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2004 04-26 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, Apri126, 2004 Council Chambers, Municipal Building Meeting No. 04-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from April 12, 2004 CounciUManager Workshop 2. Minutes from the April 12, 2004 City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Community Design Review Board Appointment G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Final Plat -Harbor Pointe (County Road D) 3. Final Plat -Towns of New Century Third Addition (New Century Boulevard and Highwood Ave.) 4. Conditional Use Permit Review -Countryside Motors (1180 Highway 36 East) 5. Conditional Use Permit Review -Sibley Cove Apartments (1996 County Road D) 6. Conditional Use Permit Review -Van Dyke Village Town Houses (2191 - 2231 Van Dyke Street) 7. Temporary Gambling -VFW Post 8901 -Ramsey County Fair 8. Temporary Food and Fee Waiver -Maplewood Athletic Association 9. Interim Marketing/Public Relations Specialist 10. Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26 - Resolution Ordering Assessment Hearing 11. County Road D Realignment, (East - T.H. 61 to Southlawn Dr.), City Project 02-07 - Resolution Ordering Assessment Hearing H. PUBLIC HEARINGS 1. 7:00 P.M. Hazelwood/County Road C Area Streets, Project 03-18 -Assessment Hearing 2. 7:30 P.M. Alley Right-of--Way Vacation (North of 2200 English Street) H. PUBLIC HEARINGS (continued) 7:45 P.M. Proposed DQ Grill and Chill Restaurant (West of 1760 Beam Avenue) Land Use Plan Change - BC-M (Business Commercial Modified) to BC (Business Commercial) Zoning Map Change - BC-M (Business Commercial Modified) to BC (Business Commercial) I. AWARD OF BIDS 1. Hazelwood/County Road C Area Streets, Project 03-18 -Resolution for Award of Bids 2. Kennard Street/Legacy Parkway Landscaping Improvements, Project 03-04 -Resolution for Award of Bids J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Intoxicating Liquor License New Owner/Change of Manager -Matthew Kielas -Chalet Lounge 2. Review of Minnesota Department of Transportation Projects - Presentation by Frank Patko, MnDOT Regional Manager 3. Legacy Village Sculpture Park 4. Joy Park Neighborhood Preserve Master Plan 5. Carlton Street Improvements, Project 03-22 - Assessment Objection Recommendations 6. Hazelwood Street Improvements (County Road C to Beam), City Project 01-16 - Resolution Approving Assessment Appeal Agreement with Ron Erickson at 2699 Hazelwood Street 7. Public Works Building Addition, City Project 03-19 -Authorize Improvements and Funding Plan 8. Development Agreement Amendment-Legacy Village L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITYFOR OUR COMMUNITY Following are some rules of'civility the City of'Maplewood expects of'everyone appearing at Council Meetings -elected officials, staff'and citizens. It is hoped that by following these simple rules, everyone s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other actively listen to one another keep emotions in check and use respectful language. Agenda Item D 1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, April 12, 2004 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember Others Present: C. D. City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile Police Chief Thomalla Human Resources Director Le Police Civil Service Commission Chair Steve Gunn APPROVAL OF AGENDA Present Present Present Present Present Councilmember Juenemann moved to approve the agenda as presented. Seconded by Councilmember Koppen Ayes-All NEW BUSINESS 1. Interview Candidates for Police Civil Service Commission Council interviewed the following candidates for the vacancy on the Police Civil Service Commission: Ed Altermatt, Barbara Damchik-Dykes, Debra Birkholz, and Marie Przynski. Applicant Thomas Campbell was interviewed at the March 22, 2004 meeting. The appointment will be made at the City Council meeting. E. F. FUTURE TOPICS ADJOURNMENT With there being no further business, Mayor Cardinal adjourned the meeting at 6:55 p.m. City Council/Manager Workshop 04-12-04 A. B. C. D. E. DRAFT-MINUTES MAPLEWOOD CITY COUNCIL 7:04 P.M. Monday, April 12, 2004 Council Chambers, Municipal Building Meeting No. 04-07 CALL TO ORDER: Agenda Item D2 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:04 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-March 22, 2004 Councilmember Juenemann moved to approve the minutes from the March 22, 2004 Ci CounciUMana,~er workshop as presented. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from the City Council Meeting-March 22, 2004 Councilmember Monahan-Junek moved to approve the minutes from the March 22, 2004 City Council meeting as amended. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA Ml. City Ordinances M2. Met Council Study M3. Meetings in Council Chambers M4. Recycling Event at Aldrich Arena M5. South Leg Focus Group M6. Wetland Monitoring Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Counci104-12-04 F. G. Mayor Cardinal recognized the following Maplewood residents serving the country overseas: ~ William Cockriel, Active duty in Baghdad ~ Will Riser Jr., Sergeant in the Army Reserve ~ Erik Ahlness, National Guard Lieutenant Colonel in Bosnia ~ Katherine Neiters, Sergeant in the Army Reserves in Iraq The mayor also recognized Celi Dean, Miss Teen Minnesota who is a Maplewood resident and was present at the meeting. Ms. Dean led the pledge of allegiance and informed council of various things she will be doing to represent the city and the state of Minnesota during her reign, APPOINTMENTS/PRESENTATIONS 1. Police Civil Service Commission Appointment a. Assistant City Manager Coleman presented the report. Debra Birkholz was appointed to the Police Civil Service Commission effective immediately. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,944.64 Check # 63420 dated 3/16/04 $ 57,288.80 Checks # 63421 thru # 63454 dated 3/23/04 $ 218,880.41 Disbursements via debits to checking account dated 3/15/04 thru 3/18/04 $ 1,944.64 Check # 63455 dated 3/22/04 $ 278,161.39 Checks # 63456 thru # 63507 dated 03/30/04 $ 130,412.57 Disbursements via debits to checking account dated 3/19/04 thru 3/25/04 $ 400,366.98 Checks # 63508 thru # 63565 dated 4/06/04 $ 332,595.17 Disbursements via debits to checking account City Counci104-12-04 2 dated 3/26/04 thru 4/01/04 $ 1,421,594.60 Total Accounts Payable PAYROLL $ 409,790.24 Payroll Checks and Direct Deposits dated 3/26/04 4,492.64 Payroll Deduction check # 97037 thru # 97039 dated 3/26/04 $ 414,282.88 Total Payroll $ 1,835,877.48 GRAND TOTAL 2. Budget Change for Audit Fees Approved a budget adjustment of $9,480 for audit fees. Revision to Benefit Cafeteria Plan Adopted the Master Plan retroactive to October 1, 2003 for the Healthcare Flex Plan and Childcare Reimbursement program. 4. Waterfest Appropriations for 2004 Approved the Ramsey-Washington Metro Watershed District's request for $750 for the 2004 Waterfest. 5. Temporary Gambling & Temporary Liquor License -Church of the Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling and liquor licenses for the Church of the Presentation of the Blessed Virgin Mary for May 1-2: RESOLUTION 04-04-062 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard 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. City Counci104-12-04 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. 6. St. Paul East Parks Lions Club -Temporary 3.2 Beer and Temporary Gambling - Ramsey County Fair Adopted the following resolution approving the temporary 3.2 beer license and the resolution for temporary gambling for St. Paul East Parks Lions Club: RESOLUTION 04-04-064 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. 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. 7. Approval of Joint Powers Agreement With City of St. Paul for Records Management System Approved the signing of the joint powers agreement between the City of Maplewood and the City of St. Paul for a records management system. Kennard/Frost Area Street Improvements, Project 02-10 -Resolution Directing Modification of Existing Construction Contract, Change Order No. 6 Adopted the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street improvement project, City Project 02-10: RESOLUTION 04-04-065 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-10, Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, City Counci104-12-04 MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 in the amount of $88,328.60. The final contract amount is $2,368,904.58. 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: Funding Source Original Budget Street Assessments: $1,127,800 Storm Assessments: $9,600 Sewer Utility Fund $147,000 SPRWS: $74,000 WAC Fund $100,000 General Tax Levy: $1,486,100 Private Driveways $0 Total: $2,944,500 9. Park Planning Budget Transfer Revised Budget $1,110,742 $8,923 $161,300 $153,360 $37,725 $ 1,499,000 $130,950 $3,102,000 Approved allocating $15,000 from the park dedication fund for park planning projects as proposed and that the finance director be directed to make the necessary budgetary changes. Councilmember Juenemann moved to approve the consent a,~enda items 1-6 and 8-9 as presented. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve the consent a,~enda item 7 as presented. Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 1. 7:20 P.M. Carlton Street, Project 03-22 -Assessment Hearing, Resolution for Adoption of Assessment Roll 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 persons were heard: Bernard Mehr, 687 Ferndale Street, Maplewood Don Kimble, 679 Ferndale Street, Maplewood Harold Pearl, 657 Ferndale Street, Maplewood d. Mayor Cardinal closed the public hearing. City Counci104-12-04 5 Councilmember Rossbach moved to adopt the following resolution for the adoption of the assessment roll for the Carlton Street Improvements, Project 03-22: RESOLUTION 04-04-066 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on February 23, 2004, calling for a Public Hearing, the assessment roll for the Carlton Street Improvements, City Project 03-22, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on April 26, 2004, as to their recommendations for adjustments. 2. The assessment roll for the Carlton Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2005 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2004, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged for any portion of the assessment that is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2004, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2004, but no later than November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Juenemann Ayes-All City Counci104-12-04 2. 7:36 P.M. Easement Vacation -Van Dyke Village (Van Dyke Street) City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. Commissioner Trippler presented the Planning Commission report from March 15, 2004. 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. Councilmember Juenemann moved to adopt the following resolution for the vacation of a drainage and utility easement within the site of the Van Dyke Village townhouse development on Van Dye Street: VACATION RESOLUTION 04-04-067 WHEREAS, Bruce Mogren, representing the developer and property owners, applied for the vacation of the following: Apart of a drainage and utility easement located in the vacated Laurie Road right-of--way lying west of Van Dyke Street in Section 11, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On March 15, 2004, the planning commission recommended that the city council approve the public vacation. 2. On April 12, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. 2. The existing easement in its current configuration is not needed for utility purposes. City Counci104-12-04 a. This vacation is subject to the owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. b. If a problem did occur regarding the proximity issue any repairs to the adjacent buildings and landscaping would be the owner's responsibility and expense. Seconded by Councilmember Koppen Ayes-All 7:40 P.M. Venburg Tire Relocation (Highway 61 North) 1. Conditional Use Permit 2. Setback Variance to R-1 Zoning District 3. Parking Lot Setback Variance 4. Roadway Easement Vacation 5. Sign Setback Variance a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. Boardmember Olson presented the Community Design Review Board report from the March 29, 2004 meeting. d. Commissioner Trippler presented the Planning Commission report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Pat McFarland, owner of Venburg Tire £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution a~provin~ a conditional use permit for the proposed Venburg Tire building to be located 220 feet from the adjacent residentially zoned property to the west: CONDITIONAL USE PERMIT RESOLUTION 04-04-068 WHEREAS, Carol and Pat McFarlane applied for a conditional use permit to construct their new building closer than 350 feet to an adjacent residential district. WHEREAS, this permit applies to the property to the north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. City Counci104-12-04 WHEREAS, the history of this conditional use permit is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on April 12, 2004 City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: A. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. B. The use would not change the existing or planned character of the surrounding area. C. The use would not depreciate property values. D. 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. E. 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. F. 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. G. The use would not create excessive additional costs for public facilities or services. H. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. L The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped February 3, 2004. The City Counci104-12-04 9 Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing a six foot tall and 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 5. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. 6. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. 7. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. The city shall notify the operator of complaints for corrections should there be noise problems. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving a variance to locate a building that would be used for automotive repair, 220 feet from an abutting residential property 350-FOOT SETBACK REDUCTION VARIANCE RESOLUTION 04-04-069 WHEREAS, Carol and Pat McFarlane applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-512(8)(c) of the Maplewood Code of Ordinances requires that all parts of a motor-vehicle repair facility be at least 350 feet from a residential district. WHEREAS, the applicants are proposing to build their building 220 feet from a residential district. City Counci104-12-04 10 WHEREAS, this requires a variance of 130 feet. WHEREAS, the history of this variance is as follows: 1. On March 15, 2004, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: Strict enforcement would cause undue hardship to the applicant because the site is not large enough to accommodate the proposed building without approval of a variance. 2. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. 3. The owner of the adj acent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicant submitting a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving a variance from the 15-foot front parking lot setback requirement: PARKING-SETBACK VARIANCE RESOLUTION 04-04-070 ordinance. WHEREAS, Carol and Pat McFarlane applied for a variance from the zoning WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the City Counci104-12-04 11 Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-20(c)(5)(a) of the Maplewood Code of Ordinances requires that all parking lots shall be 15 feet from a street right-of--way. WHEREAS, the applicants are proposing to build their front parking lot five feet from their front lot line. WHEREAS, this requires a variance of 10 feet. WHEREAS, the history of this variance is as follows: On March 15, 2004, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: 1. Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. 2. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to approve a lot division to split the proposed Venburg Tire site form the Gulden's Roadhouse property, at 2999 Maplewood Drive. Before the ci . si ng s the deeds creating the new lots, the owners of Venburg Tire shall do the following: 1. Agree in writing to provide a new rear parking lot for Gulden's Roadhouse to replace lost parking due to the creation of the Venburg Tire site. The construction of this parking lot will be coordinated with the construction of the Venburg Tire site. 2. Agree in writing to a reciprocal parking arrangement with the owners of Gulden's to accommodate at least 11 parking spaces on the Venburg Tire site for use by Gulden's City Counci104-12-04 12 patrons after Venburg Tire is closed. 3. Agree to a maintenance agreement with the owners of Gulden's and the city for the maintenance of the shared private roadway. 4. Dedicate the excess property in the northeast corner of the Venburg Tire site to the City of Maplewood for right-of--way. The city engineer shall determine the exact configuration of this additional right-of--way. This is denoted as Remnant Parcel 2 in the staff report. 5. The triangular-shaped remnant property located south southeast of the intersection of proposed County Road D and the proposed private roadway shall be adjoined with the Venburg Tire site. This is denoted as Remnant Parcel 1 in the staff report. 6. Provide drainage and utility easements as recommended by the assistant city engineer in his memo dated March 8, 2004. Since the exact locations of these easements may need to be determined after the stamping of deeds to split the lot, these easements must be dedicated prior to the applicants obtaining a building permit. ~. The deeds creating the Venburg Tire site must be recorded before the city shall issue a building permit. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution vacating unneeded roadway easement on the northerly 33 feet and the southerly 16.5 feet of the existing Gulden's Roadhouse property ROADWAY EASEMENT VACATION RESOLUTION 04-04-071 WHEREAS, the City of Maplewood Staff initiated the vacation of the following described roadway easements: The North 409.5 feet of the East 500 feet of the South one half of the Northeast quarter of Section 4, Township 29, Range 22, subject to easements over the North 33 feet and the South 16.5 feet for roadway purposes, and subject to State Trunk Highway 61, according to the Government Survey. WHEREAS, the history of this vacation is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve this vacation. 2. On April 12, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The council gave City Counci104-12-04 13 everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following properties: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying southerly of a line drawn from a point of the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above described vacation for the following reasons: 1. It is in the public interest since there is no need to use these easements for roadway purposes. 2. The city council vacated a portion of Lydia Street, which aligns with the 33-foot-wide easement, in 2001. 3. The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution a~provin~ a setback variance for a freestanding sign for Venburg Tire to place their sign on the excess highwa~ght-of-wad SIGN-SETBACK VARIANCE RESOLUTION 04-04-072 ordinance. WHEREAS, Carol and Pat McFarlane applied for a variance from the sign WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. City Counci104-12-04 14 WHEREAS, Section 44-802(a) and (c) of the Maplewood Code of Ordinances requires that all freestanding signs shall be at least 10 feet from any lot line. Also that all signs shall not prof ect over public property, except where specifically allowed by the code. WHEREAS, the applicants are proposing to install their freestanding sign on apiece of excess highway right-of--way. WHEREAS, the history of this variance is as follows: On March 23, 2004, the Community Design Review Board recommended that the City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: 1. The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of--way. 2. Compliance with code would cause the applicant undue hardship since the 30 feet of excess right-of--way would require the applicant to place their sign further back than would otherwise be allowed. Approval is subject to the applicant meeting aten-foot minimum setback from the actual highway right-of--way. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to reconsider the site plan revision (pa eg 13D~ Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to adopt the site plan date stamped February 3, 2004, the civil drawin,~ date stamped March 1, 2004, the photometric plan date stamped March 1, 2004 and the revised elevations date stamped March 9, 2004 for Venburg Tire. Approval is subject to the applicants complying with the following conditions: Repeat this review in two years if the city has not issued a building permit for this project. City Counci104-12-04 15 2. Before getting a building permit, the applicants must comply with all the requirements of the assistant city engineer's memo dated March 8, 2004. 3. Before getting a building permit, the applicants must submit a revised landscaping plan addressing the following: a. A planted screen on the west side of the site to provide screening that is at least six feet tall and 80 percent opaque upon planting according to code. b. Adding plantings on the highway side of the site. c. Providing additional plantings along the south elevation of the building. d. Increasing the number of trees on the south side of County Road D. e. All sodded areas must have an in-ground lawn irrigation system. 4. Before getting a building permit, the applicants shall provide revised plans with the following changes: a. The addition of a sidewalk to connect the proposed sidewalk on the south side of County Road D to the Venburg Tire parking lot. b. Elimination of the open used-tire storage. There shall not be any open exterior storage on the site. c. Wall-pack lighting details to verify that the fixture type will not cause excessive glare to the westerly neighbor. d. The plan of the south elevation of the building is approved as presented to the city council at the meeting without the design detail of the wavey band. e. Revised building elevations that provide for the screening ofroof--top mechanical equipment as required by code. Before getting a building permit, the applicants shall record the deeds with Ramsey County for the creation of this site. This recording also shall include the dedication of right-of--way to the city and the combination of the remnant property with the Venburg Tire site in the northwest corner of the property. City Counci104-12-04 16 6. Before getting a building permit the owner of Gulden's shall properly abandon the well on the Venburg Tire site according to state health requirements. 7. Before getting a building permit the applicants shall apply for all required permits from the Minnesota Department of Transportation and the Ramsey/WashingtonMetm Watershed District. Comply with all requirements of the Maplewood Building Official and Fire Marshal. 9. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The applicants submit an irrevocable letter of credit or cash escrow to cover the cost of any unfinished required exterior improvements. The applicants shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 10. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to approve the proposed conceptual changes to the Gulden's Roadhouse site or a new rear parking lot, site lighting and landscaping. This approval also includes a parking waiver to have 11 fewer parking spaces than code requires since Venburg Tire will provide use of their parkin, lot for overflow parkin. Approval of the conceptual changes is subj ect to the owners of Gulden's doing the following before the city will issue a grading and paving permit for the new parking lot: 1. Submit a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. 2. Submit a detailed grading and drainage plan. City Counci104-12-04 17 3. Submit a revised site plan showing compliance with the required 20-foot minimum parking lot setback from the west lot line. The proposed parking lot shall have continuous concrete curb and gutter. 4. Seal the well on the proposed Venburg Tire site according to State of Minnesota Department of Health well-abandonment requirements. 5. Provide the city with documentation that Venburg Tire has approved ashared-parking agreement to allow Gulden's use of their parking lot. Seconded by Councilmember Monahan-Junek Ayes-All 4. 8:43 P.M. Legacy Parkway, Project 03-26 -Public Hearing (Repeat Hearing from March 22, 2004), Resolution Ordering Improvement after Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution authorizing the preparation of plans and specifications and acquisition of ri,~ht of way for the Legacy Parkway Improvements and approved a modification to the existing project bud,~et with an increase of $1,115,000: Seconded by Councilmember Juenemann Ayes-All I. AWARD OF BIDS Carlton Street, Project 03-22 -Resolution Receiving Bids and Awarding Construction Contract City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution accepting the bids and awarding a construction contract to Park construction in the amount of X716. 526.26: RESOLUTION 04-04-073 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, City Counci104-12-04 18 plans and specifications for the Carlton Street Improvements, have been approved, and WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, bids were received and publicly opened and read aloud on March 26, 2004 as follows: 1. Park Construction $716,526.26 2. Arnt Construction Inc. $733,445.66 3. Eureka Construction Inc. $738,731.00 4. F.M. Frattalone $744,177.60 5. T.A. Schifsky and Sons $755,794.25 6. Harddrives $770,940.05 7. Tower Asphalt $805,649.35 8. Danner Inc. $813,350.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: Said bids as opened on March 26, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $716,526.26 is hereby awarded to the lowest responsible bidder, Park Construction and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Juenemann Ayes-All 2. Venburg/Guldens Frontage Road, Project 04-04 (02-08) -Resolution Receiving Bids and Awarding Construction Contract City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution accepting the bids and awarding a construction contract for the Venburg/Gulden's Grading Utilities and Paving, City Project 02-08 (04-04), to Imperial Developers, Inc. in the amount of $326,369.34 which includes the base bid and Bid Alternate No. 1: RESOLUTION 04-04-074 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, plans and specifications for the Venburg/Guldens Frontage Road Improvements, City Project 02- 07 (04-04), have been approved, and WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, bids City Counci104-12-04 19 were received and publicly opened and read aloud on April 6, 2004 as follows: Bidder Base Bid Alt #1 Base + Alt #1 1. Imperial Developers, Inc. $369,942.84 ($43,753.50) $326,369.34 2. Eureka Construction Inc. $384,359.39 ($28,172.00) $356,187.39 3. F.M. Frattalone Excavating $390,286.71 ($34,907.30) $355,379.41 4. North Pine Aggregate $393,189.96 ($38,089.90) $355,100.06 5. Three Rivers Construction $426,078.95 ($8,552.07) $417,526.88 6. T.A. Schifsky and Sons $467,311.65 ($36,550.50) $430,781.15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on April 6, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $326,369.34 is hereby awarded to the lowest responsible bidder, Imperial Developers, Inc. and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Koppen Ayes-All Nature Center Exhibits City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to Award Blue Rhino the bid to update the nature center exhibits not to exceed X74.550. Seconded by Councilmember Monahan-Junek Ayes-All J. UNFINISHED BUSINESS Conditional Use Permit Review -Commercial Vehicle Storage (Launderville - 2194 Van Dyke Street) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Ron Launderville, 2194 Van Dyke Street, the applicant was present for questions. Mayor Cardinal moved to approve the conditional use permit for Launderville Towing with review by the city council again in one ..' Seconded by Councilmember Rossbach Ayes-All City Counci104-12-04 20 K. NEW BUSINESS Ron Cockriel Presentation City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Ron Cockriel, 943 Century Avenue presented his ideas and concerns for the proposed 622 Bus garage project and concerns about MnDOT using property for road kill disposal. d. The following persons were heard: Sister Annette Esbohlt from the St. Paul Monastery Ron Cockriel, second appearance A five-minute break was taken. 2. City Campus Environmental Land Use Feasibility Plan City Manager Fursman presented the staff report. b. Environmental Health Officer Konewko Planner Finwall presented specifics from the report. Councilmember Juenemann moved a~rove the hirin,~ of a consultant to do a feasibility study for the improvement of the City Hall Campus. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Nay-Mayor Cardinal 3. Tax-Exempt Refinancing Agreement Amendment Request -Carefree Cottages of Maplewood III (1801 Gervais Avenue) City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to approve supplemental indenture of trust and the following resolution abbrovin~ an amendment to the Tax-Exempt financing agreement for the Carefree Cottage of Maplewood III at 1801 Gervais Avenue: Seconded by Councilmember Rossbach Ayes-All 4. Legacy Parkway Improvements, Hazelwood to Kennard, Project 03-26 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll City Counci104-12-04 21 City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for the Legacy Parkway Improvement, Project 03-26: RESOLUTION 04-04-075 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 12, 2004, plans and specifications for Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), Project 03-26, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of 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 2:OO.m. on the 18~ day of May, 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 May 24, 2004. RESOLUTION 04-04-076 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26. 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. City Counci104-12-04 22 Seconded by Councilmember Juenemann Ayes-All County Road D Realignment, T.H. 61 to Southlawn, Project 02-07 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for the County Road D Reali,~nment East, City Project 02-07: RESOLUTION 04-04-077 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on September 8, 2004, plans and specifications for County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of 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.m. on the 18~ day of May, 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. 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 May 24, 2004. RESOLUTION 04-04-078 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07. 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 City Counci104-12-04 23 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. Seconded by Councilmember Rossbach Ayes-All 6. County Road D Realignment, TH 61 to Highridge Court, Project 02-08 -Resolution Approving Memorandum of Agreement and Authorizing Execution of Quit Claim Deed Relinquishing City of Maplewood Interest in Tract of Land Along TH 61, South of County Road D a. City Manager Fursman presented the staff report. b. City Engineer Ahl and City Attorney Kelly presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolutions approving the Memorandum Agreement with Trout Land, LLC, and approving authorization to execute the 4uit Claim Deed for the Old Trunk Highwayproperty, south of County Road D: RESOLUTION 04-04-079 APPROVING MEMORANDUM OF AGREEMENT WITH TROUT LAND, LLC AND AUTHORIZING EXECUTION OF QUIT CLAIM DEED RELINQUISHING CITY OF MAPLEWOOD INTEREST IN TRACT OF LAND ALONG WEST SIDE OF TH 61, SOUTH OF COUNTY ROAD D 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, and 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, and WHEREAS, the City Attorney has prepared a Memorandum of Agreement with Trout Land, LLC that relinquishes the City's interests in the property defined within the Memorandum of Agreement as Old Trunk Highway 61 easement area, and WHEREAS, the City Attorney recommends approval of the Memorandum of Agreement and execution of a Quit Claim Deed demonstrating the City's relinquishing all interests in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Said Memorandum of 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. Said Quit Claim Deed is hereby approved for signature and the Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. City Counci104-12-04 24 Seconded by Councilmember Koppen Ayes-All 7. Approval of New and Upgraded Warning Sirens a. City Manager Fursman presented the staff report. b. Fire Chief Lukin presented specifics from the report. Councilmember Juenemann moved to approve the purchase of new and upgraded warnin sg irens from Federal Siren in the amount of $37,109.50 and the electrical work to be done by RT Electric in the amount of $27,510.00 Seconded by Councilmember Monahan-Junek Ayes-All Council Contact Appointments City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal moved to approve the following council contact appointments, which will serve a term beginning immediately and expiring on 12/31/05: Planning Commission: Councilmember Rossbach Community Design Review Board: Councilmember Rossbach Housing Redevelopment Authority: Councilmember Monahan-Junek Police Civil Service Commission: Mayor Cardinal Parks Commission: Councilmember Monahan-Junek Human Relations Commission: Councilmember Juenemann Historic Preservation Commission: Councilmember Koppen Environmental Committee: Councilmember Juenemann Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS 1. Diana Longrie-Kline commented on several issues including: the mayor's column in the City News, televising the counciUmanager's workshop, the amended Advisory Board Policy and her feelings on the possible sites for the new suburban court facility. M. COUNCIL PRESENTATIONS 1. City Ordinances-Mayor Cardinal reviewed compliance procedures and enforcement of code violations. 2. MET Council-Mayor Cardinal noted the MET Council has appointed a new task force to revisit the natural resources inventory, which Mayor Cardinal holds a seat. 3. CounciUManager Workshops-Councilmember Monahan-Junek invited the public to attend the counciUmanager workshops, as they are open to the public. City Counci104-12-04 25 10: 58 p. m.: Councilmember Juenemann moved to extend the meeting to complete the agenda. Seconded by Councilmember Monahan-Junek Ayes All A discussion was held on the pros and cons of televising the workshops. 4. Recycling Event-Assistant City Manager Coleman noted that the spring clean-up date is April 24 from 7:00 a.m. to 2:00 p.m. at Aldrich Arena. 5. Focus Group-Councilmember Rossbach announced that the first meeting of the South Leg of Maplewood Focus Group will be held April 22, at 7:00 p.m. at Fire station #4 (the intersection of Sterling Street and London Lane). There are currently 18 residents who will be attending and four councilmembers. 6. Wetland Monitoring-Councilmember Rossbach commented that the Watershed District is monitoring the wetland just south of the Linwood Development and questioned why the city may not feel as though that monitoring is adequate. 7. Noodles Project-Councilmember Juenemann provided afollow-up on the Noodles Restaurant/Maplewood Nature Center project. N. ADMINISTRATIVE PRESENTATIONS Workshop Calendar a. City Manager Fursman presented the staff report. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 11:15 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci104-12-04 26 Agenda #F1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Interview of Applicants for CDRB Membership DATE: March 2, 2004 INTRODUCTION There are four applicants for the community design review board (CDRB) vacancy including Richard Currie, Judith Driscoll, Daniel Lee, and Roger Posch. (Refer to four applications attached.) The applicants will be present at the April 26, 2004, city council workshop for interviews by the city council. BACKGROUND Craig Jorgenson left the CDRB vacancy when he resigned from the board last summer. The two- yearterm of the vacancy would run from January 1, 2004 until January 1, 2006. The city council interviewed three CDRB candidates for the vacancy last fall. All three CDRB candidates also applied and interviewed for a planning commission vacancy. One of the candidates, Jeffrey Bartol, was appointed to the planning commission, with the CDRB position left vacant. Since that time, staff has continued to advertise the CDRB vacancy with the latest deadline for application submittal ending February 27, 2004. DISCUSSION The CDRB ordinance specifies that the city council shall appoint CDRB members as follows: two architects, if available; two members shall be from a related design or construction field, and at least two members shall be citizen laypersons. All members shall be able tp read and interpret architectural drawings to judge the effect of a proposed building, structure, Dr sign upon the surrounding community. Currently the CDRB consists of two engineers, one architect, and one attorney. Other consideration shall be given for factors such as longevity or geography in the community. According to the city council's new policy for appointing advisory board vacancies, the city council will conduct the interviews with a representative of the advisory board available for consultation during the interview. The city council will also accept questions from the advisory boards to use during the interview process. Diana Longrie-Kline, chair of the CDRB, will be present for the April 26, 2004, CDRB interviews. Ms. Longrie-Kline submitted the following questions for the city council's consideration: 1. What is your experience and knowledge base regarding different types of landscaping techniques? 2. What is your experience and knowledge base regarding plantings w th regard to their ease of maintenance, resistance to disease, longevity, compatibility with ther plants, expected growth rates, and expected longevity? 3. What is your experience with regard to the review of parking lot pla~s, parking requirements, and balancing the ratio between impervious and perv ous surfaces? 4. Are you familiar with new techniques for reducing the amount of impervious surfaces? 5. What is your experience in analyzing design or architectural elemen s for compatibility with surrounding buildings, cost to the building owner, functionality, and aintenance? 6. Are you familiar with the different types of building materials on the arket today that are used in construction? 7. Can you discuss your viewpoints regarding new development, retro fitting existing buildings, multi-use zoning, and the direction Maplewood should take in devel ping design standards? 8. Do you have any experience in signage design and/or ordinance d signage? RECOMMENDATION Interview the applicants and appoint a candidate to fill the community des vacancy. P:/cdrb/cdrb interview memo (2004) Attachments: 1. Map of the current CDRB Member's and Applicant's Residences 2. Richard Currie Application 3. Judith Driscoll Application and Resume 4. Daniel Lee Application 5. Roger Posch Application opment regarding review board CDRB Interviews 2 April 19, 2004 Attachment 1 Diana~ICI 1778 Desoto St. Judith Driscoll 1896 Walter St. City of Maplewood CDRB Members CDRB Applicants Linda Olson 2005 0. Rd. C ,:, ; _-- Shankar ng Ave. N W E S Matt Ledvina 1173 Lakewood Dr `~~a'' =' CDRB Members/Applicants CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAM E ~ 1~ / e. h a.~'d Eua e r~ ~ya,¢i~ ADDRESS_ X937 GlEs1` /l~r~cvaa~l per, PHONE NO. Work: _ - Home• 1) How long have you lived in the City of Maplewood? 2) Will other commitments make regular attendance at meetings difficult? Y~ Comments: Attachment 2 ZIP 5~117'Z-ZZ-I TE No ,~, 3) On which Board or Commission are you interested in serving? (please chec .~ Community Design Review Board Park 8~ Recrea ion Commission Housing 8~ Redevelopment Authority Planning Com fission Human Relations Commission Police Civil Se ice Commission 4) Do you have any s ecific areas of interest within this Board's or Commission' scope of responsibilities? 13 y~fc s is ltd n~ ~i~'1'. i Z > .t~ /Vu R S ~ R ~/ Mw 5) List other organizations or clubs in the Community in which you have been or -~i~ ~r~~ s t . ~~~ 1~,~ K, ~ ~ i;, i3 M~pi~w J 6) Why would you like to serve on this Board or Commission? ADDITIONAL COMMENTS: an active participant: gREXt {~~~acic-~C ~bc~'~/ °B ee.~~ 2 c~z-nrt to .. THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLA FORMS\BRDBCOMM.APL 4 !ED AS PUBLIC. 10/96 Attachment 3 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME (1'I,E~SF SEE T't`f~GN'ED) J~DI!- ADDRE I`b9(e ~M~LTCR ST: PHONE N0. Work: _ _Home:_ EMAIL Dr.SC~u_ J~~n~ L~rn F~ 1) How long have you lived in the City of Maplewood? 2) Will other commitments make regular attendance at meetings difficult? Comm No 3) On which Board or Commission are you interested in serving? (please check; ~/ A description of the duties of each committee is on back. /~ Community Design Review Board Park & Recreation Cor Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Cc Environmental Committee Historic Preservation C 4) Do you have any s cific areas of interest within this Board's or Commission ~Refe~ to a1la~hmenf~ 5) List other organizations or clubs in the Community in which you have been F)) Why would you like to serve on the Board or Commission? ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN TH/S APPLICATION AND ANY ATTACHMENT PUBLIC INFORMATION EXCEPT FOR HOME AND WORK TELEPHC Return or mail this application to: City of Maplewood 1830 County Road B East, Maplewood MN 55109 P\COM-DVPl1WORD\COMMISSION-BOARD BSI o9 misslon mmission scope of responsibilities? are an active participant: ~VIDED ARE CONSIDERED NUMBERS. __..~;~IVED M.4R 2 3 2004 11 /03 5 Judith Driscoll 1896 Walter Street, Maplewood, MN 55109 Cell: Home: Driscoll.J(a,juno.com 1. 4 years. I grew up in North St. Paul. 2. No. I am, however, slated to finish a graduate degree in May, and have a change in employment. 3. Community Design Review Board 4. In general I would like to have a hand in shaping the community landscapes. My particular interest would be in the aesthetics and fu proposed structure: How is the building designed? Are the exterior Is the landscaping sufficient? Is the site layout welcoming and func members of the community? then hope to ecture and ality of a ~ials suitable? for all 5. I volunteer at the St. Paul Children's hospital, visiting patients and t eir families with my registered therapy dog. In addition, I developed and executed a de ign workshop for Century College in White Bear Lake which enables students of all leve s to create and execute interior design schemes. 6. I believe I have a somewhat unique viewpoint which comes from attempt to integrate two divergent interests and their work applications. One is in rior and photo design, an area driven by aesthetics and beauty, while another is famil therapy, which is characterized by a desire to help people from all walks of life become ore functional in their lives. In addition, interior design work I did for Glynwood Cente in New York peaked my interest in how town planners fulfill the polarized needs of diverse and growing community. MAR 2 3 2004 Attachment 4 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME a ~ ~~ ~ e2 ADDRESS ~ ~ ~ ~O PHONE NO. Work: Home:_ EMAIL ~ FAX - 1)' How long have you lived in the City of Maplewood? ~D ~~ ~~ ~"''~ 2), Will other commitments make regular attendance at meetings difficult? Y Comments: I~l`eSew~- ~ ~ yts,~fa~ No~ On which Board or Commission are you interested in serving? (please check) A descri ti n of the duties of each committee is on back. Community Design Review Board .7 Park & Recreation Co mission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Co mission 4) Do you have any specific areas of interest within this Board's or Commission' scope of respponsibilities? I I IVti. U~~Y ~"1,~e.~e S~''e `~ j i.~,/~ G(2 5 ~/~.~~-~~ c S ~ v.~ clEn/~ rr.~ ~ Gi 1~,r/+pU.~, o~ ~~ c9,.1 ~~Q ~~'. a(Tic~q( ~, JC/ W /~X , V K. ~ W 6 ~ l~ V 1. l1 1 ~C`,~\ i "~ K ~Z(, ~ i ~!~.v,J {SGC ~ ~ ~ h. V ~ G ~ ~i./l ~y ~Lr'e.~ 01 ~~,an.'~ ~l„~' ~. 5) List other organizations or clubs in the Community in which you have been orb are an active participant: 6) 'Wy~hy wo/u~ld yo(u likje, to serve on t`he Board or Commission? ~ t,u~.s1 \~~I ~ V ~-4L C ~~0.6 S-1Q~~Q, ) Gc,,. ~1 C~µ•.. '~S ~-~'K+;L~'~Q ~ ~-v ~ -1-~. < l- ~// l~ ADDITIONAL COMMENTS: -L r~~<< z~ .ti.Y ~xPEr~e~c.~ i`5 ~~~~: ~'~~~ ti u~~ l'~,~>~~ ~ ~~ S l~ ~v~S~~~er ~~ f- '~ ~ S t S cc ~ a /'~~.~ ~;c~~Y . THE INFORMATION CONTAINED /N THIS APPLICATION AND ANY ATTACHMENT ~ROVIDED ARE CONSIDERED PUBLIC INFORMATION EXCEPT FOR HOME AND WORK TELEPHO E NUMBERS. Return or mail this application to: City of Maplewood 1830 County Road B East, Maplewood MN 55109 P\COM-DVPT\W ORD\COMMISSION-BOARD P ~Sloq 11/03 Attachment 5 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ~~~~-@" PaScJG~ ADDRESS/.SX 3 ~ ~n fy ~-e~ t~ PHONE NO. Work: Home: EMAIL RPPoSCNC, C88u~R~ ~TrCO/~7 FAXJ 1) How long have you lived in the City of Maplewood? -~70- ZIP _~~'10~ 2) Will other commitments make regular attendance at meetings difficult? Yes No Comm On which Board or Commission are you interested in serving? (please c A descr-iptio of the duties of each committee is on back. Community Design Review Board Park & Rec Housing 8~ Redevelopment Authority Planning C Human Relations Commission Police Civil 4) Do you have any specific areas of interest within this Board's or Comm responsibilities? ~d 5) List other organizations or clubs in the Community in which you have participant: q 1/ -., Pt2Sen~a~it1-~ ~1'1tJ~f~ f:G.~t.r.~s c+~.^~b ~~`S/'~-5 ~~a~ ~~,~~-~~~~ ~~~ 1- ~ Pr~ 6) Why would you like to serve on the Board or Commission? ~a ~ ~ ~ V a ~~ ~ ~~ ~ y n ~, ~'c, ~r ~ cu ~ ~w ~ ~-e- a~ c~,1~ r'~ ~'{~ c~~~~- S ~~ ~~ q P /e, cam.. / ; ~ l~ ~~ fie. Sao ~ r ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATIONAND ANYATTACHMENT - ' ~ " PUBLIC INFORMATION. WORD/BRD&COMM Commission Commission n's scope of or are an active d-~ ~~ ~~ ~~-~ ARE CONSIDERED 04/02 8 ~S O ~''` Pnt Qc - ~a ~ c E ©~ C OfZ. ~ i~rtcv ~ tii C S ~ v ~ ~o (Z. 1 l~ ~ r[ ~ ~ ~~ ~ ~-~ Ea ~k1.1-~ t t 1~ ~Ql ~ T {CL [`~O M 6 ~O N STR+xLZ'1[ 9 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: Apri126, 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: $ 33,157.72 Checks # 63566 thru # 63568 dated 4/06/04 thru 04/07/04 $ 96,865.50 Checks # 63569 thru # 63623 dated 4/13/04 $ 143,841.39 Disbursements via debits to checking account dated 4/02/04 thru 4/08/04 $ 735,215.74 Checks # 63624 thru # 63633 dated 4/15/04 $ 365,945.91 Checks # 63634 thru # 63672 dated 4/16/04 thru 4/20/04 $ 572,856.16 Disbursements via debits to checking account dated 4/09/04 thru 4/15/04 $ 1,947,882.42 Total Accounts Payable PAYROLL $ 406,939.45 Payroll Checks and Direct Deposits dated 4/09/04 $ 6,076.47 Payroll Deduction check # 97140 thru # 97144 dated 4/09/04 $ 413,015.92 Total Payroll $ 2,360,898.34 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents\Excel\Miscellaneous\04-AprClms 04-09 and 4-16 Check Register City of Maplewood vchlist 04/09/2004 10:37:56 AM Check Date Vendor Description/Account Amount 63566 4/6/2004 00983 METRO SALES INC MULTI-FUNCTION WIDE FORMAT SCANNER, 29,618.72 63567 4/7/2004 03006 MCLAUGHLIN, RICHARD J CONSULTING SERVICES 3,324.00 63568 4/7/2004 03066 CASSELTON, WARREN & MARY REFUND-REV RECAPTURE SSN ERROR 215.00 63569 4/13/2004 00174 BELDE, STAN K-9 HANDLER -APR 35.00 K-9 HANDLER -FEB 35.00 K-9 HANDLER -JAN 35.00 K-9 HANDLER -MAR 35.00 63570 4/13/2004 00178 BERGGREN, GORDON NAME SIGNS 40.00 63571 4/13/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 273.00 MERCH FOR RESALE 117.00 63572 4/13/2004 03064 BKBM ENGINEERS STRUCTURAL REVIEW 912.50 63573 4/13/2004 02777 CONTRACTOR REFINISHING SRV INC REPAINT BED AND LIFT GATE 438.45 63574 4/13/2004 03067 CRAIG RAPP CONSULTING INC 2004 COUNCIL/STAFF RETREAT 1,755.00 63575 4/13/2004 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER COST 326.54 63576 4/13/2004 00358 DGM INC. TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW VEHICLE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 TOW FORFEITURE 90.53 63577 4/13/2004 00509 FIRE MARSHAL ASSN OF MN NW FIRE CODE TRNG 95.00 63578 4/13/2004 00538 FRED PRYOR SEMINARS TRAINING CLASS 79.00 63579 4/13/2004 00668 HIEBERT,STEVEN K-9 HANDLER-APR 35.00 K-9 HANDLER -FEB 35.00 K-9 HANDLER -JAN 35.00 K-9 HANDLER -MAR 35.00 63580 4/13/2004 02970 HIGH FREQUENCY DJ COMPANY DJ FOR DANCE 3/19 300.00 DJ FOR DANCE 4/16 300.00 63581 4/13/2004 02352 HINCKLEY CHEVROLET & GMAC 1/2 TON 2WD PICKUP TRUCK, MODEL CC15903 13,298.41 63582 4/13/2004 00718 INDEPENDENT SCHOOL DIST #622 FORWARD BALANCE -0.01 BLDG SUPV-EVENT #030002326,27,28 435.00 BLDG SUPV -EVENT #030002191 696.25 BLDG SUPV -EVENT#030002193 107.50 63583 4/13/2004 02990 INSTANT INSTALL INC MOVE & INSTALL OFFICE FURNITURE 245.00 63584 4/13/2004 01894 KELLY & FAWCETT PA PROSECUTION SRVS -MAR 9,825.00 LEGAL SERVICES -MAR 15,804.74 63585 4/13/2004 00827 L M C I T INSURANCE CLAIM 1,844.83 63586 4/13/2004 00857 LEAGUE OF MINNESOTA CITIES CONFERENCE FEE 20.00 63587 4/13/2004 03065 M A T S A CONF REGISTRATION 185.00 63588 4/13/2004 02336 M A TAYLOR INC FITNESS CONSULTANT - 1ST QTR 1,550.00 63589 4/13/2004 02944 MATTHEWS CONSTRUCTION REF GRADING ESC - 1332 BURKE CIR E 1,048.90 63590 4/13/2004 01610 METAL DOCTOR, THE HINGES 54.31 63591 4/13/2004 01044 MN FIRE SERVICE CERT BD FIREFIGHTER II TESTS - 6 300.00 63592 4/13/2004 02948 MN HUMANITIES COMMISSION COUNCIL/STAFF RETREAT 850.00 63593 4/13/2004 01181 NORTHEAST SUBURBAN TRANSIT 2004 CONTRIBUTION TO NEST 34,110.00 63594 4/13/2004 01131 NSPAA SR GIRLS SOFTBALL REGISTRATION 300.00 63595 4/13/2004 01202 NYSTROM PUBLISHING CO INC SCHOOL BROCHURE 2,155.56 63596 4/13/2004 00001 ONE TIME VENDOR REF DOROTHY JACKSON -AMB 01013753 472.90 63597 4/13/2004 00001 ONE TIME VENDOR REF NAOMI MONTGOMERY -MEMBERSHIP 440.00 63598 4/13/2004 00001 ONE TIME VENDOR REF SANG NGUYEN -AMB 03015353 349.50 63599 4/13/2004 00001 ONE TIME VENDOR REF SOUTHWEST HS - SR CLASS PARTY 200.00 63600 4/13/2004 00001 ONE TIME VENDOR REF CARRIE RICKEL -STATE TOURN 120.00 63601 4/13/2004 00001 ONE TIME VENDOR REF KATHERINE COVER -MCC PROG 59.00 63602 4/13/2004 00001 ONE TIME VENDOR REF LINCOLN BOYS & GIRLS -MCC GRP 31.80 2 Check Date Vendor Description/Account Amount 63603 4/13/2004 00001 ONE TIME VENDOR REF WALLY FASULO -TOWEL SRV 30.00 63604 4/13/2004 00001 ONE TIME VENDOR REF HERMAN SCHULTE -TOWEL SRV 27.50 63605 4/13/2004 00001 ONE TIME VENDOR REF ROGER MOLLET -TOWEL SRV 27.50 63606 4/13/2004 00001 ONE TIME VENDOR REF JAMES GEAR -TOWEL SRV 20.00 63607 4/13/2004 00001 ONE TIME VENDOR REF NANCY RANDALL -TOWEL SRV 20.00 63608 4/13/2004 00001 ONE TIME VENDOR REF LUANN ORR - AMB 04002573 18.00 63609 4/13/2004 00001 ONE TIME VENDOR REF PHILIP KLITZKE -TOWEL SRV 17.50 63610 4/13/2004 00001 ONE TIME VENDOR REF JAMES HANSEN -TOWEL SRV 17.50 63611 4/13/2004 00001 ONE TIME VENDOR REF MARIAN KLEBE -TOWEL SRV 15.00 63612 4/13/2004 00001 ONE TIME VENDOR REF PATRICK VAUGHAN -MCC LEAGUE 14.00 63613 4/13/2004 00001 ONE TIME VENDOR REF ALLEN SIEKMEIER -TOWEL SRV 12.50 63614 4/13/2004 00001 ONE TIME VENDOR REF KIM BERGTHOLD -MCC PROGRAM 10.00 63615 4/13/2004 00001 ONE TIME VENDOR REF ROGER NELSON -TOWEL SRV 10.00 63616 4/13/2004 00001 ONE TIME VENDOR REF ROBERT KARR -TOWEL SRV 7.50 63617 4/13/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 648.95 63618 4/13/2004 01359 REGAL AUTO WASH DETAIL XX CAR WASHES -MAR 134.08 63619 4/13/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 294.50 MERCH FOR RESALE 250.34 MERCH FOR RESALE 536.60 FINANCE CHARGE 8.17 63620 4/13/2004 02001 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT MIS -APR 625.00 63621 4/13/2004 02930 SCHMIDT, DEB REPLENISH PETTY CASH 321.37 63622 4/13/2004 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 3,024.10 63623 4/13/2004 01750 WATSON CO INC, THE MERCH FOR RESALE 449.91 58 Checks in this report Total checks : 130,023.22 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/01/04 04/02/04 MN State Treasurer 03/26/04 04/02/04 WI Dept of Revenue 04/01/04 04/02/04 MN Dept of Natural Resources 04/02/04 04/05/04 MN State Treasurer 04/05/04 04/06/04 MN State Treasurer 04/06/04 04/07/04 MN State Treasurer 04/07/04 04/08/04 MN State Treasurer 04/02/04 04/08/04 Elan Financial Services* TOTAL Description Drivers License/Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Purchasing card items *Detailed listings of Elan purchasing card items are attached. Amount 21,156.62 1,221.25 584.50 22,244.84 23,741.53 27,510.88 17,099.80 30,281.97 ~n~ Qn~ ~n 4 Transaction Review For Transactions posted between 03/20/2004 to 03/26/2004 Post Date Vendor Name 03/22/2004 03/25/2004 03/26/2004 03/22/2004 03/23/2004 03/24/2004 03/22/2004 03/25/2004 03/26/2004 03/25/2004 03/26/2004 03/24/2004 03/26/2004 03/26/2004 03/22/2004 03/22/2004 03/23/2004 03/25/2004 03/23/2004 03/23/2004 03/24/2004 03/25/2004 03/24/2004 03/24/2004 03/23/2004 03/26/2004 03/26/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/23/2004 03/23/2004 03/24/2004 03/26/2004 03/26/2004 03/24/2004 03/22/2004 03/26/2004 03/22/2004 03/24/2004 03/26/2004 03/23/2004 03/25/2004 03/25/2004 03/22/2004 03/26/2004 03/22/2004 03/22/2004 PIONEER PRESS ADVERTISIN S & T OFFICE PRODUCTS STREICHERS POLICE EQUIPM SNYDER DRUG #5073 WAL MART JOANN ETC #1970 GOODYEAR AUTO SRV CT 6920 SHRED IT ARCH WIRELESS RUN N'FUN UNIFORMS UNLIMITED INC HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE U OF M-EBANK BOOKSTORES MICHAELS #9401 HI LAKE TRUE VALUE KNOWLAN'S SPRMKT.#2 AUTOZONE #3082 VERIZON DIRECTORIES ROAD RUNNER TRANSPORTATIO KINKO'S #0617 GALYAN'S WOODBURY KINKO'S #0617 S & T OFFICE PRODUCTS USI USI INC MENARDS 3059 GLENWOOD-INGLEWOOD KNOWLAN'S SPRMKT.#2 CUB FOODS, INC. TARGET 00011858 BEST BUY 00000158 WW GRAINGER 497 METRO SALES INC S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS ST PAUL STAMP WORKS IN ST PAUL STAMP WORKS IN NAPA AUTO PARTS AMERICAN RED CROSOI OF O1 CABLING SERVICES CORPORAT THE HOME DEPOT 2801 HENRIKSEN ACE HARDWARE DALCO ENTERPRISES, INC CERTIFIED LABORATORIES HENRIKSEN ACE HARDWARE AMERICAN RED CROSOI OF O1 RAINBOW FOODS 1-881 ARBY'S #214 Q52 DALCO ENTERPRISES, INC A-1 HYDRAULIC SALES & SER Settlement Amt Cardholder Name 3/29/2004 449.84 BRUCE K ANDERSON 322.63 BRUCE K ANDERSON 823.78 SCOTT ANDREWS 12.49 MANDY ANZALDI 48.61 MANDY ANZALDI 79.42 MANDY ANZALDI 190.10 JOHN BANICK 136.53 JOHN BANICK 382.88 JOHN BANICK 59.50 PAUL BARTZ 76.15 PAUL BARTZ 14.46 JIM BEHAN 14.87 JIM BEHAN 34.57 JIM BEHAN 2.68 OAKLEY BIESANZ 12.60 OAKLEY BIESANZ 23.53 OAKLEY BIESANZ 7.09 OAKLEY BIESANZ 12.76 RON BOURQUIN 121.50 HEIDI CAREY 37.28 HEIDI CAREY 42.76 HEIDI CAREY 69.99 KEVIN COFFEY 49.46 LINDA CROSSON 32.61 ROBERTA DARST 34.71 ROBERTA DARST 170.52 DAVE EDSON 106.34 DAVID FISHER 6.28 VIRGINIA GAYNOR 8.97 MIKE GRAF 71.55 MIKE GRAF 19.14 MIKE GRAF 25.93 MARK HAAG 246.81 LORI HANSEN 64.77 LORI HANSON 7.09 LORI HANSON 8.58 LORI HANSON 70.19 LORI HANSON 92.59 LORI HANSON 10.51 MICHAEL HEMQUIST 294.00 RON HORWATH 1,029.82 STEVE HURLEY 15.95 DAVID JAHN 5.85 DAVID JAHN 15.78 DAVID JAHN 410.40 MICHAEL KANE 6.34 MARY B KOEHNEN 311.00 MARY B KOEHNEN 3.05 HEATHER KOS 12.49 DAVID KVAM 232.53 MICHAEL LIDBERG 111.89 DENNIS LINDORFF 5 Post Date Vendor Name 03/23/2004 03/22/2004 03/22/2004 03/22/2004 03/23/2004 03/25/2004 03/26/2004 03/24/2004 03/22/2004 03/22/2004 03/22/2004 03/26/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/23/2004 03/23/2004 03/24/2004 03/24/2004 03/24/2004 03/24/2004 03/24/2004 03/24/2004 03/25/2004 03/26/2004 03/26/2004 03/26/2004 03/22/2004 03/22/2004 03/23/2004 03/24/2004 03/25/2004 03/25/2004 03/26/2004 03/25/2004 03/23/2004 03/24/2004 03/22/2004 03/22/2004 03/25/2004 03/25/2004 03/25/2004 03/22/2004 03/24/2004 03/25/2004 03/22/2004 03/24/2004 03/26/2004 03/26/2004 03/22/2004 03/23/2004 03/24/2004 03/24/2004 03/24/2004 03/26/2004 MENARDS 3022 RAINBOW FOODS 1-886 TARGET 00011858 OFFICE MAX 00002204 AMERITECH MOBILE PA VIKING ELECTRIC ST PAUL LTG POWER EQUIPMENT MAUTZ #3525 WALDOCH CUSTOM CENTERS IN KOHL'S 0577 EMERGENCY MEDICAL PRODUCT OFFICE MAX 00002204 THE HOME DEPOT 2801 HP PARTS SUPPORT MAC QUEEN EQUIPMENT IN MAC QUEEN EQUIPMENT IN JOHN FRYE DISTRIBUTING PIONEER RIM & WHEEL CO ASE TEST FEES SKARNES INC SUNRAY BTB KATH AUTO PARTS KATH AUTO PARTS KATH AUTO PARTS MTI DISTRIBUTING, INC.-PL KATH AUTO PARTS PINK BUSINESS INTERIORS BAUDVILLE/IDVILLE DALCO ENTERPRISES, INC ORIENTAL TRADE BUSINESS A TARGET 00006197 GRAND SLAM SPORTS THEATRE HOUSE TARGET 00011858 TARGET 00011858 MENARDS 3059 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS WW GRAINGER 500 WW GRAINGER 500 ARCH WIRELESS SUZANNE'S CUISINE, INC SUZANNE'S CUISINE, INC KOHL'S #0052 FACTORY CARD OUTLET #284 RAINBOW FOODS 1-886 UNIFORMS UNLIMITED INC ZEP MANUFACTURING CLKBANK COM DOWNLOAD ANCOM TECHNICAL CENTER IN TWIN CITY FILTER SERV. DALCO ENTERPRISES, INC FOREST PRODUCTS SUPPLY MINVALCO INC INDUSTRIAL SUPPLY CO INC THE HOME DEPOT 2801 Settlement Amt Cardholder Name 21.61 DENNIS LINDORFF 38.17 STEVE LUKIN 16.23 STEVE LUKIN 25.55 STEVE LUKIN 17.61 STEVE LUKIN 125.41 MARK MARUSKA 6.34 MARK MARUSKA 42.95 JOHN NAUGHTON 212.99 MICHAEL NOVAK 37.99 STEVEN PALMA 131.13 KURT PARSONS 31.94 KURT PARSONS 126.66 ROBERT PETERSON 50.77 PHILIP F POWELL 9.17 STEVEN PRIEM 527.80 STEVEN PRIEM 132.90 STEVEN PRIEM 225.43 STEVEN PRIEM 103.00 STEVEN PRIEM 458.12 STEVEN PRIEM 44.15 STEVEN PRIEM 80.09 STEVEN PRIEM 66.74 STEVEN PRIEM 61.49 STEVEN PRIEM 43.77 STEVEN PRIEM 34.25 STEVEN PRIEM 34.62 KEVIN RABBETT 64.80 TERRIE RAMEAUX 113.74 MICHAEL REILLY 70.50 AUDRA ROBBINS 195.35 AUDRA ROBBINS 469.67 AUDRA ROBBINS 190.55 AUDRA ROBBINS 58.67 AUDRA ROBBINS 21.30 AUDRA ROBBINS 6.99 JAMES SCHINDELDECKER 38.74 DEB SCHMIDT 39.47 DEB SCHMIDT 214.61 PAULINE STAPLES 23.38 PAULINE STAPLES 61.70 PAULINE STAPLES 70.00 PAULINE STAPLES 112.00 PAULINE STAPLES 153.94 SCOTT STEFFEN 35.36 JOANNE M SVENDSEN 9.71 JOANNE M SVENDSEN 91.06 RUSTIN SVENDSEN 182.90 RUSTIN SVENDSEN 27.00 RUSTIN SVENDSEN 56.82 RUSTIN SVENDSEN 75.24 LYLE SWANSON 31.95 LYLE SWANSON 70.46 LYLE SWANSON 322.98 LYLE SWANSON 33.66 LYLE SWANSON 33.35 LYLE SWANSON 6 Post Date Vendor Name 03/26/2004 THE HOME DEPOT 2801 03/26/2004 HIRSHFIELD'S MAPLEWOOD 03/22/2004 QWESTCOMM TN651 03/25/2004 SHRED IT 03/22/2004 TRI STATE BOBCAT 03/22/2004 UNIFORMS UNLIMITED INC 03/23/2004 OFFICE DEPOT #375 03/25/2004 UNIFORMS UNLIMITED INC 03/23/2004 ROS RELIABLE OFFICE SU 03/25/2004 LANDSENDBUSINESS Settlement Amt Cardholder Name 76.49 LYLE SWANSON 113.78 LYLE SWANSON 334.18 JUDY TETZLAFF 16.65 JUDY TETZLAFF -102.20 TODD TEVLIN 212.69 PAUL THIENES 22.35 JOSEPH WATERS 47.39 JAY WENZEL 45.84 SUSAN ZWIEG 30.45 SUSAN ZWIEG 12,831.57 7 Transaction Review 4 / 5 / 2 0 04 For Transactions posted between 03/27/2004 to 04/02/2004 Post Date Vendor Name Settlement Amt Cardholder Name 03/29/2004 UNIFORMS UNLIMITED INC 50.05 MARK ALDRIDGE 03/29/2004 TIME WARNER CABLE R15 109.79 BRUCE K ANDERSON 03/29/2004 S & T OFFICE PRODUCTS 110.63 BRUCE K ANDERSON 04/01/2004 SPRINTPCS-SPEEDPAYNR 35.00 BRUCE K ANDERSON 03/29/2004 MICHAELS #9401 39.62 MANDY ANZALDI 03/29/2004 GA TECH -BURSARS OF 540.00 JOHN BANICK 03/31/2004 UNIFORMS UNLIMITED INC 152.18 JOHN BANICK 04/01/2004 LAMETTRY'S COLLISION 1,227.64 JOHN BANICK 03/29/2004 MUSKA LIGHTING CENTER 589.26 JIM BEHAN 03/31/2004 RADIO SHACK 00161133 3.20 JIM BEHAN 03/31/2004 ALL MAIN STREET ELEC 1,378.00 JIM BEHAN 04/01/2004 AQUA LOGIC INC 749.85 JIM BEHAN 04/01/2004 NORTHERN TOOL EQUIPMNT 8.51 JIM BEHAN 03/29/2004 ACORN NATURALISTS-INTE 68.40 OAKLEY BIESANZ 03/31/2004 NORTHERN TOOL EQUIP-MN 90.22 RON BOURQUIN 03/30/2004 GALYAN'S WOODBURY 31.94 HEIDI CAREY 03/31/2004 MICHAELS #2744 33.63 HEIDI CAREY 04/02/2004 ORIENTAL TRADING CO -21.45 HEIDI CAREY 03/31/2004 UNIFORMS UNLIMITED INC 165.68 KEVIN COFFEY 03/29/2004 UNIFORMS UNLIMITED INC 74.95 KERRY GROTTY 03/29/2004 SENSIBLE LAND USE COAL 30.00 ROBERTA DARST 04/01/2004 CUB FOODS, INC. 14.87 ROBERTA DARST 03/29/2004 UNIFORMS UNLIMITED INC 48.45 MICHAEL DUGAS 03/29/2004 MENARDS 3059 10.06 DAVE EDSON 03/31/2004 NWA AIR 0122100865163 196.70 DANIEL F FAUST 03/29/2004 OVERHEAD DOOR OF NORTH 89.00 DAVID FISHER 03/31/2004 THE HOME DEPOT 2801 61.62 DAVID FISHER 03/31/2004 BEST BUY 00000109 106.47 MYCHAL FOWLDS 04/01/2004 AMERICAN APPAREL -250.00 MYCHAL FOWLDS 04/01/2004 THE HOME DEPOT 2801 11.15 MYCHAL FOWLDS 04/02/2004 SPRINTPCS AUTOPYMT RC1 124.91 RICHARD FURSMAN 04/01/2004 BATTERIES PLUS 22.76 CAROLE GERNES 04/02/2004 HENRIKSEN ACE HARDWARE 18.52 CAROLE GERNES 04/02/2004 OFFICE MAX 00002204 19.37 CAROLE GERNES 04/02/2004 RITZ CAMERA #395 31.94 CAROLE GERNES 03/29/2004 KINKO'S #0617 33.53 CLARENCE GERVAIS 04/01/2004 ASPEN MILLS 8005717343 174.90 CLARENCE GERVAIS 03/31/2004 RHODE ISLAND NOVELTY 130.58 MIKE GRAF 03/30/2004 S & T OFFICE PRODUCTS 40.81 LORI HANSON 03/29/2004 MENARDS 3022 25.50 GARY HINNENKAMP 03/30/2004 MENARDS 3059 45.62 GARY HINNENKAMP 03/29/2004 METRO SALES INC 230.00 STEVE HURLEY 03/29/2004 ADT SECURITY SERVICES 319.00 STEVE HURLEY 03/29/2004 AT&T ARBOR/ESB 1,013.60 STEVE HURLEY 03/29/2004 GOLDCOM INC 174.46 STEVE HURLEY 04/02/2004 ADT SECURITY SERVICES 155.57 STEVE HURLEY 04/01/2004 RITZ CAMERA #396 39.38 ANN E HUTCHINSON 03/29/2004 ARBY'S #214 Q52 13.44 DAVID KVAM 04/02/2004 STREICHER'S POLICE EQP 884.59 DAVID KVAM 03/29/2004 DALCO ENTERPRISES, INC 27.69 MICHAEL LIDBERG 03/29/2004 MENARDS 3022 18.66 DENNIS LINDORFF 03/30/2004 NORTHERN TOOL EQUIPMNT 25.52 DENNIS LINDORFF 8 Post Date Vendor Name Settlement Amt Cardholder Name 04/01/2004 MILLS FLEET FARM #27 7.97 DENNIS LINDORFF 03/31/2004 VALLEY TROPHY 97.58 STEVE LUKIN 04/01/2004 METRO ATHLETIC SUPPLY 985.29 MARK MARUSKA 04/02/2004 VIKING ELECTRIC ST PAUL 416.32 MARK MARUSKA 04/02/2004 METRO ATHLETIC SUPPLY 596.19 MARK MARUSKA 03/30/2004 TRI STATE BOBCAT 149.10 BRYAN NAGEL 03/30/2004 TRI STATE BOBCAT 396.39 BRYAN NAGEL 03/29/2004 ALLIED CAMERA REPAIR 80.00 JEAN NELSON 03/29/2004 DEMCO INC 37.21 JEAN NELSON 03/29/2004 RADIO SHACK 00161133 62.54 PHILIP F POWELL 03/29/2004 AMHERST MEDIA,INC. 47.90 PHILIP F POWELL 03/29/2004 MASUNE COMPANY 46.40 PHILIP F POWELL 03/29/2004 BAUER BULT TRE33200023 280.82 STEVEN PRIEM 03/29/2004 KATH AUTO PARTS 35.78 STEVEN PRIEM 03/30/2004 KATH AUTO PARTS 66.49 STEVEN PRIEM 03/31/2004 TOUSLEY FORD I27200039 184.30 STEVEN PRIEM 03/31/2004 SUNRAY BTB 10.90 STEVEN PRIEM 03/31/2004 SOI SNAP-ON INDUSTRIAL 14.78 STEVEN PRIEM 04/02/2004 PIONEER RIM & WHEEL CO 209.87 STEVEN PRIEM 04/02/2004 KATH AUTO PARTS 62.78 STEVEN PRIEM 03/29/2004 CPD INDUSTRIES 449.00 KEVIN RABBETT 03/29/2004 COURTYARD BY MARRIOTT DEP 216.00 AUDRA ROBBINS 03/31/2004 MILL CITY MUSEUM 88.00 AUDRA ROBBINS 03/31/2004 MILLS FLEET FARM #27 3.50 JAMES SCHINDELDECKER 03/31/2004 HANDY HITCH & WELDING 338.64 JAMES SCHINDELDECKER 04/01/2004 HANDY HITCH & WELDING 312.71 JAMES SCHINDELDECKER 03/31/2004 S & T OFFICE PRODUCTS 76.16 DEB SCHMIDT 03/31/2004 T-MOBILE 45.99 SCOTT SCHULTZ 04/01/2004 MENARDS 3022 24.27 GERALD SEEDER 03/30/2004 T-MOBILE 23.56 ANDREA SINDT 03/30/2004 NEXTEL WIRELESS SVCS 436.91 ANDREA SINDT 03/29/2004 WW ORAINOER 500 206.80 PAULINE STAPLES 03/30/2004 MENARDS 3059 30.19 RONALD SVENDSEN 03/29/2004 ANCOM TECHNICAL CENTER IN 61.99 RUSTIN SVENDSEN 03/30/2004 METRO FIRE 98.80 RUSTIN SVENDSEN 03/29/2004 OVERHEAD DOOR OF NORTH 133.50 LYLE SWANSON 03/29/2004 CRAMER BLDG SERVICES INC 200.00 LYLE SWANSON 03/31/2004 ALL MAIN STREET ELECTRIC 348.00 LYLE SWANSON 03/31/2004 ALL MAIN STREET ELECTRIC 96.00 LYLE SWANSON 03/31/2004 HIRSHFIELD'S MAPLEWOOD 101.43 LYLE SWANSON 03/31/2004 HIRSHFIELD'S MAPLEWOOD 126.05 LYLE SWANSON 04/02/2004 HENRIKSEN ACE HARDWARE 252.21 LYLE SWANSON 04/02/2004 HIRSHFIELD'S MAPLEWOOD 37.99 LYLE SWANSON 04/02/2004 HIRSHFIELD'S MAPLEWOOD 27.29 LYLE SWANSON 04/02/2004 HIRSHFIELD'S MAPLEWOOD 39.39 LYLE SWANSON 04/02/2004 HIRSHFIELD'S MAPLEWOOD 76.13 LYLE SWANSON 03/31/2004 T-MOBILE 109.22 DOUGLAS J TAUBMAN 03/31/2004 QWESTCOMM TN651 60.43 JUDY TETZLAFF 03/29/2004 GREEN STUFF INC 307.56 SUSAN ZWIEO 03/29/2004 PIONEER PRESS SUBSCRIPTI 8.30 SUSAN ZWIEO 17,450.40 9 Check Register City of Maplewood vchlist 04/16/2004 10:09:19 AM Check Date Vendor Description/Account Amount 63624 4/15/2004 02285 KELLY &FAWCETT, PA TRUST ACCT CLOSING ON 3062 HAZELWOOD ST 84,770.61 63625 4/15/2004 01894 KELLY &FAWCETT PA CLOSING ON 3062 HAZELWOOD ST 20.00 63626 4/15/2004 03070 GEBHARD, DANIEL CLIFFORD PURCHASE 3062 HAZELWOOD ST 232,391.65 63627 4/15/2004 02472 CAPITAL TITLE CORPORATION CLOSING ON 3062 HAZELWOOD ST 2,060.10 63628 4/15/2004 03009 RAMSEY COUNTY TREASURER CLOSING ON 3062 HAZELWOOD ST 2,196.00 63629 4/15/2004 01894 KELLY &FAWCETT PA CLOSING ON 3056 HAZELWOOD ST 20.00 63630 4/15/2004 03009 RAMSEY COUNTY TREASURER CLOSING ON 3056 HAZELWOOD ST 2,230.00 63631 4/15/2004 03071 TWIN CITY CO-OPS MORTGAGE CLOSING ON 3056 HAZELWOOD ST 35,928.75 63632 4/15/2004 03072 GATES, SILAS M PURCHASE OF 3056 HAZELWOOD ST 373,223.63 63633 4/15/2004 02472 CAPITAL TITLE CORPORATION CLOSING ON 3056 HAZELWOOD ST 2,375.00 63634 4/20/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 3/29 - 4/7 962.45 63635 4/20/2004 02034 ASSN FOR NONSMOKERS 2004 TOBACCO COMPLIANCE PROJECT 1,599.00 63636 4/20/2004 01974 BLUE CROSS REFUNDS REF BLUE CROSS -AMB 03008966 180.00 63637 4/20/2004 00210 BRAUER & ASSOCIATES, LTD TRAIL DESIGN 564.00 LEGACY PARK PLANNING 4,220.15 JOY PARK PLANNING SRVS 328.26 AFTON HTS PARK PLNG & DEV 360.00 63638 4/20/2004 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 63639 4/20/2004 02777 CONTRACTOR REFINISHING SRV INC REPAINT BOX, SANDER, PLOW & LIGHT 748.85 63640 4/20/2004 02974 CORBAN GROUP INC, THE RECORDS MGMT SYS CONSULTING FEE 490.00 63641 4/20/2004 00353 CURTIS 1000 MAILING LABELS 1,040.38 LEAVE/VAC/PH REQUEST FORMS 239.36 ANNUAL STATIONERY ORDER 94.12 ANNUAL STATIONERY ORDER 259.63 ANNUAL STATIONERY ORDER 216.35 ANNUAL STATIONERY ORDER 519.25 ANNUAL STATIONERY ORDER 627.50 ANNUAL STATIONERY ORDER 735.17 ANNUAL STATIONERY ORDER 306.08 ANNUAL STATIONERY ORDER 551.20 ANNUAL STATIONERY ORDER 94.70 ANNUAL STATIONERY ORDER 1,002.59 ANNUAL STATIONERY ORDER 376.50 ANNUAL STATIONERY ORDER 376.50 ANNUAL STATIONERY ORDER 62.75 ANNUAL STATIONERY ORDER 701.25 ANNUAL STATIONERY ORDER 173.08 63642 4/20/2004 00463 EMERGENCY APPARATUS MAINT REPAIR AMB MEDIC 2 237.76 63643 4/20/2004 02567 EVERGREEN LAND SERVICES RELOCATION SRVS -LEGACY PRKWY 573.45 RELOCATION SPEC - 3056 HAZELWOOD 492.35 RELOCATION SPEC - 3062 HAZELWOOD 721.65 63644 4/20/2004 00487 F.M. FRATTALONE EXC INC PROJ 02-07 CTY RD D PYMT 3 141,021.75 63645 4/20/2004 00585 GOPHER STATE ONE-CALL NET BILLABLE TICKETS 341.55 63646 4/20/2004 02352 HINCKLEY CHEVROLET & GMAC 2004 CHEV IMPALA 4 DOOR FULL SIZE SEDAN 16,065.57 63647 4/20/2004 00718 INDEPENDENT SCHOOL DIST #622 GYM SUPERVISION - FEB 247.86 63648 4/20/2004 00489 INTEREUM INC DESIGN FEE 1,622.50 63649 4/20/2004 00771 JOHNSON, RICK DEER REMOVAL 100.00 63650 4/20/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07 PROF SRVS THRU 2/29 13,514.41 PROJ 03-09 PROF SRVS THRU 2/29 4,411.23 63651 4/20/2004 03069 MN AMBULANCE ASSN EMS LAB TRAINING - 4 200.00 63652 4/20/2004 01044 MN FIRE SERVICE CERT BD FIRE FIGHTER II TESTING 100.00 63653 4/20/2004 01145 NATL LAW ENFORCEMENT CONF 2004 EXPLOER CONF 1,200.00 63654 4/20/2004 00001 ONE TIME VENDOR REF SHANNON ROBINS -AMB 03016761 100.00 63655 4/20/2004 00001 ONE TIME VENDOR REF NANCY MCCARTY -MCC PROGRAM 40.00 63656 4/20/2004 00001 ONE TIME VENDOR REF KATHLEEN LABATHE -MEMBERSHIP 22.78 63657 4/20/2004 00001 ONE TIME VENDOR REF DEB HUDALLA -MCC PROGRAM 17.60 63658 4/20/2004 00001 ONE TIME VENDOR REF JENNIFER TRACY -MEMBERSHIP 7.00 63659 4/20/2004 01295 PREMIER BANK SAFE DEPOSIT BOX #424 RENTAL 120.00 10 Check 63660 63661 63662 63663 63664 63665 63666 Date 4/20/2004 4/20/2004 4/20/2004 4/20/2004 4/20/2004 4/20/2004 4/20/2004 63667 4/20/2004 63668 4/20/2004 63669 4/20/2004 63670 4/20/2004 63671 4/20/2004 63672 4/16/2004 49 Checks in this report Vendor 00396 PUBLIC SAFETY, DEPT OF 01337 RAMSEY COUNTY-PROP REC & REV 01360 REINHART FOODSERVICE 00069 RISK MANAGEMENT ALTERNATIVES 03073 SANDERS WACKER BERGLY INC 01463 SISTER ROSALIND GEFRE 01504 ST PAUL, CITY OF 02981 STORK TWIN CITY TESTING CORP 01574 T.A. SCHIFSKY & SONS, INC 03074 TOTAL REFRIGERATION SYS INC 01649 TRI-STATE BOBCAT, INC. 01734 WALSH, WILLIAM P. 01190 XCEL ENERGY Description/Account MANAGERIAL COMM COURSE - 2 TRAFFIC SIGNAL MAINT 7/1 - 12/31/03 TRAFFIC SIGNAL MAINT 7/1 - 12//31/03 MERCH FOR RESALE COLLECTION AGENCY FEE TRAIL LANDSCAPE ARCH SRVS -FEB TRAIL LANDSCAPE ARCH SRVS -FEB MASSAGE-MAR ASPHALT MIX -MAR MEDICAL SUPPLIES RADIO SRV &MAINT -MAR PROJ 02-07 PROF SRVS THRU 3/26 PROJ 02-10 KENNARD/FROST PYMT #7 INSTALL TEMPERATURE MONITOR BOBCAT 72" INDUSTRIAL BUCKET GRAPPLE COMM PLUMBING INSPECTIONS MONTHLY UTIL -STMT DATE 4/5/04 Total checks Amount 240.00 237.59 253.34 802.83 15.00 2,067.50 760.00 2,924.00 928.09 859.23 1,149.06 2,310.00 105,736.78 572.50 2,258.87 532.00 46,262.54 1.101.161.65 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/08/04 04/09/04 04/08/04 04/09/04 04/09/04 04/09/04 04/ 12/04 04/09/04 04/09/04 04/09/04 04/ 13/04 04/ 14/04 04/06/04 04/ 10/04 04/ 11 /04 04/ 15/04 04/09/04 04/09/04 04/09/04 04/ 12/04 04/ 12/04 04/ 12/04 04/ 13/04 04/ 13/04 04/ 13/04 04/ 13/04 04/ 14/04 04/ 15/04 04/ 15/04 04/ 15/04 04/ 15/04 04/ 15/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer Federal Reserve Bank Orchard Trust MN State Treasurer MN State Treasurer MN Dept of Revenue ARC Administration Pitney Bowes U.S. Bank Trust TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License/Deputy Registrar State Payroll Tax Savings Bonds Deferred Compensation Drivers License/Deputy Registrar Drivers License/Deputy Registrar MN Care Tax DCRP & Flex plan payments Postage Bond escrow account Omni int 17, 044.25 8,081.59 562.00 16,390.12 84,549.24 47,057.24 20,876.74 15,989.10 200.00 21,779.78 19,679.56 10,948.31 4,292.00 707.65 2,985.00 301,713.58 5/L,t55l~.1 b 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/09/04 CARDINAL, ROBERT 406.78 dd 04/09/04 JUENEMANN, KATHLEEN 358.00 dd 04/09/04 KOPPEN, MARVIN 358.00 dd 04/09/04 ROSSBACH, WILLIAM 358.00 dd 04/09/04 COLEMAN, MELINDA 3,967.88 dd 04/09/04 DARST, ROBERTA 1,499.68 dd 04/09/04 FURSMAN, RICHARD 4,629.25 dd 04/09/04 SWANSON, LYLE 1,849.37 dd 04/09/04 LE, SHERYL 3,824.76 dd 04/09/04 RAMEAUX, THERESE 2,197.61 dd 04/09/04 FAUST, DANIEL 3,982.98 dd 04/09/04 SCHMIDT, DEBORAH 1,348.44 dd 04/09/04 ANDERSON, CAROLE 1,397.78 dd 04/09/04 BAUMAN, GAYLE 2,954.86 dd 04/09/04 JACKSON, MARY 1,766.84 dd 04/09/04 KELSEY, CONNIE 744.34 dd 04/09/04 TETZLAFF, JUDY 1,766.84 dd 04/09/04 FRY, PATRICIA 1,639.64 dd 04/09/04 GUILFOILE, KAREN 2,826.07 dd 04/09/04 OSTER, ANDREA 1,713.07 dd 04/09/04 CARLE, JEANETTE 1,641.93 dd 04/09/04 FIGG, SHERRIE 767.39 dd 04/09/04 JAGOE, CAROL 1,641.93 dd 04/09/04 JOHNSON, BONNIE 1,006.89 dd 04/09/04 OLSON, SANDRA 951.73 dd 04/09/04 SCHACHT, BARBARA 906.97 dd 04/09/04 WEAVER, KRISTINE 1,708.14 dd 04/09/04 BANICK, JOHN 3,445.97 dd 04/09/04 CORCORAN, THERESA 1,551.64 dd 04/09/04 POWELL, PHILIP 2,053.41 dd 04/09/04 SPANGLER, EDNA 308.00 dd 04/09/04 THOMALLA, DAVID 3,817.59 dd 04/09/04 ABEL, GLINT 2,093.22 dd 04/09/04 ALDRIDGE, MARK 2,371.01 dd 04/09/04 ANDREWS, SCOTT 2,855.28 dd 04/09/04 BAKKE, LONN 2,284.82 dd 04/09/04 BELDE, STANLEY 2,561.83 dd 04/09/04 BIERDEMAN, BRIAN 1,703.98 dd 04/09/04 BOHL, JOHN 2,382.60 dd 04/09/04 BUSACK, DANIEL 2,181.10 dd 04/09/04 COFFEY, KEVIN 1,720.14 dd 04/09/04 GROTTY, KERRY 2,404.06 dd 04/09/04 DOBLAR, RICHARD 2,539.88 dd 04/09/04 FRASER, JOHN 2,264.08 dd 04/09/04 HEINZ, STEPHEN 2,393.61 dd 04/09/04 HIEBERT, STEVEN 2,678.44 dd 04/09/04 JOHNSON, KEVIN 2,940.78 dd 04/09/04 KARIS, FLINT 2,659.74 dd 04/09/04 KONG, TOMMY 2,118.86 dd 04/09/04 KROLL, BRETT 1,929.60 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/09/04 KVAM, DAVID 2,917.78 dd 04/09/04 CARSON, DANIEL 2,264.32 dd 04/09/04 LU, JOHNNIE 2,162.62 dd 04/09/04 MARINO, JASON 1,993.23 dd 04/09/04 MARTIN, JERROLD 2,179.45 dd 04/09/04 MCCARTY, GLEN 1,767.81 dd 04/09/04 METRY, ALESIA 1,956.87 dd 04/09/04 PALMA, STEVEN 3,227.76 dd 04/09/04 RABBETT, KEVIN 3,124.61 dd 04/09/04 STEFFEN, SCOTT 2,802.50 dd 04/09/04 SZCZEPANSKI, THOMAS 2,415.62 dd 04/09/04 THIENES, PAUL 2,388.54 dd 04/09/04 TRAN, JOSEPH 1,833.22 dd 04/09/04 WENZEL, JAY 2,472.37 dd 04/09/04 WINGATE, DAVID 1,594.81 dd 04/09/04 XIONG, KAO 1,975.17 dd 04/09/04 BARTZ, PAUL 2,526.25 dd 04/09/04 BERGERON, JOSEPH 2,964.75 dd 04/09/04 DUGAS, MICHAEL 2,178.21 dd 04/09/04 DUNN, ALICE 3,004.75 dd 04/09/04 ERICKSON, VIRGINIA 2,388.54 dd 04/09/04 EVERSON, PAUL 1,991.06 dd 04/09/04 FLOR, TIMOTHY 2,719.47 dd 04/09/04 HALWEG, JODI 1,771.26 dd 04/09/04 KATZMAN, BARBARA 1,630.04 dd 04/09/04 L'ALLIER, DANIEL 1,650.00 dd 04/09/04 LANGNER, SCOTT 553.38 dd 04/09/04 OLSON, JULIE 2,233.11 dd 04/09/04 PARSONS, KURT 1,913.30 dd 04/09/04 PIKE, GARY 2,326.74 dd 04/09/04 DAWSON, RICHARD 1,882.11 dd 04/09/04 DUELLMAN, KIRK 1,796.99 dd 04/09/04 JOHNSON, DOUGLAS 1,882.11 dd 04/09/04 NOVAK, JEROME 1,888.65 dd 04/09/04 PETERSON, ROBERT 1,908.47 dd 04/09/04 SVENDSEN, RONALD 1,963.17 dd 04/09/04 GERVAIS-JR, CLARENCE 2,501.66 dd 04/09/04 BOYER, SCOTT 3,486.89 dd 04/09/04 FEHR, JOSEPH 2,436.96 dd 04/09/04 FLAUGHER, JAYME 1,808.44 dd 04/09/04 JACKSON, LINDA 1,539.97 dd 04/09/04 LAFFERTY, WALTER 1,808.44 dd 04/09/04 LINK, BRYAN 1,873.68 dd 04/09/04 PACOLT, MARSHA 2,142.40 dd 04/09/04 RABINE, JANET 2,453.51 dd 04/09/04 STAHNKE, JULIE 2,139.24 dd 04/09/04 LUKIN, STEVEN 3,353.68 dd 04/09/04 SVENDSEN, RUSTIN 2,678.00 dd 04/09/04 ZWIEG, SUSAN 1,710.84 dd 04/09/04 DOLLERSCHELL, ROBERT 266.30 dd 04/09/04 AHL, R. CHARLES 4,220.84 dd 04/09/04 NIVEN, AMY 1,141.53 dd 04/09/04 PRIEFER, WILLIAM 2,462.94 dd 04/09/04 WEGWERTH, JUDITH 1,730.92 dd 04/09/04 BRINK, TROY 1,562.84 dd 04/09/04 DEBILZAN, THOMAS 1,791.64 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/09/04 EDGE, DOUGLAS 1,891.36 dd 04/09/04 JONES, DONALD 1,751.64 dd 04/09/04 KANE, MICHAEL 2,722.50 dd 04/09/04 LUTZ, DAVID 1,806.82 dd 04/09/04 MEYER, GERALD 1,857.33 dd 04/09/04 NAGEL, BRYAN 1,961.87 dd 04/09/04 OSWALD, ERICK 2,370.00 dd 04/09/04 TEVLIN, TODD 1,630.38 dd 04/09/04 CAVETT, CHRISTOPHER 3,056.22 dd 04/09/04 DUCHARME, JOHN 2,230.84 dd 04/09/04 ENGSTROM, ANDREW 1,453.24 dd 04/09/04 JACOBSON, SCOTT 1,453.24 dd 04/09/04 LINDBLOM, RANDAL 2,233.07 dd 04/09/04 MURRA, AARON 287.88 dd 04/09/04 PECK, DENNIS 2,471.92 dd 04/09/04 PRIEBE, WILLIAM 2,697.49 dd 04/09/04 SCHACHT, ERIN 2,166.04 dd 04/09/04 VERMEERSCH, CHARLES 2,141.02 dd 04/09/04 ANDERSON, BRUCE 3,939.03 dd 04/09/04 CAREY, HEIDI 1,896.44 dd 04/09/04 HALL, KATHLEEN 1,715.30 dd 04/09/04 MARUSKA, MARK 2,513.20 dd 04/09/04 NAUGHTON, JOHN 1,546.84 dd 04/09/04 SCHINDELDECKER, JAMES 1,788.27 dd 04/09/04 BIESANZ, OAKLEY 1,305.96 dd 04/09/04 HAYMAN, JANET 1,048.10 dd 04/09/04 HUTCHINSON, ANN 2,092.14 dd 04/09/04 KOS, HEATHER 445.25 dd 04/09/04 NELSON, JEAN 970.95 dd 04/09/04 SEEGER, GERALD 517.52 dd 04/09/04 GAYNOR, VIRGINIA 1,881.24 dd 04/09/04 EKSTRAND, THOMAS 3,170.70 dd 04/09/04 KROLL, LISA 1,096.69 dd 04/09/04 LIVINGSTON, JOYCE 950.56 dd 04/09/04 SINDT, ANDREA 1,554.04 dd 04/09/04 THOMPSON, DEBRA 632.82 dd 04/09/04 YOUNG, TAMELA 1,370.84 dd 04/09/04 FINWALL, SHANN 2,126.04 dd 04/09/04 ROBERTS, KENNETH 2,344.27 dd 04/09/04 CARVER, NICHOLAS 2,415.47 dd 04/09/04 FISHER, DAVID 2,878.23 dd 04/09/04 RICE, MICHAEL 1,456.44 dd 04/09/04 SWAN, DAVID 1,810.04 dd 04/09/04 KONEWKO, DUWAYNE 2,548.44 dd 04/09/04 ANZALDI, MANDY 931.00 dd 04/09/04 BJORK, ALICIA 41.69 dd 04/09/04 BJORK, BRANDON 345.00 dd 04/09/04 FINN, GREGORY 1,917.13 dd 04/09/04 GRAF, MICHAEL 1,728.26 dd 04/09/04 HADDAD, JULIE 141.75 dd 04/09/04 KELLY, LISA 951.09 dd 04/09/04 NIEMCZYK, BRIAN 64.00 dd 04/09/04 OHLHAUSER, MEGHAN 117.00 dd 04/09/04 ROBBINS, AUDRA 1,783.14 dd 04/09/04 SHERRILL, CAITLIN 364.50 dd 04/09/04 TAUBMAN, DOUGLAS 2,639.27 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/09/04 BREHEIM, ROGER 1,790.49 dd 04/09/04 NORDQUIST, RICHARD 1,916.67 dd 04/09/04 SCHULTZ, SCOTT 1,959.64 dd 04/09/04 CROSSON, LINDA 2,338.51 dd 04/09/04 FONTAINE, ANTHONY 740.73 dd 04/09/04 HEITHOFF, TREVOR 150.88 dd 04/09/04 LEIER, SARA 86.90 dd 04/09/04 PELOQUIN, PENNYE 487.27 dd 04/09/04 SCHMIDT, RUSSELL 1,778.19 dd 04/09/04 STAPLES, PAULINE 2,720.85 dd 04/09/04 ABRAHAMSON, DANIEL 140.00 dd 04/09/04 ABRAHAMSON, REBECCA 32.44 dd 04/09/04 BENDTSEN, LISA 80.33 dd 04/09/04 BRENEMAN, NEIL 600.46 dd 04/09/04 CORNER, AMY 21.60 dd 04/09/04 EDSON, JAMIE 219.38 dd 04/09/04 ERICKSON, CAROL 45.00 dd 04/09/04 GUZIK, JENNIFER 119.88 dd 04/09/04 HALEY, BROOKE 54.30 dd 04/09/04 HORWATH, RONALD 1,783.14 dd 04/09/04 IRISH, GRACE 115.50 dd 04/09/04 JONES, LACEY 29.25 dd 04/09/04 KOEHNEN, AMY 85.40 dd 04/09/04 KOEHNEN, MARY 781.22 dd 04/09/04 KRONHOLM, KATHRYN 353.15 dd 04/09/04 LINDSTROM, AMANDA 327.09 dd 04/09/04 MARTINEZ, AMY 38.00 dd 04/09/04 MARUSKA, ERICA 491.83 dd 04/09/04 OVERBY, ANNA 74.60 dd 04/09/04 SCHULTZ, PETER 195.23 dd 04/09/04 SHAW, KRISTINA 46.25 dd 04/09/04 SMITH, ANN 18.00 dd 04/09/04 TUPY, HEIDE 126.10 dd 04/09/04 TUPY, MARCUS 337.93 dd 04/09/04 GROPPOLI, LINDA 386.75 dd 04/09/04 KURKOSKI, STEPHANIE 91.00 dd 04/09/04 VERNER, JEAN 160.00 dd 04/09/04 BEHAN, JAMES 1,668.76 dd 04/09/04 CRAWFORD - JR, RAYMOND 195.75 dd 04/09/04 LONETTI, JAMES 959.73 dd 04/09/04 MILES, LAURA 136.33 dd 04/09/04 PATTERSON, ALBERT 976.36 dd 04/09/04 PRINS, KELLY 922.68 dd 04/09/04 REILLY, MICHAEL 1,505.24 dd 04/09/04 AICHELE, CRAIG 1,794.84 dd 04/09/04 PRIEM, STEVEN 2,008.44 dd 04/09/04 BERGO, CHAD 2,071.54 dd 04/09/04 FOWLDS, MYCHAL 1,910.62 dd 04/09/04 HURLEY, STEPHEN 2,991.94 wf 97049 04/09/04 MONAHAN-JUNEK, JACQUELINE 358.00 wf 97050 04/09/04 INGVOLDSTAD, CURTIS 100.00 wf 97051 04/09/04 JAHN, DAVID 1,545.87 wf 97052 04/09/04 MALDONADO, JUANA 631.42 wf 97053 04/09/04 MORIN, TROY 212.50 wf 97054 04/09/04 MATHEYS, ALANA 1,847.41 wf 97055 04/09/04 GENNOW, PAMELA 208.00 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97056 04/09/04 HANSEN, LORI 1,598.84 wf 97057 04/09/04 PALANK, MARY 1,849.51 wf 97058 04/09/04 RICHIE, CAROLE 1,586.49 wf 97059 04/09/04 SVENDSEN, JOANNE 1,781.95 wf 97060 04/09/04 SHORTREED, MICHAEL 2,778.00 wf 97061 04/09/04 STEINER, JOSEPH 453.00 wf 97062 04/09/04 WELCHLIN, CABOT 2,745.81 wf 97063 04/09/04 GERARD, JAMIE 176.00 wf 97064 04/09/04 SEDLACEK, JEFFREY 96.00 wf 97065 04/09/04 FREBERG, RONALD 1,820.09 wf 97066 04/09/04 EDSON, DAVID 1,952.93 wf 97067 04/09/04 HELEY, ROLAND 1,822.31 wf 97068 04/09/04 HINNENKAMP, GARY 2,030.86 wf 97069 04/09/04 LINDORFF, DENNIS 1,790.49 wf 97070 04/09/04 NOVAK, MICHAEL 1,669.24 wf 97071 04/09/04 GERNES, CAROLE 193.75 wf 97072 04/09/04 SOUTTER, CHRISTINE 293.63 wf 97073 04/09/04 MENNENGA, JOHN 520.00 wf 97074 04/09/04 ANZALDI, KALI 453.75 wf 97075 04/09/04 GEBHARD, MADELINE 441.00 wf 97076 04/09/04 HJELMGREN, NICOLE 26.25 wf 97077 04/09/04 SHOBERG, KARI 80.44 wf 97078 04/09/04 WERNER, KATIE 140.25 wf 97079 04/09/04 GERMAIN, DAVID 1,794.93 wf 97080 04/09/04 HAAG, MARK 1,672.48 wf 97081 04/09/04 NADEAU, EDWARD 2,722.50 wf 97082 04/09/04 BROWN, LAURIE 272.00 wf 97083 04/09/04 DISKERUD, HEATHER 190.00 wf 97084 04/09/04 DOAN, ANDREW 165.08 wf 97085 04/09/04 GLASS, JEAN 1,630.13 wf 97086 04/09/04 MOY, PAMELA 535.57 wf 97087 04/09/04 TOLBERT, FRANCINE 248.00 wf 97088 04/09/04 LINGER, MARGARET 633.32 wf 97089 04/09/04 WEISMANN, JENNIFER 451.35 wf 97090 04/09/04 ANDERSON, CALEB 160.98 wf 97091 04/09/04 BOTHWELL, KRISTIN 88.51 wf 97092 04/09/04 BRIN, LAUREN 68.25 wf 97093 04/09/04 DUNN, RYAN 307.89 wf 97094 04/09/04 ESTRADA, KIEL 96.00 wf 97095 04/09/04 FENGER, JUSTIN 24.15 wf 97096 04/09/04 FONTAINE, KIM 547.26 wf 97097 04/09/04 GRANT, MELISSA 261.65 wf 97098 04/09/04 GRUENHAGEN, LINDA 355.70 wf 97099 04/09/04 HOLMGREN, LEAH 401.50 wf 97100 04/09/04 HOULE, DENISE 107.75 wf 97101 04/09/04 HUPPERT, ERIN 233.60 wf 97102 04/09/04 JOHNSON, ROBERT 299.60 wf 97103 04/09/04 JOYER, MARTI 22.35 wf 97104 04/09/04 OTTESON, JANET 261.70 wf 97105 04/09/04 PEHOSKI, JOEL 61.50 wf 97106 04/09/04 PROESCH, ANDY 303.39 wf 97107 04/09/04 RENSTROM, KEVIN 18.50 wf 97108 04/09/04 RODEN, JASON 177.60 wf 97109 04/09/04 SMITLEY, SHARON 292.60 wf 97110 04/09/04 VANG, VICTORIA 89.10 wf 97111 04/09/04 WARNER, CAROLYN 68.60 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97112 04/09/04 WELTER, ELIZABETH 545.48 wf 97113 04/09/04 WHITE, NICOLE 301.92 wf 97114 04/09/04 WOODMAN, ALICE 82.80 wf 97115 04/09/04 BOSLEY, CAROL 138.23 wf 97116 04/09/04 HAGSTROM, EMILY 12.00 wf 97117 04/09/04 HANSEN, ANNA 142.00 wf 97118 04/09/04 NORLIN, AMANDA 16.50 wf 97119 04/09/04 ODDEN, JESSICA 47.13 wf 97120 04/09/04 OIE, REBECCA 58.50 wf 97121 04/09/04 QUINN, KELLY 75.00 wf 97122 04/09/04 RISER, LABEIGHA 111.00 wf 97123 04/09/04 VAN HALE, PAULA 43.20 wf 97124 04/09/04 WILLIAMSON, MONIQUE 88.80 wf 97125 04/09/04 COLLINS, ASHLEY 162.35 wf 97126 04/09/04 DOUGLASS, TOM 931.56 wf 97127 04/09/04 HER, CHONG 370.20 wf 97128 04/09/04 NAGEL, BROOKE 116.38 wf 97129 04/09/04 NEWCOMB, GENNA 158.75 wf 97130 04/09/04 O'GRADY, ZACHARY 229.43 wf 97131 04/09/04 RHODE, ERIC 415.40 wf 97132 04/09/04 RICHTER, MICHAEL 4.76 wf 97133 04/09/04 RYDEEN, ARIEL 117.48 wf 97134 04/09/04 SCHULZE, BRIAN 459.00 wf 97135 04/09/04 VANG, CIA 80.96 wf 97136 04/09/04 VERDELL, TRAQUEZ 256.03 wf 97137 04/09/04 WILLIAMS, NICK 28.58 wf 97138 04/09/04 ZIEMER, NICOLE 288.68 wf 97139 04/09/04 MULVANEY, DENNIS 1,967.73 406,939.45 18 Agenda #G2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Final Plat PROJECT: Harbor Pointe Office Condominiums LOCATION: North side of County Road D, east of Ariel Street DATE: February 11, 2004 INTRODUCTION Mark Gossman is requesting that the aty council approve the Harbor Point Office Condominiums final plat. Mr. Gossman represents the owner and develop r, St. Croix Development Group. This final plat would create 10 lots - 9 for office buildi gs and 1 for the common area within the site. This plat will be north of County Road D, eas of Ariel Street. (See the maps on pages two -six.) BACKGROUND On August 11, 2003, the city council made several approvals for the Mapl~wood Office Park (Harbor Pointe Office Condominiums). These included: 1. A zoning map change from F (farm residence) to BGM (business ~mmercial modified). 2. The project design plans, including the architectural and landscapi g plans. (See the city council minutes starting on page seven.) DISCUSSION The developer has graded the site and has started the construction of the utilities and one building within this site. The developer has completed everything necessary for fin211 plat approval. RECOMMENDATION Approve the Harbor Pointe Office Condominiums final plat. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city. p:sec35/Harbor Pointe fin plat.doc Attachments: 1. Location Map 2. Properly Line2oning Map 3. Area Map 4. Proposed Final Plat 5. Project Site Plan 6. 8-11-03 Council Minutes 7. Proposed Final Plat (Separate Attachment) Attachment 1 HITE BtAR LAKE ----; COUNTY ROAD D GALL AVE ~ p ~~ WOODLYNN W00 N AVE. o ~ ~: BRa-NER AVE. 4i AVE. p p t~ 2. ~ Q W 2. W ~ ~ ~V1 J n ~ 0 K Z Y LYDIA ~ a Y a ~W v o AVE. ~ LS O~ g ~ N ~ W ~ ~ ~ ~ ~ AVE. -' a' O m ~ qq tt v ~ y ~ ~-~~ ~' STANDRIDGE 3 ~ ~ W 4, . '= ~' w ~ MAPLE LA. QQ~ ~ ~~ m ~~ AVE. y~,~ ~ _ ~ ~ ~~ BEAM -~.ighli Po~°Odik ~ AVE. t- V MAPLE VIEW AVE. z W RADATZ ~ Y ~ AVE. ~ ~ M FSA~ AV ~ T ~~x ~ , ~ ~ _ W ~ NORTH SAINT PAUL . , ~~ ~ ~~ ~ ~~ //~~ Y ~~ ;' ' F1mNiwod ~ } W '; 5 ~ 3 - t 3 ~ ~ ~ ~ $ p W EDGEHILL RD. ~ w EMONT AVE ~ . m BROOKS J a ~ AVE. ~ ELEy~ G ~,,. o ~, TM A~ F- Z PI~1c z < ~ ~ p. GERVAIS z z ~ W Y ~~ AVE CASTLE AVE. ~~E' C '~- z . ~ OPE AVE p ~ii LARK ~ AVE. a ~ ~ ~ LAURIE i RD ~ ~ RIE RD. wdp . k W c~ ~ ~ AVE. ~ ~ W ~ c~ _o W 7 ~ ~ t LOCATION MAP 2 4 N Attachment 2 -- a~~ 'b~ac ~~ ~3'e:g.. y,~°!1 ~~ 3ZD.8~.'! - 3Zt. ~,c.' -eus 1 2 ~ i:io, --- e Ms~+ f ) M r I ^~'~-~_ J ~ I N -T L.~- ~ ' i I D.p•:10, A9.43.30• ~ iy ys ~O' QO p ~ I~~ _ I ~- n ~ ' ~ .g ` ~I , ~ ~'• I- I r (~ 7~ Z.~B O.G. ,I H~~ ANAiFy, i Q.OI C1G TD 1 ~~; ''L~ o~ O ., ~t([m~ z..s 7 ~- • SITE 80 ~" ~ \ ~ w.a~o,dsotiy Mp at / 058 ~W n~ ;. ~. ,:.1 /~ L r~ „ rfl ~' •\~G ^ ~ AI 1 ~/~ ~nK V ~ ~ oN~ ~, I .4 YNENLi Y ~~ ~ ~` ANNEY ED I " \ ` ~i.•^°'„y 7i M.•h'c ncc:.r O i ' 1 .4 AivC 6 ~ /'-1AA O A.vNEX EO N~ n~ r/}d.' I ~ A,vvE /30 t~ /g'/f74 ~~ MA!' TO 7J Ct WOO TO M.~OLF.vaOp\~ ~ ~.#~C~~ 1`pa7 II ~ X B¢ qt' • . ~ oe0 ~~ Pa ,~3. ~~ 1!~I o M4. -J ~~~~ _ 21T m70.lP I ~ ~ 1/4 it /`} `~; 3D UT.~l B' -' 243.cs 243.63' 263.43' sJ. ° ~ 9,, •' ~ -- 1.4a,~. DAY CARE 3. Ia ~, ~ ~ 3.bi ac. //Sac. 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O` ~ ~ SITE PONDING AREA ~~ ~ ~ a ~~ o 2025 2035 209 COUNTY ROAD D G' 2036 3100 (~ D LJ W DAY CARE ~ ~ TOWN HOUSE FARM CENTER 4Q SITE Q 2 SIBLEY COVE SITE V D c~' m m 2029 2120 2080 AREA MAP 4` I ~N Attachment 4 -~--- -- ---22--- -_NpTTN LsTE of THE snl/4 aP THE - SE7/4 OF SEC.33 N89'48'34'E _ _ 1310.91 _ - --22 -- -- -- -- O DENOTES 1/2 INCH BY 18 INCH IRON PIPE MONUMENT SET Mt • DENOTES FOUND IRON PIPE MONUMENT AS LABELED O• DENOTES FOUND MNDOi CAST IRON MONUMENT N ytiW N 44 O I I I I ( ~~ I ~ T~ I I I 1 C / , I i Lr'' RIGHT OF WAY UNE OF INTERSTATE T.H. 894 I I I' ~ ~\ I I I '~ PER OOC. NO. 1873950 (AS DESCRIBED RI PARCEL 18A) I I ~ - ~'~%DS (" ~ ~-RIGHT OF WAY UNE AS 110NUMENTED ~ I I _ I ~ I / I I i I /, ' ~-RIGHT Of WAY UNE OF INTERSTATE T.N. 894 PER DOC. 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T.30, R.22 -- ' ---7318.51--- N89 43'0TE PRQPC)SED FINAL PLAT ~ ~4~ 30fi~' ~O f I~IT~ N 5 Attachment 5 MAPLEWOOD OFFICE PARK - 91 II ~ II ~ II ~ II py II II ~~ w II Q Il ~ II O h: II O II O II ~ 11 J i N T E~3T A 6 7'04 20 _ __________~__====ovc-_= c..c$~c-c.oc co=coca=c ___ =c.oococo..co-ccoooo$=o===v===--==_=v...co_=-vc__-_--___ LEGAL GESCRIf'iION: A ~~--~~ _ _~ - -PARCEL 8 iA lying southerly of Highway No. 694 of the Southwest Ouadar of the Southeast Duarter Wesl Half of the Eosl Holf of the southerly 41 rods, except the westerly 2 rods, in the Southweat ion 35, Township 30, Range 22, Ramsey County, Minnesota, except the West 354.75 Feet Ouoiler of the Southwest of Section 35. Township 30, Range 22, Ramsey County, cept the Eost HaN of that paR ying East of the West 33 feet and ezcepl the folbwing ANC ed land: Commencing of the southwest mmer of the Southwest Quarter of Section 35, Minnesota, except that part token for Interriote highway No. fi94, ip 30, Range 22: thence East parallel to and obnq County Road D 43 rods to the point of Starting at the southwest comer of the Southeast Ouvrter of SeNion 35, Township 30, Range 22; rg; thence West 52 lest along and parallel to County Rood D; thence North to the point at thence East parokei to and along County Rood D 43 rods to the point of beginning; thence Weri sold line intersects the highway 'gM-oi-way token by the Slate f Minnesota Highway 52 feet along and parallel to County Rootl D; thence North to the pant of which said line Went fa htantate Hghway No. 694; thence East abng and pomlk! to said highway Intersects the highway right-ol-way token by the State of Minnesota Hyhwoy Ikportment for d-way line to o point directly North of the point of beginning; thence South to the point of Interstate Highway No. 694; thence East along and parallel to said highway right-of-way line to 0 '^9' point d~nectly north o1 the point of beginning; thence South to the point of beginning. t to that port token for County Road D and ememenfs of record, H any. Subject fo toot part token for County Road D and easements of record, d any. ENCwJEERAVC / heresy rortA'y than min v/on was p/wvared ay me or under my disc! r P..,-;ra•, and than l am o d !y ryrr.rad pro- GRAPHIC SCALE ~AA~ lesaiane/ engineer under the lows oI the State o/ Mhnetofa. 9R; ~, we KE. < (erz) yes-ro<s sore </</03 aEC No. rein (w ran > _- r nom . w n SITE PLAN 6 4 N MAPLEWOOD, MINNESOTA SITE PLAN Attachment 6 14. Donation to Maplewood Police Reserves and Explorers Accepted a $675.00 donation from the Ramsey County Agricultural Society to be used for the Reserve and Explorer programs. 15. Su lemental Appropriation for I. T. Services Appro ed a supplemental appropriation of $ ,595 to the Information Technology Services 003 budget from the Informatio echnoiogy Fund. 16. Closure of Fi Safety Projects Fund Approved the app riate budget anges and the transfer of the balance of Fire Safety Projects fund to the bt service nd for the Fire Safety bonds of 2000. 17. Upgrade of Emergency g Sirens Entered into an agreeme wit ederal Siren Corporation to upgrade the emergency warning sirens at a cos f $33,5 .30 and have the Finance Director make the necessary budget transfers. 18. Fire Stations AD Security System Entered in t an agreement with ADT Secure Systems to provide a security system in the remainin our of five fire stations at a cost of 9,948 and to have the Finance Director make t necessary budget transfers. Councilm ber Wasiluk moved to approve the consent a~en__ .items 1-6.8-11. 13, 15-18 as by Councilmember 7uenemann Ayes- amber Juenemann moved to approve the consent agenda presented. Seconded by Councilmember Wasiiuk Ayes-All H. PUBLIC HEARINGS 1. 7:17 p.m Maplewood Office Park (East of 2035 County Road D) Zoning Map Change (F to BC-M) (4 Votes) Design Approval a. City Manager Fursman presented the staff report. b. Associate Roberts presented specifics from the report. c. Commissioner Trippler presented the Planning Commission Report. d. Boardmember Longrie-Kline presented the Community Design Review Board Report. 7 e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Mike Gossman, the applicant f. Mayor Cardinat closed the public hearing. Councihnember Collins moved to adopt the following resolution approving a zoning map change from F (farm residence) to C-M business commercial modified) for the proposed office building project east of the property at 2035 County Road D East: ZONING MAP CHANGE RESOLUTION 03-08-150 WHEREAS, Mr. Mark Gossman has asked the city to change the city's zoning map from F (farm residence} to BC-M (business commercial modified). WHEREAS, this change is for the proposed Maplewood Office Park for the property east of 2035 County Road D, Maplewood, Minnesota. WHEREAS, the legal description of the properties are: Except the West 354.01 feet, the West 657.5 feet SLY of Highway 694 of the SE'/a (Subject to road) of Section 35, Township 30, Range 22 (PIN 35-30-22-43-0005) and Except the East'/a of the part lying East of the West 33 feet of the SW '/4 and except the West 657.5 feet; Part SLY of Hwy 694 of the SW '/. of the SE'/4 (Subject to Road), of Section 35, Township 30, Range 22 (PIN 35-30-22-43-0006) WHEREAS, the history of this change is as follows: 1. On July 21, 2003, the planning commission recommended that the city council approve the proposed zoning map change. 2. On August 11, 2003, 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 8 applicable, and the public welfaze. 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 proposed change would make the zoning of the property consistent with the existing land use designation. Seconded by Councilmember Juenemann Ayes-All Councilmember Collins moved to approve the plans date-stamped June 26, 2003, for the proposed Maplewood Office Park for the site east of the property at 2035 County Road D East. Approval is based on the findings required by the code and is subject to the following conditions (changes form the original conditions by the community desi~i review board are stricken if deleted and underlined if added: 1. Repeat this review in two yeazs if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading permit or a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100-year high water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed boazd or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3: l on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show as little disturbance as possible on the north and east sides of the site (neaz the freeway and ponding azea) to minimize the loss or removal of natural vegetation. This is to keep and protect as many of the trees along the north and east property lines as possible. (3) All the pazking areas and driveways shall have continuous concrete curb and gutter. The 9 applicant shall ensure that the driveway for the site lines up with the driveway for the town houses across County Road D. (4) A storm water management plan, including drainage and ponding calculations, for the proposal. (5) Make all the changes and meet all the conditions noted by the city engineer in the memo dated July 14, 2003. b. Submit alawn-imgation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city staff approval showing: (1) As much of the existing vegetation (including large trees) remaining along the northern and eastern property lines (neaz the freeway and the ponding azea) as possible. (2) The manicured or mowed azeas from the natural azeas. This shall include planting (instead of sodding) the area around the storm water pond with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the pond. Specifically, the developer shall have the natural azeas seeded with an upland mixture and lowland mixtures as appropriate. (3) The planting of native grasses, flowering plants and low-level shrubs around the proposed storm water pond. These materials shall extend at least four feet from the ordinary high water mark (OHWM} of the pond. (4) The planting details (including flowering plants and shrubs) for the ponding azea and for any rainwater gazdens on the site. (5) At least 13 additional trees to meet the city's tree replacement requirements. e. Get the necessary approvals and permits from the watershed district and from the MPCA. f. Submit a revised site plan for staff approval that shows the following: more handicap- accessible pazking spaces to meet ADA requirements; that the driveway will line up with the driveway for the town houses across County Road D; and the site with no more than 225 parking stalls with added green space on the southeast, southwest, and northwest corners of the pazking lot (for azeas of proof-of-pazking). g. Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such facilities, the enclosure shall have materials that are compatible with the buildings, and they shall have gates that are 100 percent opaque. h. Submit a letter of credit or cash escrow to the city for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Combine the two properties into one site for tax and identification purposes. 10 Get demolition permits from the city for the houses and structures on the properties. k. Cap and seal any wells on the property. Submit revised building elevations and material samples to staff before issuance of a building permit that shows the following: a ledgestone wainscoting around all elevations, or with at least a 5-foot wraparound to the sides; trim with a contrasting color from the rest of the building; and any exterior wall mounted meters located on interior sides of the buildings. m. Submit association documents to be approved by city staff before the issuance of a building permit and proof of recording with the county before the city issues a certificate of occupancy. 3. The applicant shall complete the following before occupying the buildings: a. Replace any property irons removed because of this construction. b. Sod all turf azeas, including the boulevazd, except the ponding azea and planting beds if a different ground cover or mulch is to be used. c. Install a reflectorized stop sign at the exit, ahandicap-parking sign for each handicap-parking space and an address on each building. In addition, the applicant shall install "no parking" signs within the site, as required by staff. d. Construct trash enclosures to meet code requirements, unless trash dumpsters aze stored indoors. Any such enclosures must match the materials and colors of the building. e. Install continuous concrete curb and gutter azound the pazking lot and driveways. f. Install and maintain an in-ground lawn irrigation system for all new landscaped azeas, excluding landscaping within any rainwater gazdens and within the ponding area. g. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) h. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glaze from the adjacent street right-of--ways and from adjacent properties. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 11 (4) Install all landscaping before occupying the buildings. 4. If any required work is not done, the city may allow temporary occupancy if a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. Signs are not approved in this review. The applicant must submit the sign plans to staff for approval and obtain the necessary sign permits. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes-All 2. 8:51 p. .Environmental Utility Fund-Consider Establishing Fee and rdinance (First Reading) a. City Manager sman presented the s report. b. City Engineer Ahl pre ted specifi from the report. c. Andrew Lambertson, d. Mayor Cardinal opened following persons were the city ing, calling for proponents or opponents. The William Robbins, 22 Stillwater Avenue, Diana Longrie- ~ , 1771 Burr Street, M e. Mayor Cardin closed the public hearing. Councilmember Seconded Councilmember Collins Ayes-All ' 3. 8:34 p.m. Proposed R-1 (R) Zoning District Code Amendment City Manager Fursman presented the staff report. 9 establishi 12 Agenda #G3 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Revised Final Plat PROJECT: Towns of New Century Third Addition DATE: April 19, 2004 INTRODUCTION Beth Altman is requesting that the city council approve a revised final plat for the Towns of New Century Third Addition. Ms. Altman represents the builder, New Century Country Homes, LLC. This final plat is for the third phase of the town houses for the New Century development and will create 26 lots for town houses. This plat will be east of New Century Boulevard, north of Highwood Avenue and south of New Century Lane. (See the maps on pages 3 - 6.) BACKGROUND On July 12, 1999, the city council made several approvals for the New Century PUD. These included changes to the comprehensive plan, a conditional use permit (CUP) for a planned unit development (PUD) fora 178-unit housing development and street right-of-way and easement vacations. The approvals also included a code variation for a substandard cul-de-sac, reduced building setbacks for the existing houses at 2610 and 2611 Schaller Drive, a variation from the city code to reduce the required street right-of-way width, a variation from the city code to reduce the required street pavement width, a preliminary plat to create the lots in the development, having no parking for both sides of some of the streets and no parking for one side of other streets. On January 24, 2000, the city council approved the first final plat for the New Century development. This final plat created 80 lots for houses, 3 outlots for open space and one outlot for future phases of the development (including the town houses). On May 23, 2000, the community design review board (CDRB) approved the project plans for the New Century Townhomes. This approval was for the site, building and landscape plans and was subject to eight conditions. (See the site plan on page 6.) On August 14, 2000, the city council approved the Towns of New Century final plat. This plat created the first 30 town house lots in the New Century PUD. On July 22, 2002, the city council approved the Towns of New Century Second Addition final plat. This plat created 221ots for town houses in the New Century PUD. On March 31, 2003, the city council approved the Towns of New Century Third Addition final plat. This plat created 29 lots for town houses in the New Century PUD. The developer, however, never recorded the approved final plat with Ramsey County. DISCUSSION The developer is progressing with this phase of the plat. The contractor has installed the utilities and has completed the rough grading in this part of the development. This revised plat has three fewer units than the final plat that the city approved in 2003. Chris Cavett, the Assistant City Engineer, noted the following conditions that the applicant still needs to complete: The city will not issue a building permit for either of the two southeasterly units, (Blocks 5 & 6), until the applicant has submitted revised final utility plans that the city engineer and SPRWS have approved. Contact Chris Cavett, Maplewood Assistant City Engineer, 651- 249-2403 and Mike Anderson, from SPRWS, 651-266-6284 with questions. 2. The exact location and configurations of the sewer and water services that the contractor will extend into the building units have not yet been resolved with the City of Maplewood or SPRWS. This issue shall be resolved to the satisfaction of the city before the city issues a building permit for these two buildings, (Blocks 5 & 6 of Towns of New Century Third Addition). 3. Lot 1, Block 5 as shown on the proposed plat drawing submitted on 2117/04 shows the lot line encroaching into the existing drainage and utility easement. The applicant's surveyor shall redescribe the lot so it does not encroach into the drainage and utility easement. While the above listed issues are matters that still need to be resolved, the developer has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for the Towns of New Century Third Addition date-stamped February 17, 2004. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec13-28/newcen townhouses 3`~ fin rev.doc Attachments: 1. Location Map 2. Property Line Map 3. Proposed Final Plat 4. Site Plan dated March 11, 2004 5. 7-12-99 Council Minutes 6. Proposed Final Plat (Separate Attachment) 2 Attachmen': 1 ,~.,^ 5 4 ~' I LONDIN Ud• ~~ ,~~ ~ 5 ~ ~~' POND .C~3` w N Pork ~ 0 Y ~~ ~3 P0~ z i tai MARY ~ ~~~ ~q MAILAND KIN ~• ~ O'DAY ~ ~ ~ p o ~ a V~i ~ M~ Z 1. CRESSVIEW _ arW FOREST p} ~' Paf~ ~ CR. ~ T~D Y WOOD DR. yFWj 1• 2• ZDEER RIDGE j S RIDGE DR. m 1 6 °~ HILLWOOD z o`r' D 1 O ® ~ vii 2. ~ OR. O~ O Oq ~- ° ~ 1. II. ~~s CT.f ~ ~) ~ 1. HUNTINGTON CT. Z 2. OAKRIDGE LN. ~SA~HGSIDE ~ a. v 7 2 O S \ p p UNWOOD R' ~~v ~ ~ AVE. ~--~ ~Q,HL AVE. UNYV 0 C . ~~, rv' a' O PRO U S~ ~~~~ z MoNI ~ ~~ q ~ Q~ 4 ~ ~' ~ SP ER I ~ TIMBER TR. ~71M ~ ~ nZ~CR WHRE qR. ORI ~ 1 / R DR. PliYll CT. ~ A~• ~ ~ ~~' U DR. v NEW CEN111RY PL 1. CURRIE CT. VAUEY V LEY V~VV AyE• s NEW CENTURY TER 2. VALLEY VIEW CT. ~ ~~ LN 3. L.AKEW000 CT. ~•. AV. 3' ~ F pRl 9 6 0 S I`4) 1. 2• HIGHw00D N ~ N t 1 1 1 ° W 74 v 1AAMI ~l{+g Q' ~~ AVE. ~n ~ ~ W pl- ~ z o Y ~ ~W~• o Irz z ~ ~ ~ sr. 494. 25 ~ S& AvE. o ~. ~ NEMI `~ 1 8 ~ CaK HEIC~RSCR cT. ~ W ~ ~ ~~- souT}-cRES~' ~`~'' ~ 1 8 U ~' SN~ ~ ~+~• Ca er ~• ~ 12 0 0 S ~ BOXWOOD sC1`P07 OR ~ ~ ~ Lie nn cti.r AVE. PO'* ~ ~ z ~~ ~ ~ 43 ~' p CARVER AVE. I`2) 1 ~ OVERL00 ~ 19 cIR. 3' ~ ~F/cyTS w O 144pS z U7 C LOCATION MAP 3 1 r Attachment 2 ~l~ N~- ~i 1~ ~I OU Z ~ 1 ,.3, 2 uaa 1 rm ,\ „ ,os• 76 ~.•_ .-.\ ~., o M1il .. 6 ~ ~ ~ .NAG I ~ ml , , ns) `~ ro.5o 6 .00 6 . 4.~ ~}~ fi5.00 65.00 120.71 = 1 I r ~~A~~- ~~ _ ~ _ rn . +~ S 1Q -11- sae I ~--rule'-_~'~"- o B fl+.n 1.79' 117.9! 631 w r ~ ~~.- ~ 14 1 ~ C1RQ,E ~ 12 w 30. ~..~ e as) 3 ~ ns) !10.22 4 7 fol o j ~ 2 av 6q ~ 1 ~ 3 nal ~ 5 a ^ OV ~ 7ss a . ~ au s3 lpaoi s~$ 7 ~ 3 e . 6 ~ ~, a 11 ' 4 ~ Fn ~° B ss) .. ~'~ n 1 as 4 peJ ~ 7 i 9):~ fq 901 i 7 1 R3) 10 f791 ~ 5 e 61 ~ w VVV ~ ~r06 ' a ar, „ ,~ Tom 9 s s ~ ,~ ~ ,m ~2 ; nov ~ ~ ~ .2 3 ~~ ~5 fi .~i» ~ y, B2A ~ ~ .i - - - - it fsn. ,> LOro ~ ouT ! _ L~ ORAWAQ AND I7IN/Yft1iYEN7 2 3 ,. °rfYi « .Ab'F_ ~ _ 1.92 Ac Sn3m' tz ~ :le s ; a ~ _ _ n3 nI) N ! ' 14.91 v. >>0 ~)is 3 3 ~ Is.S ISS n41~. J - QND. /N 5 .~ w ~7' t my s OU SLOT A t ~ 7s AC. ~'~ ~~ TOWNS n31 a OF '- ,~ ~' I14yy ~ rj0 - q ~~~ 1.17 AC. ~~ = ~~~~ O SLOT B ~~ O`,~~0 `~ nv • 12 $ ~ 1~~0~ ~0~ S~ -- -- -_--_--------r---;----- HIGHWOOD AVENUE --zea--- ~~, _ ' _ 173• a ~ .72 ~ nn ~ av _ [~, 1 _ g 3lwG I m. v! no ~ nn M ~ s• 7fi~ 1 ~ _ F,fi57 ,~• ~ ~ zt I ~ i _1 i 1 a) W Z W Q Z W V PROPERTY LINE MAP 4 4 N Attachment 3 Jam/ C z~ / ~~ ~> / ~ j/ J n c ~ N ~O U ~~ ry~ gc I ~~.~ a / 'b~~' 1 ~'' ~,~« Q ..: ~ ~ n Cp r} %~i ~ I C ~ .~ i .w w z ~, CV <i- ~' (V ~ t .- i`~ so ° ~' M M M M ~ HIGHWOOD ESTATE N0. 3 e° ~~". J~ a~ o ~ o' ~T~w CENTURY ~~~;%~Q~ N lr ~-.. s>2y5; . - a e ~Q T 4 j. /H~REST ~~a•~~'3~"w O M ~J- ~~ ~:; ~~ ,~~g,f - a ,xY~ ....................................... Cl` Q\~ P~ 5 w 4 wG ~v r cv i......._. .... l~N ~, ~, . _ 2 ~ .~-~ :~a -- 3 N m 't~ S~G~Np P F- o' ~ ~ 0 South IMe of Outlot C, TOWNS OF NEW CENTURY 2ND ADDITON HIGHWOOD AVENUE W N lao UJ, 2-~-~-ay PR~P~SED FINAL PLAT TOWNS OF NEW CENTURY 3RD ADDITION 589`' 5'23"W U,y~ry ~2~~~ f 1~ €3.1 N~MB~_ `~~_ ~- F ~ N 0 5 Attachment 4 4 _~ ~~ Rf ~'lRnp~Nf -~-, ~,,. ~, G H H H H H H f S 2 ~ 1 _ ~ ~Q`~`O sr. P z ~ ~`~g'( ,a'(VR A I c a D ~N~, F E E E E E F ~ $~ ~O~N iz s s / / ~` ~S 8' ty~. i i t QQ c~ sT. ,'~ S s ~~ r Q ~ H N m0 co G $ > p~ ,, 5 ? :• a ~ p o V x QP ~ Q- 3 ~~ _ ~~~ 2 ~ ~JQ~~ _ G~~ _ !~ c~ t 2 ~. N O 24 `Y°. ~~yJ 8 = '! LO i ,~-` C.7 N C.7 OUTLOT A /~ ~ I I 2nd Q J •I ~ -~ o v~2 ~ o o y W ~ vii ~ Q W W hJ ~~ U W U !• Q W a W 2~v W W O O l t LL f I.L ~Q 0 20 40 80 80 I00 .~. s as S.T.H. 100 - 117 (HIGHWOOD AVENUE) SITE PLAN 3 i~-d~ 6 N Attachment 5 MINUTES MApLEWOOD CITY COUNCIL 7:00 P.IVi., Monday, July 12,1999 Counci[ Chambers, Municipal Building Meeting No. 99-15 J. UNFINISHED BUSINESS 1. New Century PUD (Highwood and Century Avenues) -Comprehensive Plan Changes - (4 votes) - Conditional Use Permit for Planned Unit Development - Street Right-of--Way Vacations - Easement Vacations - Code Variation -Street Right-of--Way Width - Code Variation -Street Pavement Width -Preliminary Plat - No Parking on Streets - Early Start of Construction of Model Homes a. Manager McGuire introduced the staff report. b. Associate Planner Ken Roberts presented the specifics of the report. Mayor Rossbach moved to allow the developer to answer questions posed by the council since this was not a public hearing. Seconded by Councilmember Carlson Ayes -all c. Jack Buxell, architect representing the Robert Engstrom Companies for New Century Development answered questions posed by the Council. Councilmember Kittrdige introduced a resolution for the Comprehensive Plan change. Seconded by Councilmember Carlson Ayes - Councilmembers Cazlson, Kimdige, and Allenspach Nays -Mayor Rossbach &Councilmember Kopper MOTION FAILED Mayor Rossbach moved to reconsider the vote for the Comprehensive Plan Change. Seconded by Cazlson Ayes - Councilmembers Carlson, Kittredge, and Allenspach, Mayor Rossbach Nays -Councilmember Koppen 7-12-99 7 Mayor Rossbach introduced the following changing the Land use plan for the New Century residential development, Wort o tg woo venue, west o entury venue. ese c anges are om - single we tugs an open space to - stng a we tngs , - rest entta enstty an open rnaGe, or a stte. is reso utton a so tops t ep anne mtnor co ector street etween a east en o challer nve an entury venue. . 99-07-055 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Robert Engstrom proposed changes to the city's land use plan from R-1 (single dwellings) and OS (open space) to R-1 (single dwellings), to OS (open space) and R-3H (residential high. density). WHEREAS, this change applies to property for the New Century PUD north of Highwood Avenue and west of Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota. WHEREAS, the applicant also requested a change to the land use plan to drop the planned minor collector street between the east end of Schaller Drive and Century Avenue. WHEREAS, the history of this change is as follows: I. On June 7, 1999, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and s::nt notice., to the surrounding property owners. The planning conu-~ission gave ova ryone at rh: hearir,', u i:h. ~ ~c~ to sp~~a': and p~c~sent writtect statements. The planning commission recommended that the city council not approve the plan amendment. 2. On June 28, 1999, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. 3. On July 12, 1999, the city council again considered the proposed land use plan changes. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for the following reasons: 1. The development would be consistent with the goals and objectives of the comprehensive plan. 2. This town house site in the development is proper for and consistent with the city's policies for high-density residential use. This includes: a. Creating a transitional land use between the existing and proposed Iow density residential and commercial land uses. b. It is on a collector street and is near an arterial street, parks and open space. 3. This developmrnt will minimize any adverse effects on surrounding properties because: a. The proposed on-site. pond and large setback from the street will separate the town houses from nearby homes. 8 7-12-99 13 b. Studies have shown there will be no adverse effect on property values. c. There would be no traffic from this development on existing Local residential streets. 4. The city nor the developer plan to build the proposed collector street between the east end of Schaller Drive ~.~ ._..._.._ s...~...,... «~,_,.,,:~t:r,.,vetlsnds and acts u,n,_lri makr~t~if#iculttcshuiIda cireetin this ~~tl ~,.G1liuTJxvuauc U{.\.a4Jb ,u,. ~naou ,~ area. Seconded by Councilmember Kittrdige Ayes - Mayor Rossbach, Councilmembers Allenspach, Kittridge, Carlson Nays - Councilmember Koppen Councilmember Carlson moved to approve the following resolution approving a conditional use permit for a planned unit development or t e ew entury oustng eve opment. e ctty aces t is approva on t e tndings require y co e. 99-07-056 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Robert Engstrom, representing the Robert Engstrom Companies, applied for a conditional use permit (CUP) for the New Century residential planned unit development (PUD). WHEREAS, this change applies to undeveloped property for the New Century PUD north of High~vood Avenue and west of Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PINS 13-28-22-11-0008, 0015, 0014, 0013 and 0022, 13-28-22-14-0018, 0019, 0020 and 0021.) WHEREAS, the history of this conditional use permit is as follows: 1. On June 7, 1999, the planning commission recommended that the city council approve this permit. 2. On 3une 28, 1999, the city councii held a public hearing. The city staff published a notice in the paper and sent notices to the sun ounding 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. 3. On July 12, 1999, the city council again considered this request. 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 9 7-12-99 14 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 orproposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shalt follow the plans date-stamped March 29, 1999, the revised grading plans dated May 24, 1999 and the revised plat plans dated July 7, 1999, except where the city requires changes. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially staged 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 include: grading, utility, drainage, erosion control, tree and driveway and parking lot plans. 4. The design of the ponds shall be subject to the approval of the city engineer. The developer shall give the city an easement for this pond and shall be responsible for getting any needed off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands and site. 6.* The developer shall give the city wetland easements over the wetlands. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland These easements shall prohibit any building, mowing, cutting, filling or dumping within riventy feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from 7-12-99 15 10 fertilizer and to protect the wetland habitat from encroachment. 7. The owners of the single dwellings in the PUD may have one mother-in-law (accessory) apartment with 2heirnropertar. Such accessory units shall be subject to the following: a. Such accessory units maybe occupied by one or two persons. b. The accessory units shall not be more than 800 square feet. c. The city will not allow separate or different ownership for tax or identification purposes of the accessory unit from the primary residence. d. The owners shall only rent their accessory units to those related by blood or marriage. 8. The approved setbacks for the principal structures in the New Century PUD shall be: 1. Front yard setback: minimum - 20 feet, maximum - 50 feet 2. Front yard setback (side street): minimum -15 feet, maximum - 30 feet 3. Rear yard setback: minimum - 30 feet, maximum -none 4. Side yard setback: as the zoning code requires 9. This approval does not include final design approval for the duplexes, townhomes or for the village green. The developer shall submit the final building, landscaping and site plans for these to the community design review board (CDR)3) for approval by the CDRB. 10. The city council shall review this permit in one year. Seconded by Councilmember Kittrdige Ayes - Councilmembers Allenspach, Kittrdige, & Carlson Nays - Mayor Rossbach &Councilmember Koppen Councilmember Carlson moved to approve the following resolution vacating parts of the unused Tim Avenue, Mayhill Road and Phyllis venue ytng nort o tg woo venue an west o entury venue tote env entury ass own on t e map on page o eve opers app tcatton matecta s . 99-07-057 STREET RIGHT-OF-~VAY VACATION RESOLUTION" WHEREAS, Mr. Robert Engstrom, representing the Robert Engstrom Companies, applied for the vacation of the following described street right-of--ways: I. The south 30 feet of the NE 1/4 of NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota, except the east 288.17 feet. (Tim Avenue) 11 7-12-99 16 2. The east and north 30 feet of the east 343.60 feet of the east two-thirds of the west 3/4 of the SE 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota. 3; ~hylis~,venueinA. BERG ADDITION. 4. That part of Mayhill Road in A. BERG ADDITION and that part of Mayhill Road lying between Tim Avenue and the north right-of--way line of Highwood Avenue. 5. The south 60 feet of the north 190 feet of the west third of the west three-quarters of the SE 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota. All in Section 13, Township 28, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: 1. On June 7, 1999, the planning commission recommended that the city council approve these street vacations. 2. On June 28, 1999, the. city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners.. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. On July 12, 1999, the city council again considered this request. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lots 1, 7, and Lots 8-14, A. BERG ADDITION. 2. Except the North 657 feet and Except the South 243 feet of the North 900 feet of the east 240 feet and except the east 288.17 feet of the part South of the North 900 feet, the East'/: of the NE 1/4 of the NE 1/4 (Subject to Road) in Section 13, Township 28, Range 22 (PIN 13-28-22-11-0013) 3. The SW 1/4 of the NE 1/4 of the NE 1/4 (Subject to Road) in Section 13, Township 28, Range 22 (PIN 13-28-22-11-0014) 4. Subject to Roads; the East 343.6 feet of the West 3/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0019) 5. Except the South 657 feet; The West 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota.. (PIN 13-28-22-14-0020) All in Section 13, Township 28, Range 22, Maplewood, Ramsey County, Minnesota. 12 7-12-99 I7 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation since it is in the public interest based on the following reasons: .rtl. .~_~..~-.ate«... ..f:..e. L~...rs n.dsnnnhe etrPS~tw~e~5~ ~~ 1l(~G~11~dL.G-LL UlUGJH--tVJ 114 V auv~u~w ~uvv• 2. These right-of ways are not needed for thepubiic purpose of street construction. 3. The developer wilt be dedicating new public street right-of--ways with the plat. 4. Mayhill Road and Phylis Avenue are too narrow for street construction. Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge, Carlson Nays -Mayor Rossbach and Councilmember Koppers Councilmember Carlson moved to approve the following resolution vacating the unused drainage and roadway easements lying east of Sc a er ve, west o entury venue an Wort o tg woo venue to t e ew entury as s own on t e map on page o eve opers app tcatton matena s . t is m t e pu tc tnterest to vacate t ese easements or t e o owing reasons: 99-07-058 EASEAiENT VACATION RESOLUTION WHEREAS, Mr. Robert Engstrom, representing Robert Engstrom Companies, applied for the vacation of the following-described easements: I. The north 100 feet of the easttwo-thirds of the west three-quarters of the SE 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota, except the east 343.60 feet. 2. That part of the West 1/3 of the West 3/4 of the SE 1/4 of the NE 1/4 of Section 13, Township 29, Range 22, Ramsey County, Minnesota described as follows: Commencing at the Southwest comer of said SE 1/4 of the NE 1/4; thence North 00 degrees 36 minutes 28 seconds East, on an assumed bearing along the West line of said SE 1/4, a distance of 452.04 feet to the point of beginning of the land to be described; thence continuing North 00 degrees 36 minutes 28 seconds East a distance o,f 597.82 feet; thence East a distance of 70.00 feet; thence South 09 degrees 30 minutes East a distance of 61.00 feet; thence East a distance of 150.00 feet; thence South 33 degrees 40 minutes East a distance of 54.00 feet; thence South a distance of 130.00 feet; thence South 67 degrees ZO minutes West a distance of 123.73 feet; thence South a distance of 110.00 feet; thence South 36 degrees 10 minutes West a distance of 105.36 feet; thence South l 19.93 feet; thence West 90 feet to the point of beginning. All lying north of Highwood Avenue and west of Century Avenue in Section I3, Township 28, Range 22, Maplewood, Minnesota. 13 7-12-99 18 WHEREAS, the history of this vacation is as follows: I. On June 7, 1999, the planning commission recommended that the city council approve these vacations. 2. On June 28, 1999, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. 3. On July 12, 1999, the city council again considered this request. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting properties: I. Subject to roads and easements and except the East 343.6 feet; the East 2/3 of the West 3/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0018)- 2. Except the South 657 feet; The West 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0020) 3. The South 657 feet of the West 1/4 of the SE 1/4 of the NE 1/4 (Subject to road) of Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0021) All in Section 13, Township 28, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacations for the following reasons: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge, Carlson Nays -Mayor Rossbach and Councilmember Koppen Councilmember Carlson moved to approve the following resolution for a Code variation for a substandard cul-de- sac where Schaller Drive meets t e eve oper s west property ine. 7-I2-99 19 14 99-07-059 SUBSTANDARD CUL-DE-SAC CODE VARIATION RESOLUTION WHEREAS, Mr. Robert Engstrom, of the Robert Engstrom Companies, requested a variation from the city code. WHEREAS, Ehis code variation applies to the existing cul-de-sac at the east end of Schaller Drive at the west property line for the proposed New Century PUD that is north of Highwood Avenue and west of Century Avenue. WHEREAS, Section 30-8 (b)(3) of the Maplewood City Code requires that cul-de-sacs have aright-of- way diameter of 120 feet and a pavement diameter of 94 feet. WHEREAS, the applicant is proposing to change a temporary cul-de-sac into a permanent cul-de-sac with. aright-of--way diameter of 100 feet and a reduced street pavement diameter. WHEREAS, this requires a variation for the right-of--way diameter of 20 feet. WHEREAS, the history of this variation is as follows: The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning commission recommended that the council approve the proposed code variation. The Maplewood City Council held a public hearing on June 28, 1999. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and to present written statements.. The council also considered reports and recommendations from the city staff. The Maplewood City Council again considered this request on July 12, 1999. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above- described variation subject to the city engineer approving the construction plans. Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge & Carlson Nays -Mayor Rossbach &Councilmember Koppen Councilmember Carlson moved to approve the reduced building setbacks for 2610 and 2611 Schaller Drive. Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge & Carlson Nays -Mayor Rossbach &Councilmember Koppen 15 7-12-99 20 Councilmember Carlson moved to approve the following resolution approving a .v;rie street rieht-of--ways tnstea o t e - oot-wt a rIg t-o -ways to a ew 99-07-060 code variation to have 50-foot- STREET RIGHT-OF-WAY ~'VIDTIi CODE VARIATION RESOLUTION WHEREAS, Mr. Robert Engstrom, of the Robert Engstrom Companies, requested a variation from the city code. WHEREAS, this code variation applies to the New Century PUD that is north of Highwood Avenue and west of Century Avenue. WHEREAS, the legal description for this property is: The south'/: of the north'/: of the west'/Z of the N.E. 1/4 of the N.E. 1/4 of Sec. 13, T.28, R.22, Ramsey County, MN. and: The south'/z of the west'/: of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. And: That part of the N.E. 1/4 of said Sec. 13 described as commencing at the northeast comer of said N.E. 1/4; thence south along the east line thereof 657 feet to the point of beginning; thence westerly 110 feet; thence southerly 70 feet; thecice westerly R~ feet; thence southerly 20 feet; thence westerly 50 feet; thence southerly 60 feet; thence eastcc:y 24G L:et m~~r:. or less, to t11e east Iin: oFsaid N.E. 1/4 thence north along the east line. thereof 150 feet to the point of beginning. Subject to Century Ave. and: Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And: The south'/2 of the east'/: of the N.E. 1/4 of N.E. 1/4: of said Sec. 13, except that part described as follows: commencing at the northeast corner of said N.E. 1/4; thence south along the east line thereof 807 feet to the point of beginning: thence westerly parallel to the north line of said N.E. 1/4 240 feet; thence southerly parallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel to said north line 48.17 feet; thence southerly parallel to said east line of 415.95 more or less to the south line of said N.E. 1/4 of N.E. 1/4; thence east along the south line thereof to the southeast comer of said N.E. 1/4 of N.E. 1/4; thence north to the point of beginning. Subject to Century Avenue and: The west 3/4 of the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN., subject to roads and easements. And: All that part of the east'/: of the N.E. 1/4 of the N.E. 1/4, Sec. 13, T. 28, R. 22, described as follows: Commencing at a point on the East line of said Sec. 13, distant 657 feet south of the N.E. Cor. of said Sec. 13, thence West and parallel with the North line of said Sec. 13, 110 feet, thence South and parallel with the East line of said Sec. 13, a distance of 70 feet; thence West 80 feet, to the point of beginning to the land to be described; thence South and parallel to said east line 20 feet, thence West 50 feet, thence North 20 feet; thence easterly to-the point of beginning. And: 7-12-99 21 16 The south 249 feet of the west 419 feet of the N %: of the E %: of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. Allan CP.ctinn ~~, Tnumshin2R;32ange22,Ramsey County. Minnesota. (PINS 13-28-22-11- 0008, 0015, 0014, 0013 and 0022, 13-28-22-14-0018, 0019, 0420 and 0021.) WHEREAS, Section 29-53 of the Maplewood City Code requires that local residential streets have 60 feet ofright-of--way. WHEREAS, the applicant is proposing several Local. streets in the PUD with 50-foot-wide right-of- ways and reduced street pavement widths. WHEREAS, this requires a variation of ten feet. WHEREAS, the history of this variation is as follows: The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning. commission recommended that the council approve the proposed code variation. The Maplewood City Council held a public hearing on June 28, 1999. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and to present written statements. The council also considered reports and recommendations from the city staff. The Maplewood City Council considered this request again on July 12, 1999. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above- describedvariation subject to the city engineer approving the construction plans. Seconded by Councilmember Kittridge Ayes- CouncilmembersAllenspach, Kittredge Carlson Nays -Mayor Rossbach &Councilmember Koppen Councilmember Carlson moved to approve the following resolution approving a city code variation to have 24 & 28 foot-wide street instead o t e - oot-wt a streets tote ew entury 99-a~-061 STREET PAVEMENT WIDTH CODE VARIATION RESOLUTION WHEREAS, Mr. Robert Engstrom of the Robert Engstrom Companies requested a variation from the city code. WHEREAS, this code variation applies to the New Century PUD that is north of Highwood Avenue, and west of Century Avenue. ~ ~ 7-12-99 22 WHEREAS, the Iegal description far this property is: The south %: of the north `/: of the west %: of the N.E. 1/4 of the N.E. 1/4 of Sec. 13, T.28, R.22, Ramsey The south %: of the west'/: of the N.E.1/4 of the N.E. 1/4 of said Sec. 13. And: That part of the N.E. 1/4 of said Sec. 13 described as commencing at the northeast comer of said N.E. 1/4; thence south along the east line thereof 657 feet to the point of beginning; thence westerly 110 feet; thence southerly 70 feet; thence westerly 80 feet; thence southerly 20 feet; thence westerly 50 feet; thence southerly 60 feet; thence easterly 240 feet more or less, to the east line of said N.E. 1/4 thence north along the east line thereof 150 feet to the point of beginning. Subject to Century Ave. and: Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And: The south'/: of the east'/: of the N.E. 1/4 of N.E. 1/4: of said Sec. 13, except that part described as follows: commencing at the northeast corner of said N.E. 1/4; thence south along the cast line thereof 807 feet to the point of beginning: thence westerly parallel to the north line of said N.E. 1/4 240 feet; thence southerly parallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel. to said north line 48.17 feet; thence southerly parallel to said east line of 415.95 more or less to the south line of said N.E.1/4 of N.E. 1/4; thence east along the south line thereof to the southeast corner of said N.E. 1/4 of N.E. 1/4; thence north to the point of beginning. Subject to Century Avenue. and: The west 3/4 of the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN., subject to roads and easements. And: All that part of the east'/: of the N.E. 1/4 of the N.E. 1/4, Sec. 13, T. 28, R. 22, described as follows: Commencing at a point on the East line of said Sec. I3, distant 657 feet south of the N.E. Cor. of said Sec. 13, thence 'Vest and parallel with the North line of said Sec. 13, 110 feet, thence South and parallel with the East line of said Sec. 13, a distance of 70 feet; thence West 80 feet, to the point of beginning to the Land to be described; thence South and parallel to said east line 20 feet, thence West 50 feet, thence North 20 feet; thence easterly to the point of beginning. And: The south 249 feet of the west 419 feet of the N'/: of the E'/: of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. All in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PINS 13-28-22-11-0008, 0015, 0014, 0013 and 0022, 13-28-22-I4-0018, 0019,.0020 and 0021.) WHEREAS, Section 29-52(a)(9) of the Maplewood City Code requires that local residential streets shall be 32 feet in width, measured behveen faces of curbs. WHEREAS, the applicant is proposing 28-foot-wide, 24-foot-wide and 20-foot-wide streets with no parking on one side and no parking on both sides . WHEREAS, this requires a variation of four feet, eight feet and twelve feet. WHEREAS, the history of this variation is as follows: 18 7-12-99 23 The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning commission recommended that the council approve the proposed code variation. ?~ Manlewnnd City Council held apublic hearing on June 28, 1999. City staffpublished a notice in the Maplewood Review and sent notices to the surrounding property owners.?ne council gave e~re~yc~ne ~tihe'ttearittg ~ chance to speak and to present written statements. The council also considered reports and recommendations from the city staff. The Maplewood City Council again considered this request on July 12, 1999. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-described variation subject to no parking on one side of the 28-foot-wide streets, no both sides of the 24-foot wide streets and the developer paying the city for the cost of no-parking signs. Seconded by Councilmember Kittredge Ayes - Councilmembers Allenspach, Kettridge & Carlson Nays -Mayor Rossbach &Councilmember Koppen Councilmember Kittredge moved to approve the following resolution approving a city code variation for 28-foot- wide and 24-foot-wide public streets m t e ew entury Seconded by Councilmember Kittredge Ayes -Councilmembers Allenspach, Kittredge & Carlson Nays -Mayor Rossbach &Councilmember Koppen Councilmember Kittredge moved to eliminate access to Highwood Avenue. Seconded by Councilmember Carlson Ayes -Councilmembers Kittredge & Carlson Nays -Mayor Rossbach, Councilmembers Allenspach &Koppen MOTION FAILED ~ L ~ l C 011 ~ ~ 1 ~ ~~ Councilmember Carlson moved to approve the New Century preliminary plat (received by the ctty on March 26, 1999 and the revised grading p ans receive y t e city on ay an t e revise pre iminary p at receive y e iry on u y a eve oper s a comp ete t e o owing a ore t o city counci approves a ina 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 NSP install Group V rate street lights in at least nine locations -primarily at street 7-12-99 24 19 intersections. The exact style and location shall be subject to the city engineer's approval.. d. Pay the city for the cost oftraffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Demolish, remove or move the existing house and buildings at 2665 Highwood Avenue, and all other buildings, scrap metal, debris, vchicies and junk from the site. g. Cap, seal and abandon all wells on site and remove any septic systems or drainfields within the plat, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on the Schaller Drive cul-de-sac to the west side of the site, repair the cul-de-sac pavement and restore and sod the boulevards. I. For the trails, do the following: (1} Construct an tight-foot-wide paved walkway between Lots 4 and S, Block 2 as shown on the plat date-stamped May 24, 1999. This trail shall be in an 18-foot-wide trailway or pedestrian way. (2) The developer also shall build the wood-chip trails and sidewalks as shown on the application materials and project plans. (3} The developer shall install posts at the end of the trails to prevent cars or trucks from using the trail (4) The developer shall build the trails and sidewalks with the streets. (5} The city engineer must approve these plans. j. Install pemlanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, 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. k. Install survey monuments along the wetland boundaries. 1. Install signs where the driveways for the twin homes and for the town houses intersect the public streets indicating that they are private driveways. m. Have an independent qualified geotechnical engineering and soil testing firm monitor and inspect the pond during its construction. The city shall pre-approve the inspection firms} before they start their work. 2." Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk and street plans. The plans shall meet the. following conditions: 20 7-12-99 25 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 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 whcre the developer can save large trees. (4) The proposed street 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. (~ All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. c.* The tree plan shall: (1) Be approved by the city engineer 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 trees. The deciduous trees shall be at least two and one half (2'/:) inches in diameter and shall be a mix of rcd and white oaks, ash and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed boulevard tree planting plan and material list. d. The street and utility plans shall show: (1) Paved walkways in a traitway or pedestrian way as shown on the proposed plans and between Lots 4 and 5, Block 2. The parks and recreation director shall approve their design. (2) The public streets shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. 21 7-12-99 26 (3} Ail the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4} All public street right-ol'-ways sttaii be a"t ieas't'ou-feet-wide,~utilc~s'ute cifiy t;i~llit~ii approves a narrower street right-of--way. (5) The completion of the curb and gutter on the existing Schaller Drive cul-de-sac. the repair or replacement of the cul-de-sac pavement and the restoration and sodding of the boulevards around the cul-de-sac. e. 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. f. A qualified geotechnical engineer shall design the storm water pond proposed at the southeast corner of the site. The proposed design shall be sub}eet to a quality engineering peer review and recommendation by a geotechnical engineer approved by the city engineer. The developer. shall pay for this review. The developer's consultants shall complete this review and approval before submitting the final construction plans to the city engineer. Additional subsurface soil evaluations also shall be required within the proposed pond and berm areas. 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. Revise the lot lines in Block Two so there is an 18-foot-wide trail or pedestrian way between Lots. 4 and 5 to accommodate the trail and watermain to Schaller Drive. d. Show the wetland boundaries on the final plat as approved by the watershed district. e. Show all public street right-of--ways at 60 feet wide, unless the city council approves narrower street right-of--ways. f. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the street right-of--ways. g. Change the 40-foot-wide trail easement at the west end of Promontory Place (Dahl Avenue) (between Lots 12 and 13, Block 1) to a 40-foot-wide trail or pedestrian way. 4. Secure and provide all required easements for the development. These shall include: a. Any off-site drainage and utility easements. b. Wetland easements over the wetlands and any land within 50 feet surrounding a Class II 22 7-12-99 27 wetland. The easement shall prohibit any building or structures within 50 feet of the Class II wetland or any mowing, cutting, filling, grading or dumping within 50 feet of the wetland or within the wetland itself. The purpose of these easements is to protect the water quality of the wetlanas from fe~tili~er and runoff. They also are to protect the wetland habitat from encroachment. 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. 6. Record the following with the final plat: a. All homeowners association documents. b. A covenant or deed restriction that prohibits driveways on Lots 11 and 12, Block 4 from. going onto Highwood Avenue. c. Deeds dedicating the necessary wetland buffer easements surrounding any wetland. d. 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. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 7. Show the wetland boundaries on the plat as approved by the watershed district. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The .developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 8. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 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. The Council took no action on the request to waive the Park Access Charges (PAC) for the building permits for the New Century residential PUD. This development would be north of Highwood Avenue and west of Century Avenue. Councilmember Carlson moved to approve the following resolution for the on-street parking standards and no on-street parking requirements or t e ew entury port o tg woo venue an west o entury venue. 23 7-12-99 28 99-07-062 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential rte and~prcl'tttin~ry~id ~~- 4 "'c'~s• WHEREAS, the developer wants to have rcduced strcetreght-of--way widths and reduced street pavement widths in this dcveiopmeat WHEREAS, the city has approved reduced street right-of--way widths and rcduced street pavement widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the pazking of motor vehicles on both sides of all public streets less than 28 feet wide and prohibits parking on one side of the public streets that are 28 feet to 32 feet wide in the New Century PUD north of Highwood Avenue and west of Century Avenue in Section 13-28-22. Seconded by Councilmember Kittredge Ayes - Councilmembers Allenspach, Kittredge & Cazlson Nays -Mayor Rossbach & Councilmember Koppers Councilmember Kittredge moved to approve the developer's request to start the construction of up to four model homes on Red Pine Circle (Va ey iew trc e e ore a city approves t e ina pat. is is su sect to e 1. There shall be utilities and a hard surface street or driveway to each building location before the city issues a building permit. 2. The builder shall have each structure surveyed into place by a registered land surveyor. Seconded by Councilmember Allenspach Ayes.- Councilmembers, Kittredge, Carlson and Allenspach Nays - Mayor Rossbach and Councilmcmbcr Koppcn 7-12-99 29 24 Agenda #G4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Countryside Motors -Conditional Use Permit Review APPLICANT: John Schmelz LOCATION: 1180 Highway 36 East DATE: April 19, 2004 INTRODUCTION John Schmelz's conditional use permit for the expansion of a nonconforming automobile repair facility and sales/storage lot at Countryside Motors, 1180 Highway 36 East, is due for review. The sales/storage lot was constructed of an innovative, environmentally beneficial pavement surface called Uni Eco-Stone and can accommodate the storage of up to 200 automobiles. The parking lot was designed to reduce stormwater runoff through infiltration within the surface, which alleviates the need for a large stormwater pond. BACKGROUND On March 31, 2003, the city council approved a conditional use permit (CUP) for the expansion of a nonconforming automobile repair facility and automobile sales/storage lot (both located closer than the required 350 feet to residential properry). Refer to the March 31, 2003, city council minutes attached. DISCUSSION The addition to the Saab building and the sales/storage lot were completed last fall. Staff recently inspected the site to ensure compliance with the city council's conditions of approval. There were two outstanding conditions that need addressing as follows: 1. A few of the evergreen trees located along the south property line appear to be in poor health. All required landscaping which is dead or in poor health should be replaced. 2. In order to ensure that there were no automobiles parked over a water main located in the south sales/storage lot, the city council required the installation of no-parking signs at the 20-foot setback along the eastern side of the south sales/storage lot. City staff informed Mr. Schmelz of this requirement last fall, at which point he immediately installed no-parking signs onto the east fence. The no-parking signs should be reinstalled on posts at the 20-foot setback along the eastern side of the south parking lot to ensure no parking over the water main. RECOMMENDATION Approve John Schmelz's conditional use permit for the expansion of a nonconforming automobile repair facility and sales/storage lot at Countryside Motors located at 1180 Highway 36 East, and review the conditional use permit again in one year. P:\Sec9\Countryside 2004 CUP Review Attachments: 1. Location Map 2. Site Plan 3. Elevations 4. March 31, 2003, City Council Minutes ~ ~ ~ ~~ ~ . ' ~~ ~ _` ~ ~~ . .^ '`` •~~ Schmelz Countryside ' Parkin Lot 9 ^ ^ Expansion Schmelz Countryside Saab 1180 HWY 36 ~~~ ~. ~, na~d5 ~ ~ ~ ~! ~ venue ~ ~ ~i~~~ '~~ ~ ~ i^~ ~ ~ ~~ a~ ~.~ ~ ~ ~ ^ ~ ' ~ ~ ~ ~~~r~~~~^ ^ L^ _ i 1 S W E S Attach~~~ent 1 J ''',~~; Highwa~36 ',~I ~ Location Map Attachment 2 ~~ ro r+• rwcl~~ne® w ~ rarorza•r+•xrr urnaa•r~a•xu• ~ ~ ~t OwYe r ~r r ~ ~A y / 1 / / // r~.rxarru' i nI:,YYxc rarraao -i si -~ 1 ~s r rl~n rxcs• -•'xr'r IxaYe woaedrwa f110IIOIaC CN TM llDial ~ rnoa owtincm er~comax W "YD r .. _.. _..JODJIIM~KK_.._.._.. NORTH m ~' ~' QO' ~~_.. ~ ~ i~ -.._.._.._rvesra~.._.._.._.._..J ; oaaYau alas ~ wia laaole noaedawa ,l I ~ i i u ~~---- -- - °~-- . .rrxlrr ~ ~ V Y 7I' OIYK NYL I L__J f~'~t) ,_ a11aIG1YE W alrl ~~ _~1 •MAQa•M~•XWV T_ __ 3/' OItlY! 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Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: John Schmelz, Owner of Schmelz Countryside William McCully, Glen Rehbein Companies Gordon Anderson, 2255 Duluth Street, Maplewood Dale Trippler, 1201 Junction Avenue, Maplewood Jean Anderson, Gordon Anderson's daughter Will Rossbach, 1386 E. County Road C., Maplewood Greg Juenemann, 721 Mt. Vernon, Maplewood f. Mayor Cardinal closed the public hearing. Councihnember Collins moved to deny John Schmelz's request fora 15-foot-parking lot setback variance form a public right-of--way for the expansion of the sales/storage lot at this Countryside Motors automobile dealership at 1180 Highway 36 east Seconded by Councilmember Juenemann Ayes-Councilmember Collins, Juenemann, and Wasiluk Nays-Mayor Cardinal and Councilmember Koppen - Councilmember Koppen moved to adopt the following resolution a pp roving a revision to the conditional use permit for John Schmelz's Countryside Motors automobile dealership located at ' 1180 Hi~hway 36 east. The revision is for the expansion for the nonconforming automobile- . repair and automobile sales (both located closer than the required 2350 feet to the residential ~ropertyl. A friendly amendment was added to strike condition 4 (staff should study and bring recommendations back to councill: RESOLUTION 03-03-041 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, John Schmelz applied for a conditional use permit revision to expand his nonconforming automobile repair and automobile sales (both located closer than the required 350 feet to residential property). The revision includes an addition to the Saab building and an expansion of the automobile sales/storage lot. WHEREAS, this permit applies to Countryside Motors Automobile Dealership at 1180 Highway 36 East. The legal description is: . Existing Dealership Legal Description: The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. -The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240.00 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. City Council 03-31-03 5 The west 110.00 feet of that part of Block 17, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.0.0 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that .part of vacated Duluth Street accruing, except the south 174.00 feet and except the north 30.00 feet thereof. Proposed Sales Lot Leal Description: That part of east 114 feet of the west 400 feet of Block 17, lying south of the southerlyright-of--way line of Trunk Highway 36 and the east 114 feet of the west 400 feet of Block 14, lying north of the south.128 feet; and the east 290 feet of the west 400 feet of the north 98 feet of the south 128 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota, subject to roads. WHEREAS, the history of this conditional use permit revision is as follows: 1. On March 3, 2003, the planning commission recommended that the city council approve this permit. 2. On March 31, 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 approved the above clescnbed conditional use permit revision because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor,~fumes, water or air pollution, drainage,. water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. 6 7 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. 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. The use would not create excessive additional costs for public facilities or services. Citv Counci103-31-03 6 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 constriction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The construction of the proposed addition to the Saab building must be started within one year of city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. There shall be no automobile access, except emergency vehicles, to or from Duluth Street. 4. Automobiles shall only be parked on designated paved or engineered porous surfaces. 5. The applicant will enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public utility easements for water main (SPRWS) and sanitary and storm sewer (City of Maplewood). 6. The city council shall review this permit in one year. •_ _ Seconded by Councilmember Juenemann Ayes-All Councilmember Collins moved to approve the plans date-stamped January 24 2003 for the proposed Saab building addition and sales/storage lot expansion to Countryside Motors automobile dealership at 1180 Highway 36 east subject to the following conditions• a. Repeat this review in two years if the city has not issued a building permit for this project. b. Signs shown on the site plan and building elevations are not part of this approval and will require separate sign permits. c. Submit the following for staff approval before the city issues a~ grading or building permit: ,. (1 >-~~~^,-., a;.. ,, „ o`i~c e-- ~~ J ~ ' b~ b~ ~ en #s e ~t~r -er 9~Eo~o ~e -e~t~eede~d ;he-~~=~~~e b` D r b b i v ivvc (1) Final ~radin~ and drainage plan for the proposed Uri Eco-Stone Paving System and final utility and erosion control plans The grading plan must show no grading within 10 feet of the watermain These plans must meet the requirements c~rv co,.~~~i o3-~ i-o~ 7 of the city engineer and city code. If; in the opinion of the city engineer the Uni Eco-Stone Pavin>? System is not functioning as described by the property owner as documented by drainage problems in the area or to public drainage facilities the property owner shall have the Uni Eco-Stone Paving_System removed and replaced with an asphalt paving and drainage pond system that would be subiect to the city engineer's review and approval. (2) Verification that John Schmelz is the fee owner of the 30-foot wide portion of the vacated Cope Avenue right-of--way that runs along the south portion of the expanded sales/storage lot property. (3) A revised site plan showing the following: (a) The new sales/storage lot is setback 20 feet from the eastern residential property line. (b) The new sales/storage lot is set back 15 feet from the frontage road right- of-way. (c) The proposed fence along the south property line of the new sales/storage lot is set back at least 10 feet from the watermain. (d) The existing chain-link fence in front of the Saab building be removed and replaced with a fence compatible with the required north sales/storage lot fence described below. , fie) The location of a 20-foot wide fire access drive aisle running from the frontage road to the entrance of the existing lot. This fire access aisle does not need to be striped on the new Uni Eco-Stone Paving System however the access aisle must be maintained at all times. (4) Elevations of the proposed fence and gate. The north fence, along the frontage road, shall include decorative pre-cast concrete columns. (5) Revised roof plan showing that all rooftop equipment and vents are located as close to the highest parapet wall as possible. (6) A revised landscape plan to include: (a) Low-Qrowth landscaping to be planted in front of the sales/storage lot, along the frontage road. (b) A row of columnar trees (narrow trees such as arborvitae or lindens) between Ember's parking lot and the new sales/storage lot. City Counci103-31-03 8 (c) Replacing the Colorado blue spruce with Black Hills spruce, increasing the number of spruce along the south side of the new sales storage lotto increase screening, and continuing the row of Black Hills spruce and Isanti dogwood along the top of the entire retaining wall (both south and east, adjacent both residential properties). (d) T~ ar~:atrr~nn r~rl~inaa n„ t~Y „~+t. +;t' ~ aw~lu~11 L, iii 1 ~ 1 «=i~hin 'LCl ~ o+ ,.F,-i.;~ e ..~:~ .,..~e,.... ~ .,,,~ :~ fi,,... ,...i. _.._i.__~ i_4 .._a _ s - ~.u...,u~ ~~ ~~~ V~~=ate e"twhl-"''~' + "~'' ~ '~ '~ To ensure no parkin on top of the utility easement in the existing south parking lot the re-establishment of all required landscape material on the existin south parking lot over the utility easement, is required. (e) A row of 6-foot-high Black Hills spruce spaced 15 feet on center to be planted on the south side of the existing parking lot within the required 20- foot buffer area adjacent 2255 Duluth Street. (f) The requirement for an underground irrigation system is waived for the new sales/storage lot if the applicant submits an agreement to the city that ensures that the landscaping will behand-watered and replaced if it dies. (7) A revised outdoor lighting and photometric plan. The revised plan shall show the ' height and style of all outdoor lights (including relocated lights), and that the light illumination from all outdoor lights does not exceed .4 foot candles at all property lines. (8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. Complete the following before occupying the sales/storage lot: (1) Install all approved parking lot surface (i.e., bituminous and curb and gutter, or engineered porous surface). ~`-/ . (2) Install the approved fence. (3) Install all required landscaping by June 1 if the sales/storage lot is finished in the fall or winter, or within six weeks of completion of the sales/storage lot if it is finished in the spring or summer. (4) Install all required exterior lights. (5) Enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public utility easements for watermain (SPRWS) and sanitary and storm sewer (City of Maplewood). (6) Install no-parking signs at the 20-foot setback along the eastern fence in the existing south lot to ensure that there is no parking over the utility easement. e. Complete the following before occupying the Saab building: (1) Install all required exterior improvements. City Council 03-31-03 9 (2) Screen all roof-mounted equipment visible from streets or adjacent residential property. All roof-top equipment and vents should be located as close to the parapet walls as appropriate to provide the best screening possible. (3) Ensure all trash dumpsters are enclosed in a trash enclosure, subject to staff approval, if there would be outside trash storage. f. 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. g. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All Councilmemb~Collins moved to table Public Hearing Item # , to the last nublic hearing. Seconded by Counc' ember Juenemann Ayes-Mayor Cardinal, -~ - Councilmembers Collins and _ _ Juenemann .Nays-Councilmembers Koppen and Wasiluk A five-minute break was taken. Mayor Cardinal announced Public e%~ringltems 3 and 4 were combined into one Public Hearing. 3. 7:15 p.m. Legacy Villa of Maple ood, City Project 02-18-Resolution Approving AUAR and Authorizi -Final Distribu 'on 4. 7:20 p:m. Coun oad D Realignment, C Project 02-07 and 02-08 -Resolution Receiving Co ents and Responses on EA and Finding of No Significant Impact a. City Mana r Fursman presented the staff report. b. City E ineer Ahl presented specifics from the repo . c. Coy~iey Bot, with SRF Consulting Group provided fu~her specifics on the Legacy V' aye AUAR. \ d. /Beth Kunkel, with URS consultants provided further specifi~ on the County Road D EAW. \ Citv Counci103-31-03 10 Agenda #G5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review PROJECT: Sibley Cove Apartments LOCATION: 1996 County Road D DATE: April 12, 2004 INTRODUCTION Project Description The conditional use permit (CUP) for Sibley Cove Apartments at 1996 County Road D is due for review. This CUP is for a PUD (planned unit development) in the BC (business commercial) zoning district. Refer to the maps on pages three through six and the city council minutes starting on page seven. BACKGROUND On April 28, 2003, the city council approved the following for the Sibley Cove project: 1. A change in the city's land use plan. This change was from BC (business commercial) to R-3(H) (residential high density). 2. A conditional use permit (CUP) for a planned unit development (PUD) fora 100-unit apartment development. The applicant requested the CUP because the existing BC (business commercial) and LBC (limited business commercial) zoning districts limit the uses on the site to commercial, office and retail uses and allows multiple-family residential uses only with a conditional use permit. (See the property line/zoning map on page four.) The CUP for this project was subject to ten conditions of approval. 3. The project design plans. (See the building elevations on page six.) DISCUSSION The contractor for the apartments has completed most of the building and site construction. However, there is landscaping and other site work that the contractor still needs to finish. David Steele, the owner's representative for the apartments, expects to have these items completed later this year. Since not all of the site improvements are complete and the owner will not be finished with the project until later this year, the city council should review this permit again in one year. This review will give staff and the property owner a chance to ensure that the project is meeting all city ordinances and conditions of approval. RECOMMENDATION Review the conditional use permit (CUP) for the Sibley Cove Apartments at 1996 County Road D again in one year or sooner if the owner proposes a major change to the site. REFERENCE INFORMATION Site Description Site size: 7.1 acres Existing land use: New apartment building Surrounding Land Uses North: Perkins and Emerald Inn across County Road D. East: A daycare center and Birch Glen apartments across Apel Street. South: Commercial businesses on the north side of Woodlynn Avenue. West: Commercial businesses on the east side of White Bear Avenue. Reasons for the Requests This proposal needed a land use plan change because: State law does not allow a city to adopt any regulation that conflicts with its comprehensive plan. 2. One of the findings required by code for a CUP is that the use is in conformity with the city's comprehensive plan. The land use plan showed this site for BC (business commercial) uses, which do not include multiple-family housing. The developer is applying for a CUP because the zoning on this site is BC (business commercial) and LBC (limited business commercial). The BC and LBC zones allow a variety of commercial and retail business and multiple dwellings with a conditional use permit (CUP). The developer chose to apply for a CUP, rather than a zone change. A CUP for a PUD is only for a specific use and site plan. A rezoning to R-3 (multiple dwelling residential} would allow a variety of multiple-dwelling uses and plans. p:sec2N\Sibley Cove Apartment review - 2004.doc Attachments: 1. Location Map 2. Properly Line/Zoning Map 3. Site Plan 4. Building Elevations 5. April 28, 2003 City Council minutes 2 Attachment ' 7 694 ' WHITE BEAR LAKE -- -~= '"'~r''~---_ t. N. BARTELMY LN. ® 2 N CHIPPEWA CT . . . "'^ 3. BRENWOOD CV. ' COUNTY ROAD D ~----~,~~ 65 GALL AVE. ' 4 a d ~ g o WOODLYNN AVE. °_ RENNER AVE. o 3 / ~ o ~ ~ ~ ~ ~ . ~ ~ ~ 2. Z ~~ ~ 1 . 00 N o AVE ~ a a . .JOHN'S ~ 3 Q ~4 _`~ " g 19 ~ - ~ f~ ~~ ~ v ~ AVE.< 3 'U) P Ph rep! BLVO. ~ ~ ~ ~ ~ ~ w ~P ~'T STANDRIDGE Q~ ~ z voi ~ ~ d ~ MAPIE LN. Q ~ '~ Y AVE. ~ ~ VE. ~ ~~ L_.~ ~ ~~~ ~~ ~ a BEAM n ® 19 w Y MAPL VIEW AVE. 68~~ 70 o RADATZ ~~ AVE. S ~ o -~~,~^ Ate. ~ ~~~~ w Morkhom r ,---~ ~~~ N Pond Ll coin ~ N 0 RTH 5T. PA U L couRr m ~ z ~ w KOHLMAN Caa ey ~ o AVE. ~ Loke ~ 23 ~ ~ g $ ~3 23 m~ ~ 3 ~ z ~ ~ 0 ~ ~ ~ ED EHILL RD. DEMONT AVE.m [~ iK AVE. E. ~ AVE ttth ~ ~- O' 17Q0' 3400' AVE. 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DAYCARE ~i5ac. ozo CENTER 3.47• ~ a ~ ~ 1.2 ; oc (~~ ~ a SITE ~, lyv h ~'~~ SS i 26 ' ro r ~ ~17~ *~ 02 (j01 °i l / n o r SITE b . __ __ ___ _ -_ __ _ _ 4? Y ~ v . ~ a o-C Ov2 " V~ ~~02o r- `~ o~ V ~ , m ~ m - - - - ~`/ - oFNlo -. ------------~-~ r------~----- (I1~ I OZ~ 2029 3.01 ac . ~?~ ~ '~---- WOODLYNN AVENUE -- 0 1 to 'o ~ ~, ~m e ~ PLAZA 3000 o°J ~ 1~ ~~ r ~ ~ ~I2; 4 N ` ~ PROPERTY LINE /ZONING MAP 4 4 N Attachment 3 ----=---T- `----~ ------rZ a ~~--~---------. _ COUNTY ROAD "D" ~ a --~ -- - ---I----~-- ~- 1..s,; xo ri1,.5 I ~ ~ ( v~ T:..-~:.,. I I •. t3 =_ __ 1 - I O m '_'°'- -- - i I u -- -- -'•o-- o ~ lD vv I Q H __ __ ~ I ~~ i I ~ --, -- 1 W Wm I I ~. ~ v ~- _ ~ ~ ~ ? ~ a DAYCARE CENTER ~ I - - - - -_ ~ ~ ~ I I I U ^~ I ~- _ _ J I w•Ja „ _- -_ ~ ~ y- -- -- -- --w-- ,,fit; ~ ~ I ' I .... _. _ ~ ~~- ..J ~ I ~ 171.p r u I o, runrwc ,mans ~ F,_, I L~ -~ ~ ~ ¢ L • ~ • ~•'G~ _. .I . ~ '1 • d~ PMIMa S7MJ.i I • - 1 1 ,'' j l' I l l l i ~ • I I II •1 ~ I I I • •..• ~ I I 1 411 I'I I I~r. ~ ~ • E>OS11tIG BIT. • • ~ . • • t9ti' FA •• ' RADIUS -' I '. b ` .~ t131' FALL • • •, RADIUS -- ~~ • ... _. ` . ~ I i I '. ~ . I ' I _ EX16 G BU40WC ~ - _ _ _ _ _ _~ _ _ _ ~ ~ L705TMG BlAlD1NG T_ YPICAL TYPICAL PARKING STALLS' HANDICAP STALLS' "Ru ~u~ I I I I Vil 1 xus r-ar ors ~•.~~ "PARCEL ¢ A ~ ~ ..I 11 r11a0nd s1KLS I I , I 1 1~1 1 1 1' 1 1 1 r i i l l l l l l l l ~ I 1 1 1 1 1 1 1 1 1 N1Uh[ PA~1uM0 L-1_1... J Q I I stanlwart rwowa I I I I • I SITE DATA BOUNDARY AREA--~ ~-.---.-~-.-___1310,120 Sq.Ft. PROPOSED APARTMENT BUILDING AREA-132,230 Sq.Ft. PROPOSED T07 LOT 1900 Sq. Ft. PROPOSED BITUMINOUS PARKING LOT--(53,432 Sq. Ft. PROPOSED SIDEWALK 17,207 Sq.Ft. TOTAL lJdPERVl0U5 SURFACE 193, 769 Sq.Ft. TOTAL OPEN SPACE - 1216,351 Sq. Ft. NUMBER OF PARKING STALLS 700 Stolls (INCLUDES 2 HANDICAPED STALLS) J 2 m SITE PLAN 5 4 N Attachment 4 BUILDING ELEVATIONS 6 4 N Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:15 P.M., Monday, Apri128, 2003 Council Chambers, Municipal Building Meeting No. 03-08 3. 8:05 p.m. Sibley Cove Apartments Reconsideration (County Road D) Land Use Plan Change (BC to R-3 (H)) (4 Votes) Conditional Use Permit for a Planned Unit Development Design Approval a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Commissioner Mueller presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Steele, the applicant, MWF Properties Keith Larson, 1990 East County Road D, Maplewood Shirley Muelker, 266 Hardsman Ave. South, St. Paul Gary Olson, 2330 Maplewood Lane E, Maplewood Pat Flaherty, 3100 Arial Street Maplewood Bob Larson, 1990 East County Road D, Maplewood Sally Renish, 2025 East County Road D, Maplewood Bob Bankers, 3100 Ariel Street, Maplewood Hans Neve, 2998 Chishom Parkway, Maplewood Howard Nelson, 2175 East County Road D, Maplewood Howard Simon, 1990 East County Road D, Maplewood Bonnie Woodbeck, 2025 Ide Streeet #104, Maplewood Kurt Soular, 2974 Chisholm Parkway, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution for the land use elan chance from BC (business commercial) to R 3 (H) (residential high density) This is for the 7.1-acre site of the Sibley Cove HousingLDevelonment: RESOLUTION 03-04-070 LAND USE PLAN CHANGE RESOLUTION WHEREAS, David Steele, representing MWF Properties, applied for a change to the city's land use plan from BC (business commercial) to R-3(H) (residential high density). WHEREAS, this change applies to the undeveloped property located on the south side of County Road D, west of Ariel Street and east of White Bear Avenue. City Counci104-28-03 7 WHEREAS, the history of this change is as follows: 1. On February 19, 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 approve the proposed plan amendment. 2. On March 10, 2003, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. 3. On Apri128, 2003, the city council again considered this request. The council again considered reports from city staff and the testimony given at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described changes for the following reasons: 1. This site is proper for and consistent with the city's goals, objectives and policies for high- density residential land use in the comprehensive plan. This includes: a. Creating a transitional land use between the existing residential and commercial land uses. b. Being near a collector street, being between two arterial streets and is near open space and shopping and services. 2. This development will minimize any adverse effects on surrounding properties because: a. The on-site pond and large setback from Woodlynn Avenue will separate the apartment building from the properties to the south. b. There should be no significant traffic increase from this development on existing local residential streets. The existing street pattern keeps the apartment traffic separate from the existing single dwellings and other residences. There should be less traffic from this development than from a commercial development on the same site. Seconded by Councilmember Wasiluk Ayes-All Councilmember Juenemann moved to admit the following_resolution for a conditional use Hermit for a planned unit development for the Sibley Cove AQartment Development on County Road D, west of Aerial Street: RESOLUTION 03-04-071 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. David Steele, representing MWF Properties, applied for a conditional use permit (CUP) for the Sibley Cove apartment planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the south side of County Road D City Council 04-28-03 $ between Ariel Street and White Bear Avenue. The legal description is: PARCEL A: The Easterly 239.00 feet of the Westerly 329.31 feet of the Southerly 428.33 feet of the Northerly 681.33 feet of the Northwest Quarter of the Northeast Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. PARCEL B: That part of the Northwest Quarter of the Northeast Quarter of Section 2, Township 29, Range 22, more completely described as follows: Commencing at a point 33 feet South of the North'/a corner of said Section 2; thence running South on North and South 1/a line of said Section 2, a distance of 615.15 feet to a point; thence East a distance of 90.31 feet to a point; thence North a distance of 615.15 feet to a point on the South right-of-way line of County Road "D"; and thence West, a distance of 90.31 feet to the point of beginning. PARCEL C: The North Ten (N 10) acres of the East Twenty (E 20) acres of the North Half (N'/z) of the Northwest Quarter (NW'/a) of Section Two (2), Township Twenty-nine (29) North, Range Twenty-two (22) West, according to the United States Government Survey thereof, subject to White Bear Avenue and County Road "D", excepting the following portions thereof, to wit: Except the South One hundred (S 100) feet thereof; and Except that part thereof lying West of the Easterly line of White Bear Avenue; and Except that part thereof described as follows: Beginning at the southeast corner of County Road "D" and White Bear Avenue; thence running East along the Southerly line of said County Road "D", Seventy-five (75) feet; thence running South and parallel with the West line of said Section Two (2), One hundred twenty-five (125) feet; thence West and parallel with the Southerly line of said County Road "D" to a point on the Easterly line of White Bear Avenue; thence Northerly along the Easterly line of said White Bear Avenue to the point of beginning; and Except that part thereof described as follows: Beginning at a point on the Southerly line of County Road "D", a distance of One hundred seventy-five (175) feet Easterly of the Southeast corner of the intersection of County Road "D" and White Bear Avenue; thence running Southerly on a line parallel with the West section line of said Section Two (2) for a distance of One hundred twenty-five (125) feet; thence Westerly on a line parallel to the Southerly right of way line of County Road "D" to a point, Seventy-five (75) feet Easterly of the Easterly right of way line of White Bear Avenue; thence Northerly on a deflection angle of Ninety (90) degrees to the Southerly right of way line of said County Road "D"; thence Easterly along said right of way line to the point of beginning; and Except that part thereof described as follows: City Council 04-28-03 9 The West One hundred fifty (W 150) feet of the East Three hundred sixty-seven (E 367) feet of the North Three hundred forty and fifty hundredths (N 340.50) feet thereof, except County Road "D" right of way, and Except that part thereof described as follows: Commencing at the Southeast corner of White Bear Avenue and County Road "D"; thence Easterly along the South line of County Road "D" a distance of One hundred seventy-five (175) feet; thence in a Southerly direction and parallel to the West line of said Section Two (2), a distance of One hundred twenty-five (125) feet to the point of beginning; thence in a Southerly direction and parallel to the West line of said Section Two (2), a distance of Ninety-five (95) feet; thence in a Westerly direction and parallel to County Road "D" to the Easterly line of White Bear Avenue; and thence Northwesterly along the East line of White Bear Avenue, a distance of Ninety-five and eleven hundredths (95.11) feet; thence Easterly and parallel to County Road "D" to the point of beginning; and Except that part thereof described as follows: Commencing at a point on the centerline of County Road "D" and Thirty-three (33) feet East of the centerline of White Bear Avenue; thence in a Southerly direction along the East line of White Bear Avenue, a distance of Three hundred forty and eighty-seven hundredths (340.87) feet to the point of beginning; thence East and parallel with County Road "D", a distance of Three hundred thirteen and ninety hundredths (313.90) feet; thence South, One hundred fifty-three (S 153.0) feet; thence West and parallel with County Road "D", a distance of Three hundred eight and sixty-two hundredths (308.62) feet to the East line of White Bear Avenue; thence in a Northerly direction, One hundred fifty-three and nineteen hundredths (153.19) feet to the point of beginning; and Except that part thereof described as follows: Commencing at a point on the Easterly line of White Bear Avenue, Two hundred twenty and twenty-six hundredths (220.26) feet Southerly of the Southeast corner of the intersection of County Road "D" and White Bear Avenue; thence Easterly on a line drawn parallel to the Southerly right of way line of County Road "D", a distance of One hundred sixty-seven and six hundredths (167.06) feet; thence Southerly at an angle of Ninety (90) degrees, a distance of Eighty-seven and fifty hundredths (87.50) feet; thence Westerly on a line drawn parallel to the Southerly right of way line of County Road "D" to the Easterly right of way line of White Bear Avenue; thence Northerly along said Easterly line of White Bear Avenue to the point of beginning; and Except that part of the following described parcel lying Westerly of the Easterly 114.15 feet thereof; That part of the North 10 acres of the East 20 acres of the North Half of the Northwest Quarter of Section 2, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Beginning at the intersection of the Easterly right-of-way line of White Bear Avenue and the North line of the South 100 feet of said North 10 acres; thence Easterly along said North line of the South 100 feet, a distance of 309.40 feet; thence Northerly at a right angle, 155.94 feet to a point on a line parallel with and distant 493.50 feet South of the North line of the Northwest City Council 04-28-03 10 Quarter of Section 2; thence Westerly along said parallel line to the Easterly right-of-way line of White Bear Avenue; thence Southerly along saidright-of-way line to the point of beginning. All in the NE 1/4 of Section 2, Township 29, Range 22. (PINS 02-29-22-12-0009, 02-29-22-12-0010 and 02-29-22-21-0017) WHEREAS, the history of this conditional use permit is as follows: On February 19, 2003, the planning commission recommended that the city council approve this permit. 2. On March 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. 3. On Apri128, 2003, the city council held another public hearing about this proposal. The city staff published a notice in the paper and sent notices to the nearby property owners. The city council gave everyone at the hearing a chance to speak and to present written statements. The council also considered reports and recommendations of the city staff and of the 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. City Counci104-28-03 11 Approval is subject to the following conditions: All construction shall follow the plans date-stamped January 24, 2003. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, streets, sidewalks, tree and driveway and parking lot plans. In addition, the applicant shall include: a. Changes to the plans to minimize the loss or removal of natural vegetation including keeping and protecting as many of the large trees along the north and east property lines (near the daycare center) as possible. b. Revised plans for 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 and shall include best management practices and rainwater gardens wherever practical. c. A storm water management plan for the proposal. d. All the changes and meet all the conditions noted by the city engineer in the memo dated February 10, 2003. 4. The design of the pond shall be subject to the approval of the city engineer. The developer shall provide to the city a 20-foot-wide drainage and utility easement over the storm sewer pipe between the pond and the Arial Street right-of-way. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk and garbage from the site. d. Install a 6-foot-wide concrete sidewalk along the west side of Ariel Street between County Road D and Woodlynn Avenue. e. Provide the city with verification that the apartment building 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 apartment building so that it 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 apartment building. City Council 04-28-03 ~ 2 6. There shall be no outdoor storage of recreational vehicles, boats or trailers. 7. Residents shall not park trailers and vehicles that they do not need for day-to-day transportation on site. If the city decides there are excess parking spaces available on site, then the city may allow the parking of these on site. 8. The developer shall provide an on-site storm shelter in the apartment building. This shelter shall be subject to the approval of the director of emergency preparedness. It shall have a minimum of three square feet per person for 80% of the planned population. 9. The city council shall review this permit in one year. 10. The owner/manager of Sibley Cove shall require every tenant to review and sign a "noise disclaimer" with their lease agreement. This disclaimer form shall be approved by the city staff. Seconded by Councilmember Wasiluk Ayes-All Councilmember Wasiluk moved to approve the design clans for Sibley Cove Apartment Development on County Road E West of Aerial Street. This approval is for the 80-unit building and does not include the 20-unit addition on the east end of the site._ The city bases this approval on the findings required bythe code and the developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading permit or a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100- year high water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, City Council 04-28-03 13 specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance as possible on the north and east sides of the site (near the daycare center) to minimize the loss or removal of natural vegetation. This is to keep and protect as many of the large trees along the north and east property lines (near the daycare center) as possible. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. (b) 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. (c) Show no tree removal beyond the approved grading and tree limits. (d) Be consistent with the approved grading and landscape plans. (4) The design of the storm water pond shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site grading or drainage easements and for recording all necessary easements. (5) All the parking areas and driveways shall have continuous concrete curb and gutter. (6) The driveways shall meet the following standards: 24-foot width--no parking on either side and 28-foot width--parking on one side The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. (7) The developer shall disturb as little as possible of the area along the north and east property lines near the daycare center. Change the grading plan for this part of the site as recommended by the city engineer. (8) The developer shall install asix-foot-wide concrete sidewalk along Ariel Street between the existing sidewalk north of Woodlynn Avenue and the south property line of the daycare center. City Council 04-28-03 14 (9) Include a storm water management plan, including drainage and ponding calculations, for approval by the city engineer. (10) Make all the changes and meet all the conditions noted by the city engineer in the memo dated February 10, 2003. b. Submit alawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city staff approval showing: (1) As much of the existing vegetation (including large trees) remaining along the northern and eastern property lines (near the daycare center) as possible. (2) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas on the south side of the parking lot around the storm water pond with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the pond. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (3) The planting of native grasses, flowering plants and low-level shrubs around the proposed storm water pond. These materials shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. (4) The planting details (including flowering plants and shrubs) for the rainwater garden at the northeast corner of the building. e. Get the necessary approvals and permits from the watershed district. F. Submit a revised site lighting plan for city staff approval. This plan shall show how the lighting on the building would add to the site lighting, and the plan should have additional lighting near the driveways, where they intersect the public streets, so the driveways are adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent properties. g. The developer shall record the following with Ramsey County: (1) The documentation to combine the properties into one property for tax and identification purposes. (2) Aten-foot-wide permanent easement for public street right-of-way and City Counci104-28-03 15 public utility purposes along the south side of the County Road Dright-of- way. h. Have the Saint Paul Regional Water Services (SPRWS) review and approve the proposed utility plans. i. The fire chief shall approve the access to the back (northeast side) of the building for firefighting needs. j. Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such facilities, the enclosure shall have materials that are compatible with the building, and they shall have gates that are 100 percent opaque. k. Submit plans for city staff approval of the south elevation, including the garage. 1. Submit samples of the proposed building materials and colors to staff for approval. m. Provide the city with verification that the apartment building will meet all state noise standards. This shall be with a study, testing or other documentation. If the noise levels on this site violate any of the state standards, then the contractor will have to construct the building so that it 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 building. n. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. o. This approval does not include the 20-unit addition on the east end of the site. The developer or builder shall submit all necessary plans to the CDRB for their approval before the city may issue a building permit for this part of the project. 3. Complete the following before occupying the building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. c. Install reflectorized stop signs at each exit, ahandicap-parking sign for each handicap-parking space and an address on the building. In addition, the applicant shall install "no parking" signs within the site, as required by staff. d. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) e. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep City Council 04-28-03 16 outside the building. Any such enclosures must match the materials and colors of the building. f. Install and taper the concrete sidewalk along Ariel Street to match the driveways. g, Install and maintain an in-ground sprinkler system for all landscaped areas. h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. i. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent properties. Install asix-foot-high solid screening fence along the west property line of the site. The location, design and materials of the fence shall be subject to city staff approval. k. Install a quality video surveillance system that covers the underground garage and its entrance/exit doors. This system shall be subject to the approval of the Maplewood Police Department. 1. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. This approval does not include the signs. 6. All work shall follow the approved plans. The director of community development may City Council 04-28-03 ~ ~ approve minor changes. Seconded by Councilmember Juenemann Ayes-All 18 City Counci104-28-03 Agenda #G6 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Planner Conditional Use Permit Review Van Dyke Village Town Houses 2191 -2231 Van Dyke Street April 15, 2004 INTRODUCTION Project Description The conditional use permit (CUP) for Van Dyke village Town houses at 2191 - 2231 Van Dyke Street is due for review. This CUP is for a PUD (planned unit development) in the BC (business commercial) zoning district. Refer to the maps on pages three through seven and the city council minutes starting on page eight. BACKGROUND On April 28, 2003, the city council approved a conditional use permit (GUP) for a planned unit development (PUD) for 20 town house units on this site. The applicant requested the CUP because part of the site would be on property that the city had zoned BC (business commercial). The code allows multiple-dwellings on BC-zoned land only with a conditional use permit. (See the property line/zoning map on page four.) The CUP for this project was subject to ten conditions of approval. On May 27, 2003, the community design review board (CDRB) approved the design plans for this project. This approval was subject to six conditions. (See the building elevations on page seven.) DISCUSSION The contractor for the town houses recently started constructing the buildings. There is, however, much site work and landscaping that the contractor needs to finish. Bruce Mogren, the owner's representative, expects that the contractor will have these items completed later this year. Since not all of the site improvements are complete and the owner will not be finished with the project until later this year, the city council should review this permit again in one year. This review will give staff and the property owner a chance to ensure that the project is meeting all city ordinances and conditions of approval. RECOMMENDATION Review the conditional use permit (CUP) for the Van Dyke Village Town houses at 2191 - 2231 Van Dyke Street again in one year or sooner if the owner proposes a major change to the site. SITE DESCRIPTIOIU REFERENCE INFORMATION Site size (project area): 3.56 acres Existing land use: Town houses (under construction) SURROUNDING LAND USES (surrounding the proposed development] North: Goodwill and undeveloped property awned by the adjacent daycare center South: Emma's Place town houses West: Finalube, NAPA Auto Parts and an auto body shop on White Bear Avenue East: Single dwellings across Van Dyke Street PLANNING Land Use Plan designation: R3-IIA (medium density residential) and BC (business commercial) Zoning: R3 and BC Land Use Plan Provision The land use plan provides that most of the land use plan categories coordinate with the city's zoning categories. The uses permitted in these land use categories are the same as those in the corresponding zoning district. Ordinance Requirements The land use plan showed this site for BC (business commercial) uses, which do not inGude multiple-family housing. The developer applied for a CUP because the zoning on this site is BC (business commercial) and R-3 (multiple-family residential). The BC zone allows a variety of commercial and retail business and multiple dwellings with a conditional use permit (CUP). The developer chose to apply for a CUP, rather than a zone change. A CUP for a PUD is only for a specific use and site plan. A rezoning to R-3 (multiple dwelling residential) would allow a variety of multiple-dwelling uses and plans. p:sec11\Van Dyke Vllage review - 2004.doc Attachments: 1. Location Map 2. Property Line2oning Map 3. Site Plan 4. Grading and Utility Plan 5. Building Elevations 6. April 28, 2003 City Council minutes 2 Attachment 1 4iLMAN AVE ~ ~~ ~ c ry~ ~. ~I C ~ iii ~ k OFII.MAN A ~ > m ~ 3 ~ RD. DE'LIOtiT AVE AVE ~ 8ft00K5 AVE. fl ~ ~ w,~lE rtD -•m,:d ~ uRSt b ~ e _~ ~ ~ AVE. ~ BURICE AVE. ~ j~ ~ ELDR IDLE AVE. drw pw~ u+. BEL~AOlf1 AVE. W E SKILL MAN AVE ~+~w.ee ~"~' AN AV, ~ ~ ~ ~ ~ AVE. }~ ID ~ } O ~ + ~ SU tf ~ ~' q C 1~A AVE ~ ~ r . ~. AVE. ~, CO n 1~1iifC ~~ ~ AvE. d co. ~ e ~t1RKE AVE. W l ~~ . , NORTH SAI ~ ~- Q ~" z --- ~ ~. o z AIJR~ ~ ~ RD. 0' 1700' ~ ~i / /~ » » 0 1 5 AVE. AVE. N. AVE S. ~C~*~N~ IO NORTH AI.ORICH . GOppRICH ~. HDLLOWAY ® ~ q~ iii ~ Sri E. ~ A~FIW ~ ® ~' ~ ~ ~ ~ RIPLEY AVE, ~ ~ PLEY I rn KUICi5f0N AVE AVE. ~~>~ ~ ~ Z ~ ~ w~ LOCATION MAP 4 N r -T 6 ` ~ ~) I ' ~~ ~V ~ t.9Ta,z.. ~ 8 T ~! 4 3 2 tY~ ~ 15 14 I ~ 0-4 E ~~~ or? ---- - - N G ~_ _ I Z ~ ~ 03 ~ ~ , - - - - - _ ~ACATED_ .Doc. t82- ~- _ ~ Q 0 ~ ~ 18 (9 2021 i r--- -- - J Z a ~ , ' 24 25 26 27 i 16 17 I! 17 f 22 ~ - 44 --rte • '~~1~ ~ ~ ~ 7. 5 147.39 5 ~ ! O (q0 , .J-+ -. 19 ~- `Z`` • ~, . ~ 03 CzZ) ~~Z3~ p03 i~~4~ ° 3 ° 1 ~ f 112s oz ' z 2251 c/1 ; -~, _ ,, 2 l _ _ ~~~ ~ ~S ~ 04 r ~ I m 2260 ~z7~ ~ 6 ~ -~ ',r/~~t T E 2250 -.r ~ 1- ~, ( ) ~' ~ a ~ LARK ~ ,. 23 ~~~~ ~ r ' ~ ~ ~ `~ 2 2 U-HAUL y G 6) -'" ~ 2242 ze) ozo I ,--. zs _ ~ !- I ~,,~., ~ ~ ~ - ~ .42 ve., 14 ~ a I ~ X21 i 7 i~ „~ 2 ~ 9`~ 3 r s° ~ ~_ 2230 ~° 4 ~ ~1 ~ -~ ~ ~ i_ g c+, BLEACHER'S SITE ~ `J ~ (~19 I ---- --- -~--- ( ~.- --__ r- oa~~ ~. LAURIE 9 '~ - its ~ - ~- - - ~-~'?`__-_ -- -----~3~.7e77~'~--_ ~ I~ ~ ~ 18 ~AUTOBODY SHOP n ~~ ~ ~/ ~--- Z. i - i ACA7ED • - - - - - - ~ ~--- j ~ ~ NAPA ~" !~ s ~ 48) ~ t--- (¢s) W~ 2194 2 II ~,so, o-' ~ to l ~y SITE ~ "-' =,L -- - Q ~,~ C I S r 11' - }, - rR .(67)x: _ ~ I~3. Ik - - " 3100 • .-~, - • 234 ~~3- _ __ -_ _ _ o SANDHU RST ~~" ~~-8t ~' ~CI~t4 ~ ~ 0 ~~lo13GZ 9i °~' ~ - - 495- - - - - ' r a s o ~' ~ ~4z~ lh JQ` ^ 1 aa. Z o ~ '~ tt3 ~ 2182 ~ ~ „ r ~s t9 1pr; I DLO) i ,^o- ~ ~, ~ a I H oso m~3 ~~ -~ ~~ -9) ~ ';~ ~ S ~ ! - are) ~ 40 ~-~ w 30 ~ ~, 2P n w n I o » 30 3 ! - + - - - -,}~, - EMMA'S PLACE -. ~ -- -~,~+onc~sgla.~ ~ ~ ~ c A_, ~ 3 wt i - - . .M.~t OASIS ,~~, Zt . ~~ ~ h ~ ~ M i ,4~ 2 ~ / L°,~l '~^. o o i°s~39~ iA ~~)2 ~41~ ~~0 0~~~ ' ~ ~~. ~ -- '6. -~, ~ 434.08 I piss ! 90 _ 4:5?}i2o ~ col 48. - C 0 U ~ -~ COUNTY ROAD B - .,, „ , PROPERTY LINE /ZONING MAP 4 4 N Attachment 3 ~ _ _ _ _ _ _ _ _ _ _ - _ __ _ L _ .4~R4 iUl J,I.L7dONd _ _ ~ - - - .4.W ~L(L,lINn 9 M0 E (4) 1 - --- - S I .a .o-. .o-. . r .r. .r. .o-. a - ~ - . - - - ,o-,yc .o,~i ,o-a .o-v .o-,~ .o-e .o-,~ ,o-, .o-si .o-.cc .o-a •~nd ~~~n'd1 - -~- - ~. - - - - 4 I - - - - ae L (L) 11N(I 9 ~ ~.~ - .t ,sc ~ ~ ~ 6 --'~- . yy 5 Q .O.cG Q M9 L (L) ~ T198(L . - - - - I ,p 's .o-~ .o-. .H .o-. .~ .6,9G .b,Yl .4,4 .6,f1 .O-~G .6,C .O-,G .b,CL p11 I Y ~ g~ `~ ~ L ) ~ XS liNn ~ 1 .aa i ~ - - - - I '3/~'d 1S21f1H4N~d5 - _ _ - ~, u~eaoae - - - _ - . - - I - - - - - - i SITE PLAN 41 N Attachment 4 E%ISTING BUILpINC p (GOODWILL) "i ~u ~4 ~ n- _R- -Str .._._... EX. BIT. 116-11 aXS A 9Ut1P Mtaxo PANWIG vAFU (TIPIDAl1 L vAUn aT1m Fa -'~ :~ ~AR%Y19 lPAODi (T11%IL E%. BIT. SU R F ACE ~ ~ 1},- -~ I 1 k ~ r f ~. '" I AuMST De51WD SN%iMY Y6N1101L RY •tTw 4 116E KLlA6 IX MY. 91406 KEty a: 69165 MOMTAIRL d (T1M~ s ~ ~~ r .eem X $ s IX , .mn` E%ISTING BUILDING Ex.tB1T. SURFACE ~ __..- 9e -n- _n_ w I _~- 1v.s. .......rt 320.75'__--_- ~ _ _ _ __ =u -~'-----max.,-:- ___ .rr ~~ _ r' 6 UNIT~Z; s' FF. 92150 ry \ , - - /' ~ •n ~. 6 UNIT~z; i e FF. 923x0 a• DAZE 6' XW .moTM ~ _~ 4 UNIT~z; z eR '~~KT]{I(I FF. 924.25 '-MI m„ ~ mtt a~ .~ ~ r ~ - I~ 1 t ~~ D.LI ..y~-~ _ O \ ~ O \ ~ Q \ YQMTA9 CNM ~ A Tom- ~ (TWtGL) P `'~,_ _ 319.00' ~. M INSTALL DRAINAGE MANHOLE RIM: 922.25 IVY: 914.95 N-S (FlELD VERIFY) ~ $I T ='.~ ~ 73' - 12" HDPE O 10.95 1 I APRON WITH THRASH GUARD (TYPICAL) SANITARY SEVER CLEAN-WT REQUIRED 96-12 CURB b CUTLER ARWND PARKING SPACES (TYPICAL) i VALLEY WTTER FOR PARKING SPACES (TYPCAL) /T~ 6' MDE SIDEWALK YATN PEDESTRIAN RAMPS (TYPICAL) ~ REPLACE PAVEMENT N! KIND (TYPICAL) MET TAP EXISTING WATER MAW INSTALL 6' CATS VALVE • (SIZE UNKNOWN, CHECK WITH q w ~~ ST. PAUL WATER UTILITY) RMI 920.SOt ! :.-911 MHt ~-CONSTRUCT NEW MANHOLE OVER EXIS11N0 SANITARY SE I ~ M n ~ ~ ° ~----- .~ : fg s ' $.. S ! ~ t6n n4a ~ niaa~i ae ~..w.s / I I ~ Y ~ ` "'000"' I i I ; CORE CUT INTO EXISTING CATCH BASIN q ~ wv: meae nw 1 ~ ( Y ' 16' - 12' HDPE O 2.DS 2 I `t CAF' ~ ~ ~ • CONTtACfOP MUST PROTECT RAIN GARDEN AFTER INSTALL T O ~ ~ ~ 1 % u w j I y ~ 1 L A I N N1TH HEAW DUTY SILT FENCE (TYPICAL) i ~ ~ i C I R!$TALL 4• GURB CUT ~ LH WITH CONCRETE SPILLWAY . ~ I o ~ I (TYPICK) - (SEE DETAIL) ~ ~ WET TAP EXIST NG W R - ~ v q ~ I ATE MAIN 9LSTALL 8' GATE VALVE W (SIZE UNKNOWN, CHECK PATH ST. PAUL WATER UTILItt) INSTALL MANHOLE DVER EXISTNG SANITARY SEVER (SIZE UNKNOWN) RIM: 921.015 w 1 INV: 912.42 (FlELD VERIFY) ', INSTALL VALLEY GUTTER (TYPICAL) ~' '~ »' - e' Pvc seR ze • aas q ETERMINED N ~ / ( " 1 9Y MECNANICAL CONTRACiOR 4 UNITSz z eR ` ~ o: I^ ~' ^ FF. 924.00 <, Y~ ~ V ~ ' I CONTRACTOR OUST PROTECT RAIN CAROEN AF1ER INSTALLATON wiTN HEAW Wtt / ~ P ;I 9LT FENCE (TYPICAL) ~ / I l ~~~ M r. N216 - ~- illltn ~ J .I .~ ~ - APRON W1TM THRASH GUARD (TYPICAL) ~Nt g~6- ( ~r 38' - 12" HDPE O 2.Oi ._......ro-_ ...~-~- ~ ~}~} CORE CUT NiTO CONCRETE BUILDING PAD '{ ~ l W ~ E%ISTNG CATCH BASIN INV: 917 -14 NW 'm w J I . TE I ,I PROPOSED GRADING AND UTILITY PLAN 6 4 ~N Attachment 5 Q I Y~ T i ~ i i dam" - - - --- --- - -- - _ -_ I - Waco a wmai ~,m .°`iinom' , ~ ox was ~ ,~~. FRONT ELEVATION irn rwe co~aa ~~~ ,a.a ~ K ~~.~,~~ .aa+nxrb ~. .,V„m viw~ uwo rOOpv~ sm ,mow ~~ 1 siaw-~x ciw ax vne rnx rou. enuas 9A6 IC a(~ ^' wa a ~oa~ ~~ _ _ - -_- _ - -= ,wo na *~ n~ mce --- ~~ _ - _ _ 3 SIDE ELEVATION n~naa SIDE iLiVATION anr•r-a 2 X116 •~ o I I I I ~ > 4 I I 4 I I I I I I 4 ~ REAR ELEVATION ' ~ I 9A6'•1 4 BUILDING ELEVATIONS 4 N Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 7:15 P.M., Monday, Apri128, 2003 Council Chambers, Municipal Building Meeting No. 03-08 J. UNFINISHED BUSINESS Van Dyke Village Town Houses (Van Dyke Street, north of County Road B) Conditional Use Permit for Planned Unit Development Design Approval a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Bruce Mogren, the developer, provided further specifics. Councilmember Wasiluk moved to adopt the following.resolution approving a conditional use permit fora 20 unit planned development for the Van Dyke Village Town House Development on the west side of Van Dyke Street north of County Road B: RESOLTTION 03-04-074 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Bruce Mogren applied for a conditional use permit to build a 20-unit town house development known as Van Dyke Village. WHEREAS, this permit applies to the property at the west side of Van Dyke Street, north of County Road B and east of White Bear Avenue. The legal descriptions are: Parcel 1: That part of the West 90 feet of the East 360 feet of Lot 2, Block 20, Smith and Taylor's Addition of North St. Paul, lying East of the West 41 feet thereof; including that part of the North half of adjoining Sandhurst Avenue, vacated, lying between the extension and across said street of the East line of the West 41 feet of the East 360 feet of Lot 2, and the West line of the East 270 feet of said Lot 2. Parcel 2: The East 270 feet of Lot 2, Block 20, together with the North 2.65 feet of said Lot 2, Block 20, except the West 233.14 feet thereof, and the South 2.65 feet of Lot 1, Block 20 except the West 233.14 feet thereof, all in Smith and Taylor's Addition to North St. Paul, accruing thereto by reason of vacation thereof. Parcel 3: All that part of Lot 1, Block 20, Smith and Taylor's Addition to North St. Paul, except the South 2.65 feet thereof, and except that part described as follows: Commencing at a point on the West line of said Lot 1, distant 2.65 feet North of the Southwest corner of said Lot 1; thence East parallel to the South line of said Lot 1 a distance of 271.49 feet; thence North on a straight line to a point on the North line of said Lot 1, distant 272.06 feet East of the Northwest corner of said Lot 1; thence West along said North line of Lot 1 a distance of 272.06 feet to said Northwest corner of said Lot 1; thence South along the West line of said Lot 1 a distance of 121.38 feet to the point of beginning, and except the South'/2 of vacated Laurie Avenue lying adjacent to the North of the 8 excepted tract and herein described. Parcel 4: All that part of Lot 2, Block 13, Smith and Taylor's Addition to North St. Paul including the North half of vacated Laurie Avenue, lying adjacent to and South of the tract herein described, except that part of Lot 2, Block 13, described as follows: Commencing at the Southwest corner of said Lot 2, thence East along the South line of said Lot 2 a distance of 272.33 feet to a point, thence Northerly on a straight line to a point of the North line of said Lot 2, a distance of 272.01 feet to the Northwest corner of said Lot 2; thence southerly along the West line of said Lot 2, to the point of beginning and excepting there from that part taken for widening of White Bear Avenue, and except the North'/z of vacated Laurie Avenue lying adjacent to and south of the excepted tract herein described. WHEREAS, the history of this conditional use permit is as follows: 1. On March 3, 2003, the planning commission reviewed this request but did not make a recommendation about this permit. 2. On April 14, 2003, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council, with the approval of the applicant, tabled action on this request. 3. On Apri128, 2003, the city council continued their discussion about this proposal. The council gave everyone at the meeting a chance to speakJand to present written statements. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances, 2. The use would not change the existing or planned character of the surrounding area. 3. The use. would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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 9 into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The final construction plans may show up to 20 town houses as 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 revising the grading and site plans to show: a. The developer minimizing the loss or removal of natural vegetation. b. All driveways at least 20 feet wide. If the developer wants to have parking on one side of the driveway, then it must be at least 28 feet wide. c. All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. d. 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. e. The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. 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 with no more than 20 units. These plans shall meet all the conditions and changes noted in the engineer's memo dated February 24, 2003. These shall include: a. The grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, retaining walls, driveway and parking lot plans. b. A storm water management plan for the proposal. 4. The design of all ponds and rainwater gardens 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. c. Remove any debris or junk from the site. d. Install the required sidewalk along Van Dyke Street. 10 6. The approved setbacks for the principal structures in the Van Dyke Village shall be: a. Front-yard setback (from a public street): minimum - 30 feet, maximum - 40 feet b. Rear-yard setback: 50 feet from any adjacent residential property line c. Side-yard setback (town houses): minimum - 40 feet from the west property line and 50 feet from the south 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. The developer shall close on the purchase of the property with the city before the city will issue a grading or a building permit for the project. 9. The property owner shall see that the site is well maintained and properly managed and shall have an on-site manager living on the property. 10. The city council shall review this permit in one year. 11 AGENDA ITEM G-7 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 19, 2004 RE: Temporary Gambling Walter Herrmann, on behalf of the Lawrence Kaiser VFW Post 8901, has submitted an application for a temporary gambling permit. They will be having pull-tabs at the Ramsey County Fair, July 14, 2004 through July 18, 2004. Funds raised during this event will be used to insure the national security, speed rehabilitation of disabled and needing veterans, promote Americanism, and assist widows and orphans of departed comrades. Recommendation It is recommended that the City Council approve the following resolution: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Lawrence Kaiser VFW Post 8901. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statutes § 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. AGENDA ITEM G-8 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 19, 2004 RE: Temporary Food Permit Fee Waiver The Maplewood Athletic Association (MAA) is holding the annual baseball pre-season jamboree and post-season tournament this summer for the youth baseball program. They run a concession stand at each event and funds raised help offset the cost for the baseball season. The two event dates are May 22 and 23, 2004 and July 24 and 25, 2004. Both events will be held at Harvest Park. Since this is a fundraiser, they are requesting that the $47.00 per day fee for the temporary food permit be waived for both events. Agenda G9 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: April 15, 2004 for the April 26 City Council Meeting SUBJECT: Interim Marketing/Public Relations Specialist Attached is a memo from Pauline Staples, Assistant to the Parks and Recreation Director, requesting money to hire an interim marketing/public relations specialist. Heidi Carey will be going on maternity leave for the months of August, September and October. Heidi is currently responsible for producing the city newsletters and marketing materials for our department. During Heidi's maternity leave there will be three city newsletters and the fall/winter recreation brochure that will need to be produced by desktop publishing. Staff has discussed this issue internally and recommends that the city retain an intern to provide desktop publishing for the three-month period. Staff has contacted a number of consultants who can provide desktop publishing services, but it is more cost effective to retain a student intern. After looking at comparable wages, it is my recommendation that a student intern be hired for twelve weeks, not to exceed 30 hours per week @ $15/hourly. The total cost for the internship would be $5,400. Staff recommends that this position be funded from the city contingency account. Should you have any questions, please contact me directly at (651) 249-2102. kh\marketing position.mem MEMORANDUM To: Bruce Anderson - Director of Parks and Recreation From: Pauline Staples - Assistant to the Parks and Recreation Director Subj: Interim Marketing/PR Specialist Date: April 14, 2004 The Marketing/PR Specialist for the City of Maplewood, Heidi Carey, will be going on maternity leave for approximately 12 weeks. This position requires many projects such as City News letters, brochures, a-mail blasts for the MCC, etc., to be designed and produced during this period. I would like to request that a position be hired during this interim period for approximately $7200.00. The position would be required for approximately 32 hours per week. The interim position would start in July 2004 to work with Heidi Carey to get familiar with the computer and demand level ofjobs during this maternity leave period. AGENDA ITEM G-10 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 St. to Southlawn Dr.), City Project 03-26 Order Assessment Hearing DATE: April 19, 2004 Introduction At the 4/12/04 city council meeting, the city council approved the final plans and advertising for bids for this project, as well as ordered the preparation of the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The city council shall consider ordering the assessment hearing for this project. Background The amounts to be assessed are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rates defined in the feasibility study. The vast majority of costs will be recovered through assessments from the Heritage Square, (Town & Country Homes) and Legacy Village, (Hartford) and Southwinds Developments. A completed assessment roll is available in the office of the City Engineer and will be distributed to as a supplemental handout prior to the assessment hearing. It is recommended that the assessment hearing be scheduled for 7:00 p.m., Monday, May 24, 2004. Recommendation It is recommended that the city council approve the attached resolution for the Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26 -Ordering the Assessment Hearing for 7:00 p.m., Monday, May 24, 2004. CMC JW Attachments: Resolution Ordering Assessment Roll Hearing Location Map RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of May 2004, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. �- ,00 AGENDA ITEM G-11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment, (East), T.H. 61 to Southlawn Dr., City Project 02-07 Order Assessment Hearing DATE: April 19, 2004 Introduction At the 4/12/04 city council meeting, the city council approved the final plans and advertising for bids for this project, as well as ordered the preparation of the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The city council shall consider ordering the assessment hearing for this project. Background The amounts proposed to be assessed are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rates defined in the feasibility study. The largest share of costs to be recovered through assessments will be from the Legacy Village Development, (Hartford). The existing pavement on County Road D has been in rather poor condition for some time. In fact, this segment of roadway was considered for a pavement replacement upgrade in 2001. However the work was postponed, as more major upgrades were anticipated. At this time, the existing roadway is proposed to be widened to accommodate center medians and protected left turn lanes. In addition a sidewalk will be constructed along the south side of the roadway. It should be noted that the assessments to the existing developed properties, along the existing County Road D, are not being assessed for a reconstruction, rather they are only proposed to be assessed for pavement replacement, as defined in the city's pavement management policy. This is the type of improvement and assessments that were proposed in 2001 and would have been done here had the road not required reconstruction. Prior to the assessment hearing, staff intends to hold a neighborhood meeting for the multi-family residential properties along the existing north side of County Road D. A completed assessment roll is available in the office of the City Engineer and will be distributed to as a supplemental handout prior to the assessment hearing. It is recommended that the assessment hearing be scheduled for 7:15 p.m., Monday, May 24, 2004. Recommendation It is recommended that the city council approve the attached resolution for the County Road D Realignment, (East), T.H. 61 to Southlawn Dr., City Project 02-07 -Ordering the Assessment Hearing for 7:15 p.m., Monday, May 24, 2004. CMC JW Attachments: Resolution Ordering Assessment Roll Hearing Location Map RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the County Road D Realignment, (East), T.H. 61 to Southlawn Dr., City Project 02- 07, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of May 2004, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. { ' r AGENDA ITEM H-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer 1 SUBJECT: Hazelwood/County Road C Area Street Improvements, Project 03-18 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: April 19, 2004 Introduction All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 10, 2004 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Background The project involves the reconstruction of 2.4 miles of residential streets with associated storm sewer and watermain construction, and sanitary sewer main and service repairs. All streets were proposed to be reconstructed to their existing widths, in their existing locations, with the exception of the one block section of Kennard Street between Sextant and Gervais Avenues adjacent to Four Seasons Park. This street segment was proposed to be widened from 20 feet to 28 feet to allow for parking adjacent to the park. All but two of the residents living on the 1600 block of Sextant (these two could not be contacted) have requested that Kennard not be widened, and that parking not be allowed due to perceived safety issues with the use of the park by children living in the area. After discussions with the residents' spokesman Joe Spannbauer, staff recommends that this section of the road be widened only to 24 feet, rather than the proposed 28-feet and that the current no parking restriction remain. This recommendation has been communicated to the residents who requested the change, and no negative feedback has been received. The proposed assessments for the Hazelwood/County Road C Area Street Improvements total $805,319. The assessments are consistent with the proposal included at the public hearing for the feasibility study on November 10, 2003. A copy of the assessment roll is provided as a supplement to this report. As outlined in the feasibility study, the assessments are based on the standard rates approved for the 2004 construction season, and are as follows: • Residential street reconstruct assessment • Residential mill and overlay assessment= • Commercial street assessment = • Single family storm sewer assessment = • Commercial storm assessment = • Sanitary sewer service for new units = • Water service for new units = $4,300 per unit $1610 per unit $86.00 per front foot $670.00 per unit $13.40 per front foot $1,970 per unit installed $1,310 per unit installed Objections Filed As of April 12, 2004 staff has received one written objection to the proposed assessments as follows: 1. Rodney and Helen McClellan, 2552 Germain Street North (PIN 102922120015): The McClellans are senior citizens and have indicated that the assessment poses a financial hardship for them. An application packet for deferment of the assessment has been mailed to the McClellans. Until such time as their application is received and reviewed, their property will remain on the assessment roll. Recommendation It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Hazelwood/County Road C Area Street Improvements, Project 03-18. Budget Impact There would be no impact to the approved budget based on the above recommendation. The proposed assessments to these properties were included in the original financing plan, which was approved in November, 2003 JW Attachments: Assessment Roll Resolution: Adoption of the Assessment Roll Location Map Letter from Rodney and Helen McClellan Letter from Joe Spannbauer Final Assessment Roll (5 pages) Hazelwood/County Road C Area Street Improvements City Project 03-18 PARCEL ID OWNER STREET ADDRESS TOTAL ASSESSMENT 102922110042 ( JOSEPH A ZAPPA 1 2522 FLANDRAU STN I $4,9701 102922110043 ( RICHARD A MANLEY 1 2532 FLANDRAU STN I $4,9701 102922110044 ( JOSEPH A TEMBREULL TRUSTEES 1 2540 FLANDRAU ST I $4,9701 102922110045 ( THOMAS G BARKER 1 2548 FLANDRAU STN I $4,9701 102922110046 ( WALTER D WEBSTER 1 2556 FLANDRAU STN I $4,9701 102922110047 I LORETTA B MCGLYNN 1 2574 FLANDRAU STN I $4,9701 102922110048 ( MATTHEW J COLLOVA 1 2580 FLANDRAU STN I $4,9701 102922110049 ( JOHN W MASON 1 2586 FLANDRAU STN I $4,9701 102922110050 ( LINDA K HARTMAN 1 2592 FLANDRAU STN I $4,9701 102922110051 ( GLORIA RICHTER 1 2598 FLANDRAU STN I $4,9701 102922110052 I LEWIS M CLARK TRUSTEE 1 2604 FLANDRAU STN I $4,9701 102922110057 ( GARY D SAMUELSON 1 1686 COUNTY ROAD C E I $4,3001 102922110058 ( LYNNE M SHERWOOD 1 2615 FLANDRAU STN I $4,3001 102922110061 ( JEFFREY P GRANDPRE 1 2607 FLANDRAU STN I $4,3001 102922110063 I JEROME A FIBISON 1 2591 FLANDRAU STN I $4,3001 102922110064 I MARJORIE L RAMSEY 1 2575 FLANDRAU STN I $10,5701 102922110065 ( THOMAS J MORRIS 1 2561 FLANDRAU STN I $4,3001 102922110066 ( RALPH J WETLAND 1 2553 FLANDRAU STN I $4,3001 102922110067 ( GARY J TEMBREULL 1 2545 FLANDRAU STN I $4,3001 102922110070 ( KEVIN B SAUNDERS 1 2601 FLANDRAU STN I $4,3001 102922110071 ( ROGER J KESSLER 1 2533 FLANDRAU STN I $4,3001 102922110075 I CHA LEE XIONG 1 2610 FLANDRAU STN I $4,9701 102922110076 I VERNON G BLANSKI ETAL 1 1700 COUNTY ROAD C E I $4,3001 102922110077 ( TODD LANGTON 1 2525 FLANDRAU STN I $4,3001 102922110078 ( ROGER J KESSLER 1 2533 FLANDRAU STN I $13,8801 102922120006 ( ALICE J YOUNG 1 1600 COUNTY ROAD C E I $4,3001 102922120007 ( DAVID A LUNDGREN 1 2618 GERMAIN STN I $4,3001 102922120008 ( HOWARD R EKSTRAND 1 2606 GERMAIN STN I $4,3001 102922120009 ( RICK R HERLUND 1 2600 GERMAIN STN I $4,3001 102922120010 ( SON V LUONG 1 2590 GERMAIN STN I $4,3001 102922120011 I STEFAN CZYZEWSKI 1 2578 GERMAIN STN I $4,9701 102922120012 ( CITY OF MAPLEWOOD 1 1830 COUNTY ROAD B E I $O 102922120015 I RODNEY W MCCLELLAN 1 2552 GERMAIN STN I $4,3001 102922120016 ( CHRISTOPHER C PETERSON 1 1601 DEMONT AVE E I $4,3001 102922120017 ( LLOYD E LAW JR ( 1605 DEMONT AVE E I $4,3001 102922120018 ( THOMAS F WATTERS 1 1615 DEMONT AVE E I $4,3001 102922120019 ( GEORGE J LEVASSEUR 1 1623 DEMONT AVE E I $4,3001 102922120020 ( SAO THAO 1 1635 DEMONT AVE E I $4,3001 102922120021 ( JAMES J NAVARRE 1 1641 E DEMONT AVE I $4,3001 102922120022 I CURTIS R BJORKLUND 1 1651 DEMONT AVE E I $4,3001 102922120023 ( CITY OF MAPLEWOOD 1 1830 COUNTY ROAD B E I $O 102922120024 ( EUGENE G TREPANIER 1 2607 GERMAIN STN I $4,3001 PARCEL ID OWNER STREET ADDRESS TOTAL ASSESSMENT 102922120027 ( DUSTIN TERRY 1 2603 GERMAIN STN I $4,3001 102922120028 ( BRIAN J MCMAHON 1 2593 GERMAIN STN I $4,3001 102922120031 I VERNEICE IRENE THOMAS 1 2585 GERMAIN STN I $4,3001 102922120033 ( THOMAS V VANMETER 1 2567 GERMAIN STN I $4,3001 102922120034 ( DONALD P MCLEAN 1 2559 GERMAIN STN I $4,3001 102922120035 ( LLOYD E MEYER 1 2551 GERMAIN STN I $4,3001 102922120036 ( DONALD E REIL 1 2545 GERMAIN STN I $4,3001 102922120037 ( JOHN G PEARSON 1 2537 GERMAIN STN I $4,3001 102922120038 ( JEREMY DAHL 1 2531 GERMAIN STN I $4,3001 102922120039 I ERICK B SWIERINGA 1 2525 GERMAIN STN I $4,3001 102922120048 ( MICHAEL J NORD 1 2575 GERMAIN STN I $4,3001 102922120052 ( CITY OF MAPLEWOOD 1 1830 COUNTY ROAD B E I $OI 102922120053 I CURTIS R BJORKLUND 1 1651 DEMONT AVE E I $6,9401 102922130001 ( BEVERLY J BROWN 1 1654 DEMONT AVE E I $4,3001 102922130002 I JOUA XIONG 1 1646 DEMONT AVE E I $4,3001 102922130003 ( JOHN F KANE 1 1638 E DEMONT AVE I $4,3001 102922130004 ( PETER J BETTENBERG POHL 1 1630 DEMONT AVE E I $4,3001 102922130005 ( JANET L LAWSON 1 1624 DEMONT AVE E I $4,3001 102922130006 ( JAMES H KISSINGER 1 1616 DEMONT AVE E I $4,3001 102922130007 ( ROSE M DUE TRUSTEE 1 1608 DEMONT AVE E I $4,3001 102922130008 ( RAYMOND L L ALLIER 1 2494 GERMAIN STN I $4,3001 102922130009 ( JOE C PRICE 1 1617 BROOKS AVE E I $2,2801 102922130010 ( LANCE BROOKS MERRITT 1 1623 BROOKS AVE E I $2,2801 102922130011 ( LISA A MCMAHON 1 1629 BROOKS AVE E I $2,2801 102922130012 ( MICHAEL A SCHRAMM 1 1635 BROOKS AVE E I $2,2801 102922130013 ( TIMOTHY W FLOR 1 1641 BROOKS AVE E I $2,2801 102922130014 ( BARBARA K HUSTINGS 1 1647 BROOKS AVE E I $2,2801 102922130015 ( JAMES W OBRIEN 1 1648 BROOKS AVE E I $2,2801 102922130016 ( RICHARD D LOE 1 1642 BROOKS AVE E I $2,2801 102922130017 ( HARRIS BEN BAKER 1 1636 BROOKS AVE E I $2,2801 102922130018 ( JANE BRENNER 1 1630 BROOKS AVE E I $2,2801 102922130019 ( SUSAN M STRASSER 1 1624 BROOKS AVE E I $2,2801 102922130020 ( MICHAEL H SNAZA 1 1618 BROOKS AVE E I $2,2801 102922130021 ( AARON D LANG 1 1612 BROOKS AVE E I $1,6101 102922130023 ( MARY J STRAND 1 2452 GERMAIN STN I $11,9101 102922130024 I W F DANIELSON 1 2440 GERMAIN STN I $4,9701 102922130025 ( ROBERT H PETERSON 1 1617 SEXTANT AVE E I $4,3001 102922130026 ( JOSEPH A SPANNBAUER 1 1623 SEXTANT AVE E I $4,3001 102922130027 ( FRANCES M KENNEDY 1 1631 SEXTANT AVE E I $4,3001 102922130028 I MARCINE C NELSON 1 1639 SEXTANT AVE E I $4,3001 102922130029 ( CHARLES N GUDIM 1 1647 SEXTANT AVE E I $4,3001 102922130030 ( THOMAS L LABARRE ETAL 1 1655 SEXTANT AVE E I $4,3001 102922130031 ( GERALD N HESSE 1 2420 GERMAIN STN I $4,9701 102922130032 ( WESLEY E MONTGOMERY 1 1616 SEXTANT AVE E I $4,3001 102922130033 ( KENNETH K BROWN 1 1624 SEXTANT AVE E I $4,3001 102922130034 ( VIRGINIA E HAGEMAN 1 1632 SEXTANT AVE E I $4,3001 102922130035 I DENNIS M WEIGEL 1 1640 SEXTANT AVE E I $4,3001 PARCEL ID OWNER STREET ADDRESS TOTAL ASSESSMENT I 102922130036 I BRENT T ANDERSON 1 1646 SEXTANT AVE E I $4,3001 I 102922130037 I CHONG VANG THAO 1 1654 SEXTANT AVE E I $4,3001 1 102922130038 ( MARK C LUNA 1 2411 KENNARD STN 1 $Ol I 102922130044 ( FRANK P FRASCONE 1 2410 GERMAIN STN I $6701 I 102922130045 I DORIS J SIVIGNY 1 1593 GERVAIS AV I $OI I 102922130052 I C N GERVAIS 1 2420 HAZELWOOD STN I $OI 1 102922130053 ( DAVID N PRITCHARD 1 1554 SEXTANT AVE E 1 $4,3001 I 102922130054 ( CHURCH OF THE HOLY REDEEMER 1 2555 HAZELWOOD AVE I $4,9701 I 102922130055 ( STEPHEN A GRAVLEY 1 1570 SEXTANT AVE E I $4,3001 I 102922130056 ( DONNA M OAKES 1 1578 SEXTANT AVE I $4,3001 1 102922130057 ( ROBERT H CLAUSON 1 1586 SEXTANT AVE E 1 $4,3001 I 102922130058 ( GEORGE T CALDWELL SR 1 2421 GERMAIN STN I $4,3001 I 102922130059 ( LINDA S CONROY 1 1595 SEXTANT AVE E I $4,3001 I 102922130060 ( LESLIE S MONETTE 1 1587 SEXTANT AVE E I $4,3001 1 102922130061 ( BERNARD F HEELER 1 1581 E SEXTANT AVE 1 $4,3001 I 102922130062 ( SCOTT E PEDERSON 1 1573 SEXTANT AVE E I $4,3001 I 102922130063 ( CLIFFORD J BONIN 1 1565 SEXTANT AVE E I $4,3001 I 102922130068 I TOU TONG VANG 1 2469 GERMAIN STN I $4,3001 1 102922130069 ( WILLIAM V MCINTYRE SR TRUSTEE 1 2479 GERMAIN ST 1 $4,3001 I 102922130070 I EVELYN G GALLOWAY 1 1586 BROOKS AVE E I $4,3001 I 102922130071 I NICOLETTE DEPLAZES 1 1572 BROOKS AVE E I $4,3001 I 102922130072 ( SCOTT A MINER 1 1564 BROOKS AVE E I $4,3001 1 102922130073 ( JASON H AMBORN 1 1552 BROOKS AVE E 1 $4,3001 I 102922130074 ( ALAN J PEABODY 1 2509 GERMAIN STN I $4,3001 I 102922130075 ( AMBER R BURKE BERGORDIS 1 2499 GERMAIN STN I $4,3001 I 102922130076 ( THOMAS M CONLEY 1 1595 BROOKS AVE E I $4,3001 1 102922130079 ( ALBERT L JESKA 1 1549 BROOKS AVE E 1 $Ol I 102922130086 I MAIKANHIA YANG 1 865 CENTURY AVE I $4,3001 I 102922130087 ( DANIEL A DIMOND 1 1557 SEXTANT AVE E I $4,3001 I 102922130091 ( JOHN T EGGINGER 1 2468 GERMAIN STN I $4,3001 1 102922130092 ( JAMES L KARALUS 1 2474 GERMAIN STN 1 $4,3001 I 102922130094 ( RAYMOND J JOHNSON 1 2430 HAZELWOOD STN I $OI I 102922130095 ( JOSHUA MORTENSON 1 1561 BROOKS AVE E I $4,3001 I 102922130099 ( RICKY A WESTBERG 1 1585 BROOKS AVE E I $4,3001 1 102922130100 ( ANDREW J MCPHILLIPS 1 1573 BROOKS AVE E 1 $4,3001 I 102922130101 I ROSELLA L LIMON 1 2480 HAZELWOOD ST I $OI I 102922130102 I EVELYN G GALLOWAY 1 1586 BROOKS AVE E I $4,3001 I 102922140053 ( CITY OF MAPLEWOOD 1 1830 COUNTY ROAD B E I $OI 1 102922140054 ( KAREN J OSWALD 1 1694 DEMONT AVE E 1 $4,9701 I 102922310001 ( JOSEPH D WATERS 1 2393 HAZELWOOD ST I $OI I 102922310010 ( KYLE R ANDERSON 1 2352 BARCLAY STN I $OI I 102922310011 I DAMON WILLIAMS 1 1461 GRANDVIEW AVE E I $4,9701 1 102922310012 B BERNARD A BROWN 1 1469 GRANDVIEW AVE E 1 $4,9701 I 102922310013 ( JAMES BERRES 1 1477 GRANDVIEW AVE E I $4,9701 I 102922310014 ( WILLIAM V MCINTYRE SR 1 2479 GERMAIN ST I $4,9701 I 102922310015 I LYDIA A LUCAS 1 1493 GRANDVIEW AVE E I $4,9701 1 102922310016 D DAVID E MASTERMAN 1 1499 GRANDVIEW AVE E 1 $4,9701 PARCEL ID OWNER STREET ADDRESS TOTAL ASSESSMENT 102922310017 I ARON GEURTS 1 1507 GRANDVIEW AVE E I $4,9701 102922310018 ( FRANCIS J GRITZ JR 1 1515 GRANDVIEW AVE E I $4,9701 102922310019 ( DOUGLAS A PRAX 1 1523 GRANDVIEW AVE E I $4,9701 102922310020 ( LEO P SCHWINTEK 1 2383 HAZELWOOD STN I $4,3001 102922310021 ( HELEN M HOWE 1 1532 GRANDVIEW AVE E I $4,9701 102922310022 ( ELIZABETH A JOHNSON 1 1524 GRANDVIEW AVE E I $4,9701 102922310023 ( APRIL K KIRCHOFF 1 1516 GRANDVIEW AVE E I $4,9701 102922310024 ( BLAKE EARL NELSON 1 1508 GRANDVIEW AVE E I $4,9701 102922310025 ( SANDRA J OLSON 1 1500 GRANDVIEW AVE E I $4,9701 102922310026 ( JOY F HUGHES 1 1494 GRANDVIEW AVE E I $4,9701 102922310027 I CURTIS R BARLOW 1 1486 GRANDVIEW AVE E I $4,9701 102922310028 ( GEORGE E OSTLER 1 1478 GRANDVIEW AVE E I $4,9701 102922310029 ( BRIAN J ANDERSON 1 1470 GRANDVIEW AVE E I $4,9701 102922310030 I KATHIE J HOWARD 1 1462 GRANDVIEW AVE E I $4,9701 102922310031 ( JACOB D KERSCHNER 1 1461 VIKING DR E I $4,9701 102922310032 I DUANE F VALENCOUR 1 1469 VIKING DR E I $4,9701 102922310033 ( WILLIAM V THOMPSON 1 1477 VIKING DR E I $4,9701 102922310034 ( SOU VANG 1 1485 VIKING DR E I $4,9701 102922310035 I TENG Z HER 1 1493 VIKING DR E I $4,9701 102922310036 ( SONG GER HER 1 1499 VIKING DR E I $4,9701 102922310037 I TERRANCE L KRANZ 1 1507 E VIKING DR I $4,9701 102922310038 ( MICHAEL W CLAUSON 1 1515 VIKING DR E I $4,9701 102922310039 I MAI YANG 1 1523 VIKING DR E I $4,9701 102922310040 ( BEE MOUA 1 1531 VIKING DR E I $4,9701 102922320019 ( STATE OF MN DOT 1 1400 GERVAIS AVE E I $OI 102922420001 ( TRUSTEE GROUP REALTY PRTNRS V 1 3610 HIGHWAY 101 S I $56,5591 102922420002 I DENTON L SANDQUIST 1 1596 GERVAIS AV E I $OI 102922420008 ( LINDA M BOLGER 1 1548 GERVAIS AVE E I $OI 102922420009 ( DWIGHT W FERNANDEZ 1 1304 ROYAL OAKS DR W I $4,3001 102922420010 I GERARD J KLEIN LE 1 1555 GRANDVIEW AVE E I $4,3001 102922420011 ( THOMAS A PAUL 1 1563 GRANDVIEW AVE E I $4,3001 102922420012 ( BETTY A CODY 1 1571 GRANDVIEW AVE E I $4,3001 102922420013 ( DAVID J VORWERK 1 1579 GRANDVIEW AVE E I $4,3001 102922420014 ( DAVID M PARKER 1 1587 GRANDVIEW AVE E I $4,3001 102922420015 ( JOSEPH R YAHNKE 1 1595 GRANDVIEW AVE E I $4,3001 102922420016 ( KEVIN M HALL 1 1596 GRANDVIEW AVE E I $4,3001 102922420017 ( DAVID J FARRELL 1 1588 GRANDVIEW AVE E I $4,3001 102922420018 ( PAUL B LOWERY SR TRUSTEE 1 1580 GRANDVIEW AVE E I $4,3001 102922420019 ( HELEN E RADCLIFF 1 1572 GRANDVIEW AVE E I $4,3001 102922420020 ( DAVID S SUBY 1 1564 E GRANDVIEW AVE I $4,3001 102922420021 I ROCHELLO TAGARINO 1 1556 GRANDVIEW AVE E I $4,3001 102922420022 ( MATT STEBBING 1 2366 HAZELWOOD STN I $4,3001 102922420023 ( MYRTLE J KOCOUREK 1 1549 VIKING DR E I $4,3001 102922420024 ( EUGENE R OPATRNY 1 1557 VIKING DR E I $4,3001 102922420025 ( PAUL M ABDO 1 1565 VIKING DR I $4,3001 102922420026 ( DONALD C CREWING 1 1575 VIKING DR E I $4,3001 102922420027 I DOUA VANG 1 1583 VIKING DR E I $4,3001 PARCEL ID OWNER STREET ADDRESS TOTAL ASSESSMENT 102922420028 ( ROBERT L SMALLER SR 1 1595 VIKING DR E I $4,3001 Total Amount Assessed: $805,319 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 22nd, 2004, calling for a Public Hearing, the assessment roll for the Hazelwood/County Road C Area Street Improvements, City Project 03-18, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 2. Rodney and Helen McClellan, 2552 Germain Street North (PIN 102922120015) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 10, 2004, as to their recommendations for adjustments. The assessment roll for the Hazelwood/County Road C Area Street Improvements, Project 03-18 as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2005 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2004, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2004 pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2004 but no later than November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 26~' day of Apri12004. ;rx .~ ~. - r... .. ti' a u`` .7 r, ~c ~i _ ';~ ~ ~:~~ ",~~~~ ~.,. ~'~"~~`~. ~~~ ~ ~ ~,..~ -fin .~zr ~ ~, ~~ ..~.. y ~ fir. ,~,,,~~~ r ~~- ~ _ ~~ - ~~~ . „~ ~'' .. '~~.~ ~ ~r, ~ ~ e~ ~~r ~~ 11 . . ~ ~' ~~ w '•' {~ ~ e ~; "~ ;{ r v ~nef Tl f~`~" 'i'~'i~rK~ ~~ ~i.~ i~' '~r ~ ~FT::F~~~3# Iii' ~ Y ~~~~ W ~ ~3 R~1^ ~'~ u ~ ~~`~ ~;~~~ ~~~~'~~~: ~~ ~~ ~~ ..yam ~ ~~~ ~~+.~.; ~~(,~~~4 ~-~,,,}}~~,,~~ ~~~ ~~~. F~~~ t ~' r~Ea"'~ ,r47" tu~3~~x~ ~~ [S~"7 } ~"I;}$ 7 h .~~.``~"^ri,~'LtL'"~ wA r~+.-~-Ra-€~~,`CJ ;~y~' V-. E ,.,. .~-v~ ~ ~ ~ cS~a. '~G3 x'~~ ~ F1~' ~i~:',f" i~ 3rika~„ ~ ~i~~i..^.'~YL?"_ '~.{~ ~~St~2 ~~-,.~. 14' `~ 3 'i tXr ~-iki ~ d#cC1~` 't2~`y~: L:~ t'. ~€~ 'e`=~'.~'~~xa $~~:''~F~ ~~' ~'~, ~.7d;'~I '~'*'; :_l .r l~cx~c4~~'2 WK T~ s F •; y-. f _ N "~ l.W'. a~~~ ~-wry ~~ ~~~ ~ , ~ ~~ ~ 'FT .Y ~S~~P 4 .',: P'~ ~~-'` Apr L J ~ b.. ~ ~ _ ~ r -~~ ~~ ; „ ~~ ~~~ - (~ ~ ~ jj,~{{ 6 ~ J ~~ E Agenda #H2 REPORT SUMMARY Applicant: Site Address: Zoning: Land Use: City Council Hearing Date: 60-Day Deadline: Laura Schryver and Angel Bemal North of 2200 English Street, between English St. and Co. Rd. B Single-Dwelling Residential (R-1) Single-Dwelling Residential (R-1) April 26, 2004 May 15, 2004 Project Description: Laura Schryver and Angel Bernal are requesting the vacation of an unused 20-foot-wide alley right-of--way located to the north of 2200 English Street. Domingo and Trinidad Bernal, Angel's father and mother, own the property at 2200 English Street. The vacation is requested in order to combine the unused alley with 2200 English Street, and then subdivide the northeast portion of the lot later this summer for the construction of a single- family house with access onto McAfee Circle. Request: Ms. Schryver and Mr. Bernal request that the city vacate the unused alley right-of--way located to the north of 2200 English Street. Recommendations: The planning commission unanimously recommended approval of the vacation of the unused alley right-of--way at their April 5, 2004, planning commission meeting. Staff also recommends approval of the vacation of the alley right-of-way. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Alley Right-of-Way Vacation LOCATION: North of 2200 English St., between English St. and Co. Rd. B DATE: April 19, 2004 INTRODUCTION Laura Schryver and Angel Bernal are requesting the vacation of an unused alley right-of- way. The vacation is requested fora 20-foot-wide alley right-of-way located to the north of 2200 English Street, between English Street and County Road B. DISCUSSION Angel Bernal's father and mother, Domingo and Trinidad Bernal, own the property at 2200 English Street (hereinafter the "property"). The property is 0.85 acres in size and is the site of the Bernal family home. The property is located to the south of the unused alley right-of-way. To the north of the alley right-of-way are two small parcels. Neither of these parcels can be developed because they do not meet the minimum lot area or width requirements. The applicants have been attempting to contact these property owners to inquire about the purchase of the parcels. If the applicants are able to purchase the parcels, they propose to combine the two parcels with the property, for a combined land area of 1.1 acres. Angel Bernal and his brothers hope to subdivide the combined parcel in the future. The combined parcel could possibly accommodate four to five new single-family lots. Regardless of the purchase of the two northerly parcels and future complete subdivision of the property, the applicants propose to subdivide one lot from the property this spring for the construction of their new home. The applicants are requesting the vacation of the alley right-of-way to make room for the subdivision of one lot, as well as any future subdivision of the property. SUMMARY State statute requires that a petition approving the vacation of an alley be submitted to the city council by a majority of the owners of land abutting the alley. To date, the applicants have been unsuccessful in contacting one of the abutting property owners and were therefore unable to submit such a petition. State statute further states that the city council may approve the vacation of an alley by a four-fifths vote if the vacation appears in the interest of the public to do so. The unused alley right-of-way does not contain utilities and the city does not have plans to construct the alley in the future. Therefore, staff finds the vacation in the interest of the public and recommends approval of the vacation of the unused alley right-of-way. COMMITTEE ACTIONS On April 5, 2004, the planning commission unanimously approved the vacation of the unused alley right-of-way. (Refer to the April 5, 2004, planning commission minutes attached.) RECOMMENDATION Adopt the resolution on page six. This resolution vacates the unused alley right-of-way located north of 2200 English Street, between English Street and County Road B. The city should vacate this right-of-way because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access. Alley Right-of-Way Vacation 2 April 19, 2004 REFERENCE SITE DESCRIPTION Site size: .85 Acres Existing Use: Single-Family Home SURROUNDING LAND USES North: Unused Alley Right-of-Way South: Single-Family Homes East: English Street and Single-Family Homes West: McAfee Circle and Single-Family Homes PLANNING Land Use Plan Designation: Single-Family Residential Zoning: Single-Family Residential Criteria for Approval Minnesota Statutes, Section 412.851 states that the council may by resolution vacate any alley on its own motion or on petition of a majority of the owners of land abutting the alley. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by a two-week published and posted notice. Application Date We received the complete application for this proposal on March 16, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 15, 2004, unless the applicant agrees to a time extension. Sec 10/2200 English Street Alley Vacation Memorandum Attachments: 1. Location Map 2. February 23, 2004, Correspondence from Applicants 3. Alley Vacation Resolution Alley Right-of-Way Vacation 3 April 19, 2004 Attachment 1 ^n ~ ® . ~ ®^ ^ ~ ® - ® • Undevelopable Parcel 2200 English Street ® ®^ ~® i ^ Future Single-I ^ N W E S Lot s Parcel ~~ ~, - -- O ~. • Location Map 4 Attachment 2 February 23, 2004 To Whom It May Concern: This is a proposal of the property on 2200 English street in Maplewood to ask the city to vacate the south side of the property, enclosed is a map and the area which is highlighted in what area it pretends to. Years ago when Ed Kaves own most of the property around the Bernal resident, the property then was sold to different owners, and at that time it was a verbal agreement that the alley way property would go to the Bernal property, but at that time nothing was done legal or no paper work was completed and sign. Domingo and Tridad Bernal will be gifting the property to the family, and at this time we would like to have the land surveyed and then eventually able to build a house on the North side of the property a map is enclosed of what area) on the corner of the Mcafee circle, and the rest of the land would stay as is. Until Mr. and Mrs. Bernal have past on. It was suggested to have that whole area go to one owner or family so there is not as much confusion for the property and who own what. Thank you, A'.w~- Lau a Schryver and e Bernal Family Attachment 3 ALLEY VACATION RESOLUTION WHEREAS, Laura Schryver and Angel Bernal applied for the vacation of the following- described right-of-way: An unused alley right-of-way located north of 2200 English Street, between English Street and County Road B in the Southwest Quarter of the Southwest Quarter of Section 10, Township 29, Range 22 West, Ramsey County, .Minnesota WHEREAS, the history of this vacation is as follows: On April 5, 2004, the planning commission recommended that the city council approve the vacation. 2. On April 26, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Subject to Roadway, Lots 15 through 20, Block 12, Sabin Addition to Gladstone 2200 English Street, Maplewood, Minnesota PIN : 10-29-22-33-0041 2. Except Roadway, Lot 14, Block 12, Sabin Addition to Gladstone PIN : 10-29-22-33-0 040 3. Part of Southwesterly Roadway of Lots 10-13, Block 12, Sabin Add. to Gladstone PIN: 10-29-22-33-0039 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way vacation for the following reasons: 1. It is in the public interest. 2. The city and the applicant have no plans to build an alley in this location. 3. The adjacent properties have street access. The Maplewood City Council adopted this resolution on , 2004. 6 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 5, 2004 VI. NEW BUSINESS a. Alley Vacation -East of English Street, south of County Road B (North of 2200 English Street) Mr. Roberts said Laura Schryver and Angel Bernal are requesting the vacation of an unused alley right-of-way. The vacation is requested fora 20-foot-wide alley right-of-way located to the north of 2200 English Street, between English Street and County Road B. Mr. Roberts said Angel Bernal's father and mother, Domingo and Trinidad Bernal, own the property at 2200 English Street. The property is 0.85 acres in size and is the site of the Bernal family home. The property is located to the south of the unused alley right-of-way. Commissioner Pearson said the vacant land is really a site that collects garbage and litter and needs some cleaning up. Mr. Roberts said staff will make sure the Code Compliance Officer goes to the site and contacts the proper people to make sure it gets cleaned up. Commissioner Desai asked who would own the alleyway? Mr. Roberts said 10 feet on the north side would be equally divided between the two parcels to the north and the 10 feet on the south side would go to the applicant's property. Chairperson Fischer asked the applicant to address the commission. Ms. Laura Schryver, 2288 - 12th Avenue East, North St. Paul, addressed the commission. Ms. Schryver and Angel Bernal, her fiance, would like to build on the property. Digging into the history of the property they discovered the alleyway needed to be vacated. They are proposing to buy the land on the north side, which currently Ed Caves Associates owns. Mr. Peter Bernal, 4609 Carolyn Lane, White Bear Lake, addressed the commission. He understands the comment made about the clutter and garbage on the site. His father had a stroke a few years ago and it has been difficult for his adult children to get out and assist him with cleaning up the property. The three brothers plan on building on the property when their parents are gone. Commissioner Mueller moved to adopt the resolution on page six of the staff report. This resolution vacates the unused alley right-of-way located north of 2200 English Street, between English Street and County Road B. The city should vacate this right-of-way because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access. Commissioner Pearson seconded. Ayes -Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 26, 2004. Agenda #H3 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Comprehensive Land Use Plan and Zoning Map Changes APPLICANT: Azure Properties (Tom Schuette) LOCATION: Beam Avenue, west of Southlawn Drive DATE: April 12, 2004 INTRODUCTION Project Description Mr. Tom Schuette, representing the property owner, is proposing a change to the comprehensive land use plan map and to the zoning map. This request is for the vacant property on the south side of Beam Avenue, between US Bank and the Ramsey County Library. (See the applicant's statement on pages 8 and 9 and the maps on pages 10 - 14.) Mr. Schuette is proposing these map changes to accommodate a future DQ Grill and Chill restaurant with an outdoor menu board and a drive-thru pick-up window. (See the preliminary site plans on pages 13 and 14.) The specific design plans for the restaurant will require a separate review and are not being considered at this time. Requests To proceed with this proposal, the applicant is asking the city council to approve the following: 1. A comprehensive land use plan change from BC-M (business commercial modified) to BC (business commercial). 2. A zoning map change from BC-M (business commercial modified) to BC (business commercial). BACKGROUND On April 22, 2002, the city council adopted a zoning code amendment for the BC-M zoning district. The city has primarily used BC-M zoning in commercial areas that are next to residential property. In an attempt to lessen the impacts of the commercial uses next to residential property, the amendment changed the conditional uses in the BC-M zone to prohibit restaurants with drive-up food or beverage windows or outdoor menu or ordering boards. This change prohibits McDonalds or similar restaurants with drive-up windows or outdoor ordering boards from locating on property that the city has zoned BC-M. DISCUSSION Land Use Plan Change The city does not have any specific criteria for land use plan changes. Any changes to the plan, however, should be consistent with the goals and policies in the comprehensive plan. In this case, there are six land use goals and eight development policies in the comprehensive plan that the city should consider when reviewing this request. The applicable land use goals include: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land, especially when supportive services and facilities such as utilities, drainage systems or streets are not available. The applicable development policies (to implement the plan goals) include: 1. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. 2. Safe and adequate access will be provided for all properties. 3. Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. 4. Whenever possible, changes in types of land use should occur so that similar uses fronton the same street or at borders of areas separated by major man-made or natural barriers. 5. The city coordinates land use changes with the character of each neighborhood. 6. Group compatible businesses in suitable areas. 7. Promote the joint use of parking areas, drives and trash containers. 8. Avoid disruption of adjacent or nearby residential areas. The proposal to change the land use plan from BGM to BC for the site would meet these goals and policies. Business Commercial (Modified) Zoning and Restaurants The city considers the BC(M) zoning district to be aloes-intensity commercial district since it is usually located adjacent to residential property. The city code states the intent of the BC(M) zoning district is "to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restriction on, but not limited to, building height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses." (See the BGM code section starting on page 21). The intent of the ordinance prohibiting restaurants with drive-up order windows is to ensure that restaurants do not cause a negative impact on adjacent residential properties through idling of cars, gasoline exhaust fumes, and intercom noise which may be associated with drive-up order windows. For comparison purposes, I have included the BC zoning code starting on page 17 and the BGM zoning code starting on page 21. Land Use and Zoning Map Changes The land area of the entire parcel is 7.6 acres. The existing two land uses (Outback and US Bank) and the proposed restaurant lease their land areas from the property owner, Azure Properties. Of the 7.6 acres, about 4.7 acres of the parcel is now vacant and most of that area should be developable. However, the actual number of buildings and the parking lot and driveway layout that could be constructed on the site will be limited by city standards and variables such as site access, grading and drainage, storm water facilities, wetland delineation, and setbacks. It is important to note that any new development will be subject to all city-required development standards, including setbacks from the wetland to the south. In this particular case, the proposed restaurant site is adjacent to the US Bank and is next to city- owned park property. Additionally, the vacant part of this property (the 4.7 acres) is not immediately adjacent to land that the city has planned or zoned for residential uses. Therefore, the changing of the land use plan and zoning map for the vacant part of this property to higher-intensity land use and zoning classifications will complement the existing land uses in the area and should not negatively affect any of the existing area land uses. Traffic Generation and Site Layout City staff had Tom Sohrweide, our city traffic consultant from SEH, review the potential traffic generation from this site with the two land use and zoning designations and the site layout for potential issues. Please see his memo on pages 24 and 25. Mr. Sohniveide found that if the owner built three fast food restaurants on the site (as allowed with the proposed map changes), there could be up to 1,100 additional vehicles per day on Beam Avenue. He also commented the preliminary site plan and access and vehicle movements within the entire site. COMMISSION ACTION On April 5, 2004, the planning commission held a public hearing about these requests. The commission, after much discussion, voted 7-0 to recommend that the city not change the land use plan and zoning maps as requested by the applicant. RECOMMENDATIONS A. Adopt the land use plan change resolution starting on page 26. This resolution changes the comprehensive land use plan map for the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). The city is making this change because it will: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land especially when supportive services and facilities, such as utilities, drainage systems or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. b. Safe and adequate access will be provided for all properties. c. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. d. The city coordinates land use changes with the character of each neighborhood. e. Group compatible businesses in suitable areas. Promote the joint use of parking areas, drives and trash containers. g. Avoid disruption of adjacent or nearby residential areas. B. Adopt the zoning map change resolution on page 28. This resolution changes the zoning map for the vacant property on the south side of Beam Avenue between the US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). The city is making this change because: 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 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. This approval does not include site plan or architectural approval. The applicant must apply to the city (the community design review board) for the approval of all project plans. Any new development or construction will be subject to meeting all required development standards, including setbacks from the wetland to the south. 4 CITIZEN COMMENTS I surveyed the owners of the nine properties within 500 feet of the site. Of the two responses received, one was in favor of the proposal and one was against: In Favor Against Please see the letter from Jon Brandt on page 16. REFERENCE INFORMATION SITE DESCRIPTION Site Size: 7.6 acres (entire parcel), 4.71 acres (vacant portion) Existing Land Use: Vacant Land SURROUNDING LAND USES North: Commercial development across Beam Avenue South: City-owned park property East: US Bank and Outback Steakhouse (zoned BC-M) West: Ramsey County Library PLANNING Existing Land Use and Zoning: BC-M (business commercial modified) Proposed Land Use and Zoning: BC (business commercial) CRITERIA FOR APPROVAL 1. Land Use Plan Change: 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. 2. Rezoning: Section 44-1165 of the city 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. b. The proposed change will 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. 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. APPLICATION DATE The city received the complete application and supporting materials for this proposal on March 4, 2004. As such, the city needs to take action on the proposal by May 3, 2004, unless the applicant agrees to a time extension. 6 P:comdev\sec3\DQ Grill & Chill LUP change Attachments: 1. Applicant's Statement 2. Location Map 3. Land Use Map 4. Property LinelZoning Map 5. Site Plan 6. Site Plan (Enlarged) 7. E-mail response from Cliff Aichinger 8. March 15, 2004 letter from Jon Brandt 9. Pages 44-66 through 44-72 of the city code 10. April 8, 2004 memo from Tom Sohrweide of SEH 11. Land Use Plan Change Resolution 12. Zoning Map Change Resolution AZURE PROPERTIES P.O. BOX 17830 ST. PAUL, MN 55117-7830 (651) 484-0070 (FAX) 486-3444 March 4, 2004 Attn: Tom Ekstrand City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: Rezoning Application Approximately 8 acres Southwest Corner of Beam Avenue &Southlawn Maplewood, MN Dear Tom, Attachment 1 MAR 0 5 2004 RECEIVED Please find enclosed the Rezoning Application and a Comprehensive Plan Amendment Application for the 8 acre parcel at the southwest corner of Beam Avenue and Southlawn Drive in Maplewood. Enclosed with the Application is the following: a) One (1) copy of the Site Plan drawn to scale showing the proposed and existing buildings. b) Site drawing of the proposed Chill & Grill restaurant. The purpose of the rezoning request is to permit the property to be used for a DQ Grill & Chill restaurant with outdoor menu board and drive-thru pick-up window. The current zoning of Business/Commercial Modified permits the intended uses of the property which include office, retail and restaurant. The change will provide for all of the same uses except that a restaurant with drive-thru and outdoor menu board will be permitted. We request approval because the Business/Commercial modified zoning is intended to be used in a buffer situation where commercial property is located adjacent to residential property. The difference here is that this commercial property is adjacent to the Ramsey County Public Library and also adjacent to a City wetland. The only part of the site which is adjacent to residential property is the eastern end of the property which is already developed and occupied by the Outback Steakhouse and US Bank. The rezoning will not have an impact on traffic congestion as Beam Avenue is designed to carry commercial traffic and to provide access to Maplewood Mall. Traffic on Beam Avenue will also be reduced by the future completion of the extension of County Road D to Highway 61. The re-zoning will not have any impact on safety. Rezoning will not have an impact upon property values as the undeveloped part of this property is adjacent to the Public Library and City wetland. The zoning change will not injure or detract the use of neighboring property or from the character of the neighborhood. This property is part of the Maplewood Mall commercial area and is intended to be developed to a commercial use. The existing utilities have been built to accommodate commercial use in this area. 8 Please find enclosed a list of property owners and their addresses for all property within 500 feet of this property. Also, enclosed is the rezoning application fee of $788.00 and the Comprehensive Plan Amendment application fee of $1,148.00. Thank you for your consideration of this re-zoning application. Please call if I can answer any questions regarding this matter. Sincerely, Thomas M. Schuette On behalf of Azure Properties TMS/kl Enclosure 9 AttachmAnt ?. ~S ~ ~ WHITE Bt,~ ~ D ti oounrn Ro~D o c ~ . p WOODLYNN AVE 0 ~ ~ ~ ~``' c~i o AVE. LYDIA ~ ST. JOHN'S °~ ~ ~ ~lY ~ ~ W ~ 1. SUMAIR CT. BLVD. ~,. ~0 o ~" ~' ' 2 COUrJTR1MEW CIR. 3 DUL1JiH CT W Y ~ V W H ~ SiA ~ ~ . . 4 LYDIA AVE i = yI1PLE ", . . BEAttA ii ® ro Ate' ~~w.~~ / BFJNA -~; Arc ~'`' AVE. WPLE VIEW AVE z ~ ~' s ^ RADAR ~ AVE ~,;; ~ ~ ~' ~ NORTH KOHLIAMI AVE ~ ~ W~c KOHLWW ~,~; ~ Z Fdr~c ~ 5 AVE ~+ `.L!ake ". DAD ~ O d ~ ~ - ~ S ~ #~ N ~ ~j V ~ ~ Z W ~GE}Igl RD. J ~ U ~ g ~ " oEMOHT ~ AVE. ~ ~ ~'` eROOKs AVE. ~n BROOKS ~ ~ ~ a __ AVE. ~ Er_Ey~TM E- ~ ! Q AVE >- GER'VI1iS ~ ~ ~ ~ GERVAIS (n ~~NDMEW AVE ~Z Cf. V110NG DR. Y ~ SHERRQd A1fE. -~-~ ~/-gi1.E AVE ~Y Z DOPE ~~` `~ AVE ~ COPE AVE !s' ~, . ~ AyE, - - ~ ~ LARK < AVE ~ ~ ~ ~ rn LAURIE RD. ~- t~i ~ ~ LAURIE RD. ~ ~ c LAURIE i RD. W~ c~ ~ ~ 1 ). ~ ~ URST ~ ftirl~ ~ AVE ~ 5 ~ ~ ~j W O 17~ W Z y~j ~ ® B ~i o ~ CO. RD. ~ B ~ ~ 12' w~cE m BURKE AVE. Q ® ~ BURL AVE. ~Wr _~ ~ . ~ ~» ,, LOCATION MAP .,o 4 ~N Attachment 3 LAND USE MAP 11 N U Attachment 4 1747 D H 174 OUVE GARDEN 1 BEAM AVE LIBRARY sirE 0 283 1795 0 39 2831 28 0 0 RADATZ AV zs s 1z tf 0 (n 04 2799 ~ C ° ~ 2796 r ,-, PROPERTY LINE /ZONING MAP 12 4 N Attachment 5 ! !J[ia ,11 .4 VENUE :, ;: - - c - - _..~..- -:,. " H. -~- _,. `' ~ " < cy i~ e. ; .~ ~~ ~ ~ .. r I F r 3 T ~ V, _ ti J ~ - -- - :• ~ , ~~ _ - -- is ~\ - i , _. ~ ~ { ~o ,- ... . _ :: - ,..~~• - ,_. ________.. _ i ~.... . .__ .._ _:.~ _ -l___C-.. ______ 1 ,• I ____.__ ~,.s SITE PLAN 13 4 N Attachment 6 BEAM AVENUE !~~ ~ of >• ~~ ---•1_----~'~~ 'yid,: ;>Iti........ %.:••:•~r r: "~' • ~ 't ~I:j ;•:: T ti ,.,~ ~,•' ': ` `i~~r ~i ---`- _ -.jam I _f. ~ r, `'r-' _RFy_T,aU I~JT {7.i', ~~iK ~~ _.. _. -- - -___ _.. --- c' - _ - •'' r _ .. . :. -- -n9ni mo ~ as , ... I ~ ..~ - _ ~ _...._ ..- - __ - L ._ \ . ~ --r-_ __ ~ .____.. _..-. _.___ ,. `-. __..__ __~ I ~~ .o I ~. ~h... i /, ~,n ~ - e. ~i ~, -_ - ~ W ---~'_ N 1 SITE PLAN (ENLARGED) ~4 N Attachment 7 Ken Roberts From: Clifton Aichinger [cliff~rwmwd.org] Sent: Wednesday, March 10, 2004 1:03 PM To: Ken Roberts Subject: Azure Properties Review. Ken- Thank you for the referral of the proposed Azure Properties rezoning and Chill & Grill project. The proposed commercial uses of the property are consistent with the District plan for this area. The site plan for the Chill & Grill appears to infringe on the wetland buffer requirements for the wetland to the south of the property. Without more detailed inspection of the site I can't tell if this are would be considered a stream section for Kohlman Creek or if it is a wetland area. It appears to be a wetland complex from our earlier inventories. The District 75' buffer requirement is at the approximate top of the slope from the wetland. The City's 100' buffer would extend into the flat part of the lot. The proposed site plan appear to extend beyond the top of the slope and into the District 75' buffer requirement. Our interest would be to keep disturbance from development and grading off of the slope leading down to the wetland. This would require a modification to the site plan. Feel free to contact me if you have any questions. Cliff Clifton J. Aichinger Ramsey-Washington Metro Watershed District 1902 E. Co. Rd. B Maplewood, MN 55109 Phone: 651-704-2089 fax: 651-704-2092 cell: 651-238-4448 15 Attachment 8 Jam. $~.-.dx 2831 Southlnwn Drive, Maplewood, MN 55109-1146 Fax: 651-748-1284 • jonbrnndt@nol.com • Phone: 651-777-5004 March 15, 2004 To: Ken Roberts, Associate Planner Community Development City of Maplewood ~ r¢ ,, From: Jon Brandt Re: Proposed zoning change -Beam Avenue R E C E r V E D Azure Properties: DQ Grill and Chill Restaurant Dear Ken, I am the owner of residential property adjacent to the commercial property proposed for a DQ drive-thru restaurant. I am strongly opposed to the rezoning proposal because of the adverse impact on current and future homeowners. When I bought my property I accepted that there would be some commercial development of the adjacent property, but understood that zoning limits would curtail the high traffic, late night and weekend noise and activity that is characteristic of the proposed development. Despite detrimental impact on the quiet enjoyment of our residential property, I did not oppose the development of the adjacent Outback Steakhouse or the US Bank. Being located next to the Outback has resulted in ongoing disturbances, including angry, late-night confrontations, midnight steam cleaning, and 6:00 am garbage truck pickups. Delivery trucks, nearly every day, are so loud some days that we have to close windows to cant' on a conversation. Several times a year we go out with trash bags to pick up restaurant trash that blows on to my property. There's a steady flow of liquid waste from the Outback dumpster that flows down the alleyway because of improper grading. Sometimes Outback customers overFlow their parking lot, filling both sides of the street in front of my house. Commercial lighting floods our backyard every night. On balance, the Outback has been tolerable. Although they serve alcohol, it's primarily an upscale restaurant. They generally don't open before 4 pm and are closed by 11 pm on weekends; earlier on weeknights. They generate little traffic down the commercial alleyway past our property, and the owner, Steve Parr, is on site and has generally been responsive to our concerns. The US Bank drive-thru has generated enormous traffic down the Outback commercial alleyway, 25 feet from my property. The banks drive-thru speaker system is very loud, apparently so customers can hear the tellers over car engines and radios. As a result people in three adjacent houses can listen to entire transactions between tellers and customers, from within our homes. The US Bank generates a continuous flow of traffic past my property, but they are only open during typical daytime banking hours, and Saturday mornings. The evening and weekend ATM traffic is steadily increasing. The noise and immense traffic that would be generated by the DQ drive-thru and restaurant would be an unacceptable addition to the existing commercial burden. I anticipate the restaurant will be open long hours, generating a continuous flow of traffic past my property, all day, all evening, and all weekend. Despite the best efforts of management, noise and blowing trash is a problem with all fast food outlets. Stepped zoning is swell-established principle of good urban planning. The City of Maplewood approved my zoning request for town homes in 1988, on the basis of transitional zoning between R-1 residential and Beam Avenue modified commercial. In fact I was not allowed to put an R-2 twin-home on my property, because of the perceived impact on the R-1 single-family homes next door. I expect the City of Maplewood to protect my residential property in a similar manner, by maintaining the current limits on commercial development. I have plans underway for the development of town homes adjacent to the proposed DQ. Such commercial development may diminish the value of my residential property. I also have an obligation to the future homeowners to protect their quiet enjoyment from adverse commercial development. Because of the unacceptable and objectionable impact on current and future residences I am strongly opposed to the zoning change. Thank you. 16 Attachment 9 § 44-474 MAPLEWOOD CODE Sec. 44-474. Determination of questions concerning appropriateness of use within district. Where there is a question concerning the appropriateness of a particular use as permitted or conditional within the CO commercial office district, the planning commission shall review the question and forward a recommendation to the city council for final determination. (Code 1982, § 36-139) Secs. 44-475-44-510. Reserved. DIVISION 10. BC BUSINESS COMMERCIAL DISTRICT* Subdivision I. In General Sec. 44-511. Permitted uses. The city shall only permit the following uses by right in a BC business commercial district: (1) A dwelling unit for one family in combination with a business use. (2) Hotel, motel or tourist cabins. (3) Retail or commercial rental activities, office, clinic, studio, bank, personal service, day care center, mortuary or funeral home, restaurant or on-sale liquor business subject to license. All on-sale liquor business not associated with a restaurant shall be at least 350 feet from any property that the city is planning for residential use. All business, storage or display, except signs and parking, shall be in a closed building. (4) For motor vehicles, the following activities if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of new motor vehicles. b. The sale or leasing of new and used motor vehicles when all such activities are on the same property. c. The rental of motor vehicles as an accessory use to the sale or leasing of new motor vehicles. (5) Publishing, photocopying or printing establishment. (6) Indoor theater. (7) Laundry. (8) Bakery or candy shop, which produces goods for on-premises retail sale. (9) Parking lot as a principal use. (10) Motor vehicle accessory installation center. *Cross reference-Businesses and licensing, ch. 14. CD44:66 17 ZONING § 44-512 (11) CNG (compressed natural gas) or LPG (liquid petroleum gas) dispensing facilities. Tanks shall not exceed a water capacity of 1,500 gallons for those dispensing facilities whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on construction sites. Refer to the licensing requirements in chapter 14, article X. (12) CNG (compressed natural gas) or LPG (liquid petroleum gas) retail dispensing facilities-Limited capacity. Tanks shall not exceed a water capacity of 1,000 gallons for dispensing facilities as an accessory use to a motor fuel station or convenience store, the primary purpose of which is the filling of LPG tanks for recreational vehicles, portable heaters and gas grills. These limited-capacity dispensing facilities shall be at least 350 feet from any property the city is planning for residential use. (13) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. (14) Organized athletic activities, such as dance, physical fitness or karate, that are conducted indoors. (15) Itinerant carnivals, subject to the licensing requirements in chapter 8, article IV. (16) Any use that would be similar to any of the uses in subsections (1) through (15) of this section, if it is not noxious or hazardous. (17) Adult use accessory, subject to the requirements in chapter 14, article III. (Code 1982, § 36-151(a); Ord. No. 825, § 1, 4-8-2002; Ord. No. 835, § 2, 11-13-2002) Sec. 44-512. Conditional uses. In a BC business commercial district, the following uses must have a conditional use permit: (1) All permitted uses in the R-3 district. (2) Processing and distributing station for beverages. (3) Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (4) The exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6)a of this section. (5) For motor vehicles, the following activities, if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of used motor vehicles. b. The storage or rental of motor vehicles. CD44:67 18 § 44-512 MAPLEWOOD CODE (6) Metal storage buildings, if the building meets the findings for a conditional use permit and the following findings: a. No more than 20 percent of the building would be visible from streets or the highest topographical point of the nearest residential lot lines. b. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and the owner does not replace it, the city council may require that the owner remove the building. If the value of the building exceeds $25,000.00, the city council shall allow at least afive-year amortization period. (7) Craftsman shop. (8) Motor fuel stations, motor vehicle wash or maintenance garages, if they meet the findings for a conditional use permit and the following findings: a. The setback of any overhead canopy shall be at least 15 feet from the street right-of--way line and five feet from a nonresidential property line. b. The setbacks to a residential lot line in section 44-20(c)(6) shall include motor vehicle washes, fuel dispensers or canopies. c. All parts of major motor fuel stations, motor vehicle washes or maintenance garages shall be at least 350 feet from any property the city is planning for residential use. d. No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours, except in storage areas that are fully screened from public view. e. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. f. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. g. The city must approve the location and type of outdoor storage in the conditional use permit. h. Noise from operations, including external speakers, shall not exceed the noise standards of the state pollution control agency. i. No motor fuel station or maintenance garage within 350 feet of a residential lot line shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. The city council may allow or require different hours of operation as part of the approval process of a conditional use permit for maintenance garages and motor fuel stations. j. Fuel station dispenser islands, parking areas, and drives shall be screened from residential lot lines in conformance with section 44-19(c) and (d). k. Parking shall be limited to paved areas. CD44:68 19 ZONING § 44-512 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 IJL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. m. There shall be leak detection equipment on all new and existing tanks according to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak detec- tion facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. n. Vents from an underground fuel storage tank shall be 200 feet from a residential lot line. The city council may approve a lesser setback if the developer can prove that the topography or existing or proposed buildings will prevent fumes from reaching a residential lot line. o. Motor vehicle washes shall be subject to the same conditions as stated for motor vehicle fuel stations, with the following additional conditions: 1. Water from a motor vehicle wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 2. There shall be stacking space for at least four vehicles. (9) Privately owned mining or material recycling facility. The processing of recyclable materials shall be in an enclosed building and shall be at least 350 feet from any property the city is planning for residential use. (10) Any use that would be similar to any of the uses in subsections (1) through (10) of this section, if it is not noxious or hazardous. (11) Any building or outside use, except parking, that is within 75 feet of a residential building. (12) Pawnbroker as defined in chapter 14, article XII. All pawnbrokers are subject to the following: a. They must be located at least 500 feet from a residential lot line and at least 500 feet of any school or church. b. They must have city licensing as regulated in chapter 14, article XII. (13) Retail firearms sales if the business, store or shop is at least 350 feet from any property the city is planning for residential use. All such businesses are subject to all. applicable state and federal licenses. CD44:69 20 § 44-512 MAPLEWOOD CODE (14) Currency exchange as defined in chapter 14, article XII. All currency exchanges are subject to the following: a. They must be located at least 500 feet from a residential lot line and at least 500 feet of any school or church. b. They must have city licensing as regulated in chapter 14, article XII. (Code 1982, § 36-151(b); Ord. No. 792, § 1, 11-23-1998; Ord. No. 786, § 1, 11-10-1997; Ord. No. 825, § 1, 4-8-2002) Secs. 44-5134-535. Reserved. Subdivision II. LBC Limited Business Commercial District Sec. 44-536. Permitted uses. (a) Permitted uses in the LBC limited business commercial district are the following: (1) Offices; (2) Medical or health-related clinics; and (3) Day care centers. (b) The city will allow uses similar to the uses in subsection (a) of this section 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 a determination of compatibility. (Code 1982, § 36-154(a); Ord. No. 802, § 1, 6-26-2000) Secs. 44-537-44-555. Reserved. Subdivision III. BC(M) Commercial District (Modified) Sec. 44-556. Intent. The BC(M) business commercial district (modified) is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses. (Code 1982, § 36-155(a)) Sec. 44-557. Permitted uses. In the BC(M) business commercial district (modified), the city shall only permit the following uses by right: (1) Retail or commercial rental activities, office, clinic, studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. CD44:70 21 ZONING § 44-559 (2) Hotel or motel. (3) Indoor theater. (4) Publishing, photocopying or printing establishment. (5) Bakery or candy shop producing goods for on-premises retail sales. (6) Motor vehicle accessory installation center. (7) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. (8) Organized athletic activities, such as dance, physical fitness or karate, that are conducted indoors. (9) Itinerant carnivals, subject to the licensing requirements in chapter 6, article VI. (10) Any use that would be similar to any of the uses in this section, if it is not noxious or hazardous. (Code 1982, § 36-155(b)) Sec. 44-558. Conditional uses. In the BC(M) business commercial district (modified), the following. uses must have a conditional use permit: (1) All permitted uses in the R-3 multiple-dwelling district. (2) Laundry. (3) Restaurant, where there are no drive-up food or beverage order windows or outdoor menu or ordering boards serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. (4) Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (5) Minor motor fuel station, subject to the requirements in section 44-512(8). (6) On-sale liquor business, subject to license. (7) Any use that would be similar to any of the uses in this section, if it is not noxious or hazardous. (Code 1982, § 36-155(c); Ord. No. 827, § 1, 4-22-2002) Sec. 44-559. Prohibited uses. Prohibited uses in the BC(M) business commercial district (modified) are as follows: (1) Drive-in theaters or drive-in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) The exterior storage, display, sale, or distribution of equipment, goods, or materials. CD44:71 22 § 44-559 MAPLEWOOD CODE (4) Carwash. (5) Public garage or major motor fuel station. (6) Compressed natural gas or liquid petroleum gas dispensing facilities. (7) Restaurants with drive-up food or beverage windows. (8) Restaurants with outdoor menu or ordering boards. (Code 1982, § 36-155(d); Ord. No. 827, § 1, 4-22-2002) Sec. 44-560. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Drive-in restaurant means a restaurant with adrive-up order window or serving of food to patrons in their automobiles. 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. (Code 1982, § 36-155(e); Ord. No. 827, § 1, 4-22-2002) Cross reference-Definitions generally, § 1-2. Secs. 44-5614-595. Reserved. DIVISION 11. SC SHOPPING CENTER DISTRICT* Sec. 44-596. Permitted uses. The city shall only permit the following uses by right in the SC shopping center district: (1) Retail or commercial rental activities, restaurant, on-sale liquor business subject to license, office, clinic, studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. (2) Publishing, photocopying or printing establishment. (3) Indoor theater. (4) Laundry. (5) Bakery or candy shop, which produces goods for on-premises retail sale. (6) Motor vehicle accessory installation center. (7) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. *Cross reference-Businesses and licensing, ch. 14. CD44:72 23 J ~~ SEH MEMORANDUM TO: Chuck Ahl, City of Maplewood Public Works Ken Roberts, City of Maplewood Planning FROM: Thomas A. Sohrweide, PE, PTOE DATE: Apri18, 2004 RE: Maplewood, Minnesota Azure Properties Traffic Comparison SEH No. A-MAPLE0208.00 14.00 Attachment 10 At your request, I have reviewed the potential traffic generation from approximately 4.5 acres of undeveloped property on the south side of Beam Avenue between Southlawn Drive and Kennard Street. In addition, I have also reviewed this area for site layout and access issues. It is my understanding that the existing property is zoned business commercial-modified (BC-M) and a request is being made to change the zoning to business commercial (BC). An area of concern about the proposed change is how much additional traffic could be generated with this change in zoning. Traffic Generation In reviewing the permitted uses, it appears the most significant traffic generator would be a fast food restaurant. In the BC-M zoning, a fast food restaurant could be constructed with a conditional use permit and no drive-thru provisions. This would compare to a fast food restaurant in the BC zoning that could have adrive-thru. For estimating purposes, we have assumed the vacant 4.5 acres could accommodate three fast food restaurants, with each having approximately 4,000 square feet of building size. The Institute of Transportation Engineers Trip Generation Manual, 7`~ Edition, was used to estimate the traffic generated from this type of development. Each fast food restaurant with adrive-thru would generate an estimated 2,500 vehicles per day. For all three restaurants, this would be a total of 7,500 vehicles per day. Of this traffic and for this type of use, we estimate approximately 25 percent of the vehicles would be classified aspass-by trips. This means they are currently on Beam Avenue and would divert their trip to the site and then back to Beam Avenue. Therefore, this type of use would generate approximately 5,620 new trips per day. This breaks down to 2,810 new trips from Beam Avenue into the site, and 2,810 trips out of the site back onto Beam Avenue. This compares to a fast food restaurant without adrive-thru that would generate an estimated 1,500 trips per day, for a total of 4,500 trips per day for three restaurants. This translates to 2,250 trips per day into the site and 2,250 trips per day out of the site. Again, with an estimated 25 percent of pass-by trips, the traffic into the site would equal the traffic leaving the site, with both equal to 1,685 trips per day. Assuming the traffic is equally split by its direction on Beam Avenue, Beam Avenue east of the site and west of the site would have an increase in daily traffic volume of approximately 2,800 vehicles per day with the drive-thru scenario (BC) versus approximately 1,700 vehicles per day with no drive-thru (BC-M). Therefore, in this analysis, the change in zoning from BC-M to BC could generate as much as 1,100 additional vehicles per day on Beam Avenue. As a comparison to the net estimated 5,600 trips per day from three fast food restaurants with drive-thrus, following are the estimated trips that several other types of uses could generate on this 4.5-acre site. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax 24 Azure Properties Traffic Comparison Apri18, 2004 Page 2 Office space, which would be allowed in either zoning, would generate 600 vehicles per day. High turnover sit down restaurants would be allowed in the BC zoning and with a conditional use permit in the BC-M zoning. We estimate two restaurants of this type could be built on this site. They would generate a total of approximately 3,100 vehicles per day. A third use that would be allowed only in BC zoning is a health/fitness center. On this site, that type of facility would generate approximately 1,700 vehicles per day. In a study for Metro Transit, we analyzed the impact of the development of a pazk and ride site on the northeast corner of the intersection of Beam Avenue/Southlawn Drive. That study found that in the immediate vicinity of this development area, the weak link in the Beam Avenue transportation system is at the intersection of Beam Avenue/White Bear Avenue. The development included in that analysis included a 1,000 vehicle park and ride site, development north of Beam Avenue off of Kennard Street (Legacy Village), the expansion of Kohls department store, an estimated 2 percent annual growth in Beam Avenue traffic, and the extension of County Road D to Highway 61. In that study, growth was anticipated to occur by the year 2010. With that development and traffic growth, and with future improvements at Beam Avenue/White Bear Avenue of dual left tum lanes for eastbound and northbound traffic, the intersection of Beam Avenue/Southlawn Drive was found to operate at approximately the same level of service in 2010 as it does today. Maximum traffic growth that could be generated from three fast food restaurants with drive-thrus on this 4.5-acre site would be less than what was anticipated for traffic growth on Beam Avenue by the year 2010. Internal Site Operations The other issue for this site is access. The proposed site plan shows connections to the east through existing pazking lots and through an alley type roadway on the south edge of the property. This all appeazs to be desirable for the currently undeveloped properties because of the ability to gain access to a full access signalized intersection at Beam Avenue/Southlawn Drive. From the standpoint of pedestrian safety, we do not recommend the connection to the drive aisle in front of the front door to U.S. Bank and Outback Steakhouse. A similaz concern exists if a connection were attempted to the west through the Ramsey County Public Library parking lot to Kennard Street. Providing continuity for this drive aisle creates a through roadway with pedestrians crossing who aze anticipating parking lot traffic (slower) and not through traffic (faster). A connection across the north end of the pazking lot is better, but in the case of Outback Steakhouse, brings all that traffic back south to its front door with a difficult left tum. From a circulation and access standpoint, it does appear desirable to have the alley connection on the south side of the property to Southlawn Drive. At this time, the intersection of this alley at Southlawn Drive has a curb extension from its south curb line curving to the north to encourage traffic to turn north as they leave this alleyway. However, at this time, it appears to be a potentially hazardous situation, since there is no signing to mazk the curb or provide direction as to the appropriate turn to make. We recommend signing and possibly curb painting be added to this location to advise of the required left turn to go north. If the alley access is maintained for the currently undeveloped azeas, we estimate the traffic generated under the BC scenario above to use the alley and would be approximately 2,800 vehicles per day. If the City does not want to keep the alley connection to the undeveloped area, we recommend Beam Avenue access only be provided to this undeveloped area. tlo x:Uco~meple~A20800botrespondeoce~ehl_robertx040804.doc 25 LAND USE PLAN CHANGE RESOLUTION Attachment 11 WHEREAS, Tom Schuette, representing the property owner, proposed a change to the city's land use plan from BC-M (business commercial modified) to BC (business commercial). WHEREAS, this change applies to the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library (the west 550 feet of Parcel 03-29- 22-11-0018), Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On April 5, 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 deny the proposed plan amendment. 2. On April 26, 2004, the city council discussed the proposed land use plan change. 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 because it will: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land especially when supportive services and facilities, such as utilities, drainage systems or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. b. Safe and adequate access will be provided for all properties. c. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man- made or natural barriers. d. The city coordinates land use changes with the character of each neighborhood. 26 e. Group compatible businesses in suitable areas. f. Promote the joint use of parking areas, drives and trash containers. g. Avoid disruption of adjacent or nearby residential areas. The Maplewood City Council adopted this resolution on , 2004. 27 ZONING MAP CHANGE RESOLUTION Attachment 12 WHEREAS, Tom Schuette, representing the property owner, proposed a change to the city's zoning map from BC-M (business commercial modified) to BC (business commercial). WHEREAS, this change applies to the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library (the west 550 feet of Parcel 03-29- 22-11-0018), Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On April 5, 2004, the planning commission recommended that the city council deny the rezoning change. 2. On April 26, 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: 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. 2s MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 5, 2004 V. PUBLIC HEARING a. Proposed DQ Grill and Chill (West of 1760 Beam Avenue) Mr. Roberts said Mr. Tom Schuette, representing the property owner, is proposing a change to the comprehensive land use plan map and the zoning map. This request is for the vacant property on the south side of Beam Avenue, between US Bank and the Ramsey County Library. Mr. Schuette is proposing these map changes to accommodate a future DQ Grill and Chill restaurant with an outdoor menu board and adrive-thru pick-up window. The specific design plans for the restaurant will require a separate review and are not being considered at this time. Commissioner Dierich asked if there was a reason this couldn't be done by a variance verses changing the zoning? Mr. Roberts said the state law doesn't allow you to do a variance for a use or zoning designation, it only allows a variance for measurements or setbacks. Commissioner Dierich asked if in the past the city had ever changed the BC-M zoning to accommodate this type of a use? Mr. Roberts said yes for the 5-8 Club, otherwise the only other BC-M zoning is along Beam Avenue. Commissioner Dierich asked how large the R3-C property was behind the residential homes? Mr. Roberts said the R3-C property is about 1.6 acres and could contain 9 units. Commissioner Dierich asked what the setback was for BC-M from residential and for BC for residential. Mr. Roberts said the setback is the same for all commercial districts. He said for a parking lot it has to be setback at least 20 feet and the building has to be at least 50 feet from another residential property. Commissioner Dierich asked if it would be more acceptable to staff to have the DQ Grill and Chill closer to the library and move the drive thru to the other side of the building so people would not exit out into the ally? Mr. Roberts said that's a detail that has not been looked into but it makes more sense to him. Commissioner Dierich asked what staff envisioned for the rest of this site if this is zoned BC? Mr. Roberts said Mr. Schuette could answer the question. Commissioner Pearson asked if there was any plan for the rest of this site? It appeared after they bulldozed the site there is a lot of debris, garbage and old tires that need to be cleaned up. Mr. Roberts said that would be reviewed as part of the site plan review but staff hasn't gotten to that level of detail yet. Commissioner Trippler said he read the statute in the staff report and asked why the bank and the drive thru wasn't excluded from the BC-M zoning? He thought a drive thru at a bank would have the same type of problems that a drive up window at a restaurant would have and therefore, should have been excluded from the BC-M zoning. Mr. Roberts said it could have the same type of problems. The bank was built in 2002, which was the last time the BC-M code was changed. The BC-M district lists banks as a permitted use but doesn't differentiate between banks and banks with drive up facilities. He said staff may have to review that for a possible code change. Commissioner Trippler said he read the residents complaint regarding the bank drive thru window and the issue that they can hear the teller/customer conversations in their house. Mr. Roberts said as far as the speaker systems go the hours of operation for a bank are not as late as restaurant hours. Commissioner Trippler said he understands that the parcel that site is looking at will not be immediately adjacent to residential and currently there is a duplex and a single family home on the corner. He asked, isn't it possible that there could be some additional dwellings built on the properties marked R3-C, which would be practically right next door? Mr. Roberts said the properties marked R3-C would be getting close to this site. Commissioner Dierich asked staff wasn't the purpose of the BC-M zoning so there would be a break between residential and commercial property? Mr. Roberts said the code was set to have transition between properties. The city has to draw the line somewhere, which they have, however the applicant requested that the code be changed. Commissioner Bartol said it would be inappropriate to not consider what type of businesses are operating in this location and the time of day they are operating. The bank is primarily a daytime operation and the restaurants are early evenings to late nights. He asked what type of hours the city could expect from a drive thru restaurant like the proposed DQ Grill and Chill? He would compare the drive thru issues to parking lot activity that can get loud and intrusive in the evenings. He asked if there was any consideration within the BC-M zoning for the type of business that is being conducted? He said a speaker box operating during daytime hours maybe more acceptable than one that is operating at all hours of the night such as until 12:00 a.m. Commissioner Mueller asked if the reason DQ Grill and Chill asked for BC zoning is for the drive thru? Mr. Roberts said the applicant's request for the zoning change is for both the drive thru window and menu board for DQ Grill and Chill. Commissioner Mueller asked if DQ only had a menu board outside would a zoning change still be required? Mr. Roberts said yes. Commissioner Mueller asked if the applicant didn't request a drive thru pick up window and menu board then the zoning could remain BC-M? Mr. Roberts said yes. Commissioner Mueller asked what the difference was between DQ Grill and Chill and the regular DQ restaurants we are familiar with in the city? Mr. Roberts said he understood the difference to be the DQ Grill and Chill is a more upscale DQ restaurant with more seating and an expanded menu and is open for breakfast. Commissioner Mueller wondered why there was a need for 66 parking spaces as shown on the plan at the DQ Grill and Chill? Mr. Roberts said this restaurant is new to the area and that many parking spaces may be necessary for this type of an establishment. Commissioner Mueller asked if the alleyway behind the proposed DQ Grill and Chill would still be used for garbage pickup and deliveries or would it end at US Bank? Mr. Roberts said regardless of what happens with this request the existing alleyway will remain. Commissioner Mueller said in the past there have been discussions that the commission shouldn't make decisions on what "might" be built in the future but to only look at the proposal before them. He thinks it's a good idea to look at what "could" be built in the future and how that could affect the area and problems that could be created in the future. Chairperson Fischer read the Maplewood Code in the staff report on page 19, item h. and asked if the city does any monitoring to see if these uses are in compliance for noise? Mr. Roberts said staff has on occasion gone out after a complaint has been made but that subsection in the code is specifically for fuel stations and maintenance garages. Chairperson Fischer asked when staff has found the owners to be out of the noise compliance was it from the wind blowing a certain direction and making the sound carry louder or was the noise a problem to begin with? Mr. Roberts said in the 15 years that he has worked at the city more often than not the noise complaint has been because the wind and background noise has added to the problem, especially next to busy roadways such as Beam Avenue. There have probably been 2 times noise levels have been out of compliance and the city has been able to work with the owner to fix the problem. Commissioner Desai said Mr. Brandt's letter in the staff report talks about various complaints regarding the businesses in this location, such as noise, traffic, garbage, parking, etc., he asked if the city had been aware of these problems and did the city addressed these issues? Mr. Roberts said he was not aware of these complaints until he read Mr. Brandt's letter. After reading Mr. Brandt's letter he discussed these issues with the Environmental Health Inspector who was going to go to the site to investigate and has not yet reported back to staff. Chairperson Fischer asked the applicant to address the commission. Mr. Tom Schuette with Azure Properties, the property managing company representing the applicant, and residing at 811 West County Road F, Shoreview, addressed the commission. Commissioner Trippler asked Mr. Schuette if it is absolutely essential that this restaurant have a speaker system and drive thru window? Mr. Schuette said yes it is. Commissioner Trippler asked if it would be possible to rotate the restaurant to another position on the property? Mr. Schuette said the DQ restaurant representatives have a concept and the drive thru is an integral part of the concept. Regarding the position of the building to the street and the signage he cannot answer. Commissioner Trippler asked if the building was placed in the back of the property as opposed to being closer to Beam Avenue to be compatible with the other buildings? Mr. Schuette said the plan is to continue to place the buildings at the back of the properties with an access road behind and in front of them and a third access across the front of the property. The largest reason for putting the building along the back is to give visibility to all of the various buildings. He said if they moved one of the buildings closer to the street it would disadvantage all of the properties. Commissioner Trippler asked what the plan was for the back south lot line and how they are going to shore that up to make that usable? Mr. Schuette said they would have to do that according to the code and requirements. Commissioner Trippler asked if anyone has approached the applicant regarding any other parcels of vacant property in that area? Mr. Schuette said the applicant has been in conversation with a variety of prospects generally restaurants but they have also had conversations with prospective office buildings. They anticipate if they did an office building that it would be along the west end where it could extend closer to Beam Avenue without hindering the visibility. Commissioner Mueller asked for more information about the Grill and Chill and the need for 66 parking spaces? Mr. Schuette said in his experience the more parking the better it is for business. The other point is that the 7~/2-acre site has cross parking arrangements with US Bank and the Outback Restaurant, which works particularly well because one is a day user and the other is an evening user. Mr. Schuette said they have encouraged the Grill and Chill to maximize their parking spaces on the site so they don't find themselves with a future parking problem. He is aware the city requires a certain amount of green space and landscaping and he anticipates they would be able to comply with the code. Commissioner Mueller said it appears the applicant is getting very close to encroaching the wetland buffer area and eventually the other buildings will have to be moved farther north. Mr. Schuette said it is possible the building will have to be moved farther north but they are not that close to closing a deal on the next site. The city has granted variances from the 75 feet, which is farther than most communities for a setback. He said they hesitate completing the deal with the DQ Grill and Chill before knowing if the city is going to welcome this proposal or not. The Maplewood Mall area is a busy regional commercial center and that is what the city wants it to be. The DQ Grill and Chill is a fun new concept and people would welcome this type of establishment in the city. Commissioner Mueller said he doesn't have a problem with the restaurant it's the issues with the site that the commission is bringing up that he is concerned with. Commissioner Trippler asked if he owns the other parcels of property? Mr. Schuette said he manages the property but a single owner owns the properties. Commissioner Trippler asked if there was a reason the DQ Grill and Chill has to be on that particular portion of property or could it be moved closer to the Ramsey County Library property? Mr. Schuette said they have reasons the DQ Grill and Chill should be moved closer to the library but DQ has indicated as recently as today that they want to be in this location. Commissioner Trippler said he has a problem with DQ being built on this particular site but he would not have a problem if it was built closer to the library and repositioned. Commissioner Dierich asked staff if the problem was the drive thru with the menu board and the outside speaker or just two of the three? Mr. Roberts said it's the drive thru pick up window and the outdoor menu ordering board that are the problem. Both are excluded in the BC-M code. Outback and Chili's restaurants have curbside delivery but in that instance customers call ahead to order and someone from the restaurant brings their order out to their vehicle and that is allowed by code. Commissioner Dierich said she is not comfortable with changing all of the property to the BC zoning and she is worried about the future of the property. She said she is okay with changing this particular piece of property to BC zoning but she is not comfortable changing the whole property to BC zoning. Commissioner Pearson asked if the applicant could eliminate two or three parking spaces on the north to create a wider ingress/egress to Beam Avenue and directing the traffic exiting from the sites out to Beam Avenue rather than out to Southlawn Drive? He said he didn't think it was the Planning Commission's intention to have Southlawn Drive become a major thoroughfare along side the residential units. Mr. Schuette said they do have two driveways to Beam Avenue, however only one is shown on the plans. The driveways are marked right in and right out so no west bound traffic can enter from Beam Avenue. He said he believed Southlawn Drive was intended to provide access to the property, which was zoned commercial. Commissioner Pearson asked in addition to the speaker system where would other noise making equipment be located such as blowers and air conditioning? Mr. Schuette said those issues have to be addressed according to code. Commissioner Pearson asked if typically those would be on the roof of the building? Mr. Schuette said he is almost certain the equipment would be roof mounted. Commissioner Mueller asked if the plan was to have pavement across the front of the Outback Restaurant and US Bank and then stop or continue on? Mr. Schuette said the plan is to run the roadway across the Outback Restaurant, US Bank, DO Grill and Chill and continue running it in front of future developments. The back driveway will stay there and would likely be used by the US Bank customers as well as customers of DQ. Commissioner Desai asked if the road south of the Outback and US Bank would be restricted to be used as a service road for delivery trucks? He drove there today and noticed it was a narrow road and doesn't appear to be wide enough to have two drive lanes. Mr. Schuette said it is their intent to have the roadway available for deliveries and for customers. He said the road is fairly wide and he thinks it is a 24-foot wide roadway. Mr. Schuette said DQ Grill and Chill has a serious interest in being in this location and would like to be part of the Maplewood community. They would build a nice restaurant and would be a welcome neighbor. The issue here is the zoning. By its terms it is not the right zoning for this proposal because they are not adjacent to residential property. Now that this area is developed to the point that it is to meet the modified zoning, he thinks it is more appropriate in this commercial center to have commercial zoning. Beam Avenue was heavily assessed and was built to carry the traffic and was planned for this. They are just trying to meet the demand for who wants to be in this location. Chairperson Fischer asked if anybody else wanted to address the commission regarding this proposal? Mr. Jon Brandt, 2831 Southlawn Drive, Maplewood, addressed the commission. Mr. Brandt is a Maplewood resident who lives behind the proposed DQ Grill and Chill restaurant and sent in a letter with his comments and concerns, which he read aloud. His letter is shown on page 16 in the staff report. Commissioner Mueller asked Mr. Brandt if he is the one who is building the future townhome development on the property marked R3-C in the staff report west of the proposed DQ Grill and Chill or does he have plans for the townhomes to be built by somebody else? Mr. Brandt said he is going to be the general contractor for the future townhome development and has already had discussions with community development and public works staff for possible building to begin this summer 2004. Commissioner Bartol said he is very sympathetic with Mr. Brandt's concerns. He said if no zoning changes were made another restaurant similar to the Outback Restaurant could go in that location that could create similar adverse effects that he is already experiencing or another bank could go in there as well. It seems to him that the problems that already exist with the bank and restaurant would also occur with the DQ Grill and Chill and he wanted to know from Mr. Brandt what would change having the DQ restaurant built there? Mr. Brandt said having the DQ built would only add to the already existing problems that are occurring. They recognized and accepted that there would be some commercial burden to buy residential property adjacent to commercial property. He is hoping the city will limit the commercial burden the nearby residents have to bare. If there is development on that property his hope is there would be other uses on that property such as restaurants without a drive thru, businesses that are not open on the weekends or late nights, and other businesses that fall under the BC-M zoning. The traffic flow through the commercial alleyway is something the residents never anticipated. At first they thought the alleyway would be used for deliveries to the Outback Restaurant and then US Bank came in and the residents started realizing that all the traffic from the bank would be exiting through the alleyway past their homes. Because it was a permitted use at the time objecting would not have changed a thing. The additional traffic and noise impacts that would result from an additional drive thru restaurant such as the DQ Grill and Chill would be an unacceptable commercial burden on the residential properties. Commissioner Bartol said if a drive thru restaurant is not built there another restaurant could be built there and you would still have increased delivery noise in the morning and parking lot noise in the evening as well as more traffic. Mr. Brandt said they don't have a choice regarding that, the property will be developed and the residents accepted that when they bought the residential property. The problem is if a drive thru restaurant such as DQ Grill and Chill is built in this location the traffic will exit through the alleyway and onto Southlawn Drive instead of out onto Beam Avenue. Commissioner Mueller asked Mr. Brandt what he meant by his statement "a commercial development may diminish the value of my residential property?" He asked if Mr. Brandt meant that having the DQ Grill and Chill in that location would diminish the value of his home or would it diminish the future value of the townhome development property? Mr. Brandt said his home is adjacent to the Outback Restaurant and it would diminish the value of both his home and the future townhome property. Commissioner Mueller said the planning commission is reviewing this to decide if they should change the zoning to allow for a drive thru window and speaker box. If the commission doesn't make any changes another restaurant or bank could be built in that location. Mr. Brandt said he hopes the city controls the layout of this site for whatever gets developed in this location to help with the traffic flow with any future developments. He wouldn't mind if DQ Grill and Chill was moved closer to the Ramsey County Library away from the residential homes. He is not objecting to a DQ restaurant being in the area, he is objecting to having the commercial impacts so close to the residential homes. Chairperson Fischer asked anyone else in the audience to come forward if they would like to address the commission. Mr. Will Rossbach, Maplewood City Councilmember and Maplewood resident, 1386 County Road C East, Maplewood, addressed the commission. Mr. Rossbach said Mr. Brandt telephoned him regarding the protocol of the meeting and he decided to stop in to hear this evening's discussion. He asked planning commissioners to ask themselves what is it that has changed from when the city put this zoning into place originally to remove the zoning that was already put in place? When the BC-M zoning was put in place the idea was to protect the residential areas from commercial encroachment and being a burden to current residential areas or areas that are planned residential. He asked the commissioners to consider that statement in their decision making process for this item as well as considering the comments made by the resident. Regardless of what development goes in this location, there is an issue that nobody foresaw and that is that an alleyway behind the businesses has become a thoroughfare and that was not intended and should be addressed. He said he had asked staff for information on the bigger question of traffic in the Maplewood Mall area, but he has not received anything as of yet. The Legacy Village area has been patterned off of pedestrian friendly neighborhoods and areas requiring less vehicular use. A restaurant that has a drive thru window attracts more vehicular traffic then a restaurant without a drive thru. He would question whether that is the right move. He is concerned about the zoning being changed from BC-M to BC because of what "could" be built on the remainder of land. Before he makes his decision as a member of the city council he will get information regarding the traffic generation from the different types of use that "could" occur in this location. He thinks the way the code reads the drive thru at US Bank was an oversight and should be changed. Nobody thought of the noise that could occur from a drive thru at a bank and the impact from it on residential property this distance away. Commissioner Bartol said he would agree with almost everything Mr. Rossbach said. His comment is the potential alleyway traffic problem is not going to change no matter what gets built on this land. Mr. Rossbach said the problem with the alleyway could be changed. There is nothing that says that you have to continue to create an additional burden beyond what is already there. Any piece of property can be laid out to funnel traffic out of the area the direction you want. Commissioner Bartol said however, that is a design decision and not a zoning issue. He said relative to current design issues the city has an alleyway problem. Mr. Rossbach said correct. Commissioner Mueller asked what the hours of operation are for the DQ Grill and Chill? Mr. Roberts guessed 6:00 a.m. since they will be serving breakfast and open until maybe 10:00 or 11:00 p.m. Commissioner Mueller said it sounds like it would operate like a Burger King or McDonald's. Commissioner Pearson said he would not support this plan because he doesn't like the traffic flow and it would complicate the use of the alleyway that was not intended. He thinks there should be some type of barriers to change the traffic flow from the US Bank. He does not think the alleyway was intended to be a main thoroughfare for the customers exiting the bank. This is an opportunity for the city if they are going to go forward with this project to change the traffic flow and the use of the alleyway that is occurring on the backside of the property. If you move forward with this project the way the traffic flow is proposed it will only make the problem worse. Chairperson Fischer asked staff if the US Bank proposal had been reviewed by the Planning Commission or only by the CDRB? Mr. Roberts said the planning commission did not review this project because the proper zoning was already in place and the CDRB reviewed it for the design issues. Commissioner Mueller said he agrees with Commissioner Pearson's comments and he is concerned about the traffic, alleyway and the noise. He is also concerned about changing the zoning from BC-M to BC and what would happen with the remaining land. He understands DQ Grill and Chill is excited to be a part of the area and wants the city to give a little leeway. If DQ really wants to be part of Maplewood they may be willing to change a little as well to fit the zoning that is in place already. Commissioner Desai said he understands the request by other commissioners to move the building closer to the Ramsey County Library but he still has a concern with the traffic routed through the parking lot to the alleyway causing more problems for the residents. Mr. Brandt's comments are well taken and he believes there will be a lot of traffic from the DQ Grill and Chill. Young drivers will be using the drive thru and exiting the alleyway at all hours of the day and night and this is a concern for him. Unless DQ Grill and Chill can revise the traffic flow onto Beam Avenue it is not a viable proposal for him. Commissioner Trippler said he likes Dairy Queen but he doesn't like where the proposed DQ Grill and Chill is planned. If the building were moved next to the library and if the traffic were rerouted onto Beam Avenue he would be supportive to change the zoning for only that parcel. He doesn't feel comfortable changing the BC-M zoning to BC on this parcel or the parcel next to it because it is too close to the residential properties. He would recommend that the city council take a look at the BC-M zoning code to correct the problem with the drive up teller windows at banks. He doesn't know how that category was missed in the review process. He spent some time watching the traffic in that area today. Every car that exited from the drive thru window drove behind the Outback Restaurant in the alleyway and exited onto Southlawn Drive. There is hardly a car that can make the turn from the drive thru out into the parking lot and onto Beam Avenue. Therefore, he cannot support this plan. Commissioner Dierich said she does not support this proposal either. She believes there are other areas that DQ Grill and Chill could be located in Maplewood such as across the street or in the Legacy Village area rather than this particular site. The Legacy Village area will have senior citizens, families and children that could walk to the DQ and that would be a convenient location for them. The owner of the property is not being very realistic since the alley cannot go through the wetland buffer area because the wetland is already adjacent to or into the parking lot there is noway it can go that far. She would agree with the other commissioners that DQ would be better placed next to the library and the traffic flow should exit out onto Beam Avenue. She would like to see Dairy Queen here and she would like to be able to work with both the developer and DQ Grill and Chill but she does not believe this proposal is where it should be built. Commissioner Pearson moved to a deny the land use plan change resolution starting on page 24 of the staff report. This resolution changes the comprehensive land use plan map for the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). (Changes to the recommendations are stricken and the new recommendations are in bold.) Commissioner Pearson moved to a deny the zoning map change resolution on page 26 of the staff report. This resolution changes the zoning map for the vacant property on the south side of Beam Avenue between the US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). (Changes to the recommendations are stricken and the new recommendations are in bold.) Commissioner Bartol seconded. Ayes -Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 26, 2004. Chairperson Fischer said she would be comfortable with this proposal if the DQ moved next to the library with the open space behind it and away from the residential properties. The reasons for the denial were the planned use did not meet the BC-M requirement, and intensity too near existing and planned housing. AGENDA ITEM I-1 TO: City Manager AGENDA REPORT FROM: Charles Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer 1 SUBJECT: Hazelwood/County Road C Area Street Improvements, Project 03-18 Resolution Receiving Bids and Awarding Construction Contract DATE: April 16, 2004 Introduction Final plans and specifications for the Hazelwood/County Road C Area Street Improvements were approved by the city council on March 22, 2004, and authorization was given to advertise for bids. Those bids were received and opened on Friday, April 16, 2004. Background The bids were received and publicly read aloud at 10:00 a.m., on Friday, May 2, 2003. The following six bids were received: 1. T.A. Schifsky & Sons 2. Arnt Construction Co. Inc. 3. F.M. Frattalone Exc. & Grading 4. Forest Lake Contracting 5. Hard rives 5. Midwest Asphalt Bid A = $1,540,072.23 Bid A = $1,720,045.58 Bid A = $1,822,297.10 Bid A = $1,857,896.05 Bid A = $1,889,369.40 Bid A = $1,911,214.30 Bid B = $1,575,955.78 Bid B = $1,756,017.98 Bid B = $1,848,395.10 Bid B = $1,884,463.30 Bid B = $1,930,737.50 Bid B = $1,952,722.10 All bids have been checked and tabulated. The engineer's estimate for the project was $$1,760,886.50. The low bid from T.A. Schifsky and Sons, Inc. of $1,540,072.23 is 13% less than the engineer's estimate. Two alternates were bid under this project: Bid A included High Density Polyethylene Pipe (H.D.P.E.) for the storm sewer and Bid B included concrete pipe for the storm sewer. Both materials are acceptable for storm sewer construction. It is proposed to award Bid A for the H.D.P.E. storm sewer pipe since it is the less expensive of the two options. Discussion T.A. Schifsky and Sons, Inc. has worked on several projects in Maplewood in the past. The previous two projects included County Road D and Kennard/Frost Area Street Improvements in 2003. Both projects were satisfactorily completed. This is the third year that T.A. Schifsky and Sons has been under new management. Staff expects that they will be able to perform to the project schedule and contract specifications. Recommendation It is recommended that the city council approve the attached resolution accepting the bids and awarding the contract to T.A. Schifsky and Sons, Inc. in the amount of $1,540,072.23. Budget Impact There would be no impact to the approved budget based on the above recommendation. The bid falls within the approved project budget and estimated construction cost established in the feasibility study. JW Attachments: Resolution Location Map RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc. in the amount of $1,540,072.23 is the lowest responsible bid for the construction of Hazlewood/County Road C Area Street Improvements, City Project 03-18, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. ;rx .~ ~. - r... .. ~ AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Erin Laberee, Civil Engineer 1 AGENDA ITEM I-2 SUBJECT: Kennard Street/Legacy Parl~vay Landscaping Improvements, City Project 03-04 Resolution Receiving Bids and Awarding Construction Contract DATE: April 19, 2004 Introduction Final plans and specifications for Kennard Street/Legacy Parl~vay Landscaping Improvements were approved by the city council on March 22, 2004, and authorization was given to advertise for bids. Those bids were received and opened on Friday, April 16~', 2004. Background The bids were received and publicly read aloud at 10:00 a.m., Friday, April 16, 2004. The following six bids were received: 1. Noble Landscape & Garden Ctr. $219,877.96 2. Hoffman & McNamara Co. $232,365.40 3. Forest Lake Contracting $233,873.22 4. Woyda & Mortel, Inc. $270,272.10 5. Ryan Contracting $276,464.50 6. Environmental Assoc. Inc. $364,117.00 All bids have been checked and tabulated. The engineer's estimate for this project was $359,928.00. The low bid from Noble Landscape & Garden Ctr. of $219,877.96 is 39% less than the engineer's estimate. The landscape work is not planned to take place until this fall, however, the work was bid now to obtain good bids, as the landscapers are able to reserve landscape material early in the season at lower prices, thus passing the savings on to the project. Attached is the letter from the city's Consultant, SEH with recommendation of award. Discussion Noble Landscape & Garden Ctr. has sufficient qualifications and an adequate understanding of the project to perform the construction required for the project improvements. They also have the financial ability to complete the project as bid. Recommendation It is recommended that the city council approve the attached resolution accepting the bids and awarding a construction contract to Noble Landscape & Garden Ctr. in the amount of $219,877.96. Jam' Attachment: Resolution EML Recommendation of Award Letter from SEH Location Map RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on March 22, 2004 plans and specifications for the Kennard Street/Legacy Parl~vay Landscaping Improvements have been approved, and WHEREAS, pursuant to resolution passed by the city council on March 22, 2004, bids were received and publicly opened and read aloud on April 16, 2004 as follows: 1. Noble Landscape & Garden Ctr. $219,877.96 2. Hoffman & McNamara Co. $232,365.40 3. Forest Lake Contracting $233,873.22 4. Woyda & Mortel, Inc. $270,272.10 5. Ryan Contracting $276,464.50 6. Environmental Assoc. Inc. $364,117.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: Said bids as opened on April 16, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $219,877.96 is hereby awarded to the lowest responsible bidder, Noble Landscape & Garden Ctr. and the mayor and city manager are hereby authorized to execute said construction contract. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. CITY OF MAPLEWOOD, MINNESOTA CONSTRUCTION PLANS FOR LANDSCAPING, PAVING, LIGHTING CONDUIT, AND IRRIGATION KENNARD STREET IMPROVEMENTS KENNARD STREET -LEGACY PARKWAY FROM BEAM AVENUE TO COUNTY ROAD D CITY PROJECT NO. 03-04 BEGIN LEGACY PARKWAY STA. 0+00.00 13&142-01 11 3-142-01 l 1~ BUERKLE Pk - MDNn AVE. a HDNN Ci. C ~ ~R / P~ O U e /~( P I` BUE ~e, K- a UtR, _ HUERKLE q a a L ~t^/ENO R- ~ Hit ~~ gfF k C / 1 I r 69S ~ 0 ~___ I CUUNiv AD U i9 ~~ ~ w0U-LYN I ' `~ ~ ~ / I WI II I ~ I ~ I ~ G LY OIA NI '~isU'"~~ J Q~f =a Z~ ST. JDH 'S - ~ 2T ~E-Uy c Rrvlry r IE (~ 9H, U+H ~1 l c 1 !~~ + BLV-. `1 _ ~ ° / \ 19 An i O BE LT ~ B ERN ~ P„E % ' ~' ' ~_ G ~ ° 3 ~6A12 ESn81 ® I «~ < ~i l~~~QS ~m ~. KOHi_MFN A l 4 VE. 1 ~@ z e~ N w F 1 ~j I r / b{ ~ to / - way ~l~ ~ , ~~ / ,. ~ <I 4i, ~ zoac N ® ~, l H1LL~ ~I ~ I L { L ii I ri, I N 3 i ~y~ NOTE: THE EXACT LOCATION OF UNDERGROUND UTILITIES SUCH AS GAS, TELEPHONE, FIHEROPTIC, ELECTRIC, CABLE N, AND PIPE LINES ARE UNKNOWN. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL BEFORE COi.1MENCING EXCAVATION. END LEGACY PARKWAY ~ STA. 5+26.52 ^r ~ ~ ~ = 20~0~ PROJECT LOCATION Y e GOPHER STATE ONE CALL SYSTEf/_...1-800-252-1106 SEH "Recommendation of Award" April l9, 2004 RE: City of Maplewood Kennard Street Improvements Kennard Street -Legacy Parkway Landscaping, Paving, Lighting Conduit, and Irrigation City Project No. 03-04 SEH No. A-MAPLE0304.01 Mc Charles Ahl, PE Director of Public Works/City Engineer City of Maplewood 1902 County Road B E Maplewood, MN 55109 Dear Ahl: On April 16, 2004, at ]0 a.m., six (6) bids were received for the above referenced project. The bids ranged from a high of $364,117.00 to a low of $219,877.95 for the Base Bid, which specified Concrete Unit Pavers to be used for the median treatment. The bids ranged from a high bid of $388,117.00 to a low bid of $238,597.96 for Bid Alternate A -Integral Colored Cast in Place Stamped Concrete. The bids ranged from a high bid of $358,1 ].7.00 to a low bid of $202,117.96 for Bid Alternate B -Plain Concrete. The low bidder for all bid schedules was submitted by Noble Nursery Retail, Inc., 8659 Central Avenue, Blaine, Minnesota. The bid tabulation is attached to this letter. We have investigated the qualifications of Noble Nursery Retail, Inc., and find that they (I) have a sufficient understanding of the project and equipment to perform the constmc[ion for which they bid; and (2) according to their bonding agent they presently have the financial ability to complete the project as bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly, we recommend the project be awarded to the low bidder, Noble Nursery Retail, Inc., in the amount of $2]9,877.96 for the base bid which includes the Concrete Unit Paver Median Treatment. If you have any questions, please call me at 612.758.6715 or Veronica Anderson at 612.758.6716. Sincerely, SHORT ELLIOTT HENDRICKSON INC Bob Kost, ASLA, AI Director of Urban Design, Project Manager al c: Leo Vander Brook Steve Heth, SEH Veronica Anderson, Project Designer, SEH u_~m~maviz~m~uin~-~ug~~szs~ ~r~.~ sp,~~ ~ ua~a~a swam w~<re«~ Short Elliott Hendrickson Inc., Buller Square Building, Suite 710C. 100 North 6th Street. Min nenpolls. MN 55403-IS I S SEH is an equal opportunity employer www.sehinc.com 612,758.6700 866-830.3388 612.758.6701 fax Agenda # K-1 Memorandum TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 2l, 2004 RE: Intoxicating Liquor License/Change of Owner -Chalet Lounge Introduction Matthew Kielas has submitted an application for an intoxicating and Sunday liquor license for The Chalet Lounge located at 1820 Rice Street. Mr. Kielas is purchasing The Chalet with his brother Peter Kielas and will own 50% of the business. Background Mr. Kielas was born and raised in the City of Minneapolis and has lived at his current residence for eight years. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Kielas. 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 Cities of Minneapolis and St. Paul, and Ramsey and Hennepin Counties. There was nothing found that would prohibit Mr. Kielas 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-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Review of Minnesota Department of Transportation Projects -Presentation by Frank Pafko, MnDOT Regional Manager DATE: April 20, 2004 Introduction A number of projects by the Minnesota Department of Transportation will be impacting Maplewood during the next 1-4 years. Frank Pafko, MnDOT's Regional Manager for the Northeast Metro Area will be in attendance at the meeting to present information on a number of projects. No action on this item is required. Background The projects that will be addressed by Mr. Pafko are listed below with a brief description: Southern Maplewood continues to see progress on the Wakota Bridge - TH 61 improvement project. The Bailey Road Bridge over Interstate 494 has been reopened during the fall of 2003. This is the first portion of the major construction project that will continue until late 2006 or early 2007. Interstate 94 between Ruth Street in St. Paul and Century Avenue in Maplewood will see a major upgrade beginning in late 2004. A third travel lane in each direction on the freeway past the 3M Campus will be added to this roadway. Design details are still being resolved and this project may be delay into a 2005 construction start. Major delays in this corridor can be expected in 2005. Trunk Highway 36 will see lane closures and local delays during the summer of 2004 as MnDOT provides bridge painting and signage upgrades from Roseville to Stillwater. The major project by MnDOT called "Unweave the Weave" will begin in Summer 2004 with the replacement of the Edgerton Street Bridge over the common segment of Interstate 694 and Interstate 35E. This will begin a 3 - 4 year construction process that is not anticipated to be completed until 2007 that will have major impacts to the traveling public for this time period. Major construction on the Interstate system will not begin until 2005 and into 2006, but local improvements planning for the detour systems, will begin in 2004 and 2005. Interstate 35E has begun construction repair projects on bridges between Maryland Street and downtown St. Paul. Further updates on these improvements can be found at MnDOT's website at www.dot.state.mn.us and click on 2004 Construction projects. Jw Agenda K3 MEMORANDU TO: Richard Fursman, Ci n er FROM: Bruce K. Anderson, or of d R creation DATE: April 13, 2004 for the Ap 6, Ci until Meeting SUBJECT: Legacy Sculpture Park Introduction Legacy Village is a mixed-use development consisting of a combination of rental townhomes, owner-occupied townhomes, senior assisted living building, and commercial/industrial property. The site also includes two public park areas that are linked by sidewalks, trails and several ponding areas which will provide active and passive recreation for the project. Hartford Development dedicated a 10-acre site for a park and stormwater holding pond in the southeast comer of the property, north of Birch Run Station and east of Southlawn Avenue. The open space/park area will still be utilized as a ponding area, but staff has been working with the city engineering department and landscape architect firms to develop a passive park including a sculpture garden as part of the proposed improvements. Background Legacy Village development has been in the planning stages for the past three years. The final plat was approved the last week of December by the city council. Construction of roadways and infrastructure the first residential development commenced in late December. The parks and recreation commission and staff position on park development within the Legacy development has been to pursue cash dedication. This decision was based on the fact that each of the intemal developments was going to meet their own individual recreational needs and a major athletic park and a neighborhood park did not fit well into the overall development scheme. Hazelwood Park, located just south of Birch Run Station and east of Southlawn Avenue, provides neighborhood park needs. The concept for Legacy Village sculpture park is to develop an intemal trail system, floating boardwalk and rest areas, while still maintaining the integrity of the wetlands and proposed stormwater holding ponds. Significant reconfiguration of stormwater holding ponds and the use of culverts and weir structures has allowed us the opportunity to develop a trail system along the high ground area and still preserve some of the existing trees. Enclosed are four renderings including a master plan, arbor area enlargement plan, and two views of the arbor area to provide you graphics of how the site will come together. The proposed cost for the project is $450,000. I have enclosed a detailed cost estimate for your consideration. Funding for the Legacy Village sculpture park is proposed to come from the sale of a tax abatement bond that will be considered by the city council in June 2004. Representatives from Hartford Development have been extremely supportive of the proposed sculpture park and see it as an integral part of marketing the Legacy Village development. The sculpture park would serve as a center focal piece for not only the residential properties, but also the commercial and restaurant sites as well. Legacy Village sculpture park was reviewed by the planning commission, design review board, and parks and recreation commission. Each of these respective boards has adopted the plan unanimously recognizing the role of a passive sculpture garden within the context of the Legacy development project. Recommendation Staff recommends that the city council approve the concept of developing Legacy Village sculpture park pending final approval of the financing based on the sale of a tax increment bond that will be presented by finance director Faust at the June council meeting. khUegacy village park4.park-open space.mem Enclosures 2 o w _~ o ..._ _.. -3M2K]-wMd~FFl ROS C cv >~ S F~ m __.___ _____ S- ~5• ~ l_ J II ~ °a _ 9~ ~ ~~ ~ ~. ~~~g~~ - _ ~ ~R ~I i ~ ~v~ ~p~~n~ _ - g ~ ~ ~ ~F LL ~ _' o ~ o \ ~ . ~ ~~~ 3 ~. ~~~ ~~ o x~a ~~~a ~ d $; ~~~ t~ ~ ~ I ~ I a ', f i _ ~ ~~ t ; ~~~~` ~ a ~~~ ~ ~~~~ z .~ ~ . z, ~ pM ~~a ~ ~ ~~ ~ ~ ~ '~ S a ' I ~ rn a I ~~ __._-- _ a ---- ^-"~ _ - ° I 9~ i N ~"8 i= w pl: ; "ii I w v < ~~ I ~ ~ ~ h ,i ^~II i8 `~ii' tlD~ I ,~~ ~ ~ - I -~ o ~I o J I ~ c~ -- -- `~~ c ~-- ,` ~ r I C~ I ~ I ~ ~~ I ~ ~ bA -L crt ~,---~ _ \ ~~ '15 I ~_ 400M13ZdH ~ \ \\ ` `\\ y~~~ SIN 0. ~~ M F P4 __ O ~.~~_ Y ~ ~~ W U5 ~ p~ ~ ~ < ; ~ ~ ~ ~4 Ce~~a I L ~NIQII-B 9N( ~ ° a ;i? `~ ~ `~ °aK ° ~ ~ ~ ~~ L cif ;S U ~ o E o 0 0 0 ~~~~~ -~-~"--`'~-- ~ ,~~ ~"O 0.i ~ O ~I a~ a ~ i3 a i_ ~ ~ ~ ~ ~ ~~ ~ I ~ ~~ ~_ a ^ ~t ~~ L . ~=~_ 1_ ~ ~ '~ rte" Y~ ~ ~ ~~~ { _ ,-fi- ~ ~ ..... o oz z ( } ~ ~ ( ~ N ~~ -- O fUl1 \ ~ __ _~ ~ - ~ ~ ~ ~ ` I ~` z ~-~ a ~~ ,1. ~ ~i ~ ~i ~ r ~~ ~ ~ W ~ ~ I _._ ___ \ J'/ \ \ ~I ! f l t` t.. ~ ~ _ fir' / t - ~ r ~ ~ / ly __ j i l ~ II _ ~ ~-~ / ~ _ ~ l ~) I n - a, ~;_ j- ~.~ ,,,~. ~~ (' ,, ~ ~ r ~~, _ y ~ ~. ~ ~ C _ '. J ~; ,., Y~'~., ~ ~ J` ~ - ~' ~ / o N y ti W ~ r- r ~ e _ - / ~~ o 1 ~'~~ -~,~ - ~ ~- Y L ~ ~: i "~ ?i, 1 -, ~ - t - ~ ~ ~~~'~ ts' ' r ~ ~ - ' ~ I ~' ~~~ ~,, ,~~ ~ 1~ vi ~ ~ , , ~ - - F. ~ ,~„-„-,, ~~ - - - ~ ~~~ ~ - _- __ y _- ,i ,. --_ ----- - ---- ----- _- _ . _____ _ -- --_--~ =~ _ > ~'"" ._ --_ -~ 5 Wdi4~LL - £OOL X80 ~a9uuida5 6n"P'£081HX3 A~V931\51181HX3~AMN21d A~V93l~PooMaldoy~;o ~li~\:~ Legacy Village Park Site Improvements B&AProj.#03-32 Master Plan Cost Estimate (10-27-03) Description of Work Cost 1 General Sitework -Budget (does not include work related to ponds) Includes mobilization, staking, general removals, earthwork & erosion control $45,000.00 2 Additional parking -asphalt and curb & gutter (8 spaces) $3,500.00 3 Walls (arbor area) $36,000.00 4 Ornamental fencing /railing $15,750.00 5 Pedestrian footbridge $22,750.00 6 Ornamental fountain (within ponding area) $1,500.00 7 Conc. sidewalks/pavement within park (arbor area) $15,250.00 8 Conc. sidewalks within ROW $750.00 9 Asphalt trails within park $32,250.00 10 Asphalt trails within ROW $8,500.00 11 Floating Boardwalk $37,500.00 12 Restoration seeding with native grasses -within altered areas $10,000.00 13 Plantings -within park $55,000.00 14 Blvd. Plantings and seed/sod -within ROW and along adjacent arkin areas $24,500.00 15 Miscellaneous Site Amenities $18,750.00 16 Arbor structure $65,000.00 17 18 19 20 Estimated Master Plan Development Subtotal: 1 59~ Fees (Design /Observation /Surveying /Testing) 392,000.00 58,800.00 Estimated Master Plan Development Total: 450,800.00 Brauer & Associates, Ltd. Agenda K4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: April 14, 2004 for the April 26, 2004 City Council Meeting SUBJECT: Joy Park Neighborhood Preserve Master Plan Introduction Joy Park is a 63-acre community park located in the northeast corner of Maplewood at the intersection of Joy Road and Century Avenue. Joy Park is arguably the premiere natural resource within the city's park system. Joy Park was formally deeded to the city by Ramsey County in 1998 as part of a land swap/negotiation process along with five other county properties. During the past year the Maplewood Parks and Recreation Commission has hosted four public meetings to review and discuss development of a master plan for Joy Park. The park planning process was extremely successful and involved representation from the cities of North St. Paul, Oakdale, and Maplewood. The Parks and Recreation Commission completed the park planning process in mid November and adopted the enclosed master plan for Joy Park on November 17. Following the Joy Park master plan, staff developed an implementation plan that was approved by the Parks and Recreation Commission on January 12. Background Joy Park has played a key role in the history of the Maplewood Parks and Recreation Department. There are generations of Maplewood children who attended Camp Silver Maple at Joy Park throughout the 1960s, 1970s and 1980s. Joy Park is located on the north shore of Silver Lake and has a public boat access and experiences a great deal of shoreline fishing. During the past 20 years, Joy Park has deteriorated and the city park department has dealt with a number of social issues in cooperation with the Maplewood police department. The time has come for development, restoration and renovation for Joy Park. Joy Park is actually two parks in one. The 40-acre neighborhood park preserve located north of Joy Road has a different set of objectives and plays a different role, as contrasted to the 23-acre active lakeshore on the south side of Joy Road. The proposed master plan proposes primarily a passive park with an internal trail system, picnicking, creative play area, new boat launch, renovation of the nature areas, establishment of a wildflower sanctuary on the southeast corner, and a permanent fishing pier as well as shoreline fishing opportunities. The Capital Improvement Plan proposes a $1 million improvement in 2008 for major renovation of the park. In 2007, the picnic shelters are proposed to be constructed and pending council approval of the master plan, the trail corridor on the south side of Joy Road will be constructed from Century Avenue to Lydia Avenue in 2004. All funding is proposed through the park development fund. Recommendation Staff recommends that the city council adopt the Joy Park master plan as presented, along with the proposed implementation plan with the understanding that development will be considered by the city council on a phasing basis as part of the Capital Improvement Plan within the next five years. kh\joy park master plan. joy park.parks-openspace.mem 2 AGENDA ITEM K-5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Dennis Peck, Senior Engineering Technician Chris Cavett, Assistant City Engineer SUBJECT: Carlton Street Improvements, Project 03-22 Assessment Objection Recommendations DATE: April 15, 2004 Introduction The city has received two written objections to the proposed assessments for the Carlton Street Improvement: 1. PIN 362922120006 Donal G. Kimble and V. Lynette Kimble 679 Ferndale St N, Maplewood, MN 55119-4149. Owner claims that there is no benefit to this property for the Carlton Street improvement and it is thus unusual and unfair discrimination against the owner. 2. PIN362922130017 Kinderberry Hill Child Development Center, 586 Carlton Street, as tenant representative for Capitol City Investment, 246 Albert St. S, St Paul, MN. Background The city has determined that Carlton Street between Minnehaha Ave on the north and Conway Ave. on the south is sufficiently in need of repair as to warrant the construction of Improvement 03-22. The project is feasible, necessary and cost-effective. Discussion for Objection #1: Donal G. and V. Lynette Kimble object for the following reasons: "There is no benefit to the property, even though you have offered a deferment, there is still an assessment against the property." The owners of 679 Ferndale, Lot 7, Block 1 of Minty Acres reside in a single family dwelling that fronts on Ferndale Street. The rear of the parcel abuts Carlton Street. The parcel dimensions are 460.87' X 80'. The existing home front set back is approximately 30' from the Ferndale Street ROW. There is approximately 225 feet between the most westerly structure (garage) and the Carton ROW line. The parcel is zoned Residential Light (R-1) and is easily accessed from Carlton Street. It could be readily sub-divided for development. There are no significant surface topographical conditions and the drainage appears to be normal. The payment of the assessment for this property is only conditional upon subdividing and/or development of this parcel. The city has granted this parcel a 15-year conditional deferment, which will expire 15 years after adoption. Site development during the 15-year period would terminate the deferment. The deferment was recommended based on other property owners' claims that the parcels could be developed due to bad soils and would never be sub-divided, changed or improved. The owners were notified in writing as to all conditions pertaining to this deferment at the time of Assessment Hearing notification. Recommendation #1 It is recommended that no action be taken to revise this assessment to PIN 362922120006, Donal G. Kimble and V. Lynette Kimble 679 Ferndale St N. Carlton Street would provide direct access and benefit to this property if it were to develop. It is reasonable to expect that this property will develop, therefore development of this property will ultimately determine the property's benefit. The deferment will provide ample protection and conditions to satisfy the needs of both the owner and the city. Discussion for Objection #2: The tenant, Kinderberry Hill Child Development Centers, 586 Carlton Street N. Lot 1, Block 2, Carlton Park leases the building from the owner, (Capitol City Investment). They have been authorized to speak for the owner in this matter. The property is presently being used as a child day care center. The tenant states that the condition of the existing street is very adequate for the needs of the day care center and that the assessment amount unfairly exceeds the benefit to the property. The tenant feels that the deterioration of Carlton Street is in noway fault of the daily business of the care center. Also, the project will impact and interfere with the day care centers business. The day care center building site is zoned Commercial (M1) and an Estimated Market Value of $1,107,200.00. The assessment against this property was determined as commercial property without regard to value or use. The method of assessment and rates used has been consistent with the city's pavement management policy and all other commercial properties assessed under this project, other current projects and past projects. In 2002, a daycare center on the County Road D project was assessed the same based on this policy. Benefit of such improvements is to the property itself; unfortunately lease agreements often obligate the leasing tenant to pay any assessment payments due during their lease period. Though unfortunate to Kinderberry Hill Child Development Centers, this seems to be more of a legal issue between Kinderberry Hill Child Development Centers and the property owner. The first three year's of annual payments for the $43,706 assessment levied over 15-years at 5%, have been estimated at: $6250, $4950 and $4800 respectively. Recommendation for #2: It is recommended that no action be taken to revise this assessment to PIN 362922130017, Kinderberry Hill Child Development Center, 586 Carlton Street, (tenant representative for Capitol City Investment, 246 Albert St. S, St Paul, MN), as assessments against this property were determined as commercial property consistent with the city's pavement management policy and assessments to other commercial properties on other projects throughout the city. Action Required It is recommended that the city council deny both objections and allow the assessments to stand as proposed. DLP/CMC Attachments: Objection #1, Letter from Donal G & V. Lynette Kimble Objection #2, Letters from Kinderberry Hill Child Development Centers Copy of Deferment conditions letter Location Map a~ -~ .f- . - - ~'G _ ,~: NOTICE OF ASSESSMENT DEFERMENT CITY OF MAPLEWOOD Public Improvement 03-22 CARLTON STREET RECONSTRUCTION Pursuant to the decision made by the Maplewood City Council at the Public Improvement 03-22 Hearing on November 10, 2003, the following parcels are to be granted an administrative deferment of assessment, subject to the following conditions and terms. 1) The assessment deferment shall commence upon ratification by the Maplewood City Council and shall be certified to the Ramsey County Department of Taxation and Revenue for placement upon the parcel's tax record. 2) The assessment deferment shall last for a period of 15 years from the date of Assessment Roll ratification by the city council. Said deferment shall expire of its own term if not called to satisfaction prior to the 15 year expiration date. 3) The assessment deferment shall not be subject to any applied interest rate during the life of the assessment. 4) The assessment deferment shall become due in total at such time as the property is sold or title is transferred to other parties for purposes of development excepting change of owner to the then legal spouse of the existing owner. 5) The assessment shall become due in total at such time as the property is divided, sub- divided, combined or platted for development. 6) No building permit for any permanent residential or commercial structure or site grading and improvement within 150 feet of Carlton Street will be granted by the City of Maplewood until all aspects of the deferment are satisfied. Future street improvement on Minnehaha Avenue is not subject to this deferment agreement. LIST OF DEFERED PARCELS PIN ADDRESS NAME OF OWNER Amount Deferred 362922120005 687 Ferndale St N Bernard P MEHR $4,970.00 362922120006 679 Ferndale St N Donald G KIMBLE $4,970.00 362922120040 671 Ferndale St N David T GODBOUT $4,970.00 362922120041 665 Ferndale St N James A HOLM $4,970.00 362922120042 657 Ferndale St N Harold L PEARL $4,970.00 362922120043 649 Ferndale St N Phyllis H SCHWARTZ $4,970.00 The following parcel is appended to the original listing of parcels above on 3/24/04 362922120019 2550 Minnehaha Ave E Joseph C LINDBECK $4,970.00 Questions concerning this conditional deferment may be directed to the City of Maplewood, Department of Public Works, office of the City Engineer. 651-249-2401 Attention -Dennis Peck Location Map Carlton Street, Project 03-22 AGENDA ITEM K-6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Hazelwood Street Improvements (County Road C to Beam Avenue), City Project 01-16 -Resolution Approving Appeal Agreement with Ronald and Phylis Erickson at 2699 Hazelwood Street DATE: April 20, 2004 Introduction The Hazelwood Street Improvement project was constructed in 2003. As part of that project assessments were levied against all fronting properties. One property owner, Ronald and Phylis Erickson at 2699 Hazelwood Street, appealed the determination of a second assessment against a vacant parcel that he owns. An agreement has been negotiated with Mr. and Mrs. Erickson that will allow this appeal to be dismissed from District Court. Background The assessment against the property at 2699 Hazelwood was as follows: Street Units: 2 parcels @ $4,200 each = $ 8,400.00 Storm Sewer: 2 parcels @ $660.00 each = $ 1,320.00 Sewer Service: 1 extended to new lot = $ 1,925.00 TOTAL $11,645.00 The Erickson's objected to the entire assessment amount, claiming that the project did not provide any benefit to their property. The Erickson's basis for this claim was from a number of realtors who provided him with an opinion that a new street does not increase the value of the property. Mr. Erickson also talked to the City's contractor and estimated that the City did not incur the entire $1,925.00 for his sewer service. The City countered that the basis for assessments to property is based upon a uniform application of cost sharing. Additionally, the City hired a real estate appraiser to conduct a before and after review of the property. The city-hired appraiser concluded that the property increased in value at an estimated amount of $25,000. The City Council denied the Erickson objection. The Erickson's filed an appeal in District Court. The City Attorney and the Public Works Director have negotiated the following proposed settlement with the Ericksons: Street Units: 1 parcels @ $4,200 each = $4,200.00 Storm Sewer: 2 parcels @ $660.00 each = $1,320.00 Sewer Service: 1 extended to new lot = 1 462.50 TOTAL $6,982.50 CITY COUNCIL AGENDA BACKGROUND HAZELWOOD STREET ASSESSMENT APPEAL APRIL 26, 2004 PAGE TWO Basis for Agreement The proposed agreement is based upon remaining consistent with previous Council action to maintain policy to currently used parcels. The Erickson's second unit assessment is for a future lot. The forgiving of a single unit of assessment to this future lot acknowledges that the current users of the street are paying for the reconstruction and receive the most benefit. The storm sewer is unchanged in assessment amount since drainage is unchanged and will be paid consistent with current policy. The reduction in the sewer connection charge is an exchange with Mr. and Mrs. Erickson who have agreed to pay this amount in cash upon approval of this agreement. The street assessment and storm sewer assessments were approved for afive-year deferral by the City Council at the 2003 Assessment Hearing. The Erickson street and storm sewer assessment would not come due until January 1, 2009 similar to all other residential properties in this corridor. Budget Impact The $4,662.50 reduction in revenue for this project will be covered by an additional allocation of $4,200.00 from the City's Municipal State Aid Street (MBAs) account, since the street is eligible for reimbursement of construction costs from this account, and $462.50 from the Sewer Fund. No property tax impact will be incurred if this settlement agreement is approved. Recommendation It is recommended that the City Council approve the attached resolution approving an assessment appeal agreement with Ronald and Phylis Erickson at 2699 Hazelwood Street. Attachment: Resolution Jw RESOLUTION APPROVE ASSESSMENT APPEAL AGREEMENT 2699 HAZELWOOD STREET WHEREAS, pursuant to proper notice duly given as required by law, the city council met and heard and passed on all objections to the proposed assessment for the construction of Hazelwood Street (County Road C to Beam Avenue), as described in the files of the city clerk as Project 01-16, and WHEREAS, Ronald and Phylis Erickson of 2699 Hazelwood Street appealed their assessment in the amount of $11,645.00 to District Court pursuant to M.S. 429.061, and WHEREAS, the City Engineer and City Attorney have reported on a proposal to resolve the assessment appeal that is consistent with City policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment against PIN 032922340024 at 2699 Hazelwood Street for Ronald and Phylis Erickson is hereby reduced to $6,982.50. 2. The assessment shall be further divided such that upon dismissal in District Court of the assessment appeal, Ronald and Phylis Erickson shall immediately pay to the City of Maplewood for deposit into the Project Fund an amount of $1,462.50. 3. The remaining amount of the assessment ($5,520) levied against 2699 Hazelwood shall be deferred consistent with previous resolutions adopted by the City Council for the Hazelwood Street Improvements, City Project 01-16. 4. Assessments on all homesteaded, single family residential properties shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January 2009, and shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment, no interest will be due on any of the assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 6. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 7. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. AGENDA ITEM K-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Public Works Building Addition, City Project 03-19: Authorize Improvements and Funding Plan DATE: April 20, 2004 Introduction The 2004 Budget includes an allocation within the Fleet Maintenance fund for expansion of the Public Works Building. Authorization is requested to begin the design and construction process. Background The city's Public Works staff is housed at 1902 East County Road B. The building was constructed in 1976 and is currently used by the Public Works Maintenance personnel for offices, equipment storage and vehicle maintenance. In April 2004, the Engineering Division relocated to the upper floor where office areas were leased to the Ramsey Washington Metro Watershed District until March 2004. A mezzanine area exists for records storage. The city's equipment and storage needs have expanded greatly in the 27 years since this building opened. Additionally, in 1996 the city agreed to St. Paul Regional Water Services (SPRWS) management and ownership of the water system, including water towers. Maintenance staff had previously used the lower levels of the water towers for storage areas. With the addition of the new Fire Station #2 on Clarence Street, the old Gladstone Fire Station was made available for storage, although this building has been sold and needs to be vacated. Finally, the extent of equipment used for maintenance of the city's infrastructure has nearly doubled, including some specialty equipment that needs internal warm storage to maintain service life. The need for expansion of the storage area within the Public Works Building is significant. Budget Impact This expansion has been financially planned for many years. The Fleet Management Fund is financed by charges to equipment users. These charges have included a small surcharge over the past years for the necessary space and anticipated expansion. A majority of the necessary funds are available for this construction. The planning process for space needs was completed in 2003. Construction is estimated at $2.05 million and should be completed in 2004 and 2005. The original estimate of the expansion needs in the mid-1990's was estimated at $1.5 million. The space needs study indicated that a number of additional improvements are warranted or should be included in the project. The added improvement cost of $550,000 ($2.05 million - $1.5 million) includes allocations for an elevator ($100,000), an upgrade to the boiler ($100,000), and an upgrade to bring the office area restrooms to code ($50,000). These three items were not anticipated in the original expansion plans but are needed to bring the building up to code and should have been planned as part of building ownership. The remaining $300,000 ($550,000 - $250,000) is to provide an expansion of space to accommodate needs over the next 20 years. The architect reviewing the space needs provided a design that accommodated the original budget and eliminated this $300,000 expenditure; however, it is likely that the City would need to complete an additional expansion of the building within the next 10 years if this is not done at this time. It is proposed that this expansion be included in this improvement to accommodate all needs for this site and eliminate disruption in 10 years with an additional project. CITY COUNCIL AGENDA BACKGROUND PUBLIC WORKS BUILDING EXPANSION APRIL 20, 2004 PAGE TWO Funding Plan The funding for the public works building expansion has been planned for the past 15 years. The original budget was $1.5 million. The additional $550,000 expenditure from the Fleet Management Fund will be funded with a revenue bond to be sold in 2004. Interest rates are very favorable for bond sales and allow the fund to pay for the improvements over a 10 - 15 year period. Because the building will have a 50 - 75 year life, the bond sale is appropriate. Charges to the users will be spread out over many years and should not significantly impact any department or fund. Site improvements are also required at the Public Works Building and are planned to be included in the building project. These improvements include the addition of a structure to house the City's salt storage. Current regulations do not require internal housing of the road salt used for winter maintenance; however, monitoring of the runoff impacts is necessary. Impacts to the ponding area between City Hall and the Community Center have not been significant but have a high potential for future problems. A structure located within the yard area is planned as part of an environmental improvement to be funded with the Environmental Utility Fund. This expenditure was planned as part of the Environmental Utility Funding plan and is proposed to be included within this project. The expenditure for the site improvements related to the runoff and the sand -salt storage building are estimated to be $400,000. The total project cost will be $2,450,000 and will be constructed in late 2004 and completed in 2005 if approved by the City Council. Recommendation It is recommended that the City Council approve authorization of a project to expand the Public Works Building; direct the Finance Director to transfer an additional $2,250,000 into the project fund and to arrange for the appropriate bond sales; authorize the Public Works Director to conduct a process to select an architect to design the Public Works Building Addition. RCA AGENDA #K8 INTEROFFICE MEMORANDUM TO: RICHARD FURSMAN FROM: MELINDA COLEMAN SUBJECT: LEGACY VILLAGE DEVELOPMENT AGREEMENT AMENDMENT DATE: 4/21 /2004 INFORMATION Representatives from the Hartford Group are requesting an amendment to the Master Development Agreement for the Legacy Village. The requested change relates to Phase 3 of the project that includes rental town homes and office/clubhouse space. The original development and PUD approval is for 198 rental town homes and approximately 10,000 square feet of office/clubhouse space. This was initially to be built by the Hartford Group. Town and Country Homes would now like to purchase the property and instead build approximately 180 for-sale, row-style town homes. Hartford is seeking City Council approval to proceed with the following amendment: In section 1.10 they request that phase 3 be identified as follows; "Rental Town Homes and Office/Clubhouse and/or home ownership Town Homes' located on Lot 1, Block 1 and Lot 1, Block 2 of the plat. Staff is in support of this request because we believe that either development would be in keeping in the spirit and intent of the original agreement However, there are additional approvals that will be needed if the City Council approves this amendment. First, the PUD will need to be changed to reflect the change in land use. This is minor in nature and involves only the change of use for the office/clubhouse to additional residential. Additionally, city staff will need to work with our legal and financial advisors to make sure the current proposal will not affect the tax abatement plan. Paul Steinman, from Springsted, is working on this analysis to make sure the changes as proposed will not affect the projected market values for this phase and for the overall development. RECOMMENDATION Staff recommends that City Council approve the amendment to the Legacy Village Development Agreement. This approval is contingent upon the financial analysis demonstrating no net loss or impact on overall valuation for this phase. In addition, it should be made clear to Town and Country that they will be required to seek approval for an amendment to the PUD to reflect the changes. They/or the Hartford Group are also responsible for any legal or financial consulting expenses relating to these changes, or others, in the Legacy Village Development Agreement. Attachment: Letter from the Hartford Group P: Com_Dvpt Sec.3 legacy.amend.2 HARTFORD GROUP, INC. Real Estate Development ~Architecture•.Engineering April 13, 2004 Ms. Melinda Coleman Assistant City Manager/Community Development Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Ms. Coleman, As we work to insure the implementation and the timely placement of products in the Legacy of Maplewood, we continue to explore strategies that would help us to achieve that end. With that in mind, The Hartford Group, Inc. is respectfully requesting a minor amendment to our Master Developers Agreement. In section 1.10 we request that "Phase 3 be identified as follows; `Rental Town Homes and Office/Clubhouse and/or home ownership Town Homes' located on Lot 1, Block 1 and Lot 1, Block 2 of the play " We further request that this amendment is reflected in other areas of the Development Agreement where it speaks to this parcel of the development. Ms. Coleman, thank you for your professionalism and customer friendly working relationship with your customer base and most importantly with The Hartford Group. We appreciate all that you and your staff have done to facilitate the Legacy of Maplewood. Respectfully, THE HARTFORD GROUP, INC. Elizabeth B. Kautz Executive Vice President Cc: Jack Brandt Krista Flemming William C. Griffith