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1990 04-09 & 04-12 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 9, 1990 and 4:30 P.M., Thursday, April 12, 1990 Council Chambers, Municipal Building Meeting No. 90 -7 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 90 -6 (March 26, 1990) D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. Approval of Claims 2. Budget Transfer - Sanitary Sewer Operation 3. Renewal of Contract for Insurance Consultant 4. Selection of Insurance Agents F. PUBLIC HEARINGS 1. 7:10 P.M., Conditional Use Permit Revision: Cope Avenue (Lillie Veterinary Clinic) 2. 7:20 P.M., Southlawn Drive and Beam Avenue a. Conditional Use Permit (Chili's) b. Community Design Review Board Appeal 3, 7:30 P.M., Olive Garden's Liquor License G. AWARD OF BIDS H. UNFINISHED BUSINESS 1. Code Amendment: Volume -Based Garbage Rates (2nd Reading) 2. Reconsideration: Mark's Nature Haven 3, Highwood Estates No. 2 4, Lark Street Water Drainage 5. Gopher Disposal Service: Battery Collection 6. Consider Option For Open Space 7. Prevailing Wage Ordinance (2nd Reading) 8. Holloway Avenue - Project 87 -14 (4 Votes) I. NEW BUSINESS 1, Code Amendment: Electrical Inspections 2, Sarrack's International Wines and Spirits 3. 2264 -2292 Larpenteur Avenue 4. 2626 Highway 61 and 1186 E. County Road C 5, Ramsey County Overlay Agreement 6. Southlawn Avenue, Project 85 -17 7, Storm Sewer Feasibility Studies 8, Data Privacy - Record Retention Schedule_ 9. City Hall Update 10, April 12, 1990 - 5:30 P.M., Meeting to Discuss Roselawn Avenue {. J. VISITOR PRESENTATIONS K. COUNCIL PRESENTATIONS 1. 2, 3, 4. 5. 6 . s. 9. 10. L. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. 4. 5. M. ADJOURNMENT OF MEETING MINUTES OF MAPI"OOD CITY COUNCIL 7:00 P.M., Monday, March 26, 1990 and 4:30 P.M., Thursday, March 29, 1990 Hazelwood Fire Station, 1530 E. County Road C Meeting No. 90 -6 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held at the Hazelwood Fire Station and was called to order at 7:00 P.M., by Mayor Anderson B. ROLL CALL Norman G. Anderson, Mayor Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Absent Joseph A. Zappa, Councilmember Present Mayor Anderson introduced Scout Troop 474 and Scoutmaster Charles Berg. They are attending this meeting to earn the Citizenship Badge. _--_ C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89 -14 (June 22 and 26, 1989) Councilmember Bastian moved to approve the Minutes of Meeting No. 89-14 (June 22 and 26 1989) as submitted Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker Councilmember Zappa abstained. 2. Minutes of Meeting No. 89 -18 (August 14 and 17, 1989) Councilmember Bastian moved to approve the Minutes of ..Meeting No 89 -18 (AUOUSt 14 and 17 19891 as submitted Seconded by Mayor Anderson Ayes - Mayor Anderson, Councilmembers .. Bastian and Juker. Councilmember Zappa abstained. 3. Minutes of Meeting No. 89 -19 (August 28 and 31, 1989) Councilmember Bastian moved to approve the Minutes of Meeting No 89 -19 ( Aucust 28 and 31 1989) as submitted 1 3 -26 -90 Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. 4. Minutes of Meeting No. 89 -20 (September it and 14, 1989) Councilmember Bastian moved to approve the Minutes of Meeting No. 89 -20 (September it and 14. 19891 as submitted. Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. 5. Minutes of Meeting No. 89 -21 (September 25 and 28, 1989) Mayor Anderson moved to approve the Minutes of Meeting No. 89 -21 (September 25 and 28, 1989) as submitted. Seconded by Councilmember Bastian 6. Minutes of Meeting: March 5, 1990 Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. Councilmember Bastian moved to approve the Minutes of March 5, 1990 Meeting as submitted. Seconded by Councilmember Zappa. Ayes - all. 7. Minutes of Meeting No. 90 -5 (March 12, 1990) Councilmember Bastian moved to approve the Minutes of Meeting No. 90 -5 (March 12. 19901 as submitted. Seconded by Councilmember Zappa. Ayes - all. S. Minutes of Meeting: March 19, 1990 Councilmember Bastian _moved to approve the Minutes of the March 19, 1990 Meeting as submitted. Seconded by Councilmember Zappa. Ayes - all. D. APPROVAL OF AGENDA Councilmember Zappa moved to approve the agenda as amended: 1. 379 Lark Street 2 3 -26 -90 2. 2531 Geranium 3. McRnight and Larpenteur (4 houses moved in) 4. Tax Increment Financing hearing (April 9, 1990) S. Sarrack's Liquors 6. Open Space - Wetlands Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E -4 to become I -12. Mayor Anderson moved. Seconded by Councilmember Bastian. Ayes - all, to approve the Consent Agenda, Items B -1 through 3 and 5 through 14 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE* $ 347,476.57 L LI[�7FS'IE� Checks 05492 - #5547 Dated 03 -01 -90 thru 03 -14 -90 Checks #3819 - #3948 Dated 03 -26 -90 $ 658,286.50 Total per attached voucher /check register PAYROLL• $ 174,544.36 Payroll Checks S 35,236.21 Payroll Deductions $ 209,780.57 Total Payroll $ 868,067.07 GRAND TOTAL 2. Conditional Use Permit Revocation: 1900 N. Sterling Street Resolution No. 90 - 3 - 41 WHEREAS, John Songas and Yoshiko Caturia initiated a conditional use permit to operate a barber shop at the following- described property: The N 111 feet of the W 130 feet of the NW 1/4 of the SE 1/4 of Sec. 13, Township 29, Range 22. This property is also known as 1900 N. Sterling Avenue, Maplewood, 3 3 -26 -90 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was granted by the Maplewood City Council on April 6, 1978 and renewed by them on April 5, 1979, April 17, 1980 and April 22, 1985. 2. The Maplewood City Council held a public meeting on April 9, 1990. The present owner of this property was notified at least ten days prior to the meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be terminated on the basis that Sohn Songas and Yoshiko Caturia, the persons to whom the conditional use permit was issued, have moved and the current owners, Lyle C. and Frances M. Snavely, agree to the termination. 3. Conditional Use Permit Revocation: 2620 Keller Parkway Approved the termination of the conditional use permit for a barber shop at 2620 Keller Parkway since the present owner is not operating this barber -shop home occupation. 4. Conditional use Permit Renewal: 2280 Maplewood Drive (Menards) Discussed as Item 1 -12. 5. Preliminary Plat Time Extension: Gervais Overlook Approved a one -year time extension for Block One and Lots One through Eleven, Block Two of the Gervais Overlook preliminary plat. Approval is recommended on the basis that there have been no applicable changes in City ordinances or the surrounding area. 6. Preliminary Plat Time Extension: Hennen Millwood oaks No. 1 Approved a one -year time extension for the Hillwood Oaks Number One preliminary plat, subject to the 3 -27 -89 conditions of approval. Approval is recommended on the basis that there have been no applicable changes in City ordinances or the surrounding area. 7. Budget Adjustment: House Demolition (1343 Kohlman) Approved the following recommendation: a. Approve a budget adjustment for the demolition of the house at 1343 Kohlman Avenue by increasing account 101- 703 -4480 (fees for service) by $4200 and the appropriate revenue account by the same amount. 4 3 -26 -90 b. Authorize the cost of the demolition to be assessed against the property. 8. Donation For Easter Egg Hunt Program Accepted the $350.00 donation from the North Maplewood Lions Club for the "Easter Egg Hunt" Program (101 - 603 - 295 - 4120). 9. July 4th Donation Accepted the $1500.00 donation from the North Maplewood Lions Club for the July 4th Celebration (101- 603 -291 -4480) 10. Nature Center Donation Accepted the $300.00 donation from the Maplewood Oakdale Lions Club and add this amount to the Nature Center Program Supplies Budget Account (101 - 604- 000 - 4120). 11. Signal Agreement Ramsey County Approved to enter into an agreement with Ramsey County for maintenance of Traffic Control Signals, EVP System and interconnect Agreement No. 89037. 12. L.E.L.S. Arbitration Decision and Award Approved the arbitration decision /award and negotiated terms for the labor agreement between City of Maplewood and L.E.L.S. as presented and approved a budget transfer of $1170.00 from the Contingency Fund to Account 101- 102 -4480 (Fees for Services) to pay the costs of the arbitrator Thomas Gallagher. 13. Resolution - Regional K -9 Meet Resolution 90 - 3 - 42 WHEREAS, the Maplewood Police Department Canine Unit spends many hours training; and WHEREAS, the proficiency of the canines is demonstrated by local, regional and national competition; and WHEREAS, the Maplewood Police Department Canine Unit applied for and was awarded the honor of hosting the Region 18 Canine Competition June 10- 12, 1990; and WHEREAS, the planning and preparation for this event requires extra work and dedication for the Canine Unit; 5 3 -26 -90 NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council commend and support the Maplewood Police Department Canine Unit for their dedication and work in hosting the Region 18 Canine Competition in the City of Maplewood. WHEREAS, the Maplewood Police Department Canine Unit spends many hours training; and WHEREAS, the proficiency of the canines is demonstrated by local, regional and national competition; and WHEREAS, the Maplewood Police Department Canine Unit applied for and was awarded the honor of hosting the Region 18 Canine Competition June 10- 12, 1990; and WHEREAS, the planning and preparation for this event requires extra work and dedication for the Canine Unit; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council commend and support the Maplewood Police Department Canine Unit for their dedication and work in hosting the Region 18 Canine Competition in the City of Maplewood. 14. Budget Transfer - History of Maplewood Committee. Approved a budget transfer of $500.00 from the contingency account to fund the miscellaneous expenses of the proposed project. EA - BEAM AVENUE COMPOST SITE a. Manager McGuire presented the staff report. b. Zack Hanson, Ramsey County Public Health Department, Solid Waste Division, informed the Council of the County's plan for the Beam Avenue compost area. It will be open from March 31, 1990 to June 1, 1990 and from September 24, 1990 to November 30, 1990. He also stated that except for neighborhood compost sites, they want private companies to take over the yard waste disposal. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Volume Based Garbage Rates (lot Reading) a. Mayor Anderson convened the meeting for a public hearing regarding the proposed ordinance to establish volume based garbage rates. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposed ordinance. d. Mayor Anderson called for proponents and opponents. None were heard. 6 3 -26 -90 e. Mayor Anderson closed the public hearing. f. Councilmember Bastian moved first reading of an ordinance that would require volume based garbage rates for residential collection services Seconded by Councilmember Zappa. Ayes - all. 2. 7:20 P.M., Yard Waste Collection Contract a. Mayor Anderson convened the meeting for a public hearing regarding the proposal for a private contractor with the City for the collection of leaves and grass. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Anderson called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Michael Hines - Gopher Richard Eisinger, Compost Concepts, Inc. Kevin Trist, General Manager, Woodlake e. Mayor Anderson closed the public hearing. f. Councilmember Zappa moved option 4 "Take no action, which would maintain the current open hauling system." Seconded by Mayor Anderson. Ayes - all. G. AWARD OF BIDS None. 1. Estate Lot Rezoning, 2413 Carver Avenue a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Bastian moved to table this item and move on to the next item on the agenda. Seconded by Councilmember Zappa. Ayes - all. 7 3 -26 -90 2. Reconsideration: Mark's Nature Haven a. Councilmember Juker moved to table the reconsideration until the meeting of April 9, 1990. Seconded by Mayor Anderson. Ayes - all. 3. Noxious Weeds and Tall Grasses Ordinance (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the history of the proposed ordinance. c. Mr. Ralph Sletten and his daughter, Tracy, testified as to the harmful effects from the weeds on the K.S.T.P. property. d. Mr. Bruce Haggerty, K.S.T.P., stated that they will control noxious weeds and such if found on their property. e. Bon Wenger, Environmental Health Officer for Maplewood, stated he has contacted the Naturalist from the Nature Center and they will ascertain what noxious weeds are present on the K.S.T.P. property. f. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 659 AN ORDINANCE REGULATING THE GROWTH OF NOXIOUS WEEDS AND TALL GRASS The Maplewood City Council hereby ordains as follows: Section 1. Section 19 -7 (8) Public Nuisances, is amended as follows: (8) All noxious weeds. Noxious weeds shall be as defined by the Minnesota Department of Agriculture. Tall grasses and other rank growths that are adversely effecting the public health, safety, welfare, comfort or repose shall also be considered a public nuisance. wetlands and public open space, such as parks, nature centers or County open space, are exempted from the tall grass part of this subsection. The noxious weed requirements shall apply. The Environmental Health Officer shall interpret and enforce this subsection, subject to an appeal to the City Council. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Zappa. Ayes - all. 8 3 -26 -90 4. Recreational Vehicle Ordinance (2nd Reading) a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following ordinance and moved its adoption* ORDINANCE NO. 660 AN ORDINANCE AMENDING THE REGULATION OF RECREATIONAL MOTOR VEHICLES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. section 20 -125 Sunset is hereby deleted and removed from Article VI, Recreational Motor Vehicles. Section 2. This amended Section 20 -125, deletion shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Small Battery Collection a. Manager McGuire presented the staff report. b. Michael Hines, Gopher Disposal, stated he is initiating a program to collect the small batteries. c. Councilmember Zappa moved that a receptacle be placed by the City's disposal site; moved that Gopher disposal be encouraaed to collect small batteries and also when the City Hall expansion is completed and a receptionist is hired a receptacle be placed by that desk Seconded by Councilmember Juker. Ayes - all. 2. Budget Adjustment: Recycling Containers a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to approve a budget adiustment for the Purchase of recvclina containers by increasing account 101 -704 -4160 (supplies - eguipment) by a S6.661 and the appropriate revenue account by the same amount. Seconded by Councilmember Zappa. Ayes - all. 3. 2829 - 2847 White Bear Avenue 9 3 -26 -90 a. Manager McGuire stated that the City Council, on March 12, 1990, requested a statue report on the proposed Auto Service Center at the Northwest Corner of Radatz and White Bear Avenue. The developer has stated construction will begin within 45 days. b. Councilmember Bastian moved to take no action. Seconded by Councilmember Zappa. Ayes - all. 4. Beam Avenue Signal, Project 89 -15 a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 90 -3 -44 WHEREAS, pursuant to resolution passed by the City Council on July 6, 1989, plans and specifications for Beam Avenue Signals, Project 89 -15, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTAx 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of ouch improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council, at the City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of such bid. 3. The City Clerk an City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at a regular City Council meeting. 10 3 -26 -90 Seconded by Councilmember Zappa. Ayes - all. S. Schedule Public Hearing: Condor Storm Sewer Project 86 -01 a. Manager McGuire presented the staff report. b. Director of Public Works Haider explained the proposal in detail. c. Mayor Anderson introduced the followinc resolution and moved its adoption: 90 -3 -45 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Condor storm sewer, City Project 86 -01, by construction of storm sewer on Dorland Road to Londin Lane, Londin Lane 325 feet east to existing pond, and outlet from pond to pond on Lower Afton Road, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement of Condor storm sewer, City Project 86 -01, by construction of storm sewer on Dorland Road to Londin Lane, Londin Lane 325 feet east to existing pond, and outlet from pond to pond on Lower Afton Road is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $176,000. 3. A public hearing will be held at the hazelwood Fire Station, 1530 E. County Road C, on Monday, the 23rd day of April, 1990, at 7:30 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Zappa. Ayes - all. 6. Water System Improvements a. Manager McGuire presented the staff report. 11 3 -26 -90 b. Director of Public Works Haider explained the specifics of the proposal. c. Councilmember Zappa introduced the following resolution and moved its adoption: 90 -3 -46 WHEREAS, it is proposed to construct water main on Lake Street and other existing areas without access to municipal water at various locations city -wide and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $8500 are appropriated to prepare this feasibility report. Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Juker and Zappa. Councilmember Bastian abstained. T. Emergency Storm Sewer - Birmingham, South of Frost] a. Manager McGuire presented the staff report. b. Mayor Anderson moved to authorize staff to proceed with design, land acquisition and soliciting bids to install a storm drain on Birmingham south of Frost; and that a budget of $10,000 be established by transferring that amount from the general fund contingency to the street maintenance capital expenditure account Seconded by councilmember Zappa. Ayes - All. 8. Prevailing Wage - Ordinance a. Manager McGuire presented the staff report. b. Councilmember Bastian moved first reading of an ordinance requiring that certain contracts for City construction projects contain provisions 12 3 -26 -90 recruirina prevailina wages rates be Paid to laborers and mechanics on the protect site. Seconded by Councilmember Zappa. Ayes - All. 9. Modification of Eden System Contract a. Manager McGuire presented the staff report. b. City Attorney Patrick Kelly stated he had presented a proposal to Eden System regarding not going any further with their Geobase System. It has cost the City $7500 already with a prospect of the cost rising to $30,000 and would still not meet the City's needs. c. Councilmember Bastian moved to authorize the City Manager to execute the agreement with Eden Systems reacindina that Portion of the original contract relating to the Geobase System Seconded by Mayor Anderson. Ayes - all. 10. Purchase of Data Safe a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve the Purchase of the data safe and that S3,000 be transferred from the Continency Fund to cover this purchase. Seconded by Mayor Anderson. Ayes - all. 11. City Hall Update a. Director of Public Works Haider presented the staff report. b. Mayor Anderson introduced the following resolution and moved its adoption: 90 -3 -47 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered Project 89 -16, City Hall Addition, and has entered into a construction contract, and WHEREAS, it is now necessary and expedient that said contract, in the amount of $1,061,949.66 be modified and designated as Project 89 -16, Change Order 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3 in the amount of $1534. 13 3 -26 -90 The City Hall addition, Fund 405- 000- 000 -4751, is hereby increased $1534 by a transfer from the general fund contingency account. BE IT FURTHER RESOLVED that Supplemental Agreement No. 3 with the Architect, T.K.D.A., Inc., in the amount of $8300 is approved. The City Hall Addition Fund 405 - 000 -000 -4752 is hereby increased $8,300 by a transfer from the general fund contingency account. Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Nay - Councilmember Zappa. 12. Conditional Use Permit Renewal: 2280 Maplewood Drive, Menard's, Inc. a. Manager McGuire presented the staff report. b. Councilmember Juker stated she removed this from the Consent Agenda because she has several questions. c. Councilmember Bastian moved to authorize staff to investigate the Menard's Property site and make sure all conditions of the original hermit have been met and that the conditional use permit for an outdoor storage yard at 2280 Maplewood Drive be renewed for one year. Seconded by Councilmember Juker. Ayes - ail. J. VISITOR PRESENTATION 1. Michael Perry, 379 Lark Street a. Mr. Perry, 379 Lark Street, showed a video tape regarding the water drainage problem in his yard. b. Councilmember Bastian moved to refer the matter to staff for alternatives to eliminate the water problem at 379 Lark Street and to report back at the April 9 1990 meeting. Seconded by Councilmember Zappa. Ayes - all. 2. Robert Carl, 375 Lark Street a. Mr. Carl stated he also has water drainage problems and confirmed the problems at 379 Lark Street. R. COUNCIL PRESENTATIONS 1. 379 Lark Street Discussed under J. VISITOR 14 3 -26 -90 2. 2531 Geranium a. Councilmember Zappa moved to refer to staff to investigate the oronerty, at 3531 Geranium to find out if a commercial use is there because he saw an ad stating a commercial enterprise was planned for this address. Seconded by Councilmember Bastian. Ayes - all. 3. McKnight and Larpenteur a. Councilmember Zappa stated he had observed the homes that were moved in at the Southeast corner of McKnight and Larpenteur. One of the homes had a shingle exterior, but the pictures the developer showed council, the exterior were brick. He further commented that the garages did not look like they were placed correctly. b. Councilmember Zappa moved to have staff investigate the site to see that everything is according to what was approved. Seconded by Councilmember Juker. Ayes - all. 4. Tax Increment Financing a. Councilmember Zappa questioned what the hearing regarding tax increment financing was going to be about. b. City Manager stated the hearing is to designate districts. 5. Sarrack's Liquors a. Councilmember Juker stated she had received a call from Sarrack's Liquors regarding the plan he had submitted being denied. b. Councilmember Juker moved to refer the matter to staff to report back on what options Sarrack's has for revival of their plan. Seconded by Councilmember Bastian. Ayes - all. 6. open Space - Wetlands a. Mayor Anderson suggested a committee be established regarding protecting the open space and wetlands. b. Mayor Anderson moved to place the matter of how open space can be Protected on the next agenda. Seconded by Councilmember Bastian. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. 15 3 -26 -9Q l0:ls P.M. 16 City Clerk 3 -26 -90 Agenda Number E -1 Act *n by. Council AGENDA REPORT ndorserl Modified TO: City Manager ReJected.,�. Date . FROM Finance Director , RE: APPROVAL OF CLAIMS DATE: April 3, 1990 It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 243,012.61 $ 78,348.84. $ 321,361.45 Checks #5548 - #5595 Dated 03 -15 -90 thru 03 -27 -90 Checks #3959 - #4087 Dated 04 -09 -90 Total per attached voucher /check register PAYROLL: $ 181,187.75 Payroll Checks $ 9,787.86 Payroll Deductions $ 190,975.61 Total Payroll $ 512,337.06 GRAND TOTAL Attached is a detailed listing of these claims. DFF: kas VOUCHREG CI'TY OF MAPLEWOOD PAGE /6 03/30./90 15:20 51 PA. A VOUCHER/CHECK REGISTER 116 9 0 DEPT- nF 1 2A 16 13 8 2 -��W CH R 666p:. 9 0 T N TEt H 3 HEt,,K,:,:, i*...*��*...� V END-DRL-.:� 1 :4. 4 4 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 5 5 5 54 240725 6 6 5 4 :3 541-4,00 M T N N QU15120 RIATE IREASURER RJ–V—L I C EEES 1 :-77 -:7. 117 7 . . ...... .. 8 Or. en 0 -0 3 11: -19., 5 7 T R. E. R,.F !H': L: LC:��', M T:.R �: f FE E E pw 0 10 9 23 A C ........... . 24 19 I 25 12 10 55r,-;O 300800 03/15/90 G.F.O.A. 20' ...... .... BOf."JKS 13 14 154 12 51 PA. A -12-2 Q 4 0 0 116 9 0 DEPT- nF 1 2A 16 13 17 666p:. 9 0 T N TEt H CORT R E Fl A I R A IN T: E .. ...... . . ... .. .. 16 5 5 54 240725 21 17 22 18 1400 03 1 16-1 2 LIN N STA J'E D R I-Y— A A t"i Ci 23 A C ........... . 24 19 I 25 20' ...... .... T -�:��;TR ... ATE E S ER A MTR VHE L I C F E ES. 26 0 :3 0 27 21 28 22 5557 722200 03/16/90 PU B1. 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TELEF'M�sh1E 2t? .62 541 1 41 TELEPHONE 253 55 2 n., _. . ,. i... 56 r 4 3 _.. ✓n. .. ...... - c> , -. . x. ..... n :1 .. ..... ..:: ... ...n. :. .. ., r .., r..... .. ...:. ,. . .. J �� .....,,... :.:, ..,..:. . .. :; T E �,, E P' �'�E d'ti �" r 158 1 44:> ,,.. : ,... , Z ... ". r Id ;: -, . 4. 11 1 . .. _ TELEPHONE . �'y w 4 V 5() 5 : ;. . ;: ....... .: ,;: : ,: ,... _ .. : , - .: ... _W ... ..... _� _ _ . 7...E:L.E P H..LI - - 60 61 46 TELFPH�ihIE 19.54 62 N 47 TELEPHE 47.40 63 ae _.. , LELE P1.I�1E�_ �_�_-_ ,.. .. >; 65 as:. _. vv __..- n..,... .. :.. ..... .. ... ....... .....:....: ....... ....: .... .. ,.. ...., ,. ,...k...., ..,. ., ..:. .. .. ..... ... n.. ......... .:.. ..., .... '.. ::., ., : : .. :,:..'.: : . . n.. . ..:.. -. ... r i EL�EPH _ 6. ::: 66 � 50 , ,. ., 1 . . TELEP'HONE t' i 1 �T � )a : ' jl ,� �, 1.; : 67 . :: . . 68 51 • _:. . , „ . . , , :. �.W..... _ . �..::_.. .___ _,._.___,.__,....__..__..y-,�..._ __ __ _ _ .. _ .w_ _ _ _.� _. _.. -._ y .y _ _ .. y ..: 69 52 4078 90�i 100 04I'09I90 UNIFORMS UNLIMITED Uh1IF'���F�i�l� �: �1_OTH 4 53 .:5r:�.SC`� 71I 54 _ I.11 .. :r ___. +x_ -- - ,l..j L _R.M.S._ _ __ i.. �.j H. _-__ _ f 1- 1 . 77 731 55'.. . I U �i�P � c �. TH 196.00 ' 74. 0 56 U dIF��1�: `-.+ +: �fLi TH 1.e.1 ..zF 6'34.06 ;�, 57( E�--_..__,_. _._ .. _..,-___,..-_.__ ......... .. _ ...- -... _.. -.........._. ._......_... _--..._ --.._. __1.._..-,.... _..... -. _ -. _._.._-..__ W-. -.-.-.. ................__-....__.-. ,.-..__ .. - ._ _..-_........:........ _......-:....., ......-.._._......:-.._.._._.. .._._.. ....._.,._.,...._.__ .... ...__._ ._..._._.: ._. .._..-...- _..__:......__._....,n_-„_:-. ........ _,._-_-_--,---__-_..:._ . _.._.:._...____._W_- ._-_,-_-.__,..__.. ._..-.,_-__._._-. _._-..- _ --. _____----- ,..�_.__._..__._ i6 -._ w CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 03/23/90 CHECK #14263 - CHECK #14416 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL A. .21860.74 BLACKSTONE, GAIL J. 1,573.84 MAGLICH, GRETCHEN 1 840.00 SMITH, KATHRYN A. 11067.90 BERM, LOIS N. 11067.90 JAHN, DAVID J. 910.50 SWANSON, LYLE 1,102.26 CODE, LARRY J. 276.80 OSTER, ANDREA J. 11043.50 MIKISKA, WILLIAM 172.80 FAUST, DANIEL F. 2,127.57 MATHEYS, ALANA K. 1,152.30 VIGNALO, DELORES A. 1,131.50 DAVIS, LOIS 561.90 ANDERSON, CAROLE J. 1,308.68. LA .MOTTE, MARLENE 231.00 AURELIUS, LUCILLE E. 11963.59 SELVOG, BETTY 238.00 SCHADT, JEANNE L. 1,152.38 KELSEY, CONNIE L. 737.39 VIETOR, LORRAINE S. 11014.70 HENSLEY, PATRICIA A. 615.71 JAGOE, CAROL 857.90 CARLE, JEANETTE E. 989.90 OLSON, SANDRA 882.63 RONGSTAD, CAROLEE 106.75 PALANK, MARY KAY 765.10 COLLINS, KENNETH V. 21181.95 RICHIE, CAROLE L. 996.30 SVENDSEN, JOANNE M. 1,277.78 NELSON, ROBERT. D. 11880.37 FULLER, ELAINE 491.80 MARTINSON, CAROL F. 977.90 STILL, VERNON T. 11480.68 SKALMAN, DONALD W. 11552.63 FRASER, JOHN 11251.71 MORELLI, RAYMOND J. 1,506.28 STEFFEN, SCOTT L. 11558.78 ARNOLD, DAVID L. 11617.48 BANICK, JOHN J. 11490.05 BOHL, JOHN C. 11443.47 CAHANES, ANTHONY G. 11880.37 CLAUSON, DALE K. 1,506.28 MOESCHTER, RICHARD M. 11589.71 ATCHISON, JOHN H. 1,506.28 YOUNGREN, JOHN 11775.82 YANG, YING 609.90 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 03/23/90 CHECK #14263 - CHECK #14416 EMPLOYEE NAME GROSS PAY PELTIER, WILLIAM F. 11617.48 SZCZEPANSKI, THOMAS J. .1,461.41 WELCHLIN, CABOT V. 11430.28 LANG, RICHARD J. 11506.28 RAZSKAZOFF, DALE 11561.48 RYAN, MICHAEL 1,617.48 HERBERT, MICHAEL J. 11648.02 DREGER, RICHARD C. 11640.00 STAFNE, GREGORY L.' 11541.14 BECKER, RONALD D. 1,561.48 HALWEG, KEVIN R. 11737.06 STOCKTON, DERRELL T. 1,480.68 PAULOS, JR., PAUL G. 1,347.48 BOWMAN, RICK A. 11430.28 KARIS, FLINT D. 11685.08 HEINZ, STEPHEN J. 1,621.52 GRAF, DAVID M. 11574.28 THOMALLA, DAVID J. 11581.26 PALMA, STEVEN T. 1,601.40 VORWERK, ROBERT E. 11574.28 BERGERON, JOSEPH A. 1,498.28 MEEHAN, JAMES 1,548.68 MELANDER, JON A. 11579.52 SAUNDERS, SARAH 894.76 EMBERTSON, JAMES M. 1,602.68 WILLIAMS, DUANE J. 11408.22 RABINE, JANET L. 11073.90 STAHNKE, JULIE 11073.90 BOYER, SCOTT K. 11093.52 NELSON, CAROL 1,624.15 WALDT, CYNTHIA 941.90 FEHR, JOSEPH 941.90 NELSON, KAREN A. 11104.71 FLAUGHER, JAYME L. 11114.70 WEGWERTH, JUDITH A. 513.12 HAIDER, KENNETH G. 21181.95 CHLEBECK, JUDY M. 11134.70 PRIEFER, WILLIAM 11028.30 MEYER, GERALD W. 1,611.89 KANE, MICHAEL R. 1,905.56 NAGEL, BRYAN 1,314.92 LUTZ, DAVID P. 1,517.40 KLAUSING, HENRY F. 11352.17 SCHMOOCK, JOHN 17420.83 HELEY, RONALD J. 11204.30 OSWALD, ERICK D. 11475.77 FREBERG, RONALD L. 11204.30 CITY OF MAPLEWQOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 03/23/90 CHECK #14263 - CHECK #14416 EMPLOYEE NAME CASS, WILLIAM C. LINDBLOM, RANDY ELIAS, JAMES G. DUCHARME, JOHN PECK, DENNIS L. PRIEBE, WILLIAM IRISH, BRUCE A. GEISSLER, WALTER M. METZ, TERRY LOFGREN, JOHN R. ODEGARD, ROBERT D. BRENNER, LOIS J. KRUMM E L , BARBARA A. STAPLES, PAULINE JONES, LUTHER TRAVERS, DANIEL ANDERSON, ROBERT S. LINDORFF, DENNIS P. GARRY, WILLIAM HELEY, ROLAND B. MARUSKA, MARK A. SCHINDELDECKER, JAMES BURKE, MYLES R. HANNEGAN., ANDREA MILLER, SHERRAL DREGER, KARI FORD, JENNIFER RAHN , C. RENS, K. WARD, ROY G. TAUBMAN, DOUGLAS J. GREW-HAYMAN, JANET M. NELSON, JEAN HORSNELL, JUDITH A. HUTCHINSON, ANN E. DOHERTY, KATHLEEN M. BARTA, MARIE L. OLSON, GEOFFREY W. MISKELL, NANCY LIVINGSTON, JOYCE L. ROBERTS, KENNETH EKSTRAND, THOMAS G. BERNIER, SHAWN OSTROM, MARJORIE CARVER, NICHOLAS N. WENGER, ROBERT J. NADEAU, EDWARD'A. GROSS PAY 1,704.68 1,038.03 1,391.51 925.90 1,391.50 1,316.30 1,719.88 1,365.90 1,038.70 983.50 1,963.59 1,201.34 537.59 1,642.28 72.00 94.50 1,181.90 1,181.90 1,036.30 1,226.03 1,411.08 854.70 1,249.10 143.50 188.25 148.00 73..50 190.00 42.50 406.40 1,372.68 1,206.70 403.66 5.92.15 673.14 1,113.14 995.63 1,963.59 672.68 637.98 1,151.00 1,478.38 360.00 1,563.08 1,335.58 1,341.10 1,295.38 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 03/23/90 CHECK #14263 - CHECK #14416 EMPLOYEE NAME MULWEE, GEORGE W. NUTESON, LAVERNE S. BREHEIM, ROGER W. EDSON, DAVID B. GERMAIN, DAVE MULVANEY, DENNIS M. SPREIGL, GEORGE C. WEILAND, ELIZABETH PAYROLL DEDUCTIONS ICMA RETIREMENT TRUST - 457 AFSCME 2725 MN MUTUAL LIFE INS 19-3988 METRO SUPERVISORY ASSOC MN STATE RETIREMENT SYSTEM GRAND TOTAL GROSS PAY 1,225.10 1,820.48 1,225.10 1,314.92 1,225.10 1,343.50 1,195.50 1,223.64 $181,187.75 8,758.86 554.00 160.00 18.00 297.00 ------------ $ 91.787.86. $190,975.61 AGENDA ITEM Action by Council, AGENDA REPORT Endorsed,. TO : City Manager Mod.if i ed.---- -. ,.. Re j ected FROM: City Engineer Date SUBJECT: Budget Transfer --Sanitary Sewer Operations DATE: April 2, 1990 Recently Maplewood has entered into agreements with St. Paul for sanitary sewer outlets. The charges were not budgeted in 1990 because there were no estimates of'the cost. It is proposed that $10,100 be transferred from the sanitary sewer contingency account to the fee for service account to pay the bills. KGH jW TO: FROM RE: DATE: AGENDA NUMBER Actio by -Cc cel :j AGENDA REPORT Endorsed Modifies Rejected City Manager Date Finance Director RENEWAL OF CONTRACT FOR INSURANCE CONSULTANT April 2, 1990 For the past six years the City has used the firm of Corporate Risk Management, Inc., as its insurance consultant. The services they provide are outlined in the attached contract which they have proposed for renewal at the same cost as last year. This firm has provided excellent services. It is recommended that the Council authorize the renewal of the contract with them. DFF:kas .Attachment Corporate Risk Managers, Inc. ,, 7525 mitchell road • suite 109 • eden prairie, minnesota 55344 • (612) 937-8942 March, 1990 '1 7 City of Maplewood Maplewood, Minnesota 55109 Contract: CTYMPL-7-484 It is hereby agreed that Corporate Risk Managers, Inc., will perform the Property and Casualty insurance functions for the City of Maplewood, Minnesota for one (1) year effective April 9, 1990. Outline of Functions: 1.. Continuous review of exposures to loss including leases and contractual agreements, 2. Write insurance specifications, negotiate placement and renewal of coverages. Approval of the City of Maplewood would be obtained prior to coverage placement., 3. Review programs to reduce costs --improve cash flow to include: (a) Analysis of workers' compensation program, losses and premiums. (b) Consolidation of coverages, reduction in number of policies. (c) Recommend deductibles, self insurance or transfer of risks. (d) Work with safety personnel to reduce losses. 4. Assist in claims handling to include: (a) Filing claims under deductibles. (b) Establish and file property claims and handle settlements, (c) Review claims, obtain status reports, and check company reserves, 5. Reporting and Recordkeeping: (a) Prepare reports. (b) Review audits, (c) Review all premium invoices and approve for payment. _(d) Allocate premium costs to departments and locations'.. (e) Retain- statistical records on premiums, insured and uninsured losses, building and equipment values,, City of Maplewood, Minnesota March, 1990 Page 2 The agreed fee for one (1) year is $2,160 plus travel and board expenses to any location outside of Minnesota. This would be payable at a rate of $455 the first month and the balance in eleven (11) monthly payments of. $155 over the remaining months of the contract period. This contract is based on an estimated four (4) days at the rate of $540 per day. Any days over the estimated four (4) days will be additional at the daily rate of $540 per day, but not to exceed six (6) days ($3,240). Any days under the estimated four (4) days will be adjusted at the same daily rate by Corporate Risk Managers. The above-described fee does not include group insurance functions. Should the City of Maplewood wish Corporate Risk Managers, Inc. to perform the group insurance functions the fee T is separate at a rate of $540 per day, but not to exceed four (4) days, Witness: JL k:(#( Witness: CORPORATE RISK MANAGERS, INC, Title V Date CITY OF MAPLEWOOD9 MINNESOTA Title Date AGENDA REPORT TO: City Manager FROM: Finance Director RE: SELECTION OF INSURANCE AGENTS DATE: April 2, 1990 AGENDA NUMBER Action by Council. Endorsed Modified._�.,. Rejected Date Annually, when the City requests proposals for property/casualty insurance, the process involves the pre -qualification of insurance agents and the assignment of markets. This process involves requesting agents to complete a questionnaire listing their qualifications and the names of the insurance companies they represent. The completed questionnaires are reviewed to determine which agents should be designated to receive the City's insurance specifications and to which insurance companies they should be given exclusive access Questionnaires were mailed to our current insurance agent, Hadtrath and Associates, and one additional agent who had expressed an interest in providing insurance to the City. The other agent was Ekblad, Pardee, and Bewell, Inc., Which was the agent of record previously. (No agent is currently used for the City's workers compensation insurance because the. coverage is provided by the League of Minnesota Cities joint self-insurance plan which allows cities to obtain coverage without an agent. The workers compensation deposit premium is currently $124,493.) The attached questionnaires were received from the agents. As in the past, they have both indicated that they would accept a fee in lieu of a commission on some City insurance coverages. The League of Minnesota Cities Insurance Trust (LMCIT) has provided the lowest quote on coverages the past several years. If the LMCIT is,the lowest cost option again this year and assuming the premium would be about the same as last year ($171,203), the agent fees would be as follows: $4,000 Ekblad, Pardee, and Bewell, Inc. 41900 Hadtrath and Associates, Inc. If PENCO is the lowest cost option, the agent fees would be a percentage of premium at the following rates: 5% Ekblad, Pardee, and Bewell, Inc. 10% Hadtrath and Associates, Inc. SELECTION OF INSURANCE AGENTS April 2, 1990 Page Two Both agents also listed other companies that they would like to be assigned but they would not accept a fee in lieu of the standard commission for these companies. Attached is a recommendation from our insurance consultant regarding the assignment of insurance companies to each agent. I recommend that the Council approve the consultants' assignment of'markets. DFF: kas Attachment Corporate Risk Managers, Inc. 7525 mitchell road • suite 109 • eden prairie, minnesota 55344 • (612) 937-8942 March 28, 1990 Mr. Dan Faust City Administrator C ity of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Agent Selection /Assignment of Markets July 1, 1990-91 Insurance Renewal Dear Dan: It is the City of Maplewood's policy to pre -qualify agents interested in writing the City's insurance coverage. When all agents have completed the required form, selection and assigment of markets is made. Following is our recommendation based on the response to this process. First, it is important to highlight the current agents for the City's coverages: League of 'Minnesota Cities Insurance Trust - Hadtrath & Associates, Inc. United Fire & Casualty - Hadtrath & Associates, Inc, Hartford Steam Boiler - Ekblad, Pardee & Bewell, Inc. The following recommendation is made based on all agencies response to the question- nai re . Hadtrath & Associates, Inc. This agency stated they would use the League of Minnesota Cities program at a fee of 3% of the quote, not to exceed $4,900. Based on the City's current price and estimated cost for 1990-91, their service fee will be $4,900. Because Hadtraths fee is higher than the set fee offered by Ekblad, Pardee & Bewell, it is recom- mended the League of Cities market be given to Ekblad, Pardee & Bewell, It is also recommended Hadtrath be assigned the following markets: Titan Indemnity, USF&G, Illinois Insurance Exchange and State Fund Mutual for Workers' Compensation. Except for State Fund Mutual, all markets were named solely by this agency. Mr. Dan Faust March 28, 1990 Page 2 Ekblad, Pardee & Bewell, Inc. The assignment of the League of Cities program to this agency would be the most advantageous to the City based on their agreed fee of $4,000. Other markets assigned to this agency would be United Fire & Casualty (used by the LMCIT), Hartford Steam Boiler, Western National, Auto Owners, St.. Paul Companies, and Penco. This assignment of markets will provide Maplewood with the most competitive situs - ti on . If you have any questions, please call, Sincerely, CORPORATE RISK MANAGERS, INC, Craig..o seth, CPCU Risk aer CM/jp CITY OF MAPLEWOOD �. AGENCY BACKGROUND INFORMATION UESTIONNAIRE Agency name & address 2050 White Bear Avenue - Ma lewood MN 55109 Agency owner Jerome Number of years agency has been in business lad Agency 1925 E P&B Feb 1 1971 Number of full-time personnel in this office 19 Name of account executive and names and number of qualified account handlers who would service this account: Jerome • � coverage i n place for this agency $1,000,000 Present limit of errors and omissions g P Policy expiration date 01/08/91 _. Agency volume less personal lines nes and 9 health and life business for last fiscal year (cite dates): MEMO $2 100 000 List an • y professional � 9 insurance designations held by agency personnel: Jerome Ekblad C.L.U. • accounts serviced by this agency currently or within the last five (5) List any muni c� pal. years: City of ewood, 'city of Vadnais Heights, City of Pine S rin s List the municipal markets available lto this agency by line and by preference: PROPERTY & LIABILI'T'Y: 1 League of Municipalities WORKS CO1 1MP: 1) StLtf ardate Fund Mutual. , BONDS: 1) League 2) AQ3:T.TM 0W'=SU1 uto Owners 3) St. Paul MISCULANMJS . ' he nris C i t • of Maple w^od by this s agency: Services that will be provided to t �► We will helpwith recommendations check for lack of coverages -and new c=ra= when . pror- a- avai h 1 P_ Wr---% . c1- imsand 3AzQ _h o.n i n surance coverages provided to our agency accept a fee n lieu of a commission Would y i 9 the City of Maplewood? Yes No Wp_.Wi I I C- -r- mount and how it would be calculated: -nz If so, indicate the fee a _,P ' rate Risk is retained for a set fee of$4,000.00 League program as long as Corpo •e will be on a comnision. If premium in league and laced outside of league Policies p 100,000, premiumr5%. Penco we will do at a 5% fee if By Corporate Risk helps prepare 4� jtle President applications. Phone Number 777-8381 CITY OF MAPLEWOOD ,�7 q C) 6 AGENCY BACKGROUND INFORMATION QUESTIONNAIRE e.'Cd Agency name & address HADTRATH & ASSOCIATES TNC �. -- 199 COON RAPIDS BLVD, SUITE 110 COON RAPTDS; MN 5"U311 Agency owner MICHAEL HADTRATH Number of years agency has been in business SFE AGE TTS PROP-O.SA1.-ATC14EP Number of full-time personnel in this officeg-F� mn �u�r N .e of account executive and names and number of qualified account handlers who would Na-me service this account: SEE AGENTS PROPOSAL Present limit of errors ,and omissions coverage in place for this agency $3,000,000. Policy expiration date 7-1-90 Agency volumeless 1 personal lines and health and life business for last fiscal year (cite dates) SEE RESUME . List any p 9 professional insurance designations held by agency personnel: SEE RESUME serviced b this List any municipal accounts s y a currently or within the last five (5) agency y years: HAM LAKE, SPRING LAKE PARK, RAMSEY, PINE CTTY. X-ELLTTHFR T.TTTT FFORu 141XQ ! Ry SILVER LAKE ' the municipal ici al markets available to this List agency by line and by preference: SEE AGENTS PROPOSAL ` Services that will be provided to the City of Maplewood by this agency: SEE AGENTS PROPOSAL Would your agency accept a fee in lieu of a the City of Maplewood? X Yes commission on insurance coverages provided to No If so, indicate the fee amount and how it would be calculated: 3% of the League quote - NOT to exceed $4,900. - By Title_ PR S IDENT Phone Number (612) 784-9574 HADTRATH & ASSOCIATES, INC. Licensed Insurance Agents Since 1955 199 COON RAPIDS BLVD., SUITE 110 COON RAPIDS, MINNESOTA 55433 (612) 784-9574 FAX (612) 784-9572 "PROPERTY & LIABILITY INSURANCE AGENTS PROPOSAL" HADTRATH & ASSOCIATES, INC. Hadtrath & Associates, Inc, is a carry over of personnel and business from Transcontinental Brokers, Inc. Transcontinental Brokers, Inc. was established in 1975 with its primary book of business being public entity. In June of 1985, Transcontinental Brokers, Inc. was acquired by First Bank Systems. In May of 1986, new management took over First Insurance and advised the remaining personnel that First Insurance no longer wanted to be involved in public entity business and instead wanted to concentrate on insuring bank customers. As the personnel associated with Transcontinental Brokers, Inc. were and still are considered experts in public entity business, a decision was made by First Insurance to release a large volume of business back to an individual producer in order to better serve the public entity business. On April 1, 1987, Hadtrath & Associates, Inc. was formed to continue to serve the public entity business released by First Bank Systems and to pursue new clientele. Hadtrath & Associates, Inc. currently employ 6 professionals: Linda Rambo 18 years experience, licensed in Property and Casualty. Title: Office Manager Responsibilities include customer service from claims handling, binding and submitting risks to various marketing duties. Michael Hadtrath 13 years experience. Specialized in public entity insurance. Over the past 13 years, Mike has insured over 40 various counties, cities and school districts in the State of Minnesota. Also acts as a Consultant for writing business on a fee for service basis. . Licensed all lines including Life and Surplus Lines. "Property & Liability Insurance Agents Proposal" Page 2 Dale Hadtrath 35 years experience specializing in public entity business. Dale has written over 15 million in annualized public entity premium over the last 10 years. Shelly Miller Customers Service Representative Internship - University of Minnsota Graduating Spring 1990 Major: Risk Management Patti Hadtrath Accountant - Day to Day bookkeeping, data recording statement verification, discrepancies, premium breakdown etc. Greg Boynton CPA, handles corporate records and accounting, taxes etc. Currently Hadtrath & Associates Inc. have booked a volume of business to be in excess of $2,000,000. We currently utilize the following markets in the placement of municipal business: *�r l.. League of Minnesota Cities - Statewide writer of Municipal business. * 2. Titan Indemnity - Nationwide writer of Municipal business. Offered exclusively thru our office in the State of Minnesota. 3. United States Fidelity & Guaranty (USF&G) - Nationwide writer of Municipal .business . 4. Hartford Insurance - Nationwide writer of Municipal business. 5. PENCO - Nationwide writer of Municipal business. 6. Illinois Insurance Exchange (IIE) - Classic Syndicate -- Nationwide writer of Municipal business. 7. State Fund Mutual - Workers' Compensation only - Minnesota only. * Binding Authority and Small Claim Draft Authority Submit for quotation and company approval. Our office also provides, at no charge, a Risk Management review on an as needed basis. "Property & Liability Insurance Agents Proposal" Page 3 Regarding Claims - we keep complete files on all claims. We provide the Municipalities with loss runs whenever requested. In addition, we provide all the assistance possible in handling claims, including filing loss reports and negotiating with the adjusters on the Cities behalf. Claims are handled by the Agent and loss statistics by the Customer Service Representative, REFERENCES: The following is a partial list of references: City of Spring Lake Park - Insurance Provided: All Lines Contact: Don Busch Phone: (612) 784-6491 City of Ham Lake - Insurance Provided: All Lines Contact: Doris Nivala Phone: (612) 434-9555 City of Pine City - Insurance Provided: All Lines Contact: Dan Kieselhorst, Phone: (1) 629-2988 Our agency can help the City a great deal in Valuation and Appraisals. Given our. background, it is quite easy to compare property values of our various insureds' and arrive at realistic actual cash value or replacement cost values. We currently carry $3,000,000 aggregate Errors & Omissions coverage. We have never, in our personal careers, experienced a Public Entity Errors & Omissions claim against us. Current Carrier: Utica National Insurance Company Current Deductible: $1,000. "Property & Liability Insurance Agents Proposal" Page 4 REGARDING RENUMERATION: Only the League will provide net quotes. Therefore, we would be willing to quote the. League Program net. This will reduce all League Property and Casualty premiums by 10% and reduce League Workers' Compensation premiums by 2%. We would then charge a fee for service. This fee for service includes, but is not limited to the following: Marketing Risk Management Claim History & Filing Department Breakdown of Premiums etc. We are positive that you will be completely satisfied with our services and marketing ability. We know the City will save money by electing us as our Agent. Thank you for the opportunity to serve you. If you need any additional information, please give us a call. Sincer ly, fich el L.Hadtrat President Hadtrath & Associates, Inc. (612) 784-9574 MLH/llr TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT TITLE: DATE: INTRODUCTION MEMORANDUM City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Revision Cope Avenue and Atlantic Street Con/Spec Corporation John Lillie, Jr. Lillie Veterinary Clinic March 21, 1990 Action by Counoll, Endo -i eed.. Modified....,,, Rejected........,. Date The applicant is requesting approval to revise the site plan for the Lillie Veterinary Clinic. This change requires revision of the conditional use permit. The proposed changes are: 1. The parking spaces previously proposed north of the building would be relocated closer to the east lot line in an area that was proposed for parking -lot expansion. The area north of the building would be left as green area. 2* The building would be reduced from 2,684 square feet to 2,382 square feet, and the basement would be omitted. 3. The landscape plan has been revised. Three trees previously proposed east and southeast of the building would be moved to the north side of the building. (Refer to page 5.) BACKGROUND 11-13-89: The City Council granted approval of this CUP. Condition One required "adherence to the site plan date-stamped September 2 5 , 1989011 DISCUSSION The proposed revision will improve the property by allowing a more spacious yard area north of the building while still meeting all parking codes. RECOMMENDATION Approval of the resolution on page 7 revising Condition One of the conditional use permit to read as follows (additions are underlined and deletions are crossed out) 1. Adherence to the revised site plan, date-stamped 4."0% March 15, 1990. Minor changes maybe approved by, the Director of Community Development= `l 7 Attachments I* Location Map 20 Property Line/Zoning Map 30 Site Plan reduction Ce Applicant's letter dated March 14, 1990 50 Resolution 6e Revised plans date-stamped March 15, 1990 bw 0 u 0 u bw O s b E a `4 b a 1 b og", SHERWOOD GLEN LAND USE PLAN 3 Attachment 1 - _ -fro 1.55 . J � o Q • V ' �• t 4.09 czc• 1 v C6)20 �.30 o•c19 co 3"0) K tie OT � � � • `• �r;►Q gyp^ .•-,'.-"� 5p N 1 N . • 0e�, .� •� •. MAPLEWOOD RACQUE •�'AND FITNESS CLUB 18 �. .. • �,:.:r NIL _ a" • • ,$ 1.44 ac. .. t 4 a i+ 1,0 ,f 0 Eseess fak*�• ;-� 8 0 oto r IAO K ruto�ae+ /iii/1 a .� •...., •• ... • a.�: �+..: YAC aC. (10) + t HANDY HITCH0 d on - ���::: ow. �T Its in % �rr 14 88 &,vF PROPOSED s, 11 1 Iv TM (12.) LILLIE VET I 1 O :aa:�. aCLINICt::• H/�lt3LUND DENTAL CLINIC N 123 3 ::::::::r: :z• •:• :.: 75 MUNW11110 AVEONU USA �0 40 114 i 1 1 i{ iIEL I I2 I tr 3o i 17 1 16 119 : 2. � , 24 i � � •� i � 12 $,1 76� 1 R82 9� ti I 12 4 12 6 2 12 01 � 1 _ .� .r ••Jul � st w 24 3s _ so (34, IR 3A AP Poe ' t S 1 1 13 1211 10 Itoje7 6 5{ 4 1 3 2 {t 1 • 15 140 2 to I Sol { 8 S ' �) (� 1 i z 161)1 ds)l I (17)1.� (�� (��� • �� lC�l I (� 1(4� ( 1 r (2a1) i 1 I v� -- i �)�. �afi� •1'-`•,! • ! • -a ••• • .. 3� AVE. .3 all • PROPERTY LINE ; #/ ZONING MAP Attachment 2 A el y -28 vd.e ,�t' - 0 6A - lot tA Aft, -,qqq hbqhh, APPROVED SITE PLAN Iva 'PROPOSED REVISION 1. &7; 4.0' lol PREVIOUS TREE LOCATIONS ' I -0 NEW TREE LOCATIONS •L MT SITE PLANS 5 Attachment 3 � CON/SPEC CORPORATION 1809 NORTHWESTERN AVENUE STI LLWATE R, MN 55082 (612) 430-1500 FAX (612) 430-1505 March 14, 1990 Mr. Tom Eckstrand City of Maplewood 1830 East County Road B Maplewood, MN 55119 Re: Lillie Veterinary Dear Tom: Enclosed please find five copies of the revised Lillie Veterinary Clinic plans. We have made a couple of changes, due to the cost being too high on the project. First, you will note that the basement has been eliminated. We have also made the building smaller by 302 s.f. The materials we had proposed originally for the exterior elevation are still the same. Lastly, you will note that we have eliminated the parking in the front of the building and shifted it to the east side. Please confirm our city council date of March 26, 1990. It is important that we are on the agenda so that our construction start of April 2, 1990 can be met. Sincerely, Scott M. Nettell Project Manager SMN/bah Enc. 6 Attachment 4 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, John Lillie, Jr. initiated a conditional use permit for a veterinary clinic at the following -described property: That part of Block 13 and the vacated street and the vacated alley in said Block 13, Clifton Addition, according to the plat thereof, on file and of record in the office of the County Recorder, Ramsey County, Minnesota, described as follows Beginning at the southwest corner of said Block g g 13; thence north 0 degrees 44 minutes east, along the east line of Atlantic Street, a distance of 277.04 feet to the southwesterly line of proposed street; thence south 60 degrees 46 minutes east, along said southwesterly line, a distance of 398.26 feet to the west line of the east 10 feet of Lot 7, said Block 13, Clifton Addition; thence south 0 degrees 44 minutes west, a distance of 82.53 feet to the south line of said Block 13; thence west 350 feet to the point of beginning, excepting therefrom the following described parcel of land: That part of. Block 13 and the vacated alley in said Block 13 Clifton Addition, according to the plat thereof, on file and of record in the office of the County Recorder, Ramsey County, Minnesota, described as follows: Commencing at the southwest corner of said Block 13; thence north 0 degrees 44 minutes east, along the east line of.Atlantic Street; a distance of 277.04 feet to the southwesterly line of proposed street; thence south 60 degrees 46 minutes east, along said southwesterly line, a distance of 228.09 feet to the point of beginning of the parcel of land to be described; thence continuing along said southwesterly line, a distance of 170.00 feet to the west line of the east 10 feet of Lot 7 said Block 13, Clifton Addition; thence south degrees 4 4 minutes west a distance of 82.5 3 feet to the 0 g , south line of said Block 13; thence west, a distance of 210.00 feet; thence north, at right angles to said south line of Block 13, a distance of 53.78 feet; thence north 29 degrees 14 minutes 24 seconds east, a distance of 128.16 feet to the point of beginning o WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was approved by the Maplewood City Council on November 13, 1989. 2. The Maplewood City Council held a public hearing to consider a revision to this permit on 1990. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also 7 Attachment 5 • considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above-described conditional use permit be approved on the basis of the following findings -of -fact: 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 wouldg enerate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: i. Adherence to the revised site plan, date-stamped March 15 1990. Minor changes may approved by the Director of Community Development. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. 3. There shall not be any outdoor kenneling of animals. 4. There shall not be any noise from barking inside the building that can be heard at a residential property line. Adopted this day of , 199 . Community Design Review Board -5- Minutes 3-27-90 Be* Lillie Veterinary Clinic Site Plan Revision -- Cope Avenue and Atlantic Street A representative for the applicant explained the request to revise the site plan for.the Lillie Veterinary Clinic. Gary Gerke, 1252 Cope Avenue, commented on the proposed parking spaces and asked if more trees could be planted on the south side of the property. The new tree locations were discussed. Boardmember Anitzberger moved approval of the • resolution revising Condition One of the conditional use permit to read as follows: 1. Adherence to the revised site plan, date-stamped March 15, 1990. Minor Changes may be approved by the Director of Community Development. 2. The landscape plan shall be revised to add two additional Black Hills*Spruce south of the proposed future building expansion area. Boardmember Erickson seconded Ayes --Moe, Erickson, Anitzberger, Holder, Molin 6. DESIG"EVIEW 7. VISITOR PRESENTATIONS Gary Gerke, 252 Cope Avenue, discussed the difficulties of repairing ro top equipment un' on buildings and asked if p g the Board woul consider a be er location for them. A board member re ponded the and does not control where these units are ocated, b t can require screening for better aesthetics 8. BOARD PRESENTATIONS Boardmember Anitzb g reported on the March 26, 1990, City Council meeting. 9. STAFF PRESENTA ONS I a. Code ndment - Build i g Cost to Determine Staff Revie of Construction P oposals The board members and staff discussed this proposed I TO: FROM: SUBJECT: LOCATION: APPLICANTS: OWNER: PROJECT TITLE: DATE: INTRODUCTION f MEMORANDUM 'Anon by CounOil tj City Manager Thomas Ekstrand, Associate Planner Endorsed. Conditional Use Permit and Modif ie .:a: Community Design Review Board Appeal Southlawn Drive and Beam Avenue Rejected Chili's , Inc . and Richard Schreier Date49 Richard Schreier Maplewood South Shopping Center and Chili's Restaurant April 2, 1990 SUMMARY 1. Chili's, Inc. is requesting approval of a conditional use permit (CUP). The permit is for a 5,995 -square -foot, 217 - seat Chili's Restaurant. The zoning is BC(M), Business Commercial (Modified). Code requires a conditional use permit for restaurants in BC (M) districts. 2. The property owner is requesting approval of a 24,540 - square -foot, one-story shopping center. 3. Staff is recommending several changes to the Community Design Review Board approval. BACKGROUND Frontage Drive 1979: The City developed a concept plan for a common driveway on the south side of Beam Avenue, between Southlawn Drive and White Bear Avenue. (See page 9.) Proposed.Site 5-12-86: The City Council approved a CUP for a Bonanza Restaurant with a strip center. The City did not require this development to connect to the frontage drive south of Beam Avenue. 6-13-88: Council terminated the CUP for Bonanza Restaurant because they decided not to build in this location. 3-5-90: The Planning Commission recommended approval of the Chili's CUP, provided if: 1. Cooking odors be controlled so not to be noticeable to the adjacent residents. 2. There be no excessive noise from the parking lot, especially after 10 p.m. ( the full recommendation on page 21.) 3-6-90: The Community Design.Review Board approved the building exterior for Chili's. They tabled action on the site plan and building elevations for the retail center. 30W217-90: The Board approved the site plan and building elevations. The only change required was to require a rock -faced concrete block on the rear of the building. (See the motion on Page 24.) . CUP CRITERIA FOR APPROVAL Subsection 36-442 of the City Code requires nine standards for approval of a CUP. (Refer to the resolution on page 28.) .ALTERNATIVES 1. Approve the developer's plan and conditional use permit. 2. Approve the staff plan and conditional use permit. 3. Approve a compromise, such as allowing a second curb cut, but requiring connection to the frontage drive. 4. Deny the conditional use permit. DISCUSSION (Parking lot noise, frontage drive/curb cuts/parking concern, building design) The developer's plan tries to maximize rents and leasable area in the retail center. Staff designed the plan on page 10 to minimize noise to the neighbors and traffic on Beam Avenue, This plan also improves traffic circulation within the site and be the adjacent businesses on the south side of Beam Avenue. The easterly end of the retail building would have less visibility on the staff plan. This space may be better suited for office or clinic use. Parking Lot Noise one of the main concerns of the residents is late-night noise from the parking lot disturbing their sleep. Chili's would be open until 11 p.m. on Sunday through Thursday and until 12 p.m. on Friday and Saturday. These are similar to the hours that the City approved and later denied for the Pizza Time Restaurant. Condition four of the City's standards for a CUP is that "The use would not involve any activity,...that would be ... disturbing or cause a nuisance to any person or property, because of excessive noise...or other nuisances." Noise could be a problem because of the late hours proposed and 2 the larger -than -normal number of cars expected for the Chili's Restaurant. Westbound cars leaving the easterly parking lot must drive around the back of the retail building to Southlawn Drive to exit onto Beam Avenue. This would create late-night noise for residents. The proposed revision by staff of the site plan on page 10 would allow traffic to go in front of the building. This plan would also allow the City to require the property owner to block off the rear parking lot. This should be done if a late- night noise problem develops. Frontage Drive, Curb Cut Connection and Deletion This site is needed to connect the common frontage drive to Southlawn Drive. This drive was intended to reduce the number of driveway openings onto.Beam Avenue and allow for better traffic circulation between businesses. Fewer curb cuts mean fewer traffic conflicts. Completing the frontage drive would improve access to Mr. Schreier's center and the Chili's Restaurant from the other businesses on.Beam Avenue. It would also reduce some of the traffic at the Sherwin William's intersection. Cross - easements have been recorded for the Share Clinic, Hirshfield's, Sherwin Williams and Merrill Lynch. Connecting the parking lot to the frontage drive would also allow the City to delete the easterly curb cut. This would be less convenient for Chili's customers using the easterly parking lot. Connecting the parking lots, as shown on page 10, would solve this problem. Without this connection, customers in the westerly lot will exit onto Beam Avenue and go in the -easterly drive when the westerly lot is full. This would increase traffic conflicts on Beam Avenue. The City's Transportation Plan recommends a centerline -to -centerline separation between drives on arterial streets like Beam Avenue .of 200 feet. 150 feet is a minimum. The proposed drives are 114 feet apart. The County has approved the curb cuts. The City must also decide whether to approve them. Parking Shortage There may be a parking shortage with this project. Staff counted cars at the new Roseville Chili's Restaurant on County Road B-2 and Fairview Avenue. It opened in mid January. 82 cars at a slower time (1:30 p.m. on Saturday, February 17) and up to 135 cars during "happy hour" (7 p.m. Friday, March 2). This is also a peak shopping time for the retail center. This may develop into the situation we had with Best Buy when they were located in the present Pier One Imports building. Maplewood code only requires 69 parking spaces for Chili's. Staff is not recommending any additional parking since the project meets code. The Council should consider the potential effect of this increased traffic on the noise and traffic circulation problems described above. Building Design The westerly end of the shopping center should be 100% brick to match the front of the center. The community Design Review Board's recommendation is a continuation of the materials on the back side of the building. The side.fac-ing Southlawn Drive should be as attractive as the side facing Beam Avenue. RE.COMME NDAT I ON 1. Approve the resolution on page 28 approving the conditional use permit for a restaurant. .Approval is subject to the following conditions: a. Compliance with the approved site plan and related conditions. The Director of community Development -may approve minor changes. b. This permit shall be subject to review after one year from the date of. approval, based on the procedures in the City Code. C* There shall be no excessive noise from the parking lot, especially after to p.m. If the City receives any complaints about late-night noise from the parking lot, City staff may require that the property owner close of f the rear parking lot after 10 p . m. The owner may appeal this decision to the City Council. In this case, the City shall hold a public hearing on the CUP. if the barricades do not work, the City Council may amend the CUP to limit the hours of operation. 2e Revision of the Community Design Review Board e s approval to require the following: a. The westerly end of the shopping center shall be face brick to match the front of the building. b. The applicants must revise the site plan as shown on the Staff's Alternative Site Plan to: (1) Remove the easterly curb cut on Beam Avenue. (2) Provide a frontage drive connection to the Share Clinic site. (3) Separate the shopping center from Chili's to provide a connecting drive between the proposed east and west parking lots. c. The property owner shall grant an easement for use of a common driveway through the parking lot before a building permit is issued. The City Attorney must approve the easement. 4 CITIZEN COMMENTS Staff surveyed the 23 surrounding property owners within 350 feet for their comments on--othis requeste of the nine replies, one was in favor, one had nO comment and seven objected. The.one surveyin favor came from the owners of the Merrill Lynch • � ++ development, but was building. They stated The parcel needs deve p , under the impression that easement over all lots south of Beam would be extended to Southlawn Avenue." six of j the letters objecting to this proposal are from � Surrounding homes. one is from the Share Clinic ( adjacent lotto the east)e The residents are primarily objecting to the bar and late-night noise se from people talking in the parking lot, car. doors closing and engine noise. (Refer to the letters on pages 14 through 18 . ) The Share Clinic objects to the building location, the potential use of their parking lot by Chili's and unscreened trash areas. (Refer to their letter on page 19.) CHILI 7.1 Attachments 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Frontage Drive Concept Plan 5. Staff's Proposed Site Plan Alternative 6. Chili's letter dated January 51 1990 7. Chili's letter dated February 131 1990 8 Survey replies from neighbors (five) 9 Letter from United Health Care Corporation owner) dated February 5, 1990 10. Planning Commission motion dated March 5, 11. Design Review Board motion dated March 27, 12 Resolution (Share Clinic 1990 1990 . 13. Maplewood Retail Center and Chili's building elevations date-stamped March 9, 1990 (separate attachment) 5 Interchange VadnaIs Heights 1 l` 1 mayor collector+ . f 3Ak • B V .S C Of •, O �r -.. r Co.' Rd. C •• n.. •.r S C ,� , • . . I r --• _ R __ m� RL LSC._ :J, '` os ----. l ,r - BW e�1lasEft1 �. ..�.....� � • 4pft l os Major colle vi: 4C Am �N a amW A r O bb r O v 0 E Orinrinil HAZELWOOD LAND USE PLAN 0- ' 6 Interchange major Munn wm=mK=v L cotlectol --T i — LJ O roo<..— m-Inor-a.rtorial Interchange �• s 0 m 0 :c 3 N Attachment 1 00 • •� 40 i .s / C • Cr ; p� M 'b 1� Z N y _ fI 4. / , . 0, 04 00 ra.. �\ j A 140J% GOOD O r• O r. ♦ �• fTj ZIft + ;,• is J• r s feew �r (21 Cad 0 01 of tAa I.1Ap,. � 9s lot:& /93:s. •. •W .. • ss9 0� 1 t19.is' .. �Z.9L' • *We W9 03- 67 F, Co"Ar6v +`'• •r t~• �AVO ` • Y, � -ft It� D • ♦ 1 • . C . •.• :� 1w �. r t t *7'•ro�t •perf.• •p• •♦�•+ ♦Vt 'C• opium i%*060 4•a•'•• �� A rr ••'-•i . f! • IOU Jn •O +00 Q ' 1 • ZS .FW 70 .76 ac , 4 •t so j�001•' •�• .. 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M 4ias. .9a ac• � dlO�t. � .3 46 ..� • ZG) Lsl W) (3�� (2�� C (sU•• �t7i C aC 1 Bio 0 0 o to o�o� .. `s 3 • se :io � i X90 iso �za �i c!e s sa td st �Z•� SJ 127 Ar �1 DO y (• !'t!f 1) -1E Ro as.l.. are •tNsw9 It.s.�oso eve : O ! t* M.wee do awspebeft aw go ��4m4p� 400W s1 �-. - • - — -•� r•� oso Gnome 53 00� b : • ...a S = Share Clinio-P.tiD In H = Hirshfield"s SW = Sherwin Williams i.. V Property Line/Zoning Map ,7 - Attachment 2 l\ SITE PLAN 8 Attachment 3 r• 4040. 4040 • ' V t '�. • �'1 .•' `40,40: , 4 ��, • tt • 40 'DO ago • O-• •• •• 40r•��� • . ••� j 40 0 1 • �••• !� ~,00.• . • 4040•; a .,;� �,�:�� ac • 4040 w.. • • •W• 0.40 — N 0,400 1 ..� ........� 4040 00.0 • •• 400 "Ob vCC . " j 40 40 .• o _40 40 r�• N.. 4040 •4040 _.__ . 0;,400 • ': • • doe LAJi t • -, -� • 4040 � • a • f"'• ,4040 � , � • • e • • 0• • .. • •;.• • • • • 4000 � . .• _ 40_40. •-- E t 4040 �....�..-4040 • ' .- ' '• 41 •� •� J 401 • • C am • • • i 4040• 0400 • .• .L 4W 40� a ale- W 4040.. _. 4040. Q1 • '' 1C1 • • �' • ' O • + • ..�.�.� . ;4040.. 4040 • Or •. 11.11 _�+„ • • ••• •• t.a.j 4040. • •• �••. •• .—. 4040 4040 . +• �O • � 1.4w0.of • •- do 40M 44MM ..•.�� •.M A •.••s 1' W •� 4040 � • AA f ••• •• 4040. • ;t • .r . 400 • • 0400 • • • •: •.� • • A 40 is( _� 4040., .,� � • • _ � . O 4040 • � •�♦ • •• � • • • • • • •: � r 4040 • • • .� • ' • • • r- • - • • • � �•. •40 4000 • • -• • • • • 1 •r• • r • • - • • • , •� , . • . � �. �. - 0400. � • , - NMV I.t.: 1 5 Attachment 4 4040 �' �: • 4040 . , I BEAM AVENUE {To MP�T1M+ sx�) Staff's Proposed Site Plan Alternative 1b Attachment 5 ® SUETOW AND ASSOCIATES, INC. ARCHITECTS AND ENGINEERS 2345 RICE STREET SUITE 210 ST. PAUL, MINNESOTA 55113 TEL. 612/483-8701 January 5, 1989 Mr. Geoff Olson, Director Community Development Maplewood City hall 1830 East County Road B Maplewood, Mn. 55109 Re: Chili's Restaurant BA #8952 Dear Mr. Olson: The following additional information has been prepared at your request in compliance with the requirements for Conditional use Permit Applications, We hereby request, on behalf of our client, approval of the enclosed Conditional Use Permit Application (dated 1/4/90) since it fulfills the following criteria set forth by the City of Maplewood. (1) The proposed use is in compliance with the City's comprehensive plan as it isP lanned to contain a sit down restaurant operation. (2). The establishment and maintenance of use will not be detrimental to the public health, safety or general welfare. Its use will encompass that as described in sentence (1) above. (3) The proposed use is planned to be located, designed and maintained in compliance with the requirements and nature of the' BCM Zoning District in which it is located. The building is designed to be visually compatible with adjacent contiguous retail development that will occur simultaneously or in the near future. (4) This new use is expected to improve* property values since some nearby parcels do not contain building structures. (5) The proposed use is planned not to be hazardous, detrimental or disturbing to present and potential surrounding land use as described in sentences (1) and (3) above. (6) The vehicular traffic development by this use is expected to generate vehicular traffic on local streets typical for a restaurant building of this type and size. Street access, parking stall numbers and ease of vehicular movement have been addressed in the enclosed Site Plan. Vehicular movement problems will, thus, be avoided. (7) Essential public services, provided by the City of Maplewood, will serve this site. (8) There will be no excessive additional public service requirements or facilities required nor created by the establishment of this use upon this site. .411 Attachment 6 l/5/90 Page 2 (9) The existing natural site features will be preserved where possible and, especially, at the periphery of the property, where views from adjoining uses would originate. (10)Minimal adverse environmental effects, if any, upon adjoining land use will occur with the development of this facility and its adjoining grounds. We look forward to the Planning Commission's review and approval of this project. Please advise if you have any comments or questions regarding the above. Sincerely, BUETOW & ASSOCIATES, INC. Randy L. En el Vice President cc: H.L. Forehand Bill Potts Dick Schreier 12 SUETOW ANO ASSOCIATES, INC. ARCHITECTS ANO ENGINEERS 2345 RICE STREET SUITE 210 ST. PAUL, MINNESOTA 55113 TEL. 612 483-8701 February 13, 1990 Mr. Geoff Olson, Director Community Development City hall - Maplewood 1830 East County Road B Maplewood, Mn. 55109 Re: Chili's Restaurant BA #8952 Dear Mr. Olson.- The lson: The following is an Appendix to our two "Letters of Description" dated January 5 and January 17 1990: 1. Chili's is a Family Restaurant with a "low liquor mix" (liquor constitutes 18% of sales). 2. Hours of operation are to be: Sunday - Thursday 11 AM - .11 PM Friday and Saturday 11 AM - 12 PM. 3. Employees employed in a normal shift will number 18. Please advise if you have any comments or questions regarding the above. Sincerely, BUETOW & SSOCIATES INC. Randy L. gel Vice Presi int PC'*, H.L. Forehand Bill Potts 13 Attachment 7 k1 +F 1F «�/ '�•"v>�•'•'t�i fir Ct~� i't l� ,<A., •�: �` aYi1 ' `Y . • . . . . •'- in .favor of this proposa-1 because :: i• , a I • have no .comment. • .� .ems=� .. • ,, t. = i •` +{� �y , 4 I f obi ect to .this ..proposal because A2 A ... •� you obj ect, describe br Y." ;� •:.. ..1., s a iJti', `. ,,}.,.y elow or draw on the enclosed map • � • • ,4-� � �,- ,•��,-• ; , any. changes that would make this project acceptable. If no changes would makelit, it, • acceptable, • • , f�:: � : ��� . � .� 1;�� .�.;� •f �• ��='' be .• devel . ptable, how should this property oped? Y •, to •+ { •. I•, ,,�~~ fir•r , ; �. •`'Project: Chili a Use i• •.' jt•y;;� ��,-.�.�'� .r 1.f,'{.' , , e z'avorse side if more .. rOOn1 S neaded . Equal Opportunity EMMoycr - • � .. .� .•,•t• :.. �r t. --'tri- .<<.0 •t C�� � `- � • J' , • •rte �r•� �• 10 40001L (Z 40 Ip r� r .000, (f�� {.�'�/ mow• Attachment 8 , i • �3 '' i•; - I am in favor of this proposal because I have no comment, J �•' I object o this Proposal because P r Cv�nct C - iv t� If you object, els below or draw o •.•�•t� } _ � n the enclosed .map. any changes that would make this project acceptable. If no changes would make it acceptabl how shoo d t s property e developed? y,yy - P �Q� e � � -� t � �.,L Pro e c t • . , ,. .•, ,�+C- -` ►�. PLO 4 L�L..�. C Chili s� Use reverse side f more room is 'need -d IOL L w Equal qnx)rtwilty Emplover -oo6AA�Xa Cil f •�,, it .0061 t,. 7 t L ap - CJ t. .00 2106 •t •�•: , . �• jai < • L . ./ s Tim & vanchulee Scl anke - 1835 Rada tZ Ave. E. Maplewood, MN 55109 "r� r Myr Y. `� �Il J- %7. i ii ',{ jam+ •. ••' _ , IIIICCi�1�1� • • � ,.� tf:• �. •. '~,•a� -,. ori •_��: VO 15 l/s2.�L6�e P_eau%w.�-s o� d�� a-tza haq 14-1ko w.e L4A- ay�ann, 0.Qvo aU�.e 0 U kLLPPL e.�e..0-e_ (1.40r�c� use op ra,� amcl ry�LCL' a�.�4 �eu vt �1 U Lc,)cv�l�s��`i.�. �l—s Pvwf�� c��� rv��n 4i W 600,�t6Yv� 4-b 0. ('S�-�2.f 0..1 1� 'V-Ovu I/ I 0, GtA cA.. Q 08cS C l)J QdZ) -170-c79�1 LOLL., 4/goo �I4S•,1�,C '' �t.eA�se� wa:G6' Ani lt�,Lr�_ G%rt•1. — .16 AV o �' t�l•��t,Z , rte, � �.. � � � � r CZ... Q.., S III ie. e. c SL LL �+• ro, c c- S _ Ilk clotdo .� • Q 1 !Vol kw - 73 CaCC. r ,,;-e vtk-Q- �. c /I rva a e .50i V/N. C), 1"Ob , vis. • a :ry 41, G , I ? 7 � i Loos ((doe 60io -�o a- �,,v i,, 16K( "-*I%el &I. re -C.Se7 eelp 4 t , . c. Gc. c 16( c /Z o 1 x, t r, let z - r w .:: I am in favor of this proposal because +r �^'' .../ -•. 1 ..fir,• }. ; }- - .,' •' , . '! . .. s • I • • '.. ' . - (Pro) ect s s) •• .Ire 'R] ►i•, •:Y .. .•�iJ a, /• , �; •,: • - • ,• Y K '•iJ`'!.r !✓ ..{,t.••7 , !., I have no .- comment. t,. , •. s +•. • obi L• e t to' this proposal b cause r%� �c.a, .`� .� }' 2.:- ,-►,� '� �'•� If, • you object, descrsb elow or/,araw on the enclosed map a.'L• a= • _'�, zany changes that would make this project ect acce . •. .a,-. p table . If no ,., ;;-�frf,•..~,changes would make . it acceptable, how should this property M y • J : +: " �� . a b e developed?" a., _. •• 61-0 . , �; � �: ,. • . i • , r Chili' �^'' .../ (Pro) ect s s) •• .Ire 'R] ►i•, •:Y .. .•�iJ a, /• , �; •,: • - • ,• . Us reverse Si m~--�s needed . -- //J yq... � n • �•a',•• •� V�• •�• ;..�.••!�!� A'Ia•Z{11 V'••e•��,y1 �•�i•4pit N •w�- • ••J ,• •t a.ia • 1 • _. •• 61-0 . , •» .J y2'I / • T+�•�ry%-j•!•��•rt ttt•r�•'i't•'a/Mn,.f /♦•� - j1' i[',,yl - " • +`. � 1•,,;�•.L �►,-*'j�r �!��' " '�! •�+�SI_,•� � • :e•%•i ,:. '•'i �a•�a M1 1�1. •• � t •�� '-i r .•,r. i1 a) i �''.rt .� i +. a I . t � i / ` •� •. ♦ � �/ � • s • •• ��J+ . 1 �. � � • �. - I= • r• •s • t I- • _ 1 .t ` :+•j •y� ` ¢�: . At' ':. ••�ry •Y la •: tr i,� •� •. •' '.�•; .. •,•,f• t,•, /.. :..•It , � /'J � ;. . , .- � r' .•• iii III • ' � iai ♦ •. {. / • •a� / �• ♦ fir., � �„i� � ~ . ••• . � - ! • • .. • I • • • � w •1 ` � • its 2� J . -er -j� •• 7 t i7I `�C•7i,,,�.�+ •i: j •.,;, • �,•�� .; 1 ya •.� • �.••' `sta ''' • S = �4L 1lt• A' • • M. ip '• , sr s J •f•.• l.aC.. ;�,r• Ia +{ .�f �•� •••'•a. µ•'•Vi A•Y'/• • S. -/., a - is :•Z . .• ,t�. }.,• ,lot tolop 411' Ali je w r ter• , .. •77toleyOP t );roseowy '�i��c 1 �� 9 "Irn �t F LW ow 4t t . FEB TWO JT United Healthcare Corix)rafion February 5, 1990 Mr.. Geof f Olson, AICP Director of Community Development City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Olson: In response to your survey on the application the City has received to develop property and issue conditional use permit to contract a Chili's restaurant in the location adjacent to the Maplewood Share/Aspen Clinic, I submit the following opinions: 1. The site plan did not clearly show the location of the Chili's building, but it' appears to indicate that the building location could have a different set back than the Share Clinic building. This would obstruct the view of the Clinic from patients or potential patients traveling east along Beane Avenue. This would not be acceptable to Share. 2. The location of Chili's on the site, with the two entrances and exits off Beane Avenue and the layout of the parking could stimulate the use of Share's parking facilities rather than having to park and walk any distance in the parking lot. There are only 183 parking stalls f or the ent ire p r o e c t , Chili's and the retail shopping center. During the busy season, usually during holidays, the lot will be full and potentially some what diminished in capacity, due to snow buildup and the likelihood of the "Projects" customers utilizing Share parking is possible. A site plan in relations to the Share property would be. helpful. 9900 Bren Road East P.O. Box 1459 Minneapolis, Minnesota 55440-8001 (fill) 936-1300 19 Attachment 9 Page 2 February 5, 1990 3. Since the proposed location of the rubbish/trash receptacles were not clearly identified on the elevation drawings and site plan, I'm making the assumption it is the southeast corner of the building facing the clinic. This would be in the site line for patients., doctors and nurses viewing from the windows on the west side of the clinic. Typically, this is an unkept area even in the best of facilities. Should the location continue to remain, Share would prefer not only a fully secured and constructed building screening walls but also bermed with mature (10' ++) evergreen trees planted to screen the area and any unsightly area along the .east walk of Chili's and the shopping center. It would be helpful if I could have more time to review a full model or site drawing of the site plan and building in retrospect to the Share site and building. I have taken a visual walk through, however, this can be deceiving. I would appreciate further opportunity to discuss" -these matters. Sincerely, Ge rge Solnitz Director of Support Services cc: Pam Shaw Share File 20 Maplewood Planning Commission -2- Minutes 3-5-90 5, NEW BUSINESS a, Conditional Use Permit: Beam Ave. (Chili's). Secretary I? etar Olson resented the staff report for this requested conditional use permit for a 5,995 -square- , foot 217 -seat Chili's,Restaurant on a property zoned foot, business commercial . (modif ied) . There is also a 6 180 -square -foot commercial strip center proposed on- site which would abut Chili's on 2' ' the south and the developer is requesting approval for 19 fewer parking p spaces than code requires, commissioner Rossbach asked staff whether in the past any barricades have been installed on any public property to control traffic flow, Secretary Olson p Y responded that the only instances he was aware of were cases where a chain or knock -down barricade was positioned for access by emergency vehicles only. Dick Schreier, reier 2125 Desoto Street, developer for this r o'ect commented on the history of a.frontage road on p hreier said he has received this property. Mr. Sc verbal approval from Ramsey County for two curb cuts on Beam Avenue. Mr. Schreier said there would 0be adequate parking ,with with approval of the requested parking variance. B�11 Potts, , repre g sentin Chili's Restaurants of Dallas, Texas, gave a presentation. Randy Engel, representing the architect for this g p oect discussed changes made in the site plan, building design, and parking Pr'� � and traffic concerns. Boardm ember Rossbach said since the zoning district to g the south is single dwelling residential, he felt this requestedproposal osal would change the character of the p surrounding area. Randy Engel responded that man _. Y of neighboring lots to the south are much larger than the g g the minimum lot size and would allow considerable distances from this development. In addition, Mr Engel pointed to the increased tax benefit to the p , community from this development* Commissioner Fischer moved the Planning Commission recommend approval of the -.resolution approving a condi use permit ermit for a restaurant, subject to the following conditions: 21 Attachment 10 Maplewood Planning Commission -3- Minutes 3-5-90 (1) Adherence to the approved site plan and related conditions. (2) This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. (3) There shall be no excessive noise from the parking lot, especially after 10 p.m. If any complaints about late night noise from the parking lot are received, City staff may require that the rear parking lot be closed and barricaded after 10 p.m. The owner may appeal this decision to the City Council. In this case, a public hearing shall be held on the CUP. If the barricades do not work, the City Council may amend the CUP to limit hours of operation. (4) All cooking odors must be controlled so as not to be noticeable to adjacent residences. Commissioner Cardinal seconded Commissioner Larson moved to amend Item (3) of this motion to read: (3) There shall be no excessive noise from the parking lot. If any complaints about late night noise from the parking lot are received, the City Council may amend the CUP to limit hours of operation. Commissioner Sigmundik seconded This motion passed Ayes--Axdahl, Barrett, Gerke, Larson, Rossbach, Sigmundik Nays --Cardinal, Fischer The Commission then voted on the amended motion. This motion passed. Ayes ---Barrett, Cardinal, Fischer, Larson, Sigmundik Nays--Axdahl, Gerke, Rossbach Commissioner Rossbach moved the Planning Commission direct the Community Design Review Board to consider the following option on the site plan: 22 Maplewood Planning Commission -4- Minutes 3-5-90 Take the retail space.and move it as far back on the property as possible, making only an.emergency vehicle and service lane behind the retail space, in that way pushing all of the parking into the front of the building creating a larger buffer for the property owners in the rear. Commissioner Gerke seconded Cs 7. This motion passed. Ayes- Axdahl, Barrett, Cardinal, Fischer, Gerke, Larson, Rossbach, Sigmundik Commissioner Axdahl moved the Planning Commission direct the Community Design Review Board to consider the adequacy of the parking spaces if reduced by the amount requested in the variance, also reviewing the ratio of employees to'patrons which are indicated by the location of the parking lots. Commissioner Cardinal seconded This motion passed. VISITOR PRESENTATIONS Ayes--Axdahl , Barrett, Cardinal, Fischer, Gerke, Larson, Rossbach, Sigmundik COMMISSION PRESENTATIONS a Council Meeting: February 2 , 1990 Commissioner Rossbach r orted on this meeting. b. Re esentative for a March 12 and 15 Council Meeting: Wil 'am Rossbach 8. STAFF PRESENATIONS a. Secretary n said he did not know at this time if there would e another Planning Commission meeting in March and sk commissioners to keep that Monday evening en, i ossible. b. Secre ry Olson inf ed the commissioners that seven peop e have applied the Planning Commission va ncies and intervie will be scheduled for the f' st meeting in April. 9. ADJ RNMENT seting adjourned at 9:35 p.m. 013 MINUTES OF THE MAPLEWOOD COMMUNITY.DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA MARCH 27, 1990 1. CALL TO ORDER Chairman oe called the meeting to order at 7 -p.m. 20 ROLL CALL Donald Moe Present Tom . Deans Absent Marvin Erickson Prese Roger Anitzberge Pres t Michael Holder Pre ent 7:01 p.m. Daniel Molin Pr sent 3. APPROVAL OF MINUTES a* - March 6, 1990 The minutes we am nded, adding a nay vote for Boardmember M to. em 5. a. and correcting the spelling of ulkner onstruction in Item 6. a. Boardmembe Molin move approval of the minutes.of March 6, 990, as amend Boar----- h11_-%er Erickson seco ed Ayesall 4. APPROVAL AGENDA Boardme er Holder moved approval f the agenda as submit ed. Boardmember Anitzberger seconded "� Ayes --all 5. UNFINISHED BUSINESS a. Chili's Restaurant and Maplewood South Shopping Center - Southeast Corner of Southlawn Drive and Beam Avenue Richard Schreier, owner -applicant of this project, said he felt the site plan he is submitting at,this time is the best site plan possible. Secretary Ekstrand said he has added a condition to the staff's recommendation concerning the brick required for the exterior of the building. Secretary Ekstrand said he was in agreement with the sign plan proposal as stated in the staff report. 24 Attachment 11 Community Design Review Board -2- Minutes 3-27-90 Richard Schreier explained the lighting plan proposal and the curb cuts application, as approved by Ramsey County. Mr. Schreier said that due to a request from a neighbor who did not want any unnecessary height on the building, he would request that.a parapet not be required on the rear of the building and that he would add screening around the mechanical units. Mr. Schreier said the rear exterior would be a block that is scored or embossed to look like brink and would then be painted. Mr. Schreier said the block could be painted any color and could match any size brick. Secretary Ekstrand said he was concerned with how the rear of the building would look to the neighbors to the south and that a wider brick band should be applied to the rear of the building. Earl Steinberg, 1795 Radatz Avenue, said he would like a lower building profile with no parapet. The board members discussed with Mr. Schreier the possible traffic problems which will be generated by this development and whether a frontage road should be a required condition of approval. Boardmember Holder moved approval of plans date-stamped March 9, 1990, for the proposed Maplewood South Shopping Center and Chili's Restaurant, subject to the following conditions: 1. Approval of plans by the Community Design Review Board does not constitute approval of a building permit. 2. The trash dumpster shall be screened within an enclosure with a 100 opaque wooden gate. The enclosure shall be a color and material compatible with' the building. 3. The wooden -fence screening units for the roof -top. mechanical equipment shall be installed if the parapet does not provide sufficient screening when viewed from any direction. 4. An erosion control plan, acceptable to the City Engineer, shall be submitted prior to the -issuance of a building permit for erosion control during construction. 25 Community Design Review Board -3- Mi 0 3-27-90 5. Parking areas shall be striped in a double -stripe "hairpin" design and all bituminous areas shall have continuous concrete curbing. Parkingdots shall be kept in a continual state of repair. 6. Employee parking spaces shall be posted as such. 79 If construction has not begun within years ears of . approval, Board review shall be repeated. 8. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. 90 If any adjacent property is disturbed or property p Y irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. 10. Grading, drainage and utility plans shall be subject to the City Engineer's approval 11. The landscaping plan is approved for Chili's as shown on Attachment 11 of the report dated March 22, 1990, and as shown on the plans for the retail center, but shall be revised for staff approval providing for: a. One additional green ash shall be provided along Southlawn Drive in the southerly green area and one more also along Southlawn Drive in the northerly green area. The proposed ash along Beam Avenue shall be moved in accordance with the placement of the pylon sign so not to obscure the sign. b. The tree for Chili's in the northeast corner of the site shall be deleted and replaced with an evergreen tree to be added to the proposed landscaping along the east lot line. c. Additional ash trees shall be provided along the south lot line for a tree spacing of 30 feet on -center. d. A row of evergreen trees along the east lot line to provide additional screening for the trash area. 26 Community Design Review Board Minutes 3-27-90 We All overstory trees shall be at least 2 1/2 inch, B and B. fle All green areas shall be sodded* 12* All required landscape areas shall be continually and properly maintained.. All required plant materials that die shall be replaced by the owner within one year. 13. Reflectorized stop signs and handicap parking signs shall be provided. 14e All public boulevard that is disturbed due to this construction shall be restored and resoddedo 150 Proper building addresses shall be installed, Subject to the approval of the Fire Marshal* 16* The signage plan is approved as submitted and described in the memorandum dated March 22, 19909 17* ..Approval of a conditional use permit for Chili.'s by the City Council* 180 The building exterior shall be continually and properly maintained. 19e An in -ground sprinkling system shall be installed for all landscaped areas* 209 The applicant shall provide a monetary guarantee, in a form acceptable to staff, in the amount of 150 of the estimated cost of any site improvements that are not completed by occupancy* The applicant shall also provide staff with proper documentation, to be approved by the City Attorney, which allows staff access onto the property to finish work that may not be completed by occupancy* 21. The brick -pattern concrete block shall be The substituted with rock -face concrete block* color of the block shall be subject to staff approval, but the gray - color proposed is acceptable* Boardmember Erickson seconded Ayes --Moe, Erickson, Anitzberger, Holder, Molin 27, CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Chili's, Inc. initiated a conditional use permit to construct a restaurant in a BC (M) , business commercial (modified) district at the following -described property: West 150 ft. of the North 390 ft. of the SW 1/4, Sec. 2, T 29N, R 2.2W, lying north of Radatz Avenue; subject to Beam Ave. and except the West 33 ft. thereof taken for Southlawn Drive. East 100 ft,, of the West 250 ft. of the North 390 ft. of S -W 1/4 Sec, 21 T 29N, R 22W. Lying North of Radatz Avenue subject to Beam Avenue. East 100 ft. of the West 350 ft. of the North 390 ft. of SW 1/4., Sec. 2, T 29N, R 22W, lying north of Radatz Avenue, .subject to Beam Avenue. East 100 ft. of the West 450 ft. of the North 390 ft. of SW 1/4, Sec. 2, T 29N, R 22W, lying north of Radatz Avenue, subject to Beam Avenue. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on March 5, 1990.. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on April 9, 1990. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above-described conditional use permit be approved on the basis of the following findings -of -fact: 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, 28 Attachment 12 general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic .,congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and -sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects* Approval is subject to the following conditions: 1. Compliance with the approved site plan and related conditions. Minor changes may be approved by the Director of Community Development. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in the City code. w 3. There shall be no excessive noise from the parking lot, especially after 10 p.m. If the City receives any complaints about late-night noise from the parking lot, City staff may require that the property owner close off the rear parking lot after 10 p.m. The owner may appeal this decision to the City Council. In this case, the City shall hold a public hearing on the CUP. If the barricades do not work, the City Council may amend the CUP to limit the hours of operation. Revision of the Community Design Review Board's approval to require the following: 1. The westerly end of the shopping center shall be face brick to match the front of the building. 2. The site plan shall be revised as shown on the Staff's Alternative Site Plan to: a. Remove the easterly curb cut on Beam Avenue. -29 b. Provide a frontage drive connection to the Share clinic site. c. Separate the shopping center from Chili's to provide a connecting drive between the proposed east and west parking lots. 3. The property owner shall grant an easement for use of a p p Y _, common driveway through the parking lot before a building permit is issued. The City Attorney must approve the easement. Adopted this day of , 1990. 30 �tion b�, COn �,ci]. tI AGENDA REPORT Endorse . Mod.ified To: City Manager Michael McGuire �� . ��. eJ eeted .�....- From: Chef of Police Kenneth V. Collins 4 Pp Subject: A lication For Liquor License - 01ive Garden Date Dater April. 4, 1990 Introduction Paul A. Stein has made application for an intoxicating liquor license at 1749 Beam Avenue. The establishment will be operated under the name of The Olive Garden Italian Restaurant. i Background I have s oken to Mr. Stein and found that he has had a great deal of exper fence in restaurant management in Minnesota.a.s well as other states. I explained our ordinances.to him, and he felt he would have no problem complying with them. The normal closing time for,the Olive Garden will be 10:0.0 p.m. Recommendation At this time I have found nothing that would prohibit Mr. Stein from holding a liquor license in the City of Maplewood. Action Requ i red Application for intoxicating liquor license to be reviewed by the City Council for. their approval or denial. KVC:js cc .City Clerk ' Liquor File 90-004340 CITY OF MAPLEWOOD FOR. IN'-OXIC�AMGHQUOR LICENSE APPLICATION THIS APPLICATION SHALL BE SUBMITTED IN DUPLICATE, Please do not use initials. whoever shall knowingly and wilfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In- answering the following questions "APPLICANTS" shall be governed as follows: For a Cor- poraton one officer shall execute this application for all officers, directors and stockholders. Fora part- nership one of the 'APPLICANTS" shall execute this. application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED Paul Andrew Stein_ as General Manager' 1' I' (Individual owner, officer or partner) for and in behalf of General Mills Restaurants , Inc. On Sale �{ Liquor License to be located at 1749 Beam Avenue, hereby apply for an ! g Maplewood, MN 55109 • The Southeast Quarter of the Northeast'Quarter.of Section 3, Legal description: Township 29, Range 22, Ramsey County, Minnesota in the City of (Give address and legal description) Maplewood, t3'' Coun of Ramsey, State of Minnesota, in accordance with the provisions of Ordinance No. plewood 95 of Maplewood. 2. Give applicants' date of birth 17 June 1958 (Day) '(Month) (Year) 1 S. The residence for each of the applicants named herein for the past five years is as follows: 92 Meadow�.Cr.,S., Burnsville, MN, 55337,• 5805 Oakwood Dr. Apt C Lisle Ill. 1008 Parcus Rd. S.E.. Huntsville, AL. 572-F Turnberry...Ii1.ysL.,.�wpo�PW-g. Vim;—?3602 36 Brittany Lane Fairfield Ohio 4. Is the applicant a citizen of the United States?_.._._y s If naturalized state date .and place of naturalization__ If it co ration or partnership, state citizenship including naturalization of each. officer or partner. g . 5. The person who executes this application shall give wife's or husband's full name and address..._ Rhonda .Lee Stein, 92 Meadow(',,Cr.':S., Burnsville, MN 55337 6. what occupations have applicant -and associates in this application followed for the past five years?., Restaurant Manager f rive purpose of. corporation.�._0File • name and address of all officers, directors and stockholders and the number of shares held by each: See " Attached List -of Officers ; and Directors (Name) (Addren) (City) If incorporated under the laws of another state, is corporation authorized to do' business in this State? Yes__. Number..of. certificate of authority 21822 If this applikation -is for a new Corporation, include a certified copy of Articles of Incorporation and ' By -Laws. 8. On what floor is the establishment located, or to be located? Ground Floor 9. If operating under a zoning ordinance, how is the location of the building classified? - B11 -s, eas. _ C'nmmerr i a l Is the building located within the prescribed area for such license ? Yes 10. Is the establishment located near an academy, college, university; church, grade or high school ? No State the approximate distance of the establishment from- such school or�churc ._... 11. State name and address of owner of building General Mills -Restaurants, Inc v . 6770 Lake : E1lenor Dr . , Orlando ,- * Fla . 3 2809 ' _ has. owner of building. any connection, directly or in directly, with applicant? -Applicant is employed bv_ owner of' -building -- 12.. f'-building12. Are the taxes on the above property delinquent? No 18. State whether applicant, or any of his associates in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so, give date and details None 14. Has the applicant, or any. of his associates* in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for No any violation of such laws or local ordinances; if so, give' date and details I. 16. State. whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor. Law violations or any crime in this state, or any other state, or under Federal Laws, and if iso, give date and details No 16. Is applicant, or any of his associates in this application, a member of the governing body of the municipality in which this license ' is to be issued?' -No=-= If so, in what capacity? 17. State whether any person other than applicants Ihas 'any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, and if so, give names and details Yes- General Mills Restaurants, Inc is owner of furniture., fixtures and eauinment in the premises_.___ 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota?_. Give name and address of such establishment 19. Furnish the names and addresses of at least three business references, including one bank refer- ence Brian Ludwig,, 7617 Bristol Village Curve, Bloomington, MN 55438 (612-829-7371) Kimberly Cross, 4550 Glendale -Milford Rd., Cincinnati, Ohio 45242 (513-733-9666) Doul Cashman, TCY Bank,'12751 Nicoll.et Avenue, Burnsville, MN 55337 (612-890-3040) 20. Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner which will expire December 31st of this year? Give number of samp.-074 80 (store license) 21. Does applicant intend to sell intoxicating liquor to other than the consumer? No 22. State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam - tiling device and apparatus, or permit any gambling therein No 2s. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishment?_____._. Yes ' 24. State trade name to be used The Olive Carden Italian Restaurant, #200 25. State name of person that will operate store. Paul Andr ew_S Jn 26. Give Federal Retail Liquor Dealer's Tax'Stamp Number_ PP S;_ rrTN 59 12191. 27. If off sale license is being applied for, do you Intend to deliver liquor by vehicle?N.....-. If so, state number of motor vehicle permits issued by Liquor Control Commissioner for current year 28. If you are building a new. bcffl g for the parposes for which this application is being made, please t submit plans and specifications with this application. Financing of the construction of this building will be as follows See Attached Affidavit of Source of Funds 80. Furnish a personal financial statement with this application. If A partnership, furnish financial state- ment of each plartner. 31. Give description of type of operation if this is an on -sale license application (i.e. whether cock- tail lounge, nite club, restaurant, etc., specifying capacity by number of customers and any other pertinent data) Full service res raurant:.with seating for 330 guests serving full course meals at' ' all 'times and alcoholic beverages. • ■ $2. what previous experience hsve you had in the operation of the type of business described in the answer to No. 31 above Applicant has eight years of experience as a restaurant manager. Employed with Pizza Hut for two years (1982-1984)1, Bennigan's for five years (1984-1989), and joined General Mills Restaurants, Inc./Olive Garden in April,'1989 330 Applicant, and his associates in this application, will strictly comply with all the laws of the State of Nfinnesota governing the taxation and the sale of intoxicating liquor; 1 s and regulations promulgated by the Liquor Control Commissioner; and all ordinances of 4municipality; and I hereby certify that I have read the foregoing questions ,aridr a e rs to said questions are true of my own knowledge. Y Subscribed and sworn to before me this ts;gsature of Applicant) �. j/ 1.1.'1i�1•/:%�%/��/.�.'1,A1 iL,.4. it rt ..r.t•/,."!L/�Fr'•. f.''2� t cwt.. NoTfny Pur -01 ip -;.... `` t ..,.,•r Y C .1 n........ y { tly 71missi/1{' THIS APPLICATION MUST BE ACCOMPANIED WITH YOUR CHECK FOR THE FIRST LICENSE PERIOD. : ` I REPORT ON APPLICANT OR APPLICANTS BY POLICE DEPARTMENT This is to certify that the applicant, or his associates named herein have not been convicted with- in the past five- years for any violation of Laws of the State of Minnesota, or Municipal Ordinances rebating to Intoxicating Liquor, except as hereinafter stated. MAPLEWOOD POLICE DEPARTMENT Approved by .---- _ 'I t1e. REPORT ON PREMISES BY FIRE DEPARTMENT This is to certify that the premises herein described have been inspected and that all Laws of the State of Minnesota and Municipal Ordinances relating to Fire Protection have been complied with. MAPLEWOOD FIRE DEPARTMENT. Approved by.: Title. CITY of HyuPLEWGUD .1830 E. County POad 8 i Naplewood, Kin,nesota 55109 APPLICATION FOR SUNDAY LIQUOR LICENSE l t Paul Andrew --Steirl doing' bus mess at 1749 Beam Avenue , under the business name of General Mills Restaurants, Inc. d/h/a Tb O ive Ga en Italian -Restaurant , hereby make application for a 1 icense to sell liquor between the hours of 10:00 A.M. and 12 :00miSundays ht on Sunda . g Y I Ihereby certify that steals are served, and will be served on Sundays, at ' y this location, • .that there is table seating capacity for 30 or moreersons at one time and that t I presently hold on sale liquor license, issued by the City of Maplewood. Signed, Name Paul Andrew .Stein i U?_ - S _ Mendow_Circle South Address Burnsville, MN 55337 • The seating capacity at the above is 330' Date: 2-28-90 License Fee is $200.00 per year. (License year is from Januar 1 thru January December 31) LICENSE FEE PAID REMI PT N0. • .LICENSE N.O. V..•••.• Kim 11. t I IL meat hso "I I We fhda- dial I i I i a. a Is am I I a a I Is I Iliad a 11f1 1. Im.41 1,11111 • KNOW ALL PERSONS BY `111 ESE PRESENTS, That General Mills Restaurantsq Inc. d/b/a 011 ve. Garden #200 as principal— and FI remen s- Insurance ny,.of. Newark, New Jersey as surety arc, held and firinly,bound unto the MUNICIPALITY OP Maplewood' in the County o Ramsey amm-meamem ammmmmde� ---- mem-Dollars,-- 11 sun, of Three Thousand and 00 0 amemem statts pfminilesota, in the pton-_9 _/ j_ lawful money or aw, United States to be paid to said niunic1p-ality for its benefit and for the benefit elf gill persons suffering da'; nua-ges'by reason of the breach or the conditirJns hereof, for which payinent well and mors and legal r6l a severally, truly to be niade we bind ourselves, our heirs, succes., t tives, jointly nd. firinly, by these presents: r1jr!, CONDITIONS OF THIS OBLIGATION ARE SQCH, '11int whereas said principal— lin s Been licensed, for the cerin of two years from the Ist day of Apri 1 1990 by the Governing Body of said municipality to sell intoxicating tion described as follows, to - liquors as defined b law retail only for co'nsun ion "ON '111B ITEMISE 1749 Beam Zvenue-, Maplewood, MN 551'T9' at in •said in'6'nic''ipality, at which preiniscs said principal control.2— and'operate-L.a, On Sale Liquor Establishment Jis defined by law: NOW THE, RE FORE, If said principal * —shall (a) obey the laws relating to such licensed business-, pay to said inunicipality when due alM shall l taxes, license fees, penalties and other charges provide.d b.v law: (c) N SALE" of shall..- in the event of nn� violation of theprovisions of any law relating to the retail "0 i n t ilenting liquors, forfeit this bond -to said municipality; (d) shall pay to the extent of the princil)al 0 '11; 0 lie ►violation ofany provisions anloo nt heareof any damages for death or injury caused by 'rre ulfingfr'mt of law relating thereto, '11115. OBLIGATION SHALL Blt,'CONIE VOID; 011113011WJSI-' IT SHALL BE AND ISL MAIN OF FULL FORCE AND EFFECT. Witness our li I ands and seals t1lis 27th ay of--.- February SiqwV� ealed, and Deliver in the Presence of • General Mills Restaurants, Inc* a 011 -iv -Garden #200 (Seal) E; tr (Seal) pri cipal Firemen's nsura.nce Com. any -of Newareal) z oe ew As to surety John 'S.'Fo I er, At orney-i n -Fact ACI�NOWLED AIENT OF PILING, PAL Countersigned by: Fo ndividual esident. M• so eat State of Minnesota, Ise, Cour ty of M 7 19 190 Oil this day of before nie, n not.ary public widiin and for said county, appeared I C Signed tll(_1*1S,1l111e ofh____principal herein, and stated that to me known to be the person signinryn, own free will and accord. at IGNA Rlr 111• ITHLIC OR I tl A- C I—s*I*A— T1�I,Ulf ILANks A/V If 3 a I M FOR C;nRPORATION . FLORIDA State of Orange County of t On this- flay of February _ 19 9___4 , hefcire' me�uppearrd �. E. Charlene Fauley to me personally known, who, being duly sworn, dirt say that �he is the Assistant Secretary hf theGenera I' M�t�tls,Aes�_ahrants:, Inc that the seal affixed to the foregoing in. strument is the copornte scid of said corporation; that said instrument �ti as signed and sealed On 'behalf of said coporation. by authority of its Ronrd of.Directors, and said E. Charlene Fauley acknowledged said instrument fo be the free nct and deed of said corporation. NOTARY PUBLIC. STATE OF FLORIDA: AMNA fNI Ur Nurmiy I,vi.ttJc% c I :It (IMCIAL MY COMMISSION EXPIRES: FEB. 14. 1993: » •ONDitD 7H'RU NOTARY PU9Ue. UNDIERWRITURds ` + �_. �. :�,U'rARl.�i. �:TA;.tf► (,.K sr o. 0111CH '1 t1'IJ; 1►H ILk-NKI ' • 1 .; ACT{NOWIoEDGATENT OF SURETY FLORIDA ;., _ . State Of County of Orange On this -27th riny of February , 104.Q_, before me Personally nppeared John- S. -Fowler to me personally known, who being by me duly sworn, did say tlh, lie is Att.orney•in-Fact of the____ Firemenis. Insurance—Company of -Newark __NP-w_Jer_se%t_ that the seal affixed to the foregoing instrument is the corporate seal of that corporation and that said instrument «•as executed in behalf of the corporation by nuthority of .its' board• of, directors, and 'sold John S. Fowler' neltnowledked said instrument to b the free'act and deed of said corporation. S1GN.1TU1tF: UI NOTAll ! ulft.l p1t 0 f1141t UF('II;IAL .,+ "�~ NoTARIAL STAMP 01; SF:AL(Oil OnIF•It •r-'ITX 011 FAN}i� t ly cornmission L-pires April 13, 1993 The foregoing bond, together %vit'h 'the surety thereon, is hereby approved"this day of 11 a Of the N1111iicip'llit1► of •` Attest: :... f Clcrlt. •. By Ik Nc o < I �.. �' ft. �"' ire a. $ to w 14 _ 44 w p o tJ 7 •a u (1) O e) T U U 1 �•' Firemen's Insurance Company of Newark, New Jersey 180 Maiden lane, New York, New York.10038 GENERAL POWER OF ATTORNEY Know ali men by these Presents, Th -it the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed., and by these presents does make, constitute and appoint JOHN So FOWLER ,. LONGWOOD , FLORIDA its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to GALL OBLIGEES provided that nob and or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of t TWENTY MILLION (20,000,000) DOLLARS M • is ranted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by This Power of Attorney g g the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called sand held on the 20th day of February, 1975: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company. be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the • Secretaryor an Assistant FIREMEN'S INSURANCE COMPANY OF NEWARK; NEW JERSEY, bonds, undertakings and all contracts of suretyship, and that an Assistant Vice President, a Secretan Secretary he, and *that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship- to which it is attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these Ixesents to be signed by one of its Vice Presidents and attested by one of it.s Assistant Vice Presidents this 1st day of May, 1985. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By Robert W. Adler, Sr., Assistant Vice President STATE OF NEW YORK SS.. COUNTY OF NEW YORK Michael J. Beernaert, Vice President On this Ist day of May, 1985, before m.e personal.ly came Michael 1• Beernaert, to me known, who. being by me duly sworn, did depose and say that he is a ,Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. TA . �• / pueoc . • . ETHEL TARANTO %''•••••''�``'•' NOTARY PUBLIC. State of New York No. 24-4663117 Qual. in Kings County Commission Expires March 30, 19136 CERTIFICATE I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY.OF NEWARK, NEW JERSEY, a New Jersey cOrporatio n, DO HEREBY CERTIFY that the foregoing .and attached Power of Attorney remains in full ,force and has not been revoke(i; and furlherm(�re that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 27th (fay of February ,19 90 �r Iamts M. Keane, Assistant Vice President 21 BOND 4315K Printed in U.S.A. Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that LIBERTY f GENERAL MILLS, INC. U . S . AND Name and ...MUTUAL CANADIAN SUBSIDIARIES address of P,0—, BOX 1113 Insured. L MINNEAPOLIS, MN 55440 is, at the issue date of this certificate, insured by the Company under the policy)ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may ha issued_ -it the ceruncata uxpuatmi uatt, lid Vur1.1111uuuo v, t7malluQu 1211119 yVu VV1J1 uw I1vullvu 1e vvVvlcayv 1J ----- you will I not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty Mutual XX Insurance Group THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: ' CITY OF MAPLEWOOD A As It 1830 E. COUNTY RD. "B" • CERTIFICATE MAPLEWOOD, MN 55109 DARYL F. IRLBECK HOLDER -► AUTHORIZED REPRESENTATIVE L J 2/22/90 my MINNEAPOLIS DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS772 R/3 i CERT. EXP. DATE TYPE OF 0 CONTINUOUS POLICY LIMIT POLICY ❑ EXTENDED NUMBER OF LIABILITY ❑ POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIA 31LITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS..I Ea. Ace. Bodily Injury By Disease COMPENSATION Pot. Limit Bodily Injury By Disease Ea. Person General Aggregate -.Other than Products/Completed Operations RGI -641-004021-22 590009000 (U . S. Products/Completed Operations Aggregate 12/31/.90 RG1-641-004021-11 5,0009000 i JI I (CANAD IAN) Bodily Injury and Property Damage Liability 2 29 0 0 0, 0 0 0 per occurrence ❑ CLAIMS MADE Personal and Advertising Injury U Q RETRO DATE per person/ 2, 0 0 0, 0 0 0 organization � W Other MEDICAL EXPENSE — $109000 PER OCC. M OCCURRENCE 0 LIQUOR LIABILITY IND. CONTRACTORS, CONTRACTUAL L IAB . , SPECIAVEXCL. ENDORSEMENTS COMPREHENSIVE FORM, BLANKET VENDORS O� ❑ OWNED EACH ACCIDENT - SINGLE LIMIT - B.I. AND P.D. COMBINED m ❑ NON -OWNED EACH PERSON Q Q EACH ACCIDENT EACH ACCIDENT --t ❑ HIRED OR OCCURRENCE $ OR OCCURRENCE W I-- 0 LOCATIONS) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS: OLIVE GARDEN #200 -it the ceruncata uxpuatmi uatt, lid Vur1.1111uuuo v, t7malluQu 1211119 yVu VV1J1 uw I1vullvu 1e vvVvlcayv 1J ----- you will I not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty Mutual XX Insurance Group THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: ' CITY OF MAPLEWOOD A As It 1830 E. COUNTY RD. "B" • CERTIFICATE MAPLEWOOD, MN 55109 DARYL F. IRLBECK HOLDER -► AUTHORIZED REPRESENTATIVE L J 2/22/90 my MINNEAPOLIS DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS772 R/3 i -100000 TCF ,BANKING AND SAVINGS. F.A. SAVINGS ACCOUNT VERIFICATION TO: NAME Paul A. Stein or Rhonda L. Stein ADDRESS 92 S Meadow Cir Burnsville MN 55337 ACCOUNT # 4197036661 7198015941 ACCOUNT TYPE Savings Checking DATE OPENED 06-15-89 .6-15-89 PRESENT BALANCE $845*23 DATE OF DEATH BALANCE (If Applicable) BY TITLE ���C/,y'S e,("SLezd( SUBSCRIBED AND SWORN BEFORE ME THIS,21 DAY OF '" 19 C/0 AAL A& It. CONAAN NOTAW "INNESOTA DAKOTA COUNTY My C . issinn Expires. Ian 22.19995 �..• ON A^ Ani►^ A^ . A ^AAAAAAAAA"14 ,r NOTARY PU IC;.-•' ,--'`` .r .i r� 546 (5/87) r + orn VAC '50 _ .._. ..........._....... mer+vswcx.•cxs..s-I�..............-S.Y..:. �...__...r.. _-n.�-.-.�.�wr^'Y.r+.,.��...�+w.+.. • . rti rr�.�. II- l ilii - _-�••_•_ ..,.! -......o�.n.�v...•.++•••�a+..ws+u+wu►,-+� +::wwaaa+Oga�rs.rrrt4llwl/irtsr Car Loan. X5,500.00 11,500.00 General Mills Restaurants, Inc. General offices 6770 Lake Ellenor Drive 1990 PO.. Box 593330 February 19, Orlando, FL 32859-3330 (407).851-0370 City of Maplewood 1830 E. County Road B ...Maplewood, Minnesota.55109 RE: on -sale Intoxicating Liquor License General Mills Restaurants, Inc. d/b/a The olive Garden'Italian Resaurant 1749 Beam Avenue Maplewood, MN 55109 I hereby swear and affirm that I, Paul A. Stein, in making appl ication for the above reference license,, have no. other interest in another l.xq or estaVE shment FURT4EP.,�FIAN�qSAPYH NOT Paul 4zstei�IW General ManagerAAA .�, DOUGLAS M M"JIOM NOTARY PU8t DAKOTA CouN1Y . I qty • • . ExpIrts,lan. 221! Sworn to and Subscri i day of )'e _h 1990. Notaryblic State 6 Af ,fit A) County of My Commission Expires : c,,, Red Lobstere The Olive Gardenc.; AFFIDAVIT OF SOURCE. OF FUNDS STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, a Notary Public, personally.appeared E. Charlene Fauley, who, after being duly sworn, testifies and. states as follows: 10. She is Assistant Secretary of General. Mills Restaurants, Inc., d/b/a The Olive Garden Italian Restaurant of Orlando, Florida. 2. General Mills, Inc., is the parent corporation of General -Mills Restaurants, Inc., and it provides all funds and monies for its acquisitions from internally generated sources. 3. Its operating account is replenished by General Mills, Inc., month,by month based upon a projected requirement furnished each month by General Mills Restaurants, Inc. 4. All income from the* Olive Garden Italian Restaurant operations are deposited in a General Mills, Inc. account since General Mills Restaurants, Inc. is a wholly owned subsidiary of General.Mills, Inc. 5. General Mills Restaurants, Inc. has purchased a site located at 1749 Beam Avenue, Maplewood, MN 551090 The consideration for said. transaction will be obtained from the operating account referred to in paragraph 2 above. 6. The total estimated expenditures for construction of the restaurant at 1749 Beam Avenue, Maplewood, MN 55109 are: Land (Purchased) $ 5251000.00 Building/Design/Site Improvements $1,156,000*00 'Furniture, Fixtures, & Equipment $ 380,000.00 Total .., .$2 , 061, 000.00 FURTHER, AFFIANT SAYETH NOT: { E. Charlene Fauley, Asst. QlAc. Sworn to and Subsc ibed before me this o� day of 1990* , Notary Public - State of Florida My Commission Expires: NOTARY P UBLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES; SEPT. 10, 1993. OONDEO THRV NOTARY PUBLIC UNQERWnITER9. OLIGARI.FRM Address all official correspondence to any of the Corporate Officers below to: C:\REPORTS\GMRI.LST P.O. Box 593330, Orlando, Florida 32859-3330 Rev. (2/15/90) OFFICERS AND DIRECTORS GENERAL HILLS RESTAURANTS, INC. DRIVERS LICENSE ISSUING PRESENT SOCIAL SECURITY U.S. NAME TITLE NUMBER STATE RESIDENCE BTRTHDATE NUMBER CITIZEN Joe R. Lee Chairman of the Board L000-496-40-458 FL. P. O. Box 38 12-18-40 253-58-8031 Yes President, Director Gotha, FL Ronatd N. Magruder .Executive Vice President M.263-734-47-382 FL 1866 Bear Creek Cove 10-22-47 323-42-9919 Yes Director Longwood, FL .Jeffrey J. -O'Hara Executive Vice President 0600:430-47-42:0 FL 5980 Chesapeake Park 11-20-47 291-46-3806 Yes. Director Orlando, FL, Blaine Sweatt, III Executive Vice President S300-060-47-363 FL 8936 Crichton 10-03-47 266-80-0927 Yes Orlando, FL James D. Smith Sr. Vice PresidentS530-444-43-095 FL 5961 Masters Blvd. 03-15-43 387-42-8199 Yes Controller Orlando, FL' Richard D. Halterman Senior Vice President H436-744-42-096 FL 8629 Vista Pine Ct. 03-16-42 287-38-3135 Yes Orlando, FL Kress T. Muenzmay Senior Vice Presi.dent M525-51.8-46-189 FL 1829 Hidden Pine Ln. 05-29-46 172-38-9730 Yes ,Apopka, FL Frank E. Ruble, Jr. Senior Vice President R140-265-39-163 FL 557 Whippoorwill Ln. 05-03-39 521-46-5794 Yes Oviedo, FL Robert E. Waggoner Senior Vice President W256-765-31-445-556 FL 110 Spring Valley Loop 12-05-31 485-32-8556 Yes Treasurer Altamonte Springs, FL George T. Williams Senior Vice President W452-318-42-299 FL. 651 Lake Catherine Dr. 08-19-42 254-60-5625 Yes Secretary Maitland, FL Joseph I. Goldstein Vice President G432-489-45-336 FL 9169 Bay Hill Blvd. 09-16-45 264-74-3810 Yes Assistant Secretary Orlando, FL Martin N. Goldsmith Vice President G432-574-42-390 FL 317 Dorchester 10-30-42 050-34-1982 Yes Assistant Secretary Longwood, FL Charles D. Clingman Vice President C452-1.44-47-301 FL 5313 Foxshire,Ct. 08-21-47 291-40-7270 Yes Orlando, FL Stephen E. Helsel Vice President H424-785-45-205 FL 4815 Lincoln Ave. 06-05-45 277-38-4899 Yes Orlando, FL Mark A. Jones Vice President J520-541-52-121 FL 926 Choke Cherry Ct. 04-01-52 159-44-7443 Yes Winter 'Spr i ngs, FL Joseph R. Lapaglia Vice President 033-42-0949 MA 925 Bonita Drive 03-21-53 033-42-0949 Yes Winter Park, FL N. Gerald Mollerup Vice President M.461-627-45-123 FL 187 Canter Club Trail 04-03-45 409-74-8050. Yes Longwood, FL -see reverse side- Bryce A. Norwood Vice President N630-061-40-288 FL 2001 Hidden Pine Ln. '08-08-4.0 034-30-5522 Yes Apopka, FL James E. Salmon Vice President 5455-445-46-329 FL 452 Whispering Oak Ln. -09-09-46 428-88-8738 Yes Apopka, FL Linda R. Sampieri Vice President S160-536-48-868 FL 316 Stimson St.. 10-08-48 304-54-6790 Yes Orlando, FL David C. Sevig Vice President S120-163-43-327 FL 2033 Stillwood Pl. 09-07-43 501-44-4393 Yes Windermere, FL Roger K. Thompson Vice President T512-731-45-415 FL 956 Stonewood Lane 11-15-45 336-36-5949. Yes • Maitland, FL Richard J. Walsh Vice President W420-750-52-181 FL 110 E. Lauren Ct. 05-21-52 482-68-5615 Yes Fern Park, FL John E. -Webber Vice President W160-465-41-329 FL 321 Barclay Ave. 09-09-.41333-34-5115 Yes Altamonte Springs, FL Darlene -G. Woolsey Vice President W420-1.67-44-510 FL 7732 High Pine Road 01-10-44 477-48-7272 Yes Orlando, FL Robert F. Faisant Assistant Treasurer F253-745-261-820 MN 2655 Jewel Lane 10-24-37119-28-1194 Yes Assistant:Secretary Plymouth, MN Eugene P. Preiss Assistant Treasurer P620-237-676-830 MN 17005 24th Ave., N. 10-28-30 468-32-5546 Yes ' Plymouth, MN Ivy S. Bernardson . Assistant Secretary B656-347-760-655 MN 30 Lawn Terrace 08-22-51 502-62-4685 Yes Minneapolis, MN E. Charlene Fauley Assistant Secretary F400-116-51-725 FL 3810 Bainbridge Ave. 06-25-51 265-92-4781 Yes Orlando, FL Ronald G..Gates Assistant Secretary G320-727-37-215 FL 257 Cambridge Drive 06-15-37 233-56-7338 Yes Longwood, FL Donald E. Kirby Assistant Secretary 1556330 SC Rt. 10, Box 137 08-13-44 248-76-5850 Yes Anderson, SC -Jimmy L.. Kitchens Assistant` Secretary DL3133261 SC 119 Hartford Place 04-28-3.8 261-52-7505 Yesl W. Columbia, SC Beverly L. Rosenberg Assistant Secretary R251.085-560-199 MN 5346 Mayview Road 03-16-38 477-38-3236 Yes Minnetonka, MN. Anne Tavenner Assistant Secretary T156-095-48-546 FL 3222 Palmer St. 0.2-06-48343-42-4171 Yes Orlando, FL Jody Wolf Assistant Secretary W410-427-62-544 FL 488 Palm Drive 02-04-62 167-44-3950 Yes Oviedo, FL Joel L. Worshtil Assistant Secretary W623-425-135-159 MD 5303 Baltimore Ave. 03-01-46 298-40-2298 Yes— es.Hya.ttsville, Hyattsville,MD f There are more than ten stockholders of General Mills, Inc., and there are no stockholders of General Mills, Inc. who own more than ten percent (10%) of the stock of General Mills, Inc. • • �' :.t.l... S�'•X. ,..�� ...i wr�i...�C.: iii►ow�+..wiiJ�,..131i .+.a�.a� + It.�l_ ? j..��. t /� :��'r` - .��rfr . .�—��� �•_. ;.' �i •O i w 119 964 • FOREIGN. CORPORATION 2.822 Certi q� u thori ty FE Be it01610W.n, that General Mills Restaurant Group. Inc. formerly Red Lobster Inns of America, Inc. whose corporate -name in Minnesota is Genera] Mills Restaurant Group. Inc. a corporation of the State. of Florida ,incorporated on the 2 th day a f March , 19 68 ,with perpetual existence therefrom, and which maintains a registered office in the State of Minnesota at number -40.5 -2ndC T Corporation System, Inc,,, in the City of Minneapol is ,County of Hennepin ,has A ly complie d with the provisions of the Minesot"a�rForeign Corporation Act, Chapter 303, Minnesota Statutes, acid is arrthnrized 'to do business herein with all the powers; rights and privileges and subject to the limitations, deities and'restrictions which by law appertainthereto. - 917itness my offeial signature hereunto subscribed and the seal of the ,State of Mih'neso.ta hereunto mixed this - tv+enty-seventh --day of Apri 1 in the year,of our Lord one thousand nine hundred and_L,S e ve n -tY n i n e , Secretary of 'tate This certificate does not entitle this corporation t transact In Minnesota the bus.Iness which only a bank, trust company or a building; and loan association may transact C` yT+,—•`��./� t«• �� •' `'�..�� �.�.�1�•` !'. ^ J,,�•�t-�jm,•.''• �1.— --.t�:. �- a.'�.�..� �q1, .•ts1��..•.•. �fit�°�•.'/�,.��t�,si�'�:• L:� .� �"�L .i� � '�".�., w • { •• � �� `�+� �.. �T�.+ !vri_h; r.�;-.r7."•'t�.> `.-� .�'i�^�"�•' .../1J��. •w.-*►Z� . ��. ...r^h-.C�.. .. rl� � r• •l Y. .. .` • ... •a 'I.: 1 r � r 7C� 6x0z" C� , C�\�m � 'J) J(1',JCS [) 'JCS � �J[� (1 �JL� O 'JC [ ?/�JC�O c� c�c�`\v vD cD cD a`/D`/cDVcDvCccD cDcD aD aD cc�un�Gn �R 'o�n oGn �G n Gn Gn��n��Q�Gn n� ��G �Dn Hn i c\VO r� D JO� J• •:Cr�7 of at ia Pim W D ,N goo wt zays 1Q7V743ppartmPntVof �tatpDC � C Gds 1(1? D � C Gni V I ertif the attached is a true and -correct copy of the Articles of D C � C c Y en.dment filed on May 29, 1987, changing the corporate name of D C D C �°`m y G Q� �� GENERAL MILLS `C7 GENE RAL M I LLS RESTAU RANT GROUP, INC. to D C INC., corporation organized under the laws of the �► RESTAURANTS, C , p g -� �C �C records of this office. State of Florida, as shown by the The document number of this corporation is 328176. V Jnr C 7 �C �C Jn� gibm unber rnp bttnb anb tbe great &�Ai of t�je state of Poriba, C � T v - , [� � 001) Q C CR2E022 (10-85) xP8zo G n �+ r�,o ur�,,,�r�,Y t�,�� t Q � n �t t� � ��yp it�.� ; t�j i� t� e � n �a 5th bap of June, 1987. ��Or P,�II`P�tOtiP � C7 � g �Fcrrta rp of Q;)tzitrG n'� D CD CD 'CD CD CD CD CD aD/�a✓ C�./ al✓ C✓. C✓/�01 �✓ CD Gn�Gn� n n�Gn`�Gn�Gn�GnOGl.1�Gn�Gn�Gn�]Gn�GIJ�Gn��Gn� 1 GIEN ERAL MI LLS. NC. • EXLCVTIV "r Of'!'�1 CES 9200 Weyzota Boulevard Minneepolia, Minnesota C. L. W H ITE HI LL Senior lice President t. General Counsel and 'Secretary Te1.(612) 540.3862 CONSENT TO USE OF CORPORATE NAME Inc. a Del aware cor orati on, qual i f ed to transact General Mills, I ., P • business in the State of Florida, 'da hereb Gonsent.s to the use of the name y General Restaurants Mills• , Inc* in the State of Florida by its wholly-owned sus y, b idiar General Mills Restaurant Group, Inc. GENERAL MILLS, INC. 00 By G -� C. L. Whi tehi 11 Senior Vice President Mailing Address: P.O. Box 1113. Minneapolis, Minnesota 55«J y, • ARTICLES Of AMENDMENT TO ARTICLES OF INCORPORATION OF GENERAL MILLS RESTAURANT GROUP, INC. and George We. Joe R. Lee, President, a e T. Williams, Secretary, of General g • ration organized and existing under and by Mills Restaurant Group, Inc., a corpo • w of the State of Florida,do hereby certify: virtue of the las . FIRST. The name oft corporation oration i s General Mills Restaurant Group, Inc.. sole shareholder of the corporation, by written SECOND: . That the so without meeting dated May 22; 1987, consented consent of shareholder to action, w 9 to and adoptedt 9 he following owi n amendment to ARTICLE I of the Articles of Incorporation of General Mill s .Restaurant Group, Inc. so that, as amended, said article shall read as fol lows : " of this corporation shall be General Mills Restaurants, The name p Inca and the place where it is located shall be the City of Orlando, Orange County, Florida." THIRD: That the above amendment does not provide for an exchange, reclassification or cancellation of issued shares and the capital of this corporation will not be reduced under or by reason of said amendment. That this amendment shall be effective June 1, 1987. FOURTH: Th t. r- CIV > ,a,,._rr, -- m �' CO low --4 and George We. Joe R. Lee, President, a e T. Williams, Secretary, of General g • ration organized and existing under and by Mills Restaurant Group, Inc., a corpo • w of the State of Florida,do hereby certify: virtue of the las . FIRST. The name oft corporation oration i s General Mills Restaurant Group, Inc.. sole shareholder of the corporation, by written SECOND: . That the so without meeting dated May 22; 1987, consented consent of shareholder to action, w 9 to and adoptedt 9 he following owi n amendment to ARTICLE I of the Articles of Incorporation of General Mill s .Restaurant Group, Inc. so that, as amended, said article shall read as fol lows : " of this corporation shall be General Mills Restaurants, The name p Inca and the place where it is located shall be the City of Orlando, Orange County, Florida." THIRD: That the above amendment does not provide for an exchange, reclassification or cancellation of issued shares and the capital of this corporation will not be reduced under or by reason of said amendment. That this amendment shall be effective June 1, 1987. FOURTH: Th t. IN WITNESS WHEREOF This corporation has caused these Articles of h Articles 'of Incorporation to b.e signed by Joe R. Lee, its . .Amendment tote p t. Secretary, this da President, and George T. Williams, its S y, y of May, 1987. GENERAL MILLS RESTAURANT GROUP, INC. h i Attest: cry •, By George .Wil lams, Secretary Joe,V,,Lee, President STATE OF FLORIDA ) SS COUNTY- OF ORANGE ) instrument was acknowledged before me. this . day ,of The foregoing Ma 1987 y y b Joe R. Lee, President of General Mills Restaurant Group, Inc. , . on behalf of the corporation. f Notary Rub i c • .. w . '. .. /• ...•/ • i Kms, ,. � •. ••• •• ..; •.1 : 1;•:5 :rte .tiv Y • e . • • �'�►l •,�RM ' 'n_a" --, .'%''� ..�1,,'I"'7 ,lrtL�.rtirTt�.. ��t L'3�11.1�'��Li • "`�� 1;.�lfy.. 1`•� _' •�♦y_, ll.�'�!-1� ��►. ..�•..rl wyK .w��'��-;�r`���'' �rj'j' 1 r .)tl!J�»I• fL.J�.� . �`! -t�. •- 't ' ,.�_.�..- � � � t,. 4 M113 • , T .040 «� 19 46 • i .. �. •n w� 1 w�� • t ' t I certiry Ol!"t the att:ich.ed is a true and co rrect copy of .�j .,, +ri Amen (Iment to Articles of Incorporation �t of . REIN �:# , • .I.O13S'I'hR INNS of AMERICA INC. , a Florida corporation c.han ging its n,�rnc �' to GENERAL MILLS RESTAURANT GItOUP, INC.,fileO on March ?1, 1979 as shown � by the t ec'(1 r ds of 111 is office . Y The. (11:111(11• this corporation is' 328176. No.' . Ff • i1�� (��tl1Ct1 1t11tlrr I fit -it) tilt) liir 6rral 1 4•ritl Of 11jr Muir of Nlorit)n, ui U4-tllit l inisrr 11tr Lit aiial, thirt 11jr l tt tt 11 r Mal f'c h , 191 �. 1-1000/ r[ �` � �/ �� ..rte �• T[``iJAI �� t 1�i 14 ' �� '1,,:i.�i tl,���l't��?�.;'t��ri , 7! ��^�t, ��''i1 ;� •� ry �•Z� �l •1 11 �r �••�..1.. 1 .. , ... • .. ft .r r . y I �}� �j�� ,/� ►`•••• •, y • �� ''+� •,` �w •, `�Ir.w � ..� ,• • •,� • •t� �• !t : l� •:+ii 1• 1' •� • jt �j�* � If•l� `�••\�'�•'� i•' I .r •.11 •• •• /� • , �• . • ••V •� • X11•.1 � , ••' ,. �� ..•�•...•. �• �� ` [ ]' ��''� AIi !C.' t•-1 �= C.) 1-7 AoPvi1. t� 0,oN 1C -N T . to ntZ'T 1C U.- S op- INCoRr0I-ZA7 I0T••1 • or RED L_O«STER INNS al= A>1nFT-►-7• .ICA, INC. • Pursunnt to Section tat of • the General Corporation Act or i la '1g i ��L1~�titt�SSI l.'r l,i,R1Q� _� t� o-lortda We, JOE Re LIQC, President, an • d GEORGE T. WILLIAMS, Secretary,of Red Lobster 11lrts or Ar>>ericz, Ir-ic. n corporation • t7 on orq�nt?ed and existing under and by virtue or the in vs or the S t-ri to or F lar i c n., do hereby certtry r.IRST Thzi t -the n:ir'T1e or the corporation is Red Lobster Inns or Ani ri c #.-i , Inc. S f::'GON L1:• �T h� -i t tl �c� Hca le sh�areho lde r or the corporation by written consent or sl.rcholder to action withn.,t nx%etinq dated March 2 197 consentecl : to and adoptod ti -v-% f crl lcxv i rv1 -Ir-t'c-11(irnot-iL •..to AR T iC LC 1 or the Arttclrrs cir Inc•crrrcar,-itir+ti tit I�Pd Lolit;trr Iniv; or Anicric,ni Inc... so Chat r '.: ztrY pndr.fI, said nrticlr rL-%ad zis roii(-iw a : I I-ir• ritir>wt n Il.)i•: c 't r-,-, 11011 4r% 1.14-111 lir Coo i v,% ra I tnur'rint ( srt )tip , Il tc..i► it I I I v • I > 1. it •r► who rr 1 I i lc )(,..-)tvd shy- 11 he uie city or r Cjr•1�1r��ltt, c �r•;it,,lr� ( t �� rttlti�, I 1t�ritl;l, .t II III•:; t� 111-11 IIi• .11•�,•,,t� ,�r11��rt�lt,tt�t�t clt����: t�c�t ��t'c�vlctt` Ic•,r• �'tr7 t�Y��•1r;� �� :ri.'i 1.1•:•.ttit 1114111 •+t• .1t 1• It.�l:t�t1 t`I 1•. .tt�•�I .•t1•,r.�.�; .'lllt'� t}lt• t •lj�t+•1t • this 1'(It' 1t �r'. 1 I t �� 1 �1� t 1 I 1 It �; l •. •. !, �• •• ► t . 1 .1 11 1 ( .. i 1• . 11.1 �s r �r L1 ►1C•rlt . M • AV • • . l hj VLA I.1 1--j1*: � ; Coo •:"�f I 1 �L: I •: I ' C `I " , 'T'• 1 � t r c ter- � � � r^�-� 1 i �� r � �- 1• his c��u.,ed thec.; A r t i c lei; of rlrr,��ril IU the 1�►•tt��l�:•�:�''Or jt1Ct'rt)r^ t-1 Li oto g no (i y JC) f LE C. i t~s r re.s i cje r� t , Itt ld • C E�: Oi ter; l :. 't . �r1,' 1 L. l_ 1 nR,1 - . t LS � F. , �., •. r e t�� r, J � t 1; � a -1 t' •. , Yc, March, 10 7 CD AatesL: r, • �Er D LOBS TER INNS OF A -v1t=RICA •1r Dy: r Georgi -To Wi IIir-t��� , Jcx-%, R. Loe Seer o -t ir,,� �•, resident S' T -AI[7 OF 1:- !_CFS 1 L)n � L Cour--J'r Y Ur 01 zANQC. `( iii. Corotjoinq ire-;tr-t,tiirsnt w, -x, cricknowled .1c'c� r�et`ore m� this�� as of � y March � IS) 791 by Joc I -Z . Loc, r*lrc�s i dent or.lamed Lobster Inns of America, Inc. on Lw, ha I1 of Lfie cor•F ort-ICI on. �' C..•.• i,,,. �. • •' .No L -try Pub It c vr`' .•Y rw%i lr. ! TRTr o,r n cpm& of wri •.... .. loll V. AGENCY •ti w ' • r dp 1 OCN!'.nAl• MILLS. INC, r xr cm ivr oFriCr_4 ,.., , . • i• NrA.IAIw f• a . Cr►nw•w' r1.••dl ... C(- TICE of CoTU1or%Aj� rqij�,IE C'p-neraI Mills, Icjc. , a Delcjwa,re Co ra rpo t.f on, qu.a1. if ied to trarxact . - • ; • � • ?bus it 'css .iJl U 1e S to Le of I~ lorida . hereby consents to the use of the name Goner�1. T-ii..l i.s T�.si�ir•-It)t� Group, Inc, in tine SLlte of Florida by its . VA 101.1 y--dvaicd- suhsidisit x Logs rY ter Ituts of Ar4erica, Inc. D 1.979 MI LJ,S I NC Dy: .. • C.� • L. Why. Lehi 1.1 ' Vice Prost dent and t'+C`1 x'` r�z l Co. urIs L- M+Mr/ Irk • as 1 MM M wP.'.�� I D-0• 4� 0 so 40 sod~ i�w. 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LIVE GARDEN RESTAURANT I aiRa TSL EL - 100'-0" - 921.00 DA S°3o1 MIC CUM I ,011.7.102 Avr snw orc sPa I I � z > Q-0" J0-0" ?0-0' H I � H O 1 1 I Cn r 101 � C �t4: i.': •1: Sp10� i . • :: i b A -r �. S°10? `acarc alRB D � % i a c�or�c auRa rc 1 pa 9°10? - ,, , i( P.rC He He H� arc icu,�a �' 1 , 102 ; Rs= 7* -6" 10-r I 4 PAL':S' I b-0' = 40-0" 12 0 U' -I'= 261-0" U - r 7=s"1` i 30_r 0 UNIT OF COMACT 16 FCR He WT SMP,•s P6' 1 21 PAI'S 0 10-o" ?M-01 i P►l ; rn-F' . ??= • BEAM AVENUE TRUE NORTH S:p.1802 LOCATION MAP N 0 SCALE .....__.__ .._ Action by Council:, MEMORANDUM Endorsed Mod.ifi ed.,. TO: Y Mana Cit er Rejected..... g FROM: Director of Community Development - SUBJECT: Code.Amendment: Volume -based Garbage Rates DATE: March 7, 1990 INTRODUCTION The.City Council, on January 22, 1990, requested an ordinance requiring volume -based garbage rates for residential collection services. A volume.based rate is a garbage collection fee based on the amount of trash picked up, rather than a flat fee for everyone. BACKGROUND Our City Code does not regulate the private contractual arrangement between residents and the garbage collection company of their choice. This includes the rate for collection and the volume collected. DISCUSSION City haulers have traditionally offered a single rate for garbage collection. With the rising cost of garbage disposal and because of customer preference, several haulers are offering special programs, such as volume -based rates and discounts to senior citizens. Volume -based rates would be beneficial to small families, senior citizens, and families that recycle. It would also be an incentive to reduce the volume of garbage through conservation and recycling. RECOMMENDATION Adopt the attached ordinance. 7•1 ORDINANCE NO. AN ORDINANCE REQUIRING VOLUME -BASED RATES FOR GARBAGE COLLECTION THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS.: Section 1. Section 16 } (Garbage and Refuse Code is hereb Y amended to add the following section: Sec. 16-33. Volume -based rates. Each garbage hauler licensed under this ordinance shall provide to their residential customers a system of volume - based rates. A volume -based. rate is a solid waste collection and disposal charge based on the volume of the solid waste., g There shall be a minimum of two cate orie.s . for the volume of.garbage and for the rate of collection. The rate shall be proportionately less for the smaller category, g Y Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on 1990. Agenda Item /V` .2 - Action by Council:,. I H UNFINISHED BUSINESS Endorsed,...... 2* Reconsideration: Mark's Nature Haven RModif ied..��� ej ected........ Dat Please refer to this item fromyour March °2 Packet, -1-1-2 Action by Cc ail MEMORANDUM Endorsed.. TO: City Manager Modifie FROM: Director of Community Development Rejected..... SUBJECT: Highwood Estates No. 2 Preliminary Plat Dat DATE: April 2, 1990 INTRODUCTION The City Council considered this application on March 12. They approved a land use plan amendment and vacation of the Sterling Street right-of-way. Council tabled the preliminary plat and rezoning until April 9. DISCUSSION There were at least two reasons for tabling the plat. The first was a question of whether to buy one of the lots for a parking lot for the park. (Refer to condition 4 . i . in the staff report.) Two memos and a map from the Director of Parks and Recreation are attached. The second reason was a problem between the Ski Club property owners and the developers concerning drainage. Refer to the second attachment from the developers. This attachment is a letter describing �a private agreement between the developers and the Ski Club. "�,�Thls agreement would give the developers the easements that staff is recommending in condition 4.p, of the staff report. The City could not approve the final plat until the developers meet this condition. The City could add three of the developers' requirements in the private agreement to the preliminary plat conditions. The third attachment is the February 27 staff report. RECOMMENDATION Adopt the recommendation in the February 27 staff report with the following additions to the preliminary plat approval: q. The developers' agreement shall include the construction of a culvert under Carver Avenue at Sterling Street. r. The City must get a permit from Mn/DOT for the developers to construct discharge piping to the I-494 ditch. The City must also get a permit for the Ski Club to pump stormwater into the I-494 ditch in perpetuity. So The developers shall obtain an easement from Mn/DOT for use of the I-494 right-of-way for ponding. This easement shall be as described in the developers, agreement with the Ski Club. GO/memo3.mem Attachments: 1. Memos & Photo: Parks Director 2. Letter and Agreement: Developer 3. Memo: February 27 Staff Report MEMORANDUM To Michael A. McGuire, City Manager From Robert D. Odegard, Director of Parks & Recreation Subj Development of Highwood Estates No. 2 Pleasantview Park Date March 22, 1990 Introduction At the Maplewood City Council meeting of March 12• the aPP lica- tion of Highwood Estates No. 2 was discussed. Included in that application is a request under Item 4 i. that "Lot 81 Block 7. shall be dedicated to the City for park purposes. The . CitY will pay for this lot from PAC funds. If the developer and the Parks Director cannot agree on a purchase price for this lot the de- veloper shall pay for an appraisal, which shall determine the .price of the lot." -The Council tabled until Aril 9 1990 P , a decision on this matter. Background Attached is my Staff Report to the Park and Recreation Commission on March 15th reviewing my concern as to the lack of developable space in the fourteen acre Pleasantview Park which will be - vicing over 400 homes in the future. The Park and Recreation Commission on March 19th discussed the additional Lot 8, and concluded that the wished to o down . Y g and inspect the park and make a recommendation at their April 16th meeting. Recommendation If the City Council wishes a recommendation from the Park and Recreation Commission regarding Lot 8, it is requested that Item 4 i. in the Planner's recommendation for Hi hwood Estates No. 2 be expanded to include "the City shall have the right to reject the -purchase of the rot ert if it is found that it is .-._.._ not needed for the park users." Vc: Geoff Olson MEMORANDUM To: Park and Recreation Commissioners From: Robert D. Odegard, Director of Parks & Recreation Subj: Pleasantview Park Date: March -15, 1990 The Maplewood City Council, at their meeting of March ' cuss . g 12th, dis- ed the of Highwood Estates No. 2 whish is located south of Highwood Avenue and east of Marnie. Highwood Estates No, 1 has 36 lots in it, and Highwood Estates No. 2 has 96 lots, I have recommended that the City be permitted to purchase a lot adjacent to the northeast corner of Pleasantview Park from the developer as a possible parking area or other recreational use The area to the north, west, and south of theark is p almost completely platted and will contain about 400 homes. This is quite an expansion from the original 59 lots that were north of Pleasantview Park when the property was purchased. Although the park is 14 acres in size, it is my estimate that we have only.about 4 acres that is flat -surfaced on u which activity Y such as softball, soccer, tennis courts, parking lot, skating, etc. could take place. The rest of the area is very Y hill and we have developed walking paths and a sliding hill down one steep p Mr.. Dean Sherburne, owner of the property on Marnie which abuts the park and who would be adjacent to'the proposed ac isition of a -lot to the east of h ' � • is property, appeared at the City Council in opposition to the acquisition of thisro ert . He is p p Y also opposed to a trail linking Marnie to the proposed Sterling Street P g development across the park, which would be installed b the developer over the waterY supply to the new Highwood Estates No.2o I am also looking at the availability of lots on the west end of Pleasantview.Park from the Gonyea Company in order to determine if we can afford a parking lot on that ' P g side. At.the end of the cul-de-sac adjacent to the park in the develop- .ment to the south(Maplewood Hi•Highlands), we have 11 parin spaces and a short trail from g f the parking spaces to our larger trail in the park. 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Lf '%" - �fNft ' _ �, ••;`� Y ►bi,' f :;;y t' • ! �',*•• t `;. �;. �,`�• •L.s� � i'r . • �t Y t' .. � � •• 11 � �'�I - 1 t, �� �� 11 1►, '�` . ` "•• IT �����et V�►� �l'�'t •,apY� z.�Z • i. " '�- S ' ::r* so T , t • �rJ ' r� A � f y � �K � } 1 • � � / . . .• Roar Development, Inc WAR 2 9 14gfl 135 So. Prior Ave. Saint Paul, MN 55116 March 27, 1990. Mr. Ken Haider, Public Works Director 1830 E. County Road 8 Maplewood, Minnesota 55109 Dear Mr. Haider: Enclosed is a copy of an executed Agreement between Roar Development, Inc.,p Maplewood Highlands Development, Michael Haefner and Steve and Rita Shor, hereinafter referred to as Developers. Please note that the Ski Club dedicated a ponding easement on their property; agreed to permit drainage from single family residential development; hold developers harmless for any damage caused by storm water accumulation; and provide the necessary construction and access easements to the Developers for storm water pipe lines. In consideration for the above, the Developers paid the Ski Club the sum of $40,000 and agreed to perform the 15 additional conditions more fully listed in the Agreement. Of the 15 conditions, all have been satisfied except for condition Nos. 3, 4, 5, 8 and 12 (by Roar Development & Shor), These conditions will be done during the final grading, utility and street plan, specification preparation and construction phases of the improvements for the proposed Highwood Estates No. 2p lat. All of these to be done to the requirements and recommendations of the City, State and Watershed District agencies. On February 18, 1990 prior to the City Council hearing on our Preliminary Plat approval, representatives of the Developers met with the Ski Club representatives to again review any -concerns they may have. At this meeting, the Developers agreed g p g to additional conditions including the transfer of an additional 2.1 acres of land identified as Outlot A and more fully described in our letter dated March 16, 1990. There was no apparent opposition to the Preliminary proposal. Plat ro osal. Their appearance and opposition to the Preliminary Plat proposal was unexpected and without knowledge both at the Planning Commission meeting of February 21, 1990 and the City Council meeting of March 12, 1990. There is no basis for the objections of the Ski Club. The Developers, therefore, respectfullyrequest the approval of the Preliminary Plat for Highwood Estates No. 2. Yours trul i Arthur Werthauser, Secy. Roar Development, Inc. THIS AGREEMENT made and entered into this day of Jane 1988 by and between the Saint Paul Educational Foundation, Inc, a Minnesota corporation, hereinafter "Ski Club" and Roar Development, Inc. a Minnesota P corporation, Maplewood Highlands -Development, a- Minnesota COoration p , Michael Hafner and Steven Michael . Shor and Rita Marie Shor, joint tenants hereinafter "Developers". ope rs . WHEREAS, the Ski Club has owned and operated a ski jumping training facility ' n the City of Maplewood, Count of Ramsey and State of Minn ' Y Y Minnesota since 1949 upon the premises described as: Section 13 Town 28 Range 22 South. 74 feet of north 1815 feet of west one halff o southeast one quarter and also the south 825 feet of southwest oneua q rte r of southeast one quarterhwa subject to road and hi quarter(subject highway) in Section 13 Town 28 Range 22, and consisting of approximately 17.5 acres; and WHEQFAS, the 'Develo ers own tracts of land west and north thr-, Ski P of , . _ ki Club land legally described on Exhibit A -1 attached hereto and ma ' de a part hereof; portions of said tracts provide surface drainage to the Ski Club Property as' shown on Exhibit A- • and WHEREAS, the development of the Developers tracts will increase the runoff to the Ski Club property; and WHEREAS, the City of Maplewood requires ponding for the 100 year critical rainstorm or snowmelt condition and the critical even ' t requires a pond capacity of 50 acre feet; and WHEREAS, stormwater pipe lines, roadway easements, Mn/DoTP ermits, and other drainage facilities are recommended in the "Ski Jump Property Drainage Improvements Report" prepared by Short Elliot Hendrickson SEH File No. 88054 dated February 11 1988) as part of the subject improvement; 1 NOW, THEREFORE the parties mutual) agree g ree to the following terms and conditions: The Ski Club hereby agrees to: 1. Dedicate to the City of Maplewood a 50 acre foot • P of pond easement described as follows: A Ponding Easement on, over and across thatart p ofthe Wl/2ofthe SE 1/4 of Section 13 Township 28, Range 22, Ramsey County, Y Minnesota described as follows: Commencing at the intersection of the South ' t 1�ne of the North 1741 feet of said W 1/2 of the SE 1/4 and the Northwester( Y right-of-way line of Interstate Highway No g y . 494; thence South 39014'08" Westright-of-way along said right of way line a distance of 140 feet to the point of beginning of the land to be described; thence North 74000' West a distance of 290 feet, thence South 78000' West a distance of 360 feet;. ._ . thence South 37 00� West a distance of 160 feet; thence South 4 ' 5 00 East a distance of 140 feet; thence South 58000' East_ to said Northwesterly right-of-way line of Interstate Highway No494• g Y . thence Northeasterly along said right-of-way line to the. oint of beginning. P g g Said easement is shown on attached plan identified as Exhibit B. 2. Dedicate the necessary storm sewer easements and access roadway easement to the City of Maplewood as shown on attached Plan (Exhibit B). These easement locations to be developed by location survey and approval of Ski Club and Developers. 2 3. Permit the drainage from the Single Family Residential Development of the tracts identified in the attached Exhibits A-1 and A-2. 4. Hold Developers harmless for any damage caused by storm water accumlation on its property caused b drainage from the residential developments Y g of the tracts described in Exhibits A-1 and A-2. 5. Provide the necessary. construction and access easements to the Developer or the Developer's agent for the construction of i g the pond, stormwater pipelines and access roadway. The Developers hereby agree to: 1. Obtain vacation of Sterling Street and provide roadway access from Ski Club parking lot to North property line along vacated Sterling Street. 2. Obtain all permits and construct a gravel roadway along the stormwater pipe line easement for access to thep ond. 3. Construct culvert pursuant to the Drainage Report under Carver Avenue at Sterling Avenue. 4. Obtain through the City of Maplewood aers to ermit from Mn/DOT for developers p construct discharge piping outlet to 1-494 ditch and for Ski Club toum P p stormwater into 1-494 ditch in perpetuity. 5. Obtain necessary easement from Mn/DOT for useortion of 1-494 right-of-way for p g Y ponding easement as set forth in Exhibit B. 3 6. Construct piping discharge outlet to 1-494 ditch. 7. Obtain all permits and construct a 12 foot wideate at the access s roadway entrance alongwith approximately 100 lineal feet of 5 foot h' ' Pp Y igh chain Ink fencing extending Northerly from the gate along the West line of the access roadway from the Southwest corner of the Ski Club Parking Lot. Also construct 12 ft. wide gate along with 250 lineal feet of 5 foot high chain n link fence extending along the North boundaryto ravine and approximately 7 pp y 5 feet to the South on the West line of the access road. f 8. Obtain all permits, necessary property approvals and construct access road from Ski Club Parking Lot Southwest corner to Northwest corner of Ski Clubro ert p p Y along existing Sterling Street rht-of-waY graded to present width and elevation. 9. Obtain all permits and construct stormwater pipeline facilities from each Developer's tract to theond. This condition will be the sole responsibility P of the Tract development. Developer at the time of develo p p 10. Pay to the Ski Club a total of $40,000.00 as consideration for the dedication of the 50 acre foot pond, stormwater pipe line and roadway easements. Said compensation shall be paid $1,000.00 upon execution of this Agreement and the balance upon delivery of the Deed of Dedication to the City of Maplewood. 11. The obligation to compensate the Ski Club and to construct the improvements described herein is the joint and several obligation of Developers; as between g p , the Developers, they agree to participate in the construction costs and easement consideration, exclusive of Item 7 above, in the following manner: Michael Hafner Steven and Rita Shor Roar Development, Inc. Maplewood Highlands Development $2,000.00 50% of remaining balance 50% of remaining balance. 12. Obtain a commitment from the City of Maplewood that no assessments shall be levied against Ski Club property as a result .of the construction or maintenance of the storm sewer or ponding improvements contemplated hereby for an P Y or Y "benefit" accruing to Ski Club property thereby. 13. Include in restrictive covenants recorded with respect to each development the P P following disclosure: "The property described herein is near property .operated by the St. Paul Ski Club as a ski jump and training facility. Use of said property includes lighting at night and public address systems. Such use is expected to continue within hours established by the City of Maplewood for City recreational activities indefinitely." 14. Maplewood Highlands Development will deed to the Ski Club the following described land: The East 12 feet of the West half of Sterling Street vacated from the westerly extension of the South line of the Ski Club parking lot to the North line of the Maplewood Highlands plat. The above described tract represents the sufficient portion of vacated Sterling Street to encompass the existing graded Y raded access roadway for the Ski Club. 5 15. obtain an Agreement from the City of Maplewood that the City will maintain the ponding area created on Ski Club property including removal of silt and debris from the pond and storm sewer system. 16. Deposit funds in escrow in a sufficient amount or provide other financial security acceptable to Ski Club to insure developer's performance of their obligations hereunder and to protect Ski Club -from liens or assessments resulting from the improvements contemplated hereby. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in their behalf respectively by their duly authorized representative as of the day and year first above written. Saint Paul Educational Foundation Y Its By Its �� �� Xr, /�', A Roar Development, Inc. By Its Pres Iden Maplewood Highlands Develo.p By Its Michael Hafner C Steve Michael Shor Rita Marie Shor i MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Highwood Estates No. 2 LOCATION: South of Highwood Avenue APPLICANT: Roar Development DATE February 27, 1990 INTRODUCTION The applicant is requesting five approvals from the City to develop the Highwood Estates No. 2 subdivision. These are: 1. A Land Use Plan amendment from OS, Open Space to RL, Residential Low Density for the area of the proposed plat. This is shown on the maps on pages 12 and 13. 2. The vacation of portions of the undeveloped Sterling Street right -of- way (see page 16) . 3. Approval of a 30 -foot reduction in the required pipeline .setback for one lot. 4. The approval of a preliminary plat for Highwood Estates No. 2, a 96 -lot single -dwelling subdivision that is a continuation of the Highwood Estates Plat. 5. The rezoning of the property in question from F, Farm Residence to.R-1, Single -Dwelling Residential, BACKGROUND 1. This whole development, including the Highwood Estates plat, was designated OS, open space and S, school on the City's land use plan. On May 11, 1987, the City amended the area for the Highwood Estates plat to RL, residential low density, since the school was proposed north of Highwood Avenue. The City Council also approved the preliminary plat for Highwood Estates. The balance of the property was left open space because it drains into the ski club property and the developer could not obtain an easement to drain the additional water caused by developing the property. The City has since acquired the necessary drainage easements for the pond, but the developers must still obtain easements from their plat to the pond. 2. The final plat for Highwood Estates was approved by the City Council on April 25, 1988. M CRITERIA FOR APPROVAL Plan Amendments Plan amendments require no specific findings for approval. Any amendment, however, should be consistent with the City's land use goals and policies. Street Vacation .Chapter 412.851 of state law states that "Council may, by resolution, vacate any street if it appears to be in the public interest to do so . . ." Pipeline Setback Section 9-218 (a) of the City Code states that "the City Council may 'approve a reduced setback where the applicant can prove that there is a unique hardship to the property that prevents the reasonable use and practicable development of the property. In such cases, the City Council may require berming, an oil containment system or similar requirements to mitigate the potential damage to a building by a pipeline leak or explosion." Rezonings Section 36-485 of the City Code requires the following findings to approve a rezoning: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 2 DISCUSSION A number of changes and/or issues with the proposed plat will be discussed as follows: Street Vacation The plat as proposed requires the vacation of portions of the undeveloped Sterling Street right-of-way in order to develop the property as proposed. The proposed plan will allow for the alignment of Sterling Street from this plat with the portion north of Highwood Avenue and for the lots to have their rear property lines along the pipe line. This is shown on the map on page 16. Sterling Street south of Southcrest Avenue is not being proposed for vacation at this time. This is because the Parks and Recreation Director has requested that it remain to provide a access to the north end of the ski jump property and a potential off-street trail location.- Sterling ocation. Sterling Street and Southcre t_Ayenue The City Engineer is recommending that the intersection of these streets have a 90 -foot radius (as measured along the center line) so that traffic may move more freely. This change requires that the property line between Lots 7 and 8 of Block 7 be redesigned such that it is perpendicular to the center line of the street. These are shown on the map on page 16. Pipeline Setback Variance Lot 9. Block 6 Lot 9, Block 6 cannot meet the 100 -foot pipeline setback requirement of the City Code. Due to the unique confiquration of the property lines, the way the pipeline crosses the property diagonally and the need for Sterling Street to coincide with its alignment north of Highwood Avenue, staff is recommending that a 30 -foot pipeline setback variance be granted for this lot. This setback should be subject to the developer constructing a 6 -foot - high berm along the west easement line of the pipeline. This variance would provide a building pad of at least 50 feet in width and 40 feet in depth for this lot. In conjunction with this lot, staff is recommending that it be platted as Outlot B. This is because of its limited buildable area due to the encroachment of the required temporary cul-de-sac into the lot and the pipeline along its rear property line. This lot should not be platted as a lot and block or have a home constructed on it until Sterling Street is constructed through to Highwood Avenue. 3 Hiahwood Avenue Ricaht-of-Wa Highwood Avenue currently has a 60 -foot -wide (30 feet from center line) right-of-way. The portion of the proposed plat that .fronts on Highwood Avenue has been drawn with Hi ghwood Avenue having a 66 -foot -wide ( feet from center line) right-of-way, The plat as drawn is correct as Ramsey County will require the dedication of 3 feet of right-of-way to make the width of the right-of-way consistent along the south side of the street. Water main According to the City Engineer, a 12 -inch diameter water main will be required from the south end of Marnie Street through the .City park into the plat. The streets to have this size water main are shown on page 15. In conjunction with the water main running through the park, the City Engineer is recommending that a 8 -foot -wide bituminous trail be constructed from Marnie Street to the sidewalk at the intersection of Sterling Street and Southcrest Avenues. This is consistent with the standards that the St. Paul water utility has for the water main construction and will provide a hard surface connection between Marnie Street and the recommended sidewalk along the new collector street. Storm Water Run-off The lots along the south side of Southcrest Avenue should be required to have their roof and driveway runoff drain to the street so that the area of natural vegetation and trees on 'these properties are not disturbed by the extra stormwater. It is recommended that this be accomplished through the use of deed restrictions on Lots 11 - 26 of Block One. The storm water from this development is proposed to run to. the ponding area just west of 1-494 on the corner of the ski jump property. An easement for this pond had been acquired earlier. Outlot A Outlot A has been designed into the plat because the ski jumpers have been using a portion of this area for stopping after jumping. The St. Paul Educational Foundation (owners of the ski jump' property) and the developer have worked out. an agreement to deed the outlot to the foundation in lieu of easement considerations. It appears that this would be in the public interest so that the future property owners of Lots 17 26 of Block One will not have to deal with the potential of ski jumpers trespassing. This might occur if their lots were platted through to the southern most property line. 4 Rezoning The City Council has been rezoning new subdivisions that are zoned for F, farm residential to R-1, single -dwelling residential to prevent the use of these properties for commercial agricultural uses. RECOMMENDATIONS 1. Approve the resolution on page 19 which amends the land use plan for the southern portion of the plat from OS, open space to RL, low density residential and deletes the minor collector street on the basis that: a. The property owner is proposing to develop this property for single-family homes b. The OS designation was left on the property in 1987 because development would cause storm water run-off onto the ski jump property without drainage easements. Drainage easements have been, or are in the process of being obtained. C.' The City has no plans to purchase the property for open space. d. The proposed street does not meet the criteria for a collector. 2. Approve the, resolution on page. 20 to vacate the portions of the Sterling Street right-of-way as shown on page 16 of the staff report. Approval is on the basis that: a. Sterling Street north of this plat (between the proposed vacation and Highwood Avenue) has already been vacated. b. Sterling Street should be aligned to coincide with Sterling Street north of Highwood Avenue. c. The proposed alignment will allow for the rear yards of the single -dwelling lots to be along the pipeline. This is preferable to having the street near or.on the pipeline as it minimizes the potential for a leak to enter the storm sewer or flow along the street. 5 3.. Approve the 30 -foot reduction in the required pipeline setback for Lot 9, Block 6 (Outlot B) on the basis that the lot has a unique configuration and the need for Sterling Street to coincide with its alignment north of Highwood Avenue. This setback reduction shall be subject to the developer building a 6 -foot -high berm along the west line of the pipeline easement. The berm shall not have slopes of greater than a 3:1 ratio. This berm shall be shown on the grading plan. 40 Approve the. Highwood Estates No. 2 preliminary plat subject to the following conditions being completed before final plat approval: a. Submittal of a signed developers agreement, with required surety, for all required public improvements, erosion control and tree replacement. This agreement shall include, but not be limited to: (1) A requirement for the placement of temporary fencing, during construction, around woodlots to be saved. (2) The installation of standard street lights in 8 locations, primarily at street intersections. An -additional street light shall be required at the intersection of Highwood Avenue and Sterling Street at the time Sterling Street is extended. The exact location and type of the lights shall be subject to the approval of the City Engineer. (3) If deemed necessary by the City Engineer, the construction of a 12 -inch -diameter water main from the south end of Marnie Street through Pleasant View Park into the plat. The 12 -inch water main shall continue from the intersection of Sterling Street and Southcrest Avenue east along Southcrest to O'Day Street, then north on O'Day to Ogden Avenue, (Nemitz Avenue), then east to Nemitz Avenue and shall end at the intersection of Nemitz and Southcrest Avenues (Dennis Street). (4 ) The construction of a 8 -foot -wide bituminous trail from the south end of Marnie Street in Pleasantview Park to the intersection of Sterling Street and Southcrest Avenue. The location and construction of the trail shall be subject to the approval of the City Engineer and Parks and Recreation Director. Re Granting to the City of Maplewood a temporary loo foot -diameter cul-de-msac bulb easement for the temporary deadend of Sterling Street. b. The right-angle curve at the intersection of Sterling Street and Southcrest Avenue shall be redesigned as a 90 -foot -radius curve, as measured along the center of the street. The property line between Lots 7 and 8, Block 7 shall be redesigned so that it is perpendicular to the center line of the street.. CIO Sterling Street and Southcrest Avenue shall have a right- of-way width of 60 feet and a pavement width of 32 feet. d. Approval of final grading, utility, drainage, erosion control and street plans by the City Engineer. The erosion control plan shall address the recommendations of the Soil Conservation District and the Ramsey -Washington Watershed District. e. The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construc- tion. Housing styles shall be illustrated which minimize grading on sites that contain trees to be preserved. The grading plan shall show the depth and location of the Williams Brothers pipeline and shall show the required berm for Lot 9, Block 6 (Outlot B) along the west easement line of the pipeline. Deviation from the approved grading may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. f. Approval of a tree removal and planting plan by the Director of Community development before grading or construction begins, or final plat approval is given. This plan must illustrate the trees that are.to be removed, those that are to be retained, and those that are to be replanted. g. Recordable deed restrictions to be recorded to run with the title of the affected parcels, shall be submitted to the City along with the appropriate recording fees to: (1) Require that the runoff from the roofs and driveways for the homes to be built on Lots 11 - 26, Block One, to be diverted to Southcrest Avenue. The restriction shall also state that rain gutters and acceptable site grading and sodding shall be employed and maintained for the life of each property, as required by the City Engineer. 7 c� Except t for Lot 9, Block 61 prohibit the construction of a dwelling within 100 feet of the Williams Brothers pipeline. (The lots that appear to be effected are Lots i No 8, Block Six and Lot 26, Block One.) The developer shall also notify the purchasers of the pipeline location. h. Thisp lat shall be subject to Section 9-191 of the Maplewood City Code (Environmental Protection)including providing the City Engineer with a study prepared by a registered soils engineer to certify the stability of potentially unstable slopes in the areas of the plat that will have significant.grading. i. Lot 8, Block 7 shall be dedicated to the City for park purposese. The City will pay for this lot from PAC funds. If the developer and the Parks Director.cannot agree on ap urchase price for this lot, the developer shall pay for an appraisal, which shall determine the price of the lot. jo Deed Outlot A to the St. Paul Education Foundation. k. The dedication of three feet of right-of-way to Ramsey County for Highwood Avenue. 1. Change the name of the north -south portion of Southcrest Avenue to Dennis Street to be consistent with Maplewood's street name system. m. Crestview Court shall be renamed Mamie Court. n. Ogden Avenue shall be renamed Nemitz Avenue. o. Lot 91 Block 6 shall be platted as Outlot B. This outlot shall not platted or used as a building site until Sterling Street is constructed through to Highwood Avenue. P . Public storm water piping easements shall be obtained from the owners of the St. Paul Education Foundation property to allow storm water from the plat to reach the City ponding area. 5. Approve the resolution on page 22 to rezone this property from F, farm residential to R-11 single -dwelling residential based on the findings required by ordinance and that the R-1 zoning nin would be consistent with the proposed RL designation on the land use plan. 8 CITIZEN COMMENTS Staff mailed surveys too the 53 property owners within 350 feet of this site for their comments on this proposal. Of the 20 replies, 5 were in favor, 4 had no comment and 11 objected. In Favor 1.. See the letters on pages 17 and 18. 2. The development will help bring in tax dollars for Maplewood and especially help this part of Maplewood. 3. It will continue planned development in. the area and hopefully broaden the.tax base thereby reducing home owner taxes. 4. It is good for the economy. Obl ections 1. The lot size adjoining the current lots are smaller. I am concerned about houses being.on top of or too close to the Williams Pipe Line. Another question I have is in regards to the water run-off from this development. ..(Gardiner 1048 Marnie) 2, I have not heard of any resolutions concerning the water runoff problem. I fear that my property may be devalued because the new Phase II development is not putting up houses equal or higher.value. Our lots are close to 1/3 acre. Given the idea of development - that appearing imminent, we prefer single -dwelling homes. (Francis - 1058 Marnie) 3. I think that Nemitz should connect through to Sterling and the proposed lots on the west side of Sterling should have their width increase to 100 feet to match those on the east side of Marnie Street. (Vabio - 1068 Marnie) 4. The proposed lot sizes are substaintially smaller and will have a negative financial impact on the adjoining home owners property values, which are 1/3 acre in size. Highwood Avenue is narrow., hilly and without shoulders. It was not designed as a potential high traffic thru street and is unsafe to handle increased traffic flow. (Wohlhuter - 1024 Marnie) 5. The increase in traffic, driving out the wildlife and the need for open space. (Fleming - 1008 Marnie) 0 • 6. We would hope, if this area is developed, that it be required of the builders to build homes in the price range of the homes in Phase I. We do not wish to see our property value decrease due to cheaper housing. Also, I would hope that as many trees as possible remain in that area. (Berling - 979 O'Day) 70 The high concentration of people is undesirable for the area. (White -.963 Ferndale) Staff reply: All of the lots as.proposed will meet the requirements of the Maplewood City Code for lot width, area and density. The Pleasantview Park lots range in area from 77,268 to 10, 935. square feet. The median . size is 15, 000 square feet. The proposed lots in the Highwood Estates No. 2 range from 75,036 to 11,0.82 square feet. The median size would be 17,769 square feet. The minimum lot area required by City Code is 10,000 square feet. it is the City Attorney's opinion that the City cannot require a larger minimum lot size than i0 s established by City Code. Except for Lot 9, Block 6, all of the. proposed lots adjoining the pipeline are Large enough so that homes constructed on them can meet the City Code requirements for setback distance from the pipeline. Highwood Avenue is designated as a collector street. It is planned to handle the traffic from this and other developments in the area. According to County Traffic Engineer, a two-lane county road, such as Highwood Avenue, can safely handle 6,000 - 7,000 ` trips per day. The current traffic count for Highwood _Avenue is approximately 1,000 trips per day. This is well below the capacity of the road. . a REFERENCE SITE DESCRIPTION 1. Area: 52.47 acres (gross) , 41.54 acres (net-) 2. Existing land use: undeveloped 30. Property Owners: A + R properties (developer), Mike and Jean Hafner, Steve and Rite Shor SURROUNDING LAND USES : North: Single dwelling to � g is on O'Day, McCleland and Ferndale Streets and a 3.5 -acre tract with asin ' single home East: A 4 -acre tract of Ian d planned for low-density residential development with one single-family dwelling .South: St. Paul Educational Foundation property used for ski jumping West: Pleasant View Park anal- single family .homes on Marnie Street PLANNING 1. Land use plan designation, Existing - Open Space (OS) and Low-density• residential (RL) Proposed - Low-density residential RL 2. Proposed density: Y 2.3 units per acre (gross) and 1.8 units per acre (net) 3. Zoning: Existing - F, farm reside . nce Proposed - R-11 single -dwelling' residential mb\mem\highroar. mem Attachments: .1. Highwood Land Use Plan Ma(Existing)p 2• Highwood Land Use Plan Ma(Proposed)p 3* Property Line/Zoning Map 4* Proposed Preliminary Plat 50, Preliminary Plat Detail - b. 2-2-90 letter from the St. Paul Educational .Foundation 7 • 2-5-90 letter from Dean Sherburne (1x78 Marnle street) 8. Plan amendment. resolution 9e Street Vacation Resolution 10. Rezoning resolution Soo j major collector �{ 1 Linwood Totirrrtrrtirs�r■t�swrwtis.�wrssstrsAts�eiswr.�r ' e° • Ul RL - 0 r --� E r �• of �m '. r• R L > ! � a ,r! RL m no ollect V ! c llect� Highwood. *0s 44 a see i • • • • • • • • • • • • f Zee, • f• .i. ...,i..•.. ... ......, .0.. • f • f • • ....... .• • ..... , .. •..... •. ..•• • 7 • • • • 1 •'f • f , • • • • • • • • O • •. .., .. ...... .. ... Vit►... . Carver REVISED 5-27-87 10-28-87 3-04-88 ' 5-25-89 t� . ....• • • • • • ► . .. • • • • f.••0 a es....•..•..•.• .... Os .4� 1 . �. 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IL / • • .• j•• • '• //I IL 60 �. f ice• �'!• ..• ! • ,- ~ • OW •rw M • • w r `• • • • J t) ♦. • . 4f y ♦ • •. f/ I S • • ft • . •• • ' , • �"V • • tic fto" also tat •a rte • �• s • ; , . w l �. • • .• \ • • • •: �'rt.� • �/. * • . t • i • • • • • 40 .46 46 L. `� f • "all -21111 Bisset 12 INCH WATTRMAIN R"EMO IRED PRELIMINARY P.LAT 15 _ Attachment 4 1: ' . -6 ATTACHMENT 5 ..'. ' . OD vo Ft 80 VcP Go nVert at en d 60 sewer Pipe 990-00 ft. STERLING STREET>T BE VAQ)AT D fez. CA 10, RON REDESiGNED LINE cn P9QcF ------------ IL ------ OD OD v Ul 4N rn tv OD 15 60 ID ON- . -6 ATTACHMENT 5 ..'. ' . -THOMAS L. HARRINGTON. PRESIDENT �-26Ad-f.�kOROsft LUKE J. SOLER. VICE PRESIDENT "3 MARGARET ST. ST. PAUL, MINN. 55119 WILLIAM E. RYAN. SEC'Y•TREAS. 529 BURLINGTON ST. PAUL. MINN. 99119 The s Educational Foundation, Inc. 2278 Timberlea Drive Woodbury, MN 55125 DIRECTORS THOMAS L. HARRINGTON LOUIS W. HILL. JR. JOHN R. LYONS WILLIAM A. MAHRE HAROLD R. PETERSEN WILLIAM E. RYAN PH 1 LLIP L. SANDERS CARL R. SODERSECK LUKE J. SOLER FRANK R. THOMPSON WALLACE P. WAKEFIELD RICHARD WAKEFIELD City of Maplewood February 2, 1990 1830 E. County Road B Maplewood, MN 55109 Attention: Geoff Olson, AICP - Director of Community Dev. Subject: Prelininary Plat for Highwood Estates Number Two MEMORANDUM As established in the agreement dated June 27, 1988, on this project, a storm sewer and ponding area easement has been granted the City of Maplewood by the St. Paul Educational Foundation for run-off water from this development. However, the placement and design of the underground conduits to carry the water from Highwood Estates Number Two across our property to the existing storm sewer pipeline are yet to be established. Our granting of easements to cover these connecting conduits is contingent on our approval of the final design and also on our reaching a satisfactory settlement with the developer regarding this project as well as the un -finished committments in the 6/27/88 agreement. We look forward to reviewing the plans and arranging the necessary agreements so as to enable us to grant the required easements. cc: Roar Development Yours very truly, Thomas L. Harrington, .resident 17 ATTACHVENT 6 February 5, 1990 Mr. Geoff Olson: Thank you for keeping me informed of the progress on the Highwood Estates development project. We have had open spaces around our home for several years, and I appreciate that. I also recognize that Maplewood is expanding and it is not unrealistic.to have homes built around us in the very near future. I have a few suggestions that I hope will help: 1. The lots appear to be considerably smaller than the size of the neighboring lots, which are all 15,000 square feet. 2. There are six lots west of Sterling Street that have the same total width as five lots in the adjacent Pleasantview Park plat. These six lots also appear to be less deep than those in Pleasantview Park. All lots in Pleasantview Park are 15,000 square feet. Can you please, make the lots adjacent to Pleasantview Park at least 15,000, square feet? I expected the developer to recognize the greater value of the lots near the park. This would probably be to the developers advantage to increase the size of these lots. 3. I recommend that you request the city to vacate Sterling Street on the east side of Pleasantview Park and add this property to the park. I believe Sterling Street south of the park has already been vacated and given to the St. Paul Ski Club. 4. I f .Sterling Street connected to Nemi tz Street, you could also eliminate the need for Crestview Street west of O'Day Street. A path access to the park would still be required, but an additional 40 feet which is currently Southcrest could be added to the lots to increase their size. Geoff, you may contact me at 688-4147 during the day if you have any question about my recommendations. Sincerely, Dean E. Sherburne 1078 Marnie Street Maplewood, MN 55119 688-4147 day 738-1401 evening (hw. est) 18 ATTACNT 7 PLAN AMENDMENT RESOLUTION WHEREAS, Roar Development initiated an amendment to the Maplewood Comprehensive Plan from OS, open space to RL, low density residential and deletes the minor collector street for the following -described property: Outlot A, Highwood Estates.(Parcel 13-28-22-42-0040) WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on February 20, 1990 to consider this plan amendment. Notice thereof.was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on , 1990. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: 1. The property owner is proposing to develop this property for single-family homes. 2. The OS designation was left on the property in 1987 because development would cause storm -water runoff onto the ski jump property without drainage easements. Drainage easements have now been, or are in the process of being obtained. 3. The City has no plans to purchase the property for open space. 4. The proposed street does not meet the criteria for a collector. Adopted this day of , 1990. 19 Attachment 8 VACATION RESOLUTION WHEREAS, Roar Development initiated proceedings to vacate the public interest in the .following -described property: The undeveloped Sterling Street right-of-way from the south .property line of Parcel 13-28.-22-31-0067 to a point 320 feet to the south (as measured along the center line) and the Easterly 6 feet of the undeveloped Sterling Street right-of-way from a,point 220 feet south of the south property line of Parcel 13-28-22-31- 0067 to a point 420 feet south. WHEREAS, the fol lowing .adjacent properties are affected: Outlot A of Highwood Estates (Parcel 13-28-22-42-0040) and subject to road, except the north 552.1 feet of the following: Part westerly of center line of said road of Northwest 1/4 of Southeast 1/4 and part east of Pleasant View Park north of the Northeast 1/4 of Southwest 1/4 of Section 13, Township 28, Range 22 (Parcel 13-28-22-31-0064) . WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right-of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on February 20, 1990. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on , 1990 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above-described street right- of-way public interest in the property will accrue to the following -described abutting properties: outlot A of Highwood Estates (Parcel 13-28-22-42-0040) and subject to Road; except the North 552.1 feet of the following: Part westerly of center line of said road of Northwest 1/4 of Southeast 1/4 and part east of Pleasant View Park north of the Northeast 1/4 of Section 13, Township 28, Range 22 (Parcel 13-28-22-31-0064). 20 Attachment 9 NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following findings . of fact: 1. Sterling Street between the proposed vacation and Highwood Avenue has, already been Vacated. 2. Sterling Street should be aligned to coincide with Sterling.Street north of Highwood Avenue. 3. The proposed alignment will allow for the rear yards of the single -dwelling lots to be along the pipeline. This is preferable to having the street near or on the pipeline as it minimizes.the potential for a leak to enter the storm sewer or flow along the street. Adopted this day of 1 1990. 21 REZONING. RESOLUTION WHEREAS, Roar Development initiated a rezoning from F, farm residential to R-1, single-dwellinng residential for the following -described property: 1. Outlot A, Highwood Estates (Parcel 13-28-22-42-40). 2. SUB TO STH 100/117 THE W 100 FT OF E 298 FT OF N 245 FT OF W 1/2 OF NE 1/4 OF SE 1/4 AND W. 63 FT OF E 361 FT OF NO 183 9/10 FT OF SD W 1/2 IN SEC 13 TN 28 RN 22 (PARCEL 13-28-22-41-0012) . 3. EX E 173 FT OF N 1100 FT W OF CARVER LOTS & EX W 100 FT OF E 2 9 8� FT OF N 245 FT & EX W 63 FT OF E 361 FT OF N 183.9 FT OF W 1/2 OF NE 1/4 OF SE 1/4. PART, NWLY OF HWY 494, OF NE 1/4 OF SE 1/49 ALSO,, PART NWLY OF HWY 494 OF GOVT LOT 1 IN SEC 13 TN 28 RN 22 (PARCEL 13-28- 22-41-0013) . 4. SUBJ TO RD; EX N 552.1 FT OF FOL; PART WLY OF CL OF SD RD OF NW 1/4 OF SE 1/4 & PART E OF PLEASANTVIEW PARK NO 2 OF NE 1/4 OF SW 1/4 OF SEC 13 TN 28 RN 22 (PARCEL 13- 28--22-31-0064) . WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on February 20, 1990.' The Planning Commission recommended to the City Council that said rezoning be approved. 2. The Maplewood City Council held a public hearing on 1990 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 22 Attachment 10 3. The proposed change will serve the best interests and conveniences of the community_, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed R-1 'zoning would be consistent with the proposed RL designation on the Land Use Plan. Adopted this day of , 19909 23 Maplewood Planning Commission -4- Minutes 2-20-90 b. 8:00 p.m. - Highwood Estates No. 2 Secretary Olson presented the staff report. A commissioner objected to approval of this pipeline setback variance because of the possible hazards involved with a possible leak or explosion and, also because it would set precedence with the development in this area. Roy Bredahl, representing the applicant, said he objected to the recommendations of the staff report which require that sidewalks be installed and that no parking signs be posted on one side of Sterling Street and Southcrest Avenue, Mike Hafner, owner of a portion of the property, said he objected to the requirement for sidewalks and said the requirement for no parking on one side of Sterling Street and Southcrest Avenue should only be required if a parking problem develops. Steve Shor, 2060 Highwood Avenue, owner of a portion of this property, said the streets are wide enough to be used for walking and he objected to the requirement for the installation of sidewalks. Art Werthauser, representing the applicant Roar Development, said delaying the approval for development of this property leaves Mr. Shor unable to develop his property. Mr. Werthauser said Lot 9 has been proposed for development so that if there were an oil spill, the drainage would be away from the house. Mr. Werthauser proposed that the no parking requirement on Sterling Street and Southcrest Avenue be postponed until these streets are considered collector streets. Bill Mahre, St. Paul Education Foundation, was present and spoke regarding the St. Paul Ski Club and the past drainage policies and agreements for this area. Mr. Mahre asked that the completion of the drainage plan for Carver Avenue and the Fish Creek watershed area be completed before this proposed project is started. Mr. Mahre asked that the City Engineer provide a map showing the location of the drainage line from the new development into the ski club property drainage pond. The Director of Public Works responded that the linear drainage easement into the pond is part of the agreement between the ski club and the developer, however, the City is requiring that those easements be acquired. Maplewood Planning Commission -5- Minutes 2-20-90 Nick Marnie, 1058 Marnie Street, asked for information on the size of the proposed lots. Dean Wohlhuter, 1024 Marnie Street, commented on the amount of traffic and number of children. using Highwood Avenue and asked if there are any plans to widen this street. Secretary Olson said Highwood Avenue is a county road and the most recent information he had received from the county was that this roadhad not reached the planned capacity to receive any improvement. Ken Haider, Director of Public Works, said that if no parking or speed limit reduction sign requests are to be made regarding this street, the requests should be directed to him at the City and he will submit the request to the City.Council, who will then direct the request to the county. Commissioner Fischer moved the Planning Commission recommend: (1� Approval of the resolution which amends the land use plan for the southern portion of the plat from OS, open space to RL, low density residential, and elimination of the minor collector designation on the basis that: (a) The property owner is proposing to develop this property for single-family homes. (b) The OS designation was left on the property in 1987 because development would cause storm water run-off onto the ski jump property without drainage easements. Drainage easements have been or are in the process of being obtained. (c) The City has no plans to purchase the property for open space. (d) The proposed street does not meet the City's criteria for collector designation. (2) Approval of the resolution to vacate portions of the Sterling Street right-of-way. Approval is on the basis that: (a) Sterling Street north of this plat (between the proposed vacation and Highwood Avenue) has already been vacated. Maplewood Planning Commission -6- Minutes 2-20-90 (b) Sterling Street should be aligned to coincide with Sterling Street north of-Highwood Avenue. (c) The proposed alignment will allow for the rear yards.of the single -dwelling lots to be along the pipeline. This is preferable to having the.street near or on the pipeline as it minimizes the potential for a leak to enter the storm sewer or flow along the street. (3) Approval of the 30 -foot reduction in the required pipeline setback for Lot 9, Block 6 Outlot B), on the basis that the lot has a unique configuration and the need for Sterling Street to coincide with its alignment north of Highwood Avenue. This setback reduction shall be subject to the developer building a 6 -foot -high berm along the west line of the pipeline easement. The berm shall not have slopes of greater than a 3:1 ratio. This berm shall be shown on the grading plan. (4) Approval of the Highwood Estates No. 2 reliminar • preliminary plat, subject to the following conditions being completed before final plat approval: (a) Submittal of a signed developer's agreement, g , with required surety, for all required public improvements, erosion control and tree replacement. This agreement shall include (but not be limited to) : 1) A requirement for the placement of temporary fencing, during construction, around woodlots to be saved. 2) The installation of standard street lights in 8 locations, primarily at street intersections. An additional street light shall be required at the intersection of Highwood Avenue and Sterling Street at the time Sterling Street is extended. The exact location and type of lights shall be subject to the approval of the City Engineer. 3) If deemed necessary by the City Engineer, the construction of a 12 -inch - diameter water main from the south end Maplewood Planning Commission -7- Minutes 2-20-90 of Marnie Street through Pleasant View Park into the plat. The 12 -inch water main shall continue from the intersection of Sterling Street and Southcrest Avenue east along Southcrest to O'Day. Street, then north on 01Day to Ogden Avenue, (Nemitz Avenue.), then east to Nemitz Avenue and shall end at the intersection of Nemitz and Southcrest Avenues (Dennis Street) 4) The construction of a 8 -foot -wide bituminous trail from the south end of Marnie Street in Pleasant View Park to the intersection of Sterling Street and Southcrest Avenue. The location and construction of the trail shall be. subject to the approval of the City Engineer and Parks and Recreation Director. 5) Granting to the City of Maplewood a temporary 100 -foot -diameter cul-de-sac bulb easement for the temporary dead end of Sterling Street. (b) The right-angle curve at the intersection of Sterling Street and Southcrest Avenue shall be redesigned as a 90 -foot -radius curve, as measured along the center of the street. The property line between Lots 7 and 8, Block 7, shall be redesigned so that it is perpendicular to the center line of the street. (c) Sterling Street and Southcrest Avenue shall have a right-of-way width of 60 feet and a pavement width of 32 feet. (d) Approval of final grading, utility, drainage, erosion control and street plans by the City Engineer. The erosion control plan shall address the recommendations of the Soil Conservation District and the Ramsey - Washington Watershed District. (e) The grading plan shall include a proposed building pad elevation and contour information for each home site as well as the areas to be disturbed for street Maplewood Planning Commission -8- Minutes 2-20-90 construction. Housing styles shall be illustrated which minimize grading on sites that contain trees to be preserved. The grading plan shall show the depth and location of the Williams Brothers pipeline and shall show the required berm for Lot 9, Block 6, (Outlot B) along the west easement line of the pipeline. Deviation from the approved grading may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. (f) Approval of.a tree removal and planting plan by the Director of Community Development before g-rading or construction begins or final plat approval is given. This plan must illustrate the trees that are to be removed, those that are to be retained, and those that are to be replanted. (g) Recordable deed restrictions to be recorded to run with the title of the affected parcels, shall.be submitted to the City along with the appropriate recording fees to: 1) Require that the runoff from the roofs and driveways for the homes to be built on Lots 11-26, Block 1, to be diverted to Southcrest Avenue. The restriction shall also state that rain gutters and acceptable site grading shall be employed and maintained for the life of each property, as required by the City Engineer. 2) Except for Lot 9, Block 6, prohibit the construction of a dwelling within 100 feet of the Williams Brothers pipeline. (The lots that appear to be affected are Lots 1-8, Block 6, and Lot 26, Block 1.) The developer shall also notify the purchasers of the pipeline location. (h) This plat shall be subject to Section 9-191 of the Maplewood City code (Environmental Protection), including providing the City Engineer with a study prepared by a . registered soils engineer to certify the stability of potentially unstable slopes in the areas of the plat that will have significant grading. Maplewood Planning Commission -9- Minutes 2-20-90 Lot 8, Block 7, shall be dedicated to the City for park purposes. The Cit will a Y p Y for this lot from PAC funds. If the developer.and the parks director cannot agree on a purchase price for this lot, the developer shall pay for an appraisal which shall determine the price of the lot. Deed outlot A to the St. Paul Education Foundation. (k) The dedication of three feet of right-of-way to Ramsey County for Highwood Avenue. (1) Change the name of the north -south portion of Southcrest Avenue to Dennis.Street to be consistent with Maplewood's street name system. (m) .Crestview Court shall be renamed Mamie Court. (n) Ogden Avenue shall be renamed Nemitz Avenue. (o) Lot 9, Block 61 shall be platted as Outlot B. This outlot shall not be platted or used as a building site until Sterling Street is constructed through to Highwood Avenue. (p) Public stormwater piping easements shall be obtained from the owners of the St. Paul Education Foundation property to allow storm water from the plat to reach the City ponding area. (5) Approval of the resolution to rezone this property from F, farm residential to R-1, single -dwelling residential, based on the findings required b � g q Y ordinance and that the R-1 zoning would be consistent with the proposed RL designation on the land use plan. Commissioner Gerke seconded Commissioner Rossbach moved for division of the question to remove Item 3 to be voted on separately, Y Commissioner Cardinal secondedes--Axdahl Y , Barrett, Cardinal, Fischer, Gerke, Rossbach Maplewood Planning Commission Minutes 2-20-90 -10- The balance of the motion removi • ng Item 3, was voted on. Ayes--Axdahl, Barrett, Cardinal Fischer, Gerke, Rossbach Item 3 of the motion was then voted on. Ayesamu=Axdahl Fischer Nays --Barrett, Cardinal, Gerke, Rossbach 6. UNFINISHED BUSINESS 7. NEW BUSINESS a. Condit'onal Use Permit: Co • . pe Ave. (Cr dit Union) Secretar Olson presented tie staf f report for this requeste conditional use permit construct a one- story, 5,ranch office, Cit an Credit Uni n b Y County Employees . A representa this tive of the cre ' � d t union was present at meeting ut did not ha a any comments Commissioner F Scher mov the Planning Commission recommend adopt on of t e resolution a ' conditional use ermi ,pproving a t for an indefinite period of time to allow a credit uni n to be constructed nstructed 160 feet from the adjacent resid ial district South based on the of Cope Avenue, find, s required bcode. y A rov subject to adhere e t pp a1 is o the site plan dated Januar 9 1990. Y Commissioner C dinal s con ded Ayes--Axdahl, Barrett, Cardinal, Fischer, Gerke, Rossbach b. Rezoning: West of .White Bea Avenue, Radatz Avenue to County ad C Ken R erts, Associate Planner, presented the staff his proposed rezoning from farm' residential AGENDA REPORT TO: city manager FROM: City Engineer SUBJECT: Drainage Problem, 379 Lark DATE: April 3, 1990 AGENDA ITEM— /-/- V Action by Council.* 0 Endorsed. . Modified.. Rei ected,--.- The drainage problem around 379 Lark is within a rather isolated watershed. A couple of square blocks drain to the T.H. 36 drainage system. Storm sewer to drain the problem area would likewise be rather limited in size. It is recommended that this area be added to the feasibility study already in progress, Project 90-07, for water and miscellaneous improvements. KGH jc MEMORANDUM TO: Mayor & Counc i 1 members FROM: City Manager` RE: BATTERY RECYCLING DATE: April 4, 1990 ,fiction by Councill, Endorsed,. Modif ied....,,,, Rejected Date Michael Hines of Gopher Disposal contacted me saying he had some information for the Council on battery recycling. He said he would have the information to me as of the day the Agenda was to be printed, however, he has not. I will be requesting that no action be taken on this item at this time. MAM:1 nb H UNFINISHED BUSINESS 6, Consider Option For Open Space. Mayor Anderson placed this item on the Agenda, Y � 9 Action by Council., Endorsed v.,........, �.,. �..,,. Mo dif s eek ®��.... ...�. Re j ected- Date 4 .Act ion by Council,:, ORDINANCE NO, Endorsed_, AN ORDINANCE REQUIRING THAT CERTAIN Modified-,..�ej octod CONTRACTS FOR CITY CONSTRUCTION Date CONTRACTS CONTAIN PROVISIONS REQUIRING PREVAILING WAGE RATES BE PAID TO LABORERS AND MECHANICS ON THE PROJECT SITE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, DOES HEREBY ENACT AND ORDAIN: Section 1. The Municipal Code of the City of Maplewood is amended to read as follows: A. Cit Poli,, . It is in the public interest that public buildings be eons Lructed and maintained in the highest quality and that the men and women be compensated to the full p and dust value of the services they perform. It is therefore declared to be the policy of the City of Maplewood that the wages paid to the trades, occupations and laborers on these projects financed in whole by City funds should be p wages comparable to aid for similar work p g in the community as a whole. B. Definitions. The terms used in this Section shall have the meaning given them unless otherwise defined. 1. City Project. "City Project" means the erection, construction or remodeling of a building where all the following conditions are present: (a) The work is performed on real property and not. solely on personal property; (b) The project is required to be competitively bid pursuant to Minn. Stat. §471.345; (c) The work is to be let by the City under Contract; and (d) The Project is financed in whole by City funds. 2. Prevailing Wage. "Prevailing Nage means the hourly basic rate of pay plus the contribution for health and welfare benefits, vacation benefits, pension benefits, and any other economic benefit paid to the largest number of workers engaged in the same class of labor within the community, including the rental rates for truck hire paid to those who own and operate the truck. The prevailing .. P g wage rate may not be less than a reasonable and living wage. The rate shall be the one as determined by the Commissioner of Labor and Indust from time Industry to time pursuant to Minn. Stat., §177.41 to §177.44., 3. Community. "Community" means the County of Ramsey. 4. Hours of Labor. "Hours of labor" means hours of labor per day and per week worked with the community by workers of the same class. The prevailinghours of labor may not be more than eight hours per day or more than 40 hoursP er week. However, no worker shall be permitted or required to work more hours than herein specified unless all hours in excess of per eight hours da or 40 g p Y hours per week are at least at the rate of one and one-half the hourly basic rate of pay. C. Contract Reauirements. The bid specifications and the contract for any city project shall contain the following provisions, or language similar in content or intent. 1. The contractor and any subcontractor, agent or other person doing or contracting to do all or a part of the City Project must pay at least the prevailing wage rate to all trades and occupation workers employed directly on the work site. 2. Upon request of the City, the contractor and any subcontractor, agent and other person doing or contractingto do all or a art of the work of the Ci Project p City J shall within five (5) working days s"Oply the City a, copy of pa),rrolls showing wages paid, and a wage compliance statement with respect to wages paid each of its laborers, workers, and mechanics employed directly on the City Project work site. In the event such statements are not provided or in the event such statements disclose that the required Prevailing Wage Rate is not beingaid P then the City shall have the right to withhold payments to the contractor for such periods of non-compliance. The withheld payments shall be equal to the difference between the wages paid and the Prevailing Wage Rate for the period of non-compliance. During the work, the City shall have the right to require an audit f the contractor's books to determine compliance or non-compliance. Each contractor and subcontractor shall retain copies of the weekly payrolls for a period of not less than one (1) year after completion of the work. D. Exceptions 1. The requirements set forth in the previous section do not apply to wage rates of laborers, workers, or mechanics who process or manufacture materials or products or to the delivery of materials or products by or for commercial establishments which have a fixed place of business from which they regularly supply processed or manufactured materials or products. Provided, however, the requirements- set forth in the previous section do apply 1 to laborers workers or n a:,charucs -�ho deliver mineral au &%W s;ich as sand, gra:Tel, or stone ���hich is incorporated into the work under the contract by depositing de ositin the materials substantially in place, directly or through spreaders, from the transporting vehicle. 2. The requirements set forth in the previous sections do not apply to city projects where 20% or more of the funds are derived from special assessments pursuant to Minnesota Statute §429, et al. Section 2. This ordinance shall take effect and be in force from the and publication as provided date of its passage p by law, g Mayor ATTEST: City Clerk Ayes - Nayes- AGENDA REPORT TO: City Manager FROM: City Engineer SUBJECT: Holloway Avenue Project 87-14 DATE: April 2, 1990 AGENDA ITEM Action by Ca cil:i Endorsed od.i.fi.ed Rejected..----. Date. The city council requested the attached information at the April 12, 1990 council meeting. Attached are the following city council minutes: 4/13/87 public improvement petition 5/23/88 public improvement hearing 8/22/88 street vacation hearing 11/26/88 public improvement hearing North St. Paul 2/21/89 public improvement hearing This project requires four votes for construction.to proceed. KGH jW Attachments . • 4/13/87 PUBLIC IMPROVEIVINT PETITION ,. FOLDER ~ INITIALS 13. Public Improvement Petition - Holloway Avenue, Beebe Road to Furness. Parkway a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Bastian intoduced the following resolution and moved its adoption: 87-4-68 WHEREAS, it is proposed to construct Holloway Avenue between Beebe Road and Furness Parkway and to assess the benefited property for all or a potion of the cost of the improvement, pursuant to Minne- sota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2. That this study shall not begin until the petitioner establishes with the City a cash escrow in the amount of $6,000..00. This cash escrow shall guarantee the payment of the feasibility study preparation costs with payment to.be made only if the project is • not ordered and is equal to 150% of the estimated preparation cost. The cash escrow shall be either a letter of credit or a certified check. Seconded by Mayor Greavu. Ayes - all. .5/23/88 PUBLIC IMPROVEMENT HEARING. v _.._..__...... ... � INITIALS .. , 3. 7:20, .P.M. Holloway: Beebe to Furness Project 87-14 a. Mayor Greavu convened the meetingfor public hearing regarding P � .the proposal to construct street, water main, storm sewer and sanitary sewer on Holloway Avenue between Beebe Road and Furness Street and to reconstruct Holloway Avenue, � including utilities, from Furness Street to McKnight Road, oad. b. Manager McGuire presented the Staff report, C4. Director of Public Works Ken Haiderresented the specifics P p ics of the proposal. d. Commissioner Dennis Larson presented the PlanningCommission recommend - tion. a e.. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: g Bill Hahn,2234 E. Holloway, presented aetition signed W p gned by area residents. Larry estbrock, 1900 Furness Street Steve Kayser, 18520 23rd Avenue North Plymouth Kathy Sagissey, 2251 E. Holloway Avenue Barbara Hahn, 2234 E. Holloway Avenue Nick Hahn, 2234 E. Holloway Lynda Ahlgren, 1906 Howard Street f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to deny the p0 ro t Seconded by Councilmember Juker. Ayes -- all. h. Bob .Engwer of North St. Paul, the developer, spoke. .i. Mayor Greavu moved to initiate a vacation of,a_ portion of }follow Avenue. Seconded by Councilmember Rossbach. Ayes - all. . .... .. 8/22/88 STREET VACATION ... HEARING • z d01 •00 P • . H lows Avenue . 7 . . M� q�. y l a. Plan Amendment (4 Votes) b* Street • Vacation 1. Mayor Greavu convened the meeting for a public hearing regarding the proposal to vacate the south half of 11olloway Avenue between Furness Street and Beebe Road and for approval of a plan amendment to vacate a portion of Holloway Avenue between North St. Paul Road and McKnight Road which is designated as a "major collector street" in the comprehensive plan. 2. • Manager McGuire presented the Staff report* 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Bob Cardinal presented the Planning Commission report. .5. Mayor Greavu called for proponents and opponents. The following were heard: Fred Valencour, 2104 E. Cowern, wished the street to go through Bob Engwer, the petitioner, spoke on behalf of the proposal. 6. Mayor Greavu closed the public hearing. 7. Councilmember Rossbach moved to take no action. • Seconded by Councilmember Anderson. Ayes - all. • 11/28/88 PUBLIC tUIDER NO .._9611/ } INITIALS r1 - ; • Ad ' a �. es) 7-20 P.M. Holloway Avenue Project 87-14 (4 Vot- L - r Greavu convened the meeting for a Public lie,ring regarding thea. Mayo proposal to construct Holloway Avenge from Beebe Road to Furness t-Vel i r b. Manager McGuire presented the staff report* i c. Chairman Les Axdahl presented the Planning Commission report. d. Mayor' Greavu called for proponents and opponents. The following were t heard: J i Bob Engwer spoke in favor of the proposal. C e. Mayor Greavu closed the public hearing. f C�uncllm " ember Anderson introduced the followingresolution ancl. moved its , adoption: 88-11--195 WHEREAS, after due notice of public hearing on the construct ion of street with concrete curb and gutter and utilities oil llol lo+��ri}� �1��c��rtTe, Beebe Road to Furness Street, City Project 87-14, a heal- i ng oil sir P rovement in accordance with the notice duly gi%ten was duly held urr November 28, 1988, and the Council has heard all persUlls desiring to be heard on the matter and has fully considered the s:inrc• ; NOW THEREFOREs BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOUD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct street with concrete curb and gutter and utilities on Holloway Avenue, Beebe Road to Furness Street City Project 87-14, as described in the notice of hearing thereof, and orders the sarne to be made. 2. The City Engineer is designated engineer for this improvement and'is hereby directed to prepare final Mans and spec l f icat tc�rls for the making of said improvement. ''!! Seconded by Councilmember Rossbach. Ares - all. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North S t . Pau 1, Minnesota 10The construction of Holloway Avenue from Sixth Street to Seventh Street is hereby approved. 2. The feasibility report is hereby accepted and approved. 3. The City Engineer is directed to work with the City of Maplewood to prepare the necessary plans and specifications. 4. Pursuant to 'Minnesota Statute 429.041, Subd. 1, this approval is valid until November 30, 19910 Adopted by the City Council. ,of die City of North St. Paul, Minnesota, oil •• da of �2 tlt�.., 21st Y _--_ FebruarX 19 •. �1ha�ic Moi:ioil was made by Lyon 5�,��t,cic�ci i� f rlcC:a 1 As Assistanj Clerk, of the pity of North Tlie' .Col lowing voted Aye: All St. Paul, I hereby certify that this Resolution is a true and correct copy The following voted Nay: of the one adopted by the City Council at a regu!,3-r ieeting field cry th... The following abstained: day of � � Y``"'' , 198 , • Mayor Sandberg absent , - .. `• � NOn ST. PAUL 2/21/83 PUBLIC IMPROVEMENT H RESOLUTION N0. MAR 2 i WHEREAS : . 1, The public hearing for Holloway Avenue Construction from Sixth Street to Seventh Street was opened at 8:30 p.m. 2e The City Engineer explained the Project and all residents who wished to talk about the proposed improvement were given as much time as they needed to do the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North S t . Pau 1, Minnesota 10The construction of Holloway Avenue from Sixth Street to Seventh Street is hereby approved. 2. The feasibility report is hereby accepted and approved. 3. The City Engineer is directed to work with the City of Maplewood to prepare the necessary plans and specifications. 4. Pursuant to 'Minnesota Statute 429.041, Subd. 1, this approval is valid until November 30, 19910 Adopted by the City Council. ,of die City of North St. Paul, Minnesota, oil •• da of �2 tlt�.., 21st Y _--_ FebruarX 19 •. �1ha�ic Moi:ioil was made by Lyon 5�,��t,cic�ci i� f rlcC:a 1 As Assistanj Clerk, of the pity of North Tlie' .Col lowing voted Aye: All St. Paul, I hereby certify that this Resolution is a true and correct copy The following voted Nay: of the one adopted by the City Council at a regu!,3-r ieeting field cry th... The following abstained: day of � � Y``"'' , 198 , • Mayor Sandberg absent , - MEMORANDUM Action On by Council TO City Manager Endorsed........ FROM: Director of Community Development Modifloed..., SUBJECT: Code Amendment - Electrical Inspections Re • eete DATE: March 27 1990 Date INTRODUCTION Staff is proposing that City Code be amended to provide for City electrical inspections. Section 326.244, subdivision 1 of Minnesota Statutes states that an inspector from. the State Board of Electricity must inspect all electrical installations in the City, unless the City provides for local .inspection by ordinance. The . City's electrical inspector, Gunnar Pettersen, has informed me that the City used to have such an ordinance, but apparently it was inadvertently deleted in a past Code revision. Mr. Pettersen cannot legally enforce the electrical code in Maplewood without the adoption of this ordinance. RECOMMENDATION Adopt the attached ordinance. GO/memoll Attachment: Code amendment ORDINANCE NO. AN ORDINANCE CONCERNING ELECTRICAL INSPECTIONS`AND REQUIREMENTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: section 1. Chapter 9 of the Maplewood Code of ordinances is hereby amended to add Article XII as follows. ARTICLE XII. ELECTRICAL INSPECTIONS SeC. 9-230, Application This article shall apply to all electrical installations in any construction, remodeling, replacement, or repair within or on public and private buildings and premises, except as specifically provided by this article and by Minnesota Statutes. The City elects to provide for inspection of electrical installations within its jurisdiction.as authorized by Minnesota Statutes 326 244. Subd. 4 Sec. 9-231. Electrical Inspector The position of electrical inspector is hereby established. The person chosen to fill this position shall hold a license as a master or journeyman electrician under Minnesota Statutes, Section 326.242, Subdivision 1 or 2. The electrical inspector shall be appointed by the city manager. The electrical inspector shall receive as compensation 80% of electrical permit fees. .Sec. 9-232. Electrical Permits No electrical installation in any construction, remodeling, replacement or repair, except minor repair work as defined in Chapter 3800.1100 of the Minnesota Rules, shall be made without first securing a permit therefor, Permits. shall be granted. only to properly licensed electrical contractors who are registered and bonded by the state of Minnesota, except that such permit may be granted to a bona fide owner of single-family residential property, who intends to conduct such work on his said property and who occupies or intends to occupy said property and further, who demonstrates to the satisfaction of the electrical inspector that he has sufficient knowledge to perform the required work. Sec* 9-233. Penalties Any violation of this article, including a failure to file a permit when required, shall be a misdemeanor violation subject to all penal provisions of this code and the State Electrical Act. Any person who shall commence work of any kind for which a permit is required under the provisions of this code without having received the necessa ermit therefor shall, when ..first ry p subsequently receiving such permit, be.required to pay double the fees provided in this anti cle . Seco 9-23 p .4. Adoption of state Board of Electricity Rules and Regulations. The Minnesota State Board of Electricity Rules Chapter 3800o 110.0 : throu h 3800.-3100, revised September .1989, and any.future. g revisions, modifications or amendments theretop are hereby ted b reference except for fees which shall be established ,.adopted y • p b Cit Council resolution. WI th regard to said rules adopted by y Y��for.,ins inspection", is used reference, wherever the phrase request p therein, substitute the words "apply for electrical permit" and th � �� Board of wherever the words lithe Board referring to the State ' are used therein substitute the words lithe al .Electricity Section 240 This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Maplewood City Council on . 1990• r MEMORANDUM TO City Manager .FROM: Director of Community Development SUBJECT: Sarrack's International Wines and Spirits LOCATION: 2305 Stillwater Road DATE: March 27, 1990 INTRODUCTION Action by GOuncile3 Endorsed Modified Rej ected,..�.. Date The City Council, on March 26, asked what the procedures are for rehearing the variance that they denied for Sarrack's International Wines and Spirits. BACKGROUND The City Council denied Mr. Sarrack's request for the variance on January 8. The variance would allow him to expand the parking lot up to five feet of the north property line. The zoning of the property to the north is residential. City Code requires at least a 20 -foot landscaped yard between a commercial use and a residential property line. ALTERNATIVES le Mr. Sarrack could reapply for the variance. The application fee is $79. The Community Design Review Board considered this request last time.The Council could waive this review since the Board has already reviewed it. 2. The City Council could waive their rules of procedure to reconsider the variance request at their April 23 meeting. DISCUSSION Alternative two may imply to residents that the Council, by waiving their rules, has decided to approve the variance before the hearing. This would not be a problem if Mr. Sarrack reapplied. If he does, I. will schedule his request for the first available Council meeting. RECOMMENDATION Staff recommends that the Council waive the Community Design Review Board review if Mr. Sarrack -decides to reapply and there are no design changes. GO/memo5.mem Attachments: 1. Property Line/Zoning map 2. Site plan r. i tat l,. cr M,M "+rCO- - 1 I. •/ra C W ._ .._ .r -. ,•• ,� /`fit . — 40 ,� ../. :._4 .......—....r. .. ._... 0 •+ 1 • Z a: 4 lb V .rI Qt i 2315 � —f _ ,f"•'`' . � _ .... -, :,,M i r ? .,► ' 784 BUSN t ':• •• • \•:%. •Y• S: • •:tip \•• • ►i •• ••••: - . I ••• ,.. �•• 1 1 11776 al •:•::ti:;::::::�� P1.768SARRACK ... ::.•.: 'S •� c to .. .,.: ti ti \ G iA -0758 ........... ... ..r. .�.. •• : Tom••. ••A•. f ' , _ !_ 4 (443 756 (MOW* a C . I7 f- Its CARDINAL OFFICE P �K • ; �, � 4 -.11 . CLIFF'S BARBER '*Vo 01 SPARTAN, SPECIALTIES } 1 I SHOP �, y� (:, s� �°� �2 a) �2 9) X30) ;f3 � ; �3 L 1 ; 3 S ► , s �~) (340) 17: � : � ' 1349 --MINN EHAHA AVE ` 30—foot building setback proposed; 50 feet typically required. 5 foot parking arkin lot setback proposed; 20 feet typically requirede �r FFANEY AVENUE v raft of wmw-�o w��oo FCA AEANEV ^Okfi KAC0N94Fu=04 WWW GRIMM;* iWxnvT" mar. 0"M fccwws l Lor AMA = SiJWtit SF • • . • DSS i�IG 8t1[.t�NG ' • . • row Sr. MAUMD Sr. Obi 400 &F. VOMOM NEKBLALDM ADD(TK)N ' IST RDI CR SMO SE MAL %a FLOOR - two SF. t DQW ` 2ND FLOOR - S,F.OFi�:E• Irm SP. - amu.. WrIA - T/1000 SF. - Wit. VVY040M. FETA- 0400 SF.Wo 4-4?. OFFICE sw MWO - 4S • WAFEMOUSE ego 3FA000 -SM 71 e 1MAL PAW 4G PROVDW 72 SITE PLAN 3 Attachment To City Manager Dnd orsed�.w. --- FROM: Director of Community Development Modif ilec"L. SUBJECT.: 2264-2292 Larpenteur Avenue Rejected DATE : March 26, 1990 Date INTRODUCTION The City Council, on March 26, asked staff to _investigate the four homes moved onto the south side of Larpenteur Avenue, east of McKnight Road. The Council had several concerns: 1. Are the homes the same ones that they approved? 2. Is the garage on the corner house on the same side as the developers' photos showed? 3. Is the siding changing? (The developers removed the brick from several of the homes . ) 4. Will the basements have water problems? BACKGROUND The City approved the moving of these homes on January 22, subject to several conditions and guarantees. This project is a joint venture between Robert Leibman, Jeffrey Cody and Sam Cave. Mr. Leibman and Mr. Cody were responsible for moving the homes to the site. Mr. Cave is responsible for installing and remodelling the:homes for sale. DISCUSSION These homes are the same ones that the City approved, including the garage location on the corner house. The homes on lots two and three look different because Mr. Leibman and Mr. Cody had the brick removed. This was done because they could not find a mover to move these homes with the brick on. The house on lot 2 had brick on all four sides. The house on lot 3 only had partial brick on the front. The other sides have blue siding. The corner house has all of it's brick. The house for lot 4 has most of it's brick, but some of the brick on the back corner fell off during the move. Mr. Cave, the builder,.is proposing to replace the brick on just the fronts of these homes . He would like to use aluminum siding on the side and rear of the homes. Mr. Cave is proposing to install drain tiles, in addition to the normally required waterproofing of the basements. The corner house, in particular, is a concern because it is so close to the pond. The engineering department is requiring that Mr. Cage fill the area of the pond between the house and McKnight Road. This will move the pond further from ---the- basement.- - The---hou-se on the corner has a garage on the west or pond side. There is no basement under the garage. This puts more distance between .the pond and the basement. RECOMMENDATION I recommend that the Council adopt the following motion: The developers must: 1. Replace the brick on the homes going on lots 3 and 4. 2. Replace the brick on the front and both sides of the home going on lot 2. 3. Extend the storm water pipe under Larpenteur Avenue to the south and fill the pond, west of the corner, home. The developers must first submit a filling plan to the City Engineer for his approval* GO/memo6.mem Attachments: 1. Site plan 2. 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' $ +t•� r<�'�..�f/Mi•R f a`. �., �Apsi• w „•v. 1 ��ya��� -7k,,. •+�►. w.. _. ....,,;w. ,. �+t�• • � • _ � Y t- dt. •� '^`�•�1i�r�•i'� .w�ii+•-adY `":i .t.:.r.•. «.w r i+ t' . , w.' .,t, - ;>•c'.,a '•4� nmU+' 7.- low Tv may- _ ._ » . •�.....,....-� . ., ti �Now. t I"' �'i'�' "w"'l .'•!�'� ;. �= _ " *�� moi. ,a•J�! •L.�-. .• .. w . _. _. •.+r , i i. s • ="-mono,• • A• • • • wr• -++—. ~ r ,. wry e. dam „�,;,,�T.—• ice' �� �. .� arm. • • �'� �.. I r" � r. • ' - 5 TO: FROM: SUBJECT: DATE: INTRODUCTION MEMORANDUM City Manager Director of Community Development 2626 Highway 61 and 1186 Co. Rd C March 20, 1990 Action by Couric3ils Endorsed.. .. Modified FeJected- . Date The City Council, on January 11, requested a staff report on removing the buildings at the southeast corner of Highway 61 and County Road C or using the repair garage as an historical museum. BACKGROUND This property has two abandoned buildings on it, formerly Owned by Calvin and Marie Elzy - a home at 1186 County Road C and a p repair garage. The City's building official inspected the property and found that the house was boarded up. It appears from the outside to be in,a safe condition. Entry could not be obtained to determine if the interior was safe,9 The former repair gg p ara a is not boarded a The inspector found that this structure is a hazardous structure. The building code requires g g p the ara e be re aired demolished or removed. Section 19- that 12 of City Code requires that the City give the property owner 30 days notice to correct the situation or the City can have the Y building demolished and the costs assessed against the property. This property does not have street access. The access was purchased b the Minnesota Department of Transportation. The is owned b Mr. Hess Kline, who also owns the Mitsubishi. property , y .. dealership further south and is part owner In the adjacent lot to the north of it. The property directly south of the corner is owned b Lakeview Lutheran Church. The Church is not property Y interested in allowing access over their property to the corner property. The Church is concerned that it will become another Gar dealership. DISCUSSION The Director of Parks and Recreation is of the opinion that the 'n is not worth of being a City historical museum and it building y g is not worth the cost to remodel it* The building should, therefore, be repaired or demolished. RE COMMENDAT I ort Authorize staff to give Mr. Kline 30 days.notice to repair, demolish or remove the former repair garage at 2626 Highway 61 within 30 days of notice. Go/memo 7 . mem Attachments: 1 Location map 2. Property line map P oAo • 69 VADNA/S HEIGHTS 9 co RD „ o ., E . q f W t E0WA;1?gCYtJ STI. �1 • F/ ! A AV' :XTAN T AV W a GERV� r AV Z W DR �c r",--�% Knuckle Head Lake h 49 W W A LOCATION MAP 1186 cou tY ao" c N 3 Attachment 1 be r 01? 1. to I AL 4 be .��. be toTe.; �h�As.a•46ay—�C� j / 2 ` _ 4a� {�S) (63� 10 3S %Ai .. If 6A1 .. I • i.i,• T We �. \Iry� �? ' •fie r,':.` .. - o� •� WOW A (2 1 :::•.•:: a 8 O •• • • • • • •. ••day. 0) 9.0.0 it, be 0.\ X. o ' •• . N ... M I (76)Lu Sol, I 01 Ir L C sG's PROPERTY LINE /ZONING MAS, 1166 County Road C 4 Attachment 2 AGENDA REPORT TO City Manager FROM: City Engineer SUBJECT: Ramsey County Overlay Agreement DATE: April 2 ., 1990 AGENDA ITEM �- S' .Ac on by Couneii-pi Endorse . Modified Re j .ected. Date Ramsey County - is again offering shoulder paving on four roads that are scheduled for major maintenance this year. The .locations and estimated city cost follows: 1. County Road D from Labore Road to 0.35 miles east $ 11449 2. Minnehaha Avenue from McKnight Road to Century Avenue 12,279 3, Maryland Avenue from old McKnight Road to new McKnight Road 11020 4. Edgerton Street from Larpenteur Avenue to T.H. 36 4,t719 Total $19,467 This program has been well received by the public and certainly "dresses up" the finished street. It is recommended the city council approve execution of the attached agreement with the financing to be from the Street Construction State Aid Fund (404). KGH 3w Attachment ..Ramsey County Agreement No. 90-04 City of Maplewood Agreement No. Aareement, for Construction of Paved Road Shoulders THIS -AGREEMENT, by and between the County of Ramsey, a political .. subdivision of, the State of Minnesota, hereinafter referred to as the "County", and the City of Maplewood, a political subdivision of .the State of Minnesota, hereinafter referred to as the "city" WHEREAS, In 1990 the County plans to improve County Road D from Labore Road,to 0.35 miles *east via pavement recycling and overlay; and WHEREAS, The improvement work is proposed to 'include the installation of bituminous shoulder paving; and WHEREAS Under the County cost participation policy as outlined in Resolution.9-1272 the City is to pay 75% of the cost of shoulder paving. The parties mutually agree as follows: - 1 -'The County will construct four foot width paved n shoulders oCounty Road D f rom Labore- Road to 0. 35 miles east as part of the recycling c--ind overlay improvement of this roadway. 2. The estimated cost of the portion of the shoulder paving in the City is $1,932 for 1,216 lineal feet. 3. The 75% City share of the shoulder paving cost shall be $1,449. 4*. The City shall pay 'its. share of the shoulder paving costs to the County after completion of the shoulder paving and upon submission of a bill to the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to .be executed by their respective.duly authorized officers. CITY OF MAPLEWOODs MINNESOTA COUNTY OF RAM EY Its By Its Date By Executive Director Date Approved as to For'ln.: Assistant County Attorney Reccommended for Approval Director of Public Works and County Engineer Ramsey County Agreement No. 90-05 City of Ma*ple,wood Agreement No. Agreement for Construction of Paved Road Shoulders THIS AGREEMENT, by and between the County of Ramsey, a politiccal subdvision it I. i -on of the State of Minnesota, hereinafter referred to as the "County", and the City of Maplewood, a political subdivision of the State of Minnesota, hereinafter referred to as the "city" WHEREAS, In 1990 the County plans to improve Minnehaha Ave from McKnight Road to Century Avenue via pavement milling and overt cay; and WHEREAS, The 'improvement work is proposed to include -the addition of bituminous shoulder paving along part of this improvement; and WHEREAS, Under the County cost participation policy as outlined in Resolution 9-1272 the County is to pay 25% and the City 75% of the costofshoulder paving. The parties mutually agree as follows: 1. The County will construct four foot width paved shoulders oi-1 Minnehaha Avenue from McKnight Roa*d to Century Avenue as part c -)f the milling and overlay improvement of this roadway. 2. The estimated cost of the shoulder paving is $16,372 for 9,200 lineal feet. 3. The 75% City share of the shoulder paving cost shall be $12,279. .4. The City shall pay its share of the shoulder paving costs to the 1, County after completion of the shoulder paving and upon submission of a bill to the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement -to be executed by their respective duly authorized officers. CITY OF MAPLEWOOD, MINNESOTA By Its By Its Date COUNTY OF RAMSEY By Executive Director Date Approved as to Form: Assistant County Attorney Reccomniended for Approval Director of Publ 14c Works and County Engineer Ramsey County Agreement No. 90-06 City of Maplewood Agreement No. Agreement for Construction of Paved Road Shoulders THIS AGREEMENT, by and between the County of Ramsey, a political subdivision of the State of*Minnesota , hereinafter referred to as the "County", and the City of Maplewood, a political subdivision of the State of. Minnesota,- hereinafter referred to as thie 16.cityfl, WHEREAS, In 1990. the County plans to improve Maryland Avenue from old McKnight Road to new McKnight Road via pavement recycling and overlay; and WHEREAS, The 'improvement work is proposed -to include the addition of bituminous shoulder paving along part of this improvement; and WHEREAS Under the County cost participat' policy as outlined in WHEREAS, ion Resolution 9-1272 the County is to pay 253 and the City 75% of the cost of shoulder paving. The parties mutually agree as follows: 1. The County will construct four foot width paved shoulders on Mary- land Avenue from Old McKnight Road to new McKnight Road as part of the recycling and overlay improvement of this roadway. 2i The estimated cost of additional ShOUlder paving is $1,360 for 930 lineal feet. 3. The 75% City share of the shoulder paving cost shall be $1,020. 4. The City shall pay its share of the shoulder paving costs to the 41 County after. completion of the shoulder paving and upon submission of a bill to the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. by their respective duly authorized officers. CITY OF MAPLEWOOD, MINNESOTA 0 By Its Its Date COUNTY OF RAMSEY By Executive Director Date Approved as to Form: Assistant County Attorney ReCCOMmended for Approval Director of Public Works and County Engineer Ramsey County Agreement No. 90-07 City of Maplewood Agreement No. Agreement for Construction of Paved Road Shoulders THIS -AGREEMENT, by and between the County of Ramsey, a political subdivision of.the State of Minnesota, hereinafter referred to as the "County", and the City of Maplewood, a political subdivision of the State of Minnesota, .hereinafter referred to as the "City" WHEREAS, In 1990 the County plans to improve Edgerton Street from Larpenteur Avenue to TH 36 via milling and overlay; and .WHEREAS, The improvement work is proposed to include theaddition of bituminous . shoulder paving along part of this 'improvement; and WHEREAS, Under the County cost participation policy as outlined in Resolution 9-1272 the County is to pay 25% and the City 75% of the cost of shoulder .paving . The parties mutually agree as follows. 1.* The County will construct four foot width paved shoulders on Edgerton Street from Larpenteur Ave'nue to TH 36.as part of the milling and overlay improvement of this roadway. 2. The estimated cost of additional shoulder paving 'is $6, 292 f or 2, 200 lineal feet. 3., The 75% City share of the shoulder paving cost shall be $4,719. 4. The City shall pay its share of the shoulder paving costs to the County after completion of the shoulder paving and upon submission of a bill to the City.' IN.WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers. CITY OF MAPLEWOOD, MINNESOTA COUNTY OF RAMSEY By By Executive Director Its 10 Its Date Approved as to Form: Assistant County Attorney Date Recconimended for Approval Director of Public Works and County Engineer AGENDA ITEM V Action by Council, AGENDA REPORT ._- TO: City Manager Endorsed Modified_...--------. FROM: Assistant City Engineer Irish- Rej ected Date SUBJECT: Southlawn Avenue, Project 85 -17 --Change Orders Six and Seven, Accept Project and Order Preparation of Assessment Roll DATE: April 2, 1990 Introduction Attached are two proposed change orders for the subject project. Resolutions are attached to approve the change orders accept the project, and order preparation of an assessment roll. Background Change Order Six is in the amount of $666.51. The.January 17, 1990 cover letter from Kenneth Meister explains the circumstances of this change order. Change Order Seven is a final compensating or recapitulating change order. No additional work is associated with this change order. It is a tabulation of the algebraic difference in final quantities from the estimated quantities of the bid times the bid price. Change Order Seven is in the amount of $28,344.08. Major differences in the quantities occurred for select granular borrow and aggregate base. This is due to the additional pavement strength required to span an area of marginal subgrade that was encountered during construction. Recommendation The contractor has satisfactorily completed all work required by the plans and specifications. It is recommended that Change Order Six and Change Order Seven be approved, as well as accepting the project from the contractor. It is appropriate to ,prepare an assessment roll at this time. However, the project fund should remain open to pay for the costs of the assessment hearing, investment management fees, and insulation of a segment of water main. A section of water main .that should have been insulated was not done due to an error by the consulting engineer. The consulting engineer has agreed to pay all costs of this work except for the actual insulation itself. Project 85-17 --2- April 2, 1990 Budget --Imp act After implementation of the change orders, the project is still within budget. No budget changes are requested at this time. BAI 7w Attachments RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has, heretofore ordered made Improvement Project 85-17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, . and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85-17 Change Order Six. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Six in the amount of $666.51. RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 85-17 and has let a construction contract pursuant to Minnesota. Statutes, Chapter. 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85-17 Change Order Seven. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Seven in the amount of $28,344.08. RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city manager for. the City of Maplewood has determined that Southlawn Avenue, City Project 85-17 is complete and recommends acceptance of.the project; NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF MAP'LEWOOD, MINNESOTA, that.City Project 85-17 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer have final construction costs for the improvement of Southlawn Avenue, City Project 85-17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement.against every assessable lot, piece or parcel of land abutting on the streets affected, without _regard to cash valuation, as provided by law, and they shall.file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the, council thereof. CHANGE ORDER ENWNEER51 ARCHITECTS PLANNERS 222 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 612 484-0272 OWNER_ City of Maplewood DATE December 21, 1989 OWNERS PROJECT NO. . 85-17 SAP 138-117-01 CHANGE ORDER NO. 6 PROJECT DESCRIPTION Utility and Street Improvements. SEH FILE ND. 88082 on Southlawn Ave and Furness Parkway The following changes shall be made to the contract documents Description: Add Item 025 7.920 Remove 8" watermain s tub , 8" G.V. and fittings LS $283-31 Add Item 025 7.930 Replace 1-1/2." curb stop canal 900 bend. Lower 2 gate valves LS <383.2o $666.51 Purpose of Change Order. - The 8" waterma.in stub was removed at Sta . 11+02 on Southl awn Avenue per request by St, Paul Water Utility . The air vent needed to be replaced and two gate valves needed adjustment by the Hillcrest Reservoir per request by St. Paul Water Utility. No State Aid Participation on these items. Basis of Cost: 9 Actual o Estimated Attachments (list supporting documents) Contract status Original Contract Net Change Prior C.0.'s 1 to 5 Change this C.O. Revised Contract Recommended for Approval: Short -Elliott -Hendrickson, Inc. Agreed to by Contractor By - Title ► Time Cost $442,947 . 02 33,520.95 666.51 $477,134.48 By -00 "nneth Meiste" Appf-Owed for Owner.- 0 wner: 0 i M Mn/DOT District 9 State Aid Engineer Distribution Contractor 2 Owner l Project Representative I SEH Office i SHORT ELLIOTT ST PAUL, CPIPPELVA FALLS, HENDRICKSON INC. MINNESOTA W/SCONSIN AW ENGINEERS ARCHITECTS PLANNERS January 17, 1990 Mr. Bruce Irish City of Maplewood 1.830 East County Road B Maplewood, MN 55109 Dear Bruce: JAN I 3535 VADNAIS CENTER DRIVE, ST. PAUL, MINNESOTA 55110 612 490-2000 RE: SOUTHLAWN AVENUE CITY OF MAPLEWOOD SEH FILE NO. 88082 Enclosed please find five (5) copies of Change Order No. 6 for the above referenced project. The amount of $283.31 represents the construction cost for removing the 8" watermain stub at sta. 11+02. As you recall Paul Water Utilityrequested y St. q that this stub be removed and not connected to the new watermain as shown on the plans. The amount of $383.20 represents costs for the adjustment ate vale � t of two watermain g e boxes and the replacement of an air vent curb stop. This work was requested by the St. Paul Water Utility in conjunction with City Project No. 86-03, The St. Paul Water Utility made the request after the 86-03 contractor's w3 r n*na► period had expired. The City had no recourse other than to have another contractor perform the work. ISince Danner Inc. was mobilized on Southlawn Avenue project and workingin th the City's most economical e area, solution was to have Danner Inc. perform the work, Please review, approve and forward to me for Mn/DOT approval, pP . KRM/cmb Enclosure SHORT ELLIOTT HENDRICKSON INC. ST PAUL, MINNESOTA Sincerely, r _ Jr Kenneth R. Meister, P.E. CHIPPEWA FALLS, WISCONSIN CHANGE ORDER ENGINEERS N ARCHITECTS 11 PLANNERS 3535 VAONAIS CENTER DRIVE, ST PAUL, MINNESOTA 55110 612 490-2000 City of Maplewood I - Jan. 25, 1990 OWNER 85-17 SAP 138-117-01 OWNERS PROJECT NO. Utility and Street Improvements on Qouthlawn Avenue PROJECT DESCRIPTION and. Furness Parkway The following changes shall be made to the contract documents Description: 9his compensating change order is for final payment. This change order will increase the contract sum by $28,344.08. Purpose of Change Order: The purpose of this change order is to adjust the original contract price to a final as -constructed price based upon actual quantities of work installed. Basis of Cost: 7 Actual 0 Estimated Attachments (list supporting documents) CONTRACT STATUS Original Contract Net Change Prior Co."s 1 to 6 (Actual) Change this CO. Revised Contract Time DATE 7 CHANGE ORDER NO. 82082 SEH FILE NO. Cost $442,947.02 34,361. 26 28r344. 06 $505,652.36 Recommended for Approval: SHORT-ELLIOTTHENDRICKSON., INC. By • Ke'nneth R. Meister, P.E. Agreed Co by trac(ol-r.- Approved for Owner. BY 6Y TITLE 6Y Mn DOT District 9, State Aid Engineer Distribution Contractor 2 . Owner 1 Project Representative I SEH Office SHORT ELLIOTT HENDRICKSON INC ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN PAGE 1 of 7 OWNER: MAPLEWOOD, MINNESOTA OWNER'S PROJECT N0. 85-17 ENGINEER'S PROJECT NO. 88082 S.A.P. PROJECT NO. 138-117-01 -------------------- # DESCRIPTION CONTRACT QUANTITY UNIT NET UNIT QUANTITY TO DATE DIFFER PRICE CHANGE 0256.408 8" PVC, 12'-14' DEEP L.F. 101 120 +19 13.80 +$262.20 0256.40$ 8" PVC, 14'-16' DEEP L.F. 134 119 _15 13.80. -$207.00 0256.408 8" PVC, 16'-18' DEEP L.F 76 ss +12 19.00 . +$22s.00 0256.701. STD MANHOLE, 8' DEEP EACH x 2 +1 868.00 +s868.00 0256.702 EXCESS DEPTH STD MANHOLE L.F. 7.2 7.2 0 58.00 $0.00 0256.900 CON TO EXISTING MANHOLE EACH 2 2 0 350.00 $0.00 0503.605 SANITARY SEWER INSUL S.Y. 85 85 0 18.00 $0.00 0257.406 6" DIP WATERMAIN CL. 53 • L .F. 172 165 _ 7 18.92 -$132.44 0257.408 8" DIP WATERMAIN, CL, 52 L.F. 1806 1945 +139 17.38 +$2,415.82 0257.606 6" R.S. GATE VALVE & BOX EACH 6 6 0 342.00 $0.00. 0257.608 8" R.S. GATE VALVE & BOX EACH 5 7 +2 478.00 +$956.00 0257.632 FITTINGS LB, 1574 2430 +856 1.30 +$1,112.80 0257.640 FIRE HYDRANT EACH 5 5 0 935.00 $0,00 PAGE 2 OF 7 0257.801 TRENCHING FOR.6" ON 8" EACH, l 1 0 350..00 $0.00 PRESSURE TAP 0257.803 TRENCHING FOR 8" ON 8" EACH 2 3 +1 350.00 +$350.00 PRESSURE TAP 0257.612 12" R.S. GATE VALVE & EACH 1 �. 0 872.00 $0000 Box 0257.810 SALVAGE HYDRANT -ASSEMBLY EACH 3 4 +1 450.00 +$450.00 0257.903 CONNECT TO EXISTING EACH 3 3 0 200.00 $0,00 WATERMAIN 0257.910 CUT 16" ALTITUDE VALVE EACH 1 1 0 19630.00 $0000 0257.914 ABANDON EXISTING METER EACH 1 1 0 1000.00 � 0.00 $ VAULT 0257.920 METER VAULT EACH 1 1 0 7230.00 $0,00 0259.601 CRUSHED ROCK PIPE TON 50 100 +50 8.25 +$412.50 SUBGRADE BACKFILL 0259.605 AGG PIPE SUBGRADE TON 50 76 +26 8.00 +$208_.00 BACKFILL 0504.605 ADJUST GATE VALVE BOX EACH 2 2 0 100.00 $0.00 0257,820 SALVAGE GATE VALVE EACH 7 7 0 175.00 $0.000 0257.901 CUT IN 12" X 8" TEE EACH 1 1 0 350.00 $0,00 2021.501 MOBILIZATION L, S' 1 1 0 6500.00 $0,00 2101.511 CLEAR & GRUB ROADWAYS L.S. 1 1 0 3800.00 $0.00 2104.501 REMOVE CONCRETE CURS L.F. 2070 2641 +571 1.20 +$685.20 PAGE 3 OF 7 2104.523 SALVAGE LIGHT EACH 0104.604 MILL BIT SURFACE2" ( ) S.Y. 2105.501 COMMON EXCAVATION (P) Coy -0 2105,522 SELECT GRAN BORROWCV ( ) C.Y. 2105.535 SALVAGED TOPSOIL (LoV.) C.Y. 0105.606 COMMON CHANNEL EXCAV L . F. 2111.501 TEST ROLLING R,S. 2112.501. SUBGRADE PREPARATION R.S.' 2116.501 CORE EXCAVATION Coy, 2211.501 AGG BASE CL, 5, 100% TON 269 CRUSHED +7 2331.504 BIT MATERIAL FOR MIXTURE TON 2331.510 BINDER COURSE MIXTURE TON 2341.504 BIT MATERIAL FOR MIX TON 2341.508 WEAR COURSE MIXTURE TON 2357.502 BIT MATL FOR TACK.COAT GAL 2331,602 BIT MIXTURE FOR PATCHING TON 2501.515 30" RCP APRON W/TRASH EACH GUARD 2503.541 12" RCP STORM SEWER, L.F. DES.3006, CL. V .8 8 0 3900 5326,35 +1426.35 9755 11812 +2057 9133 11190 +2057 1000 1000 0 300 275 -25 24.2 24.2 0 24.2 24.2 0 500 500 0 5200 5873.46. +673.46 90 101.83 +11.83 400*00 $0.00 1.00 +$11426.35 1.46 +$3,003.22 5.90 +$12,136.30 3.00 $0.00 3.00 -$75.00 25.00 $0,00 110.00 $0.00 3.00 $0.00 7.00 +$4,714.22 125.00 +$1,478.75 1700 1761 +61 11.95 +$728.95 140 124,52 -15.48 125.00 -$1,935.00 2150 2200 +50 13.30 +$665..00 900 900 0 1.00 $0,00 40 46 +6 10.00 .+$60,00 1 1 0 850,00 $0.00 269 276 +7 23.00 +$161,00 PAGE 4 OF 7 2503.541 .15" RCP STORM SEWER L.F._ 52 51 1 26.00 -$26.00 DES 3006, CL V 2503.541 18" RCP STORM SEWER L .F. 559 568. +9 23.10 +$207.90 DES 3006, CL III 2503.541 24" RCP STORM SEWER L.F F. 685 680 _5 25.20 -$126.00 DES 3006, CL, III 2503.541 30" RCP STORM SEWER, L.F. 49 45 - 4 35.00 -$140.00 DES, 3006, CL III 2506.506 CONSTR MANHOLE, TYPE B L.F. 25 25 0 200.00 $0.000 2506.506 CONSTR MANHOLE, TYPE C L.F. 7 7 0 230.00 $0000 2506.507 CONSTRUCT CATCH BASIN, L.F. 20 20 0 200.00 $0.00 TYPE B 2506.509 CONS CATCH BASIN TYPE X EACH C 11 12 +1 550.00 +.$550.00 2506.516 CASTING ASSEMBLY, EACH 7 8 +1 200.00 +$200.00 TYPE 4--1642 2506.516 CASTING ASSEMBLY, EACH 16 16 a 200.00 $0.00 TYPE R -3067-V 0506.602 CONNECT TO EXISTING EACH 1 1 0 175.00 $0,00 STORM SEWER 0506.602 ADJUST CATCH BASIN EACH 4 5 +l _150.00_ +$150.00 0506.602 ADJUST MANHOLE EACH: 8 5 _3 150.00 -$450.00 2511.501 RANDOM RIPRAP, CL. III C.Y. 10 10 0 45.00 $0,00 2511.516 GEOTEX FILT FAB, TYPE IV S.Y. 22 22 0 2.50 $0000 2521.503 4" CON MEDIANAGG EXP t ) S.F 3200 3962 +762 2.25 +$1 714. 50 PAGE 5 OF 7 2531.501 CONCRETE CURB & GUTTER L.F. 7000 7247 .+$246.84 DES, B618 9.00 .-$1,440.00 0 2531.501 CONCRETE CURB & GUTTER L.F. 105 139 +10 DES B624 +$680.00 0 115.00 2531.502 CONCRETE CURB, DES. V6 L.F. 160 0 .2571.501 BLACK HILLS SPRUCE 7' TREE 5 5 -140 HI B&B -$119.00 -9 275.00 2571.501 AUSTRIAN PINE 7' HI B&B TREE 3 3 2571.503 JAPANESE TREE LILAC 8' TREE 13 23 HI B&B 2571.503 SHOWY MOUNTAIN ASH 2" TREE 2 2 B&B 2571.504 HUGHES JUNIPER #5 POT SHRUB 61 58 2571.504 DWARF MUGHO PINE #5 POT SHRUB 43 22 2571.504 JACKMAN POTENTILLA 24" SHRUB 32 75 2571.507 FLEECEFLOWER 2.5" POT PLANT 2490 2350 2571.541 TRANSPLANT NORWAY TREE 9 p MAPLE 5" 2571.541 TRANSPLANT NORWAY TREE 1 0 MAPLE 2.5" 2571.544 TRANSPLANT JACKMAN SHRUB 32 p POTENTIALLA 24" 0290.401 LANDSCAPE FIBER MAT S.Y. 973 896 +247 4.26 +$1,052.22 +34 7.26 .+$246.84 -160 9.00 .-$1,440.00 0 135.00 $0.00 0 132.00 $0.00 +10 68.00 +$680.00 0 115.00 $0000 -3 12.25 -$36.75 -21 20.00 -$420.00 +43 6.00 +$258.00 -140 0.85 -$119.00 -9 275.00 -$2,475.00 -1 250.00 -$250.00 -32 30.00 -$960.00 -77 1.50 -$115050 PAGE 6 OF 7 e, 0290.401 RIVER ROCK C.Y. 108 94.53 -13.47 35.00 -$471..45 0290.401 WOOD CHIP MULCH C.Y. 14 14 0 35.00 $0.00 0290.401 LOAM PLANTING SOIL Co Y'8 412 400 -12 13..00 -$156.00 0290.401 POLY EDGING L.F, 44 0 -44 2.25 -$99.00 2575.501 ROADSIDE SEEDING ACRE 1.5 1.5 0 225.00 $0000 2575.502 SEED MIXTURE 5 LB, 75 75 0 4.00 $0.00 2575.505 SODDING S,y, 3800 -3912 +112 1.45 +$162.40 2575.511 MULCH MATERIAL, TYPE 1 TON 3 3 0 250.00 $0.00 2575.519 DISC ANCHORING ACRE 1.5 1 .5 0 40.00 $0.00 0563.601 TRAFFIC CONTROL DEVICES L.S. 1 1 0 7000.00 $0.00 0564.602 SIGN COLLAR EACH 11 11 0 125.00 $0,000 0564.602 PVMT MESSAGE -TURN ARROW EACH 7 0 30.00 $0.00 0564.602 PAVEMENT MESSAGE (ONLY) EACH 3 3 0 45.00 $o.00 0564.603 4" WIDE SLD WHITE LINES L.F. 850 800 -50 0.30 -$15.00 0564.603 4" WIDE DOUBLE SOLID L.F._ 3030 3000 30 0.50 -$15.00 YELLOW LINES 0564.603 4" WIDE BROKEN WHITE L.F. 1100 1095 -5 0.31 -$1.55 LINE 0564.603 12" WIDE STOP LINE L.F. 75 75 0 1.35 $0.00 0575.603 SILT FENCE L.F. 300 591 +291 1.60 $465.60 NET CHANGE ORDER: +$28,344.08 PAGE 7 OF 7 AGENDA ITEM Ao �on bytoun6ilea, AGENDA REPORT B.dors ed. TO: City Manager Noci-ified.- Rejeoter, Nov- -,TROM: Assistant City Engineer Irish Dat SUBJECT: Order Feasibility Studies for Six,Drainage"*.Areas DATE: April 3, 1.990 ,Introduction Six areas of the city which require storm sewer and have not been previously assessed for this purpose have been identified. The costs to prepare feasibility reports and conduct a public hearing for each proposed project have been estimated. Six resolutions ordering the preparation of a.feasibility study for each drainage area are attached, Backaround Attached are figures showing the approximate drainage area boundaries and outlet point for each area.* The Mississippi River Bluff area is comprised mostly of new development, The Mississippi River Buff area has an appropriate storm sewer system except for several deficiencies as discussed hereinafter. The major concern of this drainage area is that the outlet just south of Highwood discharges onto a seven acre piece of private property on thesouthwest corner of Highwood and McKnight within St. Paul, The private property is essentially a large, deep bowl used as a tree nursery which has no outlet. There has'been inundation and property damage on several occasions. Litigation for inverse condemnation is in process. It. is proposed to assess the tributary area at the standardized assessment rates to pay for condemnation of this property. The property has sufficient volume to store the storm water runoff volume and percolate it into the soil. The property would require maintenance to prevent silt from sealing the top layer of soil and making the time required to percolate water into the ground excessive. If and when St. Paul constructs a storm sewer on Highwood, the area could be converted to an open space or park Use. Several other improvements within Maplewood would be undertaken as part of the proposed project. The culvert under Highwood currently conveys the runoff of most of the area down a steep ravine to a pond that discharges under McKnight. To reduce the erosion and pollution which this situation creates, the discharge Drainage Areas --2- April 2, 1990 through the ravine would be piped. The existing pond abutting the backyards of the houses on the north side of Highwood, east of.Schaller Drive, is of insufficient size. it is proposed.to increase the volume within the existing easements by excavation. As discussed in the feasibility report for Condor -West Project 86-01, there are significant problems in the area designated as Condor -East. The existing pond at Sterling and Londin Lane does not have an adequate outlet. Under certain storm events, this pond discharges to the gutters on Londin Lane. A new outlet to Johnson Pond should be constructed. The existing situation has contributed to the siltation and degradation of Johnson Pond by Lower Afton Road and McKnight. It is proposed that -this improvement would implement appropriate restoration of Johnson Pond. Enhancement of storage volume may be required to offset the higher rates of runoff from the west half of the Condor drainage area due to lack of planned storage volume. The streets in the Harvester and Duluth -English areas are in poor condition due to the lack of drainage facilities. In the long run to provide an acceptable level of service, streets with drainage facilities are more economical than those where runoff is allowed to stand and saturate and weaken the pavement and subgrade. s It is proposed that essentially all storm sewer pipes in.these ureas be constructed as part of these improvements. This would necessitate the removal of large segments of existing streets for construction. The feasibility report would evaluate the costs of replacing the entire width of affected streets with a section Such as used on Walter Street. The replacement street would be laid to controlled grades to avoid undrained sags in the road. The replacement.section would meet current design standards except for deleting curb and gutter, and the thickness of bituminous may be slightly reduced. The pavement section would readily adapt to finished urban section streets in the future with the construction of curb and gutter on the sides and a wear - course overlay. This type of phased approach to permanently upgrading streets may be most appropriate for the city. The proposed County Road S system would provide an adequate outlet for the drainage area. The existing outlet cannot convey an adequate flow rate nor does it provide for any treatment of the runoff to protect the receiving water quality of Keller Lake. A major part of the proposed project would be to site and construct a storm water treatment basin to remove pollutants that degrade the water quality of Keller and Phalen Lakes. Drainage.Areas --3- April 2, 1990 Part of the impetus for constructing the County Road B storm sewer system at this time is the planned mill, overlay, and shoulder widening by Ramsey County of County Road B from T.H. 61 to Prosperity. This semi-permanent maintenance work will be constructed in 1991.. The construction of the.storm sewer at this time will avoid disruption of the new pavement for storm sewer in the future There is no outlet for storm runoff. in the Gall drainage area. The proposed project would connect to the existing storm sewer pipe stub and pond located west of Standridge Place, north of Lydia. The provision of storm sewer would allow for drainage of water which stands on private property for prolonged periods of time. Gall Avenue would be replaced with the section previously discussed for the -Harvester and Duluth -English areas. Budget Impact The estimated costs of feasibility reports and public hearings are as follows: Mississippi River Bluff $.9,500 Condor -East 16,000 Harvester 111000 Duluth -English 11, oo0 County Road B 19,o00 Gall 9j500 TOTAL FEASIBILITY. STUDY COST $76,000 t Itis proposed to fund the costs of the storm sewer improvements from general obligation funds budgeted for community -wide storm sewer. If the projects are ultimately ordered, then funding would be comprised of assessments at the standardized rates (i.e., $500 for each residential lot; 2.5 cents per square foot of park or cemetery; and 10.0 cents per square foot for commercial, high density housing, schools, churches, and other land uses.) Recommendation There is a significant need for the proposed projects. It is recommended that feasibility studies should be ordered. 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'.. �y 1^ rw .� �.. :.: ! ••• ..J ra/ i ...r. ►_. t . • •' ,� 1 1 1�' y t -' . r t • , .� t „r . t _ y •• t 1 • ., • i r A7 " -i- r • r ft • ` •� 1� 7 �•laC".. .• '►� �� '"'( . •.. t t•...�'1 '• .. i • :n ' . � t ., ! l __.. _ , '. ,, •r `}YJ� Ir.I (MI I --'- ^L`:••— �-... —A `°,bL_ _ ••" �, �. , t :r--. <<HARVESTER STORM 1I�/ATER» 46 -- M E_11 DRAINAGE AREA>> �� J• \•---•._._ t NAR '"' • 1 "� I S ••., ; r i ; �•' '� VESTER AVE ' ..t...� A• I . 1 7 I r i , � I t • }_ I 7+ • t F•- tj • � •'. i N t . � ►• , .; �.T•:•t.. � —... 1,. a �:`•F j.: 'N '.�-'.' Z :• I �• �" •� • � I J I 2 ( .1 t •� /rI — _.../ .__-._ ti - _- _ __ _• _— �� .,••.._ • �r. 1,� . .. 1 � t1 { �. IS �.1.�'�:`%1 Q • • • J i • I'•, t .•1 .Y•i ' tJ `'1, .tl l a.�' N S cc% 0 7'v O• �l• I x V -� ~ • ' Z tl .4 1.10'� a 1 I� ~ t•� 2 1� _ r ' 3 t 5 I ! h t' r i . • ; r {V) , I,1 � � � -,� .... ,-. ' .''� ..� ' • !•.. .�� + � ,fes- + • lJ ►; 5 • � w { � r j ,• �' � 1 I I F j r : , A. 144 A f `?i', t•t 7 :,Id •\' •, �'.✓ l.. ,. ~•Is •• 11 �) •:O Ti t2 (i �gtJt!') os IF • ff•04 •, ; • v •�.� . ` + •ke%• r•1 'J' �„ Cil) 1•• I" 1f) �•►- ..-. • V Ik s ©RAND Z AVEv L - IT71so Li r•'� ttra �1 1 t.« �• r .J ♦1 I r.. ' 1' � ra. 1 M ( .,� � :"• 1 {.'. � to j _.. _a. 10 It` 1 I t n•I, atProposedi • ......_..�_ •�.) .".. W 3 LL 1—�- ,IV r . -: �Sfiarm Water Outlet= , � �. •, -� (MICHAEL LANE NAT r - M: 'N URE CENTER) •' i ; .�• :i .. I r... I „ i -, _w PROPOSED STORM SEWER IMR-, 1101101! ___OVEMENT0i w 011 : SCALE N N/A :r ' SECOND AVE, _._____rt'•. u.,„ In s ! ,. •c .. ,• It � .n a 011 i .w•.•p as / • 1 (t, ;` 11, 14 1l r- , .e . r• tr tl tr r / t.t is rip r+ rr r* tle 1 .r .. . ; . ,,_ / I>, y.• r i 1 t •KC-. It bt a...� f 4 �� . -•fir •I.L, . f h L•• •••f f,- BURKE — �._� ~.-.•e'.Q + +i 1 1 l 1 +a 1ND SCKOOL DIST N4 L22 �� 1 ----T sr-�;w ..� �.. v a..� 1 .. •s .. u .t04 1 j I •� 23 `►' �� � :.•, ••i • • r 22t.• ',+.aM. w►��... i i 1 •!�- :r.• �' ....' .. .' � � _• • is ` t~ i 16 Hr i to • :/ u ! � i !a tJr � t;) , to N.ff lA Y k N i•4 ►� t./a rJ }.1•. (�;1; I 7 1 o; R/ t• 1A c► tr n a A Nos" . .. • , .•. .. �- • . .. � �t � � 1 � + � ✓ I ♦�� , ♦�. ' � � V 4+' (� � A 114` : • l�•,►1 tom: � ` •'►� A •.` � .' � ! 1 K- - W & 6 �It C q - !- U 4 K S j} _ -� _ �h t i<• i .i L 10M E kn (t4 t: ati Zt re ---v �--.L �'����-� a `• tLei tj 1 r (S } (tl. , }':L 1 tr li + (r� 1 ] f r• 1 T` \ w- . 10 � t/ 1 t2 U i N t5 i ►G 11 et, it.i t N r 8 E L M O N T--- p YE i 1 `s v S� � 7 i +r. � 5 � , � 1 2 ! t • a � , . ..�� .,,T,,, i �: � i .2: i h ^� � : ' � i . • i •rr , � R:l .t I c• � � .. a rt 64, v 17 tlL. ;�• �1 Ir ,qq� ♦:2, � ;ti � i�� t'1 � •f"� . G.� a r"+0. r,� j ��'' r t 66 9 • � � � � do i to •� t 1 .� t 14 � 1 C '� '►G ! � .+ • _ tMAX .. • t 1 tt j : A •• �•1��� "` "r►• • N >-► :o ��'�' ~ o,�IXWp�jO �� *0 so r ec"H/ENo � i� j'✓ � ' 4 ' • '� `' N • � G L I S H- .�- � 8 � , f .. ►�'-• - - - � --- r + - rte'' �� n :. z *---9•� V -- --t Cr-- -- •--1 . r - -� --, : • -'' � : • k, � 1 t 7 � i � � t.%� �( p' ..-,.�• " �.--� ._.,' ,tu _ ;tt+, . c STORM WATER>> k4 ah1 t~' -4q �� ^� 1i_ ' '4 „%*fjL-'t__ t".d••�►• �r` t:� —1. , t.-;- -,. to o STAT 14 it -� RYAN° 4 /rte. � • 1 (EAST • b larr �t t _HALF, _ t tr. 8 . v. {'' t is • _' r. --}+ 0i a�1•� 11:Yt'' R:t+ irc. — --- — -- .r �P -J Y , --.� — --� — -+-- -J , • ♦ }'� 1--- � W • 1 r,r ._ _ - � ♦ a _ � �' is � 24 ...r s is (� - 6 ' 2 i s ;— Li''' _ -� `� 1 4_31 `7 1tD� •-'`+ r� " ""' •r "-- 1 r- t '• ,t.t` � � tt V t,�., tt ' cr 10 ���♦ r pws�I-�_ f +G +fj.- - 11� .74 . tJ �.r. • ' 94thtam ' .e,0 -- _ _ ,• �l,.'t ? ~ ~ - ..1!• R Y� j /♦ n 5 ►1-� ��' 14 s' .T•iOt�T t � AVE.94 41 fm C. 16 za / 22h F" •�-251�� ��• �!s �• --- i-- - 3�- ;E t) ° a _ t 1d , f to -- - -_ 1t - �� �It ! �►t --0 '` _� h" _ _� �_ -. ``ttrrf AL AL 15 PROPOSED STORM SEWER IMROVEMENT SCALE I ( N r N/A ' Kt ►�tt o'1 COURSE AMSEY COUNTY Of R^m&EY (1) 1.0 IF 7 1 3 4 2 ` • 11 IL 1 �-• '..�_� {•x'13 ' •IL �� C 10 .•� / ) 17 " r to ' `` �-- ' ►� r1 �!p1 s / 4 _ L.12n <<DULUTH/ENGLI 20 t � n 21�~ X. I,z�TC� R M WATER>>mF- r 22 0 r 10 \ (s n 7 23 � � r � ��;1 ►-- `s 6 � 20 2122 ° t. Is 24 10 o►. f j mow` f- . flies t`� 3 ..� ,y� /'yam+ 1✓ rte" UL iifi/ I= !+\ 1St! - 7 6A,, 2f � 1 ► � .Yla�.. o �" �_. (WEST HALF)w, ... 41 29 10 I i ","e \ 16 ��, 1 W \ 7 ,so U -U 10 4 r _ Lu 5 im 32 _ IND dl 4 21 A4 r t~— .� l' s� :G 8 ���� 2 o t'�—fZ'�A N —A itti 52— ito^� ._ l! til .._. r _ 14 51 w. i 12 1 Out'"• —r 'moi v Jtee 49 „r 10 wr 45 40 42 i 42 1 44 �,s►i a .401 41 1211, ;s ' tit 77kq I-- — 0 1 t • • 1• �• .i ► ' � �,,,� � � .. + � `tom Ic _"' •-. . ....... . . ........ ti NNEA SO;�"EmailM --- t to 4tA.9.0 TO V/l1.AdE Or MA.rtlrvOOp -4 .✓it K I :, •q t # rM At 1 (%:'�.r.� f►,• /so4•st. ice. — •• •-' _ -proposed s � d ; .� p Storm_ Water__ �---- Outlet 45�--r- "� _ _ : � a s ; 2 s _ � . • --' _ _ .- _ _..-- -. _ ^rte s w -j 1! - H a 1 P 1 > 0 Ali r t• . ,�� — — —i Vi ._ ..._.. i N e T� I , • — -' --, �r-----• �.-. .._ _.,J �'_'t--+A " �_•__� t lar •.. y , i �� .. _ � N -t"Aitx� 17 4 ►�.75t t _ �� t— �i [O I 1 $ to -.'r. _" -- -{{-yy► / .. �.a.. _ L sa' .. • s.. •� _ _ . t. 1 rT NT ON `• 1 —' AVE. `' ►� 1 PROPOSED STORM SEWER 1MR-OVEMENT SCALE N/A • i ('� • • .. .' t t x.•s � v. c , � c t• w t w s l n r• . t • . I . r •,�, 1 20 •1•:rr. r 'JAI 1. 1 AY ..�. .•�, / �: � � v,G. � r n • ►. ►• n_ •t...r•�u TJ •�� . •• •y • =•,_ Tf'•- .. '� «� .. t ♦obi'•. !' .. �) • _ f a•7..., .. ... t� ♦'"�-•�._.t ��ii � t'- , I _ 'r w,'rr � ' / � • M '�Y) f .�., . •w _� •+ i � ��� r3 t *' K � `"• `�"i�� L .:» f .i,� S I O • 1 tt.•.r it ••• :.1! r•. + • • 1 i� 71 I __. � : . �•' � ^ . . • . ' ?1 _ � d.l ��• •� f••t hr' �J 1 � �i '"% ls+taitwuASV«N Sth v.CC •.i:. � T. ... ! ...a � r..-�.;----•• _.•�q:� 22 23 24 Iv •'ti 21..E t%*il,7.t ,t) I , iA 20 19 `7!sT � \ a..yf 1 /!� •, �. ` , � `"- ' -a•- ; --j ."•� j it a: '+i.+•cr�.•+w►.-�+.1 3�.•�.=�-�'S- :..� �'.. . . i �• ai t RUILIF lit / •1 t1•J•J /• /� rE 1� • l' is ^ �. ' i Ilk-• f ' •'..�I;wv•+��., ul •1 ��1.1 _ 14 j . •� ` r 1 1j ._....�. .. t S •--r.M� tea+ ►J �• � _�!•L_ �. __ r f (• ___�..... ' .r_,, r • � •fy .• I . f' ` •j .--•�....'::T�_..._M_ -. w... ,. ___ ••_•,..•tet. ., X'� IT.��'., -� _� - �. t\ ' * I. 1••,t ••.• /, i •t ,• ! I r,. 1 r. ,,�,s !�� •,•1 w r �a ~ .• ✓ ,i•+ , .. r .r 1 1.. ' r r .V � i • r . t _. J it w... t• w. ri iii I , � �.. a. i _ u� y •r��}y N la+a +,=..,•t� 11,;� .'ttc:'' - 41 • «Co RD B STORM V_�Q_ TER» � .-.-...�•-I.-..� ,.,.1.., �. .�•,,. { a.. --•+L A R K <�` [-- RAL D �. -M.`.I r• -w•^ u 1.1 •-la E E N DRAINAGE _:.. .. AREA > > �• r � r ._ �- ��--, • f ��•► /' • �y' ♦ �/ r f! t ti �` `\ ► •••• O M'.: y• . I ••• .` ter- - �_ �! ' ! .1, ... is d �� � Y4..�-.�� ,• r, i = r r t` I� r� r-. 1 �� � 'r-• `. • • / ;t t 1 • I, J < < </+� � '�• , � .. .-. __-_ -. _...�_� � ai.•'••� •-_'_'`_.rr� _'{ 1 __.. +.. 1• _ '1 r��J. i�..• � •�••--+«•..... ._ r .LVr .1 Y f►, "1.r .r - y• � 1 / w • r `'/ to ` _ .• -...t M� • .w-��� j•_ COLN i y �+• �.�A�---_.,: `�'•• r. 1P. `l .. ® 'I,7 J .. ` r ... 'tom` j '.''..J'1 '.. - I `- • •.•' u•.. 1• r ,.", " to A �Proposed - rat Stm 1er. tlet.-.1..-_.... .,;.,_ � ..:.,,, ,• - : � ; L EL ANI A0 — - - � +� • sat • •� t • • -� . ?�T �.'Y,t^•� ON t •T•r CCAJN1r Qt•,••7l► 'u Y. r • at' 'u�r' ,•� Z •- w• . u 1• • n n 6 7T 1 1 • PROPOSED STORM SEWER IMROVEMEN] 8CALE �' N N/A 'l_'I C 0 V.N T - &,L - IRON go- V. V 13 �R':,T �tlL$EN' �hjrzl j. -I -mo <<GALL AREA R �N 0 n� ^,�.. � ;; < MD: HcTs. -S. _+ . s10 STORM WATER>> T— y I. -a 1 4 V% . ;w "rRT T lu � I I al J5<<GENERAL-,,.-1 U-4-PLEW000 H 01, --V--R T WIX t _ _ 'V -1 1 — 0 - . 4f . -N] i :_ __ DRAINAGE AREA 'A .0 I <<<. SmT ?s *it lis T Urw f4 51 It V N TOWNSHIP '1 )tr 4CAST EASI Pro 'osed Storm Water Outlet1 �.� ' �t� 13+ p $46; 4L C, MAP4P -4 (®r j 3 01 z L 4 .0 4 Is ? 3 )1Z PIZ a h2) r*11 •A 0 Z:5s 30 0 2 ,,,A 10 :a c 0 r t ILx Vv-' 04 6& moo) 4 3 ISO OU T LOt rIt, . 1 11 f I 4 6 or NVC z 10 11 3 T 3 2 7 t It 10 9 4e I I Z16 ft 4 c %.P " j foe 4w (w) v A-0 sop 0 Q* 49 �0.53- lift (a. f to a .1 Z 2 4 113 LAJ L A 3 7. 1A5 "'p, ti , 6 17 to it zo 4-0 f ow "'o -2T? ---I 14A 00 .0 13 P61' 0* 2 5 to 1 Aw 'ua tel` �i'i J. It C J. t 7w PLE 7 C Z ft 2 22 23 24 'S 16 2 26 or I -1 29ve 20 9,0 4.. 4 F •14 t3a &C 4 car: .Joe. �11 of y.a 7 49 M A 12 - 3 C) 43 E A 64 I A S 6 4 101 :L� 7 Jj 13 33 20 > A 4K 3217 3 4 �IN 6DA N ♦ o et Y13 12 4 It • 7 WAY S. 57 PROPOSED STORM SEWER IMROVEMENT w r A RS + 'tgTH Z C1 E MA a '4 Is, 2 L all 6 7 a 1913 10 110 N, i INDIA N WAY V -- OV A 14% 1 11 to 3 4A 4 L, L P to r,CALE N/A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve the Mississippi River Bluff drainage area and to assess the benefited property for all or a portion. of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429., NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to. whether it should best be made as proposed or in connection with some other improvement, and the estimated cost .of the improvement as recommended Furthermore, funds in the amount of $9,500 are appropriated to prepare this feasibility report. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve the Condor -East drainage area and to assess the benefited property for all or a portion of the cost of the improvement., pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he. is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is. feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the amount of $16,000 are appropriated to prepare this feasibility report. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve the Harvester drainage area and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the. amount of $11,000 are appropriated to prepare this feasibility report. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve the Duluth -English drainage area and to assess the benefited property for all or..a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred.to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the amount of $11,000 are. appropriated to prepare this feasibility report. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve the County Road B drainage area and to assess the benefited property for a 1 l or a portion of the cost of the improvement,, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer.for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the amount of $19,000 are appropriated to prepare this feasibility report. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct storm sewer to serve .the Gall Avenue drainage area► and.to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD., MINNESOTA That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the amount of $9,500 are appropriated to .prepare this feasibility report. MEMORANDUM TO; City Manager FROM: City Clerk RE: Data DATE: April 3, 1990 Action by Council.#j Endorsed -,.a.�...�...,.....�. biodif i ed......._.�.. Rejecter Date The Minnesota Government Practices Act requires all data created, collected, received, maintained, disseminated by political subdivions to have a program as to how the data is handled. This is submitted to you for approval. Also, it is required to have a Record Retention Program. This is presented to you for approval. The two reports have been basically taken from the State's programs. Director of Public Safety, Ken Collins, and myself as City Clerk helped to formulate these programs through our prospective organization. It is recommended that the resolution attached be passed, approve the Data Practices Act, and the Record Retention Schedule and registered with the State. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD that the attached General Retention Schedule for City government data is approved; and, the attached Goverment Data Practices Master Plan for the City of Maplewood is adopted. The City Clerk is authorized and directed to implement said Retention Schedule and Master Plan, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, this day of , 1989. ATTEST: City Clerk Mayor CITY OF MAPLEWOOD GUIDELINES AND PROCEDURES FOR MINNESOTA GOVERNMENT DATA PRACTICES ACT 1990 TABLE OF CONTENTS INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. COLLECTION OF GOVERNMENT DATA 2 II. CLASSIFICATION OF GOVERNMENT DATA 1 3 A. PUBLIC DATA ON INDIVIDUAL . . . . . . . . . . . . . . . . . . . 3 B. PRIVATE DATA ON INDIVIDUALS . . . . . . . . . . . . . . . . . 3 C. CONFIDENTIAL DATA ON INDIVIDUALS . . . . . . . . . . . . . . . 5 Do SUMMARY DATA . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. PUBLIC DATA NOT ON INDIVIDUALS . . . . . . . . . . . . . . . . 6 F. NONPUBLIC DATA NOT ON INDIVIDUALS . . . . . . . . . . . . . . . 7 G. PROTECTED NONPUBLIC DATA NOT ON INDIVIDUALS . . . . . . . . . . 7 III. REQUESTS FOR GOVERNMENT DATA . . . . 8 A. REQUESTS FOR DATA — GENERAL . . . . . . . . . . . . . . . . . 8 B. REQUESTS FOR DATA ON INDIVIDUALS 0 8 C. REQUESTS FOR SUMMARY DATA . 9 D. REQUESTS FOR GOVERNMENT DATA BY OTHER GOVERNMENT AGENCIES . 10 E. REQUESTS FOR ALL OTHER GOVERNMENT DATA . . . . 10 IV. INFORMATION DISCLOSURE REQUEST FORM . . . . . . . . . . . . . . . . . 11 A. INFORMATION DISCLOSURE REQUEST (R 1506) — GENERAL . . . . . . . 11 Bo WHEN COMPLETED . . . . . . . . . . . . . . . . . . . . . . . . 11 Co ORDERING SUPPLIES . . . . . . . . . . . . . . . . . . . . . . . 11 Do GUIDELINES FOR USE . . . . . . . . . . . . . . . . . . . . . . 11 INFORMATION DISCLOSURE REQUEST FORM . . . . . . . . . . . . . . . . . 14 V. FEES FOR COPIES OF GOVERNMENT DATA . . . . . . . . . . . . . . . . . 15 A. COPIES PROVIDED AT NO CHARGE . . . . . . . . . . . . . . . . . 15 B. COPIES PROVIDED WITH CHARGE . . . . . . . . . . . . . . . . . . 15 Co COPYING FEES . . . . . . . . . . . . . . . . . . . . . . . . . 15 D. COLLECTION OF COPYING FEES . . . . . . . . . . . . . . . . . . 16 Eo DISPOSITION OF FEES . . . . . . . . . . . . . . . . . . . . . . 17 F. STANDARD FEE SCHEDULE . . . . . . . . . . . . . . . . . . . . . 17 Go CHANGE FUND . . . . . . . . . . . . . . . . . . . . . . . . . . 17 H. The "Information Disclosure Request" Form (R 1506) . . . . . . 17 COPY COST CALCULATION FORM FOR SPECIAL RATES . . . . . . . . . . . . 18 VI. DUTIES OF THE DESIGNEE . . . . . . . . . . . . . . . . . . . . . . . 19 A. ASSIGNMENT OF DESIGNEE . . . . . . . . . . . . . . . . . . . . 19 B. DATA INTEGRITY . . . . . . . . . . . . . . . . . . . . . . . . 19 Co RE CORD S / FORMS REVIEW . . . . . . . . . . . . . . . . . . . . . 19 Do SECURITY SAFEGUARDS . . . . . . . . . . . . . . . . . . . . . . 20 E. WRITTEN PROCEDURES FOR REQUESTING DATA . . . . . . . . . . . . 20 F. RECORD OF REQUESTS . . . . . . . . . . . . . . . . . . . . . . 20 Go CHARGING FEES . . . . . . . . . . . . . . . . . . . . . . . . . 21 H. TENNESSEN WARNING — RIGHTS OF SUBJECTS OF DATA . . . . . . . . 21 I. NOTIFICATION TO MINORS . . . . . . . . . . . . . . . . . . . . 22 i J. AUGUST 1 REPORT K. INFORMED CONSENT L. APPEALING THE DECISION OF THE DESIGNEE OR THE RESPONSIBLE AUTHORITY . . . . . . . . . . . . . . . . . EXHIBITS 22 23 . . . 24 EXHIBIT A. COSTS OF COPYING SERVICES PROVIDED 26 EXHIBIT B. SAMPLES OF "TENNESSEN WARNINGS"0 27 EXHIBIT C. SAMPLE "AUGUST 1" REPORT FORM . . . . . . 29 EXHIBIT D. SAMPLES OF "INFORMED CONSENT" FORMS. 30 ( 1) Consent for the Release of Information 30 ( 2) Release of Private Information . . . . . . . . . 31 EXHIBIT E. USE AND COLLECTION OF SOCIAL SECURITY NUMBERS 32 APPENDIX I. GLOSSARY OF TERMS 33 ii MINNESOTA GOVERNMENT DATA PRACTICES ACT INTRODUCTION The Minnesota Government Data Practices Act, Minnesota Statutes'r Chapter p er 13, regulates all government data collected, created, receivedr maintained, disseminated or stored by a state agency, political subdivision• or statewide system regardless of its physical form, storage media or conditions of use. Briefly, the Act describes.- (1) what information can be collected 2 w' { ) with whom the information may be shared, (3) the classification of specificovernme g nt data, (4) the duties of city personnel in administering the provisions of the Act, (5) access and procedures for access to the information, (6) procedures b which information may be classified as not public, 7 c • Y h p , { ) civil penalties for violation of the Act, and ( 8 ) the charging of fees for copies of records, The basis on which a determination of howovernmen g t data is handled is the classification system. Government data is either data on individuals or data not on individuals. Data on individuals is classified as eitherublic ' p , private or confidential. Data not on individuals is classified as either public, nonpublic or protected nonpublic. p . public Since the Act and these guidelines and procedures are definition -dependent, a "Glossary of Terms" is contained in the back beginning onp g a e 37. These guidelines and procedures are promulgated with the intention of assisting ssisting department personnel in the determination of the correct classification and therefore handling of government data which are maintained b their departments, Y This manual is to be used in conjunction with the Minnesota Government Data Practices Act (as amended) and the Rules promulgated b the ' g y Commissioner of Administration under authority of the Act. 1 I. COLLECTION OF GOVERNMENT DATA. The collection of government data is regulated by the following: A. Pursuant to M.5. 15.17 (official records - must be kept), "All officers and agencies of the state, and all officers and agencies of the counties, cities and towns shall make and keep all records necessary to a full and accurate knowledge of their official activities, . 40 11 B. The collection and storage of public, private and confidential data on individuals is limited to that necessary for the administration and management of programs specifically authorized by the legislature or local governing body, or mandated by the federal government. 2 II. CLASSIFICATION OF GOVERNMENT DATA For the purposes of these guidelines, government data is divided into three types: (a) data on individuals, which are classified as either public, private or confidential, (b) data not on individuals, which are classified as either public, nonpublic or protected nonpublic, and (c) statistical or summary data derived from data on individuals. These classifications, the criteria for each classification and the description of who has access class of data are as follows: A. PUBLIC DATA ON INDIVIDUALS 1. DEFINITION: Public data on individuals means data on individuals which is accessible to the public. 2. DATA ON INDIVIDUALS IS PUBLIC IF: (a) A statute or federal law substantially requires that certain data on individuals be made available to the public. (b) A statute or federal law requires the collection of data on individuals and does not classify the data as private or confidential. (c) The data is collected without any enabling authority to do so and is not classified by either state statute or federal law even though the data is necessary for administration and management. (d) An application for "Temporary Classification" of the data as private or confidential data on individuals is disapproved by the Commissioner of Administration. (e) The data is summary or statistical data derived from data on individuals. (f) Private or confidential data becomes public in order to comply with either judicial or administrative rules pertaining to the conduct of legal actions (for example, private or confidential data presented in court and made public by the court.) 3. ACCESS: Public data on individuals is accessible to the public regardless of their interest in the data. Public data is available to government entities if needed for the administration and management of authorized programs. B. PRIVATE DATA ON INDIVIDUALS 3 1. DEFINITION: Private data on individuals is data which is not accessible to the public but is accessible to the individual subject of the data. 2. DATA ON INDIVIDUALS IS PUBLIC IF: (a) A state statute or federal law expressly classifies the data as not accessible to the public but as accessible to the individual subject of the data. (b) A "Temporary Classification" of private has been approved by the Commissioner of Administration and has not expired. (c) A state statute, federal law or temporary classification classifies the data as private data on individuals in the hands of the disseminating agency. (d) A state statute or federal law classifies the data as "confidential" but makes the data available to the individual subject of the data. 3. ACCESS: Private data on individuals is accessible to: (a) The individual subject of the data or his authorized representative, (b) Individuals, entities or persons given express written permission by the data subject (Section VI.6 describes "Informed Consent"). (c) Personnel within the entity whose work assignment requires access as determined by the responsible authority or the designee. (d) Individuals, entities or persons who are authorized by state , local, or federal law to gain access. (e) Individuals, entities or persons who used, stored, and disseminated government data collected prior to August 1, 1975, with the condition that use, storage and dissemination was not accessible to the public but was accessible to the data subject. Use, storage, and dissemination of this data is limited to the purposes for which it was originally collected. ( f ) Individuals, entities, or persons for which a state, local, or federal law authorizes a new use or new dissemination of the data. (g) Individuals, entities or persons subsequent to the collection of the data and subsequent to the communication of the "Tennessee Warning" when specifically approved by the Commissioner of Administration as necessary to carry out a function assigned by law. 4 (h) A party or parties in a court proceeding, pursuant to a valid court order. (i) Individuals, entities or persons as otherwise provided by Y 4. TENNESSEN WARNING. A Tennessen Warning (Section VI.(h)) must be given when private data is collected from the subject of the data. C. CONFIDENTIAL DATA ON INDIVIDUALS 1. DEFINITION: Data on individuals is confidential if it is made by statute or federal law not accessible by the public and not accessible by the individual subject of the data. 2. DATA ON INDIVIDUALS IS CONFIDENTIAL IF: (a) A state statute or federal law expressly provides that: (i) the data shall not be available to either theublic p or to the data subject or (ii) the data shall not be available to anyone except those agencies which need the data for agency purposes. (b) A "Temporary Classification" of confidential has been approved by the Commissioner of Administration and has not expired. 3. ACCESS: Confidential data on individuals is accessible to: (a) Individuals, entities or persons who are authorized b state, local or federal law to gain access. Y (b) Personnel within the entity whose work assignment requires access as determined b the responsible Y p ble authority or the designee. (c) Individuals, entities or persons who used, stored and disseminated government data collected prior to August 1 197 g , 5 with the condition that the data was not accessible to the individual subject of the data. (d) Individuals, entities or persons for which a state, local or federal law authorizes a new use or new dissemination of the data. Individual -s-; - -entities- or - - persons subsequent to the collection of the data and communication of the "Tennessen Warning" when specifically approved by the Commissioners of Administration as necessary to carry out a function assigned by law. g 5 (f) A party or parties in a court proceeding, pursuant to a valid court order. (g) Individuals, entities or persons as otherwise provided for by law. 4. TENNESSEN WARNING: A Tennessen Warning (Section VI.(h)) must be given when confidential data is collected from the data subject. A Tennessen Warning is not given when confidential data is collected from someone other than the subject of the data, D. SUMMARY DATA 1. DEFINITION: Summary data means statistical records and reports derived from data on individuals but in which the individuals are not in any way identifiable. 2. DATA IS SUMMARY DATA IF. (a) All data elements that could link the data to a specific individual have been removed AND (b) Any list of numbers or other data which could uniquely identify an individual is separated from the summary data and is not available to persons who gain access to or possess summary data. 3. ACCESS: Unless classified by a "Temporary Classification", summary data is public and may be requested by and made available to any individual or person. Summary data may be requested by a governmental entity if needed for the administration and management of authorized programs. E. PUBLIC DATA NOT ON INDIVIDUALS 1. DEFINITION: Public data not on individuals means data not on individuals which is accessible to the public. 2. Data Not On Individuals is Public if: (a) A statute or federal law does not expressly classify the data as not public. (b) An application for "Temporary Classification" of data as "nonpublic" or "protected nonpublic" is disapproved by the Commissioner of Administration. (c) A statute or federal law substantially requires the data to be made available to the public. 6 (d) The data is collected without any enabling authority to do so and is not classified by either statute or federal law. 3. ACCESS: Public data not on individuals is accessible to the public regardless of their interest in the data. F. NONPUBLIC DATA NOT ON INDIVIDUALS 1. DEFINITION: Nonpublic data not on individuals means data which is not public but is accessible to the subject of the data, if any. As used here the "subject of the data" means a "person" other than an individual, and includes a partnership, corporation, association, business trust, etc. 2. Data Not On Individuals is nonpublic if: (a) A state statute or federal law classifies the data as not public but accessible to the subject of the data, if nay. (b) A "Temporary Classification" of data as nonpublic has been approved by the Commissioner of Administration. 3. ACCESS: Nonpublic data not on individuals is accessible to: (a) The subject of the data, if any. (b) Personnel within the entity whose work assignment, as determined by responsible authority or the designee, reasonably requires access. (c) Individuals, entities or persons authorized by state statute or federal law to gain access. (d) A party or parties in a court proceeding, pursuant to a valid court order. (e) Individuals, entities or persons as otherwise provided by law. G. PROTECTED NONPUBLIC DATA NOT ON INDIVIDUALS 1. DEFINITION: Protected nonpublic data not on individuals means data which is not public and is not accessible to the subject of the data. 2. DATA NOT ON INDIVIDUALS IS PROTECTED NONPUBLIC IF: (a) A state statute or federal law classifies the data as not accessible to the public and not accessible to the data subject, 7 (b) A "Temporary Classification" of government data as "protected nonpublic" has been approved by the Commissioner of Administration, 3. ACCESS: Protected nonpublic data not on individuals is accessible to: (a) Personnel within the entity whose work assignment, as determined by the responsible authority or the designee, reasonably requires access. (b) Individuals, entities or persons authorized by statute or federal law to gain access. (c) A party or parties in a court proceeding, pursuant to a valid court order. (d) Individuals, entities or persons as otherwise provided for by law. III. REQUESTS FOR GOVERNMENT DATA A. REQUESTS FOR DATA - GENERAL. Upon request to the responsible authority or the designee, an authorized individual, entity or person shall be permitted to inspect and copy government data at reasonable times and places, and if the party requests, he/she shall be informed of the data's meaning. Regardless of where the data originates, if it is in your possession it is government data and subject to the access provisions of the law. The "Information Disclosure Request" (R 1506 ) shall be completed for any one of the following requests for government data: 1. For all requests by the public for government data classified as not public. 2. For all requests by other government agencies for which the data is not routinely shared or provided in the normal course of business. 3. For requests for all data ( including public data) when a fee is assessed. B. REQUESTS FOR DATA ON INDIVIDUALS 1. When access/copies are authorized, the designee shall provide copies of the private or public data on individuals upon request. 8 Co 2. The designee shall comply immediately, if possible, or within five (5) working days of the date of request if immediate compliance is not possible. If the responsible authority or designee cannot comply with the request within that time, he/she shall so inform the requestor, and may have an additional five working days within which to comply with the request. 3. If access is authorized, the responsible authority or the designee must supply the requested data within ten working days. REQUESTS FOR SUMMARY DATA 1. Unless classified by a "Temporary Classification", summary data derived from private or confidential data on individuals is public and the responsible authority or designee shall prepare the summary data upon the written request of any individual or person. The responsible authority shall prepare summary data upon the request of any government agency when required for the administration and management of authorized programs. 2. Within ten (10) days of receipt of such request, the responsible authority or designee shall inform the requestor of the estimated costs of preparing the summary data, if any. 3. 4. The responsible authority or the designee shall: (a) Provide the summary data requested as soon as reasonably possible; OR (b) Provide a written statement to the requestor, giving a time schedule for preparing the requested data, including reasons for any delays; OR (c) Provide access to the requestor to the private or confidential data so that the requestor can compile the summary data. Such access will be provided only when the requestor signs a non -disclosure agreement; OR (d) Provide a written statement to the requestor stating reasons why the requestor's access would compromise the private or confidential data. A non -disclosure agreement shall contain at least the following: (a) A general description of the private or confidential data which is being used to prepare summary data. (b) The purpose for which the summary data is being prepared. 9 (c) A statement that the preparer (requestor) understands he/she may be subject to the civil or criminalenalt p y provisions of the Act in the event that the private or confidential data is disclosed. (d) A description of the civil and criminal penalty provision of the Act. (e) The signature of the requestor and the responsible authority, designee or his/her representative. D. REQUESTS FOR GOVERNMENT DATA BY OTHER GOVERNMENT AGENCIES 1. A responsible authority shall allow another responsible authority access to data classified as "not public" only when the access is authorized or required by state statute or federal law. 2. Access to data classified as public shall be limited to that necessary for the administration and management of authorized programs of the requesting agency. 3. An agency that supplies government data under this section may require the requesting agencyto a the ac y pay actual cost of supplying the data when the requested data is not provided in the normal course of business and not required by state or federal law. 4. Data shall have the same classification in the hands of the agency receiving it as it had in the agency providing it unless the classification is required to change to meet judicial or administrative requirements. The agency providing the requested information shall indicate the classification of the information if the data is classified as "not public data." 5. When practical and necessary, the requesting agency not listed on the "Tennessen Warning" shall obtain the informed consent from the data subject(s) for information classified as private or confidential, E. REQUESTS FOR ALL OTHER GOVERNMENT DATA 1. For requests from other than individual data subjects or government agencies or persons, when access is authorized, the responsible authority or designee shall provide data on request. 2. If the responsible authority or designee is not able top rovide copies at the time the request is made, he/she shall supply pp Y copies as soon as reasonably possible. 10 IV. INFORMATION DISCLOSURE REQUEST FORM A. INFORMATION DISCLOSURE REQUEST (R 1506) - GENERAL. The three-part "Information Disclosure Request" as illustrated on page provides a record of the requestor identification information and the government data requested, as well as the action taken by the responsible authority or the designee and any financial transaction which occurs. B. WHEN COMPLETED. The "Information Disclosure Request" should be completed for any one of the following. 1. For all requests by the public for government data classified as "not public data. " 2. For all requests by other government agencies for which the data is not routinely shared or provided in the normal course of business. 3. For requests for all data ( including public data) when a fee is assessed. C. ORDERING SUPPLIES 1. Limited initial supplies ( 20 or less) of the "Information Disclosure Request" form are available from the City Clerk's office, phone 770-4520. D. GUIDELINES FOR USE 1. Instruct all records processing employees on the correct use of the form. The City Clerk's Office staff will assist in instruction when requested. 2. The "Information Disclosure Request" is divided into 4 sections: (a) SECTION A records request or identification information. The address and phone number (Items 3 and 4) should be completed only if needed to process the request. For information that is classified as "not public,." the responsible authority or designee shall insure that the requestor is, indeed, the subject of the data or his/her authorized representative. In order to insure this, the designee should require proof of identity including but not limited to a valid photo I.D. (such as a driver's license) or a notarized signature. 11 (b) SECTION B records the action taken by the designee. This section is always completed by the responsible authority or designee. The "Authorized Signature" (item 12) should be signed b the responsible authority or the designee with the y g name clearly printed below the signature. (c) SECTION C records, when applicable, information pertaining to the charging and collection of fees for copying. Section V V. of this manual describes fees for copies of government data. Item 14 provides for the calculation of the "Flat Rate." The total amount due is entered, as applicable, in either items 16 or 17. The current "Flat Rate" is contained in Exhibit A. When the "Special Rate" is used and is not covered b a "Standard Fee Schedule" (Section V. C. of thisY manual), the "Copy Cost Calculation Form," R 1510 (illustrated on page is completed and attached to the ") Information Disclosure Requests.,, The total charges from the calculation form are entered, as applicable, in items 16 or 17. When the charges are based on a "Standard Fee Schedule" a co of the calculation form used to establish the copy schedule" need not be attached to the "Information Disclosure Request" farm unless specifically asked by the requestor. (d) SECTION D provides the requestor with information that may be necessary to complete the transaction especially y p y when all or part of the transaction is by mail. 3. COPY DISTRIBUTION: Distribute copies of the form as indicated at the bottom of each form copy. (a) White 1Oriai, nal to the requestor. The white copy serves as a record of the transaction as well as the final receipt of any monies received. If more than one receipt is needed p make a photocopy. (b) Yellow _(1st copy): If'the data requested is about the requestor, regardless of its classification, place theY ellow copy in the data subject's file. The date of inquiry, which is important when "private" information is disclosed (as noted on the top of the form), will then be on record. If the information is about another person, send the completed yellow copy to the subject of the data (informing p ( orming the requestor that this will be done). Make a notation on the retained co py of the fact and date that theellow co he Y copy was sent to the subject of the data. 12 (c) Pink -(2nd co Retain in a separate file in the department.' The retention of this card shows the number and types of requests for data, and provides a written record of the actions taken when questions or problems occur. 13 DATE OF REQUEST CITY 0 F �IAPLEWOOD ItiFOR114ATION DISCLOSURE REQUEST Minnesota Government Data Practices act I* REQUESTOR' S NAME: Last First ADDRESS: 3. TELEPHONE: 4. DESCRIPTION OF INFORMATION REQUESTED: Be REQUESTOR' S SIGNATURE: REQU ESTOR VOTE A. Request Ftequeney - Pti ate "ata rt Ikz :vt , A ate t you have been s;wvm the iat : and 6t 'c tnQd < is meayu.na, the data need not be des �.Z�- s ed ti: ycu six menth6 -the,tea6tet un.Zes-s Li d�:,s►�1,eZ act -ion Zs pend ng c -t addi ti.c;UZ data ..-,n :(cru ►.,z s been coUec,ted. 8. you may be nequiAed to ,bay the actuat co sats c , making, ee.Ati 6y ing and/ of comp i,ti,ng the c. --pi a o S i,n jo.tma tion requuted. ---------------------------- DEPARTMENTI DI V I S I ON COMPLETE 6. DEPARTMENT/ 7. HANDLED DIVISION NAhT: By: 8. REQUEST TYPE: 9. REQUESTED Q 1 n- Pena on Q Mait L7 Phone BV: Q Sub j ec t o6 Data Q Not Subs ec 10, INFORMATION REQUESTED IS CLASSIFIED: 11. RE2uFsr: Appnaved in Pah, Q Pub.eic CJ Non-Pub.?,i.c Q Appnaved Q Denied Q (Exptain in 13) Q Pni.vcLte Q P,taZecied l2. AUTHORIZED Q Con6�.den�,i.a.Z Nan-Pubt,i.c � SIGNATURE: ll. REP.IARKS/COWfEMTS: (I6 nequested data .ins cQazzi6ied -so a,6 to deny accuz to .the nequu.tan, cm authority on neaz an. ,4a a enter any o.then. nemcvch.s /comments appnapn i.a to . ) DEPARTMENT-IDIWISION COMPLETE TE WHEN FEES ARE ASSESSED, teceipted copy o6 thi4 JoAm 46 to be p- to vi. e to the -tequuton each time money i,6 teceived. ) 14. FEES: FLAT RATE x = $ Of- 06 Page.6 Rate 15. FEES: SPECIAL RATE (Comptete and attach copy cobt catcuta ion 6onm clhen other. than .the FLAT RATE i,6 u-6 ed. ) 16, TOTAL AMOUNT DUE $ I have neeeived ,the above-named, .the amount indicated above in pa.ymenr bon providing .the in6onLm tion uAueA ted. RECEIVED 8Y: DATE: REQUESTOR - PLEASE NOTE: 15; �7 ikfah e Check on Akio ne y fndet Paoabt e T o : r L7 16 tilaiied, Return Foam and Feu To: V. FEES FOR COPIES OF GOVERNMENT DATA Pursuant to the Minnesota Government Data Practices Act and Maplewood City Council Resolution and unless otherwise provided for by federal law, state statute or rule, fees for copies of government data shall be determined by departments based on the costs of providing such service. Fees shall be reasonable and consistent. NOTE: FEES SHALL NOT BE CHARGED TO THOSE INDIVIDUALS WHO ONLY WISH TO VIEW THE DATA. A. COPIES PROVIDED AT NO CHARGE. When access is authorized, copies may be provided at no charge: 1. When another government agency or responsible authority requires or requests the record/document copies as part of the administration and management of an authorized program and the copies are usually provided as part of the normal course of business. 2. When records, documents, brochures, pamphlets, books, reports or other similar publications are produced for free distribution to the public. A charge may be assessed if an individual request exceeds normal distribution. B. COPIES PROVIDED WITH CHARGE. For all requests not included in Paragraph A. above, and when access is authorized, copies shall be provided at the applicable Flat Rate or Special Rate. Such requests include: 1. The media, including representatives of newspaper, radio, and television. 2. Other government agencies or responsible authorities who require or request record, document, or publication copies which are not usually provided or reproduced as part of the normal course of business. 3. Records, documents, brochures, pamphlets, books, reports or other similar publications that are not normally provided or reproduced for distribution to the public. 4. Public data on individuals and public data not on individuals, particularly when the requestor is not the subject of the data. C. COPYING FEES. Copying fees shall be charged at the "Flat Rate" or the "Special Rate" for those records, documents and publications covered in Section B. above. 1. The "Flat Rate" shall be charged when the cost of providing copies of the requested records, documents and publications is 15 less than or equal to the "Flat Rate." The current "Flat Rate: to be charged is contained in Exhibit A. The "Flat Rate" will be reviewed annually and as necessary updated through supplements to this manual. The "Information Disclosure Request" form (R 1506 ) as described in Section IV provides space for the calculation and entry of the "Flat Rate," 2. The "Special Rate" shall be charged when the cost of providing copies of the requested records, documents and publication exceeds the "Flat Rate." The "Special Rate" includes costs incurred in compiling, certifying and/or making copies. A partial breakdown of the various costs to be charged is contained in Exhibit A. The "Special Rate" shall be determined by completing the "Copy Cost Calculation Form" (R 1510). A sample of this form is found on page . The "Copy Cost Calculation Form" ( R 1510 ) is available from the City Clerk's Office, City Hall, The "Special Rate" includes: (a) The cost of materials, including paper, used to provide the copies. (b) The cost of labor required to prepare the copies. (c) Any special costs necessary to produce such copies from machine -based record keeping systems, including but not limited to computers and microfilm systems. (d) Mailing costs. D. COLLECTION OF COPYING FEES. Fees shall be collected before releasing copies. Under no circumstances will fees be "charged" and billed to the requestor. 1. When the estimated cost of providing copies of records, documents and publications requested is $50.00 or more, the responsible authority or designee shall collect at least 50% of the estimated costs prior to making, certifying and compiling the copies. 2. When the estimated costs of providing copies of records, documents or publications is less than $50.00, the requested copies may be made prior to collecting the fees. 16 E. DISPOSITION OF FEES 1. Copying fees collected shall be deposited with the Finance Department on a daily basis through their internal revenue reporting system. F. STANDARD FEE SCHEDULE. For those copying services which are routinely provided, a designee may establish a "Standard Fee Schedule" for each type of record. 1. The "Copy Cost Calculation" form shall be used to establish this "schedule." Once established, this "schedule" will preclude the need for completing the "calculation" form for each request for routinely provided records. 2. This "schedule" must be made readily available to anyone who requests it. G. CHANGE FUND. If needed, a change fund may be established to handle small financial transactions. H. The "Information Disclosure Request" form (R-1506) , has been designed to accommodate and facilitate the charging and collection of copying fees. Guidelines and procedures for the "Information Disclosure Request" form are contained in Section IV. I. COPY COST CALCULATION FORM FOR SPECIAL RATES (see model form on the next page). 17 COPT COST CALCULATION FORM FOR SPECIAL RATE INSTRUCTIONS: Use this SPECIAL RATE form when the cost of providing copies exceeds the FLAT RATE, REQUEST DATE: REQUESTOR NAME: ADDRESS (IF NEEDED) : DESCRIPTION OF INFORMATION: Q The following calculations represent the ACTUAL COST ofrovidin pies, P g co Q The following calculations represent the ESTIMATED COST ofrovi ' p, ding copies. SPECIAL RATE A. Labor X o f Hrs Hourly Rate X # of Hrs Hourly Rate B. Photocopy X Rate of Pages Co Mailing D. Publication Printing Costs E. other Costs, Describe: (To include computer time, programming time, terminal access, microfilming systems and any other costs not listed above.) 1. 2, 3. 4. PREPARED BY DEPARTMENT TOTAL CHARGES DATE VI. DUTIES OF THE DESIGNEE A. ASSIGNMENT OF DESIGNEE. The responsible authority, with the advice and cooperation of the department head, shall assign in writing one or more designees. The "designee" is the person in charge of individual files or systems containing government data and who receives and complies with requests for government data. Additionally, the designee shall implement the provisions of the Act, the rules and these guidelines and procedures as directed by the responsible authority. The City Clerk will provide designees with copies of the "Minnesota Government Data Practices Act", any Minnesota Rules promulgated pursuant to the Act, this Policies & Procedures Manual and other instructional materials as appropriate. The City Clerk will also conduct training seminars for designees from time to time. B. DATA INTEGRITY. The designee shall establish procedures to insure that all data on individuals maintained by the designee is accurate, complete and current for the purposes for which it is collected. For the purposes of this section: 1. "Accurate" means that the data in question is reasonably correct and free from error. 2. "Complete" means that the data in question reasonably reflects the history of an individual's transactions with the entity. Omissions in an individual's history that place him/her in a false light shall not be permitted. 3. "Current" means that the data in question must be logically related to the entity's required and actual use of the data in day-to-day operations. C. RECORDS/FORMS REVIEW 1. The designee shall review each record, file or process to determine: (a) The enabling authority which mandates or necessitates the collection of the data, and (b) The purpose for collecting and the intended uses of all data classified as "not public." 2. By the designee shall prepare a list or index to all data or types of data currently collected, stored, used or disseminated by the entity. This list or index shall be updated annually in addition to the August 1 report which covers only private and confidential data on individuals. The list or index shall include: 19 (a) The name of the data or type of data (e.g., personnel data, welfare data, security data, examination data, testing data, revenue data, etc.). (b) The identification of the statutes, federal laws, local ordinances or city council resolutions which authorize the programs or functions or which authorize the actual collection, storage, use, and dissemination of the data. 3. On a continuing basis, the designee shall review all forms to ensure that the data elements are necessary for the full and accurate knowledge of the entity's official activities and that the data elements are necessary for the administration and management of programs specifically authorized by the legislature or local governing body, or mandated by the federal government. D. SECURITY SAFEGUARDS 1. The designee shall establish appropriate security safeguards for all records maintained by the designee containing data classified as "not public" to ensure that access is gained by only authorized individuals, entities or persons. 2. The designee shall establish written procedures consistent with these guidelines to ensure that private and confidential data is accessed by only authorized individuals. E. WRITTEN PROCEDURES FOR REQUESTING DATA. The designee shall prepare and make available to the public upon request, a document setting forth in writing: 1. The rights of the data subject and the procedures for providing access to/copies of public and private data concerning himself/herself. 2. The responsibilities of the designee in providing access to public and private data on individuals. 3. Procedures whereby an individual may contest the accuracy and completeness of the public and private data concerning himself/herself. 4. Procedures whereby an individual may appeal the decision of the designee (Section VI. 12). F. RECORD OF REQUESTS. The designee shall: 1. Be prepared to receive and process requests to access and copy government data. 20 2. Keep accurate records of the number and types of requests received, the response given and any resulting financial transactions. 3. Form R 1506, "Information Disclosure Request" and R 1510, "Copy Cost Calculation Form" have been developed to accomplish these ends. G. CHARGING FEES. Unless otherwise provided for by federal law or state statute or rule, the designee shall charge reasonable fees for copies of government data based on the cost of providing such service. Fees for providing copies of government data shall be charged according to the guidelines and procedures contained in Section V. H. TENNESSEN WARNING - RIGHTS OF SUBJECTS OF DATA 1. Every department that collects private and confidential data from an individual concerning himself/herself shall, prior to collecting the data, inform the individual of his/her rights as a subject of data. These rights are referred to as the "Tennessen Warning." A "Tennessen Warning" is not required when private and confidential data is collected from an individual who is not the subject of the data. 2. Essentially the "Tennessen Warning" lists those individuals, entities or persons authorized to receive the data. 3. The "Tennessen Warning" consists of the following information that must be communicated to the individual from whom private or confidential data concerning the individual is collected: (a) The purpose and intended use of the requested private or confidential data within the collecting statewide system or political subdivision. (b) Whether the individual may refuse or is legally required to supply the requested private or confidential data. (c) Any known consequences arising from the individual's supplying private or confidential data. (d) Any known consequences arising from the individual's refusing to supply private or confidential data. (e) The identity of other individuals, entities or persons authorized by state or federal law to receive the data. NOTE: In accordance with the Federal Privacy Act of 1974, "any Federal, State, or local government agency which requests an 21 individual to disclose his social security number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited and what uses will be made of it." 4. Depending upon the sensitivity of the information collected or the sensitivity of an individual to personal privacy, "Tennessen Warnings" may be: (a) An oral communication. While this is not the preferred method of communicating the "Tennessen Warning" it may be necessary under some circumstances (i.e., collecting private or confidential data over the telephone). If an oral communication is necessary, the specific language communicated m= be in written form. (b) A written communication requiring the signature of the data subject (i.e., a signature attesting that the individual from whom private or confidential data is collected has read and understands his/her rights as a subject of data.) The "Tennessen Warning" may be included on the form that collects the private or confidential data. (c) A written communication not requiring a signature. This may be, for example, a brochure, booklet, pamphlet or a single sheet which is handed to the individual prior to collecting the data. The "Tennessen Warning" may also be included on the form that collects the private and confidential data. 5. Samples of "Tennessen Warnings" are contained in Exhibit B. I. NOTIFICATION TO MINORS. Unless otherwise provided for by law (e.g., education & medical data) , the designee shall provide minors from whom private or confidential data is collected with a notification that the minor individual has the right to request that parental access to the private data concerning the minor be denied. The designee may require the minor data subject to submit a written request that the data be withheld. The written request from the minor shall set forth the reasons for denying parental access, and shall be signed by the minor. Upon receipt of the written request the responsible authority or the designee shall determine if honoring the request to deny parental access is in the best interest of the minor. J. AUGUST 1 REPORT. The designee shall prepare or update annually the August 1 Report and send it to the responsible authority on or before August 1st of each year. The annual report shall contain: 1. The responsible authority's name, title, and address. 2. The designee's name, title, and address. 22 3. A brief description of each category of record process containing private or confidential records,, f ile or dential data on individuals maintained by the designee. 4.. The classification of the data and• the authority for classification. 5. Samples of all forms used to collect private or confidential data. A sample of the "August 1 Report" form is contained in Ex C. August 1 Report Forms and instructionsMbit are available from the City Clerk, K. INFORMED CONSENT 1. Private data on individuals may be used b and disseminated y isseminated to any individual or person by. the designee if the individual subject or subjects of the data have given their informed consent. NOTE: Informed consent cannot authorize a new or a Purpose use of confidential data on individuals, p new 2. Private data may be used by and disseminated to• any entity (e.g.,political subdivision, government agency, etc. if individual subject or subjects ) the � have given their informed consent and the data is needed for the administration and management of programs authorized by state, local or federal law. 3. All informed consents shall be in writing, g 4. Informed consent shall not be deemed to have been' individual subject of the data b given by an y the signing of any statement authorizing any entity or person to disclose information him or her to an insurer or its authorized reabout presentative, unless the statement is: (a) In plain language; (b) Dated; (c) Specific in designating the particular persons or agencies the data subject is authorizingto disclose g cies information about him or her; (d) Specific as to the nature of the information he or authorizing to be disclosed; she is (e) Specific as to the persons or entities to whom he or is authorizing information to be disclosed; she 23 (f) Specific as to the purpose or purposes for which the information may be used by any of the parties named in clause (e), both at the time of the disclosure and at any time in the future; (g) Specific as to its expiration date which should be within a reasonable period of time, not to exceed 1 year except in the case of authorizations given in connection with applications for life insurance or non -cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. 5. The informed consent for the disclosure of alcohol and drug abuse patient records may be made onlyif the e consent is in writing and contains the following; (a) The name of the program which is to make the disclosure. (b) The name or title of the person or organization to which disclosure is to be made. (c) The name of the patient. (d) The purpose or need for the disclosure. (e) The extent or nature of information to be disclosed. (f) A statement that the consent is subject to revocation at any time except to the extent that action has been taken in reliance thereon, and a specification of the date, event, or condition upon which it will expire without express revocation. n (g) The date on which the consent is signed. (h) The signature of the patient I and, when required, the signature of a person authorized to give consent. 6. Examples of "Informed Consent" forms are contained in Exhibit D. L. APPEALING THE DECISION OF THE DESIGNEE OR THE RESPONSIBLE AUTHORITY 1. A decision of the designee may be appealed to the Responsible Authority. 2. An individual who wishes to appeal a decision of the designee must submit a written appeal to the Responsible g p p nsible Authority for the records in question. The name and address of the Responsible Authority shall be made available by the designee. The written appeal shall contain the following: 24 (a) The name, address and phone number of the appealing party. (b) The name of the designee or the individual who handled the initial request. (c) A description of the nature of the dispute including a description of the information requested or in question. (d) A description of the desired result of the appeal. 3. The decision of the designee or the responsible authority may also be appealed to the Commissioner of Administration. The procedures for this appeal are contained in the rules governing the enforcement and administration of the "Minnesota Government Data Practices Act," as contained in Minnesota Rules, Chapter 1205, as amended. A copy of the "Rules" is available from the City Clerk's office, City Hall, 4. Additionally, an individual may, at any time, bring an action in district court. An action filed pursuant to this section may be commenced in the county in which the individual resides. If the court determines that an action is frivolous and without a basis in fact, it may award reasonable cost and attorney fees to the responsible authority. 25 EXHIBITS EXHIBIT A COSTS OF COPYING SERVICES PROVIDED 1. FLAT RATE a. City Employees $ .05 per page b. Non -City .10 perp a e age 2. SPECIAL RATE a. Photocopy Rate .10 per page b. Labor Hourly Wage g C. Postage Prevailing Rate d. Computer Services: All requests for data stored on the computer should be directed to the appropriate User Department. Data Processing will charge the User Department the appropriate cost(s); the requestor will then be billed by the User Department. 26 EXHIBIT B SAMPLE OF "TENNESSEN WARNINGS" RIGHTS OF SUBJECT OF'GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of Maplewood is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; private information is that information which is available to you, not to the public; and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: Public - name and address of applicant(s) Private - all other information collected on the application The information collected and required from you is to determine your eligibility for a City of Maplewood regulatory license. If you do not supply the required information, the City of Maplewood will not be able to determine your eligibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: 1. City of Maplewood departmental personnel involved in determining your eligibility for a license or administering the ' g Y g program in connection with which the application is submitted. 2. Ramsey County departmental personnel involved in the program. 3. City Council members (only that information needed to approve the application for a license). 4. Federal, State, County and local and contracted public auditors. 5. Law enforcement personnel in the cases of suspected fraud related to the application or license. 6. Those individuals or agencies to whom you give your express written permission. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information as private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: 1*b The right to see and obtain copies of the data maintained on you. 2. The right to be told the contents and meaning of the data. 3. The right to contest the accuracy and completeness of the data. To exercise these rights, contact the City Clerk's Office, I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. (Signature) White Copy - City Clerk's Office Buff Copy - Applicant 27 (Date) EXHIBIT B (CONT.) FURTHER RIGHTS ASSOCIATED WITH TENNESSEN WARNING (NOTE: The following is not required by the Data Practices Act, and need not be included in a Tennessen Warning statement. However, some. departments may want to include it as a courtesy, or may want to have it printed on a separate sheet.) A. You, your representative or guardian may request in writing to be shown information about yourself that is maintained by our Department. You have the right to be informed of the content and meaning of the information. We will respond to your request within 5-10 days, as required by law. There is no cost for this service, but there may be a copy charge should you need copies. B. You also have the right to contest the accuracy or completeness of the public and private data concerning yourself in your file. To learn how to exercise this right, see Item E below. C. Certain information is confidential and may not be reviewed, even by a subject of the data, such as yourself. D. According to the law, after you have been shown private information about yourself and have been informed of its meaning, the data need not be again shown to you for six months thereafter, unless a dispute or legal action concerning your privacy rights is pending or additional data about you has been collected. E. HOW YOU CAN CONTEST THE ACCURACY OF INFORMATION IN YOUR FILE: Write to us describing the nature of your disagreement. Send this information to the individual who has been designated by the City Council to be the "Responsible Authority" for data practices within the City. We will act on your letter within thirty(30) days in accordance with the Minnesota Government Data Practices Act. If you have any other questions about your privacy rights, please contact the City Clerk's office. 28 re =�zrtment/Division COMBINED DATA PRIVACIES/ BUILDING b SAFETY DEPARTMENT RECORDS RETENTION SCHEDULE Recipient: Building b Safety Dept. Enabling Authoeity: _ 1 Date March 1, 1983/April 1. 1985 Page 1 of 8 Purpose: Provide for administration of the WC -ME OF FOR14, RECORD, FILE, State Building Code. SYSTEM OR PROCESS DESCRIPTION RETENTION CLASS- CITATION FOR ST OTHER DOCUMENT PREFn�l BUILDING PERMITS LOCATION SCHEDULE IFICATIOI CLASSIF, 8-7 5 CLASS NUMBER t Building Permit Combined building permit/application/inspection General P Public M.S. 13.03 record, including permit for grading, demolition, Files M.S. 16e$3 and signs. (Post -1968) cn '2) 'Building Permit Application for building Permit. General 6 - Application (Pre -1968) Files r t� ,3) Building Permit Building permit form. General P y (Pre -19.68) Files C 4) Building Inspection Building inspection record card. Genera 1 } .� Record (Pre -1968) Files 5) Permit Index Building/electrical/plumbing/heating permit General P index card. Files ren (Pre -1968) -d SEATING PERMITS O ,6) HVAC Permit Combined heating, ventilating, air conditioning General P p R.C.O. 50.01 1-3ublic permi t/appl ication/ inspection record. Files 1"71 (Post -1968) o 77 HVAC Permit Application Application for heating permit. General P (Pre -1968) Files B) HVAC Permit Heati ng-venti-iati ng permit form. General P ( Pre -1968) Files' 9) HVAC Inspection Record Heating inspection record card. General 1 (pre -1968) *sample copy attached EXHIBIT D SAMPLES OF "INFORMED CONSENT" FORMS Consent for the Release of Information I, (name of individual authorizing release) authorize (name of individual, entity or person holding record) to disclose to (name of individual, entity or person to receive the information) the following information for the purpose I understand that my records are protected under state and/or federal privacy laws and cannot be disclosed without my written consent unless otherwise provided by state or federal law. I also understand that I may revoke this consent at any time except to the extent that action has been taken in reliance on it and that in any event this consent expires automatically as described below. Specification of the date, event, or condition upon which this consent expires Executed this day of , 19 . (signature of individual authorizing release) (signature of witness) (signature of parent, guardian or authorized representative, when required) NOTE TO DEPARTMENTS USING THIS FORM: The consequences of giving informed consent must be communicated to the individual prior to affixing his/her signature. 30 EXHIBIT D Release of Private Information I, , birth date ( month, days, year) hereby give my permission to (persons or organization making disclosure) to release information regarding (specific data, records, types of information, approximate dates) to for the purpose of I understand that my records are protected under State and Federal privacy regulations and cannot be disclosed without my written consent unless otherwise provided for by law. I also understand that I may cancel this consent at any time prior to the information being released and that in any event this consent form expires automatically 90 days after signing. I understand that information received from (persons or organization) will be shared only with staff or their consultants who need my information to provide services. NOTICE TO THIRD PARTIES: Minnesota Statutes 13.01 - 13.88 allow clients to access private data recorded in their files. Be informed that upon request by the client or his/her legal representative, this department is required by law to provide access to the information contained on this form or supplied as a result of this request. Signed this day of , 19 (Signature of client) (If client is a minor or unable to sign, signature of parent or guardian) (Signature of Witness) (Month, day, year) 31 EXHIBIT E USE AND COLLECTION OF SOCIAL SECURITY NUMBERS Any City department which requires data subjects to provide their Social Security Number must abide by the following: Excerpt from the PRIVACY ACT OF 1974 (Public Law 93-579, Section 7; 88 Stat. 1909) (SEE 5 USCS Section 552a notes): Section. 7 (a) (1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to: (A) any disclosure -which is required by Federal statute, or (B) the disclosure of a social security number to any Federal,. State or local agency maintaining a system of records in existence and operating before January 1, 1973, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it, Further, Excerpt from 42 United States Code, Section 405 ( c ) ( 2 ) ( C ) (i): (C) ( i } It is the policy of the United States that any State ( or political subdivision thereof) may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Secretary for the purposes of establishing the identifications of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if he has more than one such number) issued to him by the Secretary. KK APPENDIX I. GLOSSARY OF TERMS ACT means the Minnesota Government Data Practices Act, Minnesota Statutes 13.01 through 13.89 as amended. AUGUST 1 REPORT means the public document required by M.S. 13.05, Subd. 1 containing the name of the responsible authority and his designee, title and address, and a description of each category of record, file or process relating to private or confidential data on individuals maintained by the state agency, statewide system, or political subdivision. Samples of all forms used to collect private and confidential data are included in the public document. AUTHORITY FOR CLASSIFICATION means the federal law, state statute, or temporary classification approved by the commission of Administration which classifies government data on individuals as either nonpublic or protected nonpublic. AUTHORIZED PROGRAMS are those plans or procedures established by federal law, state statute or local governing body. AUTHORIZED REPRESENTATIVE is the individual, entity or person authorized to act on behalf of another individual, entity or person. For the purposes of the Act, the authorized representative may include, but is not limited to: (a) in the case of a minor, a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, (b) an attorney acting in behalf of an individual when the individual has given his written informed consent, ( c ) any other individual, entity or person given written authorization by the data subject, or (d) an insurer or his representative, providing that the written consent is in the form prescribed by M.S. 13.05, Subd. 4.d. CONFIDENTIAL Pursuant to M.S. 13.02, Subd. 3, "confidential data on individuals" means data which is made not public by statute or federal law applicable to the data and is inaccessible to the individual subject of the data. "Confidential" as used in some Minnesota Statutes and federal law may mean "private data on individuals" as defined in M.S. 13.021, Subd. 12 depending on the accessibility of the data to the data subject. COPY COST CALCULATION FORM (R 1510) is used to calculate the cost of providing copies of requested government data when the cost of providing the data exceeds the "Flat Rate This form is also used to calculate and establish a "Standard Fee Schedule" for those record copies which are routinely provided. COURT ORDER means the direction of a court or judge made or entered in writing, and not included in a judgement. DATA means government data. DATA NOT ON INDIVIDUALS (M.S. 13.02, Subd. 4) "means all government data which is not data on individuals." Examples of "data not on individuals" are security information, trade secret information, and sealed bids. DATA ON INDIVIDUALS (M.S. 1302, Subd. 5) means all government data in which any individual is or can be identified as the subject of the data, unless the appearance of the name or other identifying data can be clearly demonstrated to 33 be only incidental to the data and the data are not accessed by the name or other identifying data of any individual. DATA.SUBJECT means the individual or person about whom the data is created or collected. DESIGNEE (M.S. 13.02, Subd. 6) means any person designated by a responsible authority (a) to be in charge of individual files or systems containing government data and (b) to receive the comply with requests for government data. ENABLING AUTHORITY means the state, federal or local law that authorizes the program or function for which the data is collected, or which authorizes the actual data collection, storage, use or dissemination. ENTITY means any governmental agency subject to the requirements of the Act including state agencies, political subdivisions and statewide systems. FEDERAL LAW means the United States Code (U. S, C.) , rules of federal agencies as published in the Federal Reqister and federal case law, including decisions of any court in the federal judicial system. a FLAT RATE means the minimum amount to be charged an individual, entity or person for copies of requested records, documents, and publications. The "Flat Rate" amount is contained in Exhibit A of this manual. GOVERNMENT DATA means all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media, or conditions of use. INDIVIDUAL means a natural person ( as opposed to a corporate person) for data on individuals. In the case of a minor, "individual" includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian. INFORMATION DISCLOSURE REQUEST (R 1510) records (a) requestor identification data, ( b ) a description of the information requested, ( c ) the action taken by the responsible authority, designee or his representative, and (d) any financial transaction which may occur. INFORMED CONSENT 1. means the data subject possesses and exercises sufficient mental capacity to make decisions which reflect an appreciation of the consequences of allowing the entity to initiate a new purpose or use of the data in question. 2. Forms which are used to record the authorization for a new purpose or use of the data in question. LOCAL GOVERNING BODY means those entities which are given powers of less than statewide impact by statute or executive order. Such entities include but are not limited to county boards, welfare boards, park boards, and city councils. LOCAL LAW means a law enacted by a county board, municipal council or other lawmaking body of a political subdivision. 34 NON -DISCLOSURE AGREEMENT is a signed agreement between a summary data requestor and the entity maintaining the requested government data on individuals whereby the requestor agrees to comply with the requirements of the Act in handling private and confidential data on individuals. NONPUBLIC DATA (M. S. 13.02 , Subd. 9 ) "means data not on individuals which is made by statute or federal law applicable to the data: (a), not public; and (b) accessible to the subject, if any, of the data." NOT PUBLIC (M.S. 13.02, Subd.8a) as used in these guidelines means government data that is classified as either private or confidential data on individuals, or nonpublic or protected nonpublic data not on individuals. PERSON (M.S. 1302, Subd. 10) "means any individual, partnership, corporation, association, business trust or a legal representative of an organization." POLITICAL SUBDIVISION (M.S. 1302, Subd.11) 'means any county, statutory or home rule charter city, school district, special district and any board, commission, district or authority created pursuant to law, local ordinance or charter provision. It includes any nonprofit corporation which is a community action agency organized pursuant to the Economic Opportunity Act of 1964 (P.L. 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to any political subdivision, statewide system or state agency, to the extent that the nonprofit social service agency or nonprofit corporation collects, stores, disseminates, and uses data on individuals because of a contractual relationship with state agencies, political subdivisions or statewide systems." PRIVATE DATA ON INDIVIDUALS (M.S. 1302, Subd. 12) means data which is made by statute or federal law applicable to the data: (a) not public; and (b) accessible to the individual subject of the data. PROTECTED NON-PUBLIC DATA (M.S. 13.02, Subd. 13) "means data not on individuals which is made by statute or federal law applicable to the data: (a) not public and (c) not accessible to the subject of the data." PUBLIC DATA NOT ON INDIVIDUALS (M.S. 13.02, Subd. 14) "means data which is accessible to the public pursuant to Section 13.02." This section describes access to public government data. PUBLIC DATA ON INDIVIDUALS (M.S, 13.02, Subd. 15 ) "means data which is accessible to the public in accordance with the provisions of Section 13.03." REQUESTOR/REQUESTER means the individual, entity or person requesting access and copies of government data. REQUEST/RELEASE OF INFORMATION FORM is a signed informed consent for release or request of private or confidential data on individuals authorized and signed by the individual subject of the data. RESPONSIBLE AUTHORITY: (M.S. 13.02, Subd. 16) (a) For a state agency or statewide system, means the state official designated by law or by the commissioner of Administration as the individual responsible for the collection, 35 use, and dissemination of any set of data on individuals, government data, or summary data; (b) for any political subdivision, means the individual designated by the governing body of that political subdivision as the individual responsible for the collection, use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by law. The Responsible Authority for data maintained by the City of Maplewood is: SPECIAL RATE means the amount to be charged an individual, entity or person for copies of requested records, documents and publications when the cost of providing the copies exceeds the "Flat Rate". The "Copy Cost Calculation" form is used to calculate the 'Special Rate". STANDARD FEE SCHEDULE is the rate charged for copies of each type of routinely - provided record or document. The "Copy Cost Calculation" form is used to Justify rates exceeding the "Flat Rate" for such records. The "Standard Fee Schedule" precludes the need for calculating a special rate every time copies are routinely provided. The rate is based on the actual cost ofrovidin the copies p g as calculated on the "Copy Cost Calculation" form. STATE AGENCY (M.S. 13.02, Subd. 17) "means the state, the University of Minnesota, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the state." STATE LAW means "Minnesota Statutes" and decisions of any court in the state judicial system. State law includes rules promulgated,ursuant to statute, , b Y a state agency, STATE STATUTE means acts and session laws enacted by the legislature and codified in "Minnesota Statutes". Statute does not include special laws. STATEWIDE SYSTEM (M.S. 13.02, Subd. 18) "includes any record-keeping system in which government data is collects, stored, disseminated and used by means of a system common to one or more state agencies or more than one of its political subdivisions or any combination of state agencies and political subdivisions." STATUTE means state statute. SUMMARY DATA (M.S. 13.02, Subd. 19) "means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable." Temporary Classification means an application by a state agency, statewide system or political subdivision, pursuant to M.S. 13.06, which has been approved b the Pp Y Commissioner of Administration, to classify government data (which is not otherwise classified by state statute or federal law) as either private or confidential for data on individuals or nonpublic or protected nonpublic for data not on individuals. 36 TENNESSEN WARNING means those rights, as contained in Minnesota Statutes 13.04, Subd. 2, communicated to an individual who is asked to supply private or confidential data concerning himself/herself. These rights are: a. The purpose and intended use of the requested data within the collecting state agency, political subdivision or statewide system; b. Whether he/she may refuse or is legally required to supply the requested data; C., Any known consequences arising from his/her supplying or refusing to supply private or confidential data; and d. The identity of other persons or entities authorized by state or federal law to receive the data. 37 An AGENDA ITEM 0 1kc-tion by Cotinci AGENDA REPORT Endorsed liflodif ied- TO: city manager Rej ected.... FROM: Assistant ity EngineDate Cer Irish SUBJECT. Rosela wn Avenue, Arcade Street to Sloan Street-- Project 89-03 DATE: April 2, 1990 A copy of the February 5, 1990 agenda report is attached to facilitate discussion of the issues involved in a possible second public hearing for this project.. BAI jw Attachment J AGENDA ITEM AGENDA REPORT TO: City Manager F 1. ROM : Assistant City Engineer Br l �....�,..►; uce Irish SUBJECT: Roselawn AvenueD , Arcade Street to Sloan St ate. Project 89-0blic Hearing 3, Schedule Pu reet DATE: February 5, 1990 Introduction Transmitted herewith is the supplemental feasibilit report requested for the reconsider Y p rt anon of the subject project* supplemental feasibilit re P J The three acceptable Y Port and this agenda report ' p e road width designs, alter P review With storm sewer needs natives for dealing and the impact on project financing, is requested that'a nancin It public hearing be schedule i meeting, d for a special Background . The initial and su lemen road des' pp tal feasibility report re igns, 1, e, 4 o -feet wide c P P sent three . r curb to curb with sidewalk o pp oved for County Road C from n one side (as was a 61) , 40 -feet wide with no Hazelwood to T.H. sidewalk (as was approved for Roselawn from Jackson to Rice), and 36 -feet .wide with ' (as was approved for Upper h sidewalk on one side All three o pp Afton Road from McKnight to f these designs meet engineering'g T•H- 120}. be funded through state standards and would • g to aid. All three designs involve grading the full Width essentially and location of the right_o f_wa T of retaining walls for a y� he amount essentially the same. As any of the three designs are feasibility shown in Appendix A of the ty•report? the local sharesupplemental Percent maximum. The cost differs by about six selection of cross-section d affect the assessments since design does not Of $1125 per residential nce assessments. are at fixed -unit p s�.dential lot and assessment t rate third of street cost. ent recovery is only one. The selection between the based on t three street cross sections he preferences and needs should be owners and surround' of the abutting property surrounding neighborhood. In the ca Road, there is adequate a Se of Upper Afton regional q parking on side streets an park center. There was not d at the parking. The residents des' a need for any on -street With state -aid fired the narrowest roadwayconsistent standards, which is 36 -feet ing on either side, The should wide with no parkin arterial roadway shoulders on a 36 -foot wide Coll g do not provide enough collector or for pedestrians. T Separation from traffic Therefore, a separate side and approved, walk was recommended Project 89-03 2 February 5, 1990 On Roselawn, between Rice - and Jackson., little concern was expressed about the width of the road. There is little need for pedestrian facilities or parking along this segment since it abuts the water utility sludge lagoon, water utili storage reservoir, and undeveloty ground ped property for most of its length. Therefore, a. 40 -foot wide street with noparking on either side and no sidewalk was recommended and approved. The shoulders on this roadway, with parking prohibited should adequatel serve recreational and pedestr' y ian use, On County Road C between Highway 61 and Hazelwood a 40 -foot wide street, with a separate concrete walk, was. recommended and ,The rationale for this design •is that in going through a residential neighborhood there * is pedestrian use of the roadway, particularly since Beam Avenue is the only other connecting roadway between T.H. 61 and White Bear Avenue ToHo 36* The -availability of pare of the street north of king on one sid is also desirable since the spacing of cross streets •is quite far apart in many laces. Providing a separate* sidewal with a 40 -foot wide streetk, together o, allows for more safe pedestrian and parking on one side of th recreational use of the road and also all e street, ows the option of The situation on Roselawn between Arcade and. Interstate 35E is most similar to Of County Road. C. It was onthis basis that a 40 -foot wide roadway, with separate sidewalk, was recommended However,, if the neighborhood desires to forego these benefits to obtain a narrower road or eliminate the sidewalk one of the other two designs would be acceptable I 0 The selection of the 36 - foot wide design with separate sidewalk or the 40 -foot •wide street with no sidewalk, Will not reduce assessments, reduce disruption during construction, and it does not signi .affect cit so ficantly y cost on a percentage ba is under the cooperative agreement proposed with Rams ey County.. As documented in the feasibility r ponds and enlareport, the cost of establishing ging them to contain the volume of a 100 -year occurrence snow melt exceeds the cost of providing a Piped outlet to Round Lake, Furthermore, a •system of ponds without an outlet does not provide comparable protection to that of a pi Even with pond acquisition aped outlet. nd enlargementi there are still several properties along Ripley Avenue, west of Edgerton, that would flood unless they were Pumped. The maintenance cost of a no -outlet system is higher than if an outlet * is provided. For these reasons, the consideration of enlargement of ponds to contain the 100 -year design event is not recommended. The recommended manner in which to deal with area storm sewer is to provide the outfall to Round Lake as oriin ginally proposed the feasibility report. Project 89-03 3 February 5, 1990 Since the upgrading of Roselawn does not significantly affect the hydrology of the entire neighborhood, it is possible to construct the recommended street improvements, together with the storm sewer within Roselawn Avenue, but not construct the outfall or pond enlargements. ,The storm sewer constructed within Roselawn would discharge to the existing pond area within Roselawn park on the north side of Roselawn west of DeSoto and the existing ponding area on Edgerton north of Ripley. Since Mrs. Masloski has applied fora lot split of her property on the southwest corner of Roselawn and DeSoto and is in the process of attempting to sell the property, the city should obtain this property for future storm water ponding. The Masloski pond is shown on the Comprehensive Storm Water Plan. Downstream pipes on Bellwood Avenue were constructed based on the assumption that ponding would be provided on the Masloski property. The three recently split lots on Ripley, just west of Edgerton, should also be purchased as part of a minimal storm sewer improvement. These lots could be built on if there were an outlet to the pond. Without an outlet they are in significant danger of flooding. It is not appropriate to allow houses to be built on the three lots without an outlet. When the city eventually constructs an outlet, then these lots could be sold. There are four negative aspects to building Roselawn with only storm sewer within Roselawn itself and with some property acquisition as described previously. As stated in the supplemental feasibility report, the existing flooding potential will not be corrected. The Roselawn improvements will not make the existing situation materially worse, but it is a logical time to provide for the recommended outfall.. Some funding from Ramsey County and state aid may not be available if the outfall storm sewer is constructed independently in the future. The question as to whether to allow development within the drainage area to proceed, and if so, in what manner should be considered if it is elected to just construct storm sewer in Roselawn only, without an outlet. If the outlet is not constructed, then it is recommended that the on Roselawn not be assessed for storm sewer. The storm sewer provided in Roselawn w i i i %tRi mlIid ute iii punds without an outlet and does not constitute a storm sewer system. Assessment of properties on Roselawn for storm sewer, at this time, would not be justified or equitable. It should be made clear that assessments for storm sewer may be made against properties on Roselawn, as well as the rest of the tributary drainage area, in the future when the outfall to Round Lake and other system improvements are provided. Project 89-03 4 February 5. 1990 If there are no assessments th• fundingto fundcity's� e re quired general obligation the share of costs for storm sewer with Roselawn and acquisition of three lots on Ripleyin $118,000 to $410,000, increases from Since the November 1989 public hearing, closed -circuli to hevisi oninspection of the sanitary sewer on Roselawn has been completed pleted for most segments. The re' q red. repairs are less extensive than initially estimated. The segment on Roselawn between ether with Kenwood and Greenbrier, to g h the segment west of McMenemy, should be carefully evaluated for replacement. Two other ' segments that shout I intersecting d be evaluated for replacement are McMenem the north project limits the telev' Y to C television report shows 83 feet of sagged pipe north of the Roselawn center line south of Roselawn), and Sloan Avenue. (the television report shows 77 feet of cracked pipe with extensive roots � The revised cost estimate includes repair of these segments, plus estimated cost of replacing clay the services, The attached cost and financing summar is base wide street design Y d on the 40 -foot g with sidewalk and storm sewer for Roselawn _street drainage only g y acquisition of Masloski property yand three lots on Ripley and Edgerton). If a different streetdeslgn is selected only the MSA off -system transfer ransf er amount is changed, as described previously, An estimated assessment roll is attached. Only• f property abutting Roselawn is proposed or assessment. The only proposed i assessment s for street construction at $1125perireslot or $15 er front residential p foot for all other property. New water or sewer services would be assessed at cost. a Re ir or replacement Repair p cement Of existing services are to be .included in project costs and not assessed. Recommendation It is recommended that the public hearing g be scheduled. In view of the large number of people that may be interested in attending, it is recommended that a special ' e p meeting be called for the purpose. Arrangements ments have been made to reserve the John Glenn Middle School cafeteria for the evening of Wednesday, March 21, 1990. It is planned to have an informational • to the entire neighborhood tonal letter mailed 0 g rhood and made available to the newspaper instead of a public information meeting, BAI jc Attachments Item Construction Cost Engineering and Administration Easement and Right -of -Way Total Cost Assessment Recovery Mn/DOT MSA Off - ..System Transfer General Obligation Financing Sanitary Sewer Depreciation Fund Hydrant Fund Total Financing ROSELAWN AVENUE, ARCADE TO 35E PROJECT 89-03 LOCAL COST AND FINANCING SUMMARY Sanitary Water Storm Sewer Main Street* Sewer** Reconst, Reconst. Total $306,400 $150, 5170 $5210-00 $24,800 $533,700 761600 94,500 13.s000 71700 191,800 111000 165,000 — — 176,000 $394,000 $410,000 $651000 $32,500 $901,500 131,900 — — — 131,900 262,100 - Now - 262,100 - 410, 000 - - 410,000 - - 65,000 - 65,000 - - - 32,500 32,500 $3941F000 $410,000 $65,000 $32,500 $901,500 *Excess width, curb and gutter, walk, and walls. **Storm sewer on Roselawn and acquisition of Masloski property and p Y three newly split lots on northwest corner of Ripley and Edgerton. PAGE 1 OF 2 D/P NO, 6016 PROJECT NOV 89-03 ROSELAWN IMPROVEMENT (P) ,r PROJECT SUMMARY- SEC-17—T-29—R-22-00-13 UMMARY•SEC-17—T-29—R-22—QQ-13 10 PARCELS ASSESSED ITEM 01-25-1990 QUANTITY PER RATE ASSESSMENT ------------- STREET (RL—RM) ***i t�. ��� UNIT AT $1 1 -5. 000 EA. = � .STREET (ALL OTHER) * * **t�. ��� FF AT ***$15. 000 EA. _ SEC -17—T -29—R-22-00-14 ITEM ------------------ STREET (RL—RPI) STREET (ALL OTHER) SEC--17—T-29—R-22--00-23 ITEM STREET (RL—Rhi) STREET (ALL OTHER) SEC -17—T -29-R-22-00-24 ITEM STREET (RL—RM) STREET (ALL OTHER) SEC -17—T -29—R-22-00-31 ITEM ------------------- STREET (RL—RPI) STREET (ALL OTHER) SEC -17—T -29—R-22-00-32 ITEM STREET (RL—Pahl) STREET (ALL OTHER) 13 PARCELS ASSESSED QUANTITY PER UNIT AT *******t�. �►tc�� FF AT 7 PARCELS ASSESSED QUANTITY PER *********5.000 UNIT AT *******494. E%_400 FF AT 11 PARCELS ASSESSED QUANTITY PER L1141 AT ***** 435. 10 0 FF AT 8 PARCELS ASSESSED QUANTITY PER _ - - - r _- _ - - - - - ook) LINI T AT *********0.000 FF A;' 3 PARCELS ASSESSED QUANTITY PER LIN] T AT E-80 FF AT RATE ASSESSMENT ------------- $1.125-000 ---_----!_--$1.125.000 EA. = **$14. E,2 5. 00 ***$15.000 EA. _ RATE ASSESSMENT 000 EA. - ***1 C,. OLD0 EA. _- 417. RATE ASSESSMENT .r-------_--- 0 EA. = RATE ASSESSMENT ---------- ------------ RATE ASSESSMENT - - - - - - - - - - ------------- J ------------1. 1 000 EA. = * * ¢ 1. 1, 00 PAGE 2 OF 2 D/P N0, 6016 01-25-1990 • PROJECT NO. 89-03 ROSELAWN IMPROVEMENT ( P ) PROJECT SUMMARY .1 SEC -17—T -29—R-22-00--41 11 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT STREET (RL—Rh)) UNI T AT $11125,000 EA. _ **1 1, 2-'50.00 STREET (ALL OTHER) *******159. Qf00 FF AT ***$15. 000 EA, = ***$ . 08�. Clot SFC -17—T --29—R-22-00-42 1 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT STREET (RL—RPI) UNIT AT $1. 125. 000 EA. STREET (ALL OTHER) *****11470.150 FF AT ***$15.000 EA. _ **::'. Q►�;:'. �5 SEC -18—T -29--R-22-00-14 2 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT ------------- STREET (RL --RM) UNI T AT $1. 1.i5. 000 EA. STREET (ALL OTHER) *******424.800 FF A; ***$15.000 EA. _ - * E..37E.0,� SEC-18—T-29—R-22-00-41 C 6 PARCELS ASSESSED A k ITEM QUANTITY PER RATE ASSESSMENT ----�-------'--____ 4 �'w------------ -�'-- �"--------- ------------- - 1�►�#r STREET t RL Rt). * * t•. 1711 I UNIT T AT $1. 120. 000 EA. = r •'r ., �-*}$c�. � ����. 0' STREET (ALL OTHER)*********�. tt�tc�0 FF AT ** 15. 000 EA. _ 00 GRAND TOTALS 72 PARCELS ASSESSED t._ ITEM QUANTITY PER RATE ASSESSMENT `! STREET RL—RM) ********63.000 UNIT AT $1, 125.000 EA. _ ------------ **$70,1875.00 1 STREET (ALL OTHER) *****4, 069.23o FF AT ***$l5.000 EA. _ **$61, 038. 45 TOTAL AMOUNT ASSESSED FOR THIS PROJECT = **$131.913. 45 • PROJECT NO. 89-03 ROSELAWN IMPROVEMENT ( P ) D/P NO. 6016 DUANT I TY CHECK L I ST U COL. 1) = STREET ( RL -RM) - UNIT STREET (ALL OTHER) -- FF PIN NO. COL 1 17-29-22-13-0014 1.00, 7-29-22--13-0015 1 . 00 -.- _. _ •_• -• _ - - IZ� 111 �� 1 . IZt iZ► 17-29-22-1 35 1 . 17-29-22-13-0036 1 , 00 0037 17-29-22-13-0059 17-2 00 1.00 17-29-22- 1._;:`•-00 17-29-22-14-003.8 1.00 17 --;_: 9--22 --14 - 0 0."13 9 1. 00 17-- 29-22-14-'00 " 0 1 • th 0 17-c2`9-22-14-012-150,1 . A A 17 --;-i r� --. ;� -14 -- tl► th t:* 1 1. i.- 22'. - i t. .. 1.00 1 17-29-22-14-0055 17, c'":9 -22-14-007'a 1.00 17 -2 9 "*:-"2 -14 - 0 0 G 1 1. tip 0 a:.9 2 2 ..- .-. 00 17_.••.9-`;''--.•-,-;_0���_,7 � - i -,:.,= -- � �• _. LA .17 &2" 17-r2'9-422 �'4-001 1 1 . �•��� -. ! �, � -• 1 . Its �t� 17--29--2C2,--x_4_0014 7"'�.:..r=-a=.i�_.'70 1 wViVi1 yD 1 LAO 17-29"',-24-0017 1 od`li . �:.. (� lL� 1 �� 1.1114) 17 .., 19 1 • �ti �1 17-29-ii-a;r4-'0.0 1 �,• ��L� 17- 9 --;:.:2 -. = 1- 0 0 0117 -•9 •`•• -33 1-0Vi04 1 • �`'�'� 17- :9--22' 31-t110011:5 11"1►00to 17- :9- 2- = -- 1 . 00 ....2 7"2a'.'"' -i rL.L 17-0010 1 • 0 C ..-` 17 K� • 1 i ia-2--1-41-12,001 7 - tib • I<��� PAGE 1 OF 2 01-25--1990 COL 2 .00 tc�0 IZI 0 Vi 0• 0 0 0. 00 SLI . tl'� lig 0.00 �►. Q)0 t[� . 0 kl Q). Vi Vi 0. 00 0. 00 0 . 0 0 0. k) 0 0.00 0. k) cl 1Zi. 00 0. 0 Q 4i. 0. 00 0000 0000 0. 00 0.00 ILS . 0 tL l 0. Q1 CA 0. ilk 0 x'10 0 0 4 10 0. 00 0. 00 0 . Q) 0 0. Q�0 ter . C) o 0.00 0. 0 C ) 4_). Q)0 g D/P NO. 601 E. DUANTI TY CHECK LIST COL. 1) - STREET (FRL �--FSM) - UNIT COL. ;:) = STREET (ALL O't HER) -- FF PIN NO. 17-29-22-41-0003 2--41--0003 17 "29-22-41-000,0+ 17-29-22-41-0005 .17-29-22-41 -000 7 17-29-22-41-0008 17.29-22-41-0009 17-29---``-41--0010 17-29-22-41-0011 17-29-22-42-0001 8-29-22-14-0007 IS 29-22-14-0008 18-29-22-41 j 18-29-22-41-0002 - tc� �� 18-:'-9--�:.:2-41--000 18-29-22-41-0004 18-29-22-41-0005 18-29-22-41-0016 COL 1 1.00 .1 . 0 0 1.00 1. k� o 1.00 1. 00 1.00 1, 00 1.00 1. 00 0. Oki k). 00 0.00 1.00 1. 00 1 . k)o 1 . kite) 1 . Q)o 1 . k� Q) COL._ 2 0.00 o. oo 0. 00 0.00 0.00 O. oo 0.00 0. 00 0. 00 1470. 1 190. 00 22-4.80 0.00 0 0.00 0.00 0. 4ll0 0.00 0. 00 L: