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HomeMy WebLinkAbout2004 02-23 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 23, 2004 Council Chambers, Municipal Building Meeting No. 04-04 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the Council Manager Workshop -February 2, 2004 2. Minutes from the Council Manager Workshop -February 9, 2004 3. Minutes from the City Council Meeting -February 9, 2004 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation - Tzianeng Vang G. CONSENT AGENDA 1. Approval of Claims 2. Transfer to Fund for Gladstone West Improvement Project 00-OS 3. Conditional Use Permit Review -Highwood Farms Town houses (2666 Highwood Avenue) 4. Adoption of 2004 Public Worl~s Permit Fees 5. Amended Utility Billing Agreement between the City of Maplewood and the City of Woodbury 6. Purchase of Two Police Vehicles 7. Purchase of Tasers 8. Annual State Gambling License Renewal Resolution -Church of St. Jerome's H. PUBLIC HEARINGS 1. 7:00 p.m. Hillcrest Area (Larpenteur and White Bear Avenues) a. Mixed Use District Zoning Code Amendment (Second Reading) b. Land Use Plan Map Changes (BC, R-1 and C to Mixed Use (MU)) (4 votes) c. Zoning Map Changes (BC and R-1 to Mixed Use (MU)) 2. 7:30 p.m. Woodhill Subdivision (2516 Linwood Avenue) a. Conditional Use Permit for Planned Unit Development b. Preliminary Plat c. Zoning Map Change (F to R-1) I. AWARD OF BIDS J. UNFINISHED BUSINESS K. NEW BUSINESS 1. On-Sale Intoxicating Liquor License -Bret Shogren, Chipotle Grill 2. On-Sale Intoxicating Liquor License -James Gartner, AMF Maplewood Bowl 3. County Road D Realignment (TH 61 to Highridge Court), Project 02-08 -Resolution Approving Exchange Agreement with Trout Land LLC and Authorizing Commencing of Proceeding Subsequent for Right of Way Acquisition Agreement 4. Preliminary Approval for Issuance of Refunding Bonds 5. Gladstone Neighborhood Development Moratorium (First Reading) 6. Parl~vay Lift Station Removal Improvements, Project 02-15 -Resolutions for Modification of Construction Contract (Change Order No. 2) and Acceptance of Project 7. Carlton Street Improvements, Project 03-22 -Resolutions for a. Approving Plans and Advertising for Bids b. Order Preparation of Assessment Roll 8. Legacy Parl~vay, Hazelwood to Kennard, Project 03-26 -Resolution Accepting Report and Calling for Public Hearing 9. County Road D Realignment (TH 61 to Highridge Court), Project 02-08 -Resolution Approving Plans and Specifications for TH 61 Frontage Road and Utilitiy Improvements 10. County Road D Improvements (Southlawn to TH61), Project 02-07 -Resolution Approving Joint Powers Agreement with Cities of Vadnais Heights, Gem Lake and White Bear Lake, White Bear Township, Ramsey County and State of Minnesota for Alternative Transformer Haul Route for Xcel Energy 11. County Road D Improvements (Southlawn to TH 61), Project 02-07 -Resolution Approving Memorandum of Agreement with Xcel Energy for Alternative Transformer Haul Route L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Meetings - CounciUStaff Retreat -March 3, 2004 O. ADJOURNMENTS Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITYFOR OUR COMMUNITY Following are some r ales of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone 's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other actively listen to one another, keep emotions in check and use respectful language. MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, February 2, 2004 Maplewood Room, City Hall 5:00 p.m. A. CALL TO ORDER Acting Mayor Juenemann called the meeting to order at 5:24 p.m. Agenda Item D1 B. ROLL CALL C. D. Robert Cardinal, Mayor Absent Jackie Monahan-Junek, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Will Rossbach, Councilmember Present (Arrived at 5:24 p.m.) Others Present: City Manager Fursman Assistant City Manager Coleman City Engineer Ahl Police Chief Thomalla IT Director Hurley City Clerk Guilfoile Parks and Recreation Director Anderson (arrived at 6:00 p.m.) APPROVAL OF AGENDA Councilmember Monahan-Junek moved to a~rove the a,~enda as submitted. Seconded by Councilmember Koppen Ayes-All NEW BUSINESS 1. County Road D Improvements West of TH 61 (TH 61 to Highridge Court) -- City Project 02-08 -- Review of Acquisition Agreements for Project Implementation City Engineer Ahl provided a brief overview of the property acquisition on Hazelwood and the status of the redevelopment project West of Highway 61. E. F. FUTURE TOPICS 1. Sidewalk Study-Overall City Plan ADJOURNMENT With there being no further business the meeting was adjourned. City Council/Manager Workshop 02-02-04 Agenda Item D2 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, February 09, 2004 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C. D. E. F Robert Cardinal, Mayor Jackie Monahan-Junek, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Will Rossbach, Councilmember Others Present: City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile Human Resources Director Le Park and Recreation Director Anderson APPROVAL OF AGENDA NEW BUSINESS Present Present Present Present Present 1. Appointment Process For Boards and Commissions FUTURE TOPICS 1. Sidewalk Study-Overall City Plan ADJOURNMENT City Council/Manager Workshop 02-09-04 A. B. C. D E. F. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, February 9, 2004 Council Chambers, Municipal Building Meeting No. 04-03 CALL TO ORDER: Agenda Item D3 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Marvin Koppen, Councilmember Present Kathleen Juenemann, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from City Council Meeting, January 22, 2004 Councilmember Juenemann moved to approve the City Council Minutes of January 22, 2004 as amended. Seconded by Councilmember Koppen Ayes-All APPROVAL OF AGENDA F2. Chief Thomalla Ml. Ramsey County M2. Maplewood City News M3. NEST Councilmember Monahan-Junek moved to approve the a,~enda as amended. Seconded by Councilmember Juenemann Ayes-All APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation-Will Rossbach and Jackie Monahan-Junek a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for Will Rossbach and Jackie Monahan-Junek in appreciation for their service on the Plannin,~ Commission: City Council Meeting 02-09-04 JOINT RESOL UTION OF APPRECIATION 04-02-017 WHEREAS, William Rossbach has been a member of the Maplewood Planning Commission since October 10, 1989 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood,• and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens that William Rossbach is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. JOINT RESOL UTION OF APPRECIATION 04-02-018 WHEREAS, Jackie Monahan-Junek has been a member of the Maplewood Planning Commission since March 11, 2002 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated her experience, insights and good judgment and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood,• and WHEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that.Iackie Monahan-Junek is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and we wish her continued success in the future. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Koppen and Juenemann Abstain-Councilmembers Monahan- Junek and Rossbach 2. Officer Paul Bartz-Meritorious Service Award b. City Manager Fursman presented the report. b. Chief Thomalla presented specifics from the report. Councilmember Koppen moved to approve issuing a Meritorious Service Award to Officer Paul Bartz in recognition of his outstanding work during the past year as a City of City Council Meeting 02-09-04 Maplewood Police Officer. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 240,434.02 Checks # 62975 thru # 63021 dated 1/27/04 $ 298,831.94 Disbursements via debits to checking account dated 1/16/04 thru 1/22/04 $ 9,500.00 Checks # 63022 thru # 63023 dated 1/28/04 thru 1/29/04 $ 1,657,619.31 Checks # 63024 thru # 63098 dated 1/30/04 thru 2/03/04 $ 100,925.91 Disbursements via debits to checking account dated 1/21/04 thru 1/29/04 $ 2,307,311.18 Total Accounts Payable PAYROLL $ 482,449.93 Payroll Checks and Direct Deposits dated 1/30/04 $ 1,228.15 Payroll Deduction check # 96469 thru # 96470 dated 1/30/04 $ 483,678.08 Total Payroll $ 2,790,989.26 GRAND TOTAL 2. Carry Over of 2003 Appropriations to 2004 Approved the carry over from one year to the next of unspent monies for specific purposes, this involves reductions in the 2003 Budget and corresponding increases in the 2004 budget. 3. Presentation of the Blessed Virgin Mary Church Temporary Liquor License Approved the temporary liquor license by Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street for the annual Valentine program that will take place form 6:00 p.m. until midnight. City Council Meeting 02-09-04 3 4. 2003 Community Design Review Board Annual Report Accepted the 2003 Community Review Board Annual Report 5. Heritage Square Final Plat (Kennard Street and Legacy Parkway) Approved the Heritage Square Final plat. 6. Conditional Use Permit Review Comfort Bus Company (1870 Rice Street) Approved to review the conditional use permit for the bus-maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. 7. Conditional Use Permit Review Carriage Homes of Maple Hills (Maple Hills Drive) Approved to review that conditional use permit for the planned unit development (PUD) for the Carriage Homes of Maple Hills again in one year or sooner if the owner proposes a major change to the site. Councilmember Koppen moved to approve consent agenda items 1-3 and 5-7 as presented. Seconded by Mayor Cardinal Ayes-All Councilmember Juenemann moved to approve the consent agenda item 4 as presented. Seconded by Councilmember Koppen Ayes-All H. PUBLIC HEARINGS 7:10 p.m. Ohlson Landscaping-1949 Atlantic Street Lot Division Conditional Use Permit for Outdoor Storage Conditional Use Permit for Metal Building Conditional Use Permit for exterior storage within the Business Commercial Zoning District Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. c. Commissioner Desai presented the Planning Commission Report. d. Boardmember Ledvina presented the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: City Council Meeting 02-09-04 Stephanie Jacques, the applicant, 1706 Barclay Street, Maplewood £ Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the lot division request to subdivide the property at 1949 Atlantic Street into two lots based on the following conditions: a. Provide a certified land survey showing the existing and proposed property lines and proposed building and parking lot. b. Deeds describing the two new legal descriptions, which must be stamped by the city. Ramsey County requires the city acknowledgment of approval to record the deeds. City code requires that the deeds be recorded with Ramsey County within one year of the date of lot division approval (February 9, 2005) or the lot division becomes null and void. c. There are pending assessments on this property. In order for the city to approve the lot division the applicants must submit confirmation that the payment of assessments are resolved between the two property owners to the satisfaction of the city engineer. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit for Thor and Jenny Oehrlein for exterior storage within the Business Commercial (VCl zoning district in order to store lawn are maintenance vehicles on Parcel A (north parcel)at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-019 WHEREAS, Thor and Jenny Oehrlein applied for a conditional use permit for exterior storage within the business commercial zoning district for their property maintenance business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The northerly ~/z of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The City Council Meeting 02-09-04 council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 1. Exterior storage is limited to vehicles associated with a property maintenance business. All vehicles must be licensed and operable. No landscape material can be stored on the property, including but not limited to, lawn clippings, landscape rock, etc. 2. A 6-foot-high, solid wood, screening fence must be installed and maintained on the north property line. 3. There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by city code. 4. The city council must approve a revision to this permit if the owner wants to put a permanent building on the site. City Council Meeting 02-09-04 The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit to construct a 3,264- square-foot metal building within the Business Commercial (BC) zoning district on Parcel B (south barcell at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-020 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for the construction of a metal storage building that is 3,264 square feet in area and 25 feet in height within the Business Commercial zoning district; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly ~/z of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a City Council Meeting 02-09-04 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of city council approval or the permit shall become null and void. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit for exterior storage on Parcel B (south parcel) at 1849 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-027 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for exterior storage within the business commercial zoning district for their landscape business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly ~/z of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: City Council Meeting 02-09-04 On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: Exterior storage is limited to four landscape bins (8 feet wide x 8 feet deep x 6 feet high in size). Storage within the bins is limited to landscape goods or materials such as rock, mulch, sand, woodchips, etc. 2. The four landscape bins must be placed on the southeast side of the lot and must be screened from Atlantic Street with landscaping. City Council Meeting 02-09-04 There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. 4. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to approve the plans ( rg ading utility, and landscape plans date-stamped November 18, 2003) FORA 3,264 SQUARE FOOT METAL BUILDING AT 1949 Atlantic Street with following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Provide the following for city staff approval before the city issues a grading or building permit: 1) A revised grading and drainage plan that addresses all engineering conditions as outlined in the January 5, 2004, engineering review and includes that the entire parking lot and driveway be paved. This plan must be approved by the city engineer prior to issuance of a grading permit. 2) A revised utility plan, subject to the city engineer's approval. The applicants must sign a developer's agreement with the City of Maplewood to ensure proper extension of city sewer and water to the site. 3) A revised site plan showing the following: a) The parking lot layout including the location of at least four striped parking spaces, with one of those spaces handicap accessible as required by the Americans with Disabilities Act. b) The driveway with a width of at least 20 feet is paved between the street and the parking lot. Any gate along this driveway must also open to a 20-foot width. c) The location of four landscape bins a maximum size of 8 feet wide x 8 feet deep x 6 feet high. 4) Revised elevations showing one exterior faucet located on the building, the proposed landscape bins to be constructed of concrete block, painted to match the building, and the southern chain-link fence with beige colored slats to match the building which creates an 80 percent opaque screen. 5) Building samples of metal panels, standing seam roof, trim, doors, wainscot, and fence slats. 6) A revised landscape plan that shows the following: City Council Meeting 02-09-04 10 a) Replacement of gravel on the north side of the building with grass or native plantings. b) Replacement of gravel on the west and south side of the building with landscaping rock three feet out from the building and sod used to cover the remaining ground. c) An infiltration basin/rainwater garden planting plan showing an adequate number of native plantings to address infiltration needs as required by the city's engineering department. 7) The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand-water all landscaping, and any required landscape material that dies will be replaced. 8) A revised photometric plan showing the freestanding lights not to exceed 25 feet in height, including the base, and the light illumination from any outdoor light not to exceed .4 foot candles at all property lines. 9) If trash is to be stored outside of the building, plans for atrash-dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. 10) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c. Install all required exterior improvements including paving and striping the parking lot, installation of landscaping, installation of beige fence slats, installation of outdoor lighting, etc., before occupying the building. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All 2. 7:45 p.m. Public Meeting for Annual NPDES Report a. City Manager Fursman presented the staff report. City Council Meeting 02-09-04 11 b. City Engineer Ahl presented specifics from the report. c. Chuck Vermeersch provided further specifics from the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None e. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to accept the NPDES Annual Report. Seconded by Councilmember Koppen Ayes-All 3. 8:06 p.m. County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08--Resolution Ordering Improvement after Public Hearing (Petitioned-3 votes) a. City Manager Fursman presented the staff report. b. City Consultant Karl Keel, URS Engineers, presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: George Rossbach, 1406 County Road C, Maplewood Doug Frid, 2467 Hazelwood Street, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project (l2-(lR~ RESOLUTION 04-02-022 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted November 10, 2003, a report has been prepared under the direction of the city engineer with reference to the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and this report was received by the council on January 26, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 26~ day of January 2004, fixed a date for a council hearing on the proposed County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and City Council Meeting 02-09-04 12 WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 9, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood construct the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of February 2004. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as detailed in the preliminary report and revisions. A project budget of $2,321,400 shall be established. The proposed financing plan for is as follows: Municipal State Aid Street (MSAS) $1,146,800 Special Assessments $ 974,600 Ramsey County Contribution $ 200,000 TOTAL $2,321,400 Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Monahan-Junek, Koppen and Rossbach Abstain-Mayor Cardinal 4. 8:30 p.m. County Road D Water Main Improvements, City Project 03-09 - Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the City Council Meeting 02-09-04 13 improvement after Public Hearin, for Phases 2 and 3 of the County Road D Watermain Improvements, Project 03-09: RESOLUTION 04-02-023 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted May 27, 2003, a report has been prepared under the direction of the city engineer with reference to the County Road D Watermain Improvements, City Project 03-09, and this report was received by the council on January 26, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 26~ day of January 2004, fixed a date for a council hearing on the proposed County Road D Watermain Improvements, City Project 03-09, and WHEREAS, only Phases 2 and 3, as defined in the feasibility study, are proposed to be constructed at this time, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 9, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood construct the County Road D Watermain Improvements, City Project 03-09. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of February 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as detailed in the preliminary report and revisions. A project budget of $263,250 shall be established. The proposed financing plan for Phases 2 & 3 is as follows: Assessments $198,460 City General Tax Levy $ 12,500 SPRWS Funds $ 52,290 TOTAL $263,250 Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Monahan-Junek, City Council Meeting 02-09-04 14 Koppen and Rossbach Abstain-Mayor Cardinal 5. 8:00 p.m. Roundabout-Hazelwood St. & County Road C, Project 01-16 a. Resolution Modifying Original Contract after Public Hearing (3 votes) b. Resolution Requesting Variance from State Aid Standards (3 votes) a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Tom Sohrweide with SHE Traffic Engineers provided further specifics. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: George Rossbach, 1406 County Road C, Maplewood James Sanders, 2425 Hazelwood, Maplewood Rosella Liman, 2480 Hazelwood, Maplewood Phillip Oswald, 2676 English, Maplewood Nancy Keinrichs, 2575 Southlawn Drive, Maplewood Dale Maroushek, 2602 Hazelwood, Maplewood Jim Oswald, 1948 Cope, Maplewood Dick Gambeski, 1803 E. County Road C, Maplewood John Simons, 2409 Hazelwood, Maplewood Jean Weber, 2440 Hazelwood, Maplewood Peggy Arnie, 2730 Hazelwood, Maplewood Karen Fasulo, 2601 English, Maplewood Doug Frid, 2467 Hazelwood, Maplewood £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to petition the county to keep the 4-wa.~p and reassess the intersection in 5 years. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers Rossbach and Koppen Nays-Councilmembers Juenemann and Monahan-Junek A five-minute break was taken. I. AWARD OF BIDS Award of Bid for New Fire Department Pumper/Tanker a. City Manager Fursman presented the staff report. City Council Meeting 02-09-04 15 b. Fire Chief Lukin presented specifics from the report. Councilmember Juenemann moved to award the bid to Custom Fire for one pumper/tanker for the fire department in the amount of $299,980.00 Seconded by Councilmember Monahan-Junek Ayes-All J. UNFINISHED BUSINESS None K. NEW BUSINESS County Road D Realignment, Project 02-07-Resolution Authorizing Condemnation Proceedings for Right-of--Way Acquisition a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution authorizing Eminent Domain Proceedings on Property for Purposes ofRight-of--way acquisition, City Project 02-07, and direct staff to continue negotiation to acquire the property necessary for right- of-wadpurposes: RESOLUTION 04-02-024 AUTHORIZING EMINENT DOMAIN PROCEEDINGS ON CERTAIN PROPERTY FOR RIGHT-OF-WAY PURPOSES WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61), and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report had been prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07 and said feasibility report was received by the council on July 22, 2003, and WHEREAS, the report provided information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, to construct said improvement it was deemed necessary to acquire property for right-of--way purposes from the following properties: a. Parcel 032922210004, Owner: Richard Schreier b. Parcel 032922210003, Owner: Burlington Northern Santa Fe (BNSF), and WHEREAS, a public hearing for said improvement was held on September 8, 2003, and WHEREAS, it is necessary to begin eminent domain proceedings to expedite the City Council Meeting 02-09-04 16 acquisition ofright-of--way and to ensure that the project remains on schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The city engineer and city attorney are hereby authorized to acquire through eminent domain proceedings the following properties for purposes ofright-of--way acquisition: a. Parcel 032922210004, Owner: Richard Schreier b. Parcel 032922210003, Owner: Burlington Northern Santa Fe (BNSF) Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to extend the meeting past the 11:00 cur ew to complete the agenda. Seconded by Councilmember Rossbach Ayes-All 2. County Road D, T.H. 61 to Hazelwood St, Project 02-07- Resolution Approving State Aid Designation a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution requesting the approval and desi,~nation of County Road D from TH 61 to Hazelwood Street as part of Maplewood's Municipal State Aid Street system by the Commissioner of Transportation of the State of Minnesota: RESOLUTION 04-02-025 ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the street hereinafter described meets all necessary criteria and thus should be designated as a municipal state aid street under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: County Road D--T.H. 61 to Hazelwood Street-0.60 miles be, and hereby is established, located, and designated a municipal state aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the described existing municipal state aid segments be revised as follows, to-wit: County Road DHazelwood Street to White Bear Avenue from 0.89 miles to 0.90 miles Segments 138-121-010 and 138-121-020 City Council Meeting 02-09-04 17 Hazelwood Street-Beam Avenue to County Road D from 0.53 miles to 0.50 miles Segment 138-112-040 BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the commissioner of transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as a municipal state aid street of the City of Maplewood to be numbered and known as a municipal state aid street. Seconded by Councilmember Juenemann Ayes-All 3. Gladstone South Neighborhood Streets, Project 00-03 Resolutions for Modification of Existing Construction Contract (Change Order #4) and Acceptance of Project a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following two resolutions for the Gladstone South Neighborhood Street Improvements, City Project 00-03: RESOLUTION 04-02-026 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 00-03, Gladstone South Neighborhood Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, construction has now been completed with increases in the quantity of some contract unit price items that have resulted in a final project cost greater than the original contract amount, and WHEREAS, it is now necessary that said final contract be modified and designated as Improvement Project 00-03, Change Order Nos. 4. 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 No. 4 in the amount of $18,035.93. The final contract amount is $2,229,534.81. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: City Council Meeting 02-09-04 18 Funding Source Street Assessments: Storm Assessments: Sewer Utility Fund SPRWS: General Tax Levy: Private Driveways Total: Original Budget Revised Budget $1,004,500 $988,850 $155,600 $133,245 $153,500 $200,544 $223,100 $111,352 $1,809,300 $1,426,459 $0 $90,292 $3,346,000 $2,950,742 RESOLUTION 04-02-027 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Gladstone South Neighborhood Street Improvements, City Project 00-03, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 00-03 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Rossbach Ayes-All 4. Nature Center Exhibits a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to approve in concept the development of new, interactive exhibits at the Maplewood Nature Center and establish a $90,000 budget and adopted the following resolution declarin tg he ci . a legal sponsor for the Environmental Partnership Grant Program and accepted a $20,000 grant from the Ramsey-Washington Metro Watershed District, and directed the finance Director to authorize a budget transfer of $50,000 form the PAC fund to the 2004 capital improvement plan for the nature center exhibit project.: Resolution 04-02-028 BE IT RESOLVED that the City of Maplewood act as the legal sponsor for the Environmental Partnerships Grant Program Agreement EP04-3.03. BE IT FURTHER RESOLVED that the City of Maplewood has the financial capability to meet the match requirement and ensure adequate completion of the project and certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW THEREFORE BE IT RESOLVED that Mayor Cardinal and City Clerk Guilfoile City Council Meeting 02-09-04 19 are hereby authorized to execute the Environmental Partnerships Grant Agreement EP04-3.03 necessary to implement the project on behalf of the City of Maplewood. Seconded by Councilmember Monahan-Junek Ayes-All 5. Legacy Village Development Agreement Amendment a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Monahan-Junek moved to approve the Special Assessment Agreement for the Town and Country Development and the Development A,~reement with Hartford as presented. Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Ramsey County-Mayor Cardinal mentioned an article in the Sunday paper regarding the 800 MHz. 2. City News-Councilmember Koppen asked the price of producing one page of the City News with Parks and Recreation Director Anderson responded in stating the cost is $580.00. 3. NEST-Councilmember Koppen stated the next NEST Meeting is 7:30 a.m. on Tuesday, February 10~. N. ADMINISTRATIVE PRESENTATIONS The Gladstone Planning Committee will hold their first meeting on February 11, 2004 at 6:00 p.m. in the Council Chambers. 2. The CounciUStaff Planning Retreat will beheld on March 3rd, more details will be available at the February 23rd meeting. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 11:10 p.m. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 02-09-04 20 AGENDA ITEM F-1 AGENDA REPORT TO: City Manager FROM: Sherrie Le, Human Resource Director RE: POLICE CIVIL SERVICE COMMISSION RESIGNATION DATE: February 13, 2004 INTRODUCTION There is a vacancy on the Civil Service Commission due to the resignation of Mr. Tzianeng Vang. This term expired on 12/31/2003, though Mr. Vang will continue until the vacancy is filled. City staff advertised this vacancy in the Maplewood City News, on our website and through postings. We received applications from four qualified residents. I have attached a resolution of appreciation. RECOMMENDATION Approve the attached resolution of appreciation for Mr. Tzianeng Vang. Attachment bd RESOLUTION OF APPRECIATION WHEREAS, Tzianeng Tung has been a member of the Maplewood Police Civil Service Commission since May 14, 2001 and has served faithfully in that capacity to the present time; and WHEREAS, the Police Civil Service Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood,• and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOL VED for and on behalf of the City of Maplewood, Minnesota and its citizens that Tzianeng Tung is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by Maplewood City Council on Robert Cardinal, Mayor AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: February 23, 2004 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 300.00 Checks # 63099 dated 2/04/04 $ 134,164.99 Checks # 63100 thru # 63130 dated 2/10/04 $ 2,510,504.99 Disbursements via debits to checking account dated 1/30/04 thru 2/05/04 $ 205,715.02 Checks # 63131 thru # 63190 dated 2/13/04 thru 2/17/04 $ 149,164.85 Disbursements via debits to checking account dated 2/06/04 thru 2/12/04 $ 2,999,849.85 Total Accounts Payable $ 103,162.00 Merit Payroll Checks and Direct Deposits dated 2/06/04 $ 425,943.84 Payroll Checks and Direct Deposits dated 2/13/04 $ 5,964.84 Payroll Deduction check # 96628 thru # 96632 dated 2/13/04 $ 535,070.68 Total Payroll $ 3,534,920.53 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file ds attachments c:\My Documents\Excel\Miscellaneous\04-AprClms 02-06 and 02-13 ,~ Check Register City of Maplewood Page 1 vchlist 02/06/2004 10:23:36 AM Check Date Vendor Description/Account Amount 63099 2/4/2004 03010 METHODIST HOSPITAL NREMT EXAM - 2 300.00 63100 2/10/2004 02347 10,000 LAKES CHAPTER MARCH 2004 SEMINAR - 4 700.00 63101 2/10/2004 00211 BRAUN INTERTEC CORP. PROJ 02-07 PROF SRVS THRU 10/3 9,254.00 PROJ 02-07 PROF SRVS THRU 12/26 1,343.00 63102 2/10/2004 00307 COLLINS ELECTRICAL CONST. CO. ELEC HOOKUP FOR HOIST CRANE 205.00 63103 2/10/2004 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 326.54 63104 2/10/2004 00463 EMERGENCY APPARATUS MAINT SERVICE AMB MEDIC 4 297.53 REPAIR RESCUE 1 2,124.99 REPAIR AMB MEDIC 2 288.72 SERVICE AMB MEDIC 3 304.41 REPAIR SERVICE TRUCK 208.95 REPAIR ENGINE 3 328.93 63105 2/10/2004 03011 FIRETEC SALE OF VEHICLE COMMISSION 1,000.00 63106 2/10/2004 00543 GE CAPITAL LEASE COPIER 2/12 TO 3/12 293.94 63107 2/10/2004 00718 INDEPENDENT SCHOOL DIST #622 BASKETBALL GYM SUPV 643.75 BASKETBALL GYM SUPV 167.50 BASKETBALL BUILDING SUPV 71.25 CREDIT BALANCE -0.01 63108 2/10/2004 00721 INDEPENDENT SPORTS NETWORK BASKETBALL SCHEDULING SERVICES 1,064.00 63109 2/10/2004 00771 JOHNSON, RICK DEER REMOVAL 300.00 63110 2/10/2004 00790 KELLER ELECTRIC INC ELEC SERVICE 285.00 63111 2/10/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07 PROF SRVS THRU 12/30 923.13 PROJ 02-21 PROF SRVS THRU 12/30 12,761.66 PROJ 02-07 PROF SRVS THRU 12/30 12,802.44 PROJ 03-22 PROF SRVS THRU 12/30 13,087.75 PROJ 03-26 PROF SRVS THRU 12/30 14,944.09 63112 2/10/2004 02877 LA METTRY'S COLLISION REPAIR SQUAD 949 2,083.45 63113 2/10/2004 03012 M A C I A 2004 MEMBERSHIP DUES 25.00 63114 2/10/2004 00891 MAMA MAMA LUNCHEON 18.00 MEMBERSHIP DUES 50.00 63115 2/10/2004 00977 METRO ATHLETIC SUPPLY 12 INCH SOFTBALLS 4,231.14 63116 2/10/2004 00985 METROPOLITAN COUNCIL WASTEWATER -JAN/FEB REVISED 10,805.87 63117 2/10/2004 01028 MN STATE TREASURER STAR MONTHLY SURTAX -JAN 1,170.91 63118 2/10/2004 01173 NORTH METRO AUTOMOTIVE REPAIR TO U-2 325.34 63119 2/10/2004 01175 NORTH ST PAUL, CITY OF UTIL BILL EDUC SET-UP FEE 1,000.00 63120 2/10/2004 00001 ONE TIME VENDOR REF WETS BUILDERS -SAC OVRPYMT 30,600.00 63121 2/10/2004 00001 ONE TIME VENDOR REF REBINA SOBANIA -MEMBERSHIP 612.38 63122 2/10/2004 00001 ONE TIME VENDOR REF LOU LENTSCH - PROJ 01-16 COMP 209.00 63123 2/10/2004 00396 PUBLIC SAFETY, DEPT OF CRIME PREVENTION COURSE - 2 600.00 63124 2/10/2004 01613 ROCKIN' HOLLYWOODS, THE MUSIC ENTERTAINMENT DP 7/4 1,350.00 63125 2/10/2004 01550 SUMMIT INSPECTIONS ELECTRICAL CONTRACTOR INSP 4,213.60 63126 2/10/2004 01649 TRI-STATE BOBCAT, INC. 60" V-SNOW BLADE 1,586.85 63127 2/10/2004 01728 VOYAGEUR ASSET MGMT INC INV MGMT FEE 974.00 63128 2/10/2004 01734 WALSH, WILLIAM P. COMM PLUMBING INSP 218.51 63129 2/10/2004 01750 WATSON CO INC, THE MERCH FOR RESALE 324.87 63130 2/10/2004 02462 WEMYSS, SCOTT D NAME TAGS 16.00 NAME TAGS 23.50 32 Checks in this report Total checks : 134,464.99 2 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 01 /29/04 01 /30/04 01 /29/04 01 /30/04 01 /30/04 01 /30/04 01 /30/04 02/02/04 02/02/04 01 /30/04 01 /30/04 01 /30/04 02/03/04 02/04/04 02/02/04 01 /30/04 01 /30/04 01 /30/04 02/02/04 02/02/04 02/02/04 02/02/04 02/02/04 02/03/04 02/03/04 02/03/04 02/03/04 02/04/04 02/05/04 02/05/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust U.S. Bank Trust MN State Treasurer MN State Treasurer ICMA MSA Union MN State Treasurer MN State Treasurer ARC Administration TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Debt Service payments Drivers License/Deputy Registrar State Payroll Tax RHS contribution Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Amount 15,812.13 13,637.66 1,298.50 13,904.90 98,627.02 48,733.18 26,562.69 2,218,606.88 11,251.50 18,984.16 24,885.00 48.00 7,327.25 9,524.67 1,301.45 ~,~ i u,~u4.aa c:\My Documents\Excel\Miscellaneous\04-AprClms 02-06 and 02-13 3 Check Register City of Maplewood vchlist 02/13/2004 11:01:38 AM Page 1 Check Date Vendor Description/Account Amount 63131 2/17/2004 01908 ADMINISTRATION, DEPT OF HARBOR BACKUP -DEC 1053.6 WIDE AREA NETWORK SRV -DEC 392 63132 2/17/2004 00049 ADT SECURITY SERVICES FIRE STAT 3 SEC UPGRADE, CONFIG 2430 63133 2/17/2004 00111 ANIMAL CONTROL SERVICES INC ANIMAL CONTROL SERVICES 469.45 63134 2/17/2004 03014 ANOKA TECHNICAL COLLEGE NSRMA FIRE SCHOOL 90 63135 2/17/2004 03015 ASHLAND POLICE DEPT K-9 FUND REGION 18 K-9 FIELD TRIALS 75 63136 2/17/2004 00223 BRODIN STUDIOS, INC. RETIREMENT PLAQUE 238.65 63137 2/17/2004 00232 BURNETT, MORLEY AND BETH REPAIR TV SETS 91.85 63138 2/17/2004 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50 63139 2/17/2004 00494 CHILDREN HOME & FAMILY SERVICE YTH DIVERSION REST PROG - 4TH QTR 10270.25 63140 2/17/2004 02746 CLOVER SUPER FOODS INC MERCH FOR RESALE 127.36 63141 2/17/2004 03013 COMPASS WINE EVENT - 11/13 870.5 63142 2/17/2004 02816 DAYTON'S COMMERCIAL INTERIORS AMICO LOVESEAT- FINISH: LIGHT CHERRY ON 850.21 63143 2/17/2004 00358 DGM INC. TOW FORFEITURE VEH 90.53 TOW FORFEITURE VEH 90.53 TOW FORFEITURE VEH 90.53 TOW FORFEITURE VEH 90.53 TOW FORFEITURE VEH 90.53 63144 2/17/2004 00363 DLT SOLUTIONS, INC. LAND DESKTOP 2004 NETWORK 7212.97 63145 2/17/2004 00367 DP INDUSTRIAL MARKETING LOCKER PARTS 258.25 63146 2/17/2004 02694 ELERT & ASSOCIATES INC PROF SRVS - 4/1 TO 8/31 1590 63147 2/17/2004 00487 F.M. FRATTALONE EXC INC PROJ 00-03 GLADSTONE S -FINAL PYMT 29093.42 63148 2/17/2004 00532 FRANK MADDEN & ASSOCIATES LEGAL SRVS THRU 1/31 362 63149 2/17/2004 02642 GALLES CORP PRESSURE WASHER REPAIR 210.82 63150 2/17/2004 02945 HEALTHEAST VEHICLE SERVICES REPAIR VEHICLE #601 13.75 REPAIR VEHICLE #949 364.82 REPAIR VEHICLE #947 364.82 REPAIR VEHICLE #950 1595.93 63151 2/13/2004 02970 HIGH FREQUENCY DJ COMPANY DJ COMPANY 2/13 300 63152 2/17/2004 00702 ICMA PERFORMANCE MEASUREMENT PROG 5000 63153 2/17/2004 00718 INDEPENDENT SCHOOL DIST #622 GYM SUPERVISION - 4 TEAMS 148 63154 2/17/2004 02136 JOHNSON, DOUGLAS REIMB FOR BOOK 2/11 30 63155 2/17/2004 00785 KAMCOM TECHNOLOGIES PC AMD ATHLON 2800 PROCESSOR, 80 GB HD, 9749.81 63156 2/17/2004 00788 KARIS, FLINT REIMB FOR LUNCH - 2/11 8 REIMB FOR DRIVING SCHOOL 6/24 6.79 63157 2/17/2004 01894 KELLY & FAWCETT PA PROSECUTION FEES -JAN 9825 LEGAL SERVICES -JAN 19836.75 63158 2/17/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07 PROF SRVS THRU 10/31 3209.85 PROJ 02-07 PROF SRVS THRU 11/30 1424.25 PROJ 02-07 PROF SRVS THRU 12/30 3339.08 63159 2/17/2004 00821 KVAM, DAVID REIMB FOR PARKING 1/27 - 1/28 24 63160 2/17/2004 00857 LEAGUE OF MINNESOTA CITIES CONF REGISTRATION FEE 2004 240 63161 2/17/2004 00945 MASYS CORP SOFTWARE MAINT -MAR 738.68 63162 2/17/2004 03018 MEDICA CHOICE (REFUND) REF AMB 03021847 J LICHNER 57.73 63163 2/17/2004 02906 METRO LAND & SURVEYING & ENG LAPRENTEUR PROPERTY SURVEY 826.25 63164 2/17/2004 01051 MN OCCUPATIONAL HEALTH PRE-EMPLOYMENT PHYSICALS 138 63165 2/17/2004 01174 NORTH ST PAUL-MAPLEWOOD- WINE EVENT - 11/13/2003 870.5 63166 2/17/2004 00001 ONE TIME VENDOR REF AMFBOWLING - DUP CIGARETTE LIC 86 63167 2/17/2004 00001 ONE TIME VENDOR REF JANET HANNIGAN -MEMBERSHIP 55 63168 2/17/2004 00001 ONE TIME VENDOR REF JOANNE LICHNER -AMB 03021847 25 63169 2/17/2004 00001 ONE TIME VENDOR REF YUEN FAI NG -SKATING LESSONS 17.5 63170 2/17/2004 02043 OVERHEAD DOOR COMPANY REPAIR DOOR 191.75 63171 2/17/2004 01941 PATRICK GRAPHICS & TROPHIES TROPHIES -GIRLS 5/6TH GRADE 2623.31 63172 2/17/2004 02491 PUBLIC SAFETY MARKETING INC 10 -EMS JACKETS & PANTS 2802.5 RESPONDER JACKET 2832.5 63173 2/13/2004 00396 PUBLIC SAFETY, DEPT OF HOMELAND SEC & EMER MGMT CONF - 3 480 63174 2/17/2004 01337 RAMSEY COUNTY-PROP REC & REV DATA PROCESSING -DEC 3550 63175 2/17/2004 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 251.12 63176 2/17/2004 00069 RISK MANAGEMENT ALTERNATIVES COLLECTION AGENCY FEE 15 63177 2/17/2004 02001 ROSEVILLE, CITY OF DATA PROC JOINT PWRS -JAN 625 63178 2/17/2004 01393 RUMPCA COMPANIES INC TUB GRINDER & HAULING BUCKTHORN 2000 63179 2/17/2004 01463 SISTER ROSALIND GEFRE MASSAGES -JAN 2196 63180 2/17/2004 03016 ST PAUL CONVENTION & VISITOR MEMBERSHIP 375 63181 2/17/2004 01514 ST PAUL STAMP WORKS INC STAMPS FOR PASSPORT/DMV SRVS 77.56 63182 2/17/2004 01504 ST PAUL, CITY OF HYDRANT & WATER USE - 3RD QTR 513.53 PARAMEDIC SUPPLIES 479.08 63183 2/17/2004 01564 SUZANNE'S CUISINE, INC. MEETING MEAL 680.03 MEETING COFFEE -2/24 TO 9/19 3815 63184 2/17/2004 01572 SYSTEMS SUPPLY. INC. INK & TONER CARTRIDGES 416.46 4 Check Register City of Maplewood Page 2 vchlist 02/13/2004 11:01:38 AM Check Date Vendor Description/Account Amount 63131 2/17/2004 01908 ADMINISTRATION, DEPT OF HARBOR BACKUP -DEC 1053.6 INK CARTRIDGE 414.84 63185 2/17/2004 03017 TEAM INC CHEMICAL DEPENDENCY EVAL 125 63186 2/17/2004 01664 TWIN CITY GARAGE DOOR CO. INSTALL PHOTO EYES ON BAY DOORS 1140 63187 2/17/2004 01683 UNIFORMS UNLIMITED INC SHOES 70.95 PANTS 140.12 UNIFORM 21.55 GLOVES 23.5 63188 2/17/2004 01763 WESTERN WATERPROOFING CO., INC URETHANE GROUT INJECTIONS BASEMENT OF 1000 63189 2/17/2004 01789 WOODBURY, CITY OF REFUND -OVERPAID SEWER ACCTS 6081.18 63190 2/13/2004 01190 XCEL ENERGY MONTHLY UTIL -STMT DATE 2/4 50915.61 MONTHLY UTIL -STMT DATE 2/4 7373.94 60 Checks in this report Total checks : 205,715.02 5 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 02/05/04 01 /30/04 02/05/04 02/06/04 02/06/04 01 /30/04 02/09/04 02/10/04 02/11 /04 02/06/04 02/11 /04 02/06/04 02/06/04 02/06/04 02/09/04 02/09/04 02/09/04 02/10/04 02/11 /04 02/12/04 02/12/04 02/12/04 MN State Treasurer WI Dept of Revenue MN Dept of Natural Resources MN State Treasurer P.E.R.A. ARC Administration MN State Treasurer MN State Treasurer MN State Treasurer Elan Financial Services* Pitney Bowes TOTAL Description Drivers License/Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License/Deputy Registrar P.E.R.A. DCRP & Flex plan payments Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Purchasing card items Postage *Detailed listings of Elan purchasing card items are attached. Amount 8,985.04 1,827.42 1,385.50 10,387.30 12,117.43 1,446.94 24,530.24 21,476.78 17,938.98 46,084.22 2,985.00 c:\My Documents\Excel\Miscellaneous\04-AprClms 02-06 and 02-13 6 Transaction Review ~ ~ ~' For Transactions posted between 01/26/2004 to 02/01/2004 Post Date Vendor Name Settlement Amt Cardholder Name 01/26/2004 STRETCHER'S POLICE EQP 160.29 TIMOTHY FLOR 01/28/2004 STRETCHER'S POLICE EQP 90.42 CLTNT R ABEL 01/28/2004 NEXTEL WIRELESS SVGS 161.72 BRUCE K ANDERSON 01/28/2004 TIME WARNER CABLE R15 219.58 BRUCE K ANDERSON 01/29/2004 GE CAPITAL 298.20 BRUCE K ANDERSON 01/30/2004 ARCH WIRELESS 51.06 BRUCE K ANDERSON 01/30/2004 S & T OFFICE PRODUCTS 451.71 BRUCE K ANDERSON 01/26/2004 BROWNELLS TNC 17.65 SCOTT ANDREWS 01/26/2004 HEALTHEAST TRANSPORTATN 1,794.80 JOHN BANICK 01/29/2004 SHRED TT 159.84 JOHN BANICK 01/29/2004 GRAFIX SHOPPE 412.42 JOHN BANICK 01/30/2004 TWIN CITY GARAGE DOOR 115.94 JOHN BANICK 01/30/2004 ARCH WIRELESS 43.58 JOHN BANICK 01/30/2004 CENTURY COMM & TECH 1,770.00 JOHN BANICK 01/30/2004 GRAFIX SHOPPE 282.23 JOHN BANICK 01/26/2004 AQUA LOGIC TNC 1,995.91 JTM BEHAN 01/28/2004 HENRIKSEN ACE HARDWARE 23.26 JTM BEHAN 01/29/2004 PARK SUPPLY TNC 158.47 JTM BEHAN 01/29/2004 MINNESOTA ELEVATOR TNC 310.51 JTM BEHAN 01/30/2004 HENRIKSEN ACE HARDWARE 49.87 JTM BEHAN 01/30/2004 MNTNCE ENGINEERING 194.62 JTM BEHAN 01/26/2004 MICHAELS #9401 4.46 OAKLEY BIESANZ 01/28/2004 UNIFORMS UNLIMITED TNC 371.98 DANIEL P BUSACK 01/27/2004 DGT DYNAMIC GRAPHICS 79.00 HETDT CAREY 01/30/2004 OFFICE MAX 00002204 25.50 HETDT CAREY 01/30/2004 PAPER DEPOT 108.15 HETDT CAREY 01/26/2004 URBAN LAND INSTITUTE 170.00 MELINDA COLEMAN 01/26/2004 PARTY AMERICA 1008 67.68 LINDA CROSSON 01/26/2004 TOYS R US #6046 82.98 LINDA CROSSON 01/26/2004 UNIFORMS UNLIMITED TNC 28.50 KERRY GROTTY 01/29/2004 TERRYBERRY COMPANY 819.15 ROBERTA DARST 01/30/2004 HELM AUTOMOTIVE MANUAL 31.95 ROBERT J DOLLERSCHELL 01/29/2004 CHANNING BETE COMPANY 330.48 VIRGINIA ERICKSON 01/29/2004 OFFICE MAX 00002204 319.48 PAUL E EVERSON 01/30/2004 EMERGENCY MEDICAL PRODUCT 489.45 PAUL E EVERSON 01/28/2004 ADAMS PEST CONTROL 321.74 DAVID FISHER 01/28/2004 ADAMS PEST CONTROL 193.04 DAVID FISHER 01/28/2004 ADAMS PEST CONTROL 321.74 DAVID FISHER 01/30/2004 TNT'L CODE COUNCIL TNC -30.00 DAVID FISHER 01/26/2004 CHAMPS #4019 80.00 TIMOTHY FLOR 01/26/2004 STRETCHER'S POLICE EQP 15.01 TIMOTHY FLOR 01/26/2004 UNIFORMS UNLIMITED 90.00 TIMOTHY FLOR 01/30/2004 UNIFORMS UNLIMITED TNC 27.64 TIMOTHY FLOR 01/26/2004 OFFICE MAX 00002204 55.36 MYCHAL FOWLDS 01/28/2004 CIRCUIT CITY SS #3137 85.19 MYCHAL FOWLDS 01/30/2004 COMPUSA #197 47.91 MYCHAL FOWLDS 01/29/2004 STRETCHER'S POLICE EQP 161.61 JOHN FRASER 01/30/2004 TWIN CITY SAW 24.17 RONALD FREBERG 01/30/2004 PERKINS 10.00 RICHARD FURSMAN 01/26/2004 GLOBAL PRODUCTS CTR 60.70 MIKE GRAF 01/26/2004 TARGET 00011858 68.05 MIKE GRAF 01/26/2004 KMART 00071068 11.98 JANET M GREW HAYMAN 01/26/2004 BLUE RIBBON BAIT & TACKLE 18.43 JANET M GREW HAYMAN 01/27/2004 FACILITY SYSTEMS TNC 70.29 KAREN E GUILFOILE 01/28/2004 NAPA AUTO PARTS 133.27 MICHAEL HEMQUIST 01/26/2004 GAL GALLS TNC 8.41 STEVEN HIEBERT 7 Transaction Review ~ ~ ~' For Transactions posted between 01/26/2004 to 02/01/2004 Post Date Vendor Name Settlement Amt Cardholder Name 01/26/2004 UNIFORMS UNLIMITED INC 52.07 STEVEN HIEBERT 01/30/2004 GAL GALLS INC 58.48 STEVEN HIEBERT 01/26/2004 WATER GEAR INC. 162.70 RON HORWATH 01/28/2004 ESRI INC 1,226.00 STEVE HURLEY 01/29/2004 RAD10 SHACK 00161455 21.29 STEVE HURLEY 01/29/2004 RAINBOW FOODS 1-885 20.69 ANN E HUTCHINSON 01/29/2004 MENARDS MAPLEWOOD 11.42 DON JONES 01/26/2004 CONTINENTAL RESEARCH 150.39 MICHAEL KANE 01/27/2004 FITNESS WHOLESALE INC 40.15 MARY B KOEHNEN 01/28/2004 SUPREME AUD10 139.20 MARY B KOEHNEN 01/29/2004 CHIPOTLE MEXICAN #0263 5.78 DAVID KVAM 01/30/2004 CHIPOTLE MEXICAN #0263 6.55 DAVID KVAM 01/28/2004 METRO SALES INC 237.35 STEVE LUK1N 01/26/2004 SUPERAMERICA 4022 25.87 CORDON MALLORY 01/28/2004 KEEPRS 159.90 ALESIA M METRY 01/30/2004 S & T OFFICE PRODUCTS 115.02 AMY N1VEN 01/30/2004 S & T OFFICE PRODUCTS 4.00 AMY N1VEN 01/29/2004 TARGET 00011858 5.31 KURT PARSONS 01/30/2004 KOHL'S #0052 49.99 GARY K PIKE 01/27/2004 MEDTECH FORENSICS INC 67.00 PHILIP F POWELL 01/28/2004 MASUNE COMPANY 100.30 PHILIP F POWELL 01/29/2004 TECHONWEB.COM 72.49 PHILIP F POWELL 01/30/2004 METRO SALES INC 319.00 WILLIAM J PRIEFER 01/26/2004 SUNRAY BTB 123.03 STEVEN PRIEM 01/26/2004 KREMER SPRING AND ALIGNME 996.18 STEVEN PRIEM 01/27/2004 FACTORY MOTOR PARTS 308.56 STEVEN PRIEM 01/27/2004 CONTINENTAL RESEARCH 150.39 STEVEN PRIEM 01/28/2004 TOUSLEY FORD 127200039 60.49 STEVEN PRIEM 01/28/2004 SUNRAY BTB 23.15 STEVEN PRIEM 01/29/2004 AMERICAN FASTENER 9.67 STEVEN PRIEM 01/29/2004 CATCO PARTS AND SERVICE 140.82 STEVEN PRIEM 01/29/2004 KATH AUTO PARTS 25.86 STEVEN PRIEM 01/30/2004 FORCE AMERICA 588.70 STEVEN PRIEM 01/30/2004 TRUCK UTILITES 1N00 OF 00 206.61 STEVEN PRIEM 01/30/2004 TRl STATE BOBCAT 122.12 STEVEN PRIEM 01/28/2004 AMOCO 07847502 426.00 KEVIN RABBETT 01/30/2004 AT&T WIRELESS SERVICES 147.00 KEVIN RABBETT 01/26/2004 DALCO ENTERPRISES, INC 1,259.94 MICHAEL REILLY 01/26/2004 ZANY BRAINY #510 13.99 AUDRA ROBBINS 01/27/2004 S & T OFFICE PRODUCTS 249.28 DEB SCHMIDT 01/27/2004 S & T OFFICE PRODUCTS 52.01 DEB SCHMIDT 01/30/2004 S & T OFFICE PRODUCTS 9.71 DEB SCHMIDT 01/26/2004 PETSMART 00004614 23.93 RUSSELL L SCHMIDT 01/26/2004 DALCO ENTERPRISES, INC 125.09 GERALD SEEGER 01/28/2004 T-MOBILE 22.67 ANDREA S1NDT 01/30/2004 NEXTEL WIRELESS SVGS 371.55 ANDREA S1NDT 01/29/2004 SUZANNE'S CUISINE, INC 905.25 PAULINE STAPLES 01/28/2004 METRO SALES INC 1,920.00 JOANNE M SVENDSEN 01/30/2004 MENARDS MAPLEWOOD 13.64 RONALD SVENDSEN 01/26/2004 LAB SAFETY SUPPLY INC 173.18 RUSTIN SVENDSEN 01/27/2004 METRO FIRE 157.70 RUSTIN SVENDSEN 01/26/2004 HIRSHFIELD'S MAPLEWOOD 20.94 LYLE SWANSON 01/26/2004 HIRSHFIELD'S MAPLEWOOD 508.77 LYLE SWANSON 01/28/2004 DALCO ENTERPRISES, INC 352.25 LYLE SWANSON 01/28/2004 DALCO ENTERPRISES, INC 352.25 LYLE SWANSON 01/30/2004 DALCO ENTERPRISES, INC 132.17 LYLE SWANSON Transaction Review For Transactions posted between 01/26/2004 to 02/01/2004 Post Date Vendor Name 01/29/2004 SHRED 1T 01/26/2004 THE HOME DEPOT 2801 01/27/2004 OFFICE MAX 00002204 01/27/2004 SEARS ROEBUCK 1122 01/26/2004 P1ONEERPRESS SUBSCRIPTI 01/27/2004 GARLAND INDUSTRIES 1NC 01/28/2004 GARLAND INDUSTRIES 1NC Settlement Amt Cardholder Name 16.65 JUDY TETZLAFF 7.16 TODD TEVLIN 3.19 JOSEPH WATERS 8.50 JOSEPH WATERS 8.30 SUSAN ZW1EG -27.04 SUSAN ZW1EG 494.11 SUSAN ZW1EG 27,020.10 2 10 2004 9 Transaction Review For Transactions posted between 02/02/2004 to 02/08/2004 Post Date 02/02/2004 02/02/2004 02/02/2004 02/04/2004 02/02/2004 02/02/2004 02/04/2004 02/04/2004 02/05/2004 02/06/2004 02/06/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/05/2004 02/04/2004 02/06/2004 02/04/2004 02/04/2004 02/06/2004 02/03/2004 02/05/2004 02/04/2004 02/05/2004 02/06/2004 02/03/2004 02/05/2004 02/06/2004 02/06/2004 02/02/2004 02/03/2004 02/05/2004 02/05/2004 02/05/2004 02/05/2004 02/02/2004 02/02/2004 02/02/2004 02/03/2004 02/06/2004 02/02/2004 02/04/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/04/2004 02/06/2004 02/02/2004 02/02/2004 02/05/2004 02/06/2004 02/06/2004 02/02/2004 Vendor Name UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC DEX MEDIA EAST #2 NEXTEL WIRELESSSVCS CONTINENTAL RESEARCH SIMPLEXGRINNEL HENRIKSEN ACE HARDWARE METROPOLITAN MECHANICAL C WW GRAINGER 500 POOLSIDE EXCEL DRYER INC CHAMPS #4019 MENARDS 3022 FACTORY CARD OUTLET #284 KINKO'S #0617 OFFICE MAX 00002204 NEXTEL WIRELESSSVCS MINNESOTA EROSION CONTRO PAPA JOHN'S # 00418384 SENSIBLE LAND USE COAL D BRIANS DELI #3 QOS TARGET 00011858 BEST BUY 00000109 GLOBAL EQUIPMENT CO EZGOV MN LABOR IND COLLINS ELECTRICAL CONSTR GOLDCOM INC COMPUSA #197 COMPUTER RENAISSANCE BEST BUY 00000109 OXYGEN SERVICE CO INC SPRINTPCS AUTOPYMT RC1 STREAMLINE DESIGN STREAMLINE DESIGN STREAMLINE DESIGN METRO ATHLETIC SUPPLY HENRIKSEN ACE HARDWARE MIKES LP GAS INC METRO SALES INC S & T OFFICE PRODUCTS LILLIE SUBURBAN NEWSP MASUNE COMPANY LAW ENFORCEMENT TARGETS KMART 00071068 WALGREEN 00031229 RAINBOW 1-8852 MICHAELS #9401 MSU-CASHIERS OFFICE UNIFORMS UNLIMITED INC TARGET 00011858 VERIZON WRLESSRCRK2RE3 ADT SECURITY SERVICES ADVANCED GRAPHIX INC PANERA BREAD #3459 VIKING ELECTRIC ST PAUL LTG POWER EQUIPMENT 10 2004 Settlement Amt Cardholder Name 43.61 GLINT R ABEL 51.65 GLINT R ABEL 118.60 BRUCE K ANDERSON 80.84 BRUCE K ANDERSON 341.58 JIM BEHAN 548.48 JIM BEHAN 14.96 JIM BEHAN 833.84 JIM BEHAN 1,055.31 JIM BEHAN 96.28 JIM BEHAN 206.00 JIM BEHAN 69.99 JOSEPH A BERGERON 57.89 RON BOURQUIN 15.92 HEIDI CAREY 95.85 HEIDI CAREY 9.36 HEIDI CAREY 122.52 CHRISTOPHER CAVETT 315.00 CHRISTOPHER CAVETT 42.40 ROBERTA DARST 30.00 ROBERTA DARST 19.96 ROBERTA DARST 35.61 VIRGINIA ERICKSON 79.86 PAUL E EVERSON 814.04 DAVID FISHER 110.00 DAVID FISHER 229.01 DAVID FISHER 253.00 MYCHAL FOWLDS 69.21 MYCHAL FOWLDS 42.59 MYCHAL FOWLDS 42.58 MYCHAL FOWLDS 293.83 RONALD FREBERG 116.83 RICHARD FURSMAN 18.00 MIKE GRAF 436.00 MIKE GRAF 490.00 MIKE GRAF 95.23 MIKE GRAF 9.94 MARK HAAG 120.29 MARK HAAG 248.33 LORI HANSEN 73.10 LORI HANSON 1,048.34 LORI HANSON 136.35 RON HORWATH 49.22 FLINT KARTS 5.63 HEATHER KOS 15.84 HEATHER KOS 16.05 HEATHER KOS 19.20 HEATHER KOS 45.00 DAVID KVAM 34.43 DAVID KVAM 42.59 DAVID KVAM 39.48 SHERYL L LE 155.57 STEVE LUKIN 151.13 STEVE LUKIN 39.88 STEVE LUKIN 51.95 CORDON MALLORY 115.30 MARK MARUSKA 10 Transaction Review For Transactions posted between 02/02/2004 to 02/08/2004 Post Date 02/03/2004 02/02/2004 02/02/2004 02/03/2004 02/06/2004 02/06/2004 02/02/2004 02/02/2004 02/06/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/03/2004 02/03/2004 02/03/2004 02/04/2004 02/04/2004 02/04/2004 02/05/2004 02/05/2004 02/06/2004 02/06/2004 02/06/2004 02/02/2004 02/02/2004 02/02/2004 02/06/2004 02/06/2004 02/02/2004 02/02/2004 02/02/2004 02/06/2004 02/02/2004 02/02/2004 02/04/2004 02/03/2004 02/05/2004 02/02/2004 02/04/2004 02/05/2004 02/02/2004 02/02/2004 02/04/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/04/2004 02/03/2004 02/02/2004 02/02/2004 02/02/2004 Vendor Name COMMONWEALTH ELECTRIC MN KOHL'S #0052 KOHL'S #0055 S & T OFFICE PRODUCTS HENRIKSEN ACE HARDWARE MILLS FLEET FARM #27 MILLS FLEET FARM #27 UNIFORMS UNLIMITED 1NC VARDA COMPANY OXYGEN SERVICE CO 1NC KREMER SPRING AND ALIGNME FACTORY MOTOR PARTS KATH AUTO PARTS BAUER BULT TRE33200023 JOHN FRYE DISTRIBUTING KATH AUTO PARTS GOPHER BEARING COMPANY 1N SUNRAY BTB KATH AUTO PARTS BAUER BULT TRE33200023 KATH AUTO PARTS MERIT CHEVROLET SPRAY CONTROL SYSTEMS 1NC TRUCK UTILITES 1NC CONTINENTAL RESEARCH U OF M CCE ON LINE S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS HOSPITALITY MINNESOTA T-MOBILE UNIFORMS UNLIMITED 1NC UNIFORMS UNLIMITED 1NC MINNESOTA EROSION CONTRO SUZANNE'S CUISINE, 1NC METRO SALES 1NC FREDPRYOR/CAREERTRACK MENARDS 3059 CUB FOODS, INC. ASPEN MILLS 8005717343 CIRCUIT CITY SS #3137 PEN PENNWELL BOOKS SDP LITERATUREDISPLAYS NORTHERN DOOR COMPANY TWIN CITY HARDWARE UNIFORMS UNLIMITED 1NC UNIFORMS UNLIMITED 1NC T-MOBILE NAPA AUTO PARTS KOHL'S #0052 STRETCHER'S POLICE EQP U OF M CCE ON LINE NAPA AUTO PARTS VIKING OFFICE PRODUCTS 10 2004 Settlement Amt Cardholder Name 551.38 MARK MARUSKA 22.35 JON A MELANDER 22.35 JON A MELANDER 181.47 JEAN NELSON 9.30 KURT PARSONS 48.97 KURT PARSONS 64.90 GARY K PIKE 134.65 GARY K PIKE 90.00 PHILIP F POWELL 17.02 STEVEN PR1EM 814.88 STEVEN PR1EM 20.96 STEVEN PR1EM 43.93 STEVEN PR1EM 94.79 STEVEN PR1EM 92.59 STEVEN PR1EM 50.64 STEVEN PR1EM 38.82 STEVEN PR1EM 43.40 STEVEN PR1EM 50.58 STEVEN PR1EM 46.44 STEVEN PR1EM 5.73 STEVEN PR1EM 1,827.54 STEVEN PR1EM 68.12 STEVEN PR1EM 63.90 STEVEN PR1EM 681.57 MICHAEL REILLY 240.00 ERIN M SCHACHT 292.88 DEB SCHMIDT 287.50 DEB SCHMIDT 30.00 RUSSELL L SCHMIDT 45.10 SCOTT SCHULTZ 331.96 MICHAEL SHORTREED 176.00 MICHAEL P SHORTREED 45.00 ANDREA S1NDT 621.65 PAULINE STAPLES -248.33 JOANNE M SVENDSEN 44.62 JOANNE M SVENDSEN 125.35 RONALD SVENDSEN 50.48 RONALD SVENDSEN 295.60 RUSTIN SVENDSEN 102.22 RUSTIN SVENDSEN 141.40 RUSTIN SVENDSEN 273.22 LYLE SWANSON 135.45 LYLE SWANSON 404.35 LYLE SWANSON 25.03 THOMAS SZCZEPANSKl 210.83 THOMAS SZCZEPANSKl 101.06 DOUGLAS J TAUBMAN 9.14 TODD TEVLIN 123.30 PAUL THIENES 109.95 JOSEPH TRAN 240.00 CHARLES J VERMEERSCH 22.77 JOSEPH WATERS 27.86 SUSAN ZW1EG 19,064.12 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 2/13/2004 JUENEMANN, KATHLEEN 358.00 dd 2/13/2004 KOPPEN, MARVIN 358.00 dd 2/13/2004 COLEMAN, MELINDA 3,967.87 dd 2/13/2004 DARST, ROBERTA 1,499.68 dd 2/13/2004 FURSMAN, RICHARD 4,629.25 dd 2/13/2004 SWANSON, LYLE 1,702.57 dd 2/13/2004 EDSON, KAREN 62.50 dd 2/13/2004 LE, SHERYL 3,824.76 dd 2/13/2004 RAMEAUX, THERESE 2,197.61 dd 2/13/2004 FAUST, DANIEL 3,982.97 dd 2/13/2004 SCHMIDT, DEBORAH 1,348.44 dd 2/13/2004 ANDERSON, CAROLE 2,340.91 dd 2/13/2004 BAUMAN, GAYLE 6,575.86 dd 2/13/2004 JACKSON, MARY 1,766.84 dd 2/13/2004 KELSEY, CONNIE 2,180.66 dd 2/13/2004 TETZLAFF, JUDY 1,733.24 dd 2/13/2004 ERHARDT, DANIELLE 137.50 dd 2/13/2004 FRY, PATRICIA 1,651.64 dd 2/13/2004 GUILFOILE, KAREN 2,747.80 dd 2/13/2004 OSTER, ANDREA 1,713.07 dd 2/13/2004 CARLE, JEANETTE 1,649.14 dd 2/13/2004 FIGG, SHERRIE 1,179.11 dd 2/13/2004 JAGOE, CAROL 1,639.70 dd 2/13/2004 JOHNSON, BONNIE 1,304.74 dd 2/13/2004 OLSON, SANDRA 1,203.39 dd 2/13/2004 WEAVER, KRISTINE 1,761.48 dd 2/13/2004 BANICK, JOHN 3,297.65 dd 2/13/2004 CORCORAN, THERESA 1,721.20 dd 2/13/2004 POWELL, PHILIP 2,053.41 dd 2/13/2004 SPANGLER, EDNA 308.00 dd 2/13/2004 THOMALLA, DAVID 3,817.59 dd 2/13/2004 ABEL, GLINT 2,111.40 dd 2/13/2004 ALDRIDGE, MARK 2,286.20 dd 2/13/2004 ANDREWS, SCOTT 3,128.96 dd 2/13/2004 BAKKE, LONN 2,288.81 dd 2/13/2004 BELDE, STANLEY 2,519.43 dd 2/13/2004 BIERDEMAN, BRIAN 1,833.22 dd 2/13/2004 BOHL, JOHN 2,459.65 dd 2/13/2004 BUSACK, DANIEL 2,181.10 dd 2/13/2004 COFFEY, KEVIN 1,703.98 dd 2/13/2004 GROTTY, KERRY 2,380.58 dd 2/13/2004 DOBLAR, RICHARD 2,424.04 dd 2/13/2004 ERASER, JOHN 2,264.08 dd 2/13/2004 HEINZ, STEPHEN 2,481.66 dd 2/13/2004 HIEBERT, STEVEN 2,773.86 dd 2/13/2004 JOHNSON, KEVIN 3,460.26 dd 2/13/2004 KARIS, FLINT 2,786.41 dd 2/13/2004 KONG, TOMMY 2,330.93 dd 2/13/2004 KROLL, BRETT 1,911.42 dd 2/13/2004 KVAM, DAVID 2,917.78 dd 2/13/2004 CARSON, DANIEL 2,607.60 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 2/13/2004 LU, JOHNNIE 2,156.85 dd 2/13/2004 MARINO, JASON 1,984.14 dd 2/13/2004 MARTIN, JERROLD 2,002.32 dd 2/13/2004 MCCARTY, GLEN 1,767.81 dd 2/13/2004 METRY, ALESIA 1,776.68 dd 2/13/2004 PALMA, STEVEN 2,777.69 dd 2/13/2004 RABBETT, KEVIN 3,124.61 dd 2/13/2004 STEEPEN, SCOTT 3,409.86 dd 2/13/2004 SZCZEPANSKI, THOMAS 2,305.56 dd 2/13/2004 THIENES, PAUL 2,479.83 dd 2/13/2004 TRAN, JOSEPH 1,712.06 dd 2/13/2004 WENZEL, JAY 2,264.32 dd 2/13/2004 WINGATE, DAVID 1,552.39 dd 2/13/2004 XIONG, KAO 1,911.42 dd 2/13/2004 BARTZ, PAUL 2,590.16 dd 2/13/2004 BERGERON, JOSEPH 2,964.75 dd 2/13/2004 DUGAS, MICHAEL 1,945.04 dd 2/13/2004 DUNN, ALICE 3,027.57 dd 2/13/2004 ERICKSON, VIRGINIA 2,479.83 dd 2/13/2004 EVERSON, PAUL 2,492.55 dd 2/13/2004 FLOR, TIMOTHY 2,959.10 dd 2/13/2004 HALWEG, JODI 1,611.48 dd 2/13/2004 KATZMAN, BARBARA 1,704.37 dd 2/13/2004 L'ALLIER, DANIEL 1,177.50 dd 2/13/2004 LANGNER, SCOTT 1,660.10 dd 2/13/2004 OLSON, JULIE 2,212.31 dd 2/13/2004 PARSONS, KURT 1,963.48 dd 2/13/2004 PIKE, GARY 516.97 dd 2/13/2004 DAWSON, RICHARD 1,849.37 dd 2/13/2004 DUELLMAN, KIRK 1,842.82 dd 2/13/2004 JOHNSON, DOUGLAS 1,790.44 dd 2/13/2004 NOVAK, JEROME 1,796.99 dd 2/13/2004 PETERSON, ROBERT 1,922.14 dd 2/13/2004 SVENDSEN, RONALD 1,922.14 dd 2/13/2004 GERVAIS-JR, CLARENCE 2,501.66 dd 2/13/2004 BOYER, SCOTT 1,808.45 dd 2/13/2004 FEHR, JOSEPH 2,279.83 dd 2/13/2004 FLAUGHER, JAYME 1,833.26 dd 2/13/2004 JACKSON, LINDA 1,650.09 dd 2/13/2004 LAFFERTY, WALTER 1,874.60 dd 2/13/2004 LINN, BRYAN 1,762.00 dd 2/13/2004 PACOLT, MARSHA 2,142.40 dd 2/13/2004 RABINE, JANET 2,040.00 dd 2/13/2004 STAHNKE, JULIE 1,833.25 dd 2/13/2004 LUKIN, STEVEN 3,353.68 dd 2/13/2004 SVENDSEN, RUSTIN 2,678.00 dd 2/13/2004 ZWIEG, SUSAN 1,710.84 dd 2/13/2004 DOLLERSCHELL, ROBERT 266.30 dd 2/13/2004 AHL, R. CHARLES 4,188.70 dd 2/13/2004 NIVEN, AMY 1,369.39 dd 2/13/2004 PRIEFER, WILLIAM 2,462.94 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 2/13/2004 WEGWERTH, JUDITH 1,715.29 dd 2/13/2004 BRINK, TROY 1,876.48 dd 2/13/2004 DEBILZAN, THOMAS 2,233.16 dd 2/13/2004 EDGE, DOUGLAS 2,268.12 dd 2/13/2004 JONES, DONALD 2,208.52 dd 2/13/2004 KANE, MICHAEL 2,722.50 dd 2/13/2004 LUTZ, DAVID 2,272.57 dd 2/13/2004 MEYER, GERALD 2,346.62 dd 2/13/2004 NAGEL, BRYAN 2,484.20 dd 2/13/2004 OSWALD, ERICK 2,478.20 dd 2/13/2004 TEVLIN, TODD 2,288.05 dd 2/13/2004 CAVETT, CHRISTOPHER 3,056.22 dd 2/13/2004 DUCHARME, JOHN 2,230.84 dd 2/13/2004 ENGSTROM, ANDREW 1,453.24 dd 2/13/2004 JACOBSON, SCOTT 1,453.24 dd 2/13/2004 LINDBLOM, RANDAL 2,233.07 dd 2/13/2004 MURRA, AARON 252.63 dd 2/13/2004 PECK, DENNIS 2,336.01 dd 2/13/2004 PRIEBE, WILLIAM 2,279.29 dd 2/13/2004 SCHACHT, ERIN 2,166.04 dd 2/13/2004 VERMEERSCH, CHARLES 2,007.64 dd 2/13/2004 ANDERSON, BRUCE 3,939.03 dd 2/13/2004 CAREY, HEIDI 1,896.44 dd 2/13/2004 HALL, KATHLEEN 1,715.29 dd 2/13/2004 MARUSKA, MARK 2,513.20 dd 2/13/2004 NAUGHTON, JOHN 1,744.03 dd 2/13/2004 SCHINDELDECKER, JAMES 1,786.04 dd 2/13/2004 BIESANZ, OAKLEY 1,662.91 dd 2/13/2004 HAYMAN, JANET 1,410.32 dd 2/13/2004 HUTCHINSON, ANN 2,092.14 dd 2/13/2004 KOS, HEATHER 315.25 dd 2/13/2004 NELSON, JEAN 1,093.61 dd 2/13/2004 SEEGER, GERALD 569.67 dd 2/13/2004 GAYNOR, VIRGINIA 1,881.24 dd 2/13/2004 EKSTRAND, THOMAS 2,635.15 dd 2/13/2004 KROLL, LISA 1,161.08 dd 2/13/2004 LIVINGSTON, JOYCE 1,016.97 dd 2/13/2004 SINDT, ANDREA 1,482.04 dd 2/13/2004 THOMPSON, DEBRA 719.01 dd 2/13/2004 YOUNG, TAMELA 1,410.84 dd 2/13/2004 PINWALE, SHANN 2,293.38 dd 2/13/2004 ROBERTS, KENNETH 2,460.51 dd 2/13/2004 CARVER, NICHOLAS 2,415.47 dd 2/13/2004 FISHER, DAVID 2,878.23 dd 2/13/2004 RICE, MICHAEL 1,456.44 dd 2/13/2004 SWAN, DAVID 1,810.04 dd 2/13/2004 KONEWKO, DUWAYNE 2,321.24 dd 2/13/2004 ANZALDI, MANDY 934.50 dd 2/13/2004 BJORK, ALICIA 116.00 dd 2/13/2004 BJORK, BRANDON 367.50 dd 2/13/2004 DAVISON, LINCOLN 459.00 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 2/13/2004 FINN, GREGORY 1,917.13 dd 2/13/2004 GRAF, MICHAEL 1,728.26 dd 2/13/2004 HADDAD, JULIE 178.50 dd 2/13/2004 KELLY, LISA 1,396.01 dd 2/13/2004 MCBRIDE, PATRICK 40.00 dd 2/13/2004 NIEMAN, JAMES 224.00 dd 2/13/2004 NIEMCZYK, BRIAN 160.00 dd 2/13/2004 ROBBINS, AUDRA 1,783.14 dd 2/13/2004 SHERRILL, CAITLIN 429.75 dd 2/13/2004 TAUBMAN, DOUGLAS 5,065.27 dd 2/13/2004 BREHEIM, ROGER 1,794.49 dd 2/13/2004 NORDQUIST, RICHARD 1,852.87 dd 2/13/2004 SCHULTZ, SCOTT 1,961.14 dd 2/13/2004 CROSSON, LINDA 2,227.27 dd 2/13/2004 EASTMAN, THOMAS 2,345.93 dd 2/13/2004 FONTAINE, ANTHONY 825.58 dd 2/13/2004 LEIER, SARA 47.40 dd 2/13/2004 PELOQUIN, PENNYE 744.29 dd 2/13/2004 SCHMIDT, RUSSELL 1,778.19 dd 2/13/2004 STAPLES, PAULINE 2,720.85 dd 2/13/2004 ABRAHAMSON, DANIEL 35.00 dd 2/13/2004 ABRAHAMSON, REBECCA 161.21 dd 2/13/2004 BENDTSEN, LISA 151.20 dd 2/13/2004 BRENEMAN, NEIL 540.49 dd 2/13/2004 EDSON, JAMIE 172.13 dd 2/13/2004 ERICKSON, CAROL 60.75 dd 2/13/2004 GREDVIG, ANDERS 66.00 dd 2/13/2004 GUZIK, JENNIFER 35.96 dd 2/13/2004 HALEY, BROOKE 203.10 dd 2/13/2004 HORWATH, RONALD 1,783.14 dd 2/13/2004 IRISH, GRACE 178.50 dd 2/13/2004 JONES, LACEY 37.50 dd 2/13/2004 KOEHNEN, AMY 82.43 dd 2/13/2004 KOEHNEN, MARY 518.07 dd 2/13/2004 KRONHOLM, KATHRYN 659.64 dd 2/13/2004 LAWSON, JOSHUA 173.75 dd 2/13/2004 LINDSTROM, AMANDA 147.28 dd 2/13/2004 MARTINEZ, AMY 114.00 dd 2/13/2004 MARUSKA, ERICA 18.60 dd 2/13/2004 OVERBY, ANNA 74.60 dd 2/13/2004 SCHULTZ, PETER 30.83 dd 2/13/2004 SHAW, KRISTINA 75.48 dd 2/13/2004 SIMONSON, JUSTIN 654.40 dd 2/13/2004 TUPY, HEIDE 159.00 dd 2/13/2004 TUPY, MARCUS 413.91 dd 2/13/2004 GROPPOLI, LINDA 329.38 dd 2/13/2004 KURKOSKI, STEPHANIE 45.50 dd 2/13/2004 BEHAN, JAMES 1,727.48 dd 2/13/2004 CRAWFORD - JR, RAYMOND 341.79 dd 2/13/2004 LONETTI, JAMES 969.79 dd 2/13/2004 MILES, LAURA 279.30 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 2/13/2004 PATTERSON, ALBERT 1,203.88 dd 2/13/2004 PRINS, KELLY 936.85 dd 2/13/2004 REILLY, MICHAEL 1,614.80 dd 2/13/2004 STEINHORST, JEFFREY 86.80 dd 2/13/2004 AICHELE, CRAIG 1,803.48 dd 2/13/2004 PRIEM, STEVEN 2,118.93 dd 2/13/2004 BERGO, CHAD 2,071.54 dd 2/13/2004 FOWLDS, MYCHAL 1,762.54 dd 2/13/2004 HURLEY, STEPHEN 2,878.23 wf 96490 2/13/2004 CARDINAL, ROBERT 406.78 wf 96491 2/13/2004 MONAHAN-JUNEK, JACQUELINE 358.00 wf 96492 2/13/2004 ROSSBACH, WILLIAM 358.00 wf 96493 2/13/2004 INGVOLDSTAD, CURTIS 106.25 wf 96494 2/13/2004 KARSTENS, BRAD 50.00 wf 96495 2/13/2004 JAHN, DAVID 1,573.98 wf 96496 2/13/2004 MALDONADO, JUANA 644.47 wf 96497 2/13/2004 MORIN, TROY 221.00 wf 96498 2/13/2004 MATHEYS, ALANA 1,847.41 wf 96499 2/13/2004 GENNOW, PAMELA 208.00 wf 96500 2/13/2004 HANSEN, LORI 1,598.84 wf 96501 2/13/2004 SCHACHT, BARBARA 615.81 wf 96502 2/13/2004 PALANK, MARY 1,639.70 wf 96503 2/13/2004 RICHIE, CAROLE 1,701.81 wf 96504 2/13/2004 SVENDSEN, JOANNE 1,813.77 wf 96505 2/13/2004 SHORTREED, MICHAEL 2,847.39 wf 96506 2/13/2004 STEINER, JOSEPH 459.00 wf 96507 2/13/2004 WELCHLIN, CABOT 2,305.56 wf 96508 2/13/2004 FREBERG, RONALD 2,329.32 wf 96509 2/13/2004 EDSON, DAVID 2,341.33 wf 96510 2/13/2004 HELEY, ROLAND 822.31 wf 96511 2/13/2004 HINNENKAMP, GARY 2,455.72 wf 96512 2/13/2004 LINDORFF, DENNIS 1,790.50 wf 96513 2/13/2004 NOVAK, MICHAEL 2,061.46 wf 96514 2/13/2004 GERNES, CAROLE 218.75 wf 96515 2/13/2004 SOUTTER, CHRISTINE 199.13 wf 96516 2/13/2004 ADAMS, CAILIN 60.00 wf 96517 2/13/2004 ANDERSON, MIKE 22.50 wf 96518 2/13/2004 ANZALDI, KALI 426.00 wf 96519 2/13/2004 BROZAK, KATHERINE 22.50 wf 96520 2/13/2004 CHOINIERE, ROBERT 22.50 wf 96521 2/13/2004 DRESSEN, EMILY 32.00 wf 96522 2/13/2004 FRANK, SARAH 42.00 wf 96523 2/13/2004 FREYBERGER, RACHEL 191.25 wf 96524 2/13/2004 GEBHARD, MADELINE 153.00 wf 96525 2/13/2004 GOODRICH, CHAD 348.50 wf 96526 2/13/2004 GORE, MICHAEL 24.00 wf 96527 2/13/2004 GRAF, ASHLEY 24.00 wf 96528 2/13/2004 GREENER, DOUGLAS 45.00 wf 96529 2/13/2004 HARGROVE, CAYLA 66.50 wf 96530 2/13/2004 HAWKES, SCOTT 64.50 wf 96531 2/13/2004 HJELMGREN, NICOLE 21.00 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 96532 2/13/2004 HOEKSTRA, ANGELA 36.00 wf 96533 2/13/2004 HOLDER, RYAN 84.00 wf 96534 2/13/2004 HORNER, KIMBERLY 27.00 wf 96535 2/13/2004 LANDE, JOSEPH 52.50 wf 96536 2/13/2004 CARSON, RYAN 33.00 wf 96537 2/13/2004 LIUKONEN, SHAWN 45.00 wf 96538 2/13/2004 MARTINUCCI, KAITLIN 27.00 wf 96539 2/13/2004 MEHL, AMANDA 27.00 wf 96540 2/13/2004 MICK, KYLE 34.50 wf 96541 2/13/2004 O'GRADY, BENJAMIN 30.00 wf 96542 2/13/2004 OHLHAUSER, MEGHAN 231.00 wf 96543 2/13/2004 OLSON, KRISTIN 27.00 wf 96544 2/13/2004 OLSON, SCOTT 13.50 wf 96545 2/13/2004 RAJAN, RAJIU 53.25 wf 96546 2/13/2004 RASMUSSEN, KEVIN 44.00 wf 96547 2/13/2004 ROERING, JORDAN 84.00 wf 96548 2/13/2004 RYDEEN, SARAH 36.00 wf 96549 2/13/2004 RYDEL, RACHEL 63.50 wf 96550 2/13/2004 SHOBERG, KART 125.81 wf 96551 2/13/2004 SIKORA, JACOB 112.00 wf 96552 2/13/2004 SIKORA, PAUL 41.00 wf 96553 2/13/2004 STOREBY, SHAWN 320.00 wf 96554 2/13/2004 TARR-J R, GUS 84.25 wf 96555 2/13/2004 WERNER, KATIE 255.00 wf 96556 2/13/2004 WILLMS, DUSTIN 168.00 wf 96557 2/13/2004 WISTL, ZACHARY 210.00 wf 96558 2/13/2004 YORKOVICH, BRADLEY 60.00 wf 96559 2/13/2004 ZIELINSKI, JESSICA 13.00 wf 96560 2/13/2004 ZUSTIAK, CODY 40.50 wf 96561 2/13/2004 ZWICK, NICHOLAS 146.25 wf 96562 2/13/2004 GERMAIN, DAVID 1,794.93 wf 96563 2/13/2004 HAAG, MARK 1,729.01 wf 96564 2/13/2004 NADEAU, EDWARD 2,722.50 wf 96565 2/13/2004 BROWN, LAURIE 357.05 wf 96566 2/13/2004 DISKERUD, HEATHER 222.00 wf 96567 2/13/2004 GLASS, JEAN 1,638.76 wf 96568 2/13/2004 MOY, PAMELA 571.46 wf 96569 2/13/2004 TOLBERT, FRANCINE 249.00 wf 96570 2/13/2004 UNGER, MARGARET 530.14 wf 96571 2/13/2004 WEISMANN, JENNIFER 338.51 wf 96572 2/13/2004 ANDERSON, CALEB 246.60 wf 96573 2/13/2004 BOTHWELL, KRISTIN 294.86 wf 96574 2/13/2004 BRIN, LAUREN 108.88 wf 96575 2/13/2004 COSTA, JOSEPH 169.20 wf 96576 2/13/2004 DEMPSEY, BETH 109.60 wf 96577 2/13/2004 DIXON, REGINALD 234.00 wf 96578 2/13/2004 DUNN, RYAN 774.15 wf 96579 2/13/2004 ESTRADA, KIEL 132.00 wf 96580 2/13/2004 FENCER, JUSTIN 28.18 wf 96581 2/13/2004 FONTAINE, KIM 810.14 wf 96582 2/13/2004 GRANT, MELISSA 133.00 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 96583 2/13/2004 GRUENHAGEN, LINDA 419.08 wf 96584 2/13/2004 HOLMGREN, LEAH 103.13 wf 96585 2/13/2004 HOULE, DENISE 81.98 wf 96586 2/13/2004 JOHNSON, ROBERT 721.70 wf 96587 2/13/2004 JOYER, MARTI 96.95 wf 96588 2/13/2004 KROLL, MARK 132.00 wf 96589 2/13/2004 OLSON, MARGRET 40.80 wf 96590 2/13/2004 OTTESON, JANET 154.95 wf 96591 2/13/2004 PEHOSKI, JOEL 64.00 wf 96592 2/13/2004 PROESCH, ANDY 247.15 wf 96593 2/13/2004 RENSTROM, KEVIN 168.31 wf 96594 2/13/2004 SMITLEY, SHARON 286.90 wf 96595 2/13/2004 VANG, VICTORIA 52.80 wf 96596 2/13/2004 WARNER, CAROLYN 185.60 wf 96597 2/13/2004 WELTER, ELIZABETH 176.75 wf 96598 2/13/2004 WHITE, NICOLE 520.86 wf 96599 2/13/2004 WOODMAN, ALICE 140.95 wf 96600 2/13/2004 BOSLEY, CAROL 307.98 wf 96601 2/13/2004 HAGSTROM, EMILY 9.00 wf 96602 2/13/2004 HANSEN, ANNA 60.00 wf 96603 2/13/2004 KELLY, MICHAEL 210.00 wf 96604 2/13/2004 NORLIN, AMANDA 21.00 wf 96605 2/13/2004 ODDEN, JESSICA 76.38 wf 96606 2/13/2004 OIE, REBECCA 32.50 wf 96607 2/13/2004 QUINN, KELLY 51.00 wf 96608 2/13/2004 BATTLER, MELINDA 120.00 wf 96609 2/13/2004 VAN HALE, PAULA 42.00 wf 96610 2/13/2004 VERNER, JEAN 100.00 wf 96611 2/13/2004 COLLINS, ASHLEY 96.98 wf 96612 2/13/2004 DOUGLASS, TOM 1,289.75 wf 96613 2/13/2004 HER, CHONG 63.18 wf 96614 2/13/2004 LOGAN, HEATHER 6.60 wf 96615 2/13/2004 NAGEL, BROOKE 8.31 wf 96616 2/13/2004 O'GRADY, ZACHARY 119.70 wf 96617 2/13/2004 PETSCHEN, DANIEL 29.93 wf 96618 2/13/2004 QUIWONKPA, THOMAS 39.90 wf 96619 2/13/2004 RHODE, ERIC 390.12 wf 96620 2/13/2004 RICHTER, MICHAEL 71.44 wf 96621 2/13/2004 SCHULZE, BRIAN 605.70 wf 96622 2/13/2004 VERDELL, TRAQUEZ 51.54 wf 96623 2/13/2004 VOSS, NICOLE 161.26 wf 96624 2/13/2004 WHITE, STEVEN 198.44 wf 96625 2/13/2004 WILLIAMS, NICK 63.50 wf 96626 2/13/2004 ZIEMER, NICOLE 66.60 wf 96627 2/13/2004 MULVANEY, DENNIS 1,967.73 425, 943.84 18 AGENDA NO. G-2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Transfer to Fund for Gladstone West Improvement Project 00-05 DATE: February 17, 2004 The Gladstone West Improvement Project has been completed. Additional bond sale proceeds need to be allocated to this project based upon the final financing plan approved by the City Council last year. There are surplus bond sale proceeds available in the fund for Project 00-03 (Gladstone South Improvements) because the costs for this project were less than anticipated when the bonds were sold. It is recommended that the City Council approve a transfer of $13,735.85 from the fund for project 00-03 to the fund for Project 00-05 effective 12-31-03 and authorize the appropriate budget changes. P\agn\TRANSFER TO PROJECT 00-05.doc Agenda #G3 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit Review Highwood Farms Town Houses 2666 Highwood Avenue February 6, 2004 INTRODUCTION The conditional use permit (CUP) for the Highwood Farrns Town Houses planned unit development (PUD) is due for review. This CUP is for a PUD for an 18-unit town house development. Refer to the maps on pages 3-6 and the city council minutes starting on page 7. BACKGROUND On February 10, 2003, the city council approved the following for the Highwood Farms Town Houses PUD: 1. Aland use plan change from R-1 (single dwellings) to R-3L (low density multiple dwellings). 2. A conditional use permit (CUP) for a planned unit development (PUD) for an 18-unit housing development. (Please see the site plan on page five.) 3. The preliminary plat to create the lots in the development. (See the city council minutes starting on page seven.) DISCUSSION The developer has not yet received design or frnal plat approval from the city for this development. Charles Cox, the applicant and the owner of site, recently told me that it is his intention to complete the city requirements and to build the development later this year. (Please see his letter on page two.) Since neither the owner nor the developer has started this project, the city council should review this permit again in one year. RECOMMENDATION Review the conditional use permit for the planned unit development (PUD} for the Highwood Farms Town Houses on Highwood Avenue again in one year or sooner if the owner proposes a major change to the site. psec13-28Mighwood Farms TH.CUPrev 2004.doc Attachments: 1. February 3, 2004 letter from Charles Cox 2. Location Map 3. Properly Line2oning Map 4. Site Plan 5. Proposed Grading Plan 6. Council minutes dated February 10, 2003 Attachment 1 February 3, 2004 Ken Roberts City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Highwood Farms Dear Ken: ~, ~.: RECEI~l~EO I am sending this letter as a request for an extension on the current approval for the Highwood Farms property development. We ran into a few obstacles; however construction will begin in 2004. Thank you in advance for your time and efforts. Sincerely, ~~?~f~~ ~. Charles E. Cox Jr. 2 Attachment 2 ~"'~ ' ` 2 DEFR RIDGE tr . ~ DGE DR. W' ~ 16 ~ O HIILWODD a $' ~ gg O 2. OR. 0 JDGf ~ ~ 1. HUNTINGTON CT. Z Sp ~ ~' 6~,,r Cr ~ 25 2. OAKRIDGE LN. ~ ~ ~Nr+SJpf ~ ~~' ~ o v 7 ~ 0 ~ __ ~ LINWOOD R ~c,~ ~ AVE. ~PHL AVE. UNW C , pY~~' 'in U g~ ~o ~~ ~ PROpoM ~~ ~ ~' ~, s ER TIMBER TR. ~ ~ ~ TIMBER W}N1.E NR. 0 71M 4~i ~ z CT ER DR. dye PHYU CT. ¢ Ate' ~ ~ ~W' v R. ~ 1 NEW CENT(IRY 1. CURRIE CT. YN~' V VIEW AVE. 2 NEW CENTURY 7~ER 2. VALLEY VIEW CT. 3 NEW CENNRI' W 3. LAKEWOOD CT. r. 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Monday, February 10, 2003 Council Chambers, Municipal Building Meeting No. 03-03 S- `~_d 7:10 (7:27) p.m. Highwood Farms Town Houses (Highwood Avenue) Land Use Plan Change (R-1 to R-3 (L)) Conditional Use Permit (CUP) for a Planned Unit Development (PUD) Preliminary Plat a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Fisher presented the Planning Commission Report. d. Charles Cox, applicant, was present to answer questions. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: John Maslowski, 1004 Dennis Street South, Maplewood Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a land use plan change for the Hi~hwood Farm plat on the south side of Highwood Avenue, east of Dennis Street This change is form R-1 (single dwellings) to R-3 (L)(low-density multiple dwellings): RESOLUTION 03-02-016 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mr. Charles Cox is proposing a change to the city's land use plan from R-1 (single dwellings) to R-3(I.) (low density multiple dwellings). WHEREAS, this change applies to the property now known has 2666 Highwood Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this change is as follows: 1. On January 22, 2003, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council not approve the plan amendment. 2. On February 10, 2003, the city council discussed the proposed land use plan change. They City Council ~2-10-03 considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for the following reasons: It would be consistent with the goals and objectives of the comprehensive plan. These include having similar uses fronting on the same street, having a grading plan that preserves many significant natural features and uses a planned unit development to allow for creative design solutions. 2. This site is proper for and consistent with the city's policies for low-density multiple dwelling use. This includes: a. Creating a transitional land use between the existing low density residential and the existing telecommunications site. b. It is on a collector street and is near an arterial street. c. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 3. It would be consistent with the proposed planned unit development (PUD) and land uses. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Hi~hwood Farm development on the south side of Hiahwood Avenue, east of Dennis Street. RESOLUTION 03-02-017 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Charles Cox, representing the project developers, applied for a conditional use permit (CUP) for the Highwood Farm residential planned unit development (PUD). WHEREAS, this permit applies to the Highwood Farm town house development plan the city received on December 26, 2002 for the property at 2666 Highwood Avenue. The legal description is: Subject to State TH 100/117 and HWY 393, the north 1100 feet of the West 173 feet of the East 198 feet of the West'/s of the NE'/4 of the SE I/a of Section 13, Township 28, Range 22, Ramsey County, Minnesota. (This is the property to be known as Lots 1-19 of the proposed Highwood Farm) WHEREAS, the history of this conditional use permit is as follows: On January 22, 2003, the planning commission recommended that the city council approve this permit. City Councj~ 02-10-03 2. On February 10, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on City Counci102-10-03 9 one side of the main drive, then it must be at least 28 feet wide. However, widening of the driveway must not lessen the side setback of the driveway from the east property line. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Revise the plans to reduce the number of spaces between the buildings from three to two to allow more space between the parking area and the edge of the building. Also, revise the parking spaces and the turn-around area at the south end of the site to maximize the number of trees to be saved, to maximize the number of spaces and to minimize the amount of hard surface area. (4) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (5) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the large trees in the undisturbed area south of the town houses and parking areas. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated January 14, 2003. a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, retaining walls, driveway and parking lot plans. b. Show no grading or ground disturbance in the conservation easement. This land is to be preserved for open space purposes. The developer and contractors shall protect this area, including the large trees that are in and near the south side of the site, from encroachment from equipment, grading or filling. c. Include a storm water management plan for the proposal. 4. The design of all ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. City Counci102-10-03 10 c. Remove any debris or junk from the site, including the conservation area. d. Provide the city with verification that the town houses on the proposed site plan will meet the state's noise standards. This shall be with a study, testing or other documentation. If the noise on this site is a factor, then the contractor will have to build the town houses such that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Highwood Farm PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 30 feet, maximum - 35 feet b. Rear-yard setback: 30 feet from any adjacent residential property line c. Side-yard setback (town houses): minimum - 47 feet from the west property line and 50 feet from the east property line. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. Submit the homeowners association documents to city staff for review and approval. 9. The developer shall provide a permanent means to preserve and maintain the common open space. This may be done by conservation easement, deed restrictions, covenants or public dedication. The developer shall record this document with the final plat and before the city issues a permit for grading or utility construction 10. The city council shall review this permit in one year. 11. This approval does not include the design approval for the townhomes. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and City Counci102-10-03 11 shall be posted for No Parking on one side. c. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 12. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots in the preliminary plat before the city will issue a building permit. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to improve a preliminary plat to create the lots for the town houses The developer shall complete the following before the city council approves the final Plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations -primarily at the street intersection and near the south end of the driveway. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements, including any off-site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and shall include the restoration and sodding of the boulevards. i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is a private driveway. Install survey monuments and signs along the edges of the conservation easement area. These signs shall explain that the area beyond the signs is a conservation easement area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs City Cou 1 ~ 02-10-03 before the city issues building permits in this plat. 2. Have the city engineer approve final construction and engineering plans. The applicant shall have these plans revised to follow the comments of the city engineer and shall include the grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) As little grading as possible west and south of the town houses. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street, driveway and utility plans shall show: (1) The driveway shall be a nine-ton design with a maximum grade of eight percent and the maximum grade within 75 feet of the intersection at two percent. City Counci102-10-03 13 (2) The street (driveway) with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary for drainage purposes. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. d. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e.* The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (21/z) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, conservation easement, or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. City Counci102-10-03 14 (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the west side of the site to screen the proposed buildings from the homes to the west (7) Show the planting of at least 37 trees after the site grading is done. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the common areas as an outlot or as outlots. d. If allowed, show the conservation easement on the final plat. e. Show the building pads and the common area as a Common Interest Community (CIC). 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowners association documents. City Coun15 02-10-03 b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites. c. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Highwood Avenue. d. The conservation easement for the undisturbed area of the site. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9* Submit the homeowners association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, outlots, private utilities, driveways, retaining walls and structures. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 12. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Collins Ayes-All City ~qunci102-10-03 AGENDA ITEM G-4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Resolution for Adoption of 2004 Public Works Permit Fees DATE: February 17, 2004 Introduction/Summary The public works department has proposed revisions to the permit fees collected by that department. The city council will consider approving the attached resolution for adoption of the 2004 public works permit fees. Background Late in 2003, the engineering department began seriously evaluating the fees that were being collected by Public Works for such things as: grading, sewer services, private sanitary and storm sewer mains and driveways. For years these fees had not been revised to account for inflation. Some fees have been raised by an inflationary factor using the Federal Reserve Bank of Minnesota Inflation Calculator. Others have been determined by estimating the amount of time involved with a given permit. Below are summaries and a table of the permit fees and the proposed revisions: Sewer Service Connection: The current sewer service connection fees were set at least five years ago following a review of those fees at that time. Staff has proposed to raise these fees by a calculated inflation factor of 1.1 for the years 1999 to 2003. The exception is sewer repair fee, which was raised 50%, from $20 to $30. Private Sanitary or Storm Sewer Main: This is the only permit that had any significant restructuring and fee adjustments. The past permit fees for private storm and sanitary sewer main construction seemed to have no relation to the amount of staff time involved with such a permit. With the large increase in the amount of private storm and sanitary sewer main construction taking place, a significant amount of staff time (mostly the utility division) has been obligated to deal with them. Staff evaluated the work involved with each type of permit to justify the fee or to justify fee increases. The fees were set at a rate conservatively lower than what was felt could be justified. The permit has a large number of fee schedules, but any given permit application is usually only comprised of a few of these. Staff reviewed what the impacts might have been to some of the permits reviewed in 2003 had these new fee schedules been applied. Most applications fees would have increased 20%-80% depending on the degree of work involved. Driveway Permit: This fee has been at its current $10 rate for many years. Staff has proposed to raise it by 50% from $10 to $15. Grading Permit Fees: These fees were set based on a fee schedule in the 1997 Uniform Building Code (UBC). The fees have never been adjusted. Staff has proposed to raise the 1997 UBC fees by a calculated inflation factor of 1.174 for the years 1997 to 2003. Discussion Attached is a table of current and proposed Public Works permit fees as they apply. It is recommended that these fees take effect for any applications received after February 23, 2004. In addition, it is recommended that these fees be reviewed annually with a recommendation brought before the city council for consideration. Recommendation It is recommended that the city council approve the attached Resolution for Adoption of the 2004 Public Works Permit Fees. CMC Attachments: Resolution Public Works Permit Fee Schedule RESOLUTION ADOPTION OF THE 2004 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction and grading, and WHEREAS, city staff have reviewed the permit fees and prepared a schedule of fees titled 2004 Public Works Permit Fees, dated February 17, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. The updated public works fees are approved for all related permit applications received after February 23, 2004. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. - - ,x ~,. __ t fi~-X } 5~. c . ` o „~{ }- S L h., a ___ _. ~ a~~x. AGENDA ITEM G-5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Bill Priefer, Public Works Administrative Assistant Charles Ahl, Director of Public Works/City Engineer SUBJECT: Amended Utility Billing Agreement between the City of Maplewood and the City of Woodbury DATE: February 17, 2004 Introduction The City of Woodbury has requested an amendment to the utility billing agreement between the City of Maplewood and the City of Woodbury dated June 23, 1997. The City of Woodbury has requested that the amended agreement contain language that specifically addresses the new environmental utility charge for storm water management. They have also requested an increase in the rate charged for the billing and collection of each utility bill sent to Maplewood properties. Background In 1997, the City of Maplewood stopped billing for utilities after negotiating billing agreements with the agencies that provide water service to Maplewood properties. The agreements with St. Paul Regional Water Services and the cities of North St. Paul, Woodbury, Roseville and Little Canada resulted in a more equitable billing of sanitary sewer charges to our citizens based on actual water volume usage rather than a flat rate basis. The language of the 1997 agreement with the City of Woodbury also included the billing of any miscellaneous charges, but it did not specifically address the type of miscellaneous utility charge or the amount to be charged. The amended agreement, however, specifically states that the City of Woodbury will perform the billing, collection and customer service function for recycling and storm sewer charges for properties where Woodbury supplies water service. The 2004 rates charged for recycling and storm sewer are also specified within the amended agreement. The amended agreement also increases Woodbury's charge for the billing and collection function for each account from $2.00 to $4.00 per billing. Since the City of Woodbury only bills nine commercial properties on a monthly basis and fifteen residential properties on a quarterly basis, the increase of $336 per year is minimal. Recommendation It is recommended that the City Council approve the attached agreement with the City of Woodbury. WJP Jw Attachment AGREEMENT BETWEEN CTTY OF MAl'L,EWOOD AND CITY OF WOODBU12Ir TH~SS AGREEMENT, made and entered into as of the -day of 200 , by and between the City of Maplewood, a municipal corporation of the State of Minnesota, hereinafter referred to as MAPLEWOOD, and the City of Woodbury, a municipal corporation of tine State of 1~Zir,nesota, hereinafter referred to as WOODBURY. Sanitary Sewer Billing Maplewood atrrees to have Woodbury perform the billing, collection, and customer service functions for residential and commercial sanitary sewer services to those properties where Vtiroodbury supplies water service. The designation of each account as either residential or commercial will be determined by Maplewood and provided to Woodbury. Woodbury will bi11 Mapletivood residential and commercial saziitary sewer customers based on water consumed on a volume basis. All residential and coirunercial aecoluits wi11 be billed on the same cycle as established by Woodbury for water billing purposes. A trrininium sewer charge will be billed to any account when there is no water consumption and when no notice to shut off or discontinue water service has been received by Woodbury. Sanitary Sewer Rates The residential and Nonresidential rates for sanitary sewer service for 200, .shall be .$2.62 per 1,000 gallons_ T1,ere gha11 bP a minimur!~ charge of $3.66 monthly for each sewer service connection billed on a monthly basis, and a minimum charge of $10.99 quarterly for each sewer service connection. These rates will be revised from time to time by the Maplewood Cif Council. Flow Calculations The sanitary sewer service charges for one-and two-fanny dwellings for the billing year shall be deterr~ained by the amount of water consumed during the winter quarter. The winter quarter is the rust three months prior to the first billing of the year. If the actual i7leter readings are not available for the printer quarter, then an estimate shall be made based on the size of the dwelling, number of occupants, comparison wit~n other dwellings, or any ot:~ier equitable and reasonable method as deters-maned by VJoodbul-5~. The sewer ser~~ce charges far on-and two-family dwellings for the billing year shall be determined by tl~e amount of wafer consumed, regardless of the size of the water meter, and the amount billed shall never be greater than tree amounto~f water consumed during the quarter consisting of the first three months prior to the first billing of the vear, except for those dwellings assessed, minimum charges. The sanitary sewer service charge for all nonresidential properties shall be based on the amount of water consumed for each billing period, Recycling and Starzx~ Sewer Charges 1lffzctive January 1, 2004, Maplewood agrees to have Woodbury perform the billing, collection and customer service functions for recycling and storm sewer charges for properties where Woodbury supplies water service. Recycling Rates The 2004 rate for recycling is $5.40 per quarter for residential properties. This fee applies to residential properties only, This rate will be revised from time to time by the Maplewood City Council, Storm Se~~ver Rates The storm sewer rates are: $5.25 per quarter for single family residential properties (one and two family dwellings} mn ~ n r~ rv m.,~,rh fpr rnj}i~i~le family dwellings. ,~ ~ ~ ,~7 p er ac. ~, ~„r ~ .,_.~~. $17.23 per acre, per month for commercial properties. ,p 1 ~.4=+ per aCr ~, per tazoiiui lOr u~li~ iiL u uy. $13.44 per acre, per month for institutional properties. These rates will be reti~ised from time to time by the Maplewood City Council. BiIling Charge Woodbury will charge Maplewood $4.fl0 per quarter, for each account far the billing and collection function, Woodbury will send to Maplewood, quarterly; the collected sanitary sewer, recycling and storm sewer charbes, less the $4.60 billing iee for each account. The billing and collection sei~~ice provided by Woodbury for Maplewood i11ay be terminated by either party, provided that six n~ontl~s written notice is provided to the other part'. IN VvTITI~~SS WHEREOF, the parties have caused this agreement to '~e executed as of the day and year first above written. CITY OF MAPLEWOOD CITY OF WOODBURY ~. By By , ,n Its Maynr s ayo'~ By Its City Manager ~ ~. By ~' ~~ << Its '~ y A ~ ~nistrator AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject Purchase of Police Vehicles Date: February 13, 2004 Introduction AGENDA #G6 Money was carried over from the 2003 budget to purchase two police vehicles, and we are requesting authorization to order them at this time. Background The Police Department is requesting permission to purchase two new vehicles. They are: 1 - 2004 Chevrolet Impala for the Investigative Division. The vehicle will cost $14,751 plus tax, license and delivery fees and will be purchased under State Contract #432235. 1 - 2004 Ford Crown Victoria squad car. The vehicle will cost $20,174 plus tax, license and delivery fees and will be purchased under State Contract #432096. Due to excessive mileage on existing department vehicles and one vehicle being cut from the 2004 budget, we are making this request at this time. The money to pay for these vehicles was carried over from the department's 2003 budget. Recommendation It is recommended that authorization be given to purchase the two vehicles described above. Action Required Submit to the City Council for review and approval. DJT:js AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Purchase of Tasers Date: February 13, 2004 Introduction AGENDA #G7 The Police Department is requesting permission to purchase 32 Tasers. Background The Maplewood Police Department currently has eight Tasers, which are electronic incapacitation devices which can be applied to the body through contact or used to send adart-like projectile. It should be noted that Tasers have been used by the department on many occasions as an alternative use of force and have proven to be a valuable tool in controlling violent suspects, thus resulting in fewer injuries to suspects and officers. Our goal is to purchase 32 more Tasers so each patrol officer may be permanently assigned this piece of equipment. Due to the fact that the department currently owns only eight, not all officers have access to a Taser during their shift. Tasers are only available from one vendor, Taser International. The price per Taser is $800, for a total purchase price of $25,600. Money to purchase these Tasers was carried over from the Police Department's 2003 budget. Recommendation It is recommended that authorization be given to purchase 32 Tasers, thus allowing us to supply each patrol officer their own personal Taser. Action Required Submit to the City Council for review and approval. DJT:js Agenda No. G8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 18, 2004 RE: Lawful Gambling License -Church of St. Jerome Tntrndnctinn The Church of St. Jerome currently operates lawful gambling at Dean's Tavern located at 1986 Rice Street. They are requesting approval of an annual premise permit by approval of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Church of St. Jerome, to operate at Dean's Tavern located at 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for the Church of St. Jerome to operate at Dean's Tavern. Agenda #H1 REPORT SUMMARY Applicant: City of Maplewood Location: Hillcrest Neighborhood Existing Zoning: Business Commercial (BC), Single-Dwelling Residential (R-1) Existing Land Use: Business Commercial (BC), Single-Dwelling Residential (R-1), and Church (C) Proposed Zoning and Land Use: Mixed-Use (M-U) City Council Hearing Date: February 23, 2004 Project Description: The City of Maplewood is proposing to change the comprehensive land use and zoning map for the Hillcrest area. These changes would be from business commercial (BC), single-dwelling residential (R-1), and church (C) to the newly adopted mixed-use (M-U) land use designation and zoning district. The comprehensive land use and zoning map changes are intended to promote the redevelopment of the Hillcrest area into amixed-use urban center with compact, pedestrian-oriented commercial and residential land uses. Request: City staff is requesting that the city council approve the following land use requests: 1. Second reading of the mixed-use zoning district. This new zoning district will allow for the mixture of low-impact commercial developments along with higher density residential developments. 2. Comprehensive land use map change for the Hillcrest area. This change would be from business commercial (BC), single-dwelling residential (R- 1), and church (C) to the newly adopted mixed-use (M-U) land use designation. State law requires comprehensive land use map changes to be passed by atwo-thirds city council vote (4 votes). 3. Zoning map change for the Hillcrest area. This change would be from business commercial (BC) and single-dwelling residential (R-1) to the newly adopted mixed-use (M-U) zoning district. Recommendations: The planning commission unanimously recommended approval of the comprehensive land use and zoning map changes for the Hillcrest area at their February 2, 2004, planning commission meeting. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Mixed-Use Comprehensive Land Use and Zoning Map Changes APPLICANT: City of Maplewood LOCATION: Hillcrest Area DATE: February 13, 2004 INTRODUCTION Project Description The City of Maplewood is proposing to change the comprehensive land use and zoning map for the Hillcrest area. These changes would be from business commercial (BC), single-dwelling residential (R-1), and church (C) to the newly adopted mixed-use (M-U) land use designation and zoning district. The comprehensive land use and zoning map changes are intended to promote the redevelopment of the Hillcrest area into amixed-use urban center with compact, pedestrian- oriented commercial and residential land uses. Refer to the existing and proposed land use and zoning maps attached on pages 7 through 9. Request City staff is requesting that the city council approve the following land use requests: 1. Second reading of the mixed-use zoning district. This new zoning district will allow for the mixture of low-impact commercial developments along with higher density residential developments. 2. Comprehensive land use change for the Hillcrest area. This change would be from business commercial (BC), single-dwelling residential (R-1 ), and church (C) to the newly adopted mixed-use (M-U) land use designation. State law requires comprehensive land use map changes to be passed by atwo-thirds city council vote (4 votes). 3. Zoning map change for the Hillcrest area. This change would be from business commercial (BC) and single-dwelling residential (R-1) to the newly adopted mixed-use (M-U) zoning district. DISCUSSION Background 2003: City staff, planning commission, and the community design review board drafted the mixed-use zoning district. This new zoning district is based on the Metropolitan Council's smart- growth concepts and will allow for a mixture of land uses, made mutually compatible through land use controls and high-quality design standards. On January 26, 2004, the city council approved the first reading of the mixed-use (M-U) zoning district and comprehensive land use changes. On February 2, 2004, the planning commission recommended approval of the comprehensive land use plan and zoning map changes for the Hiltcrest area (refer to the 2/2/04 planning commission minutes attached). Mixed-Use Zoning District The attached resolution on pages 10 through 23 consists of proposed changes and additions to the city code with the implementation of the mixed-use zoning district. The city council should approve the final reading of these changes prior to making a motion on the comprehensive land use and zoning map changes for the Hiltcrest area as described below. Comprehensive Land Use Map Change The purpose of the Maplewood Comprehensive Plan is to help the public and private sector in planning for future physical, social and economic development within the city, while considering surrounding cities and the region. The city's implementation of the mixed-use land use designation in the Hiltcrest area is consistent with regional policies and will help manage projected population growth in the metropolitan area by fostering more residential and employment opportunities. Refer to the Hiltcrest Area Proposed Mixed-Use map on page 9 for the exact location of the comprehensive land use change. Zoning Map Change One purpose of the Maplewood Zoning Code is to promote the health, safety, and general welfare of the inhabitants of the city by encouraging the most appropriate use of land. The Metropolitan Council and the cities of Maplewood and St. Paul created the Hiltcrest Village Redevelopment Plan in order to implement smart-growth principles within the Hiltcrest area. The goal of the plan was to help guide changes within the area in order to create a village center with an active street life that mixes shops, workplaces, housing, recreation and civic uses. The city's implementation of the mixed-use zoning district will encourage the most appropriate use of the land based on smart-growth principles. Refer to the Hiltcrest Area Proposed Mixed-Use map on page 9 for the exact location of the zoning map change. RECOMMENDATIONS Approve the second reading of the resolution on pages 10 through 23. This resolution creates a new zoning district within the City of Maplewood that will allow for the mixture of low-impact commercial developments along with higher density residential developments. 2. Adopt the comprehensive map change resolution on pages 24 and 25. This resolution changes the land use designations in the Hiltcrest area from business commercial (BC), single-dwelling residential (R-1 ), and church (C) to mixed-use (M-U). The comprehensive map change includes the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; all properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road. Hiltcrest Rezoning/Comp Plan Change 2 February 13, 2004 The comprehensive map change is based on eight specific comprehensive plan land use and housing goals and four land use policies as follows: Goals: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. Polices: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. c. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. 3. Adopt the zoning map change resolution on pages 26 and 27. This resolution changes the zoning map for the Hillcrest area in the City of Maplewood from business commercial (BC) and single-dwelling residential (R-1) to mixed-use (M-U). The zoning map change includes the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; atl properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road. The city is making this change because: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. 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. c. The proposed change wilF segue the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. Hillcrest Rezoning/Comp Plan Change 3 February 13, 2004 CITIZEN COMMENTS On November 17, 2003, city staff submitted the mixed-use zoning district to all affected property owners within the Hillcrest area. Of the 47 mailings sent, staff has received six responses back as follows: Dr. Steven Hallstrom, Minnhealth Family Physicians, PA, 1814 No. St. Paul Road, Maplewood, MN 55109: The Hillcrest area is very much in need of a major redevelopment. The area looks very run down and poorly kept up. We struggle with our business neighbor, Performance Transmission, in the failure to meet Maplewood city ordinances in terms of storage of materials outside the physical building. We need a fresh redevelopment in order to attract businesses and residential properties. 2. Raleigh P. Nelson, 1 Hill Farm Ct., North Oaks, MN 55129: My business associates and myself have a very poor opinion of the City of Maplewood. In the year 2000, we closed our Burger King Restaurant at 1706 White Bear Avenue. We sold the property to Walgreen's and received an earnest money contract. Walgreen's representative and our attorneys and the architect made many changes on the building and property design to comply with the City of Maplewood's requests. After three council meetings we were defeated. This cost us considerable money and Walgreen's over $30,000. Now since plan changes have been made, there is a new Walgreen's on the corner of White Bear Avenue and Larpenteur. This increases the tax base for St. Paul (it is in St. Paul) and reduces the tax base for Maplewood. 1 do not believe that the City of Maplewood is business oriented. 3. Sue Q. Allhiser, 1799 White Bear Avenue N., Maplewood, MN 55109: The proposed rezoning map shows the area up to Hejny Rental. The map we looked at in the meeting did not show the homes on White Bear being affected, only a few at the comer of White Bear and Larpenteur. A lot of good can come from the redevelopment however. Being respectful of the neighborhood, its homes, and type of people here is crucial. For example, no one living in this area now is going to buy a $300,000 condo. 4. Craig Nelson, 1783 White Bear Avenue N., Maplewood, MN 55109: During a telephone conversation with Mr. Nelson, he expressed concern over possible tax increases with a zoning change to his property. He inquired about whose responsibility it would be to remove snow from future sidewalks. He also indicated that he thought the existing angle of North St. Paul Road acts as atraffic-slowing feature and questioned plans for realignment. 5. John Mirsch, 1769 White Bear Avenue N., Maplewood, MN 55109: During a telephone conversation with Mr. Mirsch, he questioned whether the City of Maplewood was looking to purchase his property. 6. Samuel S. VanTassel, Senior Real Estate Representative, Marathon Ashland Petroleum (representing Super America): Marathon Ashland is opposed to any new regulation that would make the Super America station/store anon-conforming use. Hillcrest Rezoning/Comp Plan Change 4 February 13, 2004 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 41 Acres Existing Land Use: Commercial and Single-Family Houses SURROUNDING LAND USES North: Ramsey County Campus (Zoned F) South: Larpenteur Avenue and the Hillcrest Shopping Center in the City of St. Paul East: Single-Family Houses on Hazel Street and Larpenteur Avenue (Zoned R-1) West: Single-Family Houses on Flandrau Street (Zoned R-1) PLANNING Existing Zoning: Business Commercial and Single-Dwelling Residential Existing Land Use: Business Commercial, Single-Dwelling Residential and Church CRITERIA FOR APPROVAL 1. Land Use Plan Amendment: There are no specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the Comprehensive Plan. Eight specific land use and housing goals apply to this proposal: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighbofioods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. In addition, four specific land use policies apply to this proposal: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. c. Support innovative subdivision and housing design. d. Protect neighbofioods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. 2. Rezoning: Section 44-165 of the zoning code requires that the city council make the following findings to rezone property: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. Hillcrest Rezoning/Comp Plan Change 5 February 13, 2004 b. 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. c. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. P:com-devUtillcrest~hillcrest rezoning memorandum Attachments: 1. Hillcrest Area Existing Comprehensive Land Use Map 2. Hillcrest Area Existing Zoning Map 3. Hillcrest Area Proposed Mixed-Use Map 4. Mixed-Use Zoning Code Resolution 5. Comprehensive Land Use Map Change Resolution 6. Zoning Map Change Resolution Hillcrest Rezoning/Comp Plan Change 6 February 13, 2004 Attachment 1 ~' ~ _ ~'` Larpenteur Avenue ~ Government ~ Business Commercial Single Dwelling Residential - Church Hillcrest Area Existing W~` Comprehensive Land Use Attachment 2 F Larpenteur Avenue Farm Residence ~ Business Commercial Single Dwelling Residential N W E S Hillcrest Area a Existing Zoning Attachment 3 Ramsey Cc Campus Larpenteur Avenue St. F'~au 1 ~ . ~ ~ ~. ~, ~ ' ~ ^ •. ' ~ ^ ~' i ~ ' ~ ^ ~ ! - Proposed Mixed-Use Zoning and Comprehensive Land Use Areas N W E S Hillcrest Area Proposed Mixed-Use 9 i ' '~_- :,y.~' " , ~ (~f~~%. s _~'~ ~~ Attachment 4 ORDINANCE NO. AN ORDINANCE CREATING THE MIXED-USE ZONING DISTRICT The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances: Section I. This section adds Section 34-16 to Chapter 34 (subdivisions) to the city code: Section 34-16. Special subdivision regulations in the M-U mixed-use district. Chapter 34 (subdivisions) of the city code applies to the mixed-use zoning district unless specified differently below. (a) Blocks: Maximum block length of six hundred (600) feet. (b) Right-of-way width: Subject to discretion of the director of public works and approval by the city council. (c) Road pavement widths: Subject to discretion of the director of public works and approval by the city council. (d) Alleys: Interconnected roads and alleys are strongly encouraged within the mixed-use zoning district. (e) Alley right-of-way and pavement widths must be adequate for the following: vehicle passing, vehicle loading and unloading and storage of snow. Alley right-of-way and pavement widths are subject to the discretion of the director of public works and approval by the city council. (f) Cul-de-sacs: Cul-de-sacs are prohibited within the mixed-use zoning district. (g) Sidewalks: Sidewalks are required on both sides of roads. Section 11. This section adds the following language to Section 44-6 (definitions) to the city code: Bed and breakfast means a transient lodging establishment located in asingle-family dwelling unit or other approved building in which guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only. Drive-through sales and service means an opening in the wall of a building designed and intended to be used to provide sales and/or service to patrons who remain in their vehicles. 10 Drive-up food or beverage window means an opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales and/or food and/or beverage service to patrons who remain in their vehicles. Dry cleaning and laundry pick-up station means an establishment or business maintained for the pick up and delivery of dry cleaning without the maintenance or operation of any dry cleaning equipment or machinery on the premises. Dry cleaning plant means an establishment or business maintained for cleaning clothing or other fabrics by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type and/or the chlorinated hydrocarbon type, and the processes incidental thereto. Dwelling, secondary means an additional dwelling unit located within and subordinate to the principal dwelling on asingle-dwelling lot, designed for a single occupant or small family. Standards and conditions for such a unit shall include the following: 1. A secondary dwelling unit shall be located within asingle-family dwelling or above its accessory structure. 2. In the case of an addition to an existing structure, the exterior finish, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the original building. 3. The additional dwelling unit may not contain more than thirty percent (30%) of the principal dwelling's total floor area or eight hundred (800) square feet, whichever is less. 4. There shall be no more than two (2) dwelling units on a lot. 5. At least one (1) dwelling unit on the lot shall be owner-occupied. Dwelling, townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences, each with a private outside entrance. Laundry means an establishment or business where patrons wash and dry clothing or other fabrics in machines operated by the patron. Limited production and processing are those uses that produce minimal off-site impacts due to their limited nature and scale, are compatible with commercial and residential uses and may include wholesale and off-premise sales. Odors, noise, vibration, glare and other potential side effects of manufacturing processes shall not be discernable beyond the property line or to other tenants located in a building. Limited production and processing includes, but is not limited to, the production, processing, repair or service of the following: 1. Apparel and other finished products made from fabrics. 2. Computers and accessories, including circuit boards and software. 3. Electronic products, components, assemblies and accessories. 4. Film, video and audio production. 5. Food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing. 6. Jewelry, watches and clocks. 7. Milk, ice cream and confections. 8. Musical instruments. 11 9. Novelty items, pens, pencils and buttons. 10. Precision dental, medical and optical goods. 11. Signs, including electric and neon signs and advertising displays. 12. Toys. 13. Wood crafting and carving. 14. Wood furniture and upholstery. Live-work unit means a dwelling unit in combination with a shop, office, studio or other workspace within the same unit, where the resident occupant both lives and works. Standards and conditions for these shall include: 1. The workspace component must be located on the first floor or basement of the building, with an entrance facing the primary abutting road. 2. The dwelling unit component must be located above or behind the workspace and maintain a separate entrance accessible from the primary abutting road. 3. The office or business component of the workspace shall not exceed thirty percent (30%) of the total gross floor area of the principal dwelling unit and shall meet all building code requirements. 4. A total of two (2) off-street parking spaces shall be provided on site for alive-work unit, located to the rear of the unit, or underground/enclosed (including attached or detached garage parking spaces). 5. No more than one (1) passenger or light commercial vehicle (i.e., delivery truck) associated with the office or business component of the workspace may be stored on site. Heavy commercial vehicles are prohibited. 6. The size and nature of the workspace shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building and will require different construction standards. 7. The workspace component of the building may include the following uses: offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit or limited retail associated with fine arts or crafts. The workspace component shall be limited to those uses otherwise permitted in the district that do not require a separation from residentially zoned or occupied property. The workspace component may not include a wholesale business, manufacturing business, motor vehicle service or repair for any vehicles other than those registered to residents of the property and a commercial food service requiring a license, except for a catering business which meets all conditional use permit requirements as specified in Article V (conditional use permits). 8. Signage for alive-work unit is restricted to one (1), fifteen-square-foot (15 s.f.) wall sign and shall not be internally illuminated. Over story tree means a large deciduous shade-producing tree with a mature height over thirty (30) feet. Photocopying establishment means a business engaging in the reproduction of written or graphic materials through processes that do not include the use of volatile organic compounds which are subject to federal or state air emissions regulations. Publishing or printing establishment means a business engaging in the reproduction of written or graphic materials through processes that include the use of volatile organic compounds which are subject to federal or state air emissions regulations. 12 Section III. This section adds Chapter 44, Article II, Division 14 to the city code to create the mixed-use zoning district (M-U): Division 14. M-U Mixed-Use District Section 44-679. Purpose and intent. The purpose of the mixed-use zoning district is to provide areas in the City of Maplewood with a mixture of land uses, made mutually compatible through land use controls and high-quality design standards. With this district, the City of Maplewood intends to promote the redevelopment or development of an area into amixed-use urban center with compact, pedestrian-oriented commercial and residential land uses that are within an easy walk of a major transit stop. The intent of the mixed-use zoning district is to enhance viability within an area and foster more employment and residential opportunities. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating the pedestrian-friendly and livable environment envisioned by the city in a mixed-use area. To ensure these elements are achieved, basic design standards are included in the district. Section 44-670. Uses. Uses allowed within an M-U mixed-use zoning district are as follows: Permitted (P) Conditional Use Permit (CUP) Tvae of Use Prohibited (PR) Residential Uses Single-family dwelling P' Double dwelling P' Multiple dwelling P Secondary dwelling CUP Mixed Commercial-Residential Uses Multiple-dwelling residential and commercial P Live-work unit CUP2 Commercial Uses Adult uses and sexually oriented businesses PR Antennas which are freestanding and not PR3 located on existing structures Bakery/candy shop/catering, which produces P goods for on-premise retail sale Bank, credit union P Bed and breakfast P/CUP/PR4 Cemetery, crematory or mausoleum PR Clinic, medical or health related P Clinic, veterinary P/PR5 13 Type of Use Commercial Uses (cont.) Permitted (P) Conditional Use Permit (CUP) Prohibited (PR) Currency exchange business PR Drive-through sales and service PR Drive-up food or beverage window PR Dry cleaning and laundry pick-up station P Dry cleaning plant P/PR6 Exterior storage, display, sale or distribution of goods or materials PR Health/sports club P Indoor recreation P Indoor theater P Laundry P Limited production and processing P/CUP' Maintenance garage PR Major motor fuel station PR Mining PR Minor motor fuel station CUPe Motor vehicle wash PR Office P Off-street parking as a principal use PR Off-sale liquor business P9 On-sale liquor business P9 Pawnbroker PR Planned Unit Development PR Photocopying establishment P Publishing or printing establishment P/PR10 Restaurant P Retail P Small appliance and electronic component or equipment repair P Accessory use customarily incidental to any of the above uses. P The city may allow commercial uses similar to the above if they would not create a nuisance and if they are not noxious or hazardous. The city council shall review uses that are not clearly similar for determination of compatibility. 'Nonconforming single and double-dwelling residential uses and structures: Any pre-existing conforming or nonconforming single or double-dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district and may be expanded, extended or intensified so long as such expansion, extension, or intensification would be permitted under the R-1 single-dwelling residential district or the R-2 double-dwelling residential district and/or M-U mixed-use district. 14 ZLive-work units are a conditional use in the mixed-use zoning district if they meet all standards and conditions as defined in the live-work definition. Live-work units do not require a home occupation license as specified in Section 14-56 (home occupations). 3All other antenna requirements as specified in Article XI (commercial use antennas and towers) shall apply. °Bed and breakfast establishments are allowed as follows: 1)single-dwelling residential: permitted if the bed and breakfast has four (4) or fewer guest rooms and as a conditional use permit if the bed and breakfast has more than four (4) guest rooms; 2) commercial or mixed-use building: permitted; 3) double dwelling, townhouse, or multi-family: prohibited. All bed and breakfast establishments must meet the required number of off-street parking spaces as specified in Section 44-17 (off-street parking). SVeterinary clinic with exterior kennels are a prohibited use in the mixed-use zoning district. BA dry cleaning plant is a permitted use in the mixed-use zoning district only if located within a commercial-only building. A dry cleaning plant is a prohibited use in the mixed-use zoning district if located within amixed-use building (i.e., residential and commercial). 'Limited production and processing is a conditional use in the mixed-use zoning district only if such use has more than five thousand (5,000) square feet of gross floor area, in which case total floor area shall not exceed ten-thousand (10,000) square feet. 8A minor motor fuel station is a conditional use in the mixed-use zoning district subject to the following: 1. All parts of the minor motor fuel station shall be at least 100 feet from any residential use within the mixed-use zoning district, including mixed-use buildings that comprise at least 50 percent residential uses. 2. All parts of the minor motor fuel station shall be at least 350 feet from any single, double or multi-family residentially zoned land. 3. All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. 4. There shall be leak detection equipment on all new and existing tanks according to the federal environmental protection agency schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment and manual measurement and recording equipment of tank levels for daily records. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. 9All alcoholic beverage licensing requirements apply as specified in Chapter 6 (alcoholic beverages). 10Publishing and printing establishments are a permitted use in the mixed-use zoning district only if located within acommercial-only building. A publishing and printing establishment is a prohibited use in the mixed-use zoning district if located within amixed-use building (i.e., residential and commercial). 15 Section 44-671. Dimensional standards. Lot Size Per Unit Structure Setbacks (Feet) Building Tvpe (Square Feet) Height (Feet) Front Side Rear Single dwelling 7,260 35' 20 to 25 52 152 Double dwelling/ n/a 35' 20 to 25 52 152 townhouse Residential garage n/a Per Section n/a 5 0 to 6 accessed from alley 44-114 Residential garage not n/a Per Section 20 to 25 5 5 accessed from alley 44-114 Multiple dwelling n/a 35' 0 to 20 03 03 Mixed-use/residential n/a n/a 0 to 10 03 03 and commercial Commercial/including n/a n/a 0 to 10 03 03 structure parking 'No single dwelling, double dwelling, townhouse or multi-dwelling building shall exceed a height of thirty-five (35) feet, or three stories, unless the city council approves a conditional use permit. 2V11hen a mixed-use zoned single ordouble-dwelling/townhouse adjoins a single or double-dwelling residential zoning district, the side and rear yard setbacks of the adjacent single or double- dwelling residential zoning district shall apply, or a side yard setback of ten (10) feet and a rear yard setback of twenty (20) feet, whichever is greater. 3The zero (0) setback specified above is allowed except as otherwise specified in the building code. Side and rear yard setbacks of at least ten (10) feet shall be required when amixed-use zoned commercial, mixed-use (residential and commercial) or multi-family use adjoins amixed-use zoned single or double-dwelling/townhouse residential use. Side and rear yard setbacks shall be as specified in Section 44-20 (c)(6)(b) (additional design standards) when amixed-use zoned commercial, mixed-use (residential and commercial), ormulti-family use adjoins a single or double- dwelling residential zoning district. Section 44-672. Maximum density. The density of the mixed-use zoning district shall not exceed the maximum density permitted by the land use classification and people per unit designated in the city's adopted comprehensive plan. Density bonuses are allowed per Section 44-300 (density credits). In addition, the net acreage for calculating density may be increased by three hundred (300) square feet for each affordable dwelling unit, as defined by the Metropolitan Council guidelines. 16 Section 44-673. Off-Street Parking. Section 44-17 (off-street parking) of the city code applies in the mixed-use zoning district unless specified differently below. Placement of surface parking within the mixed-use zoning district must meet the following: 1. Surface parking must be located to the rear of a principal building, or an interior side yard if parking in the rear is impractical. 2. Surface parking must maintain aten-foot (10') setback to a road when constructed on the side or rear of a building on a corner lot. 3. Surface parking must maintain afive-foot (5') side and five-foot (5') rear yard setback, unless the surface parking adjoins a single or double-dwelling residential zoning district, in which case the required setback is as specified in Section 44-19(a) (landscaping and screening). 4. The city may approve variances to the surface parking placement standard if a building has special needs and site constraints. In these cases, there should be good pedestrian connections between the sidewalk and building entrance, and the area in front of the parking lot should be well landscaped. Amount of parking: 1. The minimum amount of required parking spaces shall be as specified in Section 44-17 (off- street parking). 2. The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent (10%), or two (2) spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck- under garage. 3. On-street parking located in front of a commercial or mixed-use building may count toward the required number of parking spaces. 4. For retail, medical, service and office uses, if a transit shelter is provided on site or in front of the building, then the minimum required number of parking spaces may be reduced by five percent (5%), but not to exceed five (5) parking spaces total. 5. Commercial parking district: For retail, medical, service and office uses, required parking may be reduced by the establishment of a commercial parking district for the purpose of sharing parking with varying peak parking hours or availability of off-street public parking. The establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the community design review board during the development's initial site plan review or subsequent site plan changes. 6. In addition to the above-referenced allowances for parking reduction, the city council may authorize other reduced off-street parking requests through a special agreement. The reduction must be based on proven parking data for a specific development. Parking space size: 1. 90-degree parking: 9 feet x 18 feet 2. 45-degree parking: 8.5 feet x 18 feet 3. Parallel parking: 8 feet x 21 feet 17 Section 44-674. Design standards. Section 44-20 (additional design standards) of the city code applies to the mixed-use zoning district unless specified differently below. Awnings: Awnings must be properly maintained, and if in poor repair must be repaired or replaced in a timely manner. Metal awnings are prohibited unless the design of the awning is compatible with the building, as determined by the director of community development (if the awnings require administrative review) or the community design review board (if the awnings require design review). Awnings may extend up to five (5) feet over the public right-of-way, where approved by the city, and must meet all building code requirements. Commercial/mixed-use building facade: Any exterior building wall, except for single and double- dwelling/townhouse residential buildings, adjacent to or visible from a public right-of-way or public open space may not exceed forty (40) feet in width. New buildings of more than forty (40) feet in width are allowed if the building wall is divided into smaller increments, between twenty (20) and forty (40) feet in width, through articulation of the facade. This can be achieved through combinations of the following techniques and others that may meet the objective: 1. Facade modulation -stepping back or extending forward a portion of the fagade. 2. Vertical divisions -using different textures or materials (although materials should be drawn from a common palette). 3. Division into storefronts, with separate display windows and entrances. 4. Variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. 5. Arcades, awnings, window bays, arched windows and balconies. Exterior building materials: Exterior-building materials shall be classified primary, secondary or accent material. Primary materials shall cover at least sixty percent (60%) of all facades of a building. Secondary materials may cover no more than thirty percent (30%) of all facades of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten percent (10%) of all facades of a building. Allowable materials are as follows: 1. Primary exterior building materials may be brick, stone or glass. Bronze-tinted or mirror glass are prohibited as exterior materials. 2. Secondary exterior building materials may be decorative block or stucco. 3. Synthetic stucco may be permitted as a secondary material on upper floors only. 4. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. 5. All primary and secondary materials shall be integrally colored with no painted materials. Fences: Fences over four (4) feet in height are prohibited in all front yards, except as required for storage/service/loading as specified below. First floor height: The first floor of commercial or mixed-use (residential and commercial) buildings shall be designed with a minimum ceiling height of twelve (12) feet. 18 Material change: The front facade building material changes shall not occur at external comers (toward a public right-of-way or public open space), but may occur at reverse or interior comers or as a return at least six (6) feet from external comers. Mixed-use building and development remodeling/additions/alterations: Remodeling, additions or other alterations to mixed-use buildings and development (buildings and developments previously approved and built with mixed-use design standards) shall be done in a manner that is compatible with the original building or development. Original materials shall be retained and preserved to the extent possible. Model variety: Each single or double-dwelling development of one hundred (100) or more units must have at least four (4) models with three (3) elevations and material treatments each. For single or double-dwelling developments of less than one hundred (100) units, at least three (3) models with three (3) variations each are required. No road block should have more than two (2) consecutive single-dwelling houses with the same house model. Nonconforming buildings and developments: Additions to nonconforming buildings or developments (buildings or developments built before mixed-use design standards) must be constructed with materials required by this ordinance if the addition exceeds twenty-five percent (25%) of the floor area. Exterior remodeling or alterations to a nonconforming building or development must be constructed with materials required by this ordinance. The director of community development (if administrative review is required) or the community design review board (if design review is required) may authorize the use of other materials if the addition, remodeling or alteration is deemed to be minor in nature and not visible from a public right-of-way. One-story buildings: One-story buildings taller than eighteen (18) feet in height shall be architecturally detailed to simulate atwo-story appearance. Parks/playgrounds: The city may require that a reasonable portion of any proposed subdivision or development be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space. Pedestrian access: Each ground floor space with road frontage shall have its primary entrance on the front facade. Additional entrances may be provided off of a parking area or an access corridor. Porches and entries: Porches, steps, pent roofs, roof overhangs and hooded front doors or similar architectural elements shall be used to define all primary residential entrances. Decks shall be prohibited on all primary residential entrances. Front porches must have a minimum depth of six (6) feet clear. Porches may extend six (6) feet into the required setback in the mixed-use zoning district. Residential garages: Single ordouble-dwelling/townhouse attached garages must not be located in front of the primary facade and must have architectural elements to minimize the impact of the garage door or be recessed from the primary front facade (not including porches, bay windows or other minor projections) by a minimum of eight (8) feet. Single or double-dwelling/townhouse garages, either attached or detached, which are placed in the rear yard must be accessed by either an alley or a side-yard driveway. Setbacks: Within the mixed-use zoning district, all setbacks shall be measured from the outlying property line of a development and either a public right-of-way or from the edge of a private road, 19 whichever applies. The term "road" as used to define setbacks within the mixed-use zoning district applies to public right-of-ways and private roads. Storage/service/loading: If an outdoor storage, service or loading area is visible from adjacent residential uses, or a road or walkway; it shall be screened by a decorative fence, wall or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure. Windows: Buildings containing office and retail uses shall maintain forty percent (40%) minimum window coverage on the first floor that faces a road or public open space. These windows shall extend to a minimum of two (2) feet to the front facade elevation. Exceptions and Appeals to Design Standards: Exceptions: The director of community development (if administrative review is required) or the community design review board (if design review is required) may consider exceptions to the above-mentioned design standards if they uphold the integrity of the guidelines and result in an attractive, cohesive development design as intended by this ordinance. Appeals: Appeals to the approved design conditions for a building or development are permitted as specified in Section 2-285 (approval of plans). Section 44-675. Landscaping. Section 44-19 (landscaping and screening) of the city code applies in the mixed-use zoning district unless specified differently below. Landscape requirements: 1. All areas of land not occupied by buildings, parking, driveways, sidewalks or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. 2. Hard surfaced areas, including sidewalks and patios, must include amenities such as benches, planters and bike racks. 3. For parking lots consisting of twenty (20) or more spaces, interior landscape islands are required. Interior landscape islands shall be at a rate of one (1) landscape island for every ten (10) parking spaces. Landscaping areas located along the perimeter of a parking lot beyond the curb or edge of pavement shall not be included toward satisfying this requirement. Landscape islands shalt be a minimum of one hundred and forty-four (144) square feet in area and shall be a minimum of eight (8) feet in width, as measured from back of curb to back of curb. The landscape islands shall be improved as follows: a. One (1) over story tree with a trunk size a minimum of two and one-half (2-1/2) inches in caliper shall be provided for every landscape island. b. A minimum of fifty percent (50%) of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover within 20 two (2) years. Mulch may only be used around the base of the plant material to retain moisture. 4. Perimeter landscape or pedestrian walls are required for all parking lots and shall be established along the road and edges of the parking lot. The landscape treatment or pedestrian wall shall run the full length of the parking lot and be located between the property line and the edge of the parking lot as follows: a. Perimeter parking lot landscaping adjacent the road shall be at least ten (10) feet in width, as measured from the property line or edge of a private road to the back of curb. b. The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. c. Perimeter parking lot landscaping along the rear and sides of a parking lot (not adjacent the road) shall be planted with a minimum of fifty percent (50%) ground cover approved by the city to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. d. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall along the perimeter of the parking lot may be constructed. The pedestrian wall is limited to four (4) feet in height, must be at least eighty percent (80%) opaque and must be architecturally compatible to the principal building or development. 5. Over story trees are required at regular intervals along the road to help define the road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five (5) feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. Section 4-676. Lighting. All outdoor lighting shall be of a design and size compatible with the building and as specified in Section 44-19(c)(1) (outdoor lighting), except that light pole height maximum is limited to sixteen (16) feet. Section IV. This section adds Subdivision VII, Schedule No. VI, to Article III (sign regulations). Subdivision Vll. Schedule No. VI Section 44-990. Scope. This schedule No. VI applies to signs in the M-U mixed-use district. Article 111 (sign regulations) of the city code applies to the M-U mixed-use district unless specified differently below. Section 44-991. Sign review. The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with 21 the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 44-736 (comprehensive sign plan). All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non-mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified as apre-existing nonconforming sign in which case it shall comply with Section 44-12 (nonconforming buildings or uses). Section 44-992. Projecting signs. Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not project out further than the sign's height. Section 44-993. Overall wall signs. Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 '/2) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. Section 44-994. Freestanding signs. One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: 1. Limited to six (6) feet in height and forty (40) square feet in area. 2. Maintain afive-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. 3. Must cons~gt of a base constructed of materials and design features similar to those of the front facade of the building or development. 4. Must be landscaped with flowers or shrubbery. 22 Section 44-995. Prohibited signs. Signs painted directly on the wall of a building; reader boards located in permanent signage, except for reader boards advertising gasoline prices at minor motor vehicle stations; signs which advertise a product and not a specific business. Section IV. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on , 2004. Mayor Attest: City Clerk Ayes - Nays - 23 Attachment 5 COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION WHEREAS, the City of Maplewood has requested a change to the city's comprehensive land use plan from business commercial (BC), single-dwelling residential (R-1), and church (C) to mixed-use (M-U) for the Hillcrest area. WHEREAS, this change applies to the Hillcrest area in the City of Maplewood, Minnesota. WHEREAS, the change applies to the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; all properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road including the following: ProcertV Identification Number 152922440085 142922330021 152922440015 142922330019 142922330014 152922440014 142922330020 152922440013 152922440012 152922440011 142922330011 142922330001 152922440010 142922330009 152922440019 152922440009 152922410002 152922440018 152922440008 142922330024 152922440017 152922440007 152922440006 152922440005 152922440004 152922440003 152922440002 152922440001 142922330013 152922410015 142922330012 142922330023 142922330006 152922410080 152922410013 142922330010 142922330016 142922330004 152922410012 Address 1685 WHITE BEAR AVE N 1698 WHITE BEAR AVE N 1699 WHITE BEAR AVE N 1705 VAN DYKE ST N 1706 WHITE BEAR AVE N 1709 WHITE BEAR AVE N 1715 VAN DYKE ST N 1717 WHITE BEAR AVE N 1721 WHITE BEAR AVE N 1733 WHITE BEAR AVE N 1735 VAN DYKE ST N 1740 VAN DYKE ST N 1743 WHITE BEAR AVE N 1750 WHITE BEAR AVE N 1751 LARPENTEUR AVE E 1753 WHITE BEAR AVE N 1756 FROST AVE E 1759 LARPENTEUR AVE E 1759 WHITE BEAR AVE N 1762 WHITE BEAR AVE N 1763 LARPENTEUR AVE E 1763 WHITE BEAR AVE N 1769 WHITE BEAR AVE N 1773 WHITE BEAR AVE N 1779 WHITE BEAR AVE N 1783 WHITE BEAR AVE N 1789 WHITE BEAR AVE N 1799 WHITE BEAR AVE N 1804 N ST PAUL RD E 1805 WHITE BEAR AVE N 1814NSTPAULRDE 1815 WHITE BEAR AVE N 1819NSTPAULRDE 1829 WHITE BEAR AVE N 1831 WHITE BEAR AVE N 1834 N ST PAUL RD E 1835 LARPENTEUR AVE E 1847 LARPENTEUR AVE E 1849 WHITE BEAR AVE N 24 142922330005 1851 N ST PAUL RD E 152922410010 1865 WHITE BEAR AVE N 152922410009 1871 WHITE BEAR AVE N 152922410008 1883 WHITE BEAR AVE N 142922330003 1887 LARPENTEUR AVE E 152922410007 1895 WHITE BEAR AVE N 142922330002 1899 LARPENTEUR AVE E 152922410006 1899 WHITE BEAR AVE N 152922410005 1909 WHITE BEAR AVE N 152922410004 1913 WHITE BEAR AVE N 152922410003 1919 WHITE BEAR AVE N 152922410001 1925 WHITE BEAR AVE N WHEREAS, the history of this change is as follows: On February 2, 2004, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On February 23, 2004, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described land use plan change for the following reasons: 1. The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. 2. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. c. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. The Maplewood City Council adopted this resolution on , 2004. 25 ZONING MAP CHANGE RESOLUTION Attachment 6 WHEREAS, the City of Maplewood has requested a change to the city's zoning map from business commercial (BC) and single-dwelling residential (R-1) to mixed-use (M-U). WHEREAS, this change applies to the Hillcrest area in the City of Maplewood, Minnesota. WHEREAS, the change applies to the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; all properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road including the following: Prooertv Identification Number 152922440085 142922330021 152922440015 142922330019 142922330014 152922440014 142922330020 152922440013 152922440012 152922440011 142922330011 142922330001 152922440010 142922330009 152922440019 152922440009 152922410002 152922440018 152922440008 142922330024 152922440017 152922440007 152922440006 152922440005 152922440004 152922440003 152922440002 152922440001 142922330013 152922410015 142922330012 142922330023 142922330006 152922410080 152922410013 142922330010 142922330016 142922330004 152922410012 142922330005 152922410010 152922410009 152922410008 Address 1685 WHITE BEAR AVE N 1698 WHITE BEAR AVE N 1699 WHITE BEAR AVE N 1705 VAN DYKE ST N 1706 WHITE BEAR AVE N 1709 WHITE BEAR AVE N 1715 VAN DYKE ST N 1717 WHITE BEAR AVE N 1721 WHITE BEAR AVE N 1733 WHITE BEAR AVE N 1735 VAN DYKE ST N 1740 VAN DYKE ST N 1743 WHITE BEAR AVE N 1750 WHITE BEAR AVE N 1751 LARPENTEUR AVE E 1753 WHITE BEAR AVE N 1756 FROST AVE E 1759 LARPENTEUR AVE E 1759 WHITE BEAR AVE N 1762 WHITE BEAR AVE N 1763 LARPENTEUR AVE E 1763 WHITE BEAR AVE N 1769 WHITE BEAR AVE N 1773 WHITE BEAR AVE N 1779 WHITE BEAR AVE N 1783 WHITE BEAR AVE N 1789 WHITE BEAR AVE N 1799 WHITE BEAR AVE N 1804 N ST PAUL RD E 1805 WHITE BEAR AVE N 1814NSTPAULRDE 1815 WHITE BEAR AVE N 1819NSTPAULRDE 1829 WHITE BEAR AVE N 1831 WHITE BEAR AVE N 1834 N ST PAUL RD E 1835 LARPENTEUR AVE E 1847 LARPENTEUR AVE E 1849 WHITE BEAR AVE N 1851 N ST PAUL RD E 1865 WHITE BEAR AVE N 1871 WHITE BEAR AVE N 1883 WHITE BEAR AVE N 26 142922330003 1887 LARPENTEUR AVE E 152922410007 1895 WHITE BEAR AVE N 142922330002 1899 LARPENTEUR AVE E 152922410006 1899 WHITE BEAR AVE N 152922410005 1909 WHITE BEAR AVE N 152922410004 1913 WHITE BEAR AVE N 152922410003 1919 WHITE BEAR AVE N 152922410001 1925 WHITE BEAR AVE N WHEREAS, the history of this change is as follows: On February 2, 2004, the planning commission recommended that the city council approve the rezoning change. 2. On February 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The Maplewood City Council adopted this resolution on , 2004. 27 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, FEBRUARY 2, 2004 V. PUBLIC HEARING a. Hillcrest Area (Larpenteur and White Bear Avenues) Ms. Finwall showed a power point presentation while describing the proposed changes to the Hillcrest area. Ms. Finwall said the City of Maplewood is proposing to change the comprehensive land use and zoning map for the Hillcrest area. These changes would be from business commercial (BC), single-dwelling residential (R-1 ), and church (C) to the newly adopted mixed- use (M-U) land use designation and zoning district. The comprehensive land use and zoning map changes are intended to promote the redevelopment of the Hillcrest area into amixed-use urban center with compact, pedestrian-oriented commercial and residential land uses. State law requires comprehensive land use map changes to be passed by atwo-thirds city council vote (4 votes). Commissioner Trippler had concerns with the way the area was described. He thought the property description should be defined better. Ms. Finwall said she would confer with the city attorney to ensure a legally binding description. Chairperson Fischer opened the discussion to the public. She asked anyone who wanted to speak on this item give their name and address prior to addressing the commission. Mr. Ken Schwartz, Performance Transmission business owner at 1735 Van Dyke Street, Maplewood, addressed the commission. He said he is against the rezoning of commercial property because he believes it devalues the property. He said when you rezone residential property to commercial property you raise the value of the property. But when you go from business commercial to mixed use it devalues property. Rezoning his property to mixed use would not fit the criteria of his business. He said when you rezone a building you change the value of the building. When the time came that he wanted to sell his property it would limit him as to who he could sell his property to. The city needs to address what would be taken away from the individual when someone's property gets devalued. He wants his property to remain business commercial. Commissioner Bartol asked what the nature of his business was? Mr. Schwartz said his business is auto/transmission repair. Mr. AI Meister, business owner at 1696 to 1698 White Bear Avenue, and 1715 Van Dyke Street, Maplewood, addressed the commission. He agreed with Mr. Schwartz that by doing this the city would be devaluing his property. He said he had a tenant in one of his properties that moved out already because of what the Met Council has told everyone. The tenant said "who knows, next year the building may be gone", so he left. He said they are having a hard time getting tenants because of the future changes. Very few companies could relocate to that location because of the new changes. Unless you have a developer that would come in and buy everyone out, people don't have the money to upgrade because of the economy. Mr. Ken Schwartz, addressed the commission again. He said 1 year ago the city adopted Fire Code 1306. The code reads if you change the occupancy within your building you have to sprinkler the whole building. He is looking at remodeling a portion of his business. Within the guidelines of the adopted rule the city would consider the remodeling change to the occupancy, which requires a sprinkler system. He said in Mr. Meister's case to replace the tenant that was in the Laundromat space would run about $60,000 to get a new renter in the building to bring the building up to code. It's hard for a property owner to spend $60,000 not knowing if you can get the money back or not. He doesn't have a problem spending money on his building if his building would be there 30 years from now. He does have a problem spending that kind of money on a building that may be demolished in the next few years. The city needs to ask what impact would this have on the people in the community? He said it's not easy to move a business. It's expensive to retain your customers and you hope they follow you to the new location. Mr. Dave Hulke, residing at 1831 White Bear Avenue, Maplewood, addressed the commission. He said he would like his property to be considered as one of the properties for this change. He said his property is located just north of Hejny Rental and is about 1 acre in size. The Hejny Rental property is roughly 1'/a acre in size. He said his father passed away in December 2003 and they have been trying since 1969 to get this property changed to commercial to upgrade its value. He spoke to several neighbors and another one of his neighbors is interested in having their property considered for this change as well. Chairperson Fischer asked what the street frontage was for Mr. Hulke's property? Mr. Hulke said his property has 150 feet of street frontage and Hejny Rental has about 200 feet of street frontage. Mr. Bob Cutshall, Building Committee Chair for the Woodland Hills Church located at 1740 Van Dyke Street, Maplewood, addressed the commission. He said the church wants to be a good neighbor. They want to understand the rezoning of this property. Their understanding is under the new zoning they would be a permitted use under a conditional use permit as they are currently. Ms. Finwall said churches would remain under the conditional use permit as they are currently. Chairperson Fischer asked if the permit the church currently has has been is grandfathered in? Ms. Finwall said yes. Mr. Cutshall asked if he understood correctly that the church would not be anon-conforming use? Ms. Finwall said the use itself would not be anon-conforming use, however, the parking lot and building would be non-conforming under the new design standards. Mr. Cutshall asked if they would be expected at some point to bring the building up to the design standards? He said the new design standards would be difficult for the church to meet since the building is over 40 years old. Ms. Finwall said the ordinance would not require the church to update the building unless the church was proposing an addition or exterior remodeling. If the addition exceeded 25% of the floor area of the building it would have to be constructed with the new design standards and any exterior alteration or remodeling would have to meet the design standards? Mr. Cutshall asked if this would have an impact on the finishing of the inside of the building since they are half done? Ms. Finwall said that would not affect the interior building the church has proposed. Ms. Darlene Duran, residing at 1849 White Bear Avenue, Maplewood, addressed the commission. Her property is next door to David Hulke's property and she would like her property to be considered for the rezoning of the area. She is concerned that the commercial zoning has spread past Ripley Avenue. She said Hejny Rental could sell their business to many different companies that wanted to relocate in that location. Chairperson Fischer asked staff to explain the difference between the proposed mixed-use zoning and the current business commercial zoning? Ms. Finwall said Ms. Duran lives north of Mr. Hulke's property. Currently Hejny Rental is operating with a CUP for the exterior storage and the rental facility but they are anon-conforming use because they are located in a residential zoning district. Currently Hejny Rental could sell to a similar type use or the property could be converted to residential property. When the property is rezoned, lower impact commercial uses such as retail or restaurant could be developed or multi- family housing could go there. It appears that the residential portion would develop along the western side of White Bear Avenue before commercial property. Ms. Duran said she would still like her property to be considered as the same zoning as Mr. Hulke. She thinks it's a strange place to make the cutoff on White Bear Avenue and she thinks including one more property shouldn't make difference. Mr. Schwartz asked if there would be a minimum lot size requirement under the new rezoning? Ms. Finwall said only for asingle-family home. She doesn't foresee a small lot such as the size of the Duran property developed on its own but the lot could be included with other properties for future redevelopment. Mr. Kevin Johnson, residing at 207 West Kenwood, Maplewood, and a member of the pastoral staff at the Woodland Hills church, addressed the commission. He said the church wants to be supportive of the efforts of improving the community and want to do their best job of being a good neighbor. Commissioner Trippler moved to adopt the comprehensive map change in the Hillcrest area from business commercial (BC), single-dwelling residential (R-1 ), and church (C) to mixed-use (M-U). The comprehensive map change includes properties located north of Larpenteur Avenue and south of Ripley Avenue, along White Bear Avenue and Van Dyke Street as follows: (changes to the original motion are underlined and additions are in bold). Properties 295 feet west of White Bear Avenue from Larpenteur Avenue to the north property line of 1849 White Bear Avenue; all properties east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue; all properties east and west of Van Dyke Street from Larpenteur Avenue to Ripley Avenue, including 1847, 1887, and 1899 Larpenteur Avenue. The comprehensive map change is based on eight specific comprehensive plan land use and housing goals and four land use policies as follows: Goals: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. Policies: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. c. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. Commissioner Trippler moved to adopt the zoning map change for the Hillcrest area in the City of Maplewood from business commercial (BC) and single-dwelling residential (R-1) to mixed-use (M- U). The zoning map change includes properties located north of Larpenteur Avenue and south of Ripley Avenue, along White Bear Avenue and Van Dyke Street as follows: (changes to the original motion are underlined and additions are in bold). Properties 295 feet west of White Bear Avenue from Larpenteur Avenue to the north property line of 1849 White Bear Avenue; all properties east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue; all properties east and west of Van Dyke Street from Larpenteur Avenue to Ripley Avenue, including 1847, 1887, and 1899 Larpenteur Avenue. The city is making this change because: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. 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. c. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. Commissioner Dierich seconded. Ayes - Bartol, Dierich, Fischer, Trippler The motion passed. This item goes to the city council on February 23, 2004. Agenda #H2 SUMMARY MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Woodhill LOCATION: South of Linwood Avenue, east of Sterling Street DATE: February 17, 2004 INTRODUCTION Project Description Mr. Bruce Nedegaard, representing Nedegaard Custom Homes, is proposing to develop a 15-lot plat for single dwellings called Woodhill. It would be on a 12.44-acre site on the south side of Linwood Avenue, east of Sterling Street. Refer to the applicant's statement and the maps in the staff memo for more information about this request. Requests To build this project, Mr. Nedegaard is requesting that the city approve: A conditional use permit (CUP) for a planned unit development (PUD). The PUD would allow the development of the site with 15 single dwellings on a cul-de-sac with a narrower right-of--way (50 feet instead of 60 feet) and narrower pavement width. 2. A preliminary plat for 15 lots for single dwellings. In addition, city staff is proposing to change the zoning for the site from F (farm residence) to R-1 (single dwellings). ISSUES The primary issues or concerns that staff and the planning commission had with this proposal is about site grading and wetland protection. The developer's engineer has been working closely with city staff and the watershed district to ensure that the project, if built, would be sensitive to the site conditions. The latest plans for this proposal have incorporated many of the changes and comments of city staff, the planning commission and of the watershed district. RECOMMENDATIONS There are three requests for the Woodhill development that the city needs to take action on. They include a conditional use permit for a planned unit development, a preliminary plat and a zoning map change from F (Farm Residence) to R-1 (Single Dwelling Residential). Staff is recommending approval of the proposal and the requests, subject to the conditions of approval in the full staff memo. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Woodhill PUD and Preliminary Plat LOCATION: South of Linwood Avenue, east of Sterting Street DATE: February 12, 2004 INTRODUCTION Project Description Mr. Bruce Nedegaard, representing Nedegaard Custom Homes, is proposing to develop a 15-lot plat for single dwellings called Woodhill. 1t would be on a 12.44-acre site on the south side of Linwood Avenue, east of Sterting Street. Refer to the applicant's statement on pages 14-17, the maps on pages 18-24, 35-37, and the attached plans. Requests To build this project, Mr. Nedegaard is requesting that the city approve: A conditional use permit {CUP) for a planned unit development {PUD). The PUD would allow the development of the site with 15 single dwellings on a cul-de-sac with a narrower right-of- way (50 feet instead of 60 feet) and narrower pavement width. In addition, the developer is asking the city to allow a variety of front yard setbacks for the houses within the development. 2. A preliminary ptat for 15 lots for single dwellings. (See the maps on pages 21 through 24 and on 35-37 and the enclosed project plans.) In addition, city staff is proposing to change the zoning for the site from F (farm residence) to R-1 (single dwellings). BACKGROUND The city bought the 24 acres south of this site for open space and park purposes in 1995. DISCUSSION PLANNED UNIT DEVELOPMENT (PUD) Section 44-1093(b) of the city code says that it is the intent of the PUD code "to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. 5. The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons." The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 15-unit housing development. They are requesting the CUP for the PUD because of the proposed narrower street right-of--way, narrower pavement width and to have a variety of front yard setbacks for the houses. In other words, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard city requirements would normally allow. It is the contention of the applicant, as they note in their project statement, that the proposed code deviations meet the findings in the city code for approval of a PUD. City staff agrees with the applicant that the development, with the proposed code deviations, would produce a development of equal or superior quality, that the proposals do not constitute a threat to the area and that the deviations are required for reasonable and practicable development of the site. The narrower street with reduced house setbacks will lessen the amount of grading and tree removal on the property. If the applicant followed all the city subdivision and zoning standards, such a plan would require more tree removal and grading because of the wider street and the larger setbacks. In addition, it is important to note that the proposed code deviations do not increase the number of lots or the density of the housing in the development The developer intends to sell each of the houses and expects that each will sell for at least $400,000. A homeowners' association would own and maintain the landscaping, rainwater gardens and retaining walls. Density and Lot Size As proposed, having 15 units on the 12.44-acre site calculated to 1.21 units per acre (an average of 33,868 square feet per unit). This is consistent with the density standards in the comprehensive plan for single dwelling residential development and is well above the 10,000- square-foot minimum lot area that the city requires for each single dwelling. Preliminary Plat The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. There are several existing factors inGuding the topography, wetlands and pipelines that limit and direct the possible development of the site. In addition, the shape of the property (823 feel wide by 624 feet deep), the street grades on Linwood Avenue, its one access poin# (on Linwood Avenue) along with its characteristic of generally sloping from the middle of the site to the north and to the south limit the development and design possibilities for the property. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city to consider. 1 will discuss the major issues with this proposal below. Subdivision Ordinance Chapter 34 of the city code (subdivisions) regulates the platting or subdividing of property in Maplewood. The purpose of this part of the code is "to protect and promote the public health, safety and general welfare, to provide for the orderly, economic and safe development of land...". As such, the city must balance many interests when reviewing and considering a subdivision in Maplewood. These include the interests of the property owner, the developer, the neighbors and the 2 Based on staff s review of the site and the existing topographic conditions, the proposed street and lot layout are reasonable. The proposed lots within the development that are also on Linwood Avenue have extra depth (they range from 172 to 209 feet deep) so that the proposed houses will not be right on top of Linwood Avenue. Staff is also recommending that the city require covenants or deed restrictions for the double frontage lots that will prohibit driveways onto Linwood Avenue. Trees As proposed, the contractor for Mr. Nedegaard would grade about 6 acres in the center of the site to create the street right-of-way and the house pads. (See the grading and tree plans on pages 23, 24 and 36.) This grading would remove about 74 large trees (including Colorado spruce, oak, birch and maple) and would leave about 137 large trees on the 12.44-acre site. Since the city code requires the developer to save at least 124 trees (10 per acre) on this site, the proposed plans meet this requirement. Watershed District Comments and Wetland Ordinance The Ramsey/Washington Metro Watershed District reviewed the preliminary plans for this development. (See the comments from Tina Carstens on page 25.) They have classified the large wetland on proposed Outlot B as a Class One Wetland. These are the wetlands that humans have impacted the least and have the most diverse types of vegetation and the most community resource significance. This wetland classification requires a 100-foot-wide no-disturb buffer area. In addition, the building foundations must be at least ten feet from the edge of the wetland buffer. The proposed grading plan (on page 23) meets these requirements. Ms. Carstens also told me that the 60-foot buffer as shown on the plans for the wetland on the east end of the site near Lot 8 is adequate. This is because this wetland is of a lower quality and importance than the larger wetlands to the west. The watershed district approved the preliminary project plans on February 4, 2004. It is important to remember that Mr. Nedegaard or the contractor must meet all the conditions of the watershed district and that they must get a permit from the watershed district before starting grading or construction. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant in reviewing this proposal and plans. Chris Cavett's and Erin Laberee's comments are in the attachment starting on page 26. Public Utilities There is sanitary sewer and water near the site to serve the proposed development. Specifically, water is to the east of the site at the intersection of Linwood Avenue and Ferndale Street. The developer will extend the water main across Linwood Avenue to and through the site. The Saint Paul Water Utility will need to approve the plan for the water main. Sanitary sewer is west of the site near the intersection of Linwood Avenue and Sterling Street. The developer is proposing to extend the sewer up Linwood Avenue from Sterling Stn:et to and through the development. The city engineer must approve the final engineering plans before the applicant or contractor may start construction. As noted in the engineering comments, the city is going to install the improvements on this site as part of a public improvement project -including utilities, street and curbing. This, however, requires the property owner to petition the city to install the public improvements. After the city receives such a petition, the city will do the final design of the project plans and the developer or applicant will pay the city back for all costs. 4 Drainage Most of the site drains to the north and to the south. The developer's engineer told me that by using the proposed ponds and rainwater gardens as s#orm wa#er detention facilities, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. Mr. Cavett noted this requirement, along with several others, in his comments. (See the information starting on page 26.) Magellan (Williams Brothers) Pipelines There are three Magellan Pipeline Company pipelines running north and south near the west end of the site. The developer has proposed to create Outlot A over this part of the site since the city code prohibits the construction of homes or buildings with habitable space within 100 feet of a pipeline. The proposed plat and lot layout meets this setback requirement and it creates anorth/south corridor with creation of Outlot A. The proposed plans show utility and trail construction within Outlot A near the pipelines. Mr. Cavett noted that any grading or construction near the pipelines requires the written approval of the pipeline company. Other Engineering Concerns Chris and Erin noted in their comments that the developer is to construct the retaining walls within the project during the grading of the site. This is to ensure that the walls are in place before the contractors start building the houses. They also noted a concern about the proposed house locations on Lots 6, 7 and 8 of Block 2. As originally proposed, these houses would have been set back about 77 feet from the front property line. This is much greater than the typical front setback of 30-35 feet and also is a larger setback than most of the other houses within this development. Chris and Erin recommend that the developer place the houses on these lots closer to the street so they would be more closely aligned with the neighboring homes. Staff recommends that the city set a range of front setbacks of 20 to 45 feet within this development to address these concerns. The latest project plans date-stamped February 12, 2004 (on pages 35-37) show these changes. Other Comments Lieutenant David Kvam of the Maplewood Police Department noted that he wanted the city to be sure that there is enough room within the site to allow emergency vehicles to maneuver and also noted that the entrance/exit of the development may present visibility problems for drivers. The sight visibility at the new intersection was an initial concern of the reviewing engineers. However, the developer's engineer provided Mr. Cavett supporting data and asight-line analysis that showed the proposed intersection would meet design standards such that his initial concerns were satisfied. Fire Marshal Butch Gervais, the Maplewood Fire Marshal, noted that the cul-de-sac must have a turning radius of at least 42 feet (for equipment) and that there be fire hydrants in proper locations. Neighbors' Comments City staff surveyed the 62 property owners within 500 feet of the site. Refer to the comments on page 12 and the written messages on pages 32 and 33. 5 Zoning The city has zoned this property F (Farm Residence) and has planned it R-1 (Single Dwelling Residential) in the city's comprehensive plan. The city's subdivision ordinance allows #or the platting of single-family lots within the Farm Residence zoning district. To be consistent with the comprehensive plan, however, staff recommends that the city change the zoning of the site from F (Farm Residence) to R-1 (single dwellings). COMMISSION ACTION On February 2, 2004, the planning commission recommended approval of the proposed PUD, preliminary plat and zoning map change, subject to several conditions. RECOMMENDATIONS A. Approve the resolution starting on page 38. This resolution approves a condi#inal use permit for a planned unit development for the 15-unit Woodhill development on the south side of Linwood Avenue. The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: 1. All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation inGuding keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction of the plat must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 4. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front-yard setback (from a public street right-of--way): minimum - 20 feet, maximum - 45 feet b. Front-yard setback (public side street right-of--way): minimum - 20 feet, maximum -none c. Rear-yard setback: 30 feet from any adjacent residential property line d. Side-yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. 6 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove the house, any debris or junk from the site. 6. The city council shalt review this permit in one year. B. Approve the Woodhill preliminary plat (received by the city on February 12, 2004}. The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b.'' Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations -primarily at the street intersections and at the west end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot). e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, building, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. f. Install survey monuments along the wetland and wetland buffer boundaries. g. Pay the city for the cost of traffic-control, street identification, wetland buffer and no parking signs. h. Provide all required and necessary easements, inGuding any off-site easements. i. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. j. Cap and seal all wells on site that the owners are not using; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. k. Complete all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 7 2.'' Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall mee# all the condi#ions and changes lis#ed in the memo da#ed January 22, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shaft follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that: a. Reduce the grading on sites where the developer can save large trees. This shall include following the project plans submitted to the city on February 12, 2004. The house pad locations on Lots 5, 6, 7 and 8, Block 2 shall meet the approved development setback requirements to more closely match the other house setbacks and orientation on the street. b. Meet the 100-foot setback from the pipelines for Lot 6, Block 1 and Lot 1, Block 2. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. 8 (11) The pipelines and the 8-foot-wide trail from the cul-de-sac to the south property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Dahl Avenue) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the south side of Linwood Avenue and the restoration and sodding of the boulevards. (4) Repair of Linwood Avenue (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) A set of utility services to the eastern part of the property at 2480 Linwood Avenue and public utility services to each new lot. (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (7) All utility excavations located within the proposed right-of--ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (10) The cul-de-sac with a minimum pavement radius of at least 42 feet. (11) Label Linwood Avenue and the new street as Dahl Avenue on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape plan for the areas along the street, including the rainwater gardens and the cul-de-sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2% inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. 9 b. Show drainage and utility easements along all property lines on the frnal plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label any common areas as outlots. d. Label the new street as Dahl Avenue on all plans. e. As may be necessary to ensure that houses on Lot 6, Block 1 and Lot 1, Block 2 would be at least 100 feet from the pipelines. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including wetland buffer easements and any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest comer of the plat. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, install all retaining walls, install the landscaping for the rainwater gardens and the cul-de-sac island, install all other necessary improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Linwood Avenue (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. 8. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, landscaping and retaining walls. 9. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 through 6, Block 1 and Lot 9, Block 2 from going onto Linwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. 10 e. Deeds transferring the ownership of Outlots A and B to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. f. All wetland and wetland buffer easements. The applicant shall submit the language for these dedica#ions and restrictions to the city for approval before recording. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Submit to city staff a copy of the written permission from the pipeline company for any grading or construction within the pipeline easement. 13. The property owner shall submit a petition to the city requesting the installation of the public improvements. 14. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. C. Adopt the zoning map change resolution on page 40. This resolution changes the zoning map from F (Farm Residence) to R-1 (Single Dwelling Residential) for the proposed Woodhill plat on the south side of Linwood Avenue. The city is making this change because it will: Be consistent with the spirit, purpose and intent of the zoning code. 2. Not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. Serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. 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. Serve the site better as the owner plans to develop this property for lots for single- family houses. 11 CITIZENS' COMMENTS I surveyed the owners of the 62 properties within 500 feet of this site and received three written replies. The following are the comments we received: 1. Our only concern at this time is Linwood Avenue itself. It is very difficult to turn left from Ferndale onto Linwood because you cannot. see traffic coming up the hilt. So, pefiaps when the new intersection is made you can do some grading and we will be able to see oncoming traffic. (Brooks - 699 Femdale Avenue). Also, see the e-mail message on page 32 and the letter on page 33. 12 REFERENCE INFORMATION SITE DESCRIPTION Site size: 12.44 acres Existing land use: A single dwelling and accessory buildings from the former property owner SURROUNDING LAND USES North: Single dwellings across Linwood Avenue South: City-owned Applewood open space West: Houses fronting on Linwood Avenue and on Sterling Street East: Houses fronting on Linwood Avenue PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: F (farm residence) Proposed Zoning: R-1 (single dwellings) Criteria for Conditional Use Penmit Approval Section 44-1097(a) sta#es #hat the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 38 and 39.) APPLICATION DATE The city received the complete project plans and application materials for this proposal on January 2, 2004, and revised project plans (per staff comments) on February 12, 2004. As such, the city needs to take action on the proposal by March 1, 2004, unless the developer agrees to a time extension. kr/p:/sec13-28/Vlloodhill plat.doc Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line Map 4. Area Map 5. Proposed Preliminary Plat dated 1-02-04 6. Proposed Utility Plan 7. Proposed Grading Plan dated 1-02-04 8. Proposed Tree Plan 9. Tina Carstens' comments dated 01-22-04 10. Engineering department plan review dated 01-22-04 11. Ginny Gaynor's comments dated 01-21-04 12. Bruce Anderson's comments dated 01-22-04 13. E-mail message from Nate Smith dated 1-13-04 14. Letter from John Gregerson 15. Letter from Humphrey Engineering dated February 11, 2004 16. Proposed Preliminary Plat dated February 12, 2004 17. Proposed Grading Plan dated February 12, 2004 18. Proposed Erosion Control plan dated February 12, 2004 19. Conditional Use Permit for Planned Unit Development (PUD) Resolution 20. Zoning Map Change Resolution 21. Project Plans date-stamped February 12, 2004 (separate attachments -including 11x17s and full-size) 13 Attachment 1 r ~ECEivED Woodhill Planned Unit Development Project Description December 31, 2003 Irltroduct ion This Woodhill Planned Unit Development is proposed as a single family residential development consisting of sixteen market rate homes. The project meets all of the City codes with the exception of three items. They are: 1) Road pavement width 2) Front yard setback criteria 3) Road right of way. Due to some of the unique ecological characteristics of the property as well as an existing gas pipeline corridor, Two out-parcels have been proposed. As a result of the three variances and the proposed out-parcels, the developer has considered the project to fall within the category of a Planned Unit Development. The applicant is also asking the City to consider the acquisition of the two out-parcels or use the park fees towards this acquisition. Site Description: The proposed Woodhill Planned Unit Development is a 12.44 acre parcel of land located at 2516 Linwood Drive in the City of Maplewood. The property is bordered by Linwood Drive to the north, single family residential lots to the east and west, and a large wooded open space parcel to the south which the City has purchased for a future city park and as permanently dedicated open space. The development parcel has a specific set of physical and visual characteristics that not only have guided the development strategy, but provide the character inherent to this site. They include the following: A. A pristine, perched wetland pond and drainage system on the south side of the property which extends into the future parkland and city owned open space system. Woodhill Planned Unit Development 12/31/03 14 B.A linear wetland corridor along Linwood Drive on the northwest corner. C. Underground gas pipeline that runs adjacent to the west property line. D. Steeply sloping topography on the north and south sides of the site. E. Dense mature woodland cloaking the north and south facing slopes. Proposed Plan: The proposed plan consists of sixteen market rate single family homes arranged along a publicly dedicated interior neighborhood residential road. Lot widths along the road are varied, but maintain a minimum width of seventy five feet. Building envelopes have been indicated that establish a minimum setback of twenty five feet from the edge of pavement to the front yard building envelope, a minimum sideyard setback of ten feet from property line (for an aggregate of twenty feet from sideyard building envelope to building envelope), and fifteen feet of sideyard setback where building envelopes are adjacent to the overall parcel property line. Rear yard building envelopes have been set at a minimum of seventy five feet from the surveyed edge of wetlands and an average of one hundred feet for the overall development. The building envelopes are a minimum of 10,000 sq. ft. Habitable living space has been set at a minimum setback of 100 feet from the underground gas line. The road right-of-way width is fifty feet, with the paved road surface proposed at twenty eight feet in width. A ninety four foot diameter cul-de-sac is proposed at the end of the street system. A planted inner island is proposed at the center of the cul-de-sac to foster the woodland image within the development. In the interests of the City and the gas company, two out- parcels have been created. The largest out-parcel incorporates the wetland corridor to the south. The western out-parcel incorporates the underground gas line. It is intended that all two out-parcels be dedicated to the City of Maplewood in lieu of park fees. Woodhill Planned Unit Development 12/31/03 15 Justification For Deviations From City Code The proposed project deviates from the City code in three areas, they are: 1. The paved road width has been reduced from 36' to 28'. 2. The front yard building envelope setback is twenty five feet from the edge of the paved road surface instead of the right-of-way line. 3. Right of way width has been reduced from 60 ft. to 50 ft. There are a number of supportive arguments for why these changes have been proposed. They can be summarized as follows: 1. Paved Road Width Reduced From 36' to 28' This site has a special character that derives from the extensive woodland frame and the unique wetland environment. Since the development consists of only sixteen homes, the development team felt that a narrower pavement width would be more visually appropriate within this woodland environment. The narrower width also minimizes the extent to which the homes are pushed down the steep sloping terrain thereby reducing the grading footprint and minimizing tree loss. 2. Front yard Building Envelope Setback The front yard building envelope setback of twenty five feet has been taken from the edge of pavement instead of the right-of-way line. The reason for this deviation derives primarily from the need to minimize the extent to which the building site must extend onto the steeply sloping rear yard. The extent of retaining walls, site grading, foundation wall depth and tree loss are all minimized with this deviation. Since the road paving width has also been reduced, this setback adjustment is not significant. Ample space has been allowed for two guest vehicles to park within the front driveway. 4. Right of way reduction Because of the special character that exists on the property with the woodland frame and unique wetland Woodhill Planned Unit Development 12/31/03 16 environment, the right of way is being proposed as a reduction from 60 ft. to 50 ft. Reducing the right of way width minimizes site grading, tree loss, and impacts to wetland areas. Because the paved roadway width reduction and the setback are shown from the paved road, it is a good planning practice to minimize the right of way width as well. In summary, these three deviations from the City code are keeping with all five of the City's findings for approval. This includes the unique nature of the site, consistency with the purposes of the chapter, the equal or superior quality of the proposed development changes, the absence of any significant threat to homeowners, and the demonstrated requirement to meet reasonable and practicable physical development. woodhill Planned Unit Development 12/31/03 17 Attachment 2 240S ` ° LowE R s ooRUND Ro. ~ 8~ ~ ~ ~,. ~ Ov ~ 15 REC7 N,4L ~ Ci LoNDIN w. ® FACILITY 0 HIG° ~ ~ ~'b 3 0 DAY PO ~ , 4 ~ ~~ z ND ~p 5 LN• ~ IAAftY ~ 7 ~ ~ ~ ~ o W. FOND v ~ ' 'q~ ~ 48 0 S O DAY 8 ' ~i~wo ~ a . PONDS OF o aaTnF ~ O ~ CREEK o ~ ~ ~ ~ ~ ~ < p ~ ~ ~EA~~ ~ 3 ° ~ D DR. YIhOD ~ o ~ QAKRIDGE DR. ~ aR W 16 z HlLLwooD ~ 1. HUNTINGTON CT. 2. OAKRIDGE LA ~ 2• ~• HIU- ~ ~~E v ~ . , O 720S uNwo ~` ~• AVE V ~0 ~ a ~o cr. a~. g ~ ~~ ~ ~ ~ W ~ RED ~ K 17 rc. ~c~. S nl~~ ~ 71M BEER ~ g z DR. v PI~IYUS cr. ~ ~ ~ ° ~'• DR ~ 2 I 1. CURRIE CT. 2. VALLEY VIEW CT. VALLEY VIEW ~ 3 W VAL-LEY VIEW AVE. ~ T ER 3 NEIY CENnXIy t,1~ 3. LAKEWOOD CT. AV ~ 2 960S HIGHWOOD ~ ~ ~ ~ i t t dui' - ~ ~ ~ Z ~ N ~~ ~,AVE Q~ ~ AVE. ~ ~ ~ z z o , W ~C. NEAIITZ AVE W z ~ ~ ~ ~ 8 p C ~ J ~ ~ ~ NE~IITZ AvE 18 ~ AVE. ~ ~ SOUTH CREST AVE. oNC HDans Cf. `' V ~. P/~a~on6iw f~? ~ ~~CC % { i~ 4 t ~ ti `.. wr Q~ ~ ~ ,,,,U~D~ ~ € { f ! WI X01 12 0 O S , BOXWOOD AV. ~"' ~R. ~ ' r'~ ! (~~ - € ~- ~ O Z ~ i ! ~. ' 1 ' '"f i i~ ,~~-.,t " 0 W .~.. d' D CARVER AVE. 19 ovERloolc CIR. ~, 3` LOCATION MAP 18 4 N Attachment 3 _ nu ~ 1 ~y ~ n2u ~P ~ k . Q nA _ > °6 'SE O 19 21 e ~ $ 11 ~,, v~ 0 17 18 ~ OUTCOT ~ .~ N Q9 pu 20 ~ Pb + 1 1. nu .8 $ mi dt +y 7 _~ `~ _ 1 H~T+'" ~ ~OUTL 10 mi 7 ~ Pb ~"'~a~ ~ ~ ~yrr ~ ~ w ~nu 2 as ~_~ ~U~~~ ~\7 \7l }, ,n 1}S' M.Y' i1.ZY ~ PA D' }4I} ~ 0 S ~ to 3 tl ~ N 1 L Pu ./ Py ~ 4sA ~ ~ ~ ea3`' ss. Pn 'e~ 7 O }nP}• ca a i V °® <Cl1`3 w rav 8 ) 2 3 i ~.~ ,~ `~ , ~ -_-_' }"' _-- ~os urn. 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SCHALLER DRIVE 5 ~ T ~~ -. _ _ :.5 s S~ I bsA PROPERTY LINE MAP 19 N ~r~iw~ oa 24 .d8 ~' LINWOOD AVE E TIMBER CT - lINWOOD AREA MAP - ~ PRACTICE I RANGE 20 Attachment 5 DEVELOPER ENGINEER SURVEYOR ARCHITECT NEOEGAARD CUSTOM HOMES HUMPHREY ENGINEERING, INC. BOHLEN SURVEYING k ENGINEERING HART HOWERTON 4200 CENTRAL AVENUE NE 145 MAIN STREET, P.O. BOX 252 4735 723RD STREET WEST SUITE 200 30 HOTAUNG PLACE , MINNEAPOLIS, MN 55421 WOODVILLE, WI 54028 SAVAGE, MN 55376 SAN FRANCISCO, CA 94711 763.757.2928 715.698.3440 952 895 9272 . . 415.986.4260 Mt MlER CF 111E MC II{ OF atctlaN 1y r6eH:ar m. aAN9E ~ L~NWOOD AVE. E. fellf4/ GSf IROI YON6IFNT THE NORTH UNE OF THE NWI/4 OF THE NE1/1 DF SEC. 13. 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R. 22 CITY OPEN SPACE i I HEREBY CERTIFY THAT THIS PIAN, SPEC9lGT10N, OR REPORT WAS PREPMED BY ME OR UNDER Mr DIRECT SUPERNSION AND THAT 91sT I AM A OUIY flECI51ERED PROFESSIONAL ENGINEER UNDER THE TAWS OF THE WOODHILL STATE DF M1"NESOTA. - NEDEGAARD CUSTOM HOMES ~~ ~ .IRR DATE REC. NO. 146 1[eln 9troet ~ n P.o. a": ue IanJ su:.e~. MAPLEWOOD, MN ~~ ~ RO1 Treea.w., n awes cee.wouon It.>z.een oec nIe za4-oo7 owc ~ 71s-we-s44o Fu: 716-age-s441 PRELIMINARY PLAT . ,o, ,,,~ ~~, PROPOSED PRELIMINARY PLAT 4 N Attachment 6 .'_...'. - -- _. -- PROPOSED SANITARY SEWER ---.~~~-~--- --~-- PROPOSED SANITARY SEWER • ~ PROPOSED SANITARY SEWER -~-- PROPOSED WATER MAIN _____ CONNECT TO E%ISDNC 12" OIP _____________-______________.___-___________J ~__-__-__-__-_-~__-__---u o. -__~__ 7 i, -- MA/1 ~-,p., UNI~VOOD AVENUE _ __ _ _____ ~ - ~ _-_ ____._ _- ~ ~• r CONNECT TO EIOSDNG SANITARY MANHOLE . ~ MEt1.~H0 ~! ! r - - - ~ 1 - - - '3 5 MH/3 3 _ -t --~ _ ' I I r .'/ ~ ~ BLOCK 1 -~ -- _ i MN~11 _ ~ ~ -- L~ + n / ? --- 6---- 5 ~ ~ --- 4--- 3 ~ ~ ----------- . .. ( ( r3 ~ MH/4 - _________ . j i _ ~ I 1 :, ( ~ r ( i .` ~ r ~ g ~ - _ _ - M ~ ~ ~ ;q \ ______ ~ I~ I _ ```l ~~ 3 _'i i ~ i ~ ~ r i .~ ~ i i __ __- i ~ _ ~ _____ ~ ~ it I ~ ~ ~ i I, ~ ~ 3 ~ ~ --------- ~ 2 ~~ j 1 ~ ------ I 333 ~ i ~ '-- --------- ~ -------- 5 j __ _ ~ = _- i da.¢' ntAiw _.. _. _ y '- 333 ~ ` ~ I I S p WW . -_ ~ i -- - y- y 33 33 ' j• ~~ a• /~ _ ~ _.. _.. ~ 3 ~ ~~.~. j Ili 333 I "t'i"NO I . 33i I ~ 333 ~ I xETtAro .-.. i 333 I i i PROPOSED UTILITY PLAN 22 4 N Attachment 7 r cERnar THAr THIS PUN, sPECIFlanon, )Ri WAS PREPMED BY ME OR UNDER MY DIRECT 'ION M10 THAT I AM A DULY REGISTERED 70NA1 ENGINEER UNDER THE LAWS OF THE T MINNESOTA. REC. N0. 146 Y~In S4aet Ea~lnean P.O. Boz 262 Iaud Sune7on soaawe, wl s4aze coo,wcuon Y.u.iers Bur. 716-eY8-3440 Fez: 7Id-698-3441 PROKCf: WOODHILL NEDEGAARD CUSTOM HOMES MAPLEWOOD, MN GRADING PLAN ~" ~: 4 aRP olECZm er: RLH ooc feE 28h007.OW0 .IOB Hu4Bm: 28h007 PROPOSED GRADING PLAN 23 4 N CITY OPEN SPACE J- Z-a Attachment 8 ------- -- ---- -~-------------------____-__ ...------_--- ------- LINWOOD AVENUE-._-~-- _ .. . -- ---- ---- - --~-_ --,E--w n~Ne--- ----- ----- --~ ~- ---=sue ---- -r - ----- .._.._.. ,~~ vEnAen ~ - ~"~.`-~i 3 3 ~'° _ ~' _ •: sae ~ I ~ ~ _ -r.~~ ~ : en ::. ae }:j yyf ~ 99- - ~ 736 -~?j~ - ~ - F i uC`~I j ~~ S.K s ~ e+ t` »7 73a ~73~31 s27 ---'- ~,. ~ .a ~ ,,. :; „R ! ~' i ._• ~ a~1 i m i '--'---'- ORADIN IT'S ----'--- c . ~ ~-, - I - _ ~~-- 1 i 6D ~ - _ _ _ - , 4,~ 612 7. w t~ sa '~ ~ ORADINO N N3 6A ~ 7 632 ci2 t` `+l 63 3o r~ ~ ` r~ 631 ~ [uww,~a 621 Y,En.ANo ~~ s6o 663 >~ } ~p ~1TOf ~F~ ,y w n NERANp >o< I 7m f;Y T6T 7a I '~~` 702 '~ 696 ~ 699 ~ 697 iEREBY CERTIFY TNAT TNIS PIAN, SPECIFIGTION, ' REPORT Y/AS PREPARED BY NE OR UNOER NY DIRECT PERVISION AND TNAT I AN A DULY RECISTEREp OFESSR7NA1. ENGINEER UNDER THE UYIS OF THE ATE OF NWNESOTA. E REC. NO. - V K9 1 / V C:~6 i a~~,i 6N a 6T1 6B9 a ~q~ ` ~ 6N 67~ uT F~+ 6„C~ 692 S.~ 6Ti 617 ~- S~ 693 ~V~ ~~cc~~,, Cu'+ 6~ ~~ ~ 6N t ~ 6B3 7 ~ 697 NE7L,W0 yw 696 69i CITY OPEN SPACE ~ ~_ 2 -O~ ~' ~ 9 WOODHILL NEDEGAARD CUSTOM HOMES °"~"' ~^ JRR MAPLEWOOD, MN aim ~` Rui TREE INVENTORY ~ ~ ~~~~ .~2 ~~: Y96-007 PROPOSED TREE PLAN 24 4 N Page 1 of 1 Attachment 9 Ken Roberts From: Tina Carstens [tina cLDrwmwd.org] Sent: Thursday, January 22, 2004 1:38 PM To: Ken Roberts Subject: Woodhill Comments Hi Ken, Here are the comments from the Watershed District regarding the Woodhill development. 1. Sill need to receive a full size plan and also an updated erosion control plan for the development. More comments may be generated at the time when those are received. 2. Special features shall be designed and engineered to diffuse all flows from the homes south of the street before hitting the buffer area. The concern here is that concentrated flows will cause tilling and erosion in the buffer area due to lack of ground cover in the shaded buffer. 3. The larger infiltration basin located at the end of the cul-de-sac shall have a piped outlet. Overflow from this basin and others in the development shall be directed to the north. 4. The larger infiltration basin shall have a freeboard of 2 ft above the 100 year flood elevation. 5. Silt fence shall be placed at least 2 feet back from the buffer line. 6. The wetland buffer edge shall be signed at every other lot line. Let me know if you have any questions. Thank you for the opportunity to comment. Tina Carstens Ramsey-Washington Metro Watershed District Permit Program Coordinator 1 /22/2004 25 Attachment 10 Engineering Plan Review PROJECT: Woodhill PROJECT NO: 03-35 REVIEWED BY: Chris Cavett and Erin Laberee, Maplewood Engineering Department DATE: January 22, 2004 Nedegaazd Custom Homes is proposing to develop the property at 2516 Linwood Avenue with 16 single-family lots on a cul-de-sac. Williams Pipeline has an easement and pipelines on the west side of the property and there aze several wetlands on the property. The developer is proposing to incorporate ribbon concrete curb into the street design. In addition, the applicant is proposing rainwater gazdens in the street boulevards as part of the storm sewer system. The ribbon curb will allow storm water to sheet off the street and into rainwater gazdens. The gazdens will catch sediment and allow runoff to infiltrate into the ground instead of flowing directly into a storm sewer system. The proposed design is a benefit to the environment and will improve the quality of water dischazging into the wetlands. It is proposed that the street and utilities be public infrastructure. As such, they aze to be constructed as pazt of a public improvement project with all costs assessed to the developer. The Maplewood Engineering Department will prepare the detailed plans and specifications for the street and utilities. The city will address the many small details of the street and utility plans when the city prepazes the plans and specifications. The developer shall make the changes to the plans and site as noted below and shall address the concerns listed below. The applicant or the applicant's engineer shall address the following issues: Drainage The watershed district has reviewed the proposed plans. It is our understanding that unless the area of direct runoff into the main wetland can be reduced, they are recommending that the proposed storm sewer line be directed to the northern wetland instead of the southern wetland as the plans currently show. The city does have concerns about directing additional drainage to the northern wetlands. If drainage is to be directed to the northern wetland, as the watershed has requested, then the applicant must meet the following conditions: • The rate of dischazge into the northern wetland must be equal to or less than existing conditions. • Resubmit plans showing the revised storm sewer and ponding. • Submit drainage calculations that reflect the revised plans. Model the effect additional runoff will have on the existing wetlands. • If the pond is to remain on the Williams Pipeline easement, an agreement will be required with the pipeline that details the type of pond (wet/dry) to be constructed within their easement. 26 2. Provide an emergency overflow outlet for the pond west of the cul-de-sac, (if it is to remain). Due to the steepness of the site and concerns about erosion, an overflow pipe should be constructed. Again, an agreement with Williams Pipeline will be required. Gradin~& Erosion Control Maintain 3:1 slopes throughout the grading plan. If 3:1 slopes cannot be achieved, the city may require a retaining wall. In areas where 2:1 slopes are appropriate (Block 2, Lot 9), the city will require a specific slope stabilization detail plan that uses permanent soil stabilization blankets and a native seeding plan. The proposed slopes at Block 1, Lot 3 are currently proposed to be 1:1. This area needs to be revised to show 3:1 slopes or the city may require retaining walls. 2. The contractor shall use riprap at all outlets. The riprap will be shown on final plans. 3. A building permit will be required for the proposed retaining wall located north of the wetland since the total height of the wall is greater than four feet. A plan and a specific soil stabilization detail for the wall design will be required as part of the building permit. The city will require a covenant on the adjoining properties to ensure proper installation, maintenance and replacement of the wall. 4. The developer or applicant shall construct any retaining walls during the grading phase of the project, not during the construction of the buildings. 5. The proposed structures on Block 2, Lots 6, 7 and 8 are set too far back on the lots. The city shall require the applicant to shift the structures to the north closer to the street to more closely match the front yard setbacks of the adjacent structures. NOTE: The proposed elevation of the site seems generally too high. The overall site grades would benefit by lowering the street 2 to 3 feet, especially near Block 2, Lots 4 and 5. This would reduce the height of the proposed retaining wall. The 1:1 slopes at Block 1, Lot 3 could also be reduced. This change would help several driveways achieve a positive slope towards the street and other negative driveway slopes could be reduced. Negative driveway grades shall not exceed 5%. Lowering the site also would allow additional runoff from the roofs and front yards to be directed towards the street. This would reduce the amount of runoff sheeting directly into the wetlands, which was a goal of the watershed. Currently, the proposed sanitary sewer is 22' deep at the deepest spot. Lowering the site by several feet also would reduce the depth of the sanitary sewer. 27 Streets 1. The city will require concrete curb around the center island in the cul-de-sac. 2. Provide calculations that support bus-turning movements around the cul-de-sac and center island. 3. Provide the city with an additional copy of the site distance calculations done for the intersection of the proposed street with Linwood Avenue. Misc The proposed plan currently shows the construction of utilities within the Williams Pipeline Easement. A pond and grading also are proposed within the pipeline easement. The applicant shall submit the proposed plans to Williams Pipeline Company for their approval. A written agreement with Williams Pipeline will be required for construction of utilities, ponds and grading within their easement and before the city approves the final plat. 2. A bituminous trail is planned directly over the Williams Pipeline. A written agreement with Williams Pipeline will be necessary for the construction of the proposed trail within their easement and over the pipeline. Verify with the watershed district that the 60 foot buffer around the eastern wetland is adequate. 4. Sewer and water services for the property at 2480 Linwood Avenue shall be constructed as part of this project and will be shown on the final plans. 5. A developer's agreement will be required before final plat approval. This agreement shall detail the payment for or the who will be the responsible parties for following issues: • A landscape plan for the rainwater gardens and cul-de-sac island. • The landscaping to be installed by the developer. • An association to maintain the rainwater gardens and cul-de-sac island. • Wetland signs are required at the edge of the buffer area for each lot abutting the wetlands. • Coordination and installation of private utilities (gas, electric, etc.). 6. Several sanitary sewer manholes should be shifted to reduce the number of manholes required. MH # 11 can be eliminated by moving MH # 10 to the north and connecting the service for Lot 9, just south of the manhole. Shifting MH #6 to the south and connecting it to MH #4 will eliminate MH #5. The water main can then be offset from the sanitary sewer with 11 1/4° bends. 28 Attachment 11 MEMORANDUM TO: Ken Roberts, Maplewood Community Development CC: Ann Hutchinson, Bruce Anderson, Chris Cavett, Erin Schacht FROM: Ginny Gaynor, Open Space Coordinator DATE: 1/21/04 RE: Proposed Woodhill Developme~rt Thank you for the opportunity to review the proposed Woodhill development, which would be adjacent to Applewood Neighborhood Preserve. The primary focus of open space staff and task force review for this development is protecting the uniqueness and high quality of the pond that Applewood Preserve shares with Woodhill Development. Our comments are directed to development's southern wetlands. The best way ensure protection is to: 1. Enforce the 100' wetland buffers. 2. Limit the amount of surface runoff entering the wetland by directing it into rain gazdens and swales for infiltration. Buffers. My understanding from Ramsey-Washington Metro Watershed District is that the three wetlands on the south end of the site all have the same protection - a 100' buffer under Maplewood ordinance. The proposal shows a 100' buffer around the pond and central wetland, and a 60' buffer for the eastern wetland. The eastern wetland is very degraded but has the higher protection because it connects to the other wetlands. Recommendation: The 100' buffer should be strictly enforced on the pond and central wetland. The 100' buffer should be enforced on the east wetland or mitigation should be done that helps protect this series of wetlands. Mitigation might be the donation of the out lots to the city and vegetative improvements to the eastern wetland. If the 60' buffer stands (with or without mitigation) it should be identified as an ordinance deviation in the proposal. In addition, page 2 of the proposal states that the rear yard-building envelope is a minimum of 75' from any wetland. Is this referring to the wetlands along Linwood? As discussed above, the envelope should be a minimum 100' from the southern wetlands. Enforcing Buffers. We are concerned about the difficulty of enforcing the buffer during and after construction. As a no~listurb area, there can be no removal of existing vegetation, no grading, no planting lawns, no installation of patios. A couple of the homes will have only a 10'- 15' strip of yard behind the house. Without educational efforts and design assistance, there may be little compliance with the buffer standards. Recommendation: Enforce consequences for the builder if the buffer is violated during construction. Ensure that prospective homeowners are informed in advance about the wetland buffer and how far from their backdoor they can plant or put patios. Someone should provide landscape design assistance to homeowners for their back yards. 29 Runoff. I understand that the Watershed District has discussed the possibility of adding a shallow berm on the hillside to help slow runoff and reduce gully erosion. We strongly support this idea if the berm is not within the 100-foot wetland buffer. If the city recommends that runoff be piped into the eastern wetland (rather than to storm sewers on Linwood), the eastern wetland would require biological and structural modifications to help slow and filter water before it enters the central wetland. We would hope that before piping runoff here, the city or the developer would run models to determine: 1) how much runoff will enter the wetlands, 2) how water levels might change in the wetlands, and 3) predicted nutrient inputs to these wetlands. Summary This site has one of the most unique and ecologically healthy ponds in Maplewood. Open space staff and task force look forward to working with neighbors to help protect it. 30 Attachment 12 TO: Ken Roberts, Associate FROM: Bruce K. Anderson, Dire DATE: January 22, 2004 SUBJECT: Proposed Woodhill Development I have reviewed the proposed Woodhill development project and applaud their efforts in designing a plat within an extremely sensitive ecological area. I support and wholeheartedly endorse the comments made by open space coordinator Ginny Gaynor in her memo dated January 21, 2004. I would further amplify Ms. Gaynor's comments by stating that the city would waive the park development charges for the 16-lot subdivision with the following understanding: 1. The developer would deed outright to the city Outlot A in the amount of 1.53 acres. 2. The developer would deed outright to the city Outlot B in the amount of 3.47 acres. 3. The developer would work in cooperation with the city to construct a trail at the developer's expense on the west side of the proposed cul-de-sac through Outlot A to the city's border as highlighted in the proposed grading plan. The trail would be constructed of a pervious surface to be designed in cooperation with the city parks and recreation department and would ultimately tie into the proposed trailway corridor system to be constructed at the city's expense onto the city open space property. Should you have any questions regarding my comments, feel free to contact me directly at ext. 2102. kh\woodhill development.parks-openspace.mem c: Ginny Gaynor, Open Space Coordinator 31 Attachment 13 Ken Roberts From: Nate Smith [nate~aarontech.com] Sent: Tuesday, January 13, 2004 12:53 PM To: Ken Roberts Subject: Woodhill Subdivision comments RE: Development of Kayser property at 2516 Linwood Ave. Dear Ken, I'm really bothered by someone trying to stuff 16 houses in an area where there is really only room for less. If someone were asking for relief from city codes for a single lot, I would find it a lot easier to approve it. But for every house in an entire subdivision? The developer is asking to reduce the street width which could result in problems. For example, if someone in the neighborhood has a large gathering there will be many vehicles parked on the street. Any children playing in the area will be more at risk due to the narrower street. The fact that the houses would be built closer (reduced set-back) to the narrower street means that the driveways would be shorter and smaller gatherings would more frequently result in streets crowed with parked vehicles. Additionally, it seems paradoxical to try to preserve the natural features of the land while crowding 16 homes onto it. Instead of altering the code to fit the plan, how about the developer altering the plan to fit the code? I am opposed to these deviations from code being approved. Thank you for your time. Nathan Smith 2546 Beth Court Maplewood, MN 55119 651-730-1800 32 Attachment 14 John Gregerson 2622 Linwood Ave. E. Maplewood, MN 55119 Ken, This is a response to the proposed Woodhill Subdivision, Kayser property, 2516 Linwood Ave. I have great respect for the work done by City planners and the difficulty of trying to please everyone, even anyone. So, I submit these comments with great respect as well even though I disagree with the revised proposal and the staff recommendations. The revised recommendation still allows the developer to profit at the existing resident's expense. - I have the same concerns with the Woodhill proposal as I did with the New Century plan, particularly the variances and changes (access, primarily) to the City master plan and City code that were granted to allow higher density housing. The recommendation to allow setback and road width variances only serve to give the developer the greater profit of selling 171ots and increasing the traffiic loading on Linwood by another 17 households. Linwood already has much more than the planned traffic loading because of other concession made by the city to developers in the past. - Amore appropriate City response, if you care about existing residents, is to offer no additional deviations to City code to developers in South Maplewood. This might mean the Woodhill developer can get only 8-91ots, so be it. That would be in keeping with the special nature of the site and would be easier on the traffic loading of Linwood. The bottomline is: The City shouldn't feel they have to make concessions to developers that hurt current residents. More traffic on Linwood is hurting us. As an alternative, take some traffic offLinwood. - Close the firing range. Yes we can influence the St. Paul police department to move. The Arden Hills ammunitions plant site would be a perfect long term home for the firing range. - Make it more difficult for Woodbury residents to cut across South Maplewood using Linwood. - Put another east-west access through the New Century development. Give the existing residents some compensation for the very real loss in property value due to the high level of traffic on Linwood. Maybe the developers should take it out of their windfall profits due to City concessions. c el ~ ~ `~~~ 1 6 2~~4 J hn Gregerson -.~....- 33 r ~ Attachment 15 ~~~ k' k February 11, 2004 Kenneth Roberts Associate Planner City of Maplewood 1830 East County Road B ~~~ s a ~~~~ Maplewood, MN 55109 RECEIVEfl Dear Ken, On January 28~' 2004, Humphrey Engineering, Inc. received comments from your office pertaining to the proposed subdivision of Woodhill PUD. Enclosed please find 8 copies of the revised Preliminary Plat, Grading Plan and Erosion Control Plan. The following items have been revised on the enclosed plans: • The front yard setback (from a public street right of way) has been shown as a minimum of 20' and a maximum of 45'. • Contour information has been shown for all land that will be disturbed during construction. Rain garden design is pending hydrologic analysis. • The house pad locations for Lots 6, 7, & 8, Block 2 have been revised to save trees and comply with the approved development setback requirements. • The proposed street and driveways grades aze shown. • By lowering the street and raising some of the building pads, the site grading has been minimized north and south of the proposed street to save as many trees as possible. • All common areas have been labeled as outlots. • Dahl Avenue has been labeled on the plans. • The lotline for Lot 8, Block 2 has been revised to be more radial to the street right-of- way. • The north line of Outlot B at Lots 1,2 and 3 of Block 2 has been moved 30 feet north. The cul-de-sac was shifted north to provide more separation from the wetland buffer. If you have any questions or comments, please contact our office. Thank you. Sincerely, Humphrey Engineering 145 Main Street PO Box 252 Woodville, WI 54028 /~ . /2~~------ Jason R. Raverty, PE Project Manager 145 Main Street, P.O. Box 252 ^ Woodville, WI 54028 ^ humphreyengineering.com ^ 715-698-3440 ^ Fax: 715-698-3441 34 Attachment 16 DEVELOPER ENGINEER SURVEYOR NEDEGAARD CUSTOM HOMES HUMPHREY ENGINEERING, INC. BOHLEN SURVEYING k ENGINEERING 4200 CENTRAL AVENUE NE 145 MAIN STREET, P.0. BOX 252 4735 123RD STREET WEST, SUITE 200 MINNEAPOLIS, MN 55421 WOODVILLE, WI 54028 SAVAGE, MN 55378 763.757.2928 715.898.3440 952.895.9212 ARCHITECT HART HOWERTON 30 HOTALJNG PUCE SAN FRANCISCO, CA 94111 415.986.4260 "" 0°"1°` °F TIE "E'" °F LINWOOD AVE. E. gcna" .x row"sr m. AAr~ u FuAq CAtt IR011 MOMIMENT THE NORTH ONE OF THE NM/4 OF 1HE NE7/4 OF SEC. 13, T. 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METLAND , NETLAND 723.61' N 88'34 47" E 823.61 THE SOU1H LINE OF THE NORTH 1/2 OF 1HE NWI/4 OF THE NEt/4 aF SEC. 13, T. 28, R. 22 I ~-1 Z-o~{ 3Y CERTIFY THAT THIS PUN, SPECIFlG710N, 'ORi WAS PREPARED RY ME OR UNDER MY DIRECT ~~: s1sEEr ~; 2 ISION AND TIUT I AM A DULY REGISTERED SIONAI ENGINEER UNDER THE UWS OF THE WOODFIILL 'F ~"""~°`A REG. NO. 145 Pain Street Bagia NEDEGAARD CUSTOM HOMES °""''" ~ p~ ~.. JRR RLH P.o. ea: 262 lfoodville, 11I 34023 Lead SMneyore CoaaWetlca Yaaagara MAPLEWOOD, MN OaG EILC 284-00701YC Bur. 713-398-9440 r.:: 713-398-3441 PRELIMINARY PLAT .ae MMMSER 23,_007 PROPOSED PRELIMINARY PLAT 35 T O,PS' r- 93 99'-- . LZ9' pINNA4E EASEMENT y m +g N_' °.~ 1 _________.1 1 ~ 14817 S.F. ~ 1 IY 0.34 Ac 1 ~ ;~ 9 ;~ 1 / it ~ N d'~ 8 M 16334 S.F. 0.42 Ac. ~ n ~ ~ a: f _ _ \ 3 ~ - M M ~ n N 39'06'27 E - ~^ 88.59' :n 8 ~ ~~ ~r° ~ '~z y ` a'" of ME1lAND b Pi ~~ .. ~~ 7.9r 7 ~I ~ ~~ l ~ E 17562 ~S.F.'' 0.40~c. 1' ~ ( ~ a2 ~~ ~~ ~~ Za ~~ ~z 7~ N W ~ ZF Z 4 N Attachment 17 ~: i e' B17UMM10U3 TRAIE j ~1 ~.. \ \. l~ _ f 1 2--I Z- ~T IY CERTIFY THAT THIS PLW, SPECIFlGTION, ORf WAS PREPARED BY ME OR UNDER MY DIRECT PR0.1ECf: SION AND THAT I AM A DULY REGISTERED ~IONAL ENGINEER UNDE ~~ 51~E'f ~ R THE IAWS OF THE F MHNESOTA WOODHILL REG. NO. 143 Y.in Street &npneen ~ NEDEGAARD CUSTOM HOMES °"""' ~ B"" P.O. Boz 25E 1loodrMle, Trt s402e Loa sur.eyore Cowtructlou Man.~er. MAPLEWOOD, MN ~gfFD ~'~ R~+ 9w: 716-69e-9440 Fu: 7I5-eBe-3441 GRADING PLAN oAC mr: ze4-007. ~~ xuuam: 294-007 PROPOSED GRADING PLAN 36 N Attachment 18 3Y CERTIFY THAT THIS PLAN, SPECIFlCATION, 'ORi WAS PREPARED 9Y ME OR UNDER MY DIRECT ~~ N~ SIONAL ENGINEER UNDEROTHE U'A5 OF ETHE WOODHILL "MI"NESOra NEDEGAARD CUSTOM HOMES ~~ ~ JRR REG. NO. 145 Main Street P.O. Box 252 Sneineere Lnd Surveyors MAPLEWOOD, MN ~~ ~: RLH lfoodville, 111 54029 ConatrucUon Hena`era OaG FllE 294-007 C Sue: 715-999-3449 Fa:: 715-999-9441 EROSION PLAN e s r .w u9BEA: 294-007 37 4 N ------ ~- - Attachment 19 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Bruce Nedegaard applied for a conditional use permit (CUP) for the Woodhill residential planned unit development (PUD). WHEREAS, this permit applies to the 16-lot Woodhill development the city received on January 2, 2004. The legal description is: The North one-half of the West one-half of the NW '/. of the NE '/+ of Section, Township 28, Range 22, according to the US Govemment Survey thereof: and The North one-half of the West one-half of the West one-half of the East one-half of the NW'/. of the NE'/. of Section 13, Township 28, Range 22, according to the US Govemment Survey thereof, in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-7, Block 1 and Lots 1-9, Block 2 of Woodhill) WHEREAS, the history of this conditional use permit is as follows: On February 2, 2004, the planning commission recommended that the city council approve this permit. 2. On , 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, inGuding 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. 38 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2.The proposed construction of the plat must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 4. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front-yard setback (from a public street right-of--way): minimum - 20 feet, maximum - 45 feet b. Front-yard setback (public side street right-of-way): minimum - 20 feet, maximum -none c. Rear-yard setback: 30 feet from any adjacent residential property line d. Side-yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs a# the grading limits. c. Remove the house, any debris or junk from the site. 6. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2004. 39 Attachment 20 ZONING MAP CHANGE RESOLUTION WHEREAS, Maplewood city staff is proposing to change the Maplewood zoning map from Farm Residence (F) to Single-Family Residential (R-1). WHEREAS, this change applies to the property located at 2516 Linwood Avenue in the north one-half of Section 13, Township 29, Range 22, in Maplewood, Minnesota. WHEREAS, the property owner is proposing to plat the property into 16 lots for single dwellings. WHEREAS, the proposed development is known as Woodhill and the new legal description will be: Lots 1 through 7, Block 1, and Lots 1 through 9, Block 2, Woodhill. WHEREAS, the history of this change is as follows: On February 2, 2004, the planning commission recommended that the city council approve the zoning map change. 2. On February _, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: 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. 5. The owner has plans to develop this property for lots for single-family houses. The Maplewood City Council adopted this resolution on , 2004. 40 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, FEBRUARY 2, 2004 VI. NEW BUSINESS a. Woodhill Subdivision (Linwood Avenue) Mr. Roberts said Mr. Bruce Nedegaard, representing Nedegaard Custom Homes, is proposing to develop a 16-lot plat for single dwellings called Woodhill. It would be on a 12.44-acre site on the south side of Linwood Avenue, east of Sterling Street. Mr. Roberts said the developer intends to sell each of the houses and expects that each will sell for at least $400,000. A homeowners' association would own and maintain the landscaping, rainwater gardens and retaining walls. As proposed, the lots in the plat will range from 11,496 square feet to 22,890 square feet with an average lot size of about 15,939 square feet. The city requires each single dwelling lot in the R-1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. All of the proposed lots would meet or exceed the standards in the city code. Commissioner Trippler asked if it was correct that even though it's the homeowners own property within the 100 foot setback for the pristine wetland there can be no development on the 100 feet on the south half of lots 1 and 2 and the south portion of lots 3 and 4? Mr. Roberts said correct. Commissioner Trippler asked if the city thought people would want to buy a house that they can't do anything with except from 5 feet from the back of their house? He said on page 29 of the staff report it says the best way to ensure protection of the wetland is to enforce the 100 foot wetland buffers and to limit the amount of surface runoff entering the wetland by directing it into rain gardens and swales for infiltration. He asked how the city intended to enforce that? Mr. Roberts said the city has this same issue at different developments in Maplewood. He said the city hopes through proper signage and through education that the homeowners realize they cannot do anything to that part of the property. If a complaint should occur that activity has been occurring in a buffer area beyond the signage and limits the city would investigate it. If there is no complaint the city may not know about the occurrence. Mr. Roberts said he thinks people would jump at the chance to look at a wetland and not have the grass or maintenance to deal with as well as not have another home in their backyard. Commissioner Trippler asked what the city could do if someone started mowing the grass in an area where they shouldn't be? Mr. Roberts said the city would try and let the homeowner know what the rules are and handle it that way. If they don't comply the homeowner could end up in court. Commissioner Trippler asked how many cases the city has had go to court for noncompliance of the wetland buffer? Mr. Roberts said there haven't been any cases and that is why the city has been successful in getting compliance and not having to go to court. Commissioner Trippler asked if there were three or four retaining walls planned on page 23 of the staff report? Mr. Chris Cavett, Assistant City Engineering for Maplewood said there are three, three-foot high retaining walls. Commissioner Trippler asked if the three foot high retaining walls pose any type of a safety hazard for children? Mr. Cavett said as long as there isn't a falling hazard over four feet tall, and there is a grassy turf area, then it's typically not a hazard. Mr. Bartol said those retaining walls are on private property and are outside the buffer area. If the homeowner wanted to put some type of railing up to keep from any hazard happening they could do that. Commissioner Dierich asked Mr. Cavett why the retaining walls weren't going to be constructed as far over as lot 1 and how the retaining wall should be stabilized? Mr. Cavett said the reason the retaining walls are proposed is because of the difference in the grade in that location. He said according to the building code any retaining wall four feet and over requires a building permit. However, because of the difference in height the city is going to require a building permit for the three three-foot high retaining walls. As part of the building permit process the applicant would be required to submit details of the design. He said typically a retaining wall like this would require a geogrid, which would help stabilize the soil and would be done by the developer as part of the grading of the site. The other concern was to be a covenant or restriction so the homeowners know who is responsible for long-term maintenance of the retaining wall. Commissioner Dierich said the grading is coming very close to the buffer area on lots 1 and 2. She asked how the city would recommend the homeowners to stabilize the area until vegetation and landscaping was put into place? She said the whole hillside slid into the wetland behind her house and now there isn't much of a wetland left. Her concern is that this wetland has vegetation that isn't any place else in the Ramsey County area. Mr. Cavett said he agrees that this is a big concern of the city and the Watershed District. He said anytime you have construction activity taking place there is the potential for problems especially near buffer areas. There are no guarantees but it will have to be looked at very closely and cared for by the developer and the builder. Commissioner Bartol said in the staff report it states lots 6, 7, and 8 don't comply to the appropriate setbacks, he asked if staff meant lots 5, 6, and 8? Mr. Roberts said that is correct. Commissioner Bartol asked if there was a reason there wasn't a house shown on the plans for Lot 1 Block 1 and Lot 9 Block 2? Mr. Roberts said it his understanding that those are general pads with full basements and lookouts or walkouts would not work there. One of the requirements of the final plans is that all of those details should be shown. Commissioner Bartol asked if there is an anticipated use for the buffer zone north of the wetland area? People are going to walk there so unless there is a plan for people to walk in a specific area they will walk through people's backyards. He said homeowners might be upset having people walk through their property. He asked if Outlot B could be slightly larger to allow actual usable city space north of the pond to accommodate a public path? He said if you don't put a path there people will create their own walking path and will generate an erosion problem. Mr. Roberts said it is staff's opinion that if the trail is built to the cul-de-sac and staff did not anticipate much foot traffic around the north side of the pond. Clearly it's a possibility and Commissioner Bartol raised a good point. Commissioner Bartol said with that many houses and that many kids, not to mention the kids coming over from the New Century development, traffic will increase as the population increases. He said because this is a wooded area it will be a magnet for kids. Mr. Roberts said the public may walk where they want to walk but neither staff nor the parks department anticipated having a trail put there and because of the erosion, buffer area and the sensitivity, he hopes people don't won't walk through peoples property. He said the outlot could possibly be enlarged but he is not sure that would accomplish much. Commissioner Bartol said the single-family lots are already larger than the minimum size, it would give the city greater control over the buffer zone. Mr. Roberts said it would be more under fee ownership verses easement if that was changed, and the question becomes is 10 feet enough space? Chairperson Fischer asked what the paved area of the street would be? Mr. Roberts said the paved area is 28 feet wide instead of the standard 32 feet wide. Chairperson Fischer asked if there would be any problems with on-street parking in this location? Mr. Roberts said 28 feet is wide enough for parking on one side of the street. Chairperson Fischer asked if the city had any plans to visit any of these "no mowing areas" to see if people are complying or not? Mr. Cavett said all the wetland setbacks will have signs as part of the development. One advantage this site would have over other sites is that this will be part of the open space. He spoke with Ginny Gaynor, the Open Space Coordinator, and she said they have volunteers that go through the open spaces to check for those things. He said there will be more eyes policing the area. Neighbors will also be policing the area and the signs indicate what the rules are. Chairperson Fischer asked if neighbors have blown the whistle on other neighbors? Mr. Cavett said the city has received calls from residents asking what was going on and have asked the city to check it out, which keeps the city and the Watershed District more involved. Commissioner Dierich asked if the retaining wall would be built during the grading process or during the construction of the homes? Mr. Cavett said it is important that these retaining walls are built as part of the grading process and not as part of the home construction process. Commissioner Dierich said there are some huge drums in the back yard of the house, she asked what they were used for and if there would be some clean up charges because of pollution? Mr. Roberts said the applicant could address that issue. Chairperson Fischer asked the applicant to address the commission. Mr. Roger Humphrey, Humphrey Engineering, Inc., 145 Main Street, Woodville, Wisconsin, representing the applicant, addressed the commission. He said they have worked very closely with staff and with the Watershed District early in the process and they will do the best they can in addressing the issues. Commissioner Trippler asked what the small rectangles represented on the plans off the back of each house? Mr. Humphrey said originally an architect drew up the plans and the rectangles are depicted on the plans as elevated decks for that type of building and are shown for illustration purposes only. Commissioner Trippler asked how many levels these homes would be? Mr. Humphrey said they would be one and two story homes. Commissioner Trippler asked for an answer regarding what the drums were in the yard of one of the homes? Mr. Humphrey said those drums are salvaged milk tanks that the homeowner used for landscaping purposes. Chairperson Fischer asked the applicant if he had any concerns regarding the conditions listed in the staff report? Mr. Humphrey said no. Commissioner Bartol said he would agree with Commissioner Dierich regarding the concern of the erosion during the construction process. Concerns such as soil run off, concerns for the trees and killing the vegetation. He was glad to see the developer trying to save as many trees as possible. He has seen less challenging conditions where runoff killed the trees. Trees can only tolerate so much silt and dirt on its root system before it gives way and dies. As a result of the construction process in his neighborhood in the Homes of New Century, the trees are dying and falling over and these too were protected areas. Every measure should be taken to save the trees that are marked. As a result of any trees that don't survive the construction process and die there should be a penalty charged to the developer. Commissioner Trippler said there are a lot of things he likes about this proposal but he's going to vote against it. The reason he is against this is there is over 40 feet of elevational drop from the wetland to the top of the hill. To put the three or four houses on lots 1-4 at the 100-foot setback, is courting sheer disaster. Even if the homeowners are conscientious of not going over the 100-foot setback anything they do to their property will end up in the wetland. He said if this is the most pristine wetland left in Maplewood the city is doomed to put this section of homes in this location. Commissioner Dierich said like Commissioner Trippler, she is very nervous about the grading and elevation of these lots and homes. She is also concerned about homeowners having decks on the rear of the property. Commissioner Dierich asked Chairperson Fischer what her opinion was about this proposal? Chairperson Fischer said recognizing the difficult situation with the large drop in elevation, the wetlands, and the pipelines, many things have been addressed in this report. She said if staff is comfortable with the conditions that are listed, than she is comfortable too. Commissioner Dierich moved to approve the resolution starting on page 34 of the staff report. This resolution approves a conditional use permit for a planned unit development for the 16-unit Woodhill development on the south side of Linwood Avenue. The city bases this approval on the findings required by code. Approval is subject to the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction of the plat must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 4. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front-yard setback (from a public street right-of-way): minimum - 20 feet, maximum - 45 feet. b. Front-yard setback (public side street right-of-way): minimum - 20 feet, maximum - none. c. Rear-yard setback: 30 feet from any adjacent residential property line. d. Side-yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove the house, any debris or junk from the site. 6. The city council shall review this permit in one year. Commissioner Dierich moved to approve the Woodhill preliminary plat (received by the city on January 2, 2004). The developer shall complete the following before the city council approves the final plat: (additions to the conditions are underlined). 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations -primarily at the street intersections and at the west end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- footdrainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot. e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, building, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. f. Install survey monuments along the wetland and wetland buffer boundaries. g. Pay the city for the cost of traffic-control, street identification, wetland buffer and no parking signs. h. Provide all required and necessary easements, including any off-site easements. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. Cap and seal all wells on site that the owners are not using; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. k. Complete all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 2. '`Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated January 22, 2004, and shall meet the following conditions: a. A specific detailed erosion control plan shall be submitted for staff approval prior to issuance of a grading permit. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. This shall include changing the house pad locations on Lots 6, 7 and 8, Block 2 so they meet the approved development setback requirements, to more closely match the other house setbacks and orientation on the street. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: • Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. Shows no tree removal beyond the approved grading and tree limits. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. (11) The pipelines and the 8-foot-wide trail from the cul-de-sac to the south property line. 12 The developer is encouraged to make the footprint on lots 1 and 2 on Block 2 as small as possible. a. The street and utility plans shall show: (1) The street shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The street with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary (3) The completion or replacement of the curb on the south side of Linwood Avenue and the restoration and sodding of the boulevards. (4) Water service to each lot. (5) Repair of Linwood Avenue (street and boulevard) after the developer connects to the public utilities and builds the new street. (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (7) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect of the outlets to prevent erosion. (10) The cul-de-sac with a minimum pavement radius of at least 42 feet. (11) Label the street as Dahl Avenue on all construction and project plans. b. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. c. A landscape plan for the areas along the street, including the rainwater gardens and the cul-de-sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2'/z inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label any common areas as outlots. d. Label the street as Dahl Avenue on all plans. e. Change the lot lines for Lot 8, Block 2 so they are more radial to the street right-of-way. f. Move the north boundary of Outlot B north 20 feet behind lots 1, 2, and 3. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: 8. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, landscaping and retaining walls. 9. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 through 7, Block 1 and Lot 9, Block 2 from going onto Linwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. e. Deeds transferring the ownership of Outlots A and B to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 10.Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11.Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Submit to city staff a copy of the written permission from the pipeline company for any grading or construction within the pipeline easement. 13. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. C. Commissioner Dierich moved to adopt the zoning map change resolution on page 36 of the staff report. This resolution changes the zoning map from F (Farm Residence) to R-1 (Single Dwelling Residential) for the proposed Woodhill plat on the south side of Linwood Avenue. The city is making this change because it will: 1. Be consistent with the spirit, purpose and intent of the zoning code. 2. 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 include in the proposed change or plan is adequately safeguarded. 3. Serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. 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. Serve the site better as the owner plans to develop this property for lots for single-family houses. Commissioner Bartol seconded. Ayes - Bartol, Dierich, Fischer Nay - Trippler The motion passed. This item goes to the city council on February 23, 2004. Commissioner Dierich said she would like to thank the staff for a great job on the report. This item has been before the planning commission before and the report was very complete. She also thanked the developer for listening to the past concerns of the commission and incorporating the issues and concerns into this proposal. Agenda # Kl AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 17, 2004 RE: Change of Manager-Chipotle Mexican Grill Introduction Bret Allen Shogren has submitted an application for an intoxicating and Sunday liquor license for Chipotle Mexican Grill located at 2303 White Bear Avenue. Background Mr. Shogren has been residing at his current Minneapolis address for over five years. He is becoming the new manager of the Maplewood Chipotle where he has been working since February of 2001. As part of the investigation the Duluth Police Department was contacted. The records clerk of the Duluth Police Department advised us that she personally new Mr. Shogren very well and spoke very highly of him. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Shogren. During the background check the following organizations were contacted for information regarding the applicant: State and Federal criminal history check, State and Federal wants and warrants, State Motor Vehicle and Drivers License files, Duluth Police Department, St. Paul Police Department and Ramsey, Hennepin and St. Louis Counties. There was nothing found that would prohibit Mr. Shogren from holding a liquor license in the City. He has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Recommendation It is recommended that the City Council approve the liquor license application. Agenda # K2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 17, 2004 RE: Change of Manager-AMF Maplewood Bowl Introduction James Joseph Gartner has submitted an application for an intoxicating and Sunday liquor license for AMF Maplewood Bowl located at 1955 English Street. Background Mr. Gartner has been residing in the metropolitan area for many years. He has been a manager at the AMF Maplewood Bowl for the last four years. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Gartner. During the background check the following organizations were contacted for information regarding the applicant: State and Federal criminal history check, State and Federal wants and warrants, State Motor Vehicle and Drivers License files, the City of Robbinsdale and St. Paul, and Ramsey and Hennepin Counties. There was nothing found that would prohibit Mr. Gartner from holding a liquor license in the City. He has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Recommendation It is recommended that the City Council approve the liquor license application. AGENDA ITEM K-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Patrick Kelly and Sarah Sonsalla, City Attorney's Office SUBJECT: County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08 - a. Resolution Approving Exchange Agreement with Trout Land, LLC b. Resolution Authorizing Proceeding Subsequent Action for Old Highway 61 Property DATE: February 17, 2004 Introduction The County Road D (West) Realignment Improvements, Project 02-08, requires the exchange of property though a legal proceeding to accomplish the necessary right of way acquisition. Approval of two resolutions is needed for this process. Background On November 10, 2003, the city council received a petition from Trout Land, LLC, who purchased the former Frattalone property north of Gulden's restaurant. Trout Land, LLC also has a purchase agreement with the Prokosch family on the north end of the project, making Trout Land, LLC the owner of 95 percent of the project area. They requested that the city proceed with the improvements for realignment of County Road D. The council conducted a public hearing on February 9, 2004, and ordered the project to be constructed. An agreement is proposed with Trout Land, LLC, also known as the Kami property ownership group. Kami has agreed to dedicate the right of way for the County Road D alignment at no charge to the city. In exchange, the city will agree to remove its interest in the property between the frontage road and TH 61, just north of Guldens. The proceeding necessary to allow this to occur is called a Proceeding Subsequent. This tract of land has been encumbered for roadway purposes since the 1930s. When the Highway Department realigned TH 61 in the 1950s, the adjacent ownership became further clouded. The acquisition of the roadway rights was such that the underlying property owner has not been identified since that point. Because the property has had a roadway function since then, there has been little, if any, need to clarify ownership, although records indicate that no one has paid property taxes on the land since the 1930s. With the realigned roadway, the frontage road can be abandoned and the property becomes valuable land to the adjacent property owner. The Exchange Agreement between Kami and the city will accomplish this task. The acreage of the proceeding subsequent area is 2.69 acres. The acreage of the right of way and frontage road area to be conveyed to the city is 2.77 acres. Other considerations given by the developer make the Exchange Agreement advantageous to the city. Other development agreements will be necessary between the city and Kami for right of way on the Prokosch property (the northern portion of the site), and for easement acquisition, grading agreements and drainage acquisition costs. City Council Agenda Background Trout Land Exchange Agreement February 23, 2004 Page Two Budget Impact The expense to litigate the issues is described and estimated in the attached memorandum from Patrick Kelly and Sarah Sonsalla. They estimate the proceeding subsequent dealings to cost $10,000, which will be paid by Trout Land, LLC. The city will acquire more property from Trout Land, LLC for right of way than it will vacate interest in. There is no expense for right of way on this portion of the project. Additionally, the proceeding subsequent property was not owned by the city and thus could not be sold for development. Trout Land also agrees to the assessments as identified within the preliminary report. All costs are consistent with the assumptions within the preliminary report. Recommendation It is recommended that the City Council adopt the attached resolutions approving the Exchange Agreement with Trout Land, LLC, and approving authorization for proceeding subsequent action for the Old Trunk Highway 61 Property. 1w Attachments: Resolutions (2) Location Map Exchange Agreement with Trout Land LLC Memorandum on Proceeding Subsequent Action from City Attorney RESOLUTION APPROVING EXCHANGE AGREEMENT WITH TROUT LAND, LLC WHEREAS, pursuant to resolution of the council adopted February 9, 2004, the City Council ordered the construction of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorized the acquisition of the necessary right of way for the making of said improvement, WHEREAS, the City Attorney and City Engineer have prepared an agreement, called Exchange Agreement, with Trout Land, LLC for the exchange of property for the purpose of the necessary right of way for a portion of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Said Exchange Agreement is hereby adopted and approved. The Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. 2. Approval is contingent upon payment of proceeding subsequent costs by Trout Land, LLC for all attorney and staff costs, estimated at $12,000. Approved this 23rd day of February 2004. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION No. RESOLUTION AUTHORIZING PROCEEDING SUBSEQUENT ACTION FOR OLD HIGHWAY 61 PROPERTY WHEREAS, the State of Minnesota has quit claimed its easement interest to the old Highway 61 property to the City of Maplewood, said easement interest has encumbered the City's project, Project No. 02-08 for public benefit; WHEREAS, fee title to the Property is needed for orderly development within the City and forpublic health, safety and welfare; WHEREAS, the City is in the process of acquiring right-of--way necessary for its County Road D Realignment project, Project No. 02-08; WHEREAS, Trout Land, LLC is the fee owner ofproperty that is necessary forright-of--way in order to complete Project No. 02-08; WHEREAS, Trout Land, LLC and the City have agreed to enter into an Exchange Agreement which provides for the necessary and proper construction of County Road D, where Trout Land, LLC will convey to the City requiredright-of- way in exchange for fee title to the old Highway 61 property; WHEREAS, the exchange between Trout Land, LLC and the City represents a fair market exchange ofproperty and is in lieu of eminent domain proceedings pursuant to Minnesota Statute Section 117.01, et. al. of Trout Land, LLC's property; and THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF MAPLEWOOD, MINNESOTA The City shall authorize the City Attorney to initiate the proceeding subsequent action in Ramsey County District Court required to obtain fee title to the old Highway 61 property. 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"~k ~ ~ ~~. ~r_ 1 MEMORANDUM TO: Chuck Ahl, Director of Public Works FROM: Patrick Kelly and Sarah Sonsalla, Kelly & Fawcett RE: City of Maplewood -Highway 61 DATE: February 13, 2004 History of the Old Highway 61 Property The old Highway 61 property (located on the westerly side of the current Highway 61, between Gulden's and Sparkle Auto) was acquired by the State of Minnesota for highway purposes through condemnation proceedings in 1935. In these proceedings, the State acquired an easement interest over the property for public right-of-way purposes. In 1957, the State acquired additional property for the current Highway 61 through condemnation proceedings. After the current Highway 61 was constructed, the old Highway 61 property was no longer of use to the State. The State turned the property back to the City of Maplewood in 1988 through a quit claim deed. The City researched the deed and determined that the transfer was not fee title. Therefore, the property cannot be utilized or developed for any purpose. Recommendation The following is our recommendation of an approach, which would allow the City to acquire fee title to the old Highway 61 property and exchange it for necessary right-of-way for the new County Road D. It is an alternative to the City instituting condemnation proceedings on the new County Road Dright-of-way. Although it is a unique and unusual approach, these factors are balanced with the potential cost savings to the public. Exchange Agreement The City currently holds the State's easement interest on the old Highway 61 property. It is our information that Trout Land, LLC owns the abutting property to a large portion of the old Highway 61 propertyon the west side of Highway 61. The City would like to acquire property from Trout Land, LLC in orderto complete its project for a better designed County Road D. In exchange for the property to be used for new County Road D, the City and Trout Land, LLC have agreed that the City would obtain fee title to the old Highway 61 property and convey it to Trout Land, LLC. This exchange has been outlined in the Exchange Agreement to be executed by the City and Trout Land, LLC. Proceeding Subsequent In order to accomplish this exchange, the City and Trout Land, LLC have agreed to initiate a proceeding subsequent in Ramsey County District Court. The City has agreed to assist Trout Land, LLC in this process pursuant to the terms in the Exchange Agreement. The proceeding subsequent requests thatthe Courtordera new certificate of title for the old Highway 61 property in Trout Land, LLC's name as the abutting landowner. Interested parties must be notified of this proceeding and a hearing must be held with the Examiner of Titles before a new certificate of title can be ordered by the Court. In order to effectuate the issuance of a new certificate of title in Trout Land, LLC's name, the underlying fee owners of the old Highway 61 property (the heirs of Rufus Jefferson in Hillsborough County, Florida) must be notified of the proceeding subsequent. The City has contacted Hillsborough County Court in Florida and made a request for any probate files on Rufus Jefferson's children. If such probate files exist, Trout Land, LLC will be required to name the children as defendants in its proceeding subsequent and serve them. If there are not any probate files, Trout Land, LLC will only need to serve the underlying fee owners by publication. The landowners on the east side of the current Highway 61 must also be notified of the proceeding subsequent since they may have an interest in the old Highway 61 property as abutting landowners. In order to resolve this issue, the City has met with the abutting landowners (Kline Volvo and Lexus of Maplewood), explained the process and requested a quitclaim deed from them. The City has obtained a quitclaim deed from Lexus of Maplewood, which quit claims, any interest that it would have in the old Highway 61 property. The City is also in the process of obtaining a quitclaim deed from Kline Volvo. Therefore, the abutting landowners on the easterly side of the new Highway 61 will not be bringing any claim to the old Highway 61 property at the proceeding subsequent. After the underlying property owners and abutting landowners are served, the proceeding subsequent would be heard by the Ramsey County Examiner of Titles. If no objections are brought by any named parties, the Examiner of Titles would then issue court order to issue a certificate of title in Trout Land, LLC's name for the old Highway 61 property. After Trout Land, LLC receives this certificate of title, it will convey to the City the property necessary to construct the new County Road D. The City wil I then vacate its easement interest on the old Highway 61 property. Trout Land, LLC will then have title to the old Highway 61 property without it being subject to the City's easement interest and the property could then be developed. Costs We estimate the legal fees and costs from this dayforward of bringing the proceeding subsequent not to exceed $10,000.00, provided that no issues are raised by the underlying fee owners of the property. As always, we will try to keep the fees and costs under budget. AGENDA NO. K-4 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Preliminary Approval for Issuance of Refunding Bonds DATE: February 13, 2004 Bonds are proposed to be issued to refinance the General Obligation Improvement Bonds Series 1995A and the General Obligation Fire Safety Bonds Series 2000A. Issuance of the refunding bonds will allow the city to take advantage of interest rates that are lower than when the 1995 and 2000 bonds were issued. As a result the city will save approximately $255,279 of interest and the present value of this savings is $129,362. The attached 15-page report prepared by Springsted Inc. provides additional information. It also suggests a bid award on the bond sale at a special Council meeting at 5:00 p.m. on Thursday, March 18 which is the same date as the regular pre-agenda meeting. It is recommended that the City Council (A) schedule a special Council meeting at 5:00 p.m. on Thursday, March 18 for a bid award on the bond issue and (B) adopt the attached resolution which provides preliminary approval for the sale of the bonds and authorizes Springsted to solicit bids. P:\FINANCE\WORD\PERM\04BONDS1.DOC 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101-2887 651-223-3000 FAX:651-223-3002 E-MAIL: advisors(~springsted.com S rhg February 13, 2004 Mr. Dan Faust, Finance Director City of Maplewood 1830 East Gounty Road B Maplewood, MN 55109-2797 Re: Recommendations for the Issuance of $2,930,000 General Obligation Refunding Bonds, Series 2004A Dear Mr. Faust: We have enclosed one electronic copy of our recommendations for the above-captioned issue for distribution to Council members and City staff prior to your meeting on Monday, February 23, 2004. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, Christine M. Hogan Project Manager mb Enclosures Recommendations For City of Maplewood, Minnesota $2,930,000 General Obligation Refunding Bonds, Series 2004A Presented to: Mayor Robert Cardinal Members, City Council Mr. Richard Fursman, City Manager Mr. Dan Faust, Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109-2797 Study No.: M140812 SPRINGSTED Incorporated February 13, 2004 SPRINGSTED Advisors to the Public Sector RECOMMENDATIONS Re: Recommendations for the Issuance of: $2,930,000 General Obligation Refunding Bonds, Series 2004A (the "Bonds" or the "Issue") We respectfully request your consideration of our recommendations for the above-named Issue. Bond proceeds will be used to refund (i) the February 1, 2006 through 2016 maturities of the Gity's General Obligation Improvement Bonds, Series 1995A, (the "Series 1995A Bonds") dated September 1, 1995 and; (ii) the February 1, 2010 through 2021 maturities of the City's General Obligation Fire Safety Bonds, Series 2000A, (the "Series 2000A Bonds") dated June 1, 2000. The Series 1995A Bonds and the Series 2000A Bonds are hereinafter together referred to as the "Refunded Bonds". The refunding is being undertaken to achieve interest cost savings. We recommend the following for the Bonds: Action Requested 2. 3 4. 5. 6 Sale Date and Time Authority for the Bond Issues Principal Amount of Offerings To establish the date and time of receiving bids and establish the terms and conditions of the offering. Thursday, March 18, 2004 at 10:00 A.M., with consideration for award by the City Council at 5:00 P.M. that same day. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. $2,930,000 Included in the Terms of Proposal for the Bonds is a provision that permits the City to increase or reduce the principal amount of the Bonds in any of the maturities. This allows for any necessary adjustments required based on final interest rates, issuance costs and the final investment rate for the escrow account. Repayment Terms The Bonds will mature annually February 1, 2006 through 2021. Interest will be payable semi- annually each February 1 and August 1, commencing August 1, 2004. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being City of Maplewood, Minnesota February 13, 2004 7. Security and Source of Payment (a) Security 8 9 10 (b) Source of Payment offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bands to the best bid regardless of whether term bonds are chosen or not. The Bonds will be general obligations of the City. The Bonds will be repaid with ad valorem property taxes. In addition, special assessments originally pledged to the Series 1995A Bonds will also be used. Prepayment Provisions The City may elect on February 1, 2014, and on any date thereafter, to prepay the Bonds due on or after February 1, 2015, at a price of par plus accrued interest. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's current general obligation credit rating is "Aa2". Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from .income for federal income tax purposes, expense that is allocable to carrying and acquiring tax-exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City expects to issue more than $10 million of tax-exempt obligations in 2004 this Issue will be designated as nat bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. The proceeds of the Bonds will be placed in an escrow account and invested at a yield no greater than the yield on the Refunding Bonds. Therefore, the Bonds will not generate any arbitrage. Page 2 City of Maplewood, Minnesota February 13, 2004 (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and/or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects originally financed by the Refunded Bonds. Since the average life of the Bonds is less than the average life of the Refunded Bonds, the Bonds are within the economic life requirement. 11. Continuing Disclosure The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission. The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. In the past, the City has indicated that it will manage its own continuing disclosure matters. We understand that the City will continue that practice with this Issue. 12. Attachments Refunding Schedules • Terms of Proposals DISCUSSION The proceeds of the Bonds, together with a city contribution of $284,000, will be used to refund (i) the February 1, 2006 through 2016 maturities of the Series 1995A Bonds and (ii) the February 1, 2010 through 2021 of the Series 2000A Bonds (collectively referred to as the "Refunding Bonds"). This refunding is being undertaken to allow the City to take advantage of lower interest rates and achieve interest cost savings. The issuance of the Bonds is being conducted as a crossover refunding, in which the proceeds of the Bonds (new issue) are placed in an escrow account with a major bank and invested in government securities. These securities and their earnings are structured to pay interest on the new bonds until the first optional prepayment date (call date) of the Refunded Bonds (old issue), at which time the escrow account will crossover and prepay the remaining principal of the Refunding Bonds. The City will continue to pay the originally scheduled debt service on the Refunded Bonds until the call dates of February 1, 2005 for the Series 1995A Bonds and February 1, 2009 for the Series 2000A Bonds. After their respective call dates, the City will cross over and begin making debt service payments on the Bonds, taking advantage of the lower interest rates. Page 3 City of Maplewood, Minnesota February 13, 2004 Based on current interest rate estimates, the refunding is projected to result in the City realizing cash flow savings that will average approximately $43,800 annually for years 2006 through 2016 and $11,000 annually for the remaining five years. After deducting the cash contribution by the City, this results in future value savings of approximately $255,300, with a net present value benefit to the City of approximately $129,400. These estimates are net of all costs of issuance associated with the Bonds. The attached refunding analysis assumes the Escrow Fund is invested in State and Local Government Series (SLG's). After discussion with City staff it was suggested that Springsted should explore investing the Escrow fund for the Bonds in a Guaranteed Investment Contract (GIC) in an effort to maximize savings resulting from the refunding. If it is determined that a GIC is the appropriate investment option, in order to increase savings, Springsted staff would facilitate the purchase of a GIC at the City's direction. Based on information provided to us by the City, we have recalculated the assessment income from the projects financed by the Series 1995A Bands for the purpose of estimating the City's future levy requirements for the Bonds. See page 10. We have attached a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Bonds. These schedules include the following information about the Bonds: • Preliminary Feasibility Summary: indicates the sizing of the Bonds, savings data and bond data -page 5 • Prior Original Debt Service: shows the existing debt service requirements on the Refunded Bonds without arefunding -pages 6 and 7 • Debt Service to Maturity and to Call: shows the Refunded Bonds' remaining debt service to maturity and to the call date -pages 8 and 9 • Net Debt Service Schedule: shows (i) the new debt service on the Bonds, based on current estimated interest rates; (ii) the scheduled debt service due on the Refunded Bonds; (iii) the current projection of assessment income; and (iv) the projected net levy requirements for the Bonds -page 10 • Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Bonds to the Refunded Bonds -page 11 The success of a refunding transaction is dependent upon the interest rate market. We will continue to monitor this transaction between now and the time the Bonds are offered for sale. Springsted Incorporated is pleased to again be of service to the City of Maplewood. Respectfully submitted, a ~. ', ~., ~l - -~ - _ °°` r` SI'RINGST~ Incorpo mb Page 4 Preliminary 2,9~a,aaa Gity of Maplewood, Minnesota General obligation Refunding Bonds, Series 20t:?4A Crossover Refunding of Series 1995A and 2000A Preliminary Feasibility Summary Dated 04/01/2004 i Delivered t)4115/2t?04 Refund Refund Issue 1995A 2000A Summary SOURCES OF FUNDS Par Amount of Bonds .......................................................................... $220,004.00 $2,710,000.00 $2,930,000.00 Planned Issuer Equity contribution ...................................................... 284,000.00 - 284,000.00 Accrued Interest from 0410112004 to 04115/2004 ................................ 242.67 3,939.44 4,182.11 TOTAL. SOURGES .............................................................................. $504,242,67 $2,713,939.44 53,218,182.11 USES OF FUNDS Deposit to Grossover Escrow Fund ..................................................... 495,543.57 2,654,411.98 3,149,955.55 Costs of Issuance ................................................................................ 2,584.16 31,585.84 34,150.00 Total Underwriter's Discount (1.1Q0%) ............................................... 2,420.00 29,810.00 32,230.00 RoundingAmOUnt ................................................................................ 3,714.94 {1,868.38) 1,846.58 TOTAL USES ...................................................................................... 5504,242.67 52,713,939.44 $3,218,182.11 ISSUES REFUNDED AND CALL INFORMATION Prior Issues' Call Prices ................................................................. 100.00°Jo 100.00% Prior Issues' Call Dates .................................................................. 2!112005 2/1/2009 SAVINGS INFORMATION Net Future Value Benefit ..................................................................... 5121,014.94 $134,264.12 $255,279.08 Net Present Value Benefit ................................................................... 539,498.06 $89,863.81 5129,361.87 Net PV Benefit i PV Refunded Debt Service ....................................... 7.502°!° 3.792°1° 4.466°f° BOND STATISTICS Average Life ........................................................ ................................ 6.833 Years 11.752 Years 11.383 Years Average Coupon ................................................. ................................. 3.1875831°!° 3.8784421°k 3.8473015°l° Net Interest Cost {NIC) ........................................ ................................ 3.3485588°l° 3.9720420°f° 3.9439383% True Interest Gast {TIC} ...................................... ................................. 3.3484187°J° 3.9741984°l0 3.9437828% All Inclusive Cost (AtC) ....................................... ................................. 3.5474878% 4.1027577°I° 4.0757018% (The estimated savings results of the refundingare subject to market conditions. Belles <".'J9 kef7995A 21X7 J Lxwe SUrrunvry 1 2f10/2004 J 71:38AA3 Page 5 Preliminary 915,000 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 1995A Prior Original Debt Service Date Principal Coupon Interest Total P+I 02/01!2005 45,000.00 5.000% 29,745.00 74,745.00 02/01/2006 45,000.00 5.100% 27,495.00 72,495.00 02/01 !2007 45,000.00 5.200% 25,200.00 70,200.00 02!01 /2008 45,000.00 5.300 % 22,860.00 67,860.00 02!0112009 45,000.00 5.400% 20,475.00 65,475.00 02/01!2010 45,000.00 5.500% 18,045.00 63,045.00 02!01 /2011 45,000.00 5.600% 15,570.00 60,570.00 02101 /2012 45,000.00 5.700% 13,050.00 58,050.00 02/01(2013 45,000.00 5.750 % 10,485.00 55,485.00 02/01/2014 45,000.00 5.800 % 7,897.50 52,897.50 02/01 /2015 45,000.00 5.850% 5,287.50 50,287.50 02(01 /2016 45,000.00 5.900% 2,655.00 47,655.00 Total $540,000.00 - $198,765.00 $738,765.00 Yield Statistics Average Life .......................................................................................................................................................................... 6.333 Years Weighted Average Maturity (Par Basis) ................................................................................................................................. 6.294 Years Average Coupon ................................................................................................................................................................... 5.6668860% Refunding Bond Information Refunding Dated Date ........................................................................................................................................................... 4/01/2004 Refunding Delivery Date ....................................................................................................................................................... 4/15/2004 eerier I995A / SINGLEFURFO.cE / 2/10/ZD04 j 10.~49fttY1 Page 6 Preliminary 3,540,000. City of Maplewood, Minnesota General Obligation Fire Safety Bonds, Series 2000A Prior Original Debt Service Date Principal Coupon Interest Total P+I 02/01 /2005 120,000.00 5.750% 180,705.00 300,705.00 02/01 /2006 125,000.00 5.500% 173,805.00 298,805.00 02/01 /2007 130,000.00 5.750% 166,930.00 296,930.00 02/01 /2008 140,000.00 5.500% 159,455.00 299,455.00 02!01!2009 150,000.00 5.500 % 151,755.00 301,755.00 02/01 /2010 155,000.00 5.500% 143,505:00 298,505.00 02/01 /2011 165,000.00 5.500% 134,980.00 299,980.00 02/01 /2012 175,000.00 5.500% 125,905.00 300,905.00 02101 /2013 185,000.00 5.500% 116,280.00 301,280.00 02/01 /2014 195,000.00 5.500% 106,105.00 301,105.00 02/01/2015 205,000.00 5.500% 95,380.00 300,380.00 02/01 /2016 215, 000.00 5.550% 84,105.00 299,105.00 02/01/2017 225,000.00 5.600% 72,172.50 297,172.50 02/01 /2018 240,000.00 5.650% 59,572.50 299,572.50 02/01 /2019 255,000.00 5.700% 46,012.50 301,012.50 02/01 /2020 265,000.00 5.750% 31,477.50 296,477.50 02/01 /2021 280,000.00 5.800% 16,240.00 296,240.00 Total $3,225,000.00 - $1,864,385.00 $5,089,385.00 Yield Statistics Average Life ........................................................................................................................................................................ 10.102 Years Weighted Average Maturity (Par Basis) .............................................................................................................................. 10.063 Years Average Coupon ................................................................................................................................................................. 5.6304735% Refunding Bond Information Refunding Dated Date ........................................................................................................................................................ 4/01/2004 Refunding Delivery Date ..................................................................................................................................................... 4!15!2004 Seeie.~Z000A ~ FINGLEFVRPOSE ~ 2/10/2004 / J0;45AM SP~i~ l<~ €s.^~"€~ A ::~,~,,,.:. ,~ne5r., s. co. Page 7 Preliminary 915,000 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 1995A Debt Service To Maturity And To Call Date Refunded Interest to Bonds Call D/S To Call Principal Coupon Interest Refunded D/S 08/01/2004 - 13,747.50 13,747.50 - - 13,747.50 13,747.50 02/01/2005 495,000.00 13,747.50 508,747.50 - 5.000% 13,747.50 13,747.50 08/01/2005 - - - - - 13,747.50 13,747.50 02/01/2006 - - - 45,000.00 5.100% 13,747.50 58,747.50 08(01!2006 - - - - - 12,600.00 12,600.00 02/01/2007 - - - 45,000.00 5.200% 12,600.00 57,600.00 08/01 /2007 - - - - - 11,430.00 11,430.00 02/01/2008 - - - 45,000.00 5.300% 11,430.00 56,430.00 08/01/2008 - - - - - 10,237.50 10,237.50 02/01/2009 - - - 45,000.00 5.400% 10,237.50 55,237.50 08/01/2009 - - - - - 9,022.50 9,022.50 02!01!2010 - - - 45,000.00 5.500% 9,022.50 54,022.50 08/01/2010 - - - - - 7,785.00 7,785.00 02/01/2011 - - - 45,000.00 5.600% 7,785.00 52,785.00 08/01/2011 - - - - - 6,525.00 6,525.00 02/01/2012 - - - 45,000.00 5.700% 6,525.00 51,525.00 08/01/2012 - - - - - 5,242.50 5,242.50 02/01/2013 - - - 45,000.00 5.750% 5,242.50 50,242.50 08/01/2013 - - - - - 3,948.75 3,948.75 02101!2014 - - - 45,000.00 5.800% 3,948.75 48,948.75 08!01!2014 - - - - - 2,643.75 2,643.75 02/01{2015 - - - 45,000.00 5.850% 2,643.75 47,643.75 08!01 /2015 - - - - - 1,327.50 1,327.50 02/01/2016 - - - 45,000.00 5.900% 1,327.50 46,327.50 Total $495,000.00 $27,495.00 $522,495.00 $495,000.00 - $196,515.00 $691,515.00 Yield Statistics Average Life ........................................................................................................... ............................................................. 6.833 Years Weighted Average Maturity (Par Basis) .................................................................. ............................................................. 6.794 Years Average Coupon .................................................................................................... .............................................................. 5.6742794% Refunding Bond Information Refunding Dated Date ............................................................................................ ............................................................. 4/01/2004 Refunding Delivery Date ........................................................................................ .............................................................. 4/15/2004 Series 1995A / fINGLEPURF'Ot~' ~ 3/)O_~Z0~4 1 7D; 4u^9~YF :: ~~~i~~e ~~~~~~t~ dErirnr. a~ r;,c Mdac >~ssc. Page 8 Preliminary 3,540,000 City of Maplewood, Minnesota General Obligation Fire Safety Bands, Series 2000A Debt Service To Maturity And To Call Date Refunded Bonds Interest to CaII D/S To Call Principal Coupon Interest Refunded D/S 08101 /2004 - 71,752.50 71,752.50 - - 71,752.50 71,752.50 02/01 /2005 - 71,752.50 71,752.50 - 5.750% 71,752.50 71,752.50 08/01 /2005 - 71,752.50 71,752.50 - - 71,752.50 71,752.50 02/01/2006 - 71,752.50 71,752.50 - 5.500% 71,752.50 71,752.50 08/01 /2006 - 71,752.50 71,752.50 - - 71,752.50 71,752.50 02/01/2007 - 71,752.50 71,752.50 - 5.750% 71,752.50 71,752.50 08101/2007 - 71,752.50 71,752.50 - - 71,752.50 71,752.50 02/01/2008 - 71,752.50 71,752.50 - 5.500% 71,752.50 71,752.50 08101 /2008 - 71,752.50 71,752.50 - - 71,752.50 71,752.50 02/01/2009 2,560,000.00 71,752.50 2,631,752.50 - 5.500% 71,752.50 71,752.50 08101 /2009 - - - - - 71,752.50 71,752.50 02/01/2010 - - - 155,000.00 5.500% 71,752.50 226,752.50 08/01/2010 - - - - - 67,490.00 67,490.00 02/01/2011 - - - 165,000.00 5.500% 67,490.00 232,490.00 08/01/2011 - - - - - 62,952.50 62,952.50 02/01/2012 - - - 175,000.00 5.500% 62,952.50 237,952.50 08/01/2012 - - - - - 58,140.00 58,140.00 02/01/2013 - - - 185,000.00 5.500% 58,140.00 243,140.00 08/01/2013 - - - - - 53,052.50 53,052.50 02/01/2014 - - - 195,000.00 5.500% 53,052.50 248,052.50 08/01!2014 - - - - - 47,690.00 47,690.00 02/01!2015 - - - 205,000.00 5.500% 47,690.00 252,690.00 08!01!2015 - - - - - 42,052.50 42,052.50 02!01/2016 - - - 215,000.00 5.550% 42,052.50 257,052.50 08/01/2016 - - - - - 36,086.25 36,086.25 02!01/2017 - - - 225,000.00 5.600% 36,086.25 261,086.25 08/01/2017 - - - - - 29,786.25 29,786.25 02/01/2018 - - - 240,000.00 5.650% 29,786.25 269,786.25 08/01/2018 - - - - - 23,006.25 23,006.25 02101!2019 - - - 255,000.00 5.700% 23,006.25 278,006.25 08/01/2019 - - - - - 15,738.75 15,738.75 02/0112020 - - - 265,000.00 5.750% 15,738.75 280,738.75 08/01/2020 - - - - - 8,120.00 8,120.00 02(01/2021 - - - 280,000.00 5.800% 8,120.00 288,120.00 Total $2,560,000.00 $717,525.00 $3,277,525.00 $2,560,000.00 - $1,749,260.00 $4,309,260.00 Yield Statistics Average Life ...................................................................................................................................................................... 11.960 Years Weighted Average Maturity (Par Basis) ............................................................................................................................. 11.921 Years Average Coupon ................................................................................................................................................................ 5.6349981% Refunding Bond Information Refunding Dated Date ....................................................................................................................................................... 4/01/2004 Refunding Delivery Date .................................................................................................................................................... 4/15/2004 Series ZOOOA / SLYGL£, f'U17POSE / 2/l0/L-004 / 70.~4.~tLYI o`~ ~~fl ~lt~da'~~~t:J`~ dlraa_ .~ m.~§Pa Szavr Page 9 'L' C .~ .~ d ~' o °a c~ a N O N -~ ~ ~ ~ ~N t0 ~ ~ ~ f N .~ ~ Q~ C „' _Q ~ w ~ ~ ~, ~' C c~l O ~ ~i - ~~ .~ o v fJ ~ N Q 0 'Q~ ~` W _ ______ ~p CS? 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02/01/2006 127,540.00 (101,300.00} 298,805.00 325,045.00 371,300.00 46,255.00 02101/2007 127,250.00 (101,300.00} 296,930.00 322,880.00 367,130.00 44,250.00 02/01/2008 126,900.00 (101,300.00} 299,455.00 325,055.00 367,315.00 42,260.00 02!01/2009 126,470.00 (2,661,300.00) 2,861,755.00 326,925.00 367,230.00 40,305.00 02/0112010 310,980.00 - - 310,980.00 361,550.00 50,570.00 02/01/2011 310,445.00 - - 310,445.00 360,550.00 50,105.00 02/0112012 314,145.00 - - 314,145.00 358,955.00 44,810.00 02101/2013 312,105.00 - - 312,105.00 356,765.00 44,660.00 02101(2014 314,455.00 - - 314,455.00 354,002.50 39,547.50 02!0112015 311,112.50 - - 311,112.50 350,667.50 39,555.00 02/01/2016 307,232.50 - - 307,232.50 346,760.00 39,527.50 02/01/2017 287,800.00 - - 287,800.00 297,172.50 9,372.50 02/01/2018 288,517.50 - - 288,517.50 299,572.50 11,055.00 02/01/2019 288,595.00 - - 288,595.00 301,012.50 12,417.50 02!01!2020 283,012.50 - - 283,012.50 296,477.50 13,465.00 02101!2021 286,962.50 - - 286,962.50 296,240.00 9,277.50 Total $4,213,139.17 (3,549,816.67) $4,627,395.00 $5,290,717.50 $5,828,150.00 $537,432.50 PV Analysis Summary (Net to Net} Net FV Cashflow Savings ................................................................................................................................................... 537,432.50 Gross PV Debt Service Savings ......................................................................................................................................... 411,515.31 Net PV Cashflow Savings @ 3.821%{Bond Yield) ............................................................................................................ 411,515.31 Total Cash contribution ...................................................................................................................................................... {284,000.00) Contingency or Rounding Amount ...................................................................................................................................... 1,846.56 Net Future Value Benefit .................................................................................................................................................... $255,279.06 Net Present Value Benefit .................................................................................................................................................. $129,361.87 Net PV Benefit / $867,034.36 PV Refunded Interest .......................................................................................................... 14.920% Net PV Benefit 1$2,896,633.78 PV Refunded debt Service ............................................................................................... 4.466°~ Net PV Benefit / $3,055,000 Refunded Principal ............................................................................................................... 4.234°I° Net PV Benefit / $2,930,000 Refunding PrincipaL ............................................................................................................. 4.415% Refunding Bond Infonnation Refunding Dated Date ................:....................................................................................................................................... 4/01/2004 Refunding Delivery Date .................................................................................................................................................... 4/15!2004 (The estimated savings results ofthe refunding are subject to market conditions. Series 2004 Ref 1995A 200 J Issue Summary / 2/70/2004 J 11:36 AM Page 11 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,930,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, March 18, 2004, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651 } 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated April 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $20,000 2010 $205,000 2014 $235,000 2018 $245,000 2007 $20,000 2011 $210,000 2015 $240,000 2019 $255,000 2008 $20,000 2012 $220,000 2016 $245,000 2020 $260,000 2009 $20,000 2013 $225,000 2017 $235,000 2021 $275,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sate. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. Page 12 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2014, and on any day thereafter, to prepay Bonds due an or after February 1, 2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to refund the (i) February 1, 2006 through February 1, 2016 maturities of the City's General Obligation Improvement Bonds, Series 1995A, dated September 1, 1995, and the (ii) February 1, 2010 through February 1, 2021 maturities. of the City's General Obligation Fire Safety Bonds, Series 2000A, dated June 1, 2000. TYPE OF PROPOSALS Proposals shall be for not less than $2,897,770 and accrued interest on the total principal ~~ amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit (Deposit) in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $29,300, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. Page 13 The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWRRD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sale option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser; except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bands have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bands, CUSIP NUMBERS. If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bands. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. Page 14 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 120 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 23, 2004 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Page 15 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: February 23, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall, in said City on the 23rd day of February, 2004 at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,930,000 General Obligation Refunding Bonds, Series 2004A of said City. The following members were present: and the following were absent: adoption: Member introduced the following resolution and moved its RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,930,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $2,930,000 General Obligation Refunding Bonds, Series 2004A (the "Bonds") to refund the (i) February 1, 2006 through February 1, 2016 maturities of the City's General Obligation Improvement Bonds, Series 1995A, dated September 1, 1995 and (ii) February 1, 2010 through February 1, 2021 maturities of the City's General Obligation Fire Safety Bonds, Series 2000A dated June 1, 2000; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and Briggs and Morgan, Professional Association ("Briggs"), as its bond counsel and Springsted is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 1617694v1 2. Meetin,~; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the Terms of Proposal attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1617694v1 2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $2,930,000 General Obligation Refunding Bonds, Series 2004A. WITNESS my hand this day of , 2004. City Clerk 1617694v1 EXHIBIT A TERMS OF PROPOSAL ~2,930,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, March 18, 2004, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, maybe submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated April 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $20,000 2010 $205,000 2014 $235,000 2018 $245,000 2007 $20,000 2011 $210,000 2015 $240,000 2019 $255,000 2008 $20,000 2012 $220,000 2016 $245,000 2020 $260,000 2009 $20,000 2013 $225,000 2017 $235,000 2021 $275,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $S, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. 1617694v1 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to refund the (i) February 1, 2006 through February 1, 2016 maturities of the City's General Obligation Improvement Bonds, Series 1995A, dated September 1, 1995, and the (ii) February 1, 2010 through February 1, 2021 maturities of the City's General Obligation Fire Safety Bonds, Series 2000A, dated June 1, 2000. 1617694v1 A-2 TYPE OF PROPOSALS Proposals shall be for not less than $2,897,770 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $29,300, payable to the order of the City. If a check is used, it must accompany the proposal If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. 1617694v1 A-3 Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior 1617694v 1 A-4 managing underwriter of the syndicate to which the Bonds are awarded 120 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 23, 2004 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 1617694v1 11-5 Agenda #K5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Development Moratorium -Gladstone Neighborhood DATE: February 13, 2004 INTRODUCTION The Gladstone Neighborhood is thought of by many to be the heart of Maplewood. The city council has recognized this importance by the establishment of the 2003/2004 city council goals, which includes the redevelopment and revitalization of the Gladstone Neighbofiood. As part of the revitalization, the city council authorized the construction of the city's first roundabout and subsequent streetscaping at the comer of Frost Avenue and English Street. In addition, the city council has established streetscape improvements as part of the 2005 capital improvements plan. DISCUSSION City staff has applied for, and received, an $8,000 matching grant from the Metropolitan Council to continue the revitalization process by creating a strategic plan for the Gladstone Neighborhood. With these funds, city staff has contracted with Rich McLaughlin, of Architecture and Town Planning, to evaluate and create a design plan for the Gladstone Neighborhood. This process will include feedback from the city council, city staff, city boards, and Gladstone businesses and residents in the form of workshops, open houses, and presentations. At the end of the study, Mr. McLaughlin will present to the city council a strategic development plan (SDP) for the Gladstone Neighborhood. The SDP will be a set of drawings and design standards the city can use, along with city ordinances, to achieve a sustainable, livable center for this neighborhood. In addition to the SDP, the city's zoning ordinances, zoning map, and comprehensive plan may need to be revised to reflect these changes. The SDP will be presented to the city council on May 10, 2004, with any needed land use changes following soon after. In order to ensure adequate time in which to create and implement the SDP and land use changes, city staff is proposing a moratorium on development within the Gladstone Neighborhood. The moratorium would ensure that all future development in the Gladstone Neighborhood meet the new vision for the area. RECOMMENDATION Adopt the resolution on pages 2 through 5. This resolution approves a development moratorium for the Gladstone Neighborhood, which will preclude any future development within the Gladstone strategic planning study area until the adoption of the SDP and land use changes by the city council, or within one year, whichever comes first. p:gladstone/gladstone moratorium memorandum Attachment: Gladstone Neighborhood Development Moratorium Resolution ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE GLADSTONE NEIGHBORHOOD The area under consideration (hereinafter "Gladstone Neighborhood") includes land generally located along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail, properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning components for the Gladstone Neighborhood. 1.02 The objective of the study is to design a strategic development plan including drawings and design standards the city can use, along with city ordinances, to achieve a sustainable, livable center for this neighborhood. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: - Land use - Building setbacks - Building height - Design standards for buildings - Pedestrian flow and safety - Parking - Streetscaping - Signage - Lighting - Landscaping - Housing density 1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the redevelopment of the Gladstone Neighborhood. 2 SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, hired consultants, Gladstone property and business owners, interested citizens, city council, and various city commissions and boards. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board for their review and recommendation to the city council. 2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study by the city council. The city will not approve any subdivision, building permit for the exterior construction of new buildings or additions, and freestanding signs during the moratorium period. SECTION 3. TERM 3.01 The term of this ordinance shall be for one year or until such time as the city council adopts the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. c. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. 3 SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on , 2004. Mayor Attest: City Clerk 4 0 -Study Area •.. .~ .^. Gladstone Neighborhood "E Strategic Planning Study Area s 5 Keller Golf Course AGENDA ITEM K-6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Parkway Lift Station Removal Improvements, Project 02-14 -Resolutions for: 1. Directing Modification of Existing Construction Contract (CO 4) 2. Acceptance of Project DATE: February 16, 2004 Introduction/Summary The attached Change Order No. 2 has been reviewed by staff, yet requires approval by the city council before final payment to the contractor can be authorized. The construction contract for the Parkway Lift Station Removal Improvements is complete and the project is ready to be accepted. The city council will consider approving the attached resolutions: Directing the Modification of the Existing Construction Contract (Change Order No. 2) and Acceptance of Project. Background The attached Change Order No. 2 is for additional work required to be done as a result of unanticipated poor soils that were encountered during construction, as well as a modification to an existing sewer service reconnection. These items have been reviewed and are attached for approval consideration. The project is final and complete and ready for final payment. The final construction cost, and the amount to be paid to the contractor, is $459,834.55. Budget Impact The project budget and final costs have been reviewed. The final project cost is estimated at $596,000. This includes all construction and engineering and administrative costs associated with the project. The original project budget was $608,000. No revision to the project budget is required. Recommendation It is recommended that the city council approve the two attached resolutions for the Parkway Lift Station Removal Improvements, City Project 02-14: Directing the Modification of the Existing Construction Contract (Change Order No 2) and Acceptance of Project. CMC JW Attachments: Resolutions (2) Change Order No. 2 Location Map RESOLUTION DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-14, Parkway Lift Station Removal Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary that said final contract be modified and designated as Improvement Project 02-14, Change Order No. 2. 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 No. 2 in the amount of $33,145.00. The final contract amount is $459,902.60. No revision to the project budget is required. RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Parkway Lift Station Improvements, City Project 02-14, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 02-14 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Page 1 of 1 CHANGE ORDER CITY OF l~L4PLEWOOD DEPARTMENT OF PUBLIC WORKS PROJECT NAME: Parkway Lift Station Removal Improvements PROJECT NO: City Project 02-14 CONTRACTOR: Forest Lake Contracting, Inc. CHANGE ORDER NO.: Two (2) DATE: December 22, 2003 The following changes shall be made in the contract documents: BID SCHEDULE F -CHANGE ORDER NO. Z I#em Unit No. Item Description Unit Quantity Price Amount 1 Granular Foundation Ton 160.00 $20.00 $3,200.00 2 6"PVC Service Pipe, Schedule 40 LF 142.00 $35.00 $4,970.00 3 Subgrade Excavation CY 1,004.00 $5.00 $5,000.00 4 Select Granular Borrow (CY) CY 1,100.00 $5.00 $5,500.00 5 Concrete Pavement, Irregular Width SY 130.00 $50.00 $6,500.00 6 6" Concrete Driveway Pavement SY 115.00 $45.00 $5,175.00 7 Soddins, Twe Lawn SY 700.00 $4.00 $2,800.00 TOTAL CHANGE ORDER NO. 2 $33,145.40 CONTRACT STATUS: Original Contract: $412,760.00 Net Change of Prior Change: $13,997.60 (Change Order No. 1) Change this Change Order: $33,145.00 Revised Contract: $459,902.60 Recommended By: Kimley-Hom and Associates, Inc. f 7 ~/ ~ j /~ /~ By:.~Z-T~~.. J' /~ =7tik l;~. Date: / Z -- 2 ? -~, 3 Agreed to By: Forest Lake Contracting, Inc. By: .~-~ Approved By: City of Maplewood By: Date: ~ z- z 3 - o~ Date: Mayor i By: ~~~ ~~ Date: -'~ iL~ G'~~ _ City Engineer 1 i ~ i v~ 00 ~_ 4 BEAM AVE, Af O ~^ K `~' ON[MA U a ~6~0? /~ Ko Gervais / i~ lake J y ~y2a~ a. PALM ~ ~, CIR. CT. PA N~ CONNOR CCN AVE CT. DEMONT ~j rw-T N P~O~` V ^ ~ BR~KS LOCATION ~"e<<ea L io Pkwy. poo Lake ~ r rr~~ ca n~,a~a SCHWA DR. v~i l ~ ~~ Kelle / I LARK AVE. ~ ~ ? ~ VIKING ~ Lake / LAUR IE RO. ~ °'y~ w a °p ~ ~~`II 2 ~ ¢ z 3 LAURIE CT. ~ / 2 ~ 4 w in ~ y~ o~ ~ a Y ~ / COUNTY RD. B F: ~. N COUNTY ~ ~ RD. B BURKE AV apx~...~ / ~f J ELD RIDGE AV E, p ~~~ . S ndy ~j a z ~ ~ Oehrllne in ~ Lake p = aQ RELMONT LN. ~ Loke BELMONT [A, n~ `~„ ~, '_~ ~ N SKILLMAN N AVE. I / SKILLMAN AV. KENW OOD KE ~ `c .- y SKILLMAN AVE. ~ fn c~i Y ~ w ~ ~" LN. ~__~ ~ a ~ u~i ~ a w 3 2, ~ ~ F. EAT. VERNON = ~ 0 3 w m N z p sl ,~ "~- DOWNS AVE. aJ ~ ~ MT~YERNON AV r~ i W w ~ v ~ ~ D~ "ea.prn P rye ® a U O ~ ~•:sr' N °a I ro-x ROSELP.wN p ° BELLW000 AVE. BELL W00~1 o AVE. BELLWOOo AVE. OO ~ '^ a SUMMER AVE. N ~ ~ N SUMMER 3 a °0 4 w ~ CT.NV wn°w 3 ~ FENTON AVE. ~~ ~ u ~ a w m N x ° -' w l3 we 'em O ~ ~ g < Y ~~ ,-~ ~ N AD O "' ~ AVE. o RIPLEY AVE. m ~, ~ KWG570N z "' ~~ u, N i ~ KINGSTONagVE. ao ~~a ~ ~ l1l ~ ~ i z j " a O~ a 10 w AVE.3 N N PRICE SAVE. ~.ti t' ~ ~ a ~ LAUPE NTEUR ¢ _ ~ a AVE. - WI a Q ~\ ~ m ,~ i ~ _ ~ ~~~ ,0 35 s,~rNr ~~~~~ ^~~ Kimley-Horn CITY OF MAPLEWOOD LOCATION MAP ~ and Associates, inc. PARKWAY LEFT 8TATION REMOVAL s% a~:~Mri' ssni w' s°""~5N Fer Na, (csi)cu-si'e CITY PROJECT 02-74 EX!'!!B!T i AGENDA ITEM K-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Staff Engineer SUBJECT: Carlton Street Improvements, City Project 03-22 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: February 17t", 2004 Introduction Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, March 26, 2004. Award of bids would be considered by the city council at the April 12, 2004, city council meeting. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll. Background Staff has come to an agreement with 3M with regards to their concern for additional traffic lanes. Staff has proposed to construct 4 lanes from Conway to 3M's west entrance road. From there, it will taper down to two lanes until it reaches Minnehaha. Aright-turn lane will be constructed on Carlton at Minnehaha. Final negotiations are taking place with regards to the pond and ponding easement that will be necessary to acquire from 3M. Staff is exploring the option to participate in additional landscaping work around the pond instead of a direct monetary contribution to 3M. They seem to be receptive to the idea. The assessment roll may now be prepared as costs are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment will be the same as was outlined in the feasibility study, with the exception of the single-family properties. During the preparation of the assessment roll, the single family residential properties will automatically be recommended for an undeveloped property deferment as was discussed during the public hearing. The calculated assessment roll will be brought back to the city council at the March 8, 2004, council meeting. Recommendation It is recommended that the city council approve the attached resolutions for the Carlton Street Improvement, Project 03-22: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. JW Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map EML RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 10t", 2003, plans and specifications for Carlton Street Improvement, Project 03-22, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 26t" day of March, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 12t", 2004. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Carlton Street Improvements, City Project 03-22. 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 and city engineer shall, upon completion of such proposed assessment notify the council thereof. AGENDA ITEM K-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Parkway Improvements, Hazelwood to Kennard, City Project 03-26 -Resolution Accepting Report and Calling for Public Hearing DATE: February 16, 2004 Introduction/Summary The city's consulting engineer, Kimley-Horn and Associates, has completed the preliminary report for Legacy Parkway Improvements (Hazelwood St. to Kennard St.). The next step of consideration is calling for a public hearing to be held on March 22, 2004. Background On September 8, 2003, the city council approved the preliminary plat for the Hartford Legacy Village development, as well as ordered the extension of Legacy Parkway to the east between Kennard Street and Southlawn Drive. The segment of Legacy Parkway to the west, between Kennard Street and Hazelwood Street, had not been proposed as this area of the plat was simply platted as an outlot, later to be proposed as Heritage Square. On December 8, 2003, the city council approved the preliminary plat for Heritage Square, which included the public right-of-way for the section of Legacy Parkway between Hazelwood and their west property line. On January 12, 2004, the city council received a petition for public improvement from Town & Country Homes and authorized the preparation of a feasibility study to construct Legacy Parkway from Kennard Street to Hazelwood Street. It is proposed that this project will be added to the first segment of Legacy Parkway that was ordered on September 8, 2003. As part of the overall site improvements, the city will provide design and construction inspection services, as well as award a construction contract for the improvement of Legacy Parkway. Cost of the improvement will be borne mainly by the site developer. In addition, costs will be recovered from a potential developer of the existing single-family properties along Hazelwood. The city is still negotiating with the two remaining property owners along Hazelwood Street. Acquisition of their properties would be necessary to extend Legacy Parkway out to Hazelwood Street. With the completion of the roadway between Hazelwood and Southlawn, it will provide access east and west across the Legacy development, as well as provide an internal roadway reliever to avoid directing internal traffic out to Beam Avenue or County Road D. This project would consist of approximately 0.25 miles of street construction, as well as storm sewer, sanitary sewer, and water main improvements. Attached is an executive summary of the report. A complete electronic report has been provided with the agenda and has been posted on the city's website. A hard copy of the report may be viewed at the office of the city engineer. The estimated cost of the improvements is $1,115,500. Assessments to the developers (Town and Country Homes and the potential developer of the Hazelwood properties) are estimated at $688,130, with a small amount of the costs from utility funds and the remaining share of the project to be paid from the city funds that will be generated by the property taxes from the site improvements at Legacy Village. Recommendation Staff recommends that the city council approve the attached resolution accepting the Preliminary Report for the Legacy Parkway Improvements (Hazelwood Street to Kennard Street), Project 03- 26, and calling a Public Hearing for 7:00 pm on March 22, 2004. Attachment: Resolution Executive Summary Location Map Preliminary Report (electronic attachment) RESOLUTION ACCEPTING REPORT CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, the first segment of Legacy Parkway (Kennard to Southlawn) was ordered following a public hearing on September 8, 2003, and WHEREAS, the current proposed second segment of Legacy Parkway (Hazelwood to Kennard) will be included as part of one larger project if ordered following a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for the improvement of $1,115,500. 2. A public hearing shall be held on such proposed improvement on the 22nd day of March 2004 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 23nd day of February 2004. CITY OF MAPLEWOOD LEGACY PARKWAY IMPROVEMENTS (HAZELWOOD STREET TO KENNARD STREET) CITY PROJECT 03-26 EXECZITIVE SUMMARY This Feasibility Study and Report has been prepared for the Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26. The proposed project includes the following improvements: • Construction of Legacy Parl~vay between Hazelwood Street and Kennard Street. This segment of Legacy Parl~vay is proposed to be constructed as a part of the proposed Town & Country Homes Heritage Square at Legacy Village development. • Installation of gravity sanitary sewer main along Legacy Parl~vay. • Installation of watermain along Legacy Parl~vay. • Installation of drainage improvements to collect runoff and to provide storm water treatment and storage. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5 % allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 481,400 Storm Sewer Improvements $ 237,100 Sanitary Sewer Improvements $ 131,400 Watermain Improvements $ 120,600 Kennard Street Parking $ 45,000 Subtotal Project Costs $1,015,500 Right-of--Way/Easement Acquisition Costs $ 100,000 Total Project Cost $1,115,500 The improvements are proposed to be financed through a combination of special assessments to benefiting properties along with City funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount Assessments $ 688,130 City of Maplewood Funds $ 413,570 SPRWS Funds $ 13,800 Total $1,115,500 The following is a proposed schedule for the project if the City Council votes to proceed. Feasibility Study Accepted, Call Public Hearing February 23, 2004 Public Hearing/Authorize Preparation of Plans & Specs March 22, 2004 Approve Plans and Specifications April 12, 2004 Bid Opening May 14, 2004 Assessment Hearing/Award Contract May 24, 2004 Construction Start June 7, 2004 Construction Complete November 26, 2004 Based upon the analysis completed as a part of this report, the proposed Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26 are feasible, necessary and cost effective and would benefit the City of Maplewood. ~.,~ - AGENDA ITEM K-9 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08--Resolution Approving Plans and Specifications and Authorizing Receipt of Bids for TH 61 Frontage Road and Utility Improvements DATE: February 17, 2004 Introduction The public hearing for the County Road D (West) Realignment Improvements, Project 02-08, was held on February 9, 2004. The first set of plans for that project is complete and ready to be processed for bidding. Council approval is recommended. Background On November 10, 2003, the city council received a petition from Trout Land, LLC, who purchased the former Frattalone property north of Gulden's restaurant. Trout Land, LLC also has a purchase agreement with the Prokosch family on the north end of the project, making Trout Land, LLC the owner of 95 percent of the project area. They requested that the city proceed with the improvements for realignment of County Road D. The council held the public hearing on February 9, 2004, and ordered the project to be constructed. The preliminary report for the project identified that the best approach for the improvement would be to divide the project into two construction contracts. The total estimated cost of all improvements is $2,321,400. Approximately 50 percent of the project cost is proposed to be paid with assessments, with the remainder paid by Municipal State Aid Street (MBAs) funds and through a contribution from Ramsey County. As part of the right of way and relocation agreements, Venburg Tire will be moving their business to the west side of TH 61 to the Gulden's restaurant site. The existing Gulden's restaurant site is approximately 4.31 acres in size. Gulden's will be subdividing their lot to create a 1.71-acre parcel on the north side of the property for Venburg Tire. Gulden's Restaurant will continue to operate on a 2.50-acre parcel on the south side of the property. The city will acquire a 0.10-acre portion of the property for the construction of County Road D. It is also planned that a 0.25 acre portion of the Kami property north of Gulden's will be acquired by Gulden's/Venburg. City improvements are proposed to accommodate the Venburg Tire relocation to the Gulden's site. The city will be constructing County Road D west of TH 61 along the northern portion of the Gulden's property as part of a bid package to be approved in April 2004. This improvement will include the construction of a frontage road along the west side of TH 61 to include the following: Provide access to Guldens, the proposed Venburg Tire site, and the adjacent vacant LaMettry property from the new County Road D alignment. Allow for the closure of an existing Gulden's driveway access to TH 61 south of the proposed County Road D intersection. Provide a continuation of the existing frontage road on the LaMettry property south of the Gulden's site. City Council Agenda Background County Road D, West of TH 61 -Plan Approval Page Two The frontage road would be constructed as a part of the County Road D improvements, but would be owned and maintained by the property owners. Cross easements have been negotiated among the property owners to allow joint usage of the frontage road. The cross easements are required as a part of the approval of the lot subdivision plan. The frontage road, while accommodating access to the existing restaurant and the new Venburg Tire site, has a public purpose in that closure of the driveway to Gulden's restaurant and the revision to Gulden's restaurant are compensable items related to right of way acquisition. The frontage road also provides for an improved intersection operation on County Road D. Finally, the frontage road assures access to the area properties for benefiting improvement costs. The city will also be constructing and acquiring regional storm drainage facilities for the project area as a part of the public improvements. These storm drainage facilities will accommodate the storm water storage and treatment requirements for the Gulden'sNenburg site as well as all property north to County Road D. No on-site storm water ponding is proposed as a part of the Gulden'sNenburg site plan. The regional storm pond was constructed by the Toyota-LeMettry improvements and is currently on property owned jointly by Steve McDaniel of Maplewood Toyota and Richard LeMettry of LeMettry Auto Body. An agreement has been reached with Mr. McDaniel and Mr. LeMettry that allows the city to acquire the regional ponds for the roadway and development improvements, while keeping their property in compliance with the Shoreland Ordinance. Two agreements have tentatively been reached involving the property owned by Mr. McDaniel and Mr. LeMettry. First, they will sell the back portion of the property behind Gulden's restaurant to the Kami Corporation. The city will purchase a portion of the regional pond on the back portion of this parcel. The remainder of the pond will be dedicated to the city for $1. In exchange, Mr. McDaniel and Mr. LeMettry will: • Provide the city with right of access for the frontage road construction. • Sign an agreement for the closure and relocation of the access to TH 61. • Provide an easement agreement for construction and installation of a storm water pipe across the remainder of their land. Recommendation It is recommended that the City Council approve the attached resolution approving the plans and specifications for Phase 1 of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorizing receipt of bids on March 31, 2004 at 10:00 am. 1W Attachments: Resolution Location Map RESOLUTION APPROVING PLANS AND SPECIFICATIONS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 9, 2004, plans and specifications for County Road D Realignment Improvements -Frontage Road and Utilities (TH 61 to Highridge Court), City Project 02-08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 31st day of March, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 12, 2004. Approved this 23rd day of February 2004. ~~ ~ i ~ > > ~ 1 i ~ ~ I 1 ~~~~ ~ ~- -~ - _ - - __a.~. - - ` ~ -~-~-- ~- ~---r--- ~ --- ~-- -, ~ ~ ~ ~~ ~,~ L ~/ ~~ ~ ~ ,~ / ~ ~' 1 ~ ~ _ / ~~\~ S /! ~ $ ~ - ~ / ~~ / f _ / / ~r~~~ 1 ~r~ ~~ -- -- -- / ~ ; r ~~ w ` i i ~ i ~ ~ s ~! i r 1 ~ ~ ~ ~ ~ b' 39[it/9hiN6 PA ~ ~ r ~ ~ / sr ~ ~ ` r / ' ' /ar ~ I! ri i~','~ ~lr !'1 Di' r rJ ~ r~ ~ ~ 1 / ~ 1 r ~+ r~+ r t ~_ -------- f ~~-------- r i I r~~' ------ , , ~ r ~ r ~_ _ I ~ i ~~ ' i ~ ~ f ~ ~ City otMa~ `}f , ~ ~ , r r ~ DEPARTMENT OF 1 , E u ~ i; r ~? _ ENGINEERINI ~ ~ j ~ r ~ r p te~o rat ~. F \ + ~ 11 ; r ; ; feel) ~re_.teeo rroc W ~ \ ~ ~~i ~r ~~rlI `\ ~ i I I ~ I r i~ i ` `~ ~ ~; 1 ; ,' ~~ ~ , ~ ~ i ~ \` ~ 1 ,~r ~~rr r ~~_ ~ ~ ~~ ~ ~ II ~ ~ ~ ,'~ I ' C,OI,WT'f !~~ ''~ ~ ,i ` ~ ` ] I 'rf I' II'~ ~i.Lii ~i7~~ f~r I' I ~ ~ -----~ ~ ~ !r~ r` ~ ~~ ~~ / EXHIBIT. 8 AGENDA ITEM K-10 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: County Road D Extension (Hazelwood to TH 61), City Project 02-07-- Resolution Approving Joint Powers Agreement with Cities of Vadnais Heights, Gem Lake, White Bear Lake and White Bear Township, Ramsey County and State of Minnesota for Alternative Transformer Route for Xcel Energy DATE: February 17, 2004 Introduction The County Road D realignment project between Hazelwood Street and TH 61 requires the removal of the old rail line between Beam Avenue and I-694. The rail line's only purpose is to provide access to the Xcel Energy substation in the event a transformer needs replacement. An alternative overland route has been developed that makes the rail line unnecessary. Approval of a joint powers agreement with the agencies affected by the revised route is necessary. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over many years. On May 12, 2003, the city council selected a final alignment for the new roadway and authorized preparation of a preliminary report on the improvement. Following a public hearing on September 8, 2003, the city council approved the realignment of County Road D between Hazelwood and TH 61. The city council approved the first phase of construction with the award of bid on November 10, 2003. Construction began in December for soil correction and wetland creation, along with the correction of poor soils on the Countryview Golf Course property. The next phase of construction will require the abandonment of the rail line. This rail line exists only for the purpose of rail access to Xcel Energy's transformer site. An agreement has been reached (see next item on the agenda) that allows Xcel to abandon the rail shipment, instead providing for an overland shipment to a rail line in northern White Bear Township. The overland truck route will cross property in Vadnais Heights, Gem Lake, White Bear Lake, and White Bear Township, along with right of way under the jurisdiction of Ramsey County and MnDOT. The attached agreement has been negotiated with each of these agencies over the past nine months and is now ready for final approval by the City of Maplewood. The result of the agreement will allow for the abandonment of the rail line, acquisition of the line by the Ramsey County Regional Rail Authority and extension of the Bruce Vento Regional Trail (by Ramsey Count y Parks) northerly from Beam Avenue to north of I-694. Agreements for these proceedings will be forthcoming upon approval of the rail abandonment. The railroad, Burlington Northern, and the rail operator, Minnesota Commercial Railway, are not opposed to this agreement. Approval is recommended. City Council Agenda Background County Road DExtension-Xcel Joint Powers Agreement Page Two Budget Impact and Discussion Right-of-way acquisition is included in the approved project budget. The proposed action to approve the Joint Powers Agreement has been the subject of discussion and attempted by the City of Maplewood, Ramsey County and the City of White Bear Lake for over 12 years. Maplewood has spent over $10,000 in engineering and legal fees in negotiating this agreement, but has the most to gain in that the rail line has precluded the construction/extension of County Road D for 20+ years. The intent of this agreement is to clear the way for abandonment of the railroad line by Burlington Northern (which they have agreed to), purchase of the railroad right of way by the Ramsey County Regional Rail Authority (who plan to explore long-term transit opportunities), and finally, a grant of an easement to the City of Maplewood for the County Road D right of way through the rail alignment. The roadway will require removal of the railroad embankment. The project budget includes an allocation of $125,000 for the easement acquisition process. Without this agreement, the only alternative for the city to consider would have been a realignment of the trackage into the Xcel Energy site. The estimated cost of that construction was $750,000. That expense will no longer be necessary if this agreement is approved. Recommendation It is recommended that the City Council adopt the attached resolution approving the Joint Powers Agreement with the Cities of Vadnais Heights, Gem Lake and White Bear Lake, the Township of White Bear, Ramsey County and the State of Minnesota for an Alternative Transformer Haul Route. RCA Jw Attachment: Resolution Joint Powers Agreement including Map showing Project and Haul Route Project Location Map RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITIES OF WHITE BEAR LAKE, VADNAIS HEIGHTS AND GEM LAKE WHITE BEAR TOWNSHIP RAMSEY COUNTY STATE OF MINNESOTA FOR ALTERNATIVE TRANSFORMER HAUL ROUTE FOR XCEL ENERGY WHEREAS, the City of Maplewood is proposing to complete the County Road D Realignment (Hazelwood Street to TH 61), City Project 02-07 ("Project"). The Project includes the reconstruction and realignment of County Road D between Hazelwood Street and TH 61. The proposed improvements are further detailed in the attached Figure 1, County Road D Realignment (Council Approved Alignment 5-12-03); and WHEREAS, the Project will require the removal of a portion of the existing railroad track in the area south of I-694. It is the City of Maplewood's understanding, based upon information and belief, that the existing railroad track is owned by Burlington Northern Santa Fe Railroad (BNSF) which also has a lease agreement with Minnesota Commercial Railroad for a portion of the line; and WHEREAS, the portion of the existing railroad track to be removed currently serves only the Xcel Energy substation site along the west side of the railroad south of existing County Road D. Rail access is provided to the substation site for the delivery of transformer units in the event of the need for the installation of additional transformers or the replacement of failed transformers; and WHEREAS, a Joint Powers Agreement has been prepared and negotiated with the Cities of Vadnais Heights, Gem Lake, and White Bear Lake, the Township of White Bear, Ramsey County and the State of Minnesota for an Alternative Transformer Haul Route for Xcel Energy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Said Joint Powers Agreement is herby approved and the Mayor and City Manager are hereby authorized to sign said agreement signifying the City of Maplewood approval. Approved this 23rd day of February 2004. ~. f Y ... ~~ -~ -~ ~~. - - - - - _ , . F~ ..~. ~~_"i ~?; y N' .J - - - - - _ - ~-~~ s- - n ~_ 1 i . .~zr.=.r-i.~x~rs.^°x~xc~;,rzx ,e,~x-~ .k I ,btir. , .~ . _ ,. ~ I! ~ :S k. ~4Yh~~N7S Y~'i5J4~1' IS ~ ~. :, f ,~ ,.rr~ . , -nr. ,. ,. ,. ,. . •. ~. i j it tl h u _ r ~, a a R ti 4 "' ,- ., , . r-rrr . , ter., . , r - .. ~:. _. . r� yA F:!"41c,y ufi ti t: ,K� _ �. ¢•. ."y. ,�y fir.: .P:r,:.7.Y �11�' ;✓6.¢.2� y � � :.v.. k.' �' ?'4,.�+::{:y, �.: :; :a r�s�.'•i �' .'S: �uAb�''za� �� aa, 4 puy , S gy Pf yM� a~ ~ ~ ~ ~ ~ S~ ~~ ~ ~\ ~ e' ~~~ ~ ~i_ i ~~ ~0 1. ~~_ ~. ~~ ':~ ~~~~~ ~` x ,. rs ~. } ' 7~, ~ ~ ~' \ ~ ~..•~ . ', ~ n~ ', ~ 1 o~nrlr zoaza owi3o3 a~ N ~ F ~ O Z O 4- a ~ (~ O ~ ~ T QUH~~ ~~O~aZ O ~ ~ m U d O Y w U O a 8 ~ ~ ! 1 8 i 7 a 0 s ,o~ ~ ~ ~~1a ~ ~ ~, ~ ~ 1 ~ ~,z; 1-~1 ti,~~ 11 \ ~,~~~ ~~ ,,fir ~ 1 ~ c s' \ c ~ <~ \ ~ o ~ ~~ ~ \ ~ 1,i~E i ~ ~° ~ ~ , \ a{e ~ a~ \ ~' / ~ ~ \ \ \ ae ~o ~ ~q~~r ~~mg m0.€~a ~W F o Q ~ ~~ z;ia U ~ ~"~~ ~ 4 Q ~~ AGENDA ITEM K-11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: County Road D Extension (Hazelwood to TH 61)-City Project 02-07 Resolution Approving Memorandum of Agreement with Xcel Energy for Alternative Transformer Haul Route DATE: February 17, 2004 Introduction The County Road D realignment project between Hazelwood Street and TH 61 requires the removal of the old rail line between Beam Avenue and I-694. The rail line's only purpose is to provide access to the Xcel Energy substation in the event a transformer needs replacement. An alternative overland route has been developed that makes the rail line unnecessary. Approval of a memorandum of agreement with Xcel Energy for the revised route is necessary. Background Approval of the Joint Powers Agreement with Vadnais Heights, Gem Lake, White Bear Lake, White Bear Township, along with Ramsey County and MnDOT, will allow for the abandonment of the rail line, acquisition of the line by the Ramsey County Regional Rail Authority and extension of the Bruce Vento Regional Trail (by Ramsey Count y Parks) northerly from Beam Avenue to north of I-694. The attached memorandum of agreement establishes Maplewood as the facilitator of the Joint Powers Agreement. Because Xcel Energy is not a political subdivision, they cannot enter into a Joint Powers Agreement with the other communities. The two agreements go together and are binding on all parties. Recommendation It is recommended that the City Council adopt the attached resolution approving the Memorandum of Agreement with Xcel Energy for an Alternative Transformer Haul Route. RCA Jw Attachment: Resolution Memorandum of Agreement Project Location Map RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH XCEL ENERGY CORPORATION FOR ALTERNATIVE TRANSFORMER HAUL ROUTE WHEREAS, the City of Maplewood is proposing to complete the County Road D Realignment (Hazelwood Street to TH 61), City Project 02-07 ("Project"). The Project includes the reconstruction and realignment of County Road D between Hazelwood Street and TH 61. The proposed improvements are further detailed in the attached Figure 1, County Road D Realignment (Council Approved Alignment 5-12-03); and WHEREAS, the Project will require the removal of a portion of the existing railroad track in the area south of I-694. It is the City of Maplewood's understanding, based upon information and belief, that the existing railroad track is owned by Burlington Northern Santa Fe Railroad (BNSF) which also has a lease agreement with Minnesota Commercial Railroad for a portion of the line; and WHEREAS, the portion of the existing railroad track to be removed currently serves only the Xcel Energy substation site along the west side of the railroad south of existing County Road D. Rail access is provided to the substation site for the delivery of transformer units in the event of the need for the installation of additional transformers or the replacement of failed transformers; and WHEREAS, a Memorandum of Agreement has been prepared and negotiated with the Xcel Energy to provide for an Alternative Transformer Haul Route through a Joint Powers Agreement previously approved by City Council resolution on February 23, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Said Memorandum of Agreement with Xcel Energy is hereby approved and the Mayor and City Manager are hereby authorized to sign said agreement signifying the City of Maplewood approval. Approved this 23rd day of February 2004. 'l ` f=.:~ .v 7_ '~v5 ;-~n ~ Ali 't rR ~ _ ~II'I, ~~,~ II I'- +{ 'r. - ~ - ~ - , _ - - - - .. ., . .,_ n _~I n 4 ~~ - : ti~ ' „a ..fir ti r IV r .f! iP.. .. ,. Sa ~ ~~ _ _ A _ } - - N _ _I _ Y r {~ ~'~ i _ ~ 1 Y .ti ~ y S .. ~.rs~ ~ _ '\ - _ 4 ~r } Y ra.. la _ _ _ 4 t - - - - - ~ .. <- ix., o~nrlr N zoaza sN3o3 _ ° a ozo~;,~a in ~c~ Q ~ w TQUH~~ ~~o~'az O ~ ~ m U d O Y w F N U O a a 8 ¢ ~ C ~ \~ ~ 8 o ~ ~~ k' ~ /, '~ ~ J~ Z}i °r \ ~s~b ~ ~ ~ ~~ . rs .~ ~ ~~ 1 ~ ~ \ ~~ 1 ~ . awl : s ~~1 a 1'~~ ,~ ~,~~ \ 1-~1 ti,~~ 11 \ ~,~~~ ~~ ,,fir ~ 1 ~ c s' \ c ~ <~ \ ~ o ~ ~~ ~ \ ~ 1,i~E i ~ ~° ~ ~ , \ a{e ~ a~ ~ y ~\ \ ,. ~ \ \ \ ae ~o ~ ~q~~r ~~mg m0.€~a ~W F o Q ~ i ~ a z; ~ ~"~~ U ~ ~ 4 Q ~~