might, in fact, b present and that futnrre scud y wa s
needed to come to a definitive conclusion," wrote Con-
surner fairs Director Richard Ke ssel to Islip offi
* *•
As a lesson for compost operators elsewhere,
Islip highlights the balance some communities must
Mike between serious resident coil == and what
constitutes a health risk. Tt & town follows all state
regulations in its operations and has not been cited
for any violations, said town spokeswoman Susan
Bela, who declined to comment on the pending litt_
gation. Moreover, she added, the state report on the
plant "does not include any mention of aclversc ef-
fects on the community at large."
Complaints about the potential smell from
biosolids processing gxrarions ate nothing new.
But 9sUuPvb LduLut; tuore than half a dozen com-
Post SACS are worried about more - than nuisarice
odors. They seek changes to plalinied and existing
sines they argue are needed to protect public health.
In some cases, odor com -
plainis carne first,
followed by concerns that
residers also might be
exposed to health hazards.
In others, neighbors try to
ascertain why certain symptoms are on the rise in
an =a.
Partly in response to these grass rots grum-
bZings, stage governments are lookln more eiosel
at how t o � Y
to better study the P al imp= of
bioaerosol emissions. As a msult of more info
tion Mquests from local enforcemeai agencies, the
Caff omia Integrated 'Waste Manage m= Board is-
surd d t#rc i�cal bukdn In December, wr ic de-
fines Aspergilha emissions and the best manage-
ment practices to reduce ambient air exposure to
ft Po
spores. And in Illinois, the MW Ztealth depart -
ment is considering a study on bioaemsol emissions
fi m municipal composting operations.
Residents also are turning to the courts for m-
lief, which critics say may be the wa publ lie
in this y po li c y
s area �s ul ly defined. A couple PUMM
legal action against San Jose over a composing site
fty charge made them sick have a het ate
P� cm=
network of grass roots groups fighting other city
ha21.S over this Issue Citizens United for R ri-
' � �
sible En
viroam ntali=. CURE has chapters m
Califomi,a, New Yotic, Minois and Indiana.
Sd: L some points of disagm=em may boil
down to a matter of perceprion. "In terms of the
health impact,, it depends on what your definition of
health is." said epidemiologist Melvin Kramer, who
has advised grass roots groups on this issue. "'The
World Health Qrga=ation refers to it as phY sical
a W emotional well - being, which could extend to a
msid='s ability to use a bard pool..
V For a copy of the New York snndy (66 P p.)
through DocuDial, rO fer to #12.52; the Dobin Iawsult (7
pp.), #1254, and the CalVornia bulletin (30 pp.), #1253.
DocuDlal Service: For documents ft Wed with a IT, Ct11(800) 8854785 to place Y our order.
31
:���; �, •, ,� � r <
mm •!<:'I .•vl ;:.,.. j :rte: •: <�:Z :��'
SENT BY: 4-11-94 1 '1: `? U METRO L- 61 ' 71 U 4 5 06 3 7
PlIce 5§ Sllj
Maryland MonitorinTVII Finds No Problem;
Queens Residents Not Convinced
In Silver Spring, Md., one of the fist co=u-
nities nationwide to begin lon -ternm monitoring go f
Aspergillus fwnigarus, nearly 15 years worth of air
samples failed to show unusually high bioaervsol
levels in nearby neighborhoods.
"Them was absolutely no evidence that -
gested we clan
su ed ambient g
� �' quality of As-
pergillus in any way," said Charles Murray, exec -
utive director of the Washington Subuirbm S
tion Commission. "We presented that data to a
working group of citizens.
'Ibey agreed we could stop
the monitoring."
Still, this Washington,
D. c., suburb is where Frank
Principe, president of the
West Iwlaspleth Local Develo went co he
P Corp.. tided
when gearing up to bade a proposed com sthl .
plant in his sc�c�doa of Po g
Queens. In an aggressive
fight against New York City plans, Phncipe video-
taped disgruntled resi
dents about the history of
health and .odor concerns over the M ontgomery
Re g i onal C Fac � rY
County gr ore Facnty. The tape has
Wen ahown at QU6& 1.-, L;Ivlc weedngs_
The Plant handles biosolids from the Blue
funs Wastewater Treatment Plant in W as hi ng to n ,
I.�. C. The con � � .
posting site uses extended aerated
static piles to process 200 wet tons per day.
Community grievances over odors and p oten. tial health effects date b
tick to the mid - 1970s when
the commission first announced construction platu
according o a re rt fro g Po na the Johns Hopkins ZTnni-
versity School of Hygiene and Public Health, Such
concerns were compounded by the fact that mu-
nicipal COmPostin,g projects were not in wide use at
the tune. Johns Hopkins reviewed enviroraetnud
and medical data at the request of the Maryland
Department of Health
and Mental Hygiene.
The report covered monitoing data collected
since 1978 and interviews with state aid local
health officials and
members of NOSES,,
Neighborhoods organized
to Support the Eradica-
tion of Stench. Aspergillus
concentrations were "welt
within normal background
concentrations," according
TO the report. A follow -up
report agreed.
New York looked
Closely at the Maryland
The city is prepa to
monitor odor and other
emissions if the Nlaspeth
plant moves forward,
LUWc s id. "We were not
as concerned," he said of
Aspergillus. "I'm not sum if
it's a rest concern in the
community as much as it
might be a rallying cry. It's
an issue that's very difficult
to put m be<1 "
UocuDial Service: For doc ftagged with a IT Call 800
{ ) $85-4785 to pisioa your order.
32
data when designing a biosolids compos Plant
for Maspeth, said Geor Lutzi;c, of the city Depart-
ment of Enviro=ental protection (DEP ).
But Principe took this nsearCh fluther. "I went
arowa,d ringing doorbells as le how
• �8 Pip then
lives had been unpacMd by the presence of that fa-
cwty," he recalled. Air hearing bout
S Aspergillus,
he did a libr ary march that resumed in 7 fleet of
computer printouts of bioa,crosol articles. "I blew
the whistle and went public," he said.
Cuing concerns about obnoxious odors and
potential health effects fmm uzhaUn r
Prinp noted 00
Pe 20,
people work. in the area im-
mrdiately around the
Maspeth site,, stud i m oo0
People live within two
miles. And the neigh-
borhood is home to about 38,000 senior citizens.
If the construction plans are , the lant
would be built under the Ko P
sciu�;�lco Bridge the
on
site of the now deft= Pbelps•Dodge Co Re-
fining Plant At 1 a`PP�
=9 pad of the torsion between
msi dents and city officials is the am has hf
torica y bean zoned as =
us'trial- residential mixed
use. Referring to nearby oil company and utW
Ply. Prince calls the area " M
Pe a:�rna alley. How-
-
ever, in mcenut years, mid== have
� bat � �� to
tip ace toward move residential uses.
WIWtbe the plant ever will process all the
biosolids g= a cd in Queens , go tons r da
--
has Yet to be decided. Y
ed. In a move dubbed a vYC-
tory
Dink ins by Project oPP nernts, than -Mayor Da vi d
unveiled an alternate plan in October. DEP
would be ns i Maspeth would have required to draw up pla to expo out -
of- share b iosolids that �
e han&ed
Ibis established a two system, in which
the cftX will cOndim to design cOMPOsdng sites for
sev
etal boroughs, while looking for less ca iud in-
U=ive alternatives I,tra P
. c said. T� airy, which
formerly dui npod sludge in the °'� i a
consent decree , under a
m find other disposal options.
.:., :.
;: ;: �•� ;::.. ., :., .
cSENT BY:
ino
•
ip
4-11- : 12 ' '?? : 19ETRO COUV* I L--- 612 77 4 06 : �# a. , 7
March 29.1994 Sludge Pepe 57
Residents Battling Composting Plans
Aligning With Scientific Community
In many areas where composdM plants am
drawing fire, grass coots activists either are ali gning
thcroselves with a scientist who shares their con-
cerns, or doing their homework by gathering re-
se=h data and nerworkng with communities who
have raised similar concern$.
In the heart of the California grape- re-
gion, homeowners are complaining about a grape.
pomace composting operation they fear may have
adverse health impacts. Like other communities,
the complaints started as odor concerns and evolved
into questions over health effect's.
And in Burlington County, N.J., about 50
miics outside of Philadelphia, residents are fightin
It proposed project that would co- compost sewage
sludge and nmrvc solid wage. The site is six -
tenths of a mile from the Homestead at Mansfield
nedrement community, where 1,350 people live.
Meanwhile, in San Jose, Calif., residearits who are
trying to close a yard waste Compost site have se -
cured a Stanford University allergist - immunologist
to help supervise a blood survey of most Mari 300
residents (See related story, p. 58).
"You gag in the morning when you open your
window, said a Napa valley organi= who ask,od
not to be identified because of pending litigation
=
agat a nearby grape pomace compote site.
"We are waiting for itnformation to know if our
itchy eyes would be related to it"
Aside fmm odor complaints, one pardcular
sticking point for the comJ n ty group, C,'tixens
for Environtaental Protection, has been that the
plant has been operating without permits. As a re-
sult, Napa County environmental health mw g
Ralph Hunter has issued a notice and order, which
he said is an enforcement document to set operating
parameters until a permit is o The plant
must have a land -use permit by May 1 and a facility
permit by Aug. 1, he said.
Hunter said r e is await3.ng go al zwom-
mendations in the bioaero-
sol study und+ertakm by the
Santa C1 ara County Health
Department about the
health impacts of the San
Jose composting operation.
"If the study looks like it's
a valid study and it makes
some clear -cut findings, I
can write certain revi sions
into the facile '
facility's permit
that could add more
Now of this wrangling is helped by the aura's
Itnible legacy of warm,
Robbie noted. "Burn
County had been the
dumping p)und of the
Delaware v atuy in the
1970s and 1980s and we
have a lot of problems,"
she said. Of five major
commerci landfills, four
are now Supen%nd slots
and another is on a state
priority list.
OocvdiaJ Ssivice: For documents fl wkh a V call (800) 88&4775 to place your order.
nestxi . Uve protections," Hwnter said. Company
officials could not be reached for comMent.
"We are not anti -co- composting," said Jerome
Charon, a founder of the Homestead at Mansfield
Civic Association. "we prefer co- composting to in-
cineranion." He and other community M=bers
worry, though, that the scrubber design planned for
the sine would not work properly, odors would not
be contmIled, and the nearby elderly population
would be exposed to high emission levels.
Mary Pat Robbie, a management specialist
with the county freeholders' office., noted most op-
position is corning just from C hanon's community.
Their fears are not going to be allayed by anything
we do at this point," she said. The facility design,
which nneets state Department of Environmental
Pmt=on and Energy (DEPE) requirements, will
offer adequate protection frooQn emissions, she said.
For uow plans = on hold. DEPE originally
expressed skepticism over the county's proposal for
biofilters, noting this air control technology is not
used extensively in the state. After submitting a
propaaal for a combined Sys= of chemical scrub-
bers and bio8lters, the county rejected the bids be-
cause the costs w em "aamnomical." "w need to
m ake a final decision that we are going fbrward
with the biofilter," Robbie said, nodng an applica-
tion would be submitted this summer.
Melv �mmirL an envi ro nment l sci
in e=
professcor at Cook College of Rum Univer dty,
insi the larger issue is that the overall design is
hindam enmfly flawed. The result is plans for "a $70
million facility that in my professional judgment
should not be built,' said Fein, an informal ad-
viser to Homestead at Mansfield reside= 'Rather,
a cornPosdng facility Costing much less to build and
much less too open W should be MIL" A sysu=
such as the "dutch tnrxuel" rnsua izes the rate of
microbial decomposition and -limin the need
for wood chips, a common bnmflng ground for As-
pergillus spores.
01
ENT BY -11 -94 1 4 ?3 METRO COL'NC I L-- 61 ? 770 43 : Y 7 './ 7
Paoe 58 Sludge Ma h 1994
Almaden Valley Residents Contending
Yard Waste Composting Cau ,d Illness
Nothing in Almaden Valley resident Jane
Lilly- Hersley's medical history had prepared her for
the fact that she would need two sinus operations.
"We went looking for some way to verify what
was going on with her," recalled her husband, Den-
nis Hors who, along with his dau nts, began
experiencing respiratory problems. "we started
holding neighborhood meetiW and ran into a lot of
other people who were sick."
The seed of organized concern among San
Jose residents started as an informal survey ind -
eating "70 percent of the people we conta#" had
symptoms that they never had before," Hersley
said. "We canoe up with these tremendous num bers
of people who were sick. Asthma -- everybody in
the family," he said.
Such signs pointed to a yard waste composrinS
site operand by the city since July 1992 through a
contract with a private operator. The inquiry by
residents became more scientific, uhinaately leading
too a blood survey of more than 300 reside= in De-
cember. Compared to a control group, more than
twice as many people living near the site, which
operated at the Guadalupe Landfill, have high anti-
body levels to Aspergillus fumigxw, a=rding to
PMliminary results.
Dr. Vincent Marinkovich., a Stanford
University clinical allergist- immunologist servin
as the study ' medical investigator, has jndi�catad
these results could account for symptoms such as
asthma and joint pains that have a licted residents,
according to Cit izms United for Responsible
Environmentalism, founded by the Hersleys.
Prior to this, Santa Clara County health of-
ficials began studying the health effects to C►mmu-
rities near the site, which stopped com s ii
I� �8 i
March 1993 and bas switcb,ed to m 71he
study has not yet been released. Lest summer, a
county health officer urged the city to Iimit com-
posting at the site until questions about issues such
as buffer zones could be answered,
Meanwhile,, in response to similar questions
being asked in other communities, the state Inte-
graced Waste Management Board Issued a technical
advisory to help localities answer questions about
the repercussions of AsperglHus emissions.
Now the closest residence is about 150 feet away.
San .lose began eyeing a composting pm8
for yar waste several years ago when the. state
mandated a reduction in yard waste being seat to
18ndAl by 1995, said Bill Toomey, an envi-
ronmental specialist with the city.
The Hersleys have filed a claim against the
city, contending San ,rose was negligent for failing
to provide for the "safe and. effective conmr of
emissions from the site. "San Jose's conduct has
been intentional, malicious, oppressive, outrageous,
and dome with knowledge of the consequences of
causing claimants to suffer ex and seven: hu-
I 1b
nailiauori, mental u4wsh and emotional distress,
the cl said. The family charges they suffered
injuries to its neummuscular system, sinuses, nose,
throat, lungs, reproductive system and central ner-
vous system.
1krs1ey, who lives h f a mile from. the plan;,
said the city has denied the claim, thus clearing the
way for a lawsuit, which the family plans to file.
sty officials declined to comment on the eiaim,
IT For a copy of the Hersleys claim (26 pp.)
through BM's DocLDW. rofer to #1 235.
END
SLUDGE
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Ile site's origins go back decades to when the
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one city official said. Like similar waste disposal
saes across the country, urban deve.lopme= moved
beyond traditional City lines to surruand the site.
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C�
34
** YOU EVER BEEN AFFECTED BY THE COMPOST SITE IN OUR NEIGHBORHOOD?
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C. <r`. 38 -- ---
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RAMSEYCOUNTY
Department of Public Health
Division of Solid Waste
Zack Hansen, Manager
1910 West County Road B, #206
Roseville, MN 55113
MEMORANDUM
May 3, 1994
TO: Geoff Olson, Director of Community Development
FROM Zack Hansen, Manager, Division of Solid Waste
Tel: 612 - 292 -7900
Fax: 612- 633 -0571
RE: Yard Waste Site Issues
�� �� � r� �� � �� �. ter- �� � w- �r � �� � �.� +r..w �� w r w .+.� �� r.. �r � r .r. �� �. �- �r�� w �� �w �. r �� rn �� �� �- �.. r.. rr. � i� �� .w� �� w r � r •r* �� �� �. �� r �� �� �► �� �� � �
Attached is a report that responds to issues that have been raised
about the yard waste site at the Maplewood Planning Commission and
neighborhood meetings. We have prepared these responses in
consultation with a number of outside sources, and believe that the
report presents factual information about various concerns. We
continue to research water quality issues, and will be prepared to
respond to those at the City Council meeting on May 9, 19940
Please call me if you have any questions.
cc: Don Nel MPCA
Rob Fulton, Director of Public Health
Terry Noonan, Ramsey County Environmental Services
Norm Schiferl, Program Analyst
Fawzi Awad, Environmental Health Specialist
WLAV
NMI
Minnesota's First Home Rule County
printed on recycled paper with a minimum of 10% post- consumer content
AMCME
RESPONSES TO ISSUES RAISED AT MEETINGS CONCERNING THE MAPLEWOOD
YARD WASTE MANAG SITE OPERATED BY RAMSEY COUNTY
Prepared by the Ramsey County Department of Public Health
Division of Solid Waste
May 3, 1994
IMPROPER DUMPING ISSUES
Ashes and sod have been dumped at the site.
Sod can be delivered to the site under certain conditions. In some
cases it is incorporated into the piles, in other cases it is
separately piled.
The County distributes leaflets (see attached) each year to users of
the site which, in addition to showing information such as site hours,
describe acceptable and unacceptable materials at the site. For
certain materials, such as pine cones, apples, and straw, small
quantities are acceptable. Large quantities of such materials, such
as entire pickup loads, are not acceptable because they are more
difficult to manage than leaves and grass clippings. Site monitors
are allowed some degree of discretion in determining how much of such
materials are acceptable. Monitors are equipped with cellular phones
and are instructed to call the office for clarification if necessary.
Ash is not an acceptable material. We are not aware of any incident
of ash being deposited at the site.
The gate was left open when the piles were being turned and at least
eight cars came in and dumped waste even though the site was not
supposed to be open.
The site hours are clearly posted on the sign at the gate and in the
leaflet handed out to each site user. Hence, the occupants of these
cars should not have used the site even though the gate was open.
The County provides its contractor for maintaining the compost piles
and transporting yard waste with a gate key, because most work is
performed when the site is not open to the public. This contractor
mistakenly left the gate open, and is not in the habit of doing so.
We.have informed this contractor that the gate must be locked at all
times except when exiting or entering the site.
The only entities that legitimately have keys are the following.
staff of the Division of Solid Waste; the City Environmental Officer,
Fire Department, and Policy Department; the County's contractor; the
refuse hauling firm; and the portable toilet firm.
Bags are dumped at the gate. Dumping occurs when the site is closed.
Some illegal dumping occurs at all of the Ramsey yard waste
sites, as occurs at other public places. It is impossible to stop
such dumping entirely because there will likely always be a small
number of irresponsible persons who will dump waste improperly. One
of the duties of the site monitors is to remove all illegally dumped
material from the gate area each day. The equipment contractor is
also responsible to assist with removing dumped material. Because the
sites are operated on all days but Tuesdays and Thursdays, the longest
period that illegally g
p ega ydumped waste would be left at the gate during
the months when the site is open to the public would be a day and a
half.
Yard waste, in and out of bags, is dumped along Hazelwood when people
get to the site too late. Who pays to pick up trash on Beam Ave. and
Highway 61?
There will probably always be a few irresponsible persons who will
dump waste illegally. The Division of Solid Waste will continue to
try to work with the City of Maplewood to ensure that there is routine
Police patrolling of these and other roads near the compost site.
The cost for cleaning up trash is borne by the City for City streets,
the County for County roads, and the State for State highways.
According to Mike Kane, street foreman for the City of Maplewood
engineering department, some dumping does occur, especially on
P y ,
Hazelwood Street near County Road D. He stated that the waste is
usually in bags, is very easy to clean up, and is not a big problem.
He estimated that his crews picked up bags of yard waste along
. g
Hazelwood an estimated seven different times last year while they were
cleaning up other debris on City streets, such as mattresses, oil
filters, etc. According to Mike Richard of the Ramsey County Public
Works Department, in 1993 crews may have been sent out to Beam Avenue
twice specifically to pick up about a half dozen bags each time, for a
total time of about half an hour and a total cost of under $100.
With regard to Hy. 61, Keith Shannon and Dave Hagel from the MDOT
Maintenance staff have indicated that the total amount of debris and
the total amount of yard waste debris cleaned up in the stretch of Hy.
61 near the compost site (basically between County Road C and 1 -694
is about the same as for other highways. Both of these staff persons
travel this stretch of road very frequently, and neither have seen any
indication of increased dumping of yard waste in the vicinity of the
site. Specific costs for yard waste cleanup are not available.
There must be household garbage at the site because of the woodchucks
and rats that come from the site.
According to U.S.D,.A. animal control specialist Dick Wetzel, the
forest and wetland area in and near the compost site is suitable
habitat for woodchucks, regardless of whether or not a compost site is
there. The specialist said that woodchucks also may come to the less
developed portions of this area to escape people and noise. He knew
of no reason why the compost site would either attact or deter the
woodchucks. He said that rats are generally attracted to many foods
favored by humans.
Neither County staff nor the City Environmental Officer have seen
either woodchucks or rats on the compost site. Food waste is
unacceptable at the site, and is not allowed to be dumped. Site
monitors examine materials brought in for composting by residents, and
ensure that no bagged waste is left on site. The County provides a
dumpster on site for trash that is collected. The dumpster is emptied
weekly. There has been very little household garbage placed at the
compost site in recent years. Each year Sentence -to -Serve workers
police the compost site for debris. In April 1994 only two half bags
g
of waste materials, very little of which were garbage (i.e., food
scraps). It should be noted that the City leases, and the County
operates, part - -not all - -of a parcel of land owned by KSTP.
Attached is a background paper on woodchucks, prepared by the U.S.
Fish and Wildlife Service and distributed by the Cooperative Extension
Service.
WATER QUALITY /LEACHATE ISSUES
What is the sensitivity of the water table aquifer to pollution?
Soils in the wetland are Seeleyville Muck, and are not good for this
activity. The peat under the site wont absorb leachate like a loam
soil will.
The Division of Solid Waste is working with other agencies, including
the DNR, Soil and Water Conservation District, and Ramsey /Washington
Metro Watershed District, to determine the effect of runoff and
leachate from the yard waste site on water resources.
The yard waste and finished compost on the site is not managed on
Seeleyville Muck,.but instead on Chetek Sandy Loam and on soil and
gravel materials placed on the Chetek soils. According to the City
Environmental Officer, the area used for windrows on the south side of
the site was created by the City from the existing hillside and from
excess sand and clay materials from the construction of Maplewood
Mall, not by filling of a peat area. Ongoing movement by front end
loaders to turn and move yard waste and compost has affected the pad
to some degree. On most of the pad there is a layer of old compost on
the gravel. Because of its dark color, this old compost may have been
thought to be peat. The pad on the north site was created by
smoothing out the topography in the Chetek soils and by adding large
amounts of compacted gravel.
Both pads are sloped, and the windrows have been aligned, to direct
stormwater runoff away from the windrows to avoid ponding on site
(some ponding does occur on the south pad because the pad needs to be
regraded, a task which the Division of Solid Waste will have performed
during 1994, probably in the summer). This runoff generally runs off
into the Seeleyville Muck soils located between and to the west of the
north and south pads. These mucky soils, formerly the location of a
sod farm, can be expected to serve as a filter -- between the compost
site and surface water - -for any nutrients and BOD (biological chemical
demand) in the runoff.
Leachate is created from contact of precipitation that may seep into
decomposing windrows, along with moisture created by microorganisms in
the decomposition process. This leachate is comparable to the
leachate generated in any area, such as a forest, where breakdown of
vegetation is occuring naturally, and the produ of such breakdown
come into contact with water and snowmelt. Because only a small
portion of the material composted is grass clippings, the leachate
probably does not have a high level of nitrates, as compared with.
composting sites which compost large quantities of grass clippings.
According to an article in The BioCycle Guide to Yard Waste Com ostinc�
("Strategies for Problem Prev ention, ' The JG Press,, ,I nc. , 19
T.,eachate from leaf composting is generally not toxic, but may deplete
the dissolved oxygen in water (due to excessive BOD of the leachate),
if deposited directly in water supplies. This source states that.
In order to prevent this potential polllution, leachate
should not be allowed to enter surface water without prior
treatment. This treatment might consist of simple percola-
tion down into or through the soil, or passage through a sand
barrier constructed to intercept the horizontal flow. In
passing through the soil or sand, the leachate is both
physically filtered and biologically degraded to remove a
substantial portion of the pollutants. Contamination of
ground water does not appear be a problem associated with
leaf composting.
An article in The BioC cle Guide to The Art and Science of Com posting
(Richard, Tom, and Matt C ails y t ro ental Impact of Yard Waste
Compost, ", 1991), cited phenols and BOD as two organic constituents in
leaf composting leachate that are considerably higher than the levels
desirable for discharge into surface water. The article states that
both phenols and BOD are parameters that can be substantially reduced
by soil degradation processes, and the levels found in the author's
study of a site in New York State would not be expected to contaminate
groundwater supplies.
What potential is there for runoff from fertilizer and pesticides in
grass clippings?
See attached summary of research regarding potential runoff from
fertilizer and pesticides in yard waste. In general, while very small
quantities of pesticides and fertilizer can make their way into
surface water under certain conditions, the levels are below levels of
concern. Fertilizers (except "weed and feed" formulations, which also
include pesticides) are simply another form of nutrients, just as
grass clippings are.
SITE OPERATION ISSUES
Where is the yard waste transferred to?
Through a request for proposals (RFP) process implemented by the
County Division of Solid Waste and the City of Saint Paul /Ramsey
County Joint Purchasing Division), the County has contracts with
several vendors for disposal of yard waste. These current contracts
are for one year, but can be renewed for additional years if certain
conditions are met. These vendors, located in Anoka, Washington,
Dakota, and Carver Counties, either landspread the waste or compost
I t. These vendors must be in conformance with State and local
regulations to be considered for a contract with Ramsey County.
Does the County do any inoculating of windrows?
No. The general consensus in the practical and scientific literature
reviewed by County staff is that inoculating of windrows with
microorga:aisms is not necessary. Microorganisms that help to break
down yard waste are carried to the windrows with yard waste and with
finished compost remaining at the base of the composting area. The
fact that the County has been able to produce a finished compost
within about a year without expensive equipment or innoculants attests
to the fact that innoculation is unnecessary.
Composting expert Clarence G. Golueke, in an article in The BioC,ycle
Guide to The Art and Science of Composti.,nq ("Putting Pri.ncip a into
Successful Practice.." The - T Press, Inc., 1989), states, "The number
of bacteria is rarely a limiting factor in composting, since bacteria
are always present in great abundance on all exposed
objects....Inoculation would be of value to the composting process
only if the bacterial population in any emerging environment were
unable to develop rapidly enough to take full advantage of teh
capacity of the environment to support it...,Inasmuch as any group of
bacteria is capable of multiplying at a pace equal to that of its
developing environment, the addition of similar organisms as an
inoculum would be superfluous."
Does the County measure moisture at the piles? Does the County
monitor temperatures at the piles?
In the past the County has turned and otherwise maintained the
windrows based on a variety of factors, including the time since the
previous turning, budget restraints, and equipment availability, along
with wind direction. Beginning in 1994 the County is monitoring the
biology of the compost piles to determine when to turn the piles. To
do so, the County is or will be monitoring moisture with a moisture
meter, temperature with a long temperature probe, and wind with a
hand held moisture meter and wind sock. Currently, the County is
measuring temperatures of windrows several times per week at the site.
When will the smaller windrows start? Will there be a space between
the piles?
Earlier this spring the County began to divide the larger windrows
into smaller windrows. There were three large windrows of partially
decomposed yard waste and two large windrows of finished compost on
the south side of the site. The finished compost was moved to the
front (north) side of the site in April. The remaining partially
decomposed yard waste is being divided into smaller windrows
approximately eight feet high by 12 feet wide. The windrows have
about eight feet between them to allow space for equipment for turning
the piles.
Why can't the area between north and south areas of the site be
used for windrowing?
This area is comprised of mucky soils, and cannot be used for
windrowing.
What about expanding the site- -there is land for sale nearby?
The current site has essentially been a joint effort of the City of
Maplewood and Ramsey County since 1984. The site has good highway
access, is located near a large number of generators of yard waste,
and the land is provided without charge. Because little of Ramsey
County is undeveloped, including Maplewood and nearby areas, it would
likely be very difficult to find another parcel which would advantages
over the current site, and the purchase of land would likely be very
expensive.
The County told the City Council that the piles would be on a gravel
base, but instead they are on peat and have standing water.
This is not correct. The yard waste and finished compost on the site
is not located on peat but instead on Chetek .Sandy Loam and on soil
and gravel materials placed on the Chetek soils. According to the
City Environmental Officer, the area used for windrows on the south
side of the site was created by the City from the existing hillside
and from excess sand and clay materials from the construction of
Maplewood Mall, not by filling of a peat area. Ongoing movement by
front end loaders to turn and move yard waste and compost has affected
the pad to some degree. On most of the pad there is a layer of old
compost on the gravel. Because of its dark color, this old compost
may have been thought to be peat. Because the layer of old compost is
not perfectly smooth, some ponding has occurred. The County Division
of Solid Waste will have the pad smoothed out, probably during the
summer of 1994. The pad on the north site was created by smoothing
out the topography in the* Chetek soils and by adding large amounts of
compacted gravel.
.The pad on the south side of the site has a slope of 2.5 -3%%. The pad
on the north side of the site has a slope of 1 -2.5%. On both pads,
the slope parallel to the windrows is about 2.5 %.
How many cubic yards of yard waste do you have out there and on how
many acres?
As of May 2, the south side of the site currently has approximately
7,100 cubic yards of partially decomposed yard waste on about 2.1
acres of land. Approximately 4,500 cubic yards of finished compost
was moved during April from the south side to the north side of the
site, to make it available for distribution.
The north side of the site is about 1.5 acres in size, only a portion
of which is available for composting. During the spring of 1994 about
5 cubic yards of material has been deposited to date. Because
most of the yard waste to be brought to the site between .early May and
the fall leaf season will be grass clippings which will be hauled off
site, there will probably not be much more yard waste remaining on
ite until fall. The 5,800 cubic yards of material will rapidly
diminish in size as .initial decomposition takes place.' Some of this
material will remain on the north side to be composted. The remainder
will either be brought to the south side, if there is sufficient room,
or will be hauled off s
Guidelines for the amount o yard waste to be placed on a si vary in
different composting manuals. The MPCA's Introduction to Compostin
suggests an average of 3,000 to 3,500 cubic yards o yard waste per
acre. According to an article in The BioC cle Guide to Yard Waste
Com ostin ("Guidance in State: Manuals , " The JG Press,, Inc , 1989T,,
Michigan recommends 3,500 -5,000 cubic yards per acre, and Connecticut
recommends 3,500 -8,000 cubic yards per acre, for leaf composting.
How much yard wa has been received since the State yard waste ban
went into effect in 1990? Has the amount been
Total yard waste received at all eight sites and at the Maplewood site
from 1990 through 1993
All Eight County
Yard Waste Sites Maplewood Site
1990 -93
(c ��'�� cubic ards
The quantities received have increased each year
the Maplewood site, as shown below. One of the
quantities is probably increasingly wet weather
All Eight County
Yard Waste Sites
(cubic yards
1990 77,5
1991 75,470
1992 100,012
1993 116,736
Maplewood Site
(cubic yards)
QA& .#
13,613
22,477
27,480
COMPLIANCE WITH STATE RULES AND GUIDELINES
Percent
at all sites and at
reasons for increasing
the past few years.
Percent
Percent
18.0%
22.5%
23.5%
MPCA Guidelines are not being followed. The site should have a grade,
per the MPCA guidebook (Introduction to Composting). The site should
have a liner, per the MPCA guidebook. There should be daily
monitoring, per the MPCA guidebook. Why aren't there berms, leachate
control, drainage control, etc., per the MPCA Guidebook?
There are State rules on composting (Minn. Rules 7035.2835) that must
be followed by all composting operations involving solid waste (except
backyard composting; other rules apply to composting of materials such
as animal manures that are not mixed with solid waste). These rules
acknowledge the major differences between yard waste composting and
composting of other types of solid waste. Operations that accept
strictly yard waste are treated as permit -by -rule facilities.
Facilities complying with certain basic requirements in the State
rules regarding location, notif ication to the MPCA, operation, and
reporting are issued a letter from the MPCA stating that they are a
permit -by -rule facility in accordance with MPCA requirements.
After these rules went into effect in 1989 Ramsey County sought and
received permit -by -rule approval from the MPCA for the Maplewood and
the other seven yard waste sites.
The State rules for composting require that yard waste composting
operat comply with only a portion of the rule because composting
or co - composting (usually with sewage sludge) of mixed waste has a
much higher potential for environmental and public health effects if
not done properly.
Introduction to Compostinq is a guidebook developed by the MPCA for
yar waste compos i.ng an also municipal waste composting and
co- composting. According to its author, Roberta Wirth of MPCA, this
guidebook was developed five years ago as a component of a training
course conducted by the MPCA in composting. Many of the
recommendations in this manual are not dictated by State rules.
Instead, they are guidelines developed by the MPCA based upon their
review of various types of information.
A review of literature available on yard waste composting reveals that
many specific guidelines in the MPCA manual are similar to those cited
elsewhere, but that there are also some differences on some items.
For example, according to an article in The B oC cle Guide to Yard
Waste Compostinq ( "Guidance in State Manuals," The JG Press,.Inc..,
$ ), Connecticut recommends a minimum 2% slope, which is similar to
the.2 -3% grade recommendation in Introduction to Composting but
Minnesota, Michigan, and Connecticut have different recommendations on
the volume of yard waste per acre of land (see discussion above).
Grade. Introduction to Compostinq recommends that a yard waste
composting site s 0ul�be s lg t y graded with a two to three
percent slope. County staff have measured the slope at the
Maplewood site. The pad on the south side of the site has a slope
of 2.5 -3%%. The pad on the north side of the site has a slope of
1 -2.5 %. On both pads, the slope parallel to the windrows is about
2.5$.
Liner. Neither State rules for yard waste composting nor
Introduction to Compostinq guidelines state any need for a liner
at a yard waste composting facility. The person asking this
question mistakenly cited the guidelines for mixed municipal solid
waste composting /co - composting facilities.
Daily monitoring Introduction to Com ostiPei- does recommend daily
temperature monitoring o compost pi es. W n asked about the
requirement, Roberta Wirth stated that it is aimed at MSW
composters to assure pathogen destruction, which is not an issue
with yard waste composting. In the past the Division of Solid
Waste has only taken temperature readings on an irregular basis
because the piles were turned based on factors other than the
specific biological characteristics of the composting piles (e.g.,
equipment availability and budget considerations).
Berms leachate and drainage control. The yard waste section of
the guidebook states that surface water drainage must be
controlled to prevent runoff movement i.ntfo lakes, streams, and
ground water. There are no specific requirements for berms. See
previous discussion under Water Quality.
When the Maplewood site was located did you look at locational
1>
considerations
The eight County yard waste sites were located in the early to mid
1980's in cooperation with cities and, in Saint Paul, district
neighborhood councils. A review of correspondence in the County's
files indicates that locational factors included convenience to
residents, including having a distribution of sites throughout the
County, highway access, visual buffering, not placing the site on a
wetland, and availability of land.
TRAFFIC
Traffic concerns on Beam Ave. -- westbound vehicles sometimes execute
U -turns on Beam to access the compost site.
It is our understanding that the City of Maplewood Community
Development Department will work with the City Police Department to
ensure that the Police routinely check Beam Avenue for traffic
violators during busy times at the compost site. The Division of
Solid Waste has provided the Community Development Department with
information on when the busiest times are likely to occur.
The site attracts traffic to the south side of the site (traffic
coming into Kohlmann St. and Co. Rd. C).
It is not clear to us how the site could attract much traffic to the
roads south of the site. There are only two places - -the cul -de -sac of
Clarence Street and the northern terminus of Fitch Street, both north
of Kohlmann Street- -where someone might try to drive to illegally dump
waste on property near the south side of the compost s i.te . Again, the
Division of Solid Waste is working with the City Community Development
Department to ask the City Police Department to routinely patrol this
area. The Division of Solid Waste is willing to provide signs ( "No
Dumping" or something similar) to the City that could be posted at
these locations, should the City so desire.
ODOR AND DUST ISSUES
The odor is incredible, overwhelming, mostly when it is calm, fog
and with a NE wind. The odor is objectionable, smells sometimes like
wet tea bags, at other times like a hog farm, is pungent and sometimes
smells like vomit. The odor can come and go. What site activity
caused odor at -30 ° F?
The natural process of breakdown of organic materials by
microorganisms produces odors, whether on a forest floor, in a swamp,
or at a composting facility. A variety of gases can be produced in
the breakdown process, some of which are detected by the human nose.
Whether or not an objectionable odor is produced depends on many
factors, including which gases are produced at a particulate time, the
intensity of the gases, the wind direction and speed, and an
individual's sensitivity to particular gases.
Unpleasant odors at compost sites tend to occur when anaerobic
conditions are present, meaning conditions with low oxygen levels that
favor certain types of microbiological activities that can produce
certain unpleasant gases. The Division of Solid Waste is taking many
steps to minimize the presence of anaerobic conditions, including:
• having grass clippings removed three times per week (this has been
done since the summer 1992);
. reducing the, size of windrows, to allow more air to move through
the windrows, similar to the way a chimney operates;
• monitoring biological conditions of the windrows through
.measurement of temperatures and moisture levels so that piles are
turned when biological conditions indicate that turning is
necessary;
. only turning windrows when certain wind speed and direction
conditions are present;
regrading of the south pad to minimize ponding;
• alternating the drop -off area on the north pad for grass clippings;
• spreading lime on the drop -off areas for crass clippings; and
. continuing, through a Contract with the Minnesota Extension Service
in Ramsey County, to encourage reduction in yard waste, such as
continuing to disseminate information regarding the benefits of
leaving grass clippings on the lawn.
Lime: you told us two years ago lime would not work, but now you say
you will use it--what caused the change? Cant you spray small
amounts of lime on the piles? .
.During the summer months in 1994 the drop -off area at the site will be
alternated so that each area will be able to dry out, thereby
minimizing odor potential. In addition, during 1994 the Division
intends to apply pulverized limestone directly onto the surface of the
drop -off area as an additional step to thwart potential odor
formation. To control odors in the windrows, the Division is
implementing the steps outlined above to minimize odors caused by
anaerobic conditions.
A review of literature on composting suggests that lime may help to
suppress odors by neutralizing certain organic acids produced during
the composting process. To have an effect on a windrow, however, the
lime would have to be incorporated into the pile with some type of
spraying equipment while the piles were, being turned. In 1991 ago a
resident suggested the use of lime sludge from the Saint Paul Water
Treatment Plant. However, following discussions with that facility,
the Division of Solid Waste determined that using this sludge for odor
control would not be feasible. the sludge is 78% water, and some type
of special equipment would be needed to haul and incorporate the
material into the compost piles.
A concern with using significant quantities of lime is that it ; ^ould
raise the pH of the finished compost. Ramsey County's compost,
consistent with testing results elsewhere, generally has a pH of 7.5
to 8.0, or slightly alkaline. According to an article in BioC cle
(Glenn,, Jim, "Odor Control in Yard Waste Composting," November 0),
Bruce Fulford, director of composting activities at the Tellus
Institute in Boston, states that adding lime will - increase the pH of
the material being composted, and with pH above 8 the likelihood of
emitting ammonia increases.
An article in Waste Acme ( "DeGrane, Susan, "Giving Composting a Try,"
January 1991) a`o t an Illinois yard waste facility indicated that the
operators were concerned about dangers to persons applying lime.
Does the large berm the RR was on help create a microclimate that
helps hold in odors?
It is possible that the railroad right -of -way berm could help create a
microcli.mate.
.s ergi,llus fumigatus concerns: One household is archaeologists who
have prior exposure and mold sensitivity. Another household has
allergies and at times has to go to the one air conditioned room in
the house. Have you done studies on mold and fungi? Can you
guarantee that no airborne pathogen will have an adversely affect?
A summary of research findings concerning Aspergillus fumi atus is
attached at the end of this document. We cannot guarantee t at an
airborne pathogen will not affect your child, just as we cannot
guarantee that no airborne pathogen will be generated from any other
natural or man -made source.
OTHER ISSUES
Property values in the area are depressed by the site, even thought
the County Assessor says property values are going up along with
taxes.
Determining the positive or negative effect of any land use (e.g., new
highway, park, compost site, shopping center) on nearby properties
requires careful study. The purpose is to determine, based on
analysis of property transactions, if a pattern emerges in property
values and what the cause or causes of the pattern are, if any.
Certain nearby land uses may serve as an attraction or detraction to a
prospective buyer of a house but may not warrant consideration b
u
another buyer (for C •
e . ye example, are many examples in the Twin Cities
of expensive homes being built very close to mad or freeways) .
.Examination of property transactions requires determination of which
sales are "arms - length" transactions (e.g., not sold to a relative)
and an examination of entire costs, including financing. Without such
a study, the Division of Solid Waste does not currently have
information to determine if the compost site has had any effect on
property values.
Concerns about fire at the site and.in the wetland.
There have been two fires at the eight County yard waste sites during
the past ten years, ,including one at the Maplewood site. Both fires
i.
were controlled without incident. Once n a compost pile, yard waste
is usually quite moist. During a drought period, fresh leaves could
be more flammable. The County has provided the Maplewood Police and
Fire Departments with keys so that they may obtain access to the site
at any time in case of fire or any other reasons. The City Fire
Marshal will examine the site in early May to review fire safety
issues at the site.
Are complaints common at other sites? What is it about the Maplewood
site that causes it to get.more complaints?
'The County has received very few complaints (directed to County or
.city personnel) at its other yard waste sites over the 8 -10 years that
the sites have been in operation. Other than at the Maplewood site,
there have been only six complaints since 1990: two complaints
regarding the Mounds View site (both from the same person in 1993),
two complaints regarding the District 16 site in Saint Paul (both from
the same person), and two complaints concerning the District 5 site in
Saint Paul (one each in 1993 and 1994).
Will the County prepare a comprehensive analysis by the end of 1994
that is correlated with neighbors' complaints?
The County will work with the Community Development Director to
determine what information is required for the permit review at the
end of 1994.
Should a public entity (versus a private entity) be able to operate
such a facility in a residential area?
The City of Maplewood and Ramsey County have been in a cooperative
venture since 1984 to provide and operate a yard waste site. Because
this is a drop off cite for residents, it had to be located at a
convenient distance for residents in the east and northeast side of
the County. The land where this site is located is not zoned
residential, but is zoned M1, or light industrial. Whether or not the
public or private entities should be similarly treated is a local
issue.
Don't you suspect that larger trucks using the site are commercial
businesses?
It is.County policy that the yard waste sites are only for residents
dropping off yard waste. Commercial enterprises are not allowed.
Site monitors are trained to question anyone who appears to be a
commercial enterprise, such as larger trucks hauling larger quantities
than residents would typically haul to a site, or trucks with signs or
equipment (mowers, rakes, etc.) that might indicate they were a
landscaping or lawn service. This system of monitoring appears to
work reasonably well, although some commercial enterprises, such as
smaller, unmarked trucks, might be able to use a site without arousing
suspicion.
How long have Ramsey County's yard waste sites been in place? How
much longer do you plan to have them in place at the same locations?
Ramsey County's yard waste sites have been in place since the
midi- 198.0 These sites were developed in cooperation with their host
cities, and also in Saint Paul, with the district neighborhood
councils. The sites were initially provided as a service to residents
who wished to "recycle" their yard waste into compost instead of
placing 'it in the trash when the State yard waste ban went into
effect in 1990, use of the County's sites increased dramatically.
These sites are a very popular public service supplied b the County.
The ' Y
e County periodically has examined other alternatives for provision
of yard waste services. Because the service is popular and generall
has been workin y
g well, it is anticipated that the sites will .remain in
operation indefinitely.
d ft
hard waste (yard east) rz.
1 1. lea-v-es, grass clippings and
other soft- bodied plants
State la«-s says:
You can't mix it... «7ith other trash.
You can bag it... separately for trash pick -up.
You can take it... to a County yard waste site.
Ramsey County Yard Waste Sites open
Alarch 28, 1994
sites open.March 28 - May 30
AIAF 11 a.m. - 7 p.m.
Saturday 9 a.m. - 5 p.m.
Sunday 11 a.m. - 5 p.m.
Closed Easter Sunday, April 3, and
Memorial Day, jkfay 30
sites open June 1 - September 30
I ) W ) F 12 noon - 8 p.m.
Saturday 9 a.m. - 5 p.m.
Sunday 11 a.m. - 5 p.m.
Closed Independence Day, July 4 and
Labor Day, September 5
sites open October 1 - November 30
NI,`'V,F 10 a.m. - 6 p.m
Saturday 9 a.m. - 5 p.m.
Sunday 11 a.m. - 5 p.m.
Brush and other woody materials are not considered yard
waste and can be put out with the trash. Call your trash
hauler for specifics.
Published by the Ramsey County Board of Commissioners
Follow these steps for a healthy lawn.
They save time, energy and
produce less waste.
• •
Mow when grass is 2 1/2" to 3" tall. Set mower blade
to cut no more than one -third of the surface at any
one time.
• Mow on a regular basis, making sure the mower
blade is sharp. Regular mowing reduces the need to
bag grass clippings. Short clippings filter down to the
soil and decompose quickly.
• Don't bag grass clippings. Leaving them on the lawn
recycles valuable nutrients into the soil.
• If you do bag grass clippings, use them as mulch on
gardens or around trees and shrubs, add them to
your backyard compost pile or take them to one of
eight Ramsey County compost sites.
water
• 1" of water per week is needed in cool or warm
weather.
• 1" -2" of water per week is needed in hot and/or windy
weather.
Most lawn sprinklers produce 1/4" - 3/8" water per
hour.
• The best time to water is early morning to avoid
excessive evaporation.
• The worst time to water is late evening because the
lawn stays wet all night, encouraging disease devel-
opment.
• Excessive watering also encourages disease develop-
ment.
Fertilize
The most important times to apply fertilizer are late
summer and late fall. This allows nitrogen to be
aborbed by the grass when the growth is slow. The
next spring's first growth will be greener and health-
ier.
• Lawns that are watered regularly and where clip-
pings are not bagged benefit from 3 fertilizer applica-
tions - late spring, late summer and late fall.
• Lawns that are rarely watered benefit from one
fertilizer application in early fall.
For more information on lawn care and how to compost,
call the Ramsey County Extension Service, 777 -2777.
For information on the location of Ramsey County's
yard waste sites, call 633 -1204 for a recorded message.
Call 633 -EASY (633 -3279) (TTY: 649 -3005) for
additional information.
Printed with Agritek ink on recycled paper
with a minimum of 25% post - consumer content
HELP US MADE QUALITY COMPOST!
Ran ey 'Coty..operates this yard waste site in cooperation with the
City: o f .Maplewoo.i `We work very hard to be a good neighbor to
re51(�eI1tS.. I1Cl vuS1I1eS5eS In the area. We ar e making changes to our
I111ninl odor front the site. We Strive to provide high -
bpLl "at1OI1fi to*
qu - services t6site Users, and to produce a finished compost product
that iileets...your 1wn: and garden needs.
e. need VOtIr help to make this site wor
Mere are- sonze:*.thris that you can .do to help assure that the site will
rem open a I1d'. ' " r(JVide a good quality com post: -
�► Bring only soft-bodied yard waste: leaves, grass
clippings, and soft garden plants. Woody :.Mate6al, (twigs,
branches, Wood - chips) hinders ou com O5t' .,.proce$S
and reduces compost quality. ;
�► Please remove debris b your yar&.. was c
terulis balls, pop cans, paper, etc.).
�■► Don't bag your grass! Call the Ramsey County Extension.
Service hotline at 777 -2777 for in for t14l1 * t * *hOw:y0u" 1 :
can have a healthy lawn with less work nd - ' - Without
bagging your grass clippings. Look on the- bzck
flyer for tips on lawn care.
If V0.0 --:do .bag;...." y grass clippings, bring them to the site
as soori:::af ter'c� tti rig as possible. This helps reduce odors
at ;tllc.sic.
' Cozlsider; a backyard pile. If you have the time,
a a e .ancl , u5c �fo .411 ne compost, it can be a rewarding
the .EXtCI�l0I1 Service at 777 -2777 for more
-i atio:
If you::have'.questions : comiuents, or concerns about management of this
yard waste. :sife :ca11`:th6 Ramsey County Division of Solid Waste at
292.79.00. ` If `you llavc questiolls about recycling, households hazardous
waste management, or other solid waste matters, call the Ramsey
County Solid Waste Hotline: 633 -EASY.
Follow these steps for a healthy lawn.
They save time, energy, and produce less waste.
• Mow when grass is 2-1/2" to 3" tall. Set mower blade to cut no
more than one -third of the surface at any one time.
• Mow on a regular basis, making sure the mower blade is sharp.
Regular mowing reduces the need to bag grass clippings. Short
clippings filter down to the soil and decompose quickly.
• Don't bag grass clippings. Leaving them on the lawn recycles
valuable nutrients into the soil.
• If you do bag grass clippings, use them as mulch on gardens or
around trees and shrubs, add them to your backyard compost pile,
or take them to one of eight Ramsey County compost sites.
• 1" of water per week is needed in cool or warm weather.
• 1 to 2" of water per week is needed in hot and /or windy weather.
• Most lawn sprinklers produce 1/4" to 3/8" water per hour.
• The best time to water is early morning to avoid excessive
evaporation.
• The worst time to water is late evening because the lawn stays wet
all night, encouraging disease development.
• Excessive watering also encourages disease development.
• The most important times to apply fertilizer are late summer and
late fall. This allows nitrogen to be absorbed by the grass when the
growth is slow. The next spring's first growth will be greener and
healthier.
• Lawns that are watered regularly and where clippings are not
bagged benefit from 3 fertilizer applications- -late spring, late
summer, and late fall.
• Lawns that are rarely watered benefit from one fertilizer.
Rene M. Bollengier, Jr.
State Supervisor
Division of Wildlife Assistance
U.S. Fish and Wildlife Service
Concord, New Hampshire 03301
Figure 1. \''Voodchuck, Marmota monax
WOODCHUCKS
' - — :``� �.�•' a-�- •. ► 'te _ '�••. .
�, . �` ` ! � - . � � _� • „�"'� = '` ��"�o•Z� . "�' ms s_ �' .. � � . ..
1.4 _' .•... .f • i i' +.�. •'rte _
,'•'�,.� �✓ r��,
- kip � . ..� � ��`�•�'��'�- � �. 777 . y•
III ..•�� 44444 `k �ti+4
_ ,: • .z
_.,, �; -' -� :'�;.•.:
Ik
' .1
lb 4L
1p
Damage Prevention and Fumigants
Control Methods Gas cartridges
Exclusion
Standard, or electric fences
Toxicants
None registered
Traps
Live traps
No. 2 leghold traps
Shooting
Effective where legal and safe
Identification
The woodchuck (Figure 1), a
member of the squirrel family, is
also known as the ground hog or
whistle pig. It is closely related to
other species of North American
marmots. The woodchuck's com-
pact, chunky body is supported by
short strong legs. Its tail is short,
well furred and dark brown in col-
or. The woodchuck's forefeet have
long, curved cla\ti /s that are well
adapted for digging ground bur-
rows. The color of this large rodent
is grizzled brownish gray. Although
uncommon, colors of white (albino)
to black (melanistic) can be found.
^,. �: .:"''.- r- 's,•K�.un- =.•..- s!!•i- ;,e..!w •. r• a vsY-- ?P".?�^1!f'^;- w+�.! -=.r�.
LD,L`FE DAAG K.,
.J I
Both sexes are similar in ap-
pearance, but the male is slightly
larger, weighing an average of 5 to
10 pounds (2.2 to 4 kg). Total
measurement of the head and
body average 16 to 20 inches (40 to
51 cm). Tail length is usually 4 to 7
inches (10 to 18 cm). Like other
rodents, \woodchucks have white,
chisel -like incisor teeth. These in-
cisor teeth are w hite. Their eyes,
ears and nose are located toward
the top of the head, which allows
maximum use of these senses wwlhen
vie\ving over the F * n of the burrow
v hile remaining largely concealed.
Although they are slow runners,
woodchucks are alert and quickly
scurry to their dens when ap-
proached.
Range
Woodchucks occur from eastern
Alaska, through British Columbia
and in most of southern Canada.
They can be found also in northern
Idaho, northeast North Dakota,
southeastern Nebraska, eastern
Kansas, an6 northeastern
Oklahoma, and throughout the
eastern United States south to
Virginia and northern Alabama
(Fig 2).
` _j ; •
IL
• _' •1 •
�r
t
Habitat
in general, woodchucks prefer
open farmland. They are also
found in abundance in wooded
areas adjacent to these open lands.
Burrows commonly are located in
fields, pastures, along fence rows,
stonewalls, roadsides or at the base
of a tree. Woodchuck burrows
usually are distinguishable by a
large mound of excavated earth at
the main entrance. The main open-
ing is approximately 10 to 12
inches (25 to 30 cm) in diameter.
There are always two or more en-
trances to each burrow system.
Some of the secondary entrances
are dug from below the ground
and do not have mounds of earth
beside them. They are usually well
hidden and sometimes difficult to
locate (Figure 3). Each spring active
burrows can be located by the
freshly excavated earth at the main
entrance. The burrow system serves
as home to the woodchuck for
mating, weaning young, hibernating
in winter, and for hiding w hen
threatened.
Food Habits
Early morning and evening hours
are the woodchuck's preferred
feeding times. They are primarily
vegetarians and feed on a variety
of vegetables, grasses and legumes.
Some preferred foods are beans,
peas, carrot tops, alfalfa, clover
and grasses.
General Biology
Woodchucks are primarily active
during daylight (diurnal) hours.
When not feeding and during the
warmest periods of the day, they
sometimes bask in the sun. \N/ood-
chucks have been observed dozing
on fence posts, stonewalls, large
rocks and fallen logs. These
periods of daily leisure are usually
spent close to the burrow entrance.
Woodchucks are among the few
mammals that enter into true
hibernation. The time frame for
this state of torpor varies with
latitude but usually starts in late
fall, near the end of October or
early November. Hibernation con-
tinues into late February and
March at which time they emerge
from their burrows. Usually males
come out of hibernation before
females and subadults and may
travel long distances -- occasional-
ly at night --- in search of a mate.
Woodchucks breed in March and
April. A single litter of two to six
(usually four) young is produced
each season after a gestation of
about 32 days. The young are
weaned by late June or early July,
and soon thereafter strike out on
their own. They frequently occupy
abandoned dens. The numerous
new burrows which appear during
late summer are generally dug by
older woodchucks.
Main
entrance
Figure 2 . Range of the %yoodchuck in north
America.
F igure 3. Burrow system of woo c uc .
r�
B -154
The daily range of the woodchuck
is usually between 50 to 100 feet
(15 to 30 m) from its den. This
distance may vary hovi based
on the availability of food. Wood -
chucks are very sanitary at their
den sites. They also maintain clean
burrow systems and annually
replace nest materials. A burrow
and den system is often used for
several seasons. The tunnel system
is irregular and may be extensive in
size. Burrows may be as deep as 5
feet (1.5 m) and range from 8 to 66
feet (2.4 to 19.8 m) in total lengt i.
Dens and burrows not in use by
Woodchucks also furnish cover for
many other wildlife species.
When startled, woodchucks may
emit a shrill whistle or alarm,
preceded by a low, abrupt "phew."
This is fni lowed by a low, rapid
warble that sounds like "tchuck,
tchuck." The voice is usually heard
at the entrance of the burrow when
- the animals are startled. The im-
portant predators of woodchucks
include hawks, owls, foxes bob-
cats, weasels, dogs and man.
Damage
On occasion, the woodchuck's
feeding and burrowing habits con-
flict with man's interests. This
many times occurs on farms, in
home gardens, orchards and
nurseries. Damage to vegetable
crops such as beans, squash and
peas can also be costly and exten-
sive. Mounds of earth from the ex-
cavated burrow systems, and holes
formed at burrow entrances also
present a hazard to farm equip-
ment, horses, and riders. Fruit trees
and ornamental shrubs may be
damaged by woodchucks as they
gnaw or claw woody vegetation.
Legal Status
In most states, woodchucks are
considered game animals. There is
usually no bag limit or closed
season. In damage situations wood-
chucks are usually not protected;
however, depending on the control
technique to be employed, the
legal aspects may vary from state
to state. When considering
shooting and or trapping to control
problem individuals you should
first consult with your state
wildlife department, U.S. Fish and
Wildlife Service representative, or
Agricultural Extension Agent.
Damage. Prevention and
Control Methods
Exclusion
Fencing can help reduce �vood-
c yuck damage. Hovvlever, wood-
chucks are good climbers and can
easil scale wire fences. If fencing
is to be used, the lower edge
should be buried 10 to 12 inches
(25 to 30 cm) in the ground to pre-
vent burrowing under the fence.
Fences should extend 3 to 4 feet
(91 to 122 cm) above the ground.
An electric hot -shot wire placed 4
to 5 inches (10 to 13 cm) off the
ground and the same distance out-
side the fence will prevent climb-
ing and burrowing. Fencing is most
useful in protecting home gardens
and has the added advantage of
keeping other animals out of the
garden area. In some instances, a
hot shot wire alone has deterred
Woodchucks from entering gardens.
Vegetation in the vicinity of the
hot wire whould be removed fre-
quently to prevent the system from
shorting out.
Toxicants
No poisons are registered for
woodchuck control.
Fumigants
The most common means of wood-
chuck control is the use of a com-
mercial gas cartridge. This is a
specially designed cardboard
cylinder filled with slow burning
chemicals. It is ignited and placed
in the burrow system, and all en-
trances are then sealed. The gas
cartridge burns, producing carbon
monoxide which accumulates in
the burrow system and kills the
woodchuck. Gas cartridges 'are
available from local farm supply
stores and the U.S. Fish and
Wildlife Service Pocatello Supply
Depot. Directions for their use are
on the label and should be careful-
ly read and closely followed (see
information on gas cartridges in
Pesticides and in Supplies and
Materials).
Persons using gas cartridges should
take a few precautions. Because of
a potential fire hazard, gas car-
tridges should not be used in bur -
rows under sheds, buildings, or
near other combustible materials.
Gas cartridges are ignited by
lighting the fuse. They are not
bombs and will not explode if pro -
perly prepared and used. Caution
should be taken to avoid pro-
longed breathing of fumes.
Each burrow system should be
treated in the following manner:
1. Locate the main burrow open-
ing (identified by mound of
excavated soil) and all other
secondary entrances associated
with that burrow system.
2. With a spade, cut a clump of
sod slightly larger than each
opening. Place a piece of sod
over each entrance except the
main entrance. Leave a pre -cut
sod clump next to the main
entrance for later use.
3. To prepare the gas cartridge
for ignition and placement,
follow the written instructions
on the label.
4. Kneel at the burrow opening,
light the fuse, and immediately
place (do not throw) the car-
tridge as far down the hole as
possible.
5. Immediately after placing the
cartridge in the burrow, close.
the main opening by placing the
piece of pre -cut sod, grass side
down, over the opening. Make a
tight seal with loose soil.
(Placing sod grass side down
prevents smothering the car-
tridge with dirt.)
B -155
B-156
6. Stand by for 3 to 4 minutes
and watch nearby holes. Con-
tinue to reseal those from which
smoke is escaping.
7. Repeat these steps until all
burrow systems have been
treated in problem areas.
Burrows can be treated with gas
cartridges any time but is usually
done in the spring before young
emerge. On occasion treated bur -
rovvts will be reopened by another
animal re- occupying the burrow
system. If this occurs, retreatment
may be necessary.
Trapping
Traps may also be used to reduce
Woodchuck damage; both steel leg -
hold and live traps are effective.
Trapping may be used in areas
where gas cartridges may create a
fire hazard. Woodchucks are
strong animals, and a ho. 2 steel
trap is needed to hold them. Live
traps can be built at home or pur-
chased from commercial sources
(see Supplies and Materials). They
can be set easier by laymen and
are more humane than steel traps.
Traps can be baited with apples or
vegetables such as carrots and let-
tuce, and located at the main en-
trance. Guide logs placed either
side of a path between the burrow
opening and the trap will aid in
funneling the animal toward the
trap. All traps should be checked
twice daily, morning and evening,
so that captured animals may be
dealt with in a humane manner.
Before using steel traps, consult
your state wildlife department with
regard to legal requirements. Steel
traps should not be employed in
areas where there is a possibility of
capturing domestic animals.
Shooting
Rifles with telescopic sights have
encouraged the development of
sport shooting of woodchucks. In
some states there is no closed
season, nor is there any limit on
the number of woodchucks that
can be taken by hunters. If
shooting can be accomplished safe-
ly, landowners and/or hunters can
reduce or maintain a low level of
Woodchucks �N here necessary.
Landowners and hunters should
agree on hunting arrangements
prior to initiating any shooting ac-
tivities. In many states, wood-
chucks are considered game
animals. Therefore, if shooting is
permitted, a valid state hunting
license may be required.
Acknowledgments
Recognition gets to State Supervisors,
Region 5, of the Division of Wildlife
Assistanc , U.S. Fish and \ti'ildlife Service
\%hose comments and editing led to bulletin
\%'LR 1001, titled - ANtoodchuck" (September
1981). This leaf let was used as the basis for
this chapter.
Figures 1 through 3 from Schwartz and
Sch\ (1981), adapted by )ill Sack
Johnson,
For Additional
Information
Burt, W.H. and R.P. Grossenheider. 1976. A
Field Cuide to the Mammals, Third
Edition. Houghton Mifflin Co., Boston.
289 pp.
Lee, D.S. and J.B. Funderburg. 1982.
Marmots. Pp. 176 -191 in Wild Mammals of
North America: Biology, Management, and
Economics (J.A. Chapman and G.A.
Feldhamer, Eds.). The Johns Hopkins
University Press, Baltimore. 1147 pp.
Marsh, R.E. and W.E. Howard. 1982.
Vertebrate Pests. Pp. 791 -861 in Handbook
of Pest Control, Sixth Edition (A. Mallis,
Ed.). Franzak and Foster Co., Cleveland,
Ohio. 1101 pp.
Schwartz, CAA. and E.R. Schwartz. 1981. The
Wild Mammals of- Missouri, Revised
Edition. University of Missouri Press,
Columbia. 356 pp.
SUMMARY OF RESEARCH ON PESTICIDES AND FERTILIZER
IN YARD WASTE AND YARD WASTE COMPOST
Richard, Tom, and Matt Chadsey, "Environmental Im - act of Yard Waste
Compost, 11 in The BloCycle Guide to The Art and Science of Composting
The JG Press, Inc . , Emmaus, PA, 199
In 1989a study of environmental effects of a municipal leaf
composting site in New York State was conducted. A test for over 200
pesticide residues showed detection of only four pesticides: captan,
chlordane, lindane, and 2,4 -D. All except chlordane were found in
concentrations well below the USDA food '�olerance _ level . The study
concluded that chlordane and chlordane - related compounds should not
constrain the use of the compost because a) there was evidence that
the chlordane was breaking down (the presences of s everal by- products
of chlordane degradation); b) with the banning of chlordane in 1988
residues in lawns and soils can be expected to decrease in the future;
c) chlordane was found within the lower end of the range of typical
background levels for suburban soils, although about three times
higher than the USDA tolerance level; and d) chlordane and related
compounds are tightly bound to the compost itself.
Schlauder, Richard, "Analyzing Yard Waste for Contaminants," in
BioCycle August 1992.
The Pennsylvania Department of Environmental Resources analyzed two
uncomposted samples of grass clippings at yard waste composting sites.
A pesticide residue screening analysis for 30 specific, common
pesticides showed only one pesticide that exceede its limit of
quantification (detection limit): chlordane. This study cited the
Richard and Chadsey study above in determining that the level of
chlordane found was within the range found in suburban laws in New
York.
Crawford, S., and K. Feldman, "Degradation of Pesticides During Yard
Waste Composting," (from a conference presentation) 1993
Tables developed by these authors provide detailed information for
major specific herbicides, insecticides, and fungicides concerning
toxicity levels and degradation rates.
Discussion with David Whiting, Extension Horticulturist, Minnesota
Extension Service, Ramsey, Washington, and Dako Counties, 1994
Mr. Whiting does not regard fertilizer residues on grass clippings as
a significant issue. Dry fertilizer granules are sufficiently heavy
that they will generally fall near the ground, below the level where
grass blades are cut with a mower. Should dry or sprayed fertilizer
residues be left on the grass blade when it is cut, they will
essentially be another nutrient, along with the nitrogen in the grass
clippings.
Mr. Whiting does not have major concerns about environmental or health
effects due to pesticides in leachate from yard waste management
facilities or in finished compost. Dry "weed and feed" types of
fertilizer formulations will act the same as dry fertilizer, enerall
g Y
falling below the level where grass blades are cut with a mower. The
broad- leafed weedkillers commonly available to homeowners, 2,4 -D,
MCPP, MCPA, and dicamba, are all readily broken down by bacteria on
the turf and in piles of grass clippings.
The half -life of 2,4-D on turf, for example, is 7 -10 days. if a
resident mowed their lawn before the 2,4 -D had full degraded, some of
. Y g ,
this pesticide would travel with the grass blade to the composting
site where it would continue to degrade rapidly. In the worst case,
because it is water soluble, some 2,4 -D could leac=h out. However, the
amounts used on home lawns are very small. Also, research has shown
that 2,4 -D is found in small quantities in water bodies, but not at
levels that present environmental or health risks. The Extension
Service recommends that homeowners who have applied weedkillers and
wish to use the grass clippings for mulch wait a few weeks before
placing the mulch around plants in the garden, to allow time for
degradation of the weedkiller.
Crabgrass killer moves into the top 2 inches of the soil surface when
it is watered in properly. If, in the worst case, it was not watered
in and the grass was then cut, then some of this herbicide could be
taken to a compost site on the grass blade. However, because it is
insoluble, it would remain with the decomposing grass clippings.
Crabgrass killer is broken down by bacteria in three months, and can
be broken down more rapidly if allowed to photodegrade and volatilize.
Insecticides are not generally used in turf. If, for example,
dia.zinon were used for killing grubs, it would degrade in 21 days, and
and once it has dried, it is immobile.
Fungicides available for use by homeowners break down quickly. As
with some other types of pesticides, if a resident is still using n
g
old formulation of a fungicide no longer available, such as a
fungicide containing mercury, then it is possible that chemicals from
an old formulation could up in leachate, runoff, or in finished
compost. However, because the vast majority of residents are not
using such old formulations, the contamination levels are likely to be
small.
Mr. Whiting is not aware of any studies of pesticides or fertilizer in
leaves, presumably because of the vast quantities of leaves brought to
compost sites, only a small portion of them are likely to have been
sprayed.
Test results for the Composting Concepts composting site in Woodbury,
1989.
An analysis by the State of Minnesota Dept. of Agriculture of yard
waste from this yard waste composting site showed that of 61
pesticides studied, three were detected above detection limits:
chlorpyrifos, dicamba, and 2,4 -D.
Simpson, Michael H., Sumner Martinson, and Bruce Fulford "Flow
Strategies for Leaves and Yard Waste," in BioCycle July 19900
. In 1988, the Massachusetts Division of Solid Waste Management funded a
study to assess the environmental impact of yard waste composting t a
i.
site n Y rm h g
a out_., Massachusetts. Preliminary results indicated low
concentrations of 2,4 -D and chloryrifos in the yard waste comin g onto
the site. However, both of these chemcabs were below levels of
detection in the finished compost.
DeCrane, Susan, "Giving Composting a Try," in Waste ArXe, January 1991.
Land & Lakes Company in Illinois operates a yard waste composting
facility that accepts grass clippings, leaves, and brush. In the
testing performed of the compost, no fertilizers or pesticides were
f ou nd .
Aspergillus fumigatus
introduction
A substantial amount of research has been performed on A. fumi gatus in
the sc ientific literature. only in the past few years, Fo'we e have
studies been conducted to evaluate the health effects of this fungus
in association with yard waste sites.
A. fum is a fungus found virtually everywhere on earth.' People
are exposed to this fungus on a regular basis, but despite this
exposure the organism does not .normally cause disease. The human
immune system normally acts as if A. fumi atus is an innocent v'.sitor,
unless it invades tissues, in wh c it responds as if It were a
pathogen.
A. fumigatus prefers to grow on decaying organic matter with oxygen
present. It is tolerant of warm temperatures, and can grow and
reproduce from 12 to 50 °C (59 ° F to 122°F)..A.fumigatus is a normal
and integral part of the composting process; it is one of many organisms that helps break down compostable materials into a finished
product.
The fungus has a life cycle of four stages, one of which is the
formation of spores. The spores weigh very little, and are easily
spread by air currents. The spores are found in many substrates,
including compost, soils, straw, hay, bark and woodchi.ps, house dust,
bird droppings and sewage sludge. People are exposed to thie- fungus in
a variety of activities, including lawn mowing (cited by some as the
most common source.of exposure for residential dwellers), gardening,
home landscaping, potting houseplants, raking leaves and walking along
a nature trail. A. fumigatus is also found indoors, and has been found
inside homes. Humans are constantly exposed to and inhale As er illus
spor
"�"'
Health Effects
A considerable amount of study has been done on health effects of A.
fum particularly on farmers and workers at sewage treatment
plants. These studies have been reviewed and summarized b y Epstein
stein
(1994). Only recently have studies and risk assessments been performed
for compost facilities, and much of this work has been done for mixed
municipal solid waste composters and not yard waste.
Since the A. fumi atus spores are .small, they can be inhaled by
humans. Inaeea, this i s cited as the principal route of exposure. A
report prepared by the California Integrated Waste Management Board
lists four "disease entities" for A. fumigatus:
• Extrinsic (Allergic) Asthma
• Allergic bronchopulmonary aspergillosis (ABPA)
• Hypersensivity pneumonitis (HP)
• Invasive aspergillosis (IA)
In the report, the California Integrated Waste Management Board notes
that a literature review showed only two cases of illness possibly
linked to a commercial composting facility. Serious illness or deaths
from.aspergillosis in patients without any �� i predisposin g conditions are
_quite rare. Epstein (1994) noted that t is very clear from the
review .of the medical literature that the reported cases of
as r it p
p g losis and other diseases and symptoms related to Aspergillus
fumigatus have occurred essentially in hospital patient Of the
hundreds of reported cases in the medical literature, only two
implicated gardening and compostin ." A stud completed in 1993 b the
g Y � p Y
New York Department of Health did not find an association between
elevated levels of A. fumi atus spores in a neighborhood and allergic
--r g
or asthmatic responses .�A ergi.c responses were associated with
ragweed pollen, ozone, temperature and time since the start of the
study period. It noted the need for further stud however, and
suggested Y � �
some cautions.
Occurrence of A. fumigatus at ost sites
The air in and around the Maplewood yard waste site has not been
sampled for A. fumi atus. Two other yard waste sites in Minnesota have
had air s ampl Ing : a site in Minneapol and a site in Anoka County
Air sampling in New York has been done as part of a health study
around a 40 acre yard waste site in Islip, N.Y. Specif is information
about these tests can be found in the references. In sum, the New York
study found that levels o f A . fum g atus and other fungi were found to
be elevated at a statisticaTly�s level above background
levels at the
e compost site, and were elevated in a neighboring
residential area but not a a i level. Grab samples b the
. Y
MPCA at the yard waste site n Anoka County showed that spore levels
disperse rapidly, even under windy conditions.
In his literature review Epstein noted that "at 250 to 500 feet, A.
fumi atus spore levels are usually at background levels." He also
note "F' separation of facilities from residences or commercial
enterprises by a wooded area reduces dust and bioaerosol dispersion.
Operational issues related to A. fumi atus
Various references suggest that yard waste sites can incorporate
mitigative measures to reduce the risk of health effects related to A.
fumigat us . Many of these measures are aimed at workers at large
commercial facilities, but they can apply to neighboring residents as
well.
The New York report recommends that compost facilities not be sited
close to hospitals or other health care facilities where extreme
precautions are being taken to prevent infection of severely
immuno- suppressed patients unless bioaerosol emissions can be
controlled. The study also recommends operational changes at the Islip
to minimize r
facilit
y spore release but does not specify those changes.
The California report stated that "a properly operated compost
facility with suitable moisture and pH levels, aeration, and or
turning and mixing, should not normally present - an elevated health
risk if the best management practices are followed." The report
includes a long list of best management practices, several of these
include the following:
• Siting - maintain a 300 foot buffer to the nearest
residence, school or hospital
• Place berms or windbreaks to change ambient wind direction
• Compact or pave surfaces for dust and runoff control
• Blend and mix windrows regularly
• Maintain optimum moisture at 50 - 60%
Maintain temperatures at appropriate levels
Use water sprays to control dust and spores
Conclusion
A. fumi atus is ubiquitous, and humans are exposed to it in many
normal activities . The fungus is an important part of the composting
process, and grown during certain stages of composting. Spores are
released from yard waste windrows when they are disturbed, and are
dispersed to background levels at some .distance from the site. A.
fumi atus can cause adverse health effects in predisposed indiv"17uals,
but the scientific literature contains only two cases where gardening
or composting were ..implicated in illnesses. Despite this evidence,
experts in the field suggest that mitigation measures be taken to
reduce potential exposure to A. fumigatus and other bioaerosols.
References
State of New York Department of Health (1994). A Prospective Study of
V.
Health Symptoms -and Bioaerosol Levels Near a Yard Waste Ompostin
n
Fac i. i.t Y. Center for Environmental Health,, 2 University Place, Albany,
NY 12203-33999
Ault, S.K. and M.Schott. (1993). As er illus As er illosis and
Compostinq Operations in California. California Integrated Waste
Management Board*. Technical Bulletin No. 1. 8800 Cal Center Drive,
Sacramento, CA 958260
Epstien, E. (1994). Composting and bioaerosols. Biocycle 35(1):51 -580
Minnesota Pollution Control Agency. (1991). Com ost Health Risk
Assessment. A report to the Legislative Commission on Minnesota
Resources, prepared by Malcom Pirnie, Inc.520 Lafayette Road, Saint
Paul, MN 55155.
Benenson, A.S. ed. (1990). Control of Communicicable Diseases in Man.
American Public Health Association. Washington D.C. 15th Edition.
Planning Commission
Minutes of 4 -4 -94
Commissioner Krkridge seconded
-3-
Ayes Anitzberger, Axdahl, Fischer, Gerke,
Kittredge, Martin, gossbach, Sigmundik
The motion passed.
Commissioner Rossbach moved t Plar
Community Design Review hoard tha
whether or not the 40 -foot nett hic
property between the tee box and the
the golf balls.
04 Commission recommend to the
ey gather the necessary data to determine
ould be placed at the east end of the
.a % is of sufficient height to stop
Commissioner Maztif seconded
The mgti'on passed.
Ayes-- Anitzber Axdahl, Fischer, Gerke,
Kittredge, Martin, Rossbach, Sigmundik
B. Conditional Use Permit Review: Beam Avenue Compost Site (Section 3)
Secretary Olson presented the staff report. Chuck McGinley, 13701 30th Street Circle,
Stillwater, odor consultant, explained odor measurement and control. Mr. McGinley
said some City employees will be trained to measure odors. Secretary Olson said two
neighbors of the compost site, Mrs. Luxem at 1390 Kohlman and Mrs. Zrust at 1376
Kohlman, asked him to inform the Commission that the are in favor of the compost
Y P
site.
Zack Hansen, Ramsey County Department of Health, said an inspection was done at
the site after Maplewood forwarded them the odor complaint of January 20, but no
odors were detected. Mr. Hansen said it will helpful in the future to have the City of
Maplewood assisting with inspection of the site, in order to have an immediate
response to a complaint.
Chairperson Axdahl asked for comments from the audience. Mr. Ralph Sletten and
Beth Sletten, 2747 North Clarence Street, spoke against the site. Margaret Berens,
property owner next to 1389 Kohlman, spoke against the site.
Mr. Hansen addressed the neighbors' concerns. He said he would further review these
concerns stated by these neighbors and address them when this item is reviewed by
the City Council.
Commissioner Kittridge moved the Planning Commission recommend approval of the
resolution which revises the permit conditions as follows (additions are underlined
and deletions are crossed out)
Planning Commission -4-
Minutes of 4 -4 -94
1. The site may be open to the public between March 24 and December 6 of each
year.
2. The site may be open to the public between the hours of 9:00 a.m. and 8 :00
p.m.
3. The County .shall provide at least one monitor at the site for all hours that it is
open to the public. If the City or County determines there is a need for more site
monitoring, the County shall assure that the site has adequate monitoring.
4. The Site shall accept only the following materials: wood chips, garden waste,
lawn cuttings, weeds, prunings of soft bodied plants, leaves along with materials
like pine cones, fruit and small twigs that people pick up with their yard waste.
5. The City prohibits the dumping or storing of the following materials: ° ,
brush, branches, garbage or refuse ei, tbj e Site
6. The County shall have the grass clippings removed from the site at least three
times a week (Mondays Thursdays, and Saturdays) or other days if necessary to
help prevent objectionable odors ac. ef:tea as „e^oS.Sa=r t nrei;ent „a „r�
. %.0 .
7. The City Council shall review this permit at the end of 1994 ffi.
8. The County shall manaze the compost site to minimize the amount of
objectionable odors. Management procedures shall include the following:
a. Procure, maintain and use wind direction and speed monitoring equipment
at the site. The Countyshall provide this equipment so it is accessible to the
Cily s
b. Record wind speed and direction every two hour during pile turni"m and the
haul -out of materials.
c. During April through Octob turn the piles of materials only when the
wind is blowing from the southeast, south or southwest and at least five
miles per hour. During November through March, the wind must be calm or
from the east, south or west. The piles shall only be turned between the
hours of 8 :00 a.m. and 4:00 p.m. on Monday through Friday.
d. Keep a written record of:
The times of pile turning and the haul -out of materials
Compost _pile temperatures
A description of the compost quality
The initial date and a of the compost piles
Planning Commission -5-
Minutes of 4 -4 -94
9 . The Community Development Department shall handle odor complaints during
regglar business hours and the iDolice de artment shall handle odor comp laints
after - rezular hours. The ins ector shall vedfy and measure whether there is an
odor that violates the odor standards of this ermit. To determine if there is a
violation of this permit, the inspector shall follow the procedures in Attachment
A of this permit. A violation of this permit shall occur when the inspector has
recorded ten sniffinys of the ambient air over a period of thirty minutes with a
geometric average DIRS of (a) 3.4 or greater if the property at which the testing
is being conducted contains a 1p ermanent residence orb 4.0 or ereater if the
property at which the testing is beinz conducted does not contain a permanent
residence. (See Attachment B of this permit for a description of the odor scale_)
If there is a violation the ins Rector shall investigate to establish the source of the
odor. The Cijy shall notify the Countv of the violation. The Cog= shall advise
the City of the reason for the problem and correct it to meet the standards of this
permit. The County or site operator shall cooperate with the City or its
representative re ardinz such mvestizations.
10. The County shall deposit with the City an escrow deposit of $5,2 on or before
Mgy 1 199 Thereafter on or before January 1 of each year the Cou= shall
deposit with the Cijy an escrow delposit of $ The Cily shall use this de osit
to:
a. Pay for Citv staff time or the costs to hire a third party to vefft and
measure odors, following complaints, received b the City.
b. Train City staff persons and others for wind and odor monitoring.
c. I!av for an odor consultant to assist in,preparin this permit or future
revisions to this permit.
At the end of each calendar year, the City shall refund to the Coun , an, of f the
deposit not used by the City. If needed the County shall pay for any consulrin�
costs above the escrow deposit that the City needs to reevaluate this permit
11 The site operator shall use water to suppress dust from the comp= =Wles, as
necessary.
12. Phalen Chain -of -Lakes Watershed Steering Committee's technical staff shall
review leeching of water issues and concerns on the site.
13. County shall monitor and remove nonapproved items from the site.
Planning Commission
Minutes of 4 -4 -94
Commissioner Martin seconded
The motion passed.
VI. UNFINISHED BUSINESS
A. Commercial Prdperty Study
02
Ayes-- Axdahl, Fischer, Gerke, Kittridge, Martin,
Rossbach, Sigmundik
Nays-- Anitzberger
The Commission s reviewed their list of potentially /objectionable uses by zoning
district. They disc ssed various uses of motor vesales and the City attorneys
opinion on restricti g gun shops in the .City. T Conunission felt that 350 feet may
not be enough of a tback requirement for 'ports. They asked staff to research the
FAA and other cities at have a heliport a d what their setback requirements are.
The Commission decid at the next me ing they will compile a list of
recommendations for th City Council review on suggested changes.
VII. VISITOR PRESENTATIONS
There were no visitor presentati
VIII. COMMISSION PRESENTATIO
A. March 28 Council Meet* g: Staff \e, orted on this meeting.
B. Representative for t e April 11 Ccil Meeting: No planning items
C. Staff reported o* one application for the Planning Commission vacancy has been
e o e . e °
received. The mmission directed sta to advertise the two vacancies again.
IX. STAFF PRESENTATIONS
There were Rd staff presentations.
X. ADJOURNMENT
Meeting adjourned at 9:45 p.m.
MEMORANDUM
To:
City Manager
FROM:
Ken Roberts, Associate Planner
SUBJECT:
Budd Kolby Fourth Addition
LOCATION:
Crestview Drive, north of Timber Avenue
DATE:
May 4, 1994
Ii+ITFiODUCTION
,A,ot..on. by Council .1
Inndorse
Modifie
Rej eoted
}d Dat
Ken Gervais, of Image Development Company, is requesting that the City approve Code
variations and revisions to an approved preliminary lat. The plat would be called the
PP P �'y P P
Budd Kolby Fourth Addition. (See the maps on pages 9 -11.) This plat would create
fourteen lots for houses. The plat would include a 2.3 -acre outlot for and and a
_ P
small outlot between the streets.
The proposed plat change is for the street design. The proposed street would be 24 -feet-
wide, looping around a center island and one-way. This street would be in a 50 -foot-
wide right -of -way with a landscaped area in the middle. The standard City street is 32
feet .wide in a 60- foot -wide right -of -way
Mr. Gervais is requesting this change to lessen grading and to save trees on the site. He
believes the narrower looping street will need less grading than the standard 32 -foot-
wide street with a cul -de -sac bulb. His company is preparing to develop the site. Access
to this plat is dependent on the development of the property to the south (Amber Hills).
BACKGROUND
On March 9, 1987, the City Council approved the Budd Kolby Second Addition
preliminary plat, subject to eleven conditions. The Council also approved a variance to
allow a cul -de -sac Worland Road /Dorland Avenue) to be longer than 1 000 feet.
g � ( See
the plat on page 12.)
On November 9, 1987, the Council approved the final plat for the first phase of the plat
(Budd Kolby Second Addition). (See the map on page 10.)
On March 28, 1988, the City Council approved the final plat for the Budd Kolby Third
Addition. (See the map on page 10.)
DISCUSSION
Cul- de-sac Length
The Council is considering the design of the Amber Hills plat to the south. The
developer is proposing to drop Timber Avenue between Crestview Drive and the west
property line. He is proposing to extend Crestview Drive to Schaller Drive. This would
make the length of Crestview Drive 1,080 from Schaller Drive to the north end. The
Code limits the length of cul -de -sacs to 1,000 feet unless there is other practical option.
Reduced Strooet Wi dths
Section 29 -52 of the City Code requires that local streets be 32 feet -in width (gutter to
gutter) . The Code states that the City Council may permit variations from this
requirement in specific cases that do not effect the p� r. eneral purposes of this section. M
g
Gervais wants to build 24- foot -wide streets in this plat. Section 30-8(b)(1) requires a
minimum right -of -way width of 60 feet. The developer is proposing 50 feet.
The City Engineer and the Public Safety Director are for these Code variations if the
street is one -way and if it has no parking on one side. The City has approved three
other plats with narrower streets. (See the reference section on pages 7 and 8.)
Island Cul-de -sac Design
Rather than grading the cul -de -sac to one level, one side would be higher than the
other. This would reduce the grading and tree loss on the site. In 1987 the Council
approved Crestview Drive and Dahl Road to the north as cul -de -sacs. The Council did
not require that Mr. Gervais make a throu h street. The Council felt that it was more
g
important to save trees. Mr. Gervais's current p p ro osal is consistent with the Council's
goal.
There is precedent by the City for approving narrower streets and cul - de - sacs with
center islands In 1992 the Council approved the Countryview Summit preliminary plat
with three cul -de -sacs with center islands. (See the preliminary plat on page 13.) The
Council required that the Community Design Review Board approve the landscap p g of
the cul -de -sacs. After the City approved the center island plan, the developer decided to
build standard cul -de -sacs.
The island area in the middle of the cul -de -sac would be an outlot owned by the
surrounding property owners. Each of the lot owners would have a 1/14 undivided
interest in the outlot. This would revent the outlot from becoming tax - forfeited or
p g
unmaintained.
2
The Plat
Staff is recommending changes to the preliminary plat conditions. These changes reflect
current policies and requirements and would not effect the basic design.
RECOMMENDATIONS
A. Approve a cul - - sac that is 1,080 feet in length.*
B. Adopt the resolution page 14. This resolution approves a Code variation for 24-
foot -wide streets and a fifty- foot -wide n* ht -of -wa in the Budd Kolb Fourth
g Y Y
Addition. Approval is subject to no parking on one side of the street and the
developer paying the City or the cost of one-way and no-parking signs,
tY Y p g
C. Approve aone -year time extension for the Buddy Kolby Fourth Addition
preliminary plat (received by the City on March 21, 1994). This time extension is
.subject to the March 9, 1987 conditions, revised as follows: (I have underlined the
additions and crossed out the deletions.)
. ee %W &up
The Citv shall not aipprove. a final - o
lat for this p r'ect until:
a. The City has signed construction contracts for Sterling Street and Schaller
Drive.
b. Crestview Drive has been constructed to the south property line of this
C. The City has approved a final _plat for the property to the south.
(Note: The developer completed this condition with the Second Addition.)
2 - S. A recordable quit -claim deed (s) shall be submitted to the „ C fty to transfer
ownership to the City for Outlot A. Outlntiz A nud C
.
3
mcc
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1 Z6
A. R=Mr-
•
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A to
th •
(Note: This was with the First
Addition.
3. The - Citv En ' eer must a rove final constructio '
n and en eenn fans.
These laps shall include .the gradin& utirim drai '
na a erosion control tree
and street Dlans. These DI aps shall meet the folio ' ' •
wing conditions.
a. The erosion control Tans shall be •
consistent the Ramsey Soil and
Water Conservation District Erosion and Sediment Control handbook.
b. TThL ad ng Wan shall:
,(,1.) Include ro osed buildinR Dad elevation and c '
contour uzformat2on for
each home site.
. Include contour information for the area that •
the street construction
will disturb. .
Illustrate hotisi - stvles that reduce the adi
�' n R on sites, where the
develoyer can save trees.
(Note: The developer completed this condition with the 2nd Addition.)
hall he-sliazan ta= 0:2 ClAa ME S:160 c+--%== ewer
a idietiemiiieJ Lxr- tue ral'tu rL=rw
(Note: The developer completed this condition with the 3rd Addition.)
(Note: The developer completed this condition with the 3rd Addition.)
�-�- �- � :
4. Sign an agreement with the Citythat arantees that the developer will:
a. C_ omplete all uading,_mblic improvements and meet all City
requirements.
b. Pay the City for the cost of traffic- control and street identification sins.
This shall include the installation of one -way and no- narking sis ns .-..r on one
�rr�i.r�r,•...n.r_�r—�
side of Crestview Drive.
C. Provide all necessM easements,
d. Install permanent suns around the edge of he kainage. easement on the
west side of the plat and the wetland buffer zone easement around the
outlot A 1pond. These signs shall mark the edge of the easements and state
that there shall be no mowing,, vegetation cutting filling or dumb"
•
5. The final plat shall have drainage and utility easements along all uroperty
lines. These easements shall be ten feet wide along the front and rear ro e
lines and five feet wide along the side property lines.
6. The developer shall complete all grading for ,public improvements.
Additionally the developer shall complete the gr ding, for the overalls to
drainage. The City Engineer shall include in the develope_r's agreement any
adin that the developer or contractor has not completed before final
approval.
7. Show the area between the street ri ,aht —of- -ways (the, center lands aped_are
as Outlot B.
8 The Community Design Review Board must approve a landscaping elan for
Outlot B.
9 The develo er .shall submit deed restrictions .or covenants to the Qfty Staff for
their a royal. These are to be about the. own -i•sh and maintenance of
Outlot B. The deed restrictions or covenants shall reguire owner
in the 1plat to own a . one - fourteenth undivided interest. of Outlot B. The
develo er shall record the deed restrictions or covenants with the final Dlat
once the I City staff approv, es them, .,_
11 Delineate the wetlands and show them on the plat, as approved by the
Watershed District. Give the City a wetland buffer zone easement that is
rrrl.�r
twenty feet from the wetland boundaries. This easement shall prohibit anX
buildin within twen ,fee of the wetland and any mowing, vegetation
cutting, filling or dumpinjz. within ten feet of the wetland.
If the developer decides to final ,plat part of tr_fl preliminary plat, the City may
rrrirr7 „�.�� r_
waive any conditions that do not app. y to the final plat.
go /b- 7:memo84g.mem (13 -28)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Proposed Budd Kolby Fourth Addition Preliminary Plat
4. Approved Budd Kolby Preliminary Plat
5. Countryview Summit preliminary plat
6. Code Variation Resolution
7. Project Plans (separate attachment)
REFERENCE
Site Description
Outlot E = 1.81 acres
Outlot F = 10.84 acres
Total = 12.65 acres
Surrounding Land Uses
North: Houses on Dahl Avenue and Linwood Court
East: Undeveloped property planned for single dwellings
South: Proposed Amber Hills development
West: Wetland in Outlot A
PAST ACTIONS
Highwood Meadows /Amber Hills Development
On March 25, 1991, the City Council approved the Highwood Meadows preliminary
plat, subject to eleven conditions. The Council also vacated an easement and changed
the zoning map.
On March 23, 1992, the Council approved a one -year time extension for the Highwood
Meadows preliminary plat.
On January 25, 1993, the City Council dropped one condition for the plat approval
(about requiring City contracts for the construction of Sterling Street and Schaller
Avenue). The Council also approved aone -year time extension for the preliminary plat.
CountrWew Summit
On April 13, 1992, the City Council approved the preliminary plat for Countryview
Summit. As proposed, the plat was to have three teardrop shaped cul -de -sacs with
landscaped center islands. (See the preliminary plat on page 13.) The developer that
built the project decided to build standard City cul -de -sacs instead of the teardrop style
with the islands.
Street Wi dth Variations
On February 8, 1993, the City Council approved the Oak Ridge Estates preliminary plat
and a code variation for 28- foot -wide streets.
7
.On March 22, 1993, the Council approved the Maple Woods Estates Second Addition
preliminary plat and a code variation for 28- foot -wide streets.
On September 27, 1993, the Council approved a one -year time extension for the Beth
Heights preliminary plat and a code variation for 28- foot -wide streets.
PLANNING
Zoning: R -1 (single dwellings)
Land Use Plan Designation: R -1 s (single dwellin g)
Ordinance Requirements:
Section 29-52(a)(9) of the City Code requires that local residential streets be 32 feet in
width (gutter to gutter). The Code states that the City Council may pernut variations
from this requirement in specific cases that do not effect the general purposes of this
section.
City Code requires a street right -of -way width of 60 feet for local streets.
OPEN SPACE
On November 2, 1993, the citizens approved a $5 million bond issue for open space.
On February 14, 1994, the Council authorized staff to negotiate with Ken Gervais to
buy his property for open space. Mr. Gervais owns Outlots E, F and G of the Budd
Kolby Addition. The open space committee ranked this site first on their list. Mr.
Gervais has told the City that he wants to develop his property and does not want to
sell it for open space.
8
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PRELIMINARY PLAT
BUDD KOLBY ADDITION
PROPOSED BUDD KOLBY 4TH ADDITION
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PROPOSED AMBER HILLS P
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Budd Kolby•Second Addition
SITE
(APPROVED IN 1987)
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Attachment 6
CODE VARIATION RESOLUTION
WHEREAS, Image Development requested variations from the City Code.
WHEREAS, these code variations apply to the Budd Kolby Fourth Addition that is
west of Sterling Street and north of Timber Avenue.
WHEREAS, the legal description for this property is:
Outlots E and F, Budd Kolby 2nd Addition in Section 13, Township 28, Range 22.
WHEREAS, Section 29- 52(a)(9) of the Maplewood Code of Ordinances requires that
local residenrial streets shall be 32 feet in width, measured between curb faces.
WHEREAS, Image Development is proposing 24- foot -wide streets.
WHEREAS, this requires a variation eight feet.
WHEREAS, City Code requires a sixty- foot -wide right -of -way for a local street and the
developer is proposing fifty-foot-wide right-of-ways,
ftY s. g Y
WHEREAS, the history of this variation is as follows:
On May 9, 1994, the City Council held a public hearing. The City staff published a
notice in the Maplewood Review and sent notices to the surrounding oe
g p p rtY owners.
The Council gave everyone a p t the hearing a chance to speak and resent written
statements. The Council considered public testimony and reports from the City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variations. Approval is subject to no parking on one side of the street and the
developer paying the City for the cost of one -way and no- parking signs.
Adopted by the City Council on May 1994.
14
2 -/
Action by Counoill
s -
MEMORANDUMa
R'
TO: City Manager b
FROM. Ken Roberts, Associate Planner `.
SUBJECT: Preliminary Plat —Time Extension and Revision of Conditions
LOCATION: Schaller Drive and Ster ling Street
PROJECT: Amber Hills
DATE: May 4, 1994
CONTENTS
INTRODUCTION 1
BACKGROUND 2
DISCUSSION 3
Open Space 3
Wetlands 3
Double- Fronting Lot 3
Timber A ,
Outlot A and the School District Property 5
RECOMMENDATION 5
REFERENCE 11
Sterling Street/Schaller Drive. Project 11
INTRODUCTION
Bill Dolan is requesting a time extension for the Amber Hills (formerly Highwood
Meadows) preliminary plat. Mr. Dolan represents Gold Key Development, Inc. Gold Key
Development, Inc. recently bought this property. The plat would be north of Highwood
Avenue between O' Day Street and Lakewood Drive. (See the location and property
line maps on pages 12 and 13.)
The developer submitted a preliminary plat on February 23, 1994. (See the plat on
page 14.) This plat would create 74 lots and an outlot. The developer also plans to
develop the properties to the north and northeast of this plat. The preliminary plat
shows the land to the north of the Amber Hills plat. The developer is only requesting
that the City approve the Amber Hills plat now
On April 25, 1994, the City Council tabled the February 23 plan until May 9, 1994. The
Council wanted further study on two problems:
I. Should the developer connect Timber Avenue and Schaller Drive?
2. Where should the access to Outlot A (south of Schaller Drive) be?
On April 27, 1994, the developer submitted a revised plan for Crestview Drive and a
s concerns etter. The new plan and letter are a response to Council'. (See the new plan
P
on page 16 and the letter on page 17)
Mr. Dolan is asking the City to approve changes to the .previously approved preliminary
plat. (See the approved Highwood Meadows preliminary plat on page 15, the proposed
Amber Hills preliminary plat on page 14 and the Crestview Drive revision on page 16.
The changes would:
1. Drop lots. The February 23 plan would drop eleven lots. I cannot tell from the
April 27 plan how many lots the developer has dropped. (The developer will use
the outlot to create four more lots when he plats the property to the north.)
2. Extend Valley View Court to the west property line if there is legal access to the
School District property or if the developer buys the site. (The School District
property is west of Valley View Court.)
3. Replace Bird Song Lane with a southerly extension of Crestview Drive.
4. Omit Timber Avenue between Crestview Drive and the west property line.
5. Shorten the Timber Avenue and Deepwoods Court cul -de -sacs.
6. Replace the part of Wildflower Lane that was east of Sterling Street with a new
Matterhorn Drive along the north property line. The developers would include
Matterhorn Drive when they plat the property to the north.
BACKGROUND
On March 25, 1991, the City Council approved the Highwood Meadows preliminary
plat, vacated an easement and changed the zoning map.
On March 23, 1992, the Council approved a one -year time extension.
2
On January 25, 1993 the City Council dropped a plat condition. This condition required
City contracts for the construction of Sterling Street and Schaller Avenue. The Council
also approved a one -year time extension for the preliminary plat.
On September 13, 1993, the City Council denied a request to narrow the local streets.
DISCUSSION
Open Space
The Cit r's open space co *tree ranked this site 12 out of 66 sites for open space
acquisition. The Committee recommended that the City buy this site. The City Attorney
has advised us that we cannot allow plans for open space purchase to affect the City's
plat review decisions.
Wetlands
Since the City approved this preliminary plat, the State and Watershed District have
adopted stricter wetland rules. There may be a wetland at the northeast corner of
Sterling Street and Schaller Drive and between Amber and Deepwoods Courts. The City
should require that the developer have a trained wetland delineator determine if these
low lands are wetlands. If there are wetlands, the developer may have to revise the plat
to accommodate the wetlands.
Double- Fronting Lot
Lot 19 fronts on Highwood Avenue and Valley mew Court. Section 30 -8 of City Code
states that "Double- frontage lots shall not be pernutted, except where topographic or
other conditions render subdividing otherwise unreasonable. Such double- frontage lots
shall have an additional depth of at least twenty feet in order to allow space for a
protective plant- screen along the back lot line." Lot 19 has the extra depth. The double
fronting lot is reasonable considering the topography —a drainage channel along
Highwood Avenue.
Timber Avenue, Crestview Drive and Schaller Drive Design
There are three options for the Timber Avenue, Crestview Drive and Schaller Drive
design:
1. Do not connect Schaller Drive and Timber Avenue, but connect Timber Avenue to
Lakewood Drive. This was the developer's February 23, 1994 plan. (See page 14.)
2. Connect Schaller Drive and Timber Avenue, and Timber Avenue to Lakewood
Drive. This was the plan on the Highwood Meadows plat. (See page 15.)
3
3. Connect Schaller Drive and Timber Avenue, but do not connect Timber Avenue to
Lakewood Drive. This is the developer's latest proposal. He would extend
Crestview Drive to Schaller Drive. (See the a lan on e 16.)
P page
Option 1:
Option 1 has two problems. The Crestview Drive cul -de -sac on the property to the north
(Budd Kolby 4th Addition) would be over 1,3.00 feet from an intersection with two
means of access. The Council would have to require that Mr. Gervais shorten his cul -de-
sac so that Crestview Drive will not exceed 1,000 feet or the City would have to
approve a longer cup -de -sac. The second roblem is that several neighbors on Lakewood
P g
Drive complained about increased traffic.
Option 2:
The advantage of this option is that Lakewood Drive would have less traffic. There are
two disadvantages. The Crestview Drive cul -de -sac would be 1,300 feet long using the
Bird Song alignment (Highwood Meadows plan) or 1,080 feet if Crestview Drive were
connected to Schaller Drive. The second problem is that connecting Schaller Drive and
Timber Avenue would create grading problems.
Option 3:
Making the existing Timber Avenue cul -de -sac permanent would avoid adding more
traffic on Lakewood Drive. However, this change would create four problems:
g P
1. Crestview Drive would be 1,080 feet in length.
2. The cul -de -sac would be substandard. Since it is a temporary cul -de -sac, the right-
of-way diameter is 100 feet, the pavement diameter is 86 feet and there is no curb.
The Code requires a right -of -way diameter of 120 feet, and curb and gutter. while
there is no Code requirement, a permanent cul -de -sac diameter is usually 94 feet. If
the Council approves this option, they need to approve a Code variation for a
substandard cul -de -sac width and require that the developer overlay the pavement
and install curb and gutter.
3. The City does not have a permanent easement for the cul -de -sac bulb. This cul -de-
sac was built into the yards of 2360 and 2359 Timber Avenue. The City has only a
temporary easement for the cul -de -sac bulb. If the City decides to make this cul -de-
sac permanent, they should require that the developer get permanent easements
from the two abutting property owners.
4. The two abutting houses are too close to the pavement. The garage at 2359 Timber
Avenue is about 10 feet from the cul -de -sac easement. The garage at 2360 Timber
4
Avenue is about 18 feet away. The Code requires a minimum of 30 feet. Both
garages are about 22 -23 feet from the pavement. If the Council approves this
option, they should approve reduced setbacks for these two houses. I have talked to
both owners and they would prefer less traffic to getting their yards back.
Outlot A and the School District Property
The School District owns the property west of Valley mew Court. The School District
plans to sell this property. They planned to sell it to a private developer two years ago.
A neighbor objected to the School Board because the neighbor felt that this piece
should remain as open space. The School District decided to wait until the City decided
whether to buy this property for open space. The City's Open Space Committee ranked
the School District property 27 out of 66 sites and 8 out of 19 sites in the
neighborhood. They did not recommend that the City buy this site.
The best access to the school site and Outlot A is from Schaller Drive. The City should
require access from Schaller Drive unless the developer deeds these two lots to the City
for open space or combines them with the lots on the south side of Schaller Drive.
Because of the topography, the City engineer agrees with the developer's February 23
plan. This plan shows access to the School District property from Schaller Drive rather
than Valley View Court. The developer should move the stub street from Schaller Drive
to the east line of Outlot A. The stub street would serve the School District property
and Outlot A. Stubbing the street in the middle of Outlot A means that the School
District property cannot develop until Outlot A develops.
The developers are proposing to drop the stub street from Schaller Drive that would
provide access to Outlot A and the School District property. They are trying to buy both
properties. The developers will agree to have Valley View Road dead -end at the school
site. They want to go back to the current cul -de -sac plan if the school district proposal
is shown to have legal access to Highwood Avenue or if the developer purchases the
site. The problem with this proposal is that the school district site already has legal
access to Highwood Avenue. Their access, however, is not practical. The south part of
the school site is drainage easement. A street to Highwood Avenue would not line up
with Crestview Drive to the south. We prefer to limit street and drive accesses onto
major streets.
RECOMMENDATION
A. Approve a Code variation for a substandard cul -de -sac where Timber Avenue meets
the developer's west property line. The variation is because:
1. Building a larger cul -de -sac would further encroach into the yards and setbacks
of the existing homes.
5
2. The existing cul -de -sac is existing and has proven adequate for snow plowing
and access to the homes.
3. There are only two homes that have driveways off the cul - de - sac.
4. The fire marshal stated that the cul - de - sac is adequate for emergency vehicles.
B. Approve reduced building setbacks for 2360 and 2359 Timber Avenue. Approval is
because:
1. The setbacks are not affecting the p vacy of adjacent homes.
2. The homes are at the same setback as the adjacent homes.
3. The reduced setback is caused by changing a temporary cul -de -sac to a
p �
permanent setback.
C. Approve a one - year time extension for the Amber Hills preliminary plat (as shown
on page 14 of the May 4, 1994 staff report with the revision on p a g e 16.) The.
extension is subject to the January 25, 1993 conditions, revised as follows: (I have
underlined the additions and crossed out the deletions.)
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1. Sinn an agreement with the City that guarantees that the developer_ or
contractor will:
a. Complete , all aradinz public improvements and meet al City
requirements.
0
b. Place temD oran a safe
ty and si sat the Ua& limits.
c. Have NSP install street lights in six locations primarily at street
intersections. The exact . location and _. type of lights shall be subject to the
_. ��I�._.L�q_......�LY�..�..�1..�
City Engineer's approval.
d. Ray the Ciry for the cost of traffic- control . and street identification si gW O
This shall include the installation of no-parkinz signs alonz the west side
of Sterling, ,Street.
e. Construct an e .. ight- foot -wide paved walkway and fencing between Lots 5
_� 1 ......a.�.l � ��AA��.�
and 6 of the northerl Block 2 and Lots 22 and 23 Block 3. the develojper
shall build these trails with the streets.
f. .Provide all necessary asem nts.
g Install ermanent signg around the edge of anv wetland buffer easements.
These sins shall mark the edge I of the l easements and shall state there
shall be no mowing,, vezetation_tt ng, filling or dumping
h. Install survey monuments along any wetland boundary
0� -
i. Overlav the existing_ Timber Avenue c pavement and construct
concrete curb and gutter around the bulb.
2. Change the plat as follows:
a. Change the southerly Blocks One and Two to Blocks Five . and Six.
b. Add fnur- U) txAxia:nUx font- drainage and utility easements as reQUired
by the City_, Engineer. •
�1 1 L t Ott AT A I nf-n Q a= 4 a Q1 r�n1� 2 *.0 %-.L & &-JN.0 %A0 &.0 %� %.
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c. Dedicate a twenty- foot -wide walkway easement between Lots 5 and 6 of
the northerly Block 2,�an_d Lots 22 and 23 of . %and 8.3. Block 3,
G O ;+t, r1 an ; r� e c+ tom _ •�nn,,;ra n „ +�„� L � �.,. r
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d. Change the common rear properrty line of Lots 11 and 12 and 1 15
Block 3 so that it is strai ht This propeM line also shall meet the
common rear corner of Lots 18 and 19, Block 3.
I_ ■1 I�i�. Iw_■. ■�_Iw. r11 � ■■�II�Iw.l�l I_.r- Iw>•.�
e. Show Lots 28- .31, Block 3 as an outlot•
Change he ( following street_ names:
,�1 Z Valley View Court to Vallev View Avenue
Amber Court to Mamie Court
Deepwoods Court. to Timber Court
-- I�_I�r_L_I�... I..�I��■�I I I
9-. platted., If platted, label the new street stub that will be south of Schaller Drive as
I�i�1.1■■Ili I ■..Yr�l�.� I�_wl•II�.� I_IIr11- ■rte.■ ■I ■■�_I■■ww_
Crestview Drive,
h. Show a drainage easement over the wetland. The easement location shall
..■_•�_I Lr�r1■..._ Ir_.. �_ I_. �r■ r.._ Ir.._.. r_ r.._■■. � __r._.r.■�_rr_�.L..._I�rl_I.I��
be subi ect to the Cily Engineer's _approval,
3. Grant to the City aee temporary 100- foot - diameter cul -de -sac bulb
easements for Crestview Drive. The
City Engineer may drou this requirement if Sterlin Sty Beet is constructed north
of this plat with the Amber Hills project,
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4. Have the City Engineer approve final construction and engin__nng plans.
These Dlans shall include: Uadinz ut draina a erosion control tree and
street plans. These plans shall meet the following conditions:
a. The developer shall design the utilities to serve the properties to the east,
South and north as needed
b. The erosion control plans shall be consistent with the Ramsey _Soil . and
Water Conservation District Erosion and Sediment Control handbook.
c. The grading plan shall:
.�1 Include proposed building ad elevation and contour information for
each home site.
Include contour information for the area that the street construction
will disturb.
Illustrate housing s les that reduce the Uadinz on sites where the
developer can save larze trees.
5 Provide a tree plan for the City Engineer, s approval before trading or final
Wat approval. This plan shall ,show, where the developer will remove save or
replace large trees. This plan also must show the size and species of any trees
that the developer will lant as relDlacement trees. All trees that the develo er
will plant shall be at least 2 -1/2 inches in d iameter.
6• Move the
stub street that is south of Schaller Drive te so the new street will be centered
on the east line of outlot A of Valleyview Estates. The developer shall „revise
and renumber the lots accordingly. This street shall include ublic utilities. The
sanitary sewer stub shall have an elevation no higher _than The plans for
this change shall be subject to the approval of the Director of Community
Development and the Ci Englneer, The developer m2y drop this stub street, if
he bus outlot A and the School District �
roe and deeds them to the Ci
or combines them with the proposed lots on the south ,- side_of Schaller Drive.
7. Submit recordable deed restrictions to the City along with the recording fees.
These deed restrictions are to prohibit the construction of a dwelling or its
attachments within 100 feet of the William's Brothers pipeline. (This affects
all lots east, of Sterling Street. I ^* I , Rlnalc 4 �na T a tn , ..T�. I alt. ) The
developer shall also notify the purchasers of the pipeline location.
8. The final plat shall have drainage and utilily easements along all RroRe
lines. These easements shall be ten feet wide. along the front and .rear Rrolpe
lines and five feet wide along the side uropert„y lines.
9. The developer shall com lete all adin for iMprovements and overall
site drainage, exce t what the City does as art of the Sterlin Street Schaller
Drive ro'ect. The Ci En 'neer shall include in the develo Br's a Bement
aLiy that the develolper or contractor has not cow feted before final
plat approval.
10. Before final platting, the City must have si ed construction contracts for
Sterling Street and Schaller Drive the develo er must build these streets or the
developer must include these streets in the developer's a eement.
11. Determine if wetlands are on the site. Show and et_ land, boundaries on the
plat as delineated on the site. A trained and qualifiied Berson must delinea ; e
the wetlands. This person shall prepare .a wetland delineation _re„ uort_. The
developer shall submit this wetland information to the Watershed District
office. The Watershed District must apurovethis information. before the City
approves a final plat. If needed, the developer shall thane the plat to conform
to wetland regulations.
12. Give the City a wetland buffer easement over any lots that are next to a
wetland. This easement shall cover any land .within twenty, feet surrounding a
wetland. The easement shall prohibi_t a, ny bui_ng within twenty feet of the
wetland or any mowing, cutting, fillinz , or dg=m* g within ten feet of the
wetland or within the wetland itself.
13. Obtain a permit from the Ramsey-Washington Metro Watershed District for
an filling' _of the wetland.
14. Record with the County. permanent street and utility ,easements from the
owners of 2360 and 2359 Timber Avenue for the Timber Avenue cul-de-sac,
If the developer decides to final plat part of the _prey alyy plat, the City . may
waive any conditions that do not apply to the final plat.
10
REFERENCE
Sterling Street/Schaller Drive Project
Ori ginally, the Sterling Street /Schaller Drive project was to -build Sterling Street from
Hillwood Drive to Valley View Avenue, and Schaller Drive from Sterling Street to
Lakewood Drive. The City ordered this project in 1987. The school district delayed this
project because they could not decide whether to buy land from the former property
owner (James Kayser) for a new school. The street alignment depended on the -school
location. Eventually, the School District decided not to build a school. The project
ended because of the delay.
In September of 1991, the Council reordered this project. The City Engineer then
started negotiations with the Arovecs (2480,Linwood Avenue) and the Kaysers (251
Linwood Avenue) . The negotiations were to get right -of -way and easements for the
project. The City Engineer and these two property owners were unable to agree about
easements for Sterling Street, south of Linwood Avenue. So, the City decided to build
only the project north of Linwood Avenue. The contractor completed this ro'ect in
P i
1993.
In September of 1993, the City Engineer received a petition from the Arovecs and the
Kaysers. This petition asked the City to build Sterling Street and Schaller Avenue
between Linwood and Highwood Avenues. On October 11, 1993, the City Council
ordered the City Engineer to prepare a feasibility study for these streets. The feasibility
study was subject to the property owners giving the City Engineer easements for the
street rights -of -way. The City Engineer has received these easements.
go/b- 7:memo84b.mem (12-28),
Attachments:
1. Location Map
20 Property Line /Zoning Map
3. Proposed Amber Hills Preliminary Plat
4. Approved Highwood Meadows Preliminary Plat
5. Crestview Drive Revised Plan
6. Letter from Bill Dolan
11
• Attachment 1
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W4RKH0 USE
LONDIN LA. FF1 � Crestview
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AMBER HILLS PLAT SITE
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Attachment 3
FEB 2 3
BVI:C:KC SETBACK LIXE
30 FPC%1, A REA9 A SIDE S TR EE T
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MISS 07HERO/Sr NOTED
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PXZUWNARY PLAT
02MO►ER: ODY votnuWPOIT LTD.
LMWOOD AVENUE
V � 2 .... ... . .. ..
T306 N. 147th SL
Appk V400. NO $61*4
......
6b ..........
OWNER: MY L"V= PARWZRMnP
f/ 147&h St.
Ap VA", NN U124
........ .
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XNGMZER: NZADOWOOD XPOINZEUNG, INC-
* ....... ..
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am ago~ SL Nx
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AL AREA: ACRD GROW
TOTAL
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WORTH LDM OF ORXMAL MONWOOD MEADOW
q 9 X X.:
235.54 X *X
FEB 2 3
BVI:C:KC SETBACK LIXE
30 FPC%1, A REA9 A SIDE S TR EE T
IC YARD
MISS 07HERO/Sr NOTED
xCTE i-Ar, SETBACK LINES ON
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sun" sun." r N 00020'52" E
9 I 200.00'
BUDf #"'L BY SECOND ADD ► T ION
S 89*59'39' E 657-20'
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PRELIMINARY PLAT
IHIGHWOOD MEADOWS
APPROVED HIGHWOOD MEADOWS
PRELIMINARY PLAT
15
SC14ALLER
Revision of Timber and Crestview
April 28, 1994
16
%Of NN
MEADOWOOD ENGINEERING, INC.
Engineering Planning, Development
1521 E. Highway 13
Burnsville, MN 55337
Phone (612) 890 -1272
Fax (612) 890 -4861
28 Apr 1994
Mr, Ken Roberts
City of Maplewood
1830 E. County Rd. B
Maplewood, MN 55109
Re: Amber Hi Revision
Dear Ken:
Enclosed is an overlay of the Timber Ave. ,
Crestview des i !9n . This
alternate design leaves the existing Timber Ave.
cul
de sac
right where it is,
and connects Crestview south to Schaller so that
all
access
to the area i.e.
Amber 1st and Budd Kol by 4th, is off of Schaller
- the
main
east -west through
street.
This design allows construction to occur
up
on the
top of the hill
rather than the alternative of having to connect
to existing
Ti mber 12' to 15'
below, thus eliminating the banks I described on
the
alternate design of Bird
Song; i.e., connecting to existing Timber and then
having
Bird Song creates
the problem.
The Timber cu 1 de sac is then 610' and the Budd Ko 1 by is 1 Thou. h
the Budd Kolby is 50' over the 1 max' g
� maximum, , none of the traffic f � c � s d irected
ree t ed
through the existing dead -end Ti mber Ave., but directly to the through street
Schaller Drive. Also, the Budd Kol by street (Crestview) is a one way oo~
y p
street which will allow emergency vehicles an alternate route in or out and
ease of turning around, as well as ease of plowing. All in all I think this
plan answers most of the questions the council had.
In addition, we have closed the stub street to the south as we are
entering into a purchase of the Mi property and have made a proposal to
the school district,
17
We will agree to have Valley View Rd, dead -end at the school site in the
preliminary plat, with the stipulation that if the school district proposal is
shown to have legal access to Hi ghwood or if we should complete a purchase of
the site, we then be allowed to go back to the present cul de sac plan for
Valley View.
Should you have any questions about this, please advise.
Respectful 1 y,
William R. Dolan, c. E.
President
WRD:kd
io, ,\
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA
APRIL 18, 1994
I. CALL TO ORDER
Chairperson Axdahl called the meeting to order at 7 p.m.
II. ROLL CALL
Commissioner R ger Anitzberger
Commissioner Le ter Axdahl
Commissioner Lo aine Fischer
Commissioner ,Tack rost
Commissioner Gary erke
Commissioner Kevin 'ttridge
Commissioner Mary M rtin
Commissioner Gary Pea on
Commissioner William R sbac
Commissioner Marvin Si u dik
Present
Present
Presen
Pres t
Pr ent
esent
Present
Present
Present
Present
III. APPROVAL OF MINUTE
A. Commissioner Mavfin mo
approval of the minutes of April 4, 19940
Commissioner gmundik sec, ded Ayes -- Anitzberger, Axdahl, Fischer, Gerke,
Kittridge, Martin, Rossbach, Sigmundik .
Abstentions -- Frost, Pearson
The motion passed.
IV. APPROVAL OF AGENDA
issioner Martin moved approval of the agenda as submitted.
irssioner Fischer seconded Ayes - -all
The inotion passed.
V. NEW BUSINESS
A. Preliminary Plat Time Extension and Revisions (Amber Hills) (Section 12 -28)
Ken Roberts, Associate Planner, presented the staff report and answered
questions from the Commission. Bill Dolan, 1521 wa Hi h 13 Burnsville
Highway
spoke for the applicant. There were no comments from the public.
Planning Commission -2-
Minutes of 4 -18 -94
Commissioner Fischer moved the Planning Commission recommend approval of
a one -year time extension for the Amber Hills preliminary plat (as shown on
page 12 of the April 12 staff report) . The extension is subject to the January
25, 1993 conditions, revised as follows: (additions are underlined and
deletions are crossed out):
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1. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all Grading _public improvements and meet all City
0
requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
C. Have NSP install street lights in six locations, primarily at street
intersections. The exact location and We of lights shall be sub •ect to
the Cily Emneer's approval,
d. Pay the City for the cost of traffic- control and street identification
signs. This shall include the installation of no -p arking signs along the
west side of Sterling Street.
e. Construct an eight- foot -wide paved walkway and fencing between
Lots S and b Block 2 and Lots 22 and 23 Block 3. the develolp
shall build these trails with the streets.
f. Provide all necessaKy easements.
Planning Commission -3-
Minutes of 4 -18 -94
g Install permanent sins around the ed a of any wetland buffer
easements. These suns shall mark the edge of the easements and
shall state there shall be no mowing vegetation cuttinz filling or
dumping.
h. Install survey monuments lon an wetland boundary.
2. Change the plat as follows:
a. Change the southerly Block One and Two to Blocks Five and Six.
b. Add €a�tr -{�4� twenty- foot -wide drainage and utility easements in the
following locations:
(1) Between Lots 16 and 17 , Block 2
(2) Between Lots 22 -24 '=; -Ln, Block 3
(3) Between Lots 4 and 5 , Block 6
(4) Between Lots 19, 20 and 24 3 4 n= Q W, Block 7
c. Dedicate a twenty -foot -wide walkway easement between Lots 5 and 6
of the southerl Blo ck 22, and Lots 22 and 23 of A = .3.3t Block 3
acs to nr�3iira► yet ca 9 9
�s�v Vi< .L4 ri.i
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d. Add thi - foot -wide draina a and utilily easements in the followin
locations:
Between Lots 7,8 and 9, Block 3
Between Lots 14 and 15 of the southerly Block 2
Between Lots 4 and 5 and 16 and 17 of southerly Block 2
Between Lots_ 18 and 19, Block 2
e. Change the common rear property line of Lots 11 and 12 and 15 - 17,,
Block 3 so that it is straizht. This property line also shall meet the
common rear corner of Lots 18 and 19, Block 36
f. Show Lots 28 - 31, Block 3 as an outlot.
g Change the follow street names:
Valley View Court to Valley View Avenue
Amber Court to Mamie Court
Dee woods Court to Timber Court
Planning Commission -4-
Minutes of 4 -18 -94
h. Label the new street stub that will be south of Schaller Drive as
Crestview Drive-
i. Show a drainage easement over the wetland. The easement location
shall be subject to the Cily Emineer's approval.
3. Grant to the City a temporary 100- foot - diameter cul - - sac bulb
easements for t gU o r t T; ou r AT �amuo ,�� e+ ra ot n : n d Crestview Drive.
- -- - .- --
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4. Have the Cily Engineer approve final construction and „eng pl, ans.
These 1plans shall include: grading. uti*liiy draina a erosion control tree
and street plans. These plans shall meet the following conditions:
a. The developer shall design the utilities to serve the properties to the
east, south and north.
b. The erosion control plans shall be consistent with the Ramsey Soil
and water Conservation District Erosion and Sediment Control
handbook.
c. The gradinz plan shall:
(1) Include proposed building pad elevation and contour information
for each home site.
(2) Include contour information for the area that the street
construction will disturb.
(3,) Illustrate housingssMIes that reduce the grading on sites where
the developer can save large trees.
Planning Commission -5-
Minutes of 4 - 18 - 94
5. Provide a tree plan for the City Engineer's approval before zrading or
final plat approval. This plan shall show where the developer will
remove, save or replace large trees. This plan also must show the size
and species of an tre es that the developer will plant as replacement
trees. All trees that the developer will plant shall be at least 2 and one-
half inches in diameter.
6. Move
the stub street that is south of Schaller Drive to so the new street will
be centered on the east line of Dutlot A of Valleyview Estates. The
developer shall revise and renumber the lots accordingly. This street
shall include public utilities. The. sanitary sewer stub shall have an
elevation no higher than , 58. The plans for this change shall be subject
to the approval of the Director of Community Development and the City
En�neer.
7. Submit recordable deed restrictions to the City along with the recording
fees. These deed restrictions are to prohibit the construction of a
dwelling or its attachments within 100 feet of the William's Brothers
pipeline. (This affects all lots east of Sterling Street. Let 3 , Rl^^'c ^ -=Q
The developer shall also notify the purchasers of the
pipeline location.
8. The final plat shall have drainage and utility easements alona all
property lines. These easements shall be ten feet wide along he front
and rear property lines and five feet wide along the side property lines.
Q. The developer shall complete_ all zradinQ for vublic improvements and
overall site drainage, except what the City does as part of the Sterling
Street /Schaller Drive proiect. The City Engineer shall include in the
developer's agreement any trading that the developer or contractor has
not completed before final pl ap proval.
Planning Commission
Minutes of 4 -18 -94
rl
10. The developer may.,final plat the part of the project with Timber Avenue
and Crestview Drive only after the City has signed construction
contracts for Sterling Street and Schaller Drive,
11. Determine if wetlands are on the site. Show anv wetland boundaries on
the ylat as delineated on the site. A trained and qualified person must
delineate the wetlands. This person shall prepare a wetland delineation
report. The developer shall submit this wetland information to the
Watershed District office. The Watershed District must aipprove this
information before the Ci pproves a final plat. If needed, he
developer shall change the plat to conform to wetland regulations.
12. Give the City a wetland buffer easement over any lots that are next to a
wetland. This easement shall cover any land within twenty feet
surrounding a wetland. The easement shall prohibit anv building within
twenty feet of the wetland or any mowinz cutting, filling or dump* cr
within ten feet of the wetland or within the wetland itself.
13. obtain a permit from the Ramsey- Washington Metro Watershed District
for any filling of the wetland.
If the developer decides to final plat part of the preliminar ry plat, the City
mgy waive an conditions that do not ap - Dly to the final Wat.
Commissioner Pearson seconded
The motion passed.
Vi. UNFINISHED BUSINESS
A. Commercial Property Study
Ayes-- Anitzberger, Axdahl, Fischer, Frost,
Gerke, Kittredge, Martin, Pearson,
Rossbach, Sigmundik
The Commi ion reviewed the proble listed in the staff report. The
Commission \ea creenin g q projects to a required for commercial 'ects as a
buffer to resias. They uggested that plantings be required also,
instead of ress onl They agreed that requiring fencing alone in
these areas i re g q e. T ey felt plantin s should also be uired in order
for a develop t e screening rdinance. The discussed increasing the
g Y g
minimum setback for Palmum mmercial building from a residential property to at
least 75 feet with a of 100 feet.
Commissioner Fis er moved the Planning Commission approve the list of
potentially obje ionable uses by zoning districts as complete, with the
addition of ch k cashing businesses and helistops.
Commissioner Kittredge seconded
AGENDA NO. Too I
AGENDA REPORT CaUnGil
�,+�t�.cn by
"end o r e e d..- .....,.
TO: City Manager Mcdif fed
Raj Seted .�-
FROM: Finance Director
RE: Change in Ambulance Bill Collection Procedures
DATE: May 3, 1994
PROPOSAL
It is proposed that our ambulance bill collection procedures be modified to utilize Allied Medical
Accounts Control to provide the City's entire collection efforts, including court proceedings on
bills that are unpaid 90 days after the City's first billing.
BACKGROUND
The following procedures are used to bill and collect charges for ambulance service:
1. First bill: Ambulance charges are billed by the 10th of the month following the run date.
The first bill includes a notice that requests payment in full unless covered by Medicare
and /or Medical Assistance, in which case appropriate numbers and consent forms are
requested. This notice also recommends that individuals, not covered by Medicare and /or
Medical Assistance, file a private insurance claim at this time.
2. Second bill: If the bill remains unpaid 30 days after the first bill, a second bill is sent with
a notice that indicates payment has not been received. It instructs individuals with Medicare
that if they have received an explanation of benefits from Medicare they should file a
private insurance claim if they have supplemental insurance,
I Final bill: If the bill remains unpaid 60 days after the first bill, a final notice requests
payment In full within 30 days or the account will be referred to a collection agency and /or
Ramsey County Conciliation Court.
4. If the bill remains unpaid, it is sent to Allied Medical Accounts Control 90 days after the
first bill. Allied sends two letters. After 45 days, Allied calls us and asks for approval to
send the unpaid accounts on for full collection services and possible court proceedings.
The fourth step has been followed since March 1993. Prior to that, we used Commercial
Recovery Corporation (CRC) for the fourth step. They sent four letters at a cost of $6.20 per
account. If the bill remained unpaid, City staff sent a final .demand letter and then filed a claim
in conciliation court. In 1993 City staff discontinued filing claims in conciliation court because
the filing fee was increased to $20 per claim and the amount collected by the process was less
than the filing fees.
In an effort to increase collections and reduce costs, we switched to Allied Medical Accounts
Control in March, 1993. This firm specializes in medical bills. They send two letters at a cost
of $2.75 per account and then provide full collection services including phone calls and the filing
of insurance claims for patients. If necessary, they. will refer our accounts to a local law firm.
Full collection services cost 30% of the amount collected unless litigation is required. The cost
then is 50% of the amount collected. Details regarding the services provided by Allied are in
the attached letter.
After a year of utilizing Allied's letter - writing and full- service collection services, our costs have
decreased, our collections along with timeliness of payments have increased and the cost of staff
time involved in collections has decreased. Allied sent letters to 223 accounts and 23 % of these
were collected at a cost of $613. If these accounts had been sent to CRC, the collection rate
would have been about the same but the cost would have been $1,383. Allied made further
collection attempts on bills that remained unpaid after the letters were sent. They collected
16.7 % of these bills at a cost of $3,83 1. If these 359 accounts would have been sent to
conciliation court by the City, 5.7% would have been collected at a cost of $7,180 for court
filing fees. Also, costs would be incurred for many hours of staff time in preparation of court
filing documents and for attending court hearings. Our staff has given Allied the highest
compliments with regards to their results, flexibility, quick follow -up and being medical bill
specialists.
RECOMMENDATION
It is recommended that our collection procedures be modified to utilize Allied Medical Accounts
Control to provide the City's entire collection efforts, including court proceedings on bills that
are unpaid 90 days after the City's first billing. Patrick Lauermann representing Allied Medical
Accounts Control will be at the Council meeting to answer questions.
w: \agn \=bcoll
Attachments
April 1, 1994
a division of Associated Bureaus, Inc.
Allied Medical Accounts Control
Associated Bureaus Building • 1500 Commerce Drive • Mendota Heights, Minnesota 55120 -1025
Telephone: 688 -5100 • Toll Free 1- 800 - 735 -5444 • FAX (612) 688 -5440
Mr. Daniel F. Faust
Finance Director
CITY OF MAPLEWOOD AMBULANCE
1830 East County Road B
Maplewood, MN 55109
Dear Mr. Faust:
As discussed during our meeting on Thursday, March 24th, I have enclosed the following
information:
A letter from our Attorney, Peter Jirik, outlining his viewpoint on the use of
conciliation courts and property suits as a collection tool.
Collection Performance overview for 1993 and 1994 placements as of February
28, 1994 for the City of Maplewood Ambulance.
Collection Process Flowcharts by balance range. These flowcharts will indicate
the collection techniques used by Allied Medical Accounts Control to secure
maximized recoveries and minimized patient complaints.
Quality Analysis pie chart that includes the percentages of phone, no -phone and
skip accounts that City of Maplewood Ambulance turns to Allied Medical
Accounts Control for collection activity, as well as, how your placement
inventory compares to other local ambulance services. Remember, the higher
percent of phone accounts will result in higher recovery percentages. A higher
percent of no- phones and skip accounts will usually result in lower collection
percentages.
A graph from the American Collectors Association that indicates the collectibility
of delinquent accounts. The value of past due accounts declines with age, so
quick follow -up is necessary for higher returns.
Also, as we discussed, there are four (4) local city ambulance services we are currently working
with and that have utilized our services for at least one year or longer. We have attained
recovery percentages at 12 months ranging from a low of 18.7 % to a high of 21 % . These
Y ,.
Mr. Daniel Faust
City of Maplewood Ambulance
April 1, 1994
Page 2
percentages are calculated on gross dollars placed and collected. Please bare in mind the fact
that the overall gross recoveries for these clients will continue to grow from the above numbers
at 12 months to a range of approximately 22% to 28% recovery rate for a 24 month period.
I hope I have covered all the items we had discussed. If you have questions or require
additional information, please contact me at 688 -5113.
Allied Medical Accounts Control appreciates City of Ambulance's business and values you as
a client.
Sincerely,
A ICAL ACCOUNTS CONTROL
Patrick W. Lauermann
Executive Sales Associate
PWL /dgw
enclosures
cc: Mr. Rick Hangsleben, Assistant Finance Director
CITY OF MAPLEWOOD AMBULANCE SERVICE
mkt002 \pw1 \mp1wood. tb1
Goggins & Lavintman, P.A.
Attorneys At Law
1450 Commerce Drive
Mendota Heights, MN 55120
MICHAEL J. GOGGINS*
JOEL W. LAVINTMAN*
PETER M. JIRIK*
*Licensed to practice in Minnesota
March 29, 1994
Associated Bureaus, Inc.
ATTN: Mr. Patrick Lauermann
1500 Commerce Drive
Mendota Heights, MN 55120
RE: Conciliation Court and Property Suits
Dear Pat,
(612) 688 -5900
Fax (612) 688 -5920
WATS 1- 800 - 390 -6590
Pursuant to your request for information regarding our viewpoint on
the use of conciliation courts and the use of property suits as
collection tools, please consider the following:
1. Conciliation Courts:
It is possible to use the conciliation courts effectively as a
collection tool. In order to accomplish this we must meet certain
goals:
a) accounts must be pre - screened and only accounts with a
confirmed place of employment should be sued;
b) the prospective Defendant should not have any outstanding
tax liens, child support obligations, or unpaid
Judgments;
C) account balances should be $250.00 or more;
d) a high volume of accounts must be processed for each
calendar of the court. Unless we have 50 to 75
qualifying accounts on a regular repeated basis, we
cannot operate cost effectively;
e) the client must advance the court filing fees. These
range from $17.00 to $22.00 per at this time.
Conciliation court is a cumbersome court to use because it requires
personal appearances by us on all cases filed whether or not the
case goes by default. This means that we must designate an
employee or an attorney to spend the entire day in conciliation
court. We cannot do this on a cost effective basis unless that
person has a large volume of accounts on the court calendar for
that day, The time expended is not significantly different for two
case, as for fifty.
Page 2
Mr. Lauermann
March 29, 1994
We also find that many clients do not wish to advance the necessary
f i 1 ing fees . At an average of $20.00 per case, even if we were to
do a minimal volume of 50 cases per month, this would be an annual
outlay of $12,000.00. We are not in a position to cover this
expense for a client. Filing fees are recoverable from the
Judgment debtor if collection is successful.
Finally, the opportunity for a poor decision is greater in
conciliation court than in District Court. There is no opportunity
to conduct discovery and contested matters must be dealt with based
on whatever information is at hand, no matter what claims are
raised by the Defendants, Roughly 10% of conciliation court claims
are contested. In a contested case situation we will not
necessarily have the live witnesses necessary' to establish our
claim and thereby prevail.
2. Property Suits:
It is also possible to use property suits as an effective long -
range collection tool. Generally, a property suit is a lawsuit
initiated with little or no hope of present day collection
intended to place a lien against a person's property which must be
paid before clear title to the property can be transferred.
We look for the following criteria before initiating a property
suit:
a) that the debtor truly does own property;
b) that present liens do not exceed the value of the
property;
c) that the client advances all court costs; and
d) that the account balance exceeds $1,000.00, although we
have gone lower under the appropriate circumstances.
Both of the collection tools described above have positives and
negatives. Under the right circumstances, used correctly, both can
be effective collection tools.
If you have any questions, please feel free to contact me.
Sincerely,
GOGGINS & LAV NTMAN, P.A.
,n v
e r . Ji ik
Attorn at Law
PMJ:ss
f
� 'Ie.: e f'S f 5
l
COLLECTION PERFORMANCE OVERVIEW FOR 1993 & 1994 PLACEMENTS
FOR CITY OF MAPLEWOOD AMBULANCE - Client # 1486 -01
11
DATE
1 # OF
ACCTS
AMOUNT
PLACED
AVG.
BAL.
COLLECTIONS
TO DATE AS
OF 2/28/94
# OF
PIF
$
AMT.
OF PIF
RECOVERY
%
20.3%
26.2%
0
22.3%
5.1%
36.4%
0
16.3%
6.3%
0
0
COMMISSION
%
26%
28%
0
29%
19
22%
0
29%
29%
0
0
05/93
12
$3
$257
$630
3
$630
06/93
30
8,820
294
2
5
1
07/93
0
0
0
0
0
0
08/93
149
29
200
6
29
6
09/93
93
22
238
1,147
4
995
10/93
16
4
299
1
8
1
11/93
0
0
0
0
0
0
12/93
26
6
257
1
5
997
01/94
33
9
276
581
4
541
02/94
0
0
0
0
0
0
03/94
0
0
0 1
0
0
0
GRAND
TOTAL
359
$84
$235
$14
58
$12
16.7%
27%
NOTE: Recoveries were calculated by total dollars laced : total dollars collected. Client
lent
request closed, bankruptcies, skip, etc., are not backed out of placement totals. These
figures are gross to gross.
Also, these collection performance numbers will be lower due to the City of Maplewood
. y p
Ambulance does utilize our pre - collect letter program before placing ccounts to regular
collections
g �
Collection Process
Allied Medical Accounts Control employs a proven
collection technique consisting of structured
calls assessing the patient's financial situation
which stresses thorough account follow We
constantly conduct random call- quality audits to
reinforce our technique. The result: maximized
recoveries and minimized complaints.
At AMAC, our placement notice to the patient
contains more than the typical request for payment
in full. It solicits all pertinent information
and immediately requests the authorizations often
necessary to pursue medical collections.
When a phone number is provided, every effort is
made to contact the patient by phone. If a phone
number is not provided or if the number is deemed
invalid, skiptrace effort is initiated (see
Skiptrace Process (flowchart).
At AMAC, we emphasize reviewing the patients
financial situation and then discussing the
appropriate payment options. Collectors hours
include evenings and Saturdays.
If payment in full can not be made, a plan of
payment appropriate to the patient's current
situation is set. It is noted that the plan will
be periodically reviewed for possible upgrade
should the patient's financial situation
improve.
Supervisors review for further action those
accounts where neither payment in full nor a
reasonable payment plan is made. Possible
courses of action include: additional collection
notices, "Second- Voicing" (another collector
attempts contact on the account), pre-legal/legal
follow -up at the law firm of Goggins & Lavintman,
or close.
a division oenssoctaiea Bureaus, Inc
Allied Medical Accounts Control
Collection Process
Placement Balance Less Than $300
YES
Patient notified Phone accounts: Collection
by mail predictive dialed notices continue
account placed and contact made if no phone
with AMAC (else Skiptrace Process) contact is made
Accounts are worked by a group of collectors utilizing NO
Predictive Dialing. Collection notices are sent to the
patient until phone contact is established.
Payment in full is pursued. If the patients financial
situation warrants a payment arrangement, then one is
negotiated. Payment reminder notices are then sent to
decrease the chance of a broken commitment.
If no arrangement is made, the situation is evaluated by a
supervisor for three possible courses of action: additional
collection notices, pre—legal/legal followup at the law
firm of Goggins & Lavintman, or close.
Patient sent
reminder notice
7 -10 days prior to
each pay due date
Payment
arrangements
made with
patient?
Situation
evaluated
b
supervisor
Send additional
collection
notices to
patient
Prelegal /legal
followup by
the law firm of
Goggins & Lavintman
Close and return
account
to
client
a division of Associated Bureaus, Inc
Allied Medical Accounts Control
MUM
ayµ:
Collection Process
Placement Balance $300 &over YES
Patient notified Phone accounts: Collection
by mail Phone contact notices continue
account placed is established if no phone
with AMAC (else 5kiptrace Process) contact
Accounts are worked by a dedicated group of collectors who
specialize in larger balance accounts. Collection notices NO
continue to be sent until phone contact is established.
Payment in full is pursued. All possible third party money
sources are investigated. Our large balance collectors are
trained to work with attorneys, case workers and insurance
companies in addition to patients. Payment arrangements are
negotiated as warranted. Payment reminder notices are sent
to decrease the chance of a broken commitment.
If all attempts to negotiate suitable payment arrangements
are rebuffed by the guarantor, efforts are made to contact
the spouse, and vice versa.
If no arrangement for payment is made, the situation is then
reviewed by a supervisor who decides the appropriate course
of action: 'Second Voicing" (another collector attempts
contact on the account), pre — legal /legal followup at the
law firm of Goggins & Lavintman, or close.
Patient sent
reminder notice
7 -10 days prior to
each pay due date
Payment
arrangements
made with
patient?
Situation
evaluated
b
supervisor
Account
forwarded for
Insurance
billing
Patient. finances
reviewed every
3 -5 months for
posible upgrade
"Second Voice"
account
by another
collector
Prelegal /legal
followup by
the law firm of
Goggins & Lavintman
Close and return
account to
client
a division of Associated Bureaus, Inc
Allied Medical Accounts Control
Collection Process
Insurance Billing
Account placed with Insurance UB92 or HCFA
Insurance info information information complete
or info developed transmitted to and edited for
by collector CIS billing service corrections by CIS
Claims
transmitted
electronically to
Insurance company
CIS confirms the
Hospitals and Clinics complete an enrollment form to
participate in the Electronic Billing. Service which is
provided to Allied Medical Accounts Control by
CIS Technologies, Inc.
claim is received by
Insurance company
and notifies AMAC
AMAC follows up with
insurance company
to verify the client
receives payment
Accounts placed without insurance information are researched by collectors to
obtain the necessary information.
The insurance information is then transmitted to CIS billing service where the
UB92 or HCFA is completed and edited for corrections. CIS transmits the
claims electronically to the insurance company and receives confirmation of the
transmission. AMAC receives weekly confirmation of all transmissions and
follows up with the insurance company to verify the client receives payment.
a division of Associated Bureaus, Inc
Allied Medical Accounts Control
Skl*ptr ce Process
Allied Medical Accounts Control employs the most advanced technology and Successful
skiptracing tools available in a methodical, comprehensive skiptrace effort Patient referred
to Collector
No -Phone Data Transmission New data New numbers
account transmission returned in 24 hrs systematically � contacted
placed sent to 7 possible #'s entered onto through use of
Acxiom per patient accounts predictive dial Unsuccessful:
Er
Patient referred
to Dedicated
Skiptracer
Acxiom is a service of data processing and collection professionals that provides skiptracing
services to the collection industry. These services include using the information we provide to
correct zip codes, access National Change of Address information, and provide phone numbers for
same surname, same address, and nearbys.
Predictive Dialing is an automated dialing system which will dial numbers and direct calls to
individuals as contact is made, or continue to dial the number at varying times until contact is
established or the number is deemed invalid.
Dedicated Skiptracers work accounts where a number was not located in Acxiom. Their work
may include the use of Credit Bureau Reports where calls to other creditors are utilized to
establish debtor location. If appropriate, calls are made to public utilities, tax assessors,
voter registration and small businesses.
Acxiom and Predictive Dialing are routinely utilized for all no -phone accounts having balances of
$75 or more. If no number is found using those technologies, dedicated ski tracers are employed for
p
all accounts having balances of $300 or snore.
a division of Associated Bureaus, Inc
A Accounts Control
Legal Process
Legal action is a necessary step in the collection of some delinquent accounts. Allied Medical
Accounts Control can facilitate the forwarding of such delinquent accounts, where the flow is:
Patient notif[ed Calls to patient Suit Patient notified Patient notified District Court
account by law arm Authorization of filing of entry of commences
placed with representatives to client of suit judgment wage
law firm initiated for approval garnishment
If all collection efforts fail to attain payment in full, Allied Medical Accounts Control can
facilitate the commencement of legal activity. The law firm of Goggins & Lavintman specializes
in the area of debt collector litigation.
Accounts eligible for legal action are forwarded to the law arm in the event that all other
collection options have been exhausted without successful recovery of the full amount due.
The patient is sent written notification that the law arm is now handling the account. Legal
calling activity will ensue in an effort to determine arrangements on the account. If the letter
and calling activity does not secure arrangements and there is evidence of assets, suit is the next
step. You are notified the account is approaching this phase and your approval is required on a
suit authorization. The patient is provided with written notice suit is being filed and given two
weeks to respond before a court date is set.
When a judgment is entered, the patient is given 10 days to respond with payment prior to the
judgment becoming part of a permanent record of the court. If no arrangements are forthcoming,
wage garnishment is typically entered in District Court.
a division of Associated Bureaus, Inc
Allied Medical Accounts Control
CITY OF MAPLEWOOD AMBULANCE
QUALITY ANALYSIS
Percent Phone, No- phone, Skip
Rhone
77
No - Phone
72
Skip
141
Product 01
By number of accounts
M arch 1994
4
1�._.
14,601
Industry Average
I 'lo -rnone
2%207
ALLIED MEDICAL
ACCOUNTS CONTROL
Phone
57,016
Value of Past Due Accounts
- Declines With Age
Collectibility of Delinquent Accounts
E
a
0
a�
CD
as
�s
..J
E
0
c�
0
U)
$1
$0,09
$0v8
$0.7
$0.6
$0.5
$0.4
$0.3
$0.2
$0.1
$0
•,i s.
'3
■
■
7 2 3 6 9
Months Past Due
The graph above strates how
the value of overdue accounts
declines the older they get The
chief causes of this decline are
skips (debtors who move without
leaving a forwarding address),
changes in the debtor's relation-
ship to the creditor and business
costs.
12 24
months, creditors should realize
that their chances of recovering
the debt without professional help
are extremely slim. A third party
debt collector can carry a lot of
weight, and can help the creditor
get the most out of delinquent
accounts. (AMERICAN COLLEC-
TORS ASSOCIATION)
If an account has remained on
the books for three or more
AGENDA REPORT
TO: City Manager
OM. City Engineer
f{
r
SUBJECT: 1 -49
4 /Lake Road Interch
an
� ge
DATE: Ma 3, 1994
AGENDA ITEM
Action by Counoll
Endorsed...
Modifle
]ROJ ected,.,,,,,,
Dat
The City of Woodbury as requested quested formal approval for the 1-
a plan. Over 494 /Lake Road
interchan
g p er the last two there have av
neighborhood � e been a number of
nei
g meetings about the interchange. •
e g The attached letter identifies
g s that were made to resolve spec plan
chang cific issues.
One change that r •
g results in less impact to Maplewood '
p residents is the connection
point of Lake Road to Century Avenue. The current
of Linwood ent plan shows this connection no
Avenue.. Unlike the original la no rth
g p lan , this directs the new traffic from
interchange away from the . streets directly the
erectly in front of Maplewood res
A proposed resolution '
approving the project layout is attached for
r council action.
KG H
jc
Attachments
CTY OF O %
81994
APR ' ry 8301 Valley Creek Road Woodbury, Minnesota 55125- 3330
612/739 -5972 • TDD 612/731 -5796 • FAX 612/731 -5791
March 30, 1994
The Honorable Mayor Gary Bastian
City of Maplewood
1902 East County Road 8
Maplewood, MN 55109
Subject: Approval of I -494 Lake Road ad Interchange Plans
Dear Mayor Bastian:
The City of Woodbury hereby requests Y qu is that the plans for the I- 494 /Lake Road
Interchange project be. brought before the Maplewood City Council for
consideration and approval. The interchange lane 9 P have been forwarded to your
City staff for review. These
plans have been revised to address the issues
previously brought forth by the Maplewood City Council uncil and its residents.
On June 18, 1992, the interchange plans were resents
P d to the Maplewood City
Council for consideration and approval. At that time, the Maplewood Council
specifically asked that amenities such as landscaping, driveway turn - grounds,
and pathways be discussed with Maplewood residents. •
Two meetings were held with
Maplewood .residents on June 24
1992 and July 1, 1992 to discuss issues and those
amenities. As a direct result of those meetings, the plans were revised and
now represent a shift in the Lake Road alignment away from Maplewood residents,
The plans as now presented address the following issues,
• In the vicinity of Century Avenue Lake Road has been shifted northeast
to a more northerly connection of Lake Road with Century Avenue, north
of Linwood Avenue. However, this alignment has required the acquisition
of one Woodbury home and business and their relocation, (See the attached
two exhibits showing the previous and present alignments.)
• Landscaping and berming is bean provided g p f ded f n front of three Maplewood
homes (721, 743, and 751 Century Avenue South) immediately south of
Linwood Avenue in the
triangular area formed by Lake Road, existin
Century Avenue,. and Century Avenue south g
of Lake Road. (Again see the
attached sketch.)
• Traffic projections forecast a reduction of traffic on Century Avenue
south of Linwood Avenue. Traffic formerly utilizing Century Avenue south
of Linwood Avenue will now use Lake Road or if continuing south on
Century Avenue will slow to negotiate the Lake Road /Century Avenue south
intersection before continuing south. Ultimately, the traffic on Century
Avenue south of Lake Road is
projected to be the same with or without the
interchange construction. This is ro ect
e p j ed to occur 20 years after
completion of th
interchange. (Again, see the attached sketch.)
.The Honorable Mayor Gar Bastian
n
March 30, 1994
Page 2
• With the reduced traffic on Century venue
Y south of Linwood Avenue, both
Maplewood and Woodbury residents should find it easier to enter onto
Century Avenue and should not require driveway turn - grounds to do so.
• Wetland approvals required for this project have been obtained from the
Army Corps of Engineers, the Department of
Natural Resources, and the
Ramsey Washington Metro Watershed District.
With the interchange plans nearly complete, meetings with Ma
residents in the vicinity of the dbury
February 1, 1994. D were again held on January 1 and
Details of t p ro j ect plewood. and Woo
revised alignment and the Y
shared at these meetings,
landscaping were
I feel the City of Woodbury as addressed ddr.essed the major concerns raised b y
Maplewood City Council and residents about he
ut the I 494 /Lake Road Interchange. I
am asking in the spirit of. cooperation perati.on between the Cities of Maplewood and
Woodbury for your favorable consideration
and approval of the I- 494 /Lake Road
_Interchange plans as now presented. A
proposed resolution for Ma lewo
is enclosed. I and members of the Woo p od' s use
Woodbury City staff are .available to meet wit
You, and /or members of your Council should h
you wish to do so. A tentative
schedule for the interchange construction
is enclosed for your information.
In the meantime, if you have an •
y questions regarding this request, please contact
me directly.
If you or your staff have technical hnical questions, please contact David
Jessup, Public Works Director.
Sincerely,
d
Mayor William Hargis
/if
Enclosures
co Ken Haider
Woodbury City Council Members
Barry Johnson
David Jessup
LINWOOD o
AVENUE
0
Q t
NIGNWOOD AVE.
1
D �
b
o SFo
F o 0
CI
4 2,
_
c
�L
�9
♦ • 1 r '
1 �v.
•- O
o� -- o 0
BO 0
O
c ��� •: dr
f
T
a � �
=, s
i
COUR TLY ROAD ..
s O
0
0 00 .
0
y
Q
�o
00
SRF I LAKE ROAD / 1-494 INTERCHANGE ti c
OF WOODBURY
ACQUIRE RI - OF-WAY
AWARD CONTRACT
BEGIN CONSTRUCTION
CONSTRUCTION COMPLETED
RESTORATION COMPLETED
JULY 1994
JULY 1994
AUGUST 1994
NOVEMBER 19 9 5
JULY 1996
I
i
v
RE S 0LUTI0N
"
. •
FOR LAYOUT APPROVAL
•
At a meeting of the City Council of the City of Y Maplewood, held
on the day * of
1994 the following
llowing
•
Resolution was offered by
,.
seconded by.
to wit:
'
i : ,, -• •
WHEREAS, the City of Woodbury y has prepared a prel iminary layout
, :'
• : •• , ,
for the h of a art
improvement p of Trunk Highway Number 3 9 3 renumber
, ed as
••.;
•'�
Trunk Highway No. n the corporate limits •
494 within p wits of the City of Maplewood,
,
at Lake Road; and seeks the approval thereof, and
d
. •
WHEREAS said preliminary layouts are on file in the City of
Woodbury and in the Office of the Department
P of Trans Transportation, Saint Paul,
• . � : • . �
Minnesota, being ng marked, labeled, and identified as Layou y t No. 3 S.P. 8285-
�. #
' a
69 (494 =393) from 1.4 miles south of TH 120 t o TH 1200
,;•1
'• '+
NOW, THEN, BE IT RESOLVED that said preliminary layouts
Y Y s for the
'i
�, `'
improvement of said Trunk Hi ghway within
Y the corporate limits
••
'
be and he reby
are approved.
'
I
Upon the call of the roll the following Council Membe rs voted in
favor of the Resolution
':,• 1
•, +
The following Council members voted against •
g inst its adoption:
,
-
%
'
whereupon the Mayor and /or the Presiding officer
g declared the Resolution
adopted.
• ?
Dated
1994
•I
Mayor
:I
Attest
..
City Clerk
STATE OF MINNESOTA ) SS..
COUNTY OF RAMSEY
• ' • •
�
..
+
CITY OF MAPLEWOOD )
• 1 i)
1 ,t
1
I do hereby certify that at said meeting
g (of which due and legal
�
J.
notice was Y p
given) of the City of Maplewood, Minnesota, on the day o
Y f
at which 1994, a majority of the members •
rs of said
• : r� '`
Council were present, the foreg re
g g solution was adopted. Given under my
" i�
hand •
and seal this „,_ day of
19940
e
l
18 -9101 City Clerk
• t
•
I � �• •
i
C.
t
AGENDA ITEM
AGENDA REPORT
TO. City Manager
n by C oui.n(Al
1 do rsed..
FROM: City Engineer Modif ie
pe4eeted......
SUBJECT: Stop Sign Requests Date
DATE: May 2, 1994
In response to the neighborhood stop-sign of '
g p g policy article in the March 1994
Maplewood in Motion, the public works department received
p two requests from
neighborhood groups for the installation of stop signs.
ns. 9
The requested locations are at the intersections of '
Glendon Street and Geranium
Avenue,. and Ripley Avenue and Howard Street. Petitions for b '
oth locations, with the
minimum of 12 property owner signatures, are attached.
In accordance with the stop -sin policy, issue of neighborhood '
g p Y, g boyhood stop signs will be
considered once a year during he month of May. Petitioners '
g y Hers have been notified by
mail and via the May issue of Maplewood in Motion that their stop-sign '
p gn requests will
be considered at the May 9, 1994, council meetin .
g
KGH
MOLL O WAY ` _ o AVE.
.-
p • r. 1.
..
3 '
� ..s
- KNOLL CIR.
VE. R p
AV •
AVE, ' •
AVE. .••
'• LA
URP R
i1M0 AVE. •
o •
•
. .
7
•
•
,• • MOK f Affil AVL
I
N
•
.1 f F :. ♦ 2
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•
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sum 440N
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.
j b
ANGELA CT
• •'
•
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.8 L. .t.
AVE. A
• CO MTr LA 1 ANTELOPE WAY � � , •
•� • BISON 2 Aft Bf KAkCX LA Z cc
0 0 &EVVtD&E ItD wafts
• 4 BOBCAT LA 0 4 -
• 4 htAWTNORNE AVE '•
s
20ON
•.
E. MARYLAND
0� low
.�.
.ROSEt 0 0 (�
o AVE. ° •
• •'.' •i! V ••
�-•
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9
MACNOUA AVE, ti
� S
z ....
ke �� f
. � A
PL to
960N
z o HARVESTER A •
• CASE AVE Z •.
•s - ° oe •
qb
4
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BRAND C L LA. BRAND AVE* :• - .
ALL Carr AVE.
cc
• .1
7th
... E- S v�p Nebo* E. 7th ST. :: �
�`
AM
Ar
_ ., ... y.M �.f MrDtrar is rrr rir• s do rr 00 w1ir ,. mo wA►lp"W
Ok-A VN c. y ,
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ck-
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'� �► `..•� _ � lam �,� /� ..� """ ""�� iI- �/ ., -� �► � f�� ` .�
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We, the undersigned, petition the city of Maplewood to install 11 a
three-way stop sign at the intersection of Glendon St. and Geranium
Ave. for the following reasons:
l) Geranium Ave. forms the north border. of Geranium Fark and when
the park is being used for ball games, cars often line both sides
of Geranium Ave. making visibility at the intersection very poor
for drivers as well as pedestrians.
..2) The speed of cars travelling on Geranium Ave. is noticabl high.
y
-with a substantial amount of traffic due to the multi-housing
dwellings in the area and the park. A stop sign in the m'
P 9 middle of
this area would.encourage slower speeds which are more appropriate
for traffic near - a park.
3) The pedestrian pathway from. Beaver Lake School to the north side
of the park also enters Geranium very lose to this intersection,
Y ectzon.
4) All other intersections in this area are controlled
by stop
signs.
(D f
te 1pvt Cow
1
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AGENDA ITEM
q
AGENDA REPORT
Aot ion by C ouuno i 1:
TO: Cit Endorsed �...�.
y Manager
110difie
FRO • Re ected�.
FROM: Engineer ,�
i
SUBJECT: Searle
e Street Storm Sewer, Proj 93- • • 14— Feasibility Stud
DATE: Ma 3, 1994
The information for •
this project will be- available forth
the Thursday preagenda meeting.
g
KGH
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AGENDA REPORT
AGENDA ITEM �
Action by Council*
City Manager
City Engineer
Beam Avenue/Walter Street Drainage
May 3, 1994
rm dorse ,
Modif i ed,. ,...�....
Rej eete
Dat
Mr. Prograva and Mr. Skully own property in Little Canada along the Maplewood border.
This _area is north of Kohlman Lake. They feel drainage problems have occurred on their
property due to construction in Maplewood over the last 15 years.
In the late 1970s and early 1980s, Voya Pelitich began developing the subject property in
1 p p Y
Maplewood. Without permits or approvals, he constructed a storm -water ondin area o
p g n
the property north of Kohlman Lake. A concern was expressed at that time by the owners
of property in Little Canada. The City of Maplewood took no action at that time, but did
require Mr. Pelitich to obtain permits from other agencies. The Corps of Engineers 9 p g and
DNR worked with Mr. Pelitch for some time before issuing permits. The city accepted the
. Y p
permit conditions as adequate and took no additional action at that time.
In recent years, Mr. Mogren and Mr. Frattalone have begun to develop he property p p p Y as
Kohlman Lake Overlook additions. As part of the subdivision radin the developers
g g� p
agreed to construct a ditch along the Little Canada- Maplewood border. This ditch was to
intercept flow from Little Canada that may have been redirected b the p revious Y y p dike
construction. The ditch flowed southerly nto the wetland area north of Kohlman Lake.
ake.
The ditch is visible today and still appears to be lower than the land to the west in Little
Canada. This ditch should intercept an flow from Little Canada that previously p Y p eviously flowed to
Kohlman Lake.
Mr. Prograva and Mr. Skully have indicated the nature of their property has changed.
They claim the property does not drain to the east as it has in the past. I am sure they are
sincere in their assertions about the change in character of their property. As cit
engineer, I am at a loss to explain why actions in Maplewood would be responsible for the
drainage problem. The ditch along the west side of the dike in Maplewood is lower
p than
the adjacent property to the west. This ditch provides adequate drainage to the Little
Canada property.
It is recommended the City of Maplewood take no action at this time. If additional
information becomes available it would certainly be considered at that time.
KGH
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AGENDA ITEM
AGENDA REPORT p
/ otion by C otnc .1.
B r id orse
TO: City Manager �dodif .e
Rej eeteA
a : FROM: City Engineer bat
SUBJECT: Sterling treet/Schaller Drive Imp Projec - -- Feasibility
g p � ct 93 08 Feasibility
.
Study
j
i
DATE: May 3, 1994
The attached feasibility tud is resented for the city coun '' '
Y Y p ty cal s consideration. The
proposed financing for this project is from two sources. Sterling Street is eligible f g gable for
state aid financing State aid funds account for $423,170 of the project. The
f
i
remain ing is financed g through special assessments. The total project cost.
of $1,273,170 is covered b these two financing sources.
Y g es. ;
It is recommended the city ouncil accept the report and schedule Y p p a public hearing at
7:30 p.m., May 23, 1994.
KGH
jC
Attachments
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, the city engineer for the City f Maplewood has b '
Y p be authorized and
directed to prepare a report with reference to the improvement of Stelrin Street and
p g
Schaller Drive Improvements, Cit Project 93 -08, by construction of street sanita
sewer, water main, storm sewer, and app urtenances , and
WHEREAS, the said city engineer has prepared the aforesaid 9 p p aid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL c of
MAPLEWOOD, MINNESOTA, as follows:
1. The report of the city engineer advising this council that the ro osed
p p ..
improvement on Stelring Street and Schaller Drive Improve -
p ements, city Project 93 08, by
construction of street, sanity sewer water main storm sew e r, sanitar � r, and appurtenances is
feasible and should best be made as proposed, is hereby received.
2. The council will consider the aforesaid im rovement.in accordance with
th
the reports and the assessment of benefited ro ert for all or a portion o !
p p Y p f the cost of
the improvement according to MSA Chapter 429, at an estimated total cost of the
improvement of $1,273,170.
3. A public hearing ill be held in the council ch '
g ambers of the city hall at
1830 East County Road B on Monday, the 23rd day of May, 1994, at 7:30 p.m. to
consider said improvement. The city clerk shall give mailed and p ublished notice of said
hearing and improvement as required by law.
l AGENDA ITEM
AGENDA REPORT
Aot,ion by Council t
TO: City Manag
Endorse
FROM: Modifi
City Engineer
Date
SUBJE
CT: No Parking -Beam Avenue, Maplewood Heights Park
DATE: Ma 3 1 g
Y � 94
According o r e p orts , .
g p , there is frequent on- street ar ' •
p long on the north side of Bea
adjacent to Maplewood Hei hts m
Avenue
. street g Park. This creates a safety Pedestrians crossing the strt f concern for
from the park to the ne
Avenue. Driver visibility s Li g south of Beam
Y mated, especially when small childr
street between parked cars. try to cross the
It is recommended •
the city council establish a no- •
parking zone on the north side o
e from White Bear Avenue to F f
Beam Avenue Street.
KGH
AGE
NDA N ®.
AGENDA REPORT
TO: City Manager
FROM: Assistant City Manager Gitpu �
RE: CABLE FRANCHISE RENEWAL
DATE: April 28, 1994
INTRODUCTION
Action by- COMOA-11k
Endors
l,ej ecte
J)a
At the April 4 Council /Manager workshop, the City Council discussed the renewal of
the cable franchise. It was the consensus of the Council to provide comments or
questions to the City Manager and have staff place this item on a regular meeting for
action.
RA
A timeline for the renewal oft °
he cable agreement is resen
chronological order. p ted on reverse
1998: . Current franchise
agreement between the Cable Commissio nand
Meredith Cable will exp ire. e. The joint powers ag reement
twelve com g between the
Suburb • • an Cable Commission
expire. Federal law re }
will also
quires that the cable company start t
.ear p Y the
renewal process three
y ears before expiration.
19950 Meredith Cable
e will notify the Cable Commission
on that �t wants to
negotiate.
Federal law requires the Cab °
Cable Commission to initiate a
Process within six months about cable- •
° related needs and interest of
residents and past performance
of the local cable company.
9940° SY May 1 the Cab .
le Commission would like fee
dback from members
about the
existing joint powers agreement and °
their interest in renewing.
g
Mr. Tim Finnerty is the Executive Director of the R/WCSCC. He was present at the
April 4 Council /Manager meeting. He has prepared a report (Exhibit A) for the City
Council which addresses the questions about what the current structure does and
what responsibilities the City would have if the Cable Commission renewal did not
take place.
In addition, the staff report from April 4 is also attached as Exhibit B. It contains a
copy of the current joint and cooperative agreement for cable franchise
administration.
RECOMMENDA11ON
It is recommended that the City Council review and discuss the material regarding
g g
renewal of the cable franchise agreement.
RAMSEY- WASHINGTON SUBURBAN CABLE CO
7245 Stillwater Boulevard North
Oakdale, Minnesota 55128
Birchwood Village
Dellwood
Grant Township
Lake Elmo
Mahtomedi
Maplewood
Telephone: 612- 779 -7144
Telecopier: 612 - 779 -8990
MEMORANDUM
V LJ
APR 2 2 1994
Y
Vadnais Heights
White Bear Lake
White Bear Township
Willernie
April 19, 1994
TO:
FROM:
RE:
Gretchen Maglich, Assistant City Administrator, City of Maplewood
Tim Finnerty, Executive Director, Ramsey /Washington Suburban
Cable Commission
Follow -up to April 4 Council /Manager Work Session
This is in response to the April 4 Council /Manager Work Session which I
attended to discuss cable, as well as to follow up on our subsequent telephone
conversations. It is my intent in this letter to answer some of the matters raised.
As you know, the question before the city is whether or not to renew the City's
participation in the Joint and Cooperative Agreement to continue the Cable
Commission with other municipalities in the Ramsey /Washington cable area; and if
so, whether any new requirements should be incorporated into a renewed Joint and
Cooperative Agreement. (The existing Agreement formed the Cable Commission in
1981 to study, prepare, adopt, grant, administer, and enforce a single, non - exclusive
cable franchise.)
From the discussion at the council /manag
conversations with er work session, and my subse uent
you, there seemed to b q
Y e an interest in identifying the functions of
the current Cable Commission, as well as examining matters which may need to be
addressed by the City in the event that the City determines to not to artici ate in the
p p
Cable Commission beyond its existing term. In other words, if the City ecides to "go
o
it g
alone, what new functions may the City be assuming? What are the p otential costs
of such functions?
I am not certain I can give absolutely definitive answers to these questions.
can, however, provide you with my general thoughts which, hopefully, can p rovide
you and other City officials with a better sense of the relevant issues.
The first item for consideration is the franchise renewal process.
1. Franchise Renewal Process. In approximately May of 1995, the cable
company will be requesting renewal of the franchise, which is set to expire in 1998
(federal law requires that the franchise renewal process start three (3) years prior to
the expiration of the franchise). Assuming that the City etermines not to '
n Y participate
in a joint cable commission, , the cable company may likely seek renewal of the
franchise directly with the City, which would be actin as the official " f r anch i sing
authority.
11
g ranch�sing
In this case, the cable company would deliver, perhaps as soon as May of
1995, a written renewal notice to the City r Y
y re q ting the commencement of franchise
renewal proceedings. The City would be required to commence these roceedin
not later than 6 months after the date such notice is submitted p gs
.
Under federal law (Section 626 of the Cable Act - -47 U.S.C. § 546 ), the
proceedings are to afford the public in the franchise area (Maplewood) appropriate
notice an
d participation for the purpose of (1) identifying the future cable- related
community needs and interests, and (2) reviewing the past performance of the cable
operator.
A franchising authority's review of the cable operator's ast performance p p ce is
critical in such proceedings: Federal law is very specific about a Cit y's rig to den
� g y a
renewal. The City must document, if true, that the cable operator has not
substantially complied with the material terms of the existing franchise, or document
that the quality of the g
q ty e operator's service, including signal quality, response to
consumer complaints, and billing practices has been unreasonable. Further the Cit
must give the cable operator notice of documented problems and afford the
opportunity to cure such problems. Without this due process, a City may not base a
on deficient past performance
denial of renewal Y
.
The City's identification of future cable- related needs and interests would also
be a fundamentally important task within the proceedings. Such needs an g d interests
would form the
basis for determining whether the cable operator's renewal ro osal
meets the future cable communications need p • p
s of the community. In conducting a
needs assessment, City may wish to survey subscribers, school districts ke
leaders public Y
community groups and community , p b c l�brar�es, City staff and
departments, hospitals/ emergency health care facilities, and businesses t
the community. Some cities and o name a
few, within Y cable commissions hire independent
surveying firms and technical consultants to assist in this process.
Once a needs assessment is completed, a City may develop Request-for-
Proposal document containing " p q
g model franchise which incorporates many of the
cable- related needs of the community. This Request-for-Proposal is then submitted
an p bm�tted to
the cable company, y, who then prepares a proposal to the City.
At this point, the City may find that the proposal is acceptable, in which case
the renewal is anted and the ne p
gr anted e franchise is put into place. The City may not find
the proposal acceptable, in which case a negotiation stage would occur. If
negotiations are n g the
ne
g of successful, and the City denies the renewal, the federal law kicks
in with requirements for administrative proceedings. If, after administrative
proceedings, denial is upheld, judicial proceedings would follow. The outcome of
judicial proceeding could yield the upholding of the denial, a renewal of the franchise,
or the parties being told to go back and re-do part or all of the p ro cess .
Obviously, under a Joint and Cooperative Agreement, the Cable Commission
would conduct this process. If the City is not part of such an agreement, the i
g C
would need to conduct
this process on its own.
Page 2
At the April 4 council /manager work session, the matter was raised regarding
the renewal g g
the cost of administering ewal process. Obviously, it can be expensive. For
this reason, the Cable Commission, anticipating renewal of the Joint and Cooperative
Agreement, has established a reserve fun p
d of $25,000 for use during the renewal
process.
2. On -going Administration and Enforcement. Once the franchise is
renewed, the franchising authority is responsible for its ongoing administration and
enforcement. Please keep in mind that the franchise is a contract between the cable
company and the franchising authority. The franchise can contain many provisions.
Here are a few examples of broad areas which may be contained within a franchise:
• Commitments regarding financial resources to be used for new franchise
• Service areas and construction schedules for upgrading /rebuilding of system
• Upgrades to channel capacity and system design
• Proposed new signal carriage and channel allocations
• Local programming
• Institutional services
• Services, rates and rate regulations
Obviously, the franchising process would yield a significant amount of detail
under each of these categories. Further, given the rapidly changing technologies of
cable and telecommunications • i
g
,including digital technology and fiber optics, it s very
possible the franchises of 1998 will, in detail, look significantly different than the
franchises of today.
The provisions made within these new, high -tech franchises will need to be
carefully administered and enforced by local franchising authorities for maximum
benefit.
3. Handling Citizen Complaints /Resolution. Regardless of high -tech
wizardry, this is one function that will probably not change in the future. The
franchising authority will need to continue to assist citizens with cable - related
complaints -- everything from repair of private property during construction of cable or
fiber optic lines ... to service outages ... to billing problems.
No matter which entity acts as franchising authority, City or Cable Commission,
that entity will need to maintain an active relationship with the cable company and
process citizen complaints from start to finish.
4. Regulation of Cable Television Rates. Under the 1992 Cable Act, the
right to regulate basic cable rates was restored to franchising authorities. Absent a
renewed Joint and Cooperative Agreement, this function would presumably ecome
the City's.
y
Page 3
As such, rate regulation would be administered by the City in accordance with
federal law and rules promulgated by the Federal Communications .Commission
( "FCC "). The FCC rules are currently approximately 500 pages, with an additional
600 page supplement. If you are interested in a summary of the rules, I would be
happy to provide it to you.
There is cost involved in administering rate regulation. In addition to the "cost"
of administrative staff time, the Cable Commission has retained outside legal and
financial consultants to examine the cable rates and applicable rules, and to make
necessary recommendations.
5. Access Channel Management and Programming. The franchisin g renewal
process may yield provisions for local cable channels and programming provisions
including studio and production facilities for public, educational, governmental, and
other institutional use. Depending upon the types and levels of these commitments,
the following components may have to be addressed:
- Access Channel(s) Operation. What will the local channels be? Dedicated
channels for public, educational, governmental, library, religious, senior citizen,
other? What entity will operate /program such channels? Who will have access to
such channels?
- Management of Production Studio(s) and Facilities (vans, etc.). What entity
will manage such studios and facilities? Who will have access to such facilities?
- Development of Video Programming. How will access channel programming
be developed? Who will be responsible? How will funding occur?
- Administration of Institutional Network. How will communications traffic on
institutional network be managed? Who will be hooked up and how will space be
allocated .9
These are questions which could be answered to some extent when the new
franchise is put into place. However, these also tend to be ongoing policy matters in
many franchises. Usually, the franchising authority -- whether a city or cable
commission - -plays a strong role in deciding these questions periodically throughout
the life of the franchise. The Ramsey /Washington Cable Commission has dealt with
these questions for the past 11 years. Under a new franchise, assuming the City
chooses not to participate in a cable commission, the City would take on these
responsibilities.
6. Interconnection with Other Cable Systems and Other
Telecommunications Networks, and Integration of Future Technologies. Assuming
that the City chooses to "go it alone," will Maplewood's cable system interconnect with
other systems and /or networks? Will it be part of the larger "Information
Superhighway" of the future?
At this point, these kinds of questions are "unknowns." But I believe they will
become crucial in the near future. A community's communications system in the
future could be as important' as any other component of its "infrastructure."
Page 4
Advances in technology are revolutionizing cable •
Such advances will determine e and telecommunications.
ne how Minnesota municipalities will be wired
for the
„ Information Superhighway." The cable television wants to be that " wire," but so does
the telephone industry, what will be the imp act
ies? pact of such emerging and converg
g What are the relevant public policy concern g g
technologies? into place? p Y s as new technology is put
I raise these questions because the are bean •
Y g asked by franchising authorities
throughout Minnesota.
Municipalities clearly want to protect the ubli •
p c Interest In the
development of the information superhighway, particularly because significant
investments have
been and will be made in cable communications
ton these d technology. A close
eye needs to be kept developments.
7. Costs. It is difficult to speculate on the exact costs the City would incur if
it became directly responsible for the renewal of the franchise and its ongoing
administration and enforcement. The only insight I can shed on this is to show the
current costs of the cable commission for these functions.
FUNCTION
Franchise Administration and
Enforcement; Rate Regulation;
Handling Citizen Complaints;
Commission's LMCIT Insurance
COST AS A PERCENTAGE OF
ANNUAL FRANCHISE FEE REVENUE
($460 1994 PROJECTED)
36.6 Percent ($1
Government Access Channel
Programming
Grant Fund (These are funds w
are under consideration by the
Commission for proportionate
redistribution to member cities)
49.5 Percent ($227,906
18.4 Percent (
As you can see, all the franchise fees ected for •
categories ( actually, p � 1994 are expended In these
three broad cate g the expenses exceed franchise fees '
1994; the Commission uses interest income prod ected for
and some reserve funds to cover the
expenses beyond actual projected franchise fees). Pleas •
Commission. ) e also keep In mind that the
receives an annual public access grant, separate from franchis
from the cable company which it uses to fund e fees,
Suburban Community Channels
( "SCC "), the nonprofit public access you •
1994 was g P This public access grant ($360,000 in
a part of a franchise commitment b t .
Y he cable company to support public
access channels and programming. p
fun herefore, in 1994, the Commission rants no °
fees, g to SCC from franchise
I cannot say for sure that the percentages above •
g could be applied to the City as
a formula to determine its potential costs If It decided to undertake the
aforementioned responsibilities. This represents p is the Commission's 1994 expenses,
Page 5
and not necessarily the potential expenses of the City in 1998, the year the new
franchise would take effect.
Gretchen, I hope this can be helpful to you and other City officials. These
represent my thoughts and my understanding of the facts about the cable television
franchising process. These are not meant to represent any particular positions) of
the Cable Commission.
Please feel free to call me if you should have any questions or comments
regarding any part of this. Thanks.
Page 6
AC L� 1� Dt� )TEr 0 1
M
T0: Mayor and City Council
FROM: Assistant City Manager Grv#t4i c.-k
RE: CABLE COMMISSION EXTENSION
DATE: February 18, 1994
Attached you will find a copy of a letter from the Ramsey Suburban Cable
Commission. It is asking if the City wishes to continue its membership in the
Commission after May, 1998.
The proposed timeline is to .have the City ouncil consider this question during the
Y q 9
April 4 Council /Manager Workshop with formal acti at either one of the April Council
meetings. This will make the May 1 deadline designated by the Commission.
If you have any qu estions or want additional information available at the April 4
meeting, please contact me. We ca also schedule other Commission rep resentatives
to appear at the April 4 meeting.
RAMSEY- WASHINGTON SUBURBAN CABLE COMMISSION
7245 Stillwater Boulevard North
Oakdale, Minnesota 55128
Birchwood Village Telephone: 612 - 779 - 7144
Dellwood Telecopier: 612- 779 -8990
Grant Township
Lake Elmo
Mahtomedi
Maplewood
February 15, 1994
Gretchen - Maglich
City of Maplewood
1830 East County Rd. B
Maplewood, MN 55109
Re: Extension of the Joint and Cooperative Agreement
Dear Gretchen:
North St. Paul
Oakdale
Vadnais Heights
White Bear Lake
White Bear Township
r�_Nillernie
FEB 6
The Ramsey/Washington Counties Suburban Cable Communications
Commission hereby requests that your city review the issue of and provide a
response regarding the extension of the .Commission's Joint and Cooperative
Agreement for cable franchise administration.
On or about May of 1998, the current cable television franchise agreement
( "franchise ") by and between the Commission and the cable television company,
Meredith Cable, will expire. Federal law requires that the cable company initiate the
renewal proceedings approximately three years prior to the expiration of the
franchise. Therefore, in approximately May of 1995, the cable company will likely
provide the. Commission with a notice seeking renewal of the franchise. Upon receipt
of this notice, the local gove�imental franchising authority is obligated under federal
law to initiate proceedings within six months regarding the future cable- related
community needs and interests of the residents in the franchise area, as well as to
review the past performance of the cable company under the franchise.
Therefore, an important issue that must be addressed at this time is the
Commission's authority to secure and administer any future franchise agreement with
the cable company. At the present time, the Commission is organized pursuant to the
Joint and Cooperative Agreement which was entered into by your community and the
eleven other member municipalities which have comprised the Commission since
1981. The Joint and Cooperative Agreement will expire on the same date the
franchise is due to expire in May of 1998. Therefore, the member municipalities of
the Commission must review the Joint and Cooperative Agreement and determine
whether to extend the agreement.
It is in this light that the. Commission now recommends that the twelve member
municipalities review the issue of and provide a response regarding such an
extension. The Commission has not taken a position on the extension, leaving it to
member communities to consider.
City of Maplewood
February 15, 1994
Page Two
We have enclosed a copy of the current Joint and Cooperative Agreement, for
your review. The Commission asks for your response to this issue, along with any
comments or recommendations, by May 1, 1994. The Agreement was adopted in
1981 at the recommendation of the State Cable Board so that member municipalities
might obtain a better franchise than if each dealt individually with the various cable
companies.
The Commission will answer any questions or address any comments you
would have in your review of this request and recommendation. Commission
representatives will also appear and answer questions before your governing board at
your request.
In conclusion, we believe that the establishment, enforcement, and
administration of cable television is an important function within local government.
The Ramsey /Washington Suburban Cable Commission has provided those services of
local government to the citizens of your community since 1981. The question now
before your community is whether the Commission should continue this into the
future, as well as whether any modifications to the Joint and Cooperative Agreement
are necessary or desirable.
I would be happy to speak with you directly on any part of this if you should
desire. Please do not hesitate to contact me through the office of the Cable
Commission at 779 -7144.
q ry ly your ,
ane Bengtson
Chairman
Ramsey /Washington Cable Commission
Enclosures
JOINT AND COOPIOP. IvE r Gn 'E :ENT
RAIM SEY /wASrINCTON COUPT IES SUBURBAN
CABLE COP_MU I CATIONS CORM I S S I ON
The parties to this 7-. regiment are governmental units of the
State of Minnesota. Th =s 6 - creement supersedes any prior agreement
between the parties cover . c the establishment of a cable communi-
cations commission and is made pursuant to Minnesota Statutes §238.08
and §471.59, as amended.
f
l +
I.. PURPOSE
The general purpose or this Agreement is to establish an
organization to study, pre:a e, adopt, grant, administer and enforce
a single non - exclusive cable communications franchise in member muni-
cipalities in the Ramsey/washing ton Counties Cable Service Territory.
I I . NAME
The name of the organization is the Ramsey /Washington Counties
suburban Cable Communica.ticns Commission.
III. DEFINITIONS
Section 1. Definitions. For purposes of this Agreement, the
terms def ined in this Article shall have the meanings given them.
Section 2. "Board of Directors" or "Board" means the governing
body of the Commission.
Section 3. "Commission" means the organization created pur-
suant to this Agreement.
Section 4. "Cit or "Cities" or "Munici alit es means any
ity or township.
Section
5.
"Director" means a person appointed
by a member r
city council
to
be one of its representatives on the
Comrni €sion.
Section 6. "Member" or "Member Municitality" means a muni-
cipality which enters into this Agreement and is, at the time
involved, a member in cood standing.
Section 7. "Elaiaible Member" means a municipality within
the Cable Service Territory that may, if it so acts, adopt this
Agreement and become a part of this Commission
IV. ELIGIBLE. MEMBERS
The municipalities of Birchwood Village, Dellwood, Lake
Elmo, Mahtomedi Maplewood, North St. Paul, Oakdale,
Vadnais Heights, White Bear Lake, White Bear Township,
Willernie, and Grant Township are eligible for membership.
V. DIRECTORS
Section 1. Qualifications /AOpointment. The city council of
each member shall be entitled to appoint by resolution two (2)
directors and two (2) alternate directors. At least one (1) director
and his or her alternate shall be a member of that council and the
other director and alternate shall be a qualified voter residing
within that municipality. when the council of a member appoints
its first two directors and any alternates, it shall give notice
of their appointments to the designated Coordinator of the Commission.
Notice of a successor director shall be given to the Secretary of
the Commission. Notices shall include the name and mailing address
of the director which shall be deemed to be the official name and
address of that director for the purpose of giving any notice re-
quired under this Agreement. Alternate directors shall serve in
_2_ a
the absence of their designated director . Alter :ate directors
M
shall have all the powers of their designated director in the
evert of such director's absence.
Section 2, Term. The terms of the first directors shall
begin on the effective date of this Agreement and shall continue
until November , 1983. Thereafter Thereafter each director shall serve for
term of two ( 2) years. A director shall serve at the pleasure.
of his or her city council
Section 3. Voting There shall be no voting by proxy. All
votes must be cast in person at Commission meetings by the director.
The number of'votes each director shall be entitled to cast shall
be based upon the official population as determined by the latest
United States Census of his or her member city as it corresponds
to the formula set forth in Appendix "A attached to this Agreement.
A director shall not be eligible-to vote on behalf of his or her
municipality during the time that said municipality is in default
P Y g
on any contribution or payment to the Commission.
Section 4. Comnensation. Directors shall serve without
compensation from the Commission, but this shall not prevent a
member from compensating its directors if compensations by that
member is otherwise authorized by law.
VI. OFFICERS
Section 1. Number/Election. The officers of the Commission
shall consist of a Chairman, a Vice Chairman, a Treasurer and a
Secretary, all of whom shall be elected at the first meeting of
the Commission, and thereafter, at the annual meeting of the
Commission held in November of each year. New officers shall
-3-
take office at the adjournment of the annual meeting of the Commi s s ion
at which they are elected.
Section 2. Chairman /Vice Chairman The Chairman shall preside
at all meetings of the Board and Executive Committee and shall
perform all duties incident to the office of Chairman, and such
other duties as may be delegated by the Commission. The Vice
Chairman shall act as Chairman in the absence of the Chairman.
Section 3. Secretary The Secretary shall be responsible
for keeping a record of all of the proceedings of the Commission.
and Executive Committee. The Secretary shall send written notice
and material pertaining to agenda items to each director at least
.five ( 5 ) days prior to the meetings
Section 4. Treasurer The Treasurer shall have custody of
the Commission's funds, shall pay its bills, shall keep its finan-
cial records and generally conduct the financial affairs of the
Commission and for such other matters as shall be delegated to
him by the Commission. Orders, checks, and drafts of the Commission
shall require the signatures of the Treasurer and one (1) other
Executive Committee Officer. In conducting the Commission's
financial affairs, the Treasurer shall, at all times, act in
accordance with generally accepted accounting principles. Treasurer's
reports, including any bills or claims to be acted upon by the Commis -
sion, shall be distributed to all directors not less than five (5) days
prior to the meeting. The Treasurer shall post a fidelity bond or
other insurance in an amount approved by the Commission. The
Commission shall bear the cost of the bond or insurance.
Section 5. Executive Committee. There shall be an Executive
-4-
Committee which shall consist o'f the four ( 4 ) officers and any
other director elected by the Commission. To the extent specifi-
cally delegated by the By -Laws or resolution of the Commission,
the Executive Committee shall have the authority o manage the
Y g
business of the Commission during intervals between meetings of
the Commission but at all times is subject to the control and
direction of the Commission. The Executive Committee shall meet
at the call of the Chairman or upon the call of any other two (2
members of the Executive Committee. The date and place of the
meeting shall be fixed by the person or persons callin g it. At
least forty -eight ( 4 8 ) hours advance written notice of that meeting
shall be given to all members of the Executive Committee b the
Y
person or, persons calling the meeting, however, notice may be waived
by any or all mi-mbers who actually attend the meetings or who have
given a written waiver of such notice for a . specified meeting,
9
VII. MEETINGS
Section 1. First Mee tin The first meeting of the Commis-
sion shall be held on Thursday, November 12, 19810
Section 2. By -Laws At the first meeting of the Commission,
the Commission shall adopt By -Laws governin g its procedures, in-
eluding the time, place, notice for and frequency of its regular
g Y g
meetings, the procedure for calling special meetings and such
P g
other matters as are required by this Agreement.
The Commission may amend the By -Laws from time to time. The
By- Laws may be amended in one of two ways:
A. A proposed By -Law amendment may be brought up at a
regular meeting, then referred to the By -Laws Committee for its
-5-
recommendation and then voted upon at the next meeting of the
Commission; or
w amendment may B. A proposed Sy La a y be brought by giving
prior to a scheduled
written notice
fourteen (14) days advanced ri P
• proposed meeting to all directors. The amendment would then be
r _ f its recommendation and acted
re�.erred to the By Laws Committee
,upon by the Commission as a whole at the scheduled meeting .
proposed In no event shall a By
- Law osed B - Law amendment be acted upon
without a recommendation from the By -Laws Committee.
/4
Section 3. ing uorum A majority of the member munici-
_ Vot .
paliti
• es shall constitute a quorum o f the Commission and a majority
of the members of those appointed to the Executive Committee shal l
• for a meeting constitute a quorum g of the Executive Committee. No
uoruln . Unless otherwise
without a
business shall be conducted q
,
provided In this Agreement, reement no action shall be taken unless a
quorum i s p
• resent and the action is voted for by a majority of the
resent and voting at a Commis
the directors -
total votes cast by P
sion meeting, or by a majority of the Executive Committee at its
� Y
meetings except that
in both instances, less than a majority may
,
adjourn a meeting.
VIII
POWERS IGHTS AND DUTIES OF THE COMMISSION
Section 1
• . Franchising hisin Authorit The Commission shall act
ons franchising as the cable communicate g authority for the members
as provided herein.
Section 2.
Grant of Franchise. The Commission shall prepare,
adopt, grant, administer and enforce a cable communications fran-
chise ordinance and may
establish rates thereunder, and may do all
-6-
things reasonably necessary and proper to the imple':nentation of
its powers and duties, including those powers set forth in this
article. As part of this process, the Cor►unission sIAall seek input
from all member municipalities and communicate the progress of
the Commission to each member city on a monthly basis.
Section 3. Needs Assessment. The Commission shall compile,
make publicly available and approve a Needs Assessment Report:
Section 4 Rectuest for Proposals* The Commission shall
prepare and adopt, after a public hearing, a Request for Proposals.
The adoption of the Request for Proposals shall be by at least a
two - thirds (2/3) vote of the total eligible votes. Votes shall be
taken until the Request for Proposals is properly adopted or until
the hearing is adjourned in which case the Commission may schedule
and hold additional meetings to adopt a Request for Proposals.
Section 5. Designation of Company After receipt and review
of all proposals submitted to the Commission by the cable communi-
cations companies, the Commission shall select by resolution, after
a public hearing, one (1) cable communications company to which it
may grant a franchise. The adoption of the resolution shall be by
at least a two - thirds (2/3) vote of the total votes entitled to be
cast. Votes shall be taken until a cable communications company
is so selected or until the hearing is adjourned in which case the
Commission may schedule and hold additional meetings to select a
company.
Section 6. Adoption of Franchise Ordinance The Commission
shall prepare, adopt and grant one (1) cable communications company
a single non- exclusive cable communications franchise (hereinafter
-7-
"franchise ordinance" to construct, maintain, operate or manage
a cable communications system emcompassing all of the territory of
the members The adoption of the franchise ordinance and the grant
of the franchise shall be after a public hearing by an affirmative
vote of at least two - thirds (2/3) of the total eligible votes*
votes shall be taken until the franchise ordinance is so adopted or
until the' hearing is adjourned in which case the Commission may
schedule and hold additional meetings to adopt the franchise ordi-
na g
nce and rant the franchise. In the event no further meetings of
the Commission are scheduled to adopt the franchise ordinance, the
franchising process shall be suspended and the Commission may promptly
resume the franchising process at any point in the process as deter -
mined by the Commission.
Section 7. Publication /Effective Date The franchise ordi-
nance adopted by the Commission shall be signed the Chairman
and attested by the Secretary. The franchise ordinance shall be
published ished within fifteen (15) days after adoption by the Commission
in the official newspaper of each member. The franchise ordinance
shall take effect thirty (30) days after the last date of its publi-
cation, or at such later date as fixed therein*
Section 8. Administration /Enforcement The Commission shall
administer and enforce the cable communications franchise ordinance
or it may delegate ate the franchise ordinance enforcement and admini --
stration to its members, for which service the Commission shall pay
or reimburse its members*
Section 9. Rates. To the extent allowable under federal and
h Commission shall a
state law, the prove changes in rates charged p
_8-
by the cable communications company. The Co r ission shall n otify
Y
each member of proposed chance in rates charged subscribers at
least for ty -five (4 5 ) days prior to a hearing on the Issue .
g
Section 10. Contracts. The Commission may make such contracts
racts
as are-reasonably necessary to accomplish the ur oses of the
P P Commissi
Section 110 Consultants, The Commission may retain the
services of experts and legal counsel to advise it in accomDl'
fishing
the purposes of the Commission.
Section 12. Advisory Committees The Commission may appoint
_
an advisory committee to make recommendations to it n
o cable com -
munications. The duties of such committees shall be s et forth by
the Commission.
Section 13. Gifts /Grants. The Commission may g
accept gifts,
� ,
apply for and use grants and may enter into agreements required in
g q
connection therewith, and may hold, use and disp of money y or
property received as a gift or grant in accordance with the terms
thereof,
Section 14. Le islative Activities The Commis may sub
Y 1
written comments on rules, regulations or legislation '
g regarding
cable communications proposed by or before the Federal Communications
Commission, the Minnesota Cable Communications Bo
ard, the Minnesota
Legislature or any other state or federal body. he C ommission
y may
also direct its representatives to appear and testify on cable
communications before any governmental body.
Section 150 Investigation With the approval of a majority of
� Y
the Commission, directors may be authorized to investigate the
operation of cable communications systems in other cit in Minne-
sota or elsewhere, and the expenses of traveling and subsistence of
-9-
directors in making any such inves tication shall be borne by the
Comn
Section 16. Other Actions, The Commission m exercise any
other power necessary nd incidental to the implementation of its
c essar y
powers and duties as set forth in Article I.
• �- and Recul ations . This Agreement , all
Section 17. Other a
commission activities and any . franchise ordinance adopted or fran-
b the Commission shall be subject to all local, state
chise granted y
and federal laws and reculations.
Section 18
• . Conflict Resolution. In the event of an unresoly-
able dispute between y
a member city and the grantee of any franchise
9 pursuant ursuant to this Agreement, the Commission shall act as an
. .appeal board and use its
best efforts to assist in the resolution
of the dispute.
IX. FINANCIAL MATTERS
Section 1. Fisc Year. The fiscal year of the -Commission
is the calendar year.
Section 2. Contributions - 81. The 1981 financial contribution
p
to the operation of the Commission by the parties to this Agreement
:
shall be as follows
A. Parties to this Agreement with a population in excess
of 10,000 000 based upon the most recent official census shal be as-
sessed One Thousand Dollars ($1,000-00)e
8. Parts 9
Parties to this Agreement with a population less than
10,000 based upon the most recent
official census shall be assessed
Five Hundred Dollars ($500 o 0 0) .
Section 3. Contributions -Subse en t Years Contributions MEMO
for subsequent years shall not exceed the budget amount for that
-10-
given year. A member municipality shall be assessed a share
of the budget equivalent to the total number of votes that munici-
pality has, as it corresponds to the formula set forth in Appendix
"B" attached to this Agreement. A member shall be deemed in default
if said member's contribution is not paid in full on or before
January 31. _
Section 4. Budcet Process - 1982. A proposed budget for the
year 1982 shall be formulated by the Commission and submitted to
the members within sixty (60) days after the effective date of
this Agreement. No budget shall become effective unless approved
by resolution of the governing body of member municipalities repre-
sented by three - fourths (3/4) or more of the total possible budget
shares as set forth in
Appendix
"B ".
A proposed budget
must be
approved within sixty
(6 0) days
after
its submission to
the member
municipalities. If.the budget is.not so approved, the Commission
shall promptly formulate a revised budget and submit it to the
members for their review and approval.
Section 5. Budget Process - Subsequent Years This Agreement
contemplates that franchise fees collected by this Commission shall
.be in an amount sufficient to defray the operating expenses and any
other necessary expenses of this Commission in subsequent years.
The franchise ordinance shall provide that franchise fees collected
in excess of the amount needed for the annual budget shall be re-
distributed to the then existing member cities in good standing
according to a formula using a proportionate share of the total
gross revenues derived.from each of such member cities. In the
event the said fees are not sufficient, a proposed budget for that
-11-
year shall be formulated to raise the additional revenue. Any
budget et so formulated shall be submi ;:ted to the members on or before
August 1 of the year, No budget shall become effective unless ap-
P Y
roved b resolution of the governing body of member municipalities
Y
represented b three- fourths (3/4) or more of the total possible
P
budget shares as set forth in Appendix "B ". A proposed budget
9 P
must be approved within sixty (60) days after its submission to
PP Y
the member manic i al i tie s . - if the budget is not so approved , the
P
C promptly
ommission shall formulate a revised budget and submit it
to the members for their review and approval.
Section 6. Expenditures. The Commission may expend its funds
as it deems necessary and appropriate pursuant to this Agreement.
All checks drawn upon the Commission's account shall require the
signatures of the Treasurer and one (1 ) other officer of the
Executive Committee.
Section 7. Annual Audit. The Commission's f inancial books
and records shall be audited on or before July 1, or at such other
times as the Commission may direct, by an independent auditor desig-
a
Hated and pp y roved b the Commission. The result of the audit shall
be reported to the members. The Commission's books and records
shall be available for and open to examination by the members and
the general public at reasonable times.
Section 80 Franch Fees. The franchise ordinance adopted
b the Commission shall provide that the Commission shall collect
Y
all franchise fees P aid by the cable communications company.
Section 9. Annual Report The Commission shall submit to the
governing board of each member an Annual Report. This report shall
0
e g
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contain the results of the annual audit, a summary f the past
Y P
year's activity and a discussion of the Commission's plans for the
coming year. The report shall be submitted to the overnin body
g g Y
of each member on or before August 1 of each Y ear.
X . WITHDRAWAL
Section 1. Withdrawal. Any municipality may withdraw from
this Agreement by giving notice prior to the Commission Hearin on
9
..Policy Decisions. After the commencement of the Hearin on Policy
y
Decisions, no municipality may withdraw from this Agreement.
Section 2. Notice., In order to effectuate a withdrawal, a
member withdrawing from the Commission shall give notice to the
Coordinator of the Commission by service of a certified copy of a
resolution of its city council indicating its intent to withdraw
from the Commission. Such notice must be given to the Coordinator
,of, the Commission prior to the Commission Hearing on Policy Decisions
,to be effective. Upon receipt of the resolution, the Coordinator
of the Commission shall forward a copy of the resolution to each
of the directors.
Section 3. Financial Effect of Withdrawal. No financial
benefit may inure to a municipality that withdraws under this
.provision nor shall there be any reimbursement for any contribution
made by the withdrawn municipality.
XI. DISSOLUTION
Section 1. Duration of Commission. The Commission may
continue for a term up to and including fifteen (1.5) years . The
Commission may be dissolved only upon the expiration of * the franchise,
upon the termination of the franchise for any reason stated in the
franchise ordinance or by operation of state or federal law.
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Section 2. Distribution of Assets Upon dissolution of the
commission, ,
all remaining assets of the Commission, after payment of
• be distributed among g the members in proportion
to their contributions and in accordance with procedures established
by the Commission
The Commission shall continue to exist- after
• such period, no longer than six ( 6 ) months, as is
dissolution for s c p , g
to wind a p its affairs, but for no other purposes.
necess a ry
Section 39 Effectiv
eness of ordinance after Dissolution. The
franchise ordinance shall
all rovide that upon the dissolution of the
Commission by operation
of state or federal law, the ordinance
shall remain effective
and enforceable by each individual member
within its territorial .limits.
XII. EFFECTIVE DATE
Execut of. regiment A municipality may enter
Section 1. � .
•
Into this Agreement by resolution of its council and the duly author-
this Agreement b its duly authorized
1zed execution of a copy of t g Y
• clerk or other officers 4o Thereupon, the c 1 ap propriate officer of P.
• e a dui executed copy of this Agreement,
that municipality shall fit y
Y
together
with a certified cop of the authorizing resolution with
the des ignated Coordinator of the Commission. The resolution
• of the A
authorizing the execution re giment shall also designate the g
first directors for that municipality, along with the directors'
addresses and telephone numbers.
Section 2. E Date . This Agreement 'is effective on
November 12, 1981, or on the date when executed and the authorizing
• municipalities alities named in Article IV
resolutions of eight t8) of the p
g
of
this A greement have filed as provided in this Article.
_14_
Section 3 Previou AcT ree rent. S`uversede�. This Ag reement ,
� 9
when ef f ect ive, supersedes all g
revious A ree.ments between the
P
members hereto establishing a joint cable communications commission.
IN WITNESS WHEREOF, the undersigned municipality has caused
this Agreement to be signed on its behalf this day of
198..
City of
By
Its: Mayor
By
Its Manager /Clerk
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APPENDIX "A"
povulation of Member City Votes per Director
0 - 5. 0 00 1
5 - 10,000 2
10,001 -- 15 3
15,001 - 20,000 4
20,001 - 25,000 5
25,001 - 30,000 6
APIPIENDIX "B"
Assessment Fc;rmu 1 a
Population of Member Citv Shares of Annual Bucket
0 - 5,000
2
5,001 - 10,000
4
10,001 — 15,000
s
15,001 - 20,000
8
20,001 — 25,000
10
25,001 — 30,000
12
AGENDA NO.
AGENDA REPORT
Action by Council.
TO: City Manager
Endorsed
Modified-.
FROM. Assistant City Manager (afqdAw F. tY g Rei eote
COMMUNITY CENTER FURNISHINGS: S. DoCUMENT
APPROVAL, AND AUTHORIZATION TO
ADVERTISE FOR
SIDS
DATE: May 2, 1994
INTRODUCTION
As part of the Community project's °
tY p , ct s budget, $591 000 was se
s fixtures t aside for
furnishings, 9 , and equipment -.the the FF &E budget. The °
et is divided g furniture portion of the
budget divided into two different arts: furniture '
p which can be purchased through
the State contract which has already b g
furniture which the City y een bid through the State of Minnesota an
furni needs t a d
ty o bid. This is the request for Council ncil approval of the
documents for the City -bid furniture and authorization °
to advertise for bids.
BACKGROUND
This is the first phase of equipment an •
d furniture purchasing for the Community
Center. On March 14 the City .
ty Council approved a contract with AK n consulting Rw for interior
design g g services° Since that time the interior , •
with s designer has been workin
taff to prepare the bid documents for g
furniture. Care has been taken to select
quality furniture, appropriate fabri
• fabrics, durable construction, and rice considerations.
Furniture which is not i p nsiderations.
included in this bid package will be purchased
contract. g p hased from the State
The timeline for the furniture is:
May 9: Council a °
approval and authorization to advertise
May 18 and 25: Advertise
June 9: Sid opening
p g
June 13: Sid award
June 14: Order furniture
August 15: Receive furniture
September 1: Complete installation
The consultant's estimate of the furniture ac
p kage is $122,000.
RECOMMENDATION
It is recommended that the City Council approve the bid documents for the
Community Center furnishings package and authorize staff to advertise for bids.