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HomeMy WebLinkAbout2004 05-10 City Council PacketCouncil/Manager Workshop - 6: 00 p. m. AGENDA MAPLEWOOD CITY COUNCIL, 7:00 P.M. Monday, May 10, 2004 Council Chambers, Municipal Building Meeting No. 04-10 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. NTinutes from April 26, 2004 Council/Nlanager Workshop 2. Minutes from the April 26, 2004 City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. HRC Diversity Speech Contest Winner - Faraaz Mohammed -North St. Paul High School 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. Conditional Use Permit Review -Frontline Church (2055 White Bear Avenue) 3. Food Fee Waiver -Boy Scout Troop #187 - Arlington Hills United Methodist Church 4. Carnival, Fireworks, and Noise Control -Fee Waivers -Ramsey County Fair 5. MCC Replacement Compressor 6. Donation to Landfall Cops `n Kids Fishing Clinic 7. Purchase of 2004-2005 Winter Road Salt 8. Signal System Light Replacement Program 9. County Road D Realignment (East), T.H. 61 to Southlawn, Project 02-07 -Revise Dates for Bid Opening and Assessment Hearing H. PUBLIC HEARINGS 1. 7:00 P.M_ Kennard Street Right-of--Way Vacation (next to 1655 Sextant Avenue) 2. 7:15 P.M_ Toenjes Hills Estates (1966 McMenemy Street) a. Vacations b. Preliminary Plat 3. 7:30 P.M_ Conditional Use Permits -Peltier (1236 Kohlman Avenue) a. Expansion of Non-Conforming Use b. Over-sized Accessory Structure L AWARD OF BIDS J. UNFINISHED BUSINESS Appointment for 800 MHz K NEW BUSINESS Cable Commission Presentation 2. Stop Sign Requests 3 . Hazelwood/County Road C Area Streets, Project 03-18 -Assessment Objection Recommendations 4. Ordinance Amending the City Code Relating to Nuisances -First Reading L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. South Leg Group - No Report 2. Visitor Presentation - No Report 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 CIVILITY FOR O UR COMMUNITY Following are some rules of civility the City ofMaplewood expects of everyone appearing at Council Meetings -elected o~cials, 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 D1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, Apri126, 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 Present Present Present Present Present Others Present: C. D. City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile Community Design Review Board Chair Longrie-Kline APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as presented. Seconded by Councilmember Juenemann Ayes-All NEW BUSINESS 1. Community Design Review Board (CDRB) Interviews Council discussed the questions before interviewing the candidates. The following questions were asked: 1. Do you have any experience in signage design and/or ordinance development regarding signage? 2. Can you discuss your viewpoints regarding new development, retrofitting existing buildings, multi-use zoning, and the direction Maplewood should taking in developing design standards? 3. What is your experience in analyzing design or architectural elements for compatibility with surrounding buildings, cost to the building owner, functionality, and maintenance? Are you familiar with new techniques for reducing the amount of impervious surfaces? City Council/Manager Workshop 04-26-04 4. What is your experience and knowledge base regarding different types of landscaping techniques? 5. As a member of the Community Design Review Board what do you see as your roll with working with the mayor and the city council? 6. What qualities do you think you would bring to the Community Design Review Board if you are appointed? The candidates were interviewed in the following order: 1. Judith Driscoll 2. Daniel Lee 3. Richard Currie Community Design Review Board Chair Longrie-Kline gave her input on the qualities that the board candidate would need. After the interviews and council voted, Judith Driscoll was selected to be appointed at the following council meeting. E. FUTURE TOPICS F. ADJOURNMENT Councilmember Rossbach moved to adiourn at 6:55 b.m. Seconded by Councilmember Monahan-Junek Ayes-All City Council/Manager Workshop 04-26-04 2 A. B. C. D. E. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, Apri126, 2004 Council Chambers, Municipal Building Meeting No. 04-08 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 7:02 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 April 12, 2004 CounciUManager Workshop Councilmember Juenemann moved to aP~rove the minutes from the April 12, 2004 City CounciUManager workshop as Presented. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the April 12, 2004 City Council Meeting Councilmember Juenemann moved to aP~rove the minutes from the April 12, 2004 City Council Meeting as Presented. Seconded by Councilmember Monahan-Junek Ayes-All APPROVAL OF AGENDA Asked G3 and G9 to be removed from the agenda. Ml. Administrative Professionals Week M2. Human Relations Commission M3. Ramsey County League of Local Government M4. Follow up from the Cable Commission Kim Facile M5. 800 MHz M6. South Leg Focus Group M7. Visitor Presentations City Counci104-26-04 Councilmember Monahan-Junek moved to a~rove the agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Community Design Review Board Appointment a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Judith Driscoll was appointed to the Community Design Review Board with a term beginning immediately and running though January 1, 2006. G. CONSENT AGENDA 1. Approval of Claims 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 City Counci104-26-04 2 dated 4/09/04 $ 413,015.92 Total Payroll $ 2,360,898.34 GRAND TOTAL 2. Final Plat-Harbor Pointe (County Road D) Approved the Habor Pointe Office Condominiums final plat. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city. Final Plat-Towns of New Century Third Addition (New Century Boulevard and Highwood Ave.) ITEM REMOVED FROM CONSENT AGENDA 4. Conditional Use Permit Review-- Countryside Motors (1180 Highway 36 East) Approved 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. Conditional Use Permit Review-Sibley Cove Apartments (1996 County Road D) Approved to review the conditional use permit for the Sibley Cove Apartments at 1996 County Road D again in one year or sooner if owner proposes a major change to the site. 6. Conditional Use Permit Review .Van Dyke Village Town Houses (2191- 2231 Van Dyke Street) Approved to review the conditional use permit for the Van Dyke Village Town houses at 2191-2261 Van Dyke Street again in one year or sooner if the owner proposes a major change to the site. 7. Temporary Gambling, VFW Post 8901- Ramsey County Fair Adopted the following resolution approving the temporary gambling permit for Lawrence Kaiser for the VFW Post 8901 for the Ramsey County Fair July 14 thought the 18`x', 2004: RESOLUTION 04-04-080 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. City Counci104-26-04 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. Temporary Food and Fee Waiver Maplewood Athletic Association Approved waiving the temporary food permit fee for the Maplewood Athletic Association. 9. Interim Marketing/Public Relations Specialist ITEM REMOVED FROM CONSENT AGENDA 10. Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26 . Resolution Ordering Assessment Hearing Adopted the following resolution approving the Legacy parkway Improvements, ordering the Assessment hearing for 7:00 p.m. Monday, May 24, 2004. RESOLUTION 04-04-081 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: 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. 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. 11. County Road D Realignment, (East - T.H. 61 to Southlawn Dr.), City Project 02-07 . Resolution Ordering Assessment Hearing Adopted the following resolution for the County Road DRealignment-ordering the assessment hearing for 7:15 p.m. Monday, May 24, 2004: RESOLUTION 04-04-082 ORDERING ASSESSMENT ROLL HEARING City Counci104-26-04 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. Councilmember Koppen moved to a~rove the consent agenda items 1-2, 4-8 and 10-11 as presented. Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 7:10 P.M. Hazelwood/County Road C Area Streets, Project 03-18- Assessment Hearing City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Roger Kessler, 2533 Flandrau, Maplewood Curtis Bjorklund, 1651 Demont Ave East, Maplewood d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to adoFt the following resolution for the adoFtion of the assessment roll for the Hazelwood/County Road C Area Street ImFrovements. Seven objections have been filed and will be heard at the May 10, 2004 City Council Meeting: RESOLUTION 04-04-083 ADOPTING ASSESSMENT ROLL City Counci104-26-04 WHEREAS, pursuant to a resolution adopted by the City Council on March 22"d, 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: 1. Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015) 2. Mary J. Strand, 2452 Germain Street North, (PIN 3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078) 4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and 102922120022) WHEREAS, the following assessed parcels will be treated as objections and reviewed for accuracy before being adopted: 1. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053) 2. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056) 3. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055) WHEREAS, the assessment roll as submitted is hereby modified to reflect storm sewer unit assessments previously paid on the following parcels: 1. Cha Lee Xiong, 2610 Flandrau Street North (PIN 102922110075) 2. Roger J. Kessler, 2533 Flandrau Street North (PIN 102922110078) 3. Stefan Czyzewski, 2578 Germain Street North (PIN 102922120011) 4. Curtis R. Bjorklund, 1651 Demont Avenue East (PIN 102922120053) 5. W. F. Danielson, 2440 Germain Street North (PIN 102922130024) 6. Gerald N. Hesse, 2420 Germain Street North (PIN 102922130031) 7. Frank P. Frascone, 2410 Germain Street North (PIN 102922130044) 8. Church of the Holy Redeemer, 2555 Hazelwood Street North (PIN 102922130054) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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. 2. 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. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 City Counci104-26-04 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 if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time a$er October 1, 2004 pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The city engineer and city clerk shall forthwith a$er 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 Koppen Ayes-All Due to time constraints, item Il was addressed at this time. 2. 7:30 P.M. Alley Right-of--Way Vacation (North of 2200 English Street) City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. Commissioner Desai presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Laura Schreiver, future property owner Peter Berna, 4609 Carolyn Lane, White Bear Lake Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution a~roving the vacation of the unused alley right-of--way north of 2200 English Street: ALLEY VACATION RESOLUTION 04-04-085 WHEREAS, Laura Schryver and Angel Bernal applied for the vacation of the following-described right-of- way: City Counci104-26-04 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 staffpublished 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: 1. 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: 10-29-22-33-0040 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. Seconded by Councilmember Rossbach Ayes-All 7:45 P.M. Proposed DQ Grill and Chill Restaurant (West of 1760 Beam Avenue) Land Use Plan Change, BGM (Business Commercial Modified) to BC (Business Commercial) Zoning Map Change .BGM (Business Commercial Modified) to BC (Business Commercial) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Desai presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: City Counci104-26-04 Tom Schuette, the developer with Azure Properties John Brandt, 2837 Southlawn Drive, Maplewood Sam Cornelius, Representing the DQ Grill and Chill Tom Schuette, second appearance Mayor Cardinal closed the public hearing. Mayor Cardinal moved to adopt a resolution that 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 to BC. Seconded by Councilmember Koppen Motion failed. Ayes-Mayor Cardinal and Councilmember Koppen Nays-Councilmembers Juenemann, Monahan-Junek and Rossbach Councilmembers decision to deny the proposed land use change based on an increase in traffic with the proposed drive through use; noise issues and concerns with access limitations and proximity to planned and existing residential uses. Councilmember Juenemann moved to adopt the findings for denial. Seconded by Councilmember Rossbach I. AWARD OF BIDS Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Mayor Cardinal and Councilmember Koppen 1. Hazelwood/County Road C Area Streets, Project 03-18- Resolution for Award of Bids City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved adopt the following resolution accept the bid and award of the contract to T.A. Schifsky and Sons, Inc. in the amount of $1,540,072.23 with hopes that there will not be additional change orders: RESOLUTION FOR AWARD OF BIDS 04-04-086 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. City Counci104-26-04 Seconded by Councilmember Koppen Ayes-All 2. Kennard Street/Legacy Parkway Landscaping Improvements, Project 03-04. Resolution for Award of Bids City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adoFt the following resolution acceFting the bids an awarding a construction contract to Noble LandscaFe & Garden Center in the amount of $219,877.96: RESOLUTION 04-04-087 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 Parkway 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. Hoffinan & 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. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Koppen Ayes-All J. UNFINISHED BUSINESS None City Counci104-26-04 10 K. NEW BUSINESS Intoxicating Liquor License New Owner/Change ofManager-Matthew Kielas-Chalet Lounge a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. c. Matthew and Peter Kielas were present for questions. Councilmember Koppen moved to a~rove the liquor license for Matthew Kielas for the Chalet loun~e• Seconded by Councilmember Juenemann Ayes-All 2. Review of Minnesota Department of Transportation Projects-Presentation by Frank Pafko, MnDOT Regional Manager City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Frank Pafko, MnDOT Regional Manager provided further specifics. d. Theresa Gunderson, 131 Crestview Drive, Maplewood No action needed. 3. Legacy Village Sculpture Park City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Mayor Cardinal moved to a~rove the conceit of developing Legacy Village Sculpture Park pending final a~roval of the financing based on the sale of a tax abatement bond that will be presented by Finance Director Faust at the June council meeting. Seconded by Councilmember Koppen Ayes-All 4. Joy Park Neighborhood Preserve Master Plan City Manager Fursman presented the staff report. Councilmember Juenemann moved to adopt the Joy Park master flan as presented, along with the proposed implementation flan with the understanding that development will be considered by the city council on a phasing basis as dart of the Capital Improvement Plan within the next five years. Seconded by Councilmember Monahan-Junek Ayes-All City Counci104-26-04 11 At 9:58 council took a 5-minute break. Carlton Street Improvements, Project 03-22-Assessment Objection Recommendations a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to take no action to revise the assessment for P IN 362922120006. Donald G. Kimble and V. Lunette Kimble at 679 Ferndale Street North. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to take no action to revise the assessment for PIN 362922130017, Kinderberry Hill Child DeveloFment Center, at 586 Carlton Street. Seconded by Councilmember Juenemann Ayes-All 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 City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adoFt the following resolution a~roving an assessment appeal agreement with Ronald and Phylis Erickson at 2699 Hazelwood Street: RESOLUTION 04-04-088 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: Such proposed assessment against PIN 032922340024 at 2699 Hazelwood Street for Ronald and Phylis Erickson is hereby reduced to $6,982.50. City Counci104-26-04 12 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 ($5,520) levied against 2699 Hazelwood shall be deferred consistent with previous resolutions adopted by the City Council for the Hazelwood Street Improvements, City Project 01-16. 4. Assessments on all homesteaded, single family residential properties shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or a$er 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 maybe 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. Seconded by Councilmember Monahan-Junek Ayes-All 7. Public Works Building Addition, City Project 03-19-Authorize Improvements and Funding Plan City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Rossbach moved to approve authorization of a project to expand the Public Works Building-; direct the fiance 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. Seconded by Councilmember Juenemann Ayes-All 8. Development Agreement Amendment-Legacy Village a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. City Counci104-26-04 13 Councilmember Rossbach moved to 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 County that they will be required to seek approval for an amendment to the PUD to reflect the changes. They/or Hartford Group are also responsible for any legal or financial consulting expenses relating to these changes, or others, in the legacy Village Development Agreement. Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS Ron Cockriel, 943 Century Avenue North, Maplewood, commented on the south Leg Focus Group. M. COUNCIL PRESENTATIONS 1. Administrative Professional Week-Councilmember Juenemann thanked all of the staff for a good job they do. 2. Human Relations Committee-Councilmember Juenemann shared the success of the First Annual Speech Contest. Ramsey County League of Local Government-Councilmember Juenemann asked all Councilmembers to RSVP. 4. Follow-up from Cable Commission -Councilmember Monahan-Junek shared her concern with decisions being made at the Commission without council consideration or recommendation. Councilmember Juenemann moved to extend the meeting until the completion of the agenda. Seconded by Councilmember Rossbach Ayes All 5. 800 MHz-Discussion was held regarding the status of the different 800 MHz committees. 6. South Leg Group-Councilmember Rossbach reported on the past meeting and noted that the meeting will be held the 3rd Thursday of each month. 7. Resident Guest Presentations-Councilmember Rossbach asked that presentations from the public be moved to the beginning of the meeting. This item will be addressed at the next council meeting. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 11:11 p.m. Seconded by Councilmember Koppen Ayes -All City Counci104-26-04 14 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 10, 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: $ 59,874.09 Checks # 63673 thru # 63706 dated 4/27/04 $ 136,871.15 Disbursements via debits to checking account dated 4/16/04 thru 4/22/04 $ 572,470.69 Checks # 63707 thru # 63785 dated 5/04/04 $ 296,198.91 Disbursements via debits to checking account dated 4/23/04 thru 4/29/04 $ 1,065,414.84 Total Accounts Payable PAYROLL $ 515,972.76 Payroll Checks and Direct Deposits dated 4/23/04 $ 4,492.64 Payroll Deduction check # 97315 thru # 97317 dated 4/23/04 $ 520,465.40 Total Payroll $ 1,585,880.24 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 04-23 and 4-30 1 Check Register City of Maplewood vchlist 04/23/2004 11:06:41 AM Check Date Vendor Description/Account Amount 63673 4/27/2004 03078 AE SIGN SYSTEMS NAME TAGS 20.24 63674 4/27/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 777.08 63675 4/27/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 39.00 MERCH FOR RESALE 78.00 63676 4/27/2004 02711 BREITBACH, GARY REIMB FOR STAGE SHEETS 184.57 63677 4/27/2004 03079 DAVIS-LOBDELL INSTRUMENTS INC SKLAR HOOKS 450.00 63678 4/27/2004 02816 DAYTON'S COMMERCIAL INTERIORS EXEC HIGH BACK CHAIR LEATHER VINYL 8,051.11 63679 4/27/2004 00668 HIEBERT, STEVEN REIMB FOR MEALS 4/14 - 4/16 18.25 63680 4/27/2004 00720 INDEPENDENT SCHOOL DIST #623 POOL PERMIT #041813 180.00 63681 4/27/2004 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 349.49 BIRTHDAY CAKES 64.00 BIRTHDAY CAKES 121.75 BIRTHDAY CAKES 161.50 BIRTHDAY CAKES 33.50 BIRTHDAY CAKES 143.25 63682 4/27/2004 00959 MCLAUGHLIN,BILLY CONCERT 4/9&4/10 7,644.00 63683 4/27/2004 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS (P/R DEDUCTED IN APR) 213.00 63684 4/27/2004 01089 MN UC FUND 1ST QTR 2004 UNEMPLOYMENT 6,399.37 63685 4/27/2004 01175 NORTH ST PAUL, CITY OF ELECTRIC 3/10 - 4/8 1,599.46 MCC SEWER CHARGES 218.29 SECURITY LIGHT -304.38 63686 4/27/2004 01174 NORTH ST PAUL-MAPLEWOOD- ROTARY CLUB DUES & ASSESSMENT 225.00 63687 4/27/2004 00001 ONE TIME VENDOR REF RICHARD RASCHKE -MEMBERSHIP 668.52 63688 4/27/2004 00001 ONE TIME VENDOR REF JUDY KNUTSON - P & R PROGRAM 45.00 63689 4/27/2004 00001 ONE TIME VENDOR REF COLLEEN HECK - P & R PROG 35.00 63690 4/27/2004 00001 ONE TIME VENDOR REF BARB SCHIEL -MEMBERSHIP 30.00 63691 4/27/2004 00001 ONE TIME VENDOR REF KIMBERLEE CURRY -MEMBERSHIP 25.00 63692 4/27/2004 00001 ONE TIME VENDOR REF HAMLINE CHOIR -GROUP OVERPAID 20.00 63693 4/27/2004 00001 ONE TIME VENDOR REF CHISAGO LAKES -GROUP 14.30 63694 4/27/2004 00001 ONE TIME VENDOR REF CARISSA THOMAS -MEMBERSHIP 12.00 63695 4/27/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING -MAR 19,435.90 63696 4/27/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 503.35 MERCH FOR RESALE 434.40 63697 4/27/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 279.82 63698 4/27/2004 01370 ROAD RESCUE EMERGENCY VEHICLES REPAIR DOOR LATCH 29.87 63699 4/27/2004 02118 SCHMIDT, RUSSELL REIMB FOR TUITION 885.95 63700 4/27/2004 02467 ST PAUL LINOLEUM AND CARPET CO INSTALL CARPET AT PW BLDG 3,756.00 63701 4/27/2004 01522 STATE OF MINNESOTA DOT STICKERS 40.00 63702 4/27/2004 01580 TSE, INC. CUSTODIAL SERVICES 2/23-3/19 936.14 63703 4/27/2004 02069 ULTIMATE DRAIN SERVICES INC PROJ 03-18 SEWER TELEVISING 160.00 63704 4/27/2004 01750 WATSON CO INC, THE MERCH FOR RESALE 449.91 63705 4/27/2004 02410 WELLS FARGO LEASING INC LEASE COPIER -APR 1,420.71 63706 4/27/2004 01789 WOODBURY, CITY OF REIMB FOR SAFE & SOBER GRANT 4,025.74 34 Checks in this report Total checks : 59,874.09 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 2 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 04/15/04 04/16/04 MN State Treasurer Drivers License/Deputy Registrar 10,468.50 04/15/04 04/16/04 MN Dept of Natural Resources DNR electronic licenses 936.75 04/16/04 04/19/04 MN State Treasurer Drivers License/Deputy Registrar 12,949.25 04/13/04 04/19/04 MN Dept of Revenue Sales Tax 8,675.00 04/19/04 04/20/04 MN State Treasurer Drivers License/Deputy Registrar 14,377.65 04/20/04 04/21/04 MN State Treasurer Drivers License/Deputy Registrar 19,250.89 04/21/04 04/22/04 MN State Treasurer Drivers License/Deputy Registrar 11,321.96 04/09/04 04/22/04 MN Dept of Revenue Fuel Tax 274.00 04/16/04 04/22/04 Elan Financial Services* Purchasing card items 58,617.15 TOTAL *Detailed listings of Elan purchasing card items are attached. 136.871.15 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 3 Transaction Review 4/ 13 / 2 0 0 4 For Transactions posted between 04/03/2004 to 04/09/2004 Post Date Vendor Name Settlement Amt Cardholder Name 04/05/2004 U OF M CCE ON LINE 160.00 R CHARLES AHL 04/05/2004 FCC FRANKLIN COVEY CLG 59.31 R CHARLES AHL 04/09/2004 VERIZON WRLESSRCRK2RE3 60.38 R CHARLES AHL 04/09/2004 GRANDVIEW LODGE-RES/CNP 100.00 R CHARLES AHL 04/05/2004 AMOCO OIL 07847502 19.13 BRUCE K ANDERSON 04/07/2004 G & K SERVICES 006 792.39 BRUCE K ANDERSON 04/07/2004 G & K SERVICES 006 209.92 BRUCE K ANDERSON 04/07/2004 G & K SERVICES 006 427.60 BRUCE K ANDERSON 04/09/2004 S & T OFFICE PRODUCTS 171.83 BRUCE K ANDERSON 04/05/2004 JOANN ETC #1970 17.61 MANDY ANZALDI 04/08/2004 CUB FOODS, INC. 25.63 MANDY ANZALDI 04/05/2004 MN PHOTO 7.49 JOHN BANICK 04/05/2004 AIRGAS NORTH CENTRAL 154 795.30 JOHN BANICK 04/05/2004 JCPENNEY STORE 0496 94.96 JOHN BANICK 04/05/2004 UNIFORMS UNLIMITED INC 4.79 PAUL BARTZ 04/05/2004 MILLS FLEET FARM #27 34.99 JIM BEHAN 04/07/2004 THERMO-DYNE INC 1,974.43 JIM BEHAN 04/07/2004 THERMO-DYNE INC 1,978.17 JIM BEHAN 04/09/2004 HENRIKSEN ACE HARDWARE 30.82 JIM BEHAN 04/06/2004 WORLD FOOTLOCKER #5032 89.99 STANLEY BELDE 04/05/2004 TIGER OAKS PUBLICATION 250.00 HEIDI CAREY 04/05/2004 DEX MEDIA EAST #2 118.60 HEIDI CAREY 04/08/2004 LILLIE SUBURBAN NEWSP 198.40 HEIDI CAREY 04/08/2004 THE STAR TRIBUNE-ADVERTIS 956.66 HEIDI CAREY 04/05/2004 NORTHERN TRAFFIC SUPPLY 298.73 CHRISTOPHER CAVETT 04/05/2004 U OF M CCE ON LINE 160.00 CHRISTOPHER CAVETT 04/05/2004 NEXTEL WIRELESS SVGS 481.78 CHRISTOPHER CAVETT 04/09/2004 GRANDVIEW LODGE-RES/CNP 100.00 CHRISTOPHER CAVETT 04/09/2004 LISPS 4761480100 22.50 MELINDA COLEMAN 04/06/2004 PANERA BREAD #3459 96.33 ROBERTA DARST 04/07/2004 S & T OFFICE PRODUCTS 50.35 ROBERTA DARST 04/08/2004 S & T OFFICE PRODUCTS 39.39 ROBERTA DARST 04/09/2004 S & T OFFICE PRODUCTS -50.35 ROBERTA DARST 04/08/2004 MENARDS 3059 21.47 JOHN DUCHARME 04/07/2004 C.J. BANKS #864 87.47 VIRGINIA ERICKSON 04/06/2004 MENARDS 3059 24.43 PAUL E EVERSON 04/06/2004 EMSL ANALYTICAL 150.00 DAVID FISHER 04/07/2004 HEJNY RENTALS INC 140.32 DAVID FISHER 04/07/2004 G & K SERVICES 006 275.50 DAVID FISHER 04/07/2004 G & K SERVICES 006 742.58 DAVID FISHER 04/08/2004 FORESTRY SUPPLIERS, INC. 150.60 VIRGINIA GAYNOR 04/05/2004 RAINBOW FOODS 1-886 14.81 CAROLE GERNES 04/09/2004 CUB FOODS, INC. 6.36 CAROLE GERNES 04/08/2004 MN PHOTO 7.49 CLARENCE GERVAIS 04/05/2004 TARGET 00009316 66.62 MIKE GRAF 04/07/2004 MENARDS 3022 28.32 ROLAND HELEY 04/07/2004 MENARDS 3022 -0.75 ROLAND HELEY 04/05/2004 AMERICAN RED CROSOI OF O1 55.25 RON HORWATH 04/05/2004 KAM COM TECHNOLOGIES INC 1,624.13 STEVE HURLEY 04/07/2004 CIRCUIT CITY SS #3137 47.91 STEVE HURLEY 04/07/2004 KAM COM TECHNOLOGIES INC 1,624.13 STEVE HURLEY 04/07/2004 MUSEUM PRODUCTS 211.01 ANN E HUTCHINSON c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 4 04/05/2004 HENRIKSEN ACE HARDWARE -5.85 DAVID JAHN 04/07/2004 TARGET 00011858 13.83 DAVID JAHN 04/05/2004 UNIFORMS UNLIMITED INC 71.06 KEVIN JOHNSON 04/08/2004 VASKO SOLID WASTE INC 533.80 MICHAEL KANE 04/05/2004 TARGET 00011858 31.25 MARY B KOEHNEN 04/09/2004 FITNESS WHOLESALE INC 113.30 MARY B KOEHNEN 04/05/2004 SEWARD COOP S4J 5.88 HEATHER KOS 04/05/2004 UNIFORMS UNLIMITED INC 14.86 BRETT KROLL 04/05/2004 RAINBOW FOODS 1-886 13.96 DAVID KVAM 04/05/2004 STRETCHER'S POLICE EQP -55.27 DANIEL CARSON 04/05/2004 VERIZON WRLESSRCRK2RE3 179.89 SHERYL L LE 04/05/2004 OMNI HOTELS SHOREHAM 1,297.48 SHERYL L LE 04/09/2004 CUB FOODS, INC. 21.33 SHERYL L LE 04/07/2004 LISPS 2663650015 13.65 STEVE LUKIN 04/09/2004 KINKO'S #0617 14.37 STEVE LUKIN 04/05/2004 UNIFORMS UNLIMITED INC 11.50 JOHN MARINO 04/05/2004 SUN TURF METRO POWER 287.07 MARK MARUSKA 04/05/2004 HENRIKSEN ACE HARDWARE 572.29 MARK MARUSKA 04/06/2004 SUN TURF METRO POWER 480.06 MARK MARUSKA 04/07/2004 G & K SERVICES 006 477.14 MARK MARUSKA 04/08/2004 AMERICAN FASTENER00 OF 00 31.61 MARK MARUSKA 04/08/2004 HIRSHFIELD'S MAPLEWOOD 396.05 MARK MARUSKA 04/09/2004 ICI-DULUX-PAINTS#0092 1,145.09 MARKMARUSKA 04/05/2004 NORTHERN TRAFFIC SUPPLY 169.34 ED NADEAU 04/05/2004 CUB FOODS, INC. 42.51 AMY NIVEN 04/07/2004 RED'S SAVOY PIZZA 124.33 AMY NIVEN 04/07/2004 ROWS VIRTUE PRINTI 255.87 AMY NIVEN 04/07/2004 G & K SERVICES 006 276.28 AMY NIVEN 04/07/2004 G & K SERVICES 006 446.03 AMY NIVEN 04/07/2004 G & K SERVICES 006 127.76 AMY NIVEN 04/07/2004 TARGET 00011858 47.07 MARSHA PACOLT 04/08/2004 S & T OFFICE PRODUCTS 43.76 KATHLEEN PECK HALL 04/05/2004 THE HOME DEPOT 2801 21.36 ROBERT PETERSON 04/05/2004 BRODART SUPPLIES 17.37 PHILIP F POWELL 04/06/2004 STRETCHERS POLICE EQUIPM 73.27 PHILIP F POWELL 04/08/2004 OFFICE MAX 00007054 53.19 PHILIP F POWELL 04/08/2004 123AV, INC 52.76 PHILIP F POWELL 04/05/2004 ZARNOTH BRUSH WORKS INC 1,096.42 STEVEN PRIEM 04/08/2004 AMERICAN FASTENER00 OF 00 10.69 STEVEN PRIEM 04/08/2004 KATH AUTO PARTS 60.69 STEVEN PRIEM 04/08/2004 KATH AUTO PARTS 82.35 STEVEN PRIEM 04/09/2004 BAUER BULT TRE33200023 140.41 STEVEN PRIEM 04/05/2004 NEXTEL WIRELESS SVGS 1,686.37 KEVIN RABBETT 04/09/2004 AT&T WIRELESS SERVICES 294.00 KEVIN RABBETT 04/09/2004 NAT ASSO OF TOWN WATCH 1,853.91 KEVIN RABBETT 04/05/2004 DALCO ENTERPRISES, INC 417.33 MICHAEL REILLY 04/05/2004 DALCO ENTERPRISES, INC 4.32 MICHAEL REILLY 04/06/2004 DALCO ENTERPRISES, INC 67.97 MICHAEL REILLY 04/06/2004 DALCO ENTERPRISES, INC 836.42 MICHAEL REILLY 04/06/2004 DALCO ENTERPRISES, INC 1,223.43 MICHAEL REILLY 04/08/2004 DALCO ENTERPRISES, INC -135.94 MICHAEL REILLY 04/05/2004 STILLWATER MOTOR CO 26.82 JAMES SCHINDELDECKER 04/05/2004 OFFICE MAX 00002204 12.72 JAMES SCHINDELDECKER 04/05/2004 MILLS FLEET FARM #27 82.96 JAMES SCHINDELDECKER 04/05/2004 MENARDS 3059 7.43 JAMES SCHINDELDECKER 04/07/2004 GRUBERS POWER EQUIPMENT 6.55 JAMES SCHINDELDECKER 04/07/2004 HANDY HITCH & WELDING 156.35 JAMES SCHINDELDECKER c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 5 04/05/2004 CURTIS 1000 58.09 DEB SCHMIDT 04/05/2004 S & T OFFICE PRODUCTS 94.21 DEB SCHMIDT 04/06/2004 AKA ADOLF KIEFER ASSOC 268.55 RUSSELL L SCHMIDT 04/07/2004 G & K SERVICES 006 254.99 GERALD SEEGER 04/09/2004 HENRIKSEN ACE HARDWARE 24.00 GERALD SEEGER 04/07/2004 CUB FOODS, INC. 59.85 PAULINE STAPLES 04/08/2004 CUB FOODS, INC. 77.60 PAULINE STAPLES 04/09/2004 BLOOMINGTON SECURITY SOLU 84.90 PAULINE STAPLES 04/09/2004 MENARDS 3059 1.59 RONALD SVENDSEN 04/05/2004 ASPEN MILLS 8005717343 269.70 RUSTIN SVENDSEN 04/05/2004 MOORE MEDICAL 145.00 RUSTIN SVENDSEN 04/05/2004 DAMS LOCK AND SAFE 256.56 LYLE SWANSON 04/05/2004 WW GRAINGER 500 35.25 LYLE SWANSON 04/07/2004 HIRSHFIELD'S MAPLEWOOD 93.94 LYLE SWANSON 04/08/2004 INDUSTRIAL SUPPLY CO INC 67.41 LYLE SWANSON 04/09/2004 HIRSHFIELD'S MAPLEWOOD 81.82 LYLE SWANSON 04/09/2004 HIRSHFIELD'S MAPLEWOOD 65.47 LYLE SWANSON 04/09/2004 UHL COMPANY INC 536.00 LYLE SWANSON 04/09/2004 THE WESTERN GROUP 408.00 LYLE SWANSON 04/09/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 115.02 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 138.45 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 236.80 JUDY TETZLAFF 04/09/2004 QWESTCOMM TN612 367.84 JUDY TETZLAFF 04/05/2004 UNIFORMS UNLIMITED INC 63.37 PAUL THIENES 04/08/2004 MENARDS 3059 39.28 CHARLES J VERMEERSCH 04/09/2004 OFFICE MAX 00002204 5.31 JOSEPH WATERS 04/08/2004 DAMS LOCK AND SAFE 211.83 JOSEPH WATERS 04/05/2004 CUB FOODS, INC. 7.34 SUSAN ZWIEG 04/05/2004 OFFICE MAX 00002204 62.19 SUSAN ZWIEG 04/07/2004 CUB FOODS, INC. 49.15 SUSAN ZWIEG 35,098.35 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 6 Transaction Review 4/ 19 / 2 0 0 4 For Transactions posted between 04/10/2004 to 04/16/2004 Post Date Vendor Name Settlement Amt Cardholder Name 04/15/2004 CUB FOODS, INC. 8.12 MANDY ANZALDI 04/13/2004 HENNEPIN CTY MED. CTR2 -245.00 JOHN BANICK 04/12/2004 HENRIKSEN ACE HARDWARE 10.63 JIM BEHAN 04/12/2004 TWIN CITY MOTOR REPAIR 95.23 JIM BEHAN 04/15/2004 MUSKA LIGHTING CENTER 339.68 JIM BEHAN 04/16/2004 PAIN ENTERPRISES INC. 366.85 JIM BEHAN 04/16/2004 MNTNCE ENGINEERING 1,775.13 JIM BEHAN 04/16/2004 ADAMS PEST CONTROL 141.11 JIM BEHAN 04/15/2004 BATTERIES PLUS 240.62 JOSEPH BERGERON 04/14/2004 KINKO'S #0602 9.63 OAKLEY BIESANZ 04/14/2004 KNOWLAN'S SPRMKT.#2 19.58 OAKLEY BIESANZ 04/16/2004 DENISON MAILING SERVICE 850.00 HEIDI CAREY 04/16/2004 EPSON STORE 134.70 HEIDI CAREY 04/16/2004 PIONEER PRESS SUBSCRIPTI 416.00 LINDA CROSSON 04/15/2004 S & T OFFICE PRODUCTS 51.01 ROBERTA DARST 04/16/2004 SENSIBLE LAND USE COAL 30.00 ROBERTA DARST 04/12/2004 THE HOME DEPOT 2801 9.23 JOHN DUCHARME 04/12/2004 MENARDS 3059 -17.75 JOHN DUCHARME 04/14/2004 PARTS ASSOCIATES INC 830.67 JOHN DUCHARME 04/12/2004 SEARS ROEBUCK 1122 135.77 ALICE DUNN 04/16/2004 TARGET 00011858 44.09 PAUL E EVERSON 04/14/2004 VRZN WRLS VZSRVE W RE3 72.93 DANIEL F FAUST 04/14/2004 WASTE MANAGEMENT 326.47 DAVID FISHER 04/14/2004 WASTE MANAGEMENT 327.47 DAVID FISHER 04/15/2004 HENRIKSEN ACE HARDWARE 570.18 DAVID FISHER 04/12/2004 THAWTE CONSULTING 849.00 MYCHAL FOWLDS 04/12/2004 THAWTE CONSULTING 849.00 MYCHAL FOWLDS 04/12/2004 GOLDCOM INC 299.67 MYCHAL FOWLDS 04/16/2004 THAWTE CONSULTING -849.00 MYCHAL FOWLDS 04/15/2004 B & H PHOTO-VIDEO.COM 497.45 PATRICIA FRY 04/16/2004 S & T OFFICE PRODUCTS 26.76 PATRICIA FRY 04/15/2004 DAVANNIS #9 31.39 VIRGINIA GAYNOR 04/12/2004 HEJNY RENTALS INC 311.82 MIKE GRAF 04/12/2004 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 04/13/2004 VERIZON WRLESSRCRK2RE3 62.42 KAREN E GUILFOILE 04/16/2004 GANDER MOUNTAIN 2.12 JODI HALWEG 04/12/2004 S & T OFFICE PRODUCTS 84.11 LORI HANSON 04/15/2004 SUN TURF METRO POWER 1,093.65 GARY HINNENKAMP 04/12/2004 PURE BLUE SWIM SHOP 460.95 RON HORWATH 04/12/2004 PTI CONFERENCE 385.00 STEVE HURLEY 04/12/2004 SUN COUNTRY 3372101132679 216.20 STEVE HURLEY 04/13/2004 NEXTEL WIRELESS SVGS 120.46 STEVE HURLEY 04/14/2004 AFS PC MALL 779.39 STEVE HURLEY 04/15/2004 KAM COM TECHNOLOGIES INC 850.94 STEVE HURLEY 04/13/2004 NEXTEL WIRELESS SVGS 38.83 ANN E HUTCHINSON 04/12/2004 WALGREEN 00016873 15.96 KEVIN JOHNSON 04/12/2004 PARTS ASSOCIATES INC 90.40 MICHAEL KANE 04/14/2004 TARGET 00011858 29.77 FLINT KARIS 04/15/2004 DOWNTOWNER CAR WASH 80.25 FLINT KARIS 04/15/2004 SIRCHIE FINGERPRINT LABS 88.74 FLINT KARIS 04/12/2004 WATER GEAR INC. 63.86 MARY B KOEHNEN 04/16/2004 KMART 00030346 33.91 MARY B KOEHNEN c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 7 04/15/2004 WORLD FOOTLOCKER #5032 41.28 TOMMY KONG 04/15/2004 BLUE RIBBON BAIT & TACKLE 5.59 HEATHER KOS 04/16/2004 ARBY'S #214 Q52 16.00 DAVID KVAM 04/12/2004 MILLS FLEET FARM #27 19.16 STEVE LUKIN 04/12/2004 EAT INC 10.60 STEVE LUKIN 04/13/2004 NEXTEL WIRELESS SVGS 705.10 STEVE LUKIN 04/14/2004 WASTE MANAGEMENT 235.70 STEVE LUKIN 04/14/2004 WASTE MANAGEMENT 118.59 MARK MARUSKA 04/14/2004 SUN TURF METRO POWER 1,093.65 MARK MARUSKA 04/16/2004 AMERICAN IRRIGATION 11.15 BRYAN NAGEL 04/16/2004 SUN TURF METRO POWER 1,458.20 JOHN NAUGHTON 04/15/2004 S & T OFFICE PRODUCTS 29.42 JEAN NELSON 04/15/2004 S & T OFFICE PRODUCTS 5.11 JEAN NELSON 04/12/2004 S & T OFFICE PRODUCTS 604.49 AMY NIVEN 04/14/2004 ROWS VIRTUE PRINTI 65.23 AMY NIVEN 04/12/2004 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 04/14/2004 HENRIKSEN ACE HARDWARE 7.63 ROBERT PETERSON 04/14/2004 MASUNE COMPANY 67.70 PHILIP F POWELL 04/14/2004 STRETCHERS POLICE EQUIPM 42.49 PHILIP F POWELL 04/16/2004 BRODART SUPPLIES 59.83 PHILIP F POWELL 04/15/2004 CONSOLIDATED PLASTICS CO 92.34 PHILIP F POWELL 04/12/2004 CATCO PARTS AND SERVICE 118.15 STEVEN PRIEM 04/12/2004 HENRIKSEN ACE HARDWARE 11.44 STEVEN PRIEM 04/12/2004 SUNRAY BTB 45.84 STEVEN PRIEM 04/14/2004 TOUSLEY FORD 127200039 88.55 STEVEN PRIEM 04/14/2004 TOUSLEY FORD 127200039 97.76 STEVEN PRIEM 04/14/2004 SUNRAY BTB 20.50 STEVEN PRIEM 04/14/2004 SUNRAY BTB 180.85 STEVEN PRIEM 04/14/2004 KATH AUTO PARTS 88.73 STEVEN PRIEM 04/14/2004 KATH AUTO PARTS -88.73 STEVEN PRIEM 04/15/2004 TOUSLEY FORD 127200039 1,417.71 STEVEN PRIEM 04/15/2004 KATH AUTO PARTS 5.73 STEVEN PRIEM 04/16/2004 KATH AUTO PARTS 25.39 STEVEN PRIEM 04/14/2004 THE TAPE COMPANY 77.90 KEVIN RABBETT 04/13/2004 SPARTAN PROMOTIONAL GRP 391.13 AUDRA ROBBINS 04/16/2004 HIRSHFIELD'S MAPLEWOOD 26.17 JAMES SCHINDELDECKER 04/14/2004 ARAMARK REF SVS #6013- 250.00 RUSSELL L SCHMIDT 04/14/2004 DAMS LOCK AND SAFE 21.78 PAULINE STAPLES 04/14/2004 FRATTALLONE'S ACE HDWE 8.29 RONALD SVENDSEN 04/12/2004 UNIFORMS UNLIMITED INC 53.14 RUSTIN SVENDSEN 04/12/2004 ZEP MANUFACTURING 68.26 RUSTIN SVENDSEN 04/12/2004 CRAWFORD DOOR SALES COMPA 169.00 RUSTIN SVENDSEN 04/13/2004 WALGREEN 00073882 95.98 RUSTIN SVENDSEN 04/14/2004 MENARDS 3059 15.85 RUSTIN SVENDSEN 04/12/2004 DALCO ENTERPRISES, INC 535.70 LYLE SWANSON 04/12/2004 ALL MAIN STREET ELECTRIC 384.00 LYLE SWANSON 04/12/2004 VIKING ELECTRIC ST PAUL 104.87 LYLE SWANSON 04/12/2004 DAMS LOCK AND SAFE 29.91 LYLE SWANSON 04/14/2004 ARMCOM DISTRIBUTING CO. 297.35 LYLE SWANSON 04/16/2004 DALCO ENTERPRISES, INC 544.98 LYLE SWANSON 04/15/2004 HIRSHFIELD'S MAPLEWOOD 21.82 LYLE SWANSON 04/13/2004 MENARDS 3059 75.48 TODD TEVLIN 04/13/2004 MENARDS 3059 86.62 TODD TEVLIN 04/16/2004 THE HOME DEPOT 2801 15.13 TODD TEVLIN 04/16/2004 THE HOME DEPOT 2810 42.54 TODD TEVLIN 04/16/2004 MENARDS 3059 12.44 TODD TEVLIN 04/12/2004 THE HOME DEPOT 2801 24.19 CHARLES J VERMEERSCH c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 8 04/12/2004 KINKO'S #0623 04/12/2004 VIKING OFFICE PRODUCTS 04/12/2004 CENTURY COLLEGE CONTINUIN 04/12/2004 CENTURY COLLEGE CONTINUIN 04/12/2004 CENTURY COLLEGE CONTINUIN 04/12/2004 CENTURY COLLEGE CONTINUIN 04/12/2004 VIKING OFFICE PRODUCTS 04/13/2004 PIZZA MAN 04/14/2004 QUILL CORPORATION 3.72 JOSEPH WATERS 40.16 SUSAN ZWIEG 35.00 SUSAN ZWIEG 35.00 SUSAN ZWIEG 35.00 SUSAN ZWIEG 35.00 SUSAN ZWIEG 29.73 SUSAN ZWIEG 36.25 SUSAN ZWIEG 59.83 SUSAN ZWIEG 23,518.80 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 9 Check Register City of Maplewood vchlist 04/30/2004 11:29:01 AM Check Date 63707 5/4/2004 Vendor 63708 5/4/2004 63709 5/4/2004 01048 3M 01048 3M 01908 ADMINISTRATION, DEPT OF 67310 5/4/2004 02106 63711 5/4/2004 00058 63712 5/4/2004 00111 63713 5/4/2004 03081 63714 5/4/2004 00152 63715 5/4/2004 00157 63716 5/4/2004 00174 63717 5/4/2004 02914 63718 5/4/2004 00198 63719 5/4/2004 00202 63720 5/4/2004 00230 63721 5/4/2004 00298 63722 5/4/2004 03080 63723 5/4/2004 02929 63724 5/4/2004 02777 63725 5/4/2004 00354 63726 5/4/2004 00384 63727 5/4/2004 02743 63728 5/4/2004 00415 63729 5/4/2004 00449 63730 5/4/2004 02419 63731 5/4/2004 00463 63732 5/4/2004 00499 63733 5/4/2004 01401 63734 5/4/2004 00529 63735 5/4/2004 00543 63736 5/4/2004 02945 ADVANCED BUSINESS SYSTEMS, INC. AICHELE, CRAIG ANIMAL CONTROL SERVICES INC AT&T CORP BANICK, JOHN BARR ENGINEERING CO BELDE, STAN BLUECROSS BLUESHIELD OF MN BOARD OF WATER COMMISSIONERS BOHL, JOHN BRYAN ROCK PRODUCTS, INC. CITY ENGINEERS ASSOC OF MN CLW LANDSCAPING LLC CNAGLAC CONTRACTOR REFINISHING SRV INC CUSTOM FIRE APPARATUS, INC. DE LACE LANDEN FINANCIAL SRVS DOBLAR, RICHARD DON'S PAINT & BODY SHOP EDEN SYSTEMS INC ELDREDGE TRADING INC EMERGENCY APPARATUS MAINT FAUST, DANIEL FIRST STUDENT INC FORTIS BENEFITS INSURANCE CO GE CAPITAL HEALTHEAST VEHICLE SERVICES 63737 5/4/2004 00668 HIEBERT, STEVEN 63738 5/4/2004 02237 IMPERIAL IMPRESSIONS 63739 5/4/2004 00718 INDEPENDENT SCHOOL DIST #622 63740 5/4/2004 02990 INSTANT INSTALL INC 63741 5/4/2004 00489 INTEREUM INC 63742 5/4/2004 03082 INTL NARCOTIC ENFORCEMENT 63743 5/4/2004 00785 KAMCOM TECHNOLOGIES 63744 5/4/2004 00902 M E M A 63745 5/4/2004 00945 MASYS CORP 63746 5/4/2004 01819 MCLEOD USA 63747 5/4/2004 02872 METLIFE SBC 63748 5/4/2004 00985 METROPOLITAN COUNCIL 63749 5/4/2004 02831 MJF MASONRY & CONCRETE INC 63750 5/4/2004 01044 MN FIRE SERVICE CERT BD Description/Account 3290 WHITE - 30" X 50 YDS 1178 BLACK - 30" X 50 YDS 3990 -WHITE -VIP 3/4" X 50 YDS TPM TRANSFER WHITE 9" X 50 YDS 1178 BLACK - 24" X 50 YDS PROJ 03-22 EASEMENT HARBOR BACKUP -MAR WIDE AREA NETWORK - FEB HP PRINTER REPAIR REIMB FOR MILEAGE 4/14 - 4/22 PATROL & BOARDING FEES 4/17 - 4/23 EMERGENCY TELEPHONE CONNECTI REIMB FOR TUITION 06/03 - 03/04 MASTER PLAN FOR PRIORY PRESERVE K-9 HANDLER -MAY MONTHLY PREMIUM MONTHLY WATER UTILITIES REIMB FOR MEALS 4/22 3/4 MINUS ROCK MEMBERSHIP SPRINKLER SYS MAINT - 2004 LONG TERM CARE INSURANCE PAINT PLOW FLUTED KNOB COPIER LEASE REIMB FOR BOOKS & TUITION 2/25 - 4/7 REPAIR DAMAGED VEHICLE TRAINING COSTS WOMENS POLO UNIFORMS REPAIR AMB MEDIC 2 REIMB FOR MEALS 4/20 - 4/22 BUS FEE STD PLAN 4043120-0-1 MAY MONTHLY LTD PREMIUM RICOH COPIER LEASE 4/13 - 5/12 REPAIR SQUAD #967 REF CV2181 BUILD NEW VEH #943 REPAIR SQUAD #945 REPAIR SQUAD #944 REPAIR SQUAD #949 REPAIR SQUAD #944 REPAIR SQUAD #962 REPAIR SQUAD #947 REPAIR SQUAD #945 REPAIR SQUAD #964 K-9 HANDLER -MAY VICTIM/WITNESS STMT FORMS BUILDING SUPERVISION BUILDING SUPERVISION BUILDING SUPERVISION LABOR FOR INSTALLATION OF WORK S 5 -HERMAN MILLER ACTION OFFICE 2 P 5 -HERMAN MILLER ACTION OFFICE 2 P DESIGN FEE 2004 MEMBERSHIP DUES PC AS QUOTED, AMD ATHLON PROC D ANNUAL PROGRAM & LUNCHEON 6/02 STRATUS MAINT -MAY PHONE SERVICE 3/16 - 4/15 MONTHLY DENTAL PREMIUM WASTEWATER -MAY STRUCTURAL REPAIR FF1 RECERTIFICATION Amount 799.23 1,821.15 990.49 105.44 383.40 1,500.00 1,336.83 392.00 75.00 49.50 840.41 150.45 810.00 562.00 35.00 107,347.50 935.49 22.33 168.66 60.00 440.00 819.32 348.55 8.30 511.20 649.83 134.84 9,358.95 2,829.00 838.15 60.98 255.25 1,297.93 2,060.75 293.94 202.98 2,884.09 55.00 82.50 55.00 55.00 104.32 248.60 367.01 55.00 35.00 363.17 63.75 198.75 30.00 5,204.66 43,525.18 5,477.08 595.07 40.00 9,119.17 30.00 738.68 2,031.38 7,310.07 157,490.20 3,675.00 15.00 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 10 Check Date Vendor Description/Account Amount 63751 5/4/2004 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,806.60 63752 5/4/2004 01088 MN POLLUTION CONTROL AGENCY RENEW WASTEWATER LIC 23.00 63753 5/4/2004 01149 NATURAL RESOURCES RESTOR INC PRESCRIBED BURN -PRESERVE 1,850.00 FIREBREAK PREPARATION - PRESERV 550.00 63754 5/4/2004 03083 NORTHERN TRAFFIC SUPPLY INC MESH VESTS 298.73 63755 5/4/2004 00001 ONE TIME VENDOR REF DANIEL BEDASO -AMB 01015276 489.00 63756 5/4/2004 00001 ONE TIME VENDOR REF MARK APPLETON -AMB 03015053 275.68 63757 5/4/2004 00001 ONE TIME VENDOR REF LAURIE SCHNEIDER - MMC PROG 95.00 63758 5/4/2004 00001 ONE TIME VENDOR REF JOAN STODGHILL -MCC PROGRA 95.00 63759 5/4/2004 00001 ONE TIME VENDOR REF SUSANN KRAEMER -PARKS PROG 80.00 63760 5/4/2004 00001 ONE TIME VENDOR REF CONNIE SHAND - NC PROGRAM 10.00 63761 5/4/2004 00001 ONE TIME VENDOR REF KENT NYE - NC PROGRAM 10.00 63762 5/4/2004 00001 ONE TIME VENDOR REF CHRIS CARROLL - NC PROGRAM 10.00 63763 5/4/2004 00001 ONE TIME VENDOR REF CHERYL STEINMUELLER - NC PRO 10.00 63764 5/4/2004 02043 OVERHEAD DOOR COMPANY GARAGE DOOR FOR PW BUILDING 6,848.00 63765 5/4/2004 01909 PARKOS CONSTRUCTION CO REPAIR ROOF 695.00 63766 5/4/2004 03047 PRO-TEC DESIGN INC AUDIO-VIDEO RECORDING SYSTEM FO 16,810.00 63767 5/4/2004 00396 PUBLIC SAFETY, DEPT OF CJDN QUARTERLY - 1ST QTR 1,920.00 CJDN QUARTERLY - 1ST QTR 1,350.00 63768 5/4/2004 00396 PUBLIC SAFETY, DEPT OF TRAINING REGISTRATION - 2 240.00 TRAINING REGISTRATION - 2 360.00 REGISTRATION FEE - 1 40.00 REGISTRATION FEE - 1 200.00 REGISTRATION FEE - 1 200.00 63769 5/4/2004 03008 RCM DATA CORP TALLY T8406 DUPLEX COLOR LASER- 7,300.15 63770 5/4/2004 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 554.77 63771 5/4/2004 01387 ROSSINI, DR. JAMES FITNESS PROGRAM -APR 100.00 63772 5/4/2004 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 217.15 MERCH FOR RESALE 216.24 STATION SUPPLIES 249.88 MERCH FOR RESALE 273.81 MERCH FOR RESALE 145.68 PROGRAM SUPPLIES 233.49 MERCH FOR RESALE 115.29 63773 5/4/2004 02467 ST PAUL LINOLEUM AND CARPET CO CARPET REPLACEMENT AT CITY HALL 4,657.00 63774 5/4/2004 01504 ST PAUL, CITY OF CRIME LAB - FEB 330.00 CRIME LAB -MAR 380.00 MEDICAL SUPPLIES 552.54 PROJ 03-04 WATER SERVICE 460.00 63775 5/4/2004 01500 ST. CLOUD STATE UNIVERSITY LEEDS TRAINING REGISTRATION - 1 675.97 63776 5/4/2004 01537 STREAMLINE DESIGN INC TEE SHIRTS WITH NUMBERS 1,581.25 REPLICA CAPS 1,306.25 63777 5/4/2004 01557 SUPERIOR FORD 2004 CROWN VICTORIA CARS 20,174.00 2005 CROWN VICTORIA CARS 20,174.00 2005 CROWN VICTORIA CARS 20,174.00 2005 CROWN VICTORIA CARS 20,174.00 2005 CROWN VICTORIA CARS 20,174.00 63778 5/4/2004 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 358.43 INK CARTRIDGES 128.87 INK CARTRIDGES 350.44 TONER CARTRIDGES 403.00 63779 5/4/2004 02686 TASER INTL BLACK X-26 TASER, DPM EXOSKELTON 26,722.81 63780 5/4/2004 01647 TRI-COUNTRY LAW ENFORCEMENT 2004 MEMBERSHIP DUES 60.00 63781 5/4/2004 02069 ULTIMATE DRAIN SERVICES INC PROJ 00-03 TELEVISING 270.00 63782 5/4/2004 02464 US BANK PAYING AGENT 10/2003 - 10/2004 158.13 63783 5/4/2004 03084 USSSA SB TEAM REGISTRATION 2,020.00 63784 5/4/2004 01876 WHAT WORKS INC FIRE DEPT STAFF RETREAT 3,850.00 63785 5/4/2004 01771 WHITE BEAR LAKE, CITY OF 2004 RAMSEY CTY GIS USER GROUP 3,320.00 79 Checks in this report Total checks : 572,470.69 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/22/04 04/23/04 04/22/04 04/23/04 04/23/04 04/23/04 04/23/04 04/26/04 04/23/04 04/23/04 04/27/04 04/28/04 04/26/04 04/23/04 04/23/04 04/23/04 04/26/04 04/26/04 04/26/04 04/26/04 04/27/04 04/27/04 04/27/04 04/28/04 04/29/04 04/29/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MSA/Dispatcher Unions MN State Treasurer MN State Treasurer ARC Administration TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Omni int 12,017.99 8,807.65 1,312.00 12,922.63 112, 534.22 47,534.08 21,659.78 16,020.50 20,804.12 208.00 19,965.23 20,379.07 2,033.64 296,198.91 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/23/04 CARDINAL, ROBERT 406.78 dd 04/23/04 JUENEMANN, KATHLEEN 358.00 dd 04/23/04 KOPPEN, MARVIN 358.00 dd 04/23/04 ROSSBACH, WILLIAM 358.00 dd 04/23/04 COLEMAN, MELINDA 3,792.88 dd 04/23/04 DARST, ROBERTA 1,499.68 dd 04/23/04 FURSMAN, RICHARD 4,629.25 dd 04/23/04 SWANSON, LYLE 1,614.50 dd 04/23/04 LE, SHERYL 3,699.76 dd 04/23/04 RAMEAUX, THERESE 2,197.61 dd 04/23/04 FAUST, DANIEL 3,857.98 dd 04/23/04 SCHMIDT, DEBORAH 1,348.44 dd 04/23/04 ANDERSON, CAROLE 957.54 dd 04/23/04 BAUMAN, GAYLE 2,954.86 dd 04/23/04 JACKSON, MARY 1,766.84 dd 04/23/04 KELSEY, CONNIE 744.34 dd 04/23/04 TETZLAFF, JUDY 1,766.84 dd 04/23/04 FRY, PATRICIA 1,639.64 dd 04/23/04 GUILFOILE, KAREN 2,701.07 dd 04/23/04 OSTER, ANDREA 1,713.07 dd 04/23/04 CARLE, JEANETTE 1,598.69 dd 04/23/04 FIGG, SHERRIE 1,133.99 dd 04/23/04 JAGOE, CAROL 1,641.93 dd 04/23/04 JOHNSON, BONNIE 1,021.31 dd 04/23/04 OLSON, SANDRA 394.35 dd 04/23/04 SCHACHT, BARBARA 1,013.56 dd 04/23/04 WEAVER, KRISTINE 1,715.76 dd 04/23/04 BANICK, JOHN 3,445.97 dd 04/23/04 CORCORAN, THERESA 1,551.64 dd 04/23/04 POWELL, PHILIP 2,156.41 dd 04/23/04 SPANGLER, EDNA 308.00 dd 04/23/04 THOMALLA, DAVID 3,817.59 dd 04/23/04 ABEL, GLINT 1,911.42 dd 04/23/04 ALDRIDGE, MARK 2,360.41 dd 04/23/04 ANDREWS, SCOTT 3,183.69 dd 04/23/04 BAKKE, LONN 2,350.83 dd 04/23/04 BELDE, STANLEY 2,519.43 dd 04/23/04 BIERDEMAN, BRIAN 1,833.22 dd 04/23/04 BOHL, JOHN 2,977.09 dd 04/23/04 BUSACK, DANIEL 2,181.10 dd 04/23/04 COFFEY, KEVIN 1,905.92 dd 04/23/04 GROTTY, KERRY 2,448.49 dd 04/23/04 DOBLAR, RICHARD 2,586.21 dd 04/23/04 ERASER, JOHN 2,264.08 dd 04/23/04 HEINZ, STEPHEN 2,360.59 dd 04/23/04 HIEBERT, STEVEN 2,678.44 dd 04/23/04 JOHNSON, KEVIN 3,540.18 dd 04/23/04 KARIS, FLINT 2,735.74 dd 04/23/04 KONG, TOMMY 2,290.54 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/23/04 KROLL, BRETT 1,911.42 dd 04/23/04 KVAM, DAVID 2,917.78 dd 04/23/04 CARSON, DANIEL 2,326.74 dd 04/23/04 LU, JOHNNIE 2,280.44 dd 04/23/04 MARINO, JASON 2,020.50 dd 04/23/04 MARTIN, JERROLD 2,250.14 dd 04/23/04 MCCARTY, GLEN 1,767.81 dd 04/23/04 METRY, ALESIA 1,929.60 dd 04/23/04 PALMA, STEVEN 2,731.48 dd 04/23/04 RABBETT, KEVIN 3,124.61 dd 04/23/04 STEEPEN, SCOTT 3,022.18 dd 04/23/04 SZCZEPANSKI, THOMAS 2,305.56 dd 04/23/04 THIENES, PAUL 2,388.54 dd 04/23/04 TRAN, JOSEPH 2,336.13 dd 04/23/04 WENZEL, JAY 2,274.72 dd 04/23/04 WINGATE, DAVID 1,552.39 dd 04/23/04 XIONG, KAO 1,947.78 dd 04/23/04 BARTZ, PAUL 2,703.97 dd 04/23/04 BERGERON, JOSEPH 3,128.96 dd 04/23/04 DUGAS, MICHAEL 2,015.14 dd 04/23/04 DUNN, ALICE 2,388.54 dd 04/23/04 ERICKSON, VIRGINIA 2,593.94 dd 04/23/04 EVERSON, PAUL 2,007.15 dd 04/23/04 FLOR, TIMOTHY 3,168.16 dd 04/23/04 HALWEG, JODI 1,905.04 dd 04/23/04 KATZMAN, BARBARA 1,630.04 dd 04/23/04 L'ALLIER, DANIEL 1,616.25 dd 04/23/04 LANGNER, SCOTT 553.38 dd 04/23/04 OLSON, JULIE 2,181.10 dd 04/23/04 PARSONS, KURT 2,122.47 dd 04/23/04 PIKE, GARY 2,181.10 dd 04/23/04 BECKER, SHANE 1,803.09 dd 04/23/04 CHRISTENSEN, CHARLES 540.27 dd 04/23/04 DAWSON, RICHARD 1,823.18 dd 04/23/04 DUELLMAN, KIRK 1,790.44 dd 04/23/04 FITZGERALD, EDWARD 1,022.64 dd 04/23/04 GJERTSON, MARK 1,152.72 dd 04/23/04 GRILL, CARL 372.24 dd 04/23/04 HEMQUIST, MICHAEL 3,843.99 dd 04/23/04 HJELLE, ERIK 1,386.78 dd 04/23/04 JOHNSON, DOUGLAS 1,810.08 dd 04/23/04 KNAPP, BRETT 1,486.00 dd 04/23/04 KUSKEY, JOSEPH 1,312.86 dd 04/23/04 MELANDER, BOBBIE 168.12 dd 04/23/04 MELANDER, SCOTT 326.22 dd 04/23/04 NOVAK, JEROME 1,803.54 dd 04/23/04 OPHEIM, JOHN 1,698.00 dd 04/23/04 PETERSON, MARK 900.40 dd 04/23/04 PETERSON, ROBERT 1,867.44 dd 04/23/04 REYNOSO, ANGEL 1,969.29 dd 04/23/04 ROBERTSON, STEVEN 802.45 dd 04/23/04 SVENDSEN, RONALD 1,878.84 dd 04/23/04 GERVAIS-JR, CLARENCE 2,501.66 dd 04/23/04 FEHR, JOSEPH 2,867.00 dd 04/23/04 FLAUGHER, JAYME 1,824.98 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/23/04 JACKSON, LINDA 1,595.03 dd 04/23/04 LAFFERTY, WALTER 2,006.93 dd 04/23/04 LINN, BRYAN 1,684.44 dd 04/23/04 PACOLT, MARSHA 2,142.40 dd 04/23/04 RABINE, JANET 2,139.24 dd 04/23/04 SCHAULS, ADAM 68.00 dd 04/23/04 STAHNKE, JULIE 2,370.80 dd 04/23/04 LUKIN, STEVEN 3,353.68 dd 04/23/04 SVENDSEN, RUSTIN 2,678.00 dd 04/23/04 ZWIEG, SUSAN 1,882.72 dd 04/23/04 DOLLERSCHELL, ROBERT 266.30 dd 04/23/04 AHL, R. CHARLES 4,045.84 dd 04/23/04 NIVEN, AMY 1,147.54 dd 04/23/04 PRIEFER, WILLIAM 2,462.94 dd 04/23/04 WEGWERTH, JUDITH 1,715.29 dd 04/23/04 BRINK, TROY 1,586.84 dd 04/23/04 DEBILZAN, THOMAS 1,795.14 dd 04/23/04 EDGE, DOUGLAS 1,816.04 dd 04/23/04 JONES, DONALD 1,791.64 dd 04/23/04 KANE, MICHAEL 2,722.50 dd 04/23/04 LUTZ, DAVID 1,810.49 dd 04/23/04 MEYER, GERALD 1,867.33 dd 04/23/04 NAGEL, BRYAN 1,961.87 dd 04/23/04 OSWALD, ERICK 1,971.87 dd 04/23/04 TEVLIN, TODD 1,808.11 dd 04/23/04 CAVETT, CHRISTOPHER 3,056.22 dd 04/23/04 DUCHARME, JOHN 2,230.84 dd 04/23/04 ENGSTROM, ANDREW 1,453.24 dd 04/23/04 JACOBSON, SCOTT 1,453.24 dd 04/23/04 LINDBLOM, RANDAL 2,233.07 dd 04/23/04 MURRA, AARON 199.75 dd 04/23/04 PECK, DENNIS 2,576.47 dd 04/23/04 PRIEBE, WILLIAM 2,279.29 dd 04/23/04 SCHACHT, ERIN 2,166.04 dd 04/23/04 VERMEERSCH, CHARLES 2,065.24 dd 04/23/04 ANDERSON, BRUCE 3,764.03 dd 04/23/04 CAREY, HEIDI 1,896.44 dd 04/23/04 HALL, KATHLEEN 1,715.29 dd 04/23/04 MARUSKA, MARK 2,513.20 dd 04/23/04 NAUGHTON, JOHN 1,546.84 dd 04/23/04 SCHINDELDECKER, JAMES 1,788.27 dd 04/23/04 BIESANZ, OAKLEY 1,329.00 dd 04/23/04 HAYMAN, JANET 1,270.59 dd 04/23/04 HUTCHINSON, ANN 2,092.14 dd 04/23/04 KOS, HEATHER 494.00 dd 04/23/04 NELSON, JEAN 1,019.00 dd 04/23/04 SEEGER, GERALD 517.52 dd 04/23/04 GAYNOR, VIRGINIA 1,881.24 dd 04/23/04 EKSTRAND, THOMAS 2,740.62 dd 04/23/04 KROLL, LISA 1,096.68 dd 04/23/04 LIVINGSTON, JOYCE 950.56 dd 04/23/04 SINDT, ANDREA 1,554.04 dd 04/23/04 THOMPSON, DEBRA 632.82 dd 04/23/04 YOUNG, TAMELA 1,378.84 dd 04/23/04 PINWALE, SHANN 2,126.04 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/23/04 ROBERTS, KENNETH 2,430.43 dd 04/23/04 CARVER, NICHOLAS 2,415.48 dd 04/23/04 FISHER, DAVID 2,966.43 dd 04/23/04 MENNENGA, JOHN 988.00 dd 04/23/04 RICE, MICHAEL 1,456.44 dd 04/23/04 SWAN, DAVID 1,810.04 dd 04/23/04 KONEWKO, DUWAYNE 2,548.44 dd 04/23/04 ANZALDI, MANDY 598.50 dd 04/23/04 BJORK, ALICIA 97.88 dd 04/23/04 BJORK, BRANDON 422.50 dd 04/23/04 FINN, GREGORY 1,917.13 dd 04/23/04 GRAF, MICHAEL 1,728.26 dd 04/23/04 HADDAD, JULIE 294.75 dd 04/23/04 KELLY, LISA 1,282.63 dd 04/23/04 OHLHAUSER, MEGHAN 183.75 dd 04/23/04 ROBBINS, AUDRA 1,783.14 dd 04/23/04 SHERRILL, CAITLIN 252.00 dd 04/23/04 TAUBMAN, DOUGLAS 2,639.27 dd 04/23/04 BREHEIM, ROGER 1,344.20 dd 04/23/04 NORDQUIST, RICHARD 1,829.58 dd 04/23/04 SCHULTZ, SCOTT 2,068.49 dd 04/23/04 CROSSON, LINDA 2,338.51 dd 04/23/04 FONTAINE, ANTHONY 746.13 dd 04/23/04 HEITHOFF, TREVOR 333.70 dd 04/23/04 LEIER, SARA 55.30 dd 04/23/04 MOY, PAMELA 392.67 dd 04/23/04 PELOQUIN, PENNYE 449.74 dd 04/23/04 SCHMIDT, RUSSELL 1,778.19 dd 04/23/04 STAPLES, PAULINE 2,720.85 dd 04/23/04 ABRAHAMSON, DANIEL 150.50 dd 04/23/04 ABRAHAMSON, REBECCA 103.48 dd 04/23/04 BENDTSEN, LISA 118.13 dd 04/23/04 BRENEMAN, NEIL 320.36 dd 04/23/04 CORNER, AMY 22.40 dd 04/23/04 EDSON, JAMIE 276.75 dd 04/23/04 ERICKSON, CAROL 45.00 dd 04/23/04 HALEY, BROOKE 106.05 dd 04/23/04 HORWATH, RONALD 1,783.14 dd 04/23/04 IRISH, GRACE 182.00 dd 04/23/04 JONES, LACEY 29.25 dd 04/23/04 KOEHNEN, AMY 64.05 dd 04/23/04 KOEHNEN, MARY 670.82 dd 04/23/04 KRONHOLM, KATHRYN 345.45 dd 04/23/04 LINDSTROM, AMANDA 184.95 dd 04/23/04 MARTINEZ, AMY 123.19 dd 04/23/04 MARUSKA, ERICA 164.80 dd 04/23/04 OTTESON, JANET 187.80 dd 04/23/04 OVERBY, ANNA 74.60 dd 04/23/04 SHAW, KRISTINA 111.00 dd 04/23/04 SMITH, ANN 18.00 dd 04/23/04 TUPY, HEIDE 101.85 dd 04/23/04 TUPY, MARCUS 357.38 dd 04/23/04 GROPPOLI, LINDA 375.75 dd 04/23/04 KURKOSKI, STEPHANIE 61.25 dd 04/23/04 VERNER, JEAN 40.00 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/23/04 BEHAN, JAMES 1,668.76 dd 04/23/04 CRAWFORD - JR, RAYMOND 173.90 dd 04/23/04 LONETTI, JAMES 959.73 dd 04/23/04 MILES, LAURA 53.20 dd 04/23/04 PATTERSON, ALBERT 976.36 dd 04/23/04 PRINS, KELLY 915.33 dd 04/23/04 REILLY, MICHAEL 1,614.80 dd 04/23/04 STEINHORST, JEFFREY 173.60 dd 04/23/04 AICHELE, CRAIG 1,803.48 dd 04/23/04 PRIEM, STEVEN 2,026.86 dd 04/23/04 BERGO, CHAD 2,071.54 dd 04/23/04 FOWLDS, MYCHAL 1,850.70 dd 04/23/04 HURLEY, STEPHEN 2,991.94 dd 04/23/04 ARNOLD, DAVID 0 dd 04/23/04 BECKER, RONALD 0 dd 04/23/04 BURKE, MYLES 0 dd 04/23/04 CAHANES, ANTHONY 0 dd 04/23/04 CLAUSON, DALE 0 dd 04/23/04 DREGER, RICHARD 0 dd 04/23/04 EASTMAN, THOMAS 0 dd 04/23/04 ELIAS, JAMES 0 dd 04/23/04 EMBERTSON, JAMES 0 dd 04/23/04 HALWEG, KEVIN 0 dd 04/23/04 MARTINSON, CAROL 0 dd 04/23/04 MEEHAN, JAMES 0 dd 04/23/04 MELANDER, JON 0 dd 04/23/04 MOESCHTER, RICHARD 0 dd 04/23/04 MORELLI, RAYMOND 0 dd 04/23/04 NELSON, CAROL 0 dd 04/23/04 OSTROM, MARJORIE 0 dd 04/23/04 ROSSMAN, DAVID 0 dd 04/23/04 RYAN, MICHAEL 0 dd 04/23/04 SKALMAN, DON 0 dd 04/23/04 STAFNE, GREG 0 dd 04/23/04 STOCKTON, DERRELL 0 dd 04/23/04 URBANSKI, HOLLY 0 dd 04/23/04 VIETOR, LORRAINE 0 dd 04/23/04 VORWERK, ROBERT 0 dd 04/23/04 WINGER, DONALD 0 wf 97154 04/23/04 MONAHAN-JUNEK, JACQUELINE 358.00 wf 97155 04/23/04 INGVOLDSTAD, CURTIS 112.50 wf 97156 04/23/04 JAHN, DAVID 1,658.31 wf 97157 04/23/04 MALDONADO, JUANA 694.78 wf 97158 04/23/04 MORIN, TROY 221.00 wf 97159 04/23/04 MATHEYS, ALANA 1,847.41 wf 97160 04/23/04 GENNOW, PAMELA 191.75 wf 97161 04/23/04 HANSEN, LORI 1,598.84 wf 97162 04/23/04 PALANK, MARY 1,755.02 wf 97163 04/23/04 RICHIE, CAROLE 1,817.13 wf 97164 04/23/04 SVENDSEN, JOANNE 1,813.77 wf 97165 04/23/04 SHORTREED, MICHAEL 4,146.36 wf 97166 04/23/04 STEINER, JOSEPH 453.00 wf 97167 04/23/04 WELCHLIN, CABOT 2,789.84 wf 97168 04/23/04 ACOSTA, MARK 836.52 wf 97169 04/23/04 AMBORN, JASON 1,270.83 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97170 04/23/04 ANDERSON, BRIAN 1,808.76 wf 97171 04/23/04 BAHL, DAVID 1,740.91 wf 97172 04/23/04 BAUMAN, ANDREW 1,282.80 wf 97173 04/23/04 BOURQUIN, RON 2,074.83 wf 97174 04/23/04 BUCHE, JOETTE 1,946.82 wf 97175 04/23/04 BUSCH, STEVEN 302.19 wf 97176 04/23/04 CAHILL, CHRISTOPHER 1,100.53 wf 97177 04/23/04 CAPISTRANT, JOHN 1,152.72 wf 97178 04/23/04 CAVE, GEORGE 1,899.24 wf 97179 04/23/04 CRAWLEY, BRIAN 518.00 wf 97180 04/23/04 CROMETT, MARK 1,756.96 wf 97181 04/23/04 DIETZ, EDWARD 2,089.35 wf 97182 04/23/04 DITTEL, MICHAEL 1,298.62 wf 97183 04/23/04 DOREE, KURT 1,152.60 wf 97184 04/23/04 DUELLMAN, AMY 1,222.63 wf 97185 04/23/04 DUELLMAN, JOSEPH 520.32 wf 97186 04/23/04 FASULO, WALTER 1,516.75 wf 97187 04/23/04 FETTERS, JEFFREY 2,295.37 wf 97188 04/23/04 GERARD, JAMIE 2,123.16 wf 97189 04/23/04 HAKSETH, NATHAN 1,436.52 wf 97190 04/23/04 HALE, JOSEPH 1,336.89 wf 97191 04/23/04 HALWEG, KEVIN 168.12 wf 97192 04/23/04 HASKINS, KEVIN 2,053.35 wf 97193 04/23/04 HEFFERNAN, PATRICK 1,708.90 wf 97194 04/23/04 HERLUND, RICK 2,341.39 wf 97195 04/23/04 HUSNICK, ROBERT 138.00 wf 97196 04/23/04 HUTCHINSON, JAMES 1,464.93 wf 97197 04/23/04 KALKA, THOMAS 1,428.82 wf 97198 04/23/04 KANE, ROBERT 1,797.18 wf 97199 04/23/04 KARNOWSKI, SANDRA 2,179.44 wf 97200 04/23/04 KOEHN, CORY 994.62 wf 97201 04/23/04 KONDER, RONALD 1,394.63 wf 97202 04/23/04 KORTUS, WILLIAM 776.37 wf 97203 04/23/04 KUMMER, CORINNE 1,270.83 wf 97204 04/23/04 L'ALLIER, TED 760.44 wf 97205 04/23/04 CARSON, SHANNON 482.28 wf 97206 04/23/04 LIDBERG, MICHAEL 551.24 wf 97207 04/23/04 LINN, BRYAN 724.44 wf 97208 04/23/04 LOCHEN, MICHAEL 1,827.13 wf 97209 04/23/04 MALLORY, CORDON 1,884.72 wf 97210 04/23/04 MARTY, MARK 4,050.13 wf 97211 04/23/04 MCGOVERN, JOHN 1,246.80 wf 97212 04/23/04 MELANDER, JON 1,676.50 wf 97213 04/23/04 MELLEN, RICHARD 1,919.16 wf 97214 04/23/04 MEYERS, PAUL 32.01 wf 97215 04/23/04 MILLER, NICHOLAS 1,284.84 wf 97216 04/23/04 MONK, JOHN 418.26 wf 97217 04/23/04 NALIPINSKI, STEPHEN 1,324.69 wf 97218 04/23/04 NOLAN, PAUL 1,088.58 wf 97219 04/23/04 NOWICKI, PAUL 962.00 wf 97220 04/23/04 PLANK, DANIEL 628.41 wf 97221 04/23/04 RICE, DANIEL 850.00 wf 97222 04/23/04 RIDER, JEFFREY 1,751.16 wf 97223 04/23/04 RINDAL, DONALD 1,616.97 wf 97224 04/23/04 ROMANIK, JAMES 1,681.11 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97225 04/23/04 SACKETT, JAMES 1,314.78 wf 97226 04/23/04 SCHADT, JEFFREY 1,218.66 wf 97227 04/23/04 SCHOENECKER, THOMAS 126.09 wf 97228 04/23/04 SCHULTZ, THOMAS 1,124.70 wf 97229 04/23/04 SEDLACEK, JEFFREY 1,266.72 wf 97230 04/23/04 SEVERSON, DAVID 252.18 wf 97231 04/23/04 SINGER, SCOTT 492.30 wf 97232 04/23/04 SKOK, STEPHEN 1,156.57 wf 97233 04/23/04 SMITH, RICHARD 1,334.85 wf 97234 04/23/04 SOLHEID, DALE 774.45 wf 97235 04/23/04 STELLA, JAMES 2,147.43 wf 97236 04/23/04 TRONNES, JOHN 1,082.28 wf 97237 04/23/04 WATERS, JOSEPH 1,948.74 wf 97238 04/23/04 WHITE, JOEL 908.52 wf 97239 04/23/04 FREBERG, RONALD 1,820.09 wf 97240 04/23/04 EDSON, DAVID 1,820.09 wf 97241 04/23/04 HELEY, ROLAND 1,822.31 wf 97242 04/23/04 HINNENKAMP, GARY 1,796.84 wf 97243 04/23/04 LINDORFF, DENNIS 1,790.49 wf 97244 04/23/04 NOVAK, MICHAEL 1,669.24 wf 97245 04/23/04 BERGREN, KIRSTEN 22.00 wf 97246 04/23/04 GERNES, CAROLE 363.75 wf 97247 04/23/04 SOUTTER, CHRISTINE 303.75 wf 97248 04/23/04 ANZALDI, KALI 387.75 wf 97249 04/23/04 FREYBERGER, RACHEL 162.00 wf 97250 04/23/04 GEBHARD, MADELINE 294.75 wf 97251 04/23/04 GOODRICH, CHAD 68.00 wf 97252 04/23/04 HJELMGREN, NICOLE 136.69 wf 97253 04/23/04 SHOBERG, KART 76.31 wf 97254 04/23/04 WERNER, KATIE 195.50 wf 97255 04/23/04 GERMAIN, DAVID 1,794.93 wf 97256 04/23/04 HAAG, MARK 1,669.24 wf 97257 04/23/04 NADEAU, EDWARD 2,722.50 wf 97258 04/23/04 BROWN, LAURIE 114.00 wf 97259 04/23/04 DISKERUD, HEATHER 163.50 wf 97260 04/23/04 GLASS, JEAN 1,641.24 wf 97261 04/23/04 TOLBERT, FRANCINE 238.00 wf 97262 04/23/04 UNGER, MARGARET 521.20 wf 97263 04/23/04 WEISMANN, JENNIFER 332.78 wf 97264 04/23/04 ANDERSON, CALEB 297.98 wf 97265 04/23/04 BOTHWELL, KRISTIN 210.29 wf 97266 04/23/04 BRIN, LAUREN 55.25 wf 97267 04/23/04 DEMPSEY, BETH 21.60 wf 97268 04/23/04 DUNN, RYAN 536.93 wf 97269 04/23/04 FENCER, JUSTIN 28.18 wf 97270 04/23/04 FONTAINE, KIM 530.36 wf 97271 04/23/04 GRANT, MELISSA 159.30 wf 97272 04/23/04 GRUENHAGEN, LINDA 414.60 wf 97273 04/23/04 HOULE, DENISE 66.90 wf 97274 04/23/04 JOHNSON, ROBERT 632.80 wf 97275 04/23/04 OLSON, MARGRET 40.80 wf 97276 04/23/04 PEHOSKI, JOEL 136.90 wf 97277 04/23/04 PROESCH, ANDY 253.13 wf 97278 04/23/04 RENSTROM, KEVIN 101.20 wf 97279 04/23/04 RODEN, JASON 62.90 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97280 04/23/04 SCHOENECKER, SAMANTHA 164.13 wf 97281 04/23/04 SMITLEY, SHARON 207.00 wf 97282 04/23/04 WARNER, CAROLYN 138.00 wf 97283 04/23/04 WEDES, CARYL 134.70 wf 97284 04/23/04 WELTER, ELIZABETH 251.98 wf 97285 04/23/04 WHITE, NICOLE 183.73 wf 97286 04/23/04 WOODMAN, ALICE 62.10 wf 97287 04/23/04 BOSLEY, CAROL 262.65 wf 97288 04/23/04 BREITBACH, GARY 1,060.50 wf 97289 04/23/04 HANSEN, ANNA 63.75 wf 97290 04/23/04 KELLY, MICHAEL 168.00 wf 97291 04/23/04 NORLIN, AMANDA 30.00 wf 97292 04/23/04 ODDEN, JESSICA 73.13 wf 97293 04/23/04 OIE, REBECCA 13.00 wf 97294 04/23/04 QUINN, KELLY 51.00 wf 97295 04/23/04 RISER, LABEIGHA 99.90 wf 97296 04/23/04 BATTLER, MELINDA 12.00 wf 97297 04/23/04 SCHUELLER, JAY 357.00 wf 97298 04/23/04 VAN HALE, PAULA 136.90 wf 97299 04/23/04 WILLIAMSON, MONIQUE 83.25 wf 97300 04/23/04 COLLINS, ASHLEY 68.28 wf 97301 04/23/04 DOUGLASS, TOM 931.56 wf 97302 04/23/04 HER, CHONG 201.85 wf 97303 04/23/04 NAGEL, BROOKE 86.45 wf 97304 04/23/04 NEWCOMB, GENNA 28.58 wf 97305 04/23/04 O'GRADY, ZACHARY 116.38 wf 97306 04/23/04 RHODE, ERIC 99.40 wf 97307 04/23/04 RICHTER, MICHAEL 25.40 wf 97308 04/23/04 RYDEEN, ARIEL 204.79 wf 97309 04/23/04 SCHULZE, BRIAN 468.00 wf 97310 04/23/04 VANG, CIA 88.90 wf 97311 04/23/04 VERDELL, TRAQUEZ 129.68 wf 97312 04/23/04 WILLIAMS, NICK 44.45 wf 97313 04/23/04 ZIEMER, NICOLE 306.70 wf 97314 04/23/04 MULVANEY, DENNIS 1,967.73 515,972.76 c:\My Documents\Excel\Miscellaneous\04-AprClms 04-23 and 4-30 20 Agenda #G2 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Planner Conditional Use Permit Review Frontline Church 2055 White Bear Avenue April 27, 2004 INTRODUCTION The conditional use permit (CUP) for Frontline Church at 2055 White Bear Avenue is due for review. This CUP is for a church to operate in an existing commercial building. Refer to the maps on pages three through six and the city council minutes starting on page eight. BACKGROUND On May 12, 2004, the city council approved the following for a conditional use permit (CUP) for a church to operate in the existing office/warehouse building at 2055 White Bear Avenue. (See the property line/zoning map on page four and the other maps on pages five through seven.) The CUP for this church was subject to five conditions of approval. DISCUSSION The church moved into the building in July 2003 and they have been using this location ever since then. I am not aware of any problems with the church or the site. The city council should review this permit again in one year. This review will give staff, the church and the property owner a chance to ensure that the church is meeting all city ordinances and all the conditions of approval. RECOMMENDATION Review the conditional use permit (CUP) for the Frontline Church at 2055 White Bear Avenue again in one year or sooner if the church or the owner proposes a major change to the site. REFERENCE INFORMATION SITE DESCRIPTION Site size: 8.8 acres Existing land use: Existing office/warehouse building SURROUNDING LAND USES North: Vacant property planned and zoned M-1 (light manufacturing) South: DNR Gateway Trail West: A single dwelling and Excel Air across Prosperity Road East: Maplewood Community Center across White Bear Avenue PLANNING Zoning: M-1 (light manufacturing) ORDINANCE REQUIREMENTS Section 36-437(3) requires a CUP for churches and for places of worship. p:sec15\frontline church CUP review - 2004.doc Attachments: 1. Location Map 2. Property Line2oning Map 3. Area Map 4. Floor Plan 5. Proposed Floor Plan 6. 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I ~ ~ ~ _ m -"'~' ~~2044'~ 't/ °~~ 1665~~.6s., o,~ NR TRAIL - _ ' IW- ~r ~ NM.. ilt AL 9'6b9_O r 147.6 /~ ° a E ,n %.~'' CaREAT LAKE6 IPE LINE "1 c` _ __~ o•~ ~,•• 24~1J 57.5J) 'M , .~ .. ~. t J OT E 5~ y ~ I 5 T. b~~ /~ ~ l14) 1~ • ih :I ~' ~ ^ of M .d ~ ~I ti ily ti ~3 Trect / 2032 ; ~? ~ .~ ~ " co ~I ^ ^I °° ~I °° ~ ~ 1 ~ 01 c ~ •I (I) 6 T, 8 • I 2019 ~ ~ -i ~ I :°- -I ~ "-' ~ ~I ~ 'I ~ ~ ~ ~~ 1721 ~.- 'Z% ~ _l ~~ ' ~ ~-ROSEWOOD -~-- AVE. ~_ r _ %_~ 91 _-~;,.y,_- ~ '~' -/ 2 '3B ` I\ 5! \O~ m r Izo o •• I ~ I to a .az °' 17313 rl :~~~ - ~ !V_ \F' /~ la 6 5 I 4 I 3 I 2 $I 1 1 ~~ 5 cf ~ ~~' /~ 3 (37. (I~) `~~ a (41) I (40) I (39 I 138/ (37, L36) .°n i - ~Se~~- _~.:_._ iae.s , lZb.21 r l ~~ ° 2 ~ (4~) ~ (~3~~a~;~~T;s ` I (t:j I ;.~ ; m '~ 1732 Os) : `~ 12 N '° (~/ ''^ c 7 ~ 8 I 9 I Ib ~ t I o°I .. 12 .y.•~,. -I I_ j '' v ~ ~~ ~'~ 4, 4 ~ ~ 120 1 loo '•5 A 3(11)~~ ° loo goo tl .59 ~ t^• 3 °1 '+ 0 ' ;:H'~~ . "~; y ,~~ R ROSEWOOD -- -cs~•~---AVE.S ~ o, j4, ~ , , , ~ o~ _ I I to ~' / o Sol ! 1ne - ° ° 119; ~ ~ ro ~0 9 n_ 23 I 22 I 21 I 20 I 19 I 18 I 17 I ~~~' T~o IS (i, ~~%~/ .i~. ~a ~ (49) a I ~\ 5 ~ O : (ZS)11 t2Y) (zj) I (zz) I (z,'~ I ;2~. ' l'19 It -~ ~as~loe.a~, ~-r'~) ~ 3 ~T Z ~ r ~ 'sj ~r~ I'L IZ3e~l~~ s I.,._'~- C_~b.zj ~y ze~.o PROPERTY LINE /ZONING MAP 4 4 N ~r ~r - `tsJ `Lt LJ 1654 16®0 167 178 16822155 1726 173'1 17 1 1758 1764 1774 tt Chm n 3 4 1'~ 1655 1 1 4875 O 37 17-31, ri~37 747 ~ 1765 1771 0 1800 Cl D ~ ~J lt~-J~ ~,. BURKE AVE E ~ ~~21 1 ~PJ 0 0 0 ~ ~Q~~ ~O Q \/ 0 00 0 2060 1706 BURKE AVE E ui~u H -~ J 0 S 1~ ^ ts~ d '~ ,o a ~ ROSEWOOD AVE N ~ ~ C7LJ 1~ -~I ~ ~] ~ ROSEWOOD AVE S Z Z Y 1 ~~ G~ ~AY Tj~A1L o -`~`.~~ O 721 1731 7 11 1712 O O 1726 17 1981 ^ 958 1 1937 AREA MAP 5 ~~ ~Q. 2100 ~,~~ ~G ~J G~~ Z Q W m 2~ 's= 0 0 1997 1732 O 1 ~ 1~ 195b^ ~,J O / ' ~~ ~"~ f1 2 Attachment 4 3 w ~~ ~ W \ SOBRIETY HIGH SCHOOL` ~ \ ,\ ~ ~, ~~~;~~ ~~ ,'' ~~~~ ~, ~~~\~ Q W \ ~ F r ~~~\~\ PARKING LOT ~~ ~~ ~~:~ T I PROPOSED CHURCH AREA r rROf'OG<+L FoR FROI~rruNE CHURCH ~~JI ~ C~ OUT2EFlCH l.,EniT~P_ 2 ~}~'J WHITE ~EAk AVENUE r s I ~_ Z X Z W "+ ~y 'W- ,7 G U ~ ~ 2 W W Q ~ F- O ~ ~ ~ U ~ X l.y ~ J W F- X lL FLOOR PLAN 6 4 N Attachment 5 w ~\ J F $ O Z ~- \~ Z \ $A ~'~ i ; ~ ~~ ~~` i ~ ~ i ~~ '~~" w ~ ~ , ; ~ ~, m I j I ~ W W P ~ 1' ( - ~- ~ F 2 ~o ~ ~ ~p~ 3 ~ F u $ ~ F a i i ~ ~ o W j z t D o~ I ~'Ii~ ~~ a 1 I ~, I a ~ ~ . i /~ I I ~ > ~ ~ Uuu1 4 J j ~f) __ r __ J w ~ 1 ? LZ i/ Ong ~ ~ ~~ ~" a ~ ~~ _ d o / 0~ N =g s~ w~ ~% ~~` ~~, ~ F \~ ~ w° N ~ ~ F F oWi v $ -` 9 C Y F- 3 ~ ~ m X i A 2~ ~ m F W Q wg z$ V ~ ~ y~ ~~ 3 ~ S ` ~ ~ RrcoosnL Fae ~NTLwE CMURLII w ,n b 2D55 WHITE EAR A~GJUE r w 8 ~ W W ~ ~ >¢ 3 ;, 11,530 5n. FEEr PROPOSED FLOOR PLAN 4 N Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M., Monday, May 12, 2003 Council Chambers, Municipal Building Meeting No. 03-09 6. 8:27 p.m. Frontline Church Conditional Use Permit (2055 White Bear Avenue) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Rossbach presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Bill Arrigoni, 1394 Hilltop Ridge, Houlton, WI e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution for the conditional use permit for Frontline church to operate in the building at 2055 White Bear Avenue. Maplewood bases this permit on the findings required by the code and subject to the following conditions: RESOLUTION 03-05-080 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Bill Arrigoni, representing Frontline Church, is requesting that Maplewood approve a conditional use permit for a church to operate in an existing office/warehouse building. WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal description is: SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING; THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT 6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15-29-22-11-0050) WHEREAS, the history of this conditional use permit is as follows: 1. On April 21, 2003, the planning commission recommended that the city council approve this permit. 8 City Counci105-12-03 2. On May 12, 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 TT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood'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. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. Approval is subject to the following conditions: All construction shall follow the plans dated March 26, 2003, as approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. The church shall meet the requirements of the city building official and the fire marshal. In addition, city staff shall determine the maximum capacity of the church upon review of the final floor and building plans. 4. The property owner or manager shall sweep and restripe the parking lot before the church occupies their space. City Counci105-12-03 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All 10 City Counci105-12-03 Agenda # G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 4, 2004 RE: Food Permit Approval and Waiver of Fee Introduction Boy Scout Troop 187 is having a their annual fund raiser garage sale at Arlington Hills United Methodist Church located at 759 East County Road B. The event will be held on Saturday, May 22nd. In conjunction with the rummage sale, the Troop is requesting a food permit to sell hot dogs, candy bars and pop to raise additional funds. Background The Troop will rely on donations from the community and church congregation for items to include in their sale. The proceeds raised from the garage sale and from the sales of food will be used to support members of the Troop to go to camp. They are requesting that the City waive the $47.00 permit fee as has been done in past years. Recommendation It is recommended that the City Council approve the miscellaneous permit to sell food at Arlington Hills United Methodist Church and to waive the $47.00 permit fee. AGENDA #G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 4, 2004 RE: Miscellaneous Permits -Ramsey County Fair Joe Fox, Ramsey County Fair Manager, has applied for various permits for the Ramsey County Fair that will be held from July 14 through the 18th Below are the hours of operation: July 14 and July 15 - 5:00 p.m. to 10:30 p.m. July 16 and July 17 - 12:00 noon to 12:00 midnight July 18 - 12:00 noon to 9:30 p.m. Music (live bands) will end by 10:30 p.m.. Fireworks will be held on Friday, July 16 based on the approval of Fire Marshal Gervais and the State Department of Conservation. City code states that a permit for an itinerant carnival can only be given after Council approval. In addition, the application includes temporary 3.2 beer and temporary gambling licenses by the St. Paul East Parks Lions Club, 1821 North Myrtle, Street. Resolution for the temporary gambling (bingo) follows: RESOLUTION 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. Ramsey County Fair Board has requested that the City waive the fees for the aforementioned permits, as has been prior council practice. Agenda G5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: April 26, 2004 for the May 10, 2004 City Council Meeting SUBJECT: MCC Bad Compressor The Maplewood Community Center has two York chillers, which in tum each have two compressor units. The chillers in effect are the air conditioning units for the community center. The community center opened in 1994 and the chillers are the original equipment. Last fall one of the four compressors failed and due to budget constraints, we delayed the replacement of the compressor through the winter season. As we approach the summer season, it is necessary to replace the failed compressor including the section filter, line dryer and dryer cores, as well as installation costs. There were three formal written quotes that we received, ranging from a low of $19,317 to a high of $38,453. Staff recommends that the low bid of Cramer Building Services be awarded in the amount of $19,317 to replace the failed compressor. The budgeted dollars will come from the community center equipment repair fund. Should you have any questions regarding the compressor replacement, feel free to contact me directly at ext. 2102. kh~COmpressor replacemerrt.mcc Memorandum To: Bruce Anderson Linda Crosson Jim Behan From: Pauline Staples Subj: York Chillers at the MCC Date: 2/23/2004 Bids were received to replace the bad compressor in the York Chiller at the Community Center and to remove and replace a valve upgrade kit from a failed compressor to another compressor. The bid includes supply and installation of a rebuilt York compressor, replace the suction filter, line drier and drier cores, provide rigging and crane services, remove valve upgrade from failed compressor and reinstall valve upgrade in one of the other compressors. Bid Prices were as follows: • Cramer Building Services $19,317.00 • Thermo-Dyne Inc. $38,453.00 • UHL Company $24,850.00 Not included in the prices above were Minnesota Sales Tax and a $2,000 core deposit and return shipping fee. Prices are guaranteed for 60 days only from February 18, 2004. Calendars are booking quickly with Spring projects for these companies. If we are to proceed with this major project we will need to book quickly with them so that the MCC is operational when warm weather approaches. Cramer Building Services PROPOSAL 5916 Pleasant Avenue South Mpls., Mn ss~ 1 sus iz-8s i-~zsz P-045771 Mr. Jim Behan Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 RE: Compressor ReplacementNalve Upgrade February 18, 2004 Dear Mr. Behan: The following is a quote to replace the bad compressor in the York Chiller at the Community Center and remove and replace a valve upgrade kit from failed compressor to another compressor. The scope of work will include: • Evaluate whether it was a mechanical or electrical failure • Supply and install a replacement Rebuilt York compressor (one-yeaz parts-only warranty, extended warranty available) • Replace the suction filter (if present), line drier and drier cores • Provide rigging and crane service (assumes up to three hours of crane service) • Remove valve upgrade kits from failed compressor and reinstall in one of the other compressors • Test run and log the unit We propose to complete the above scope of work on a time and materials basis at a cost not to exceed: nineteen thousand, three hundred and seventeen dollars ($19,317.00). • Price does not include applicable sales tax. • The price expires in 60 days. • Price does not include $2,000 core deposit and return shipping. • Price assumes isolation valves hold and refrigerant evacuation of system is not required. If you have any questions, please call me at 612-798-3078. Sincerely, Scott Williams Account Manager TR~WE Authorized Warranty Service Accepted By Date Prices include taxes. See reverse side for Terms and Conditions o(sale upon which this proposal is based. Cramer Building Services 5916 Pleasant Avenue South Mpls., Ml`I 5519/612-861-7232 PROPOSAL P-045772 Mr. Jim Behan Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 RE: Valve Upgrade Kit Installation Dear Mr. Behan: February 18, 2004 The following is a quote to install valve upgrade kits in two compressors on the York Chillers at the site. The scope of work will include: • Install three valve upgrade kits (York Part #36447667016) in each of two compressors (each kit upgrades two of the six valves) • Test run and log the unit We propose to complete the above scope of work on a time and materials basis at a cost not to exceed: four thousand, thirty-seven dollars ($4,037.00). • Price does not include applicable sales tax. • The price expires in 60 days. • Price assumes isolation valves hold and refrigerant evacuation of system is not required. If you have any questions, please call me at 612-798-3078. Sincerely, Scott Williams Account Manager TRANE Authorized Warranty Service Accepted By Date Prices include taxes. See reverse side for Terms and Conditions of sale upon which this proposal is based. FEB, 16. 2004 3:50PP~I THEP,i~dIO-DYNE N0. ?422 P, 1 Thermo Dyne, Inc. MANUFACTURERS REPRESENTATIVES •AlrConditioning-Refrigeration. Heating ventilation FAX TRANSMISSION DATE: 2-I6-04 TO: Map)<ewood Community Center- Attention: Jim Behan FROM: Steve Mettlirtg SUBJECT: Chiller Service Quote NO. PAGES: 2 a MESSAGE: with this fag is the service quote requested for the chiller rework needed. If you have any questions pYease contact me. I imagine that you need to get on this rigbi>i: away as spring is approaching fast. Thanks and have a great day. I4149 21ST Avenue North Plymouth, Minnesota 55447 Telephone: (763) 557-4900 • Fax: (763) 557-4916 FEB, lb, 2004 3:50PM THERI~IG-DYtdE N~~, 742 P. . • ~ Ot~tlO n Page 1 of 1 Project Name Maplewood Community Center Quote # Q22393-1 Attn Jim Behan Quote by Steve Nettling Customer Maplewood Community Center Quote Date 2/16/2004 2100 White Bear Avenue Revision Maplewood, MN 55109 Rev Dat® Phone: (651) 779-3555 Addend. Recd aty. Description Net Price FURNISH AND INSTALL A NEW REBUILT YORK COMPRESSOR MODEL JS64F-S46- 1505 AND REMOVE AND INSTALL THE NEW VALVE UPGRADE KIT FROM THE FAULTY COMPRESSOR TO ANOTWER COMPRESSOR IN THE YORK CHILLER MOD>=L # YCAJ77SU-646PA SERIAL # FBCM1000830ZZ393-144005 This quote covers all necessary parts, labor, and materials to complete the compressor changeout and rework of the valve plate change of the other compressor. Note: This quote does include a core deposit which is refunded to the customer based on the condition of the core and determined by York. The maximum core credit is $1675. DO FURNISH AND REPLACE NEW VALVE TOP HEAD OVERHEAD KITS IN QTY TilVO COMPRESSORS IN YORK CHILLER MODEL#YCA.177SU-646PASERlAL #F6CM100083 This price includes all labor, pads and service charges to install the two valve overhaul kits Note: The above work includes a startup and checkout of the chiller. Any other parts needed at the time of checkout other than as noted above and the labor to install the parts is not included in the quoted price. TOTAL 527,193.00 511,260.00 538,453.00 14149 21st Avenue North, Plymouth, MN 55447 (763) 557.4900 (800) 2794999 fax {763} 557~49~16 Terms: Net thirty (30) days subject to cred'R approval. All shipments are FOB Factory unless othervvise stated. This proposal is subject to change without notice and void alter thirty (30) days. This proposal does not include sales or use tax payable under any State or Federal statute unless otherwise stated. Atl warranties are by the equipment manufacturer. ' FEB. 12.2004 10~42AP9 UHL CO 763-425-7336 PJ0.677 P.JiJ ca. siNee ~ei~ 9065 ZACHnRY LANE N. MAPLE 4ROVE, MN 55369 ~ PHONE(763) 425.7228 ^ FAX (7A3) 425-7336 PROPOSAL Date; 2/10/04 TO: Maplewood Community Center 1830 E. Co. Rd. B Maplewood, MN 55109 PROJECT: Valve Upgrade Kit We propose to furnish the materials and/or perform the labor necessary to: Replace the valve plates in two compressors with the new head overhaul kits, The new kit utilizes wave springs while the old kits h$d traditional spring. 'These new kits are rated for 15,000 hours of operation, compared to 5000 hours on the older kits. Each kit includes the follow parts 2-discharge cage assemblies, 2-valves, 2-wave spxungs, 2-suction assemblies, 2-valves, 2-valves, 2-wave springs, head gasket and discharge manifold gaskets, The cwatomer will indicate which two compressors these kits should be installed in. All material is guaranteed to be as specified, and the above work to be completed is a substantial workmanlike manner for the sum of; X11,229.00 1~'T.EVEN THOUSAND TWO HUNbRED TW~1yTX_NINE AND NO/100 p_OLLAH5 Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and wzll become as extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. C+~uvner to cagy fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by o y, Inc. J Respectfully submitted Darrell Blazevic NOTE: This proposal may be withdrawn by us if not accented within 60 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are sati.a£actory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Accepted Name (print) Date _ _ Title: FEB. 12.2004 10~42AM UHL CG 763-425-7336 N0.677 P.2/3 CD. SINCE 191.7_ 809b 2ACNARY LANE N. MAPLE GROVE, MN 55369 ^ PHONE(793) 425-7826 ^ FAX (763) A25.7338 PltO~'OSAL #80503,01 Date: 2/I 1/04 TO: Maplewood Community Center 1830 E. Co. Rd. B Maplewood, MN 55109 PROJECT: Compressor Replacement We propose to furnish the materials and/or perform the labor necessary to; Replace the bad compressor with a rebuilt Xorlc'compressor. This proposal includes a boom truck to reruove and install the nevv compressor, Note this proposal also includes the removal of the new Ya1ve Upgrade Kit, which was recently installed in the compressor that failed. These parts will be placed itt one of the other three, compressors (customer must trrdicate which compressor). This proposal• does root imelude the core deposit o£ $1,675.00, which is refundable upon receipt of a reusable core. Note: The warranty is provided by the manufacturer and does not include labor, It is a 1-year warranty; an extended warranty is an available, All material is guaranteed to be as specified, and the above work to be completed in a substantial workmanlike matuaer for the sum of; X4,850.00 TWENTY FOUR TIiOUSAND EIGY~T HUNDREA F~F7~ ANb N'O/100 DOLI.~ARS Any alteration or deviation from above specif cations involving extra costs, rxrill be executed only upon writCen orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work, Workmen's Compensatiorx and Public Liability Insurance on above work to be taken out by Uhl y c. Respectfully submit4ed Darrell Blazerric Account Manager NOTE: This uroposal may be ovithdrawn 6v us if not accented within 60 da~-s. ACCEPTANCY+1 OF I;'ROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized to do work as specified, Payment will be made as outlined above. Accepted Name (print) Dsto Title: ~~: REQUISITION Names of Bidders MINNESOTA CITY OF MAPLEWOOD , ' C~~°6 ~k~~n9 ~h~?rm0 r~ (This is NOT a Purchase Order) e 'Z ~+nL. quantity Description Unit Price Amount Unit Price Amount l /~~U~,~ ~diM~Cl?~j~apC . i-Irr/17. ~~13~~~Dt! /a~4S~,~D ~~~S~~df~ / ReloZa~~~ o~ a~ ~'alv~e. u~~caaCe 1~. ~-+ ' Qo~h ~ ~evv~4, Fo ~ ~os ~. ~1~,~ tlec~ NOTE: (Reverse side must contain full explanation of reasons for (1) recom- mending other than low bidder or (2) single bid, if such is the case) Deliver to Name and address of recommended bidder .~~~ Ln ii'1llflrt~ ~~ ~~ Lp~n~et' S5/oq I~~-!N: J ~m ~eha~ Circle one Mail Purchase Order? Yes No Fax Purchase Order? Yes No Fax # (If needed) Purchase Order No. (Assigned by Finance Dept.) INVOICE ORCHECK i R,1rD I DIVISION (PROGRAM ~ FOR ACCOUNTING USE ONLY: I VENDOR NUMBER I 54 ~ ~ ple~.sa~ AVe 5o~~r, Finance Department Approval: Date Signed Date LEGEND: WHITE -PURCHASING DEPT. COPY, CANARY -FINANCE DEPT. COPY, PINK -APPROVED COPY City Manager Approval (Capital Outlay Only): AGENDA REPORT G-6 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation for Landfall Cops `n Kids Fishing Clinic Date: May 3, 2004 Introduction A donation for $200 has been received from Saturn of Saint Paul for use at the annual Landfall Cops `n Kids Fishing Clinic, and City Council approval is required before this donation may be accepted. Background For the past several years, the Maplewood Police Department, which does policing for the City of Landfall, has held a fishing clinic for children living in Landfall. This is done in conjunction with the City of Landfall. During this event, children and parents are invited to participate in a morning of fishing with officers from the Maplewood Police Department. They are also given lunch and door prizes. This has been a very popular event and does a lot to establish good community-police relations. Saturn of Saint Paul has contributed $200 to the Maplewood Police Department to help defray the costs for this year's event. Recommendation It is recommended that City Council approval be given to accept this donation from Saturn of Saint Paul and that the necessary budget adjustments be made so that the donation may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and approval. DJT:js AGENDA ITEM G-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works/City Engineer Mike Kane, Street Superintendent SUBJECT: Purchase of 2004-2005 Winter Road Salt DATE: April 30, 2004 Introduction Each year the street maintenance division purchases de-icing salt under a state cooperative purchasing agreement. Background In order to be included in this program, the state requires us to submit our estimated salt needs for the 2004-2005 season by May 25, 2004. The price per ton will not be known until the bids are awarded in early October 2004. The expenses for this purchase are budgeted under the snow and ice control program. Recommendation It is recommended that the city council authorize purchase of road salt under the state contract, not to exceed $36,000. AGENDA ITEM G-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works/City Engineer Mike Kane, Street Superintendent SUBJECT: Signal System Light Replacement Program DATE: April 30, 2004 Introduction The city currently has a maintenance agreement with Ramsey County for 24 signal systems throughout the city. The city is responsible for electricity and bulbs for the lights. An Xcel Energy program is available to change the bulbs to LED, which uses less electricity and lasts longer. Approval of this expenditure is recommended. Background Attached is a report from Street Superintendent Mike Kane, summarizing the program for replacement of the signal bulbs with LED bulbs. The City of Maplewood will front the entire $49,000 expenditure plus a maintenance cost of $2,500 from the Public Works Street Maintenance budget. In November 2004, an Xcel Energy Rebate of $28,695 will be received that will be applied back to the Street Maintenance budget. The net cost of this program is actually $22,805. The estimated annual electricity savings of this program is $15,786, which equates to a 1.5-year payback on the investment. Recommendation It is recommended that the city council authorize the expenditure of $51,500 from the Street Maintenance budget for the cooperative project with Ramsey County for the installation of LED lights at 24 signalized intersections. Attachment: Xcel Energy Rebate Memorandum City of Maplewood, Minnesota Department of Public Works Memorandum DATE: April 21, 2004 TO: Chuck Ahl FROM: Mike Kane SUBJECT: Xcel Energy Rebates Xcel Energy is currently offering significant rebates to cities that retrofit their traffic signals from incandescent balls to LED. Following is a list of LED technology that qualifies for rebates: Equipment Description $/Unit LED Traffic Signals 8" Red Balls $15.00 8" Green Balls $40.00 12" Red Balls $25.00 12" Green Balls $65.00 LED PED Signals 9"Signals $25.00 Walk/Don't walk 12" Si nals $40.00 In addition to the rebates listed above, Xcel Energy is also offering an additional 30% rebate for retrofit projects that are completed between April 1, 2004 and October 31, 2004. We currently contract the maintenance of 24 signal intersections to Ramsey County. They are very much in favor of retrofitting because LED balls last longer and require far less maintenance. They also assured me that they could complete the necessary work by the October 31, 2004 deadline. Our contract with Ramsey County includes their labor and equipment charge on all but four of our signal intersections. If we retrofit at those four intersections, we would be charged for time and equipment. I spoke with Xcel Energy about the estimated annual savings we could expect from this program. They provided me with the following information. 8" Red Ball .057 watts x 4,818 hrs. = 274.63 kwh saved 12" Red Ball .135 watts x 4,818 hrs. = 650.43 kwh saved Memorandum on Xcel Energy Rebates Page 2 April 21, 2004 8" Green Ball .052 watts x 3,679 12" Green Ball .125 watts x 3,679 12" Pedestrian .060 watts x 7,884 hrs. = 191.31 kwh saved hrs. = 459.88 kwh saved hrs. = 473.04 kwh saved Then they took a look at our traffic signal accounts and came up with an estimated cost per kwh of $0.0735/kwh. This would translate to the following: Est. savings / 8" Red Ball = $20.19 annually Est. savings / 12" Red Ball = $47.81 annually Est. savings / 8" Green Ball = $14.06 annually Est. savings / 12" Green Ball = $33.80 annually Est. savings / PED (hand/man)= $34.77 annually To summarize, the city would see estimated annual savings of $15,786.84. (124- 2" Red Balls x $47.81), (225-12" Green Balls x $33.80), (2-8" Green Balls x $14.06), (64 PEDs x $34.77) in addition to the estimated base rebate of $22,075.00 plus the 30% bonus if purchased and installed between 4/1 /04 - 10/31/04 ($6,620.00). The payback on this project should be decent. Based on the quotes that I received, we would need approximately $49,000.00 for the necessary materials plus an additional $2,500.00 for a labor and equipment charge from Ramsey County to do the work. Therefore, the approximate project cost would be as follows: $49, 000.00 $ 2, 500.00 $51, 500.00 ($22, 075.00) ($ 6,620.00) $22, 805.00 Materials RAMCO Total Base Rebate 30% Bonus Rebate Total Project Cost It would seem to me that, if we can find the initial $51,500.00, this project is well worth it. Our traffic signals would be safer, energy savings would pay for the project over the next 1'/ years and the city would reduce its operating expenses for the future. AGENDA ITEM G-9 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), City Project 02-07: Revise Dates for Bid Opening and Assessment Hearing DATE: April 30, 2004 Introduction The proposed bid opening for this project was scheduled for May 18. The assessment hearing and award of bids had been scheduled for May 24. As the plans are still being reviewed by state aid and there are still a number of issues being resolved related to project coordination and easements, staff is recommending that the bid date and subsequent assessment hearing and award of bids be postponed two weeks. The revised bid opening would be set for 10:00 a.m., Friday, June 4, 2004. The assessment hearing would be rescheduled for 7:15 p.m., Monday, June 14, 2004. The award of bids would be considered by the city council as well on June 14, 2004. Recommendation It is recommended that the city council approve revised bid opening and assessment hearing dates for County Road D Realignment, Project 02-07. The bid opening will be rescheduled for 10:00 a.m., Friday, June 4, 2004 and the assessment hearing will be rescheduled for 7:15 p.m., Monday, June 14t", 2004. CMC Attachment 1. Location Map Agenda #N1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Right-of-Way Vacation LOCATION: Kennard Street, north of Sextant Avenue DATE: April 20, 2004 INTRODUCTION Mr. Tom LaBarre, the adjacent property owner, is proposing that the city vacate an existing street right-of-way. This right-of-way is for Kennard Street and is between the property at 1655 Sextant Street and Four Seasons Park. (Please see the letter on page three and the maps on pages four through seven). DISCUSSION Mr. LaBarre is requesting the vacation because the city has no n~ The city and the adjacent property owners have no plans to build for the city vacating the existing right-of-way, the city needs to ke easement over the right-of-way for possible future utility extensio develop or use the existing right-of-way for a street and the city d utilities. COMMISSION ACTION On April 19, 2004, the planning commission recommended RECOMMENDATION Approve the resolution on page eight. This resolution is for the v, Street right-of-way north of Sextant Avenue. The reasons for the ~ for the existing right-of-way. street in this location. In trade a drainage and utility .Maplewood has no plans to s not now need it for any of the proposed vacation. of the unused Kennard n are as follows: 1. It is in the public interest. ', 2. The existing right-of-way is not used or needed for street ~urposes. 3. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility ~asement over the entire vacated right-of-way. 'i REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on March 17, 2004. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by May 15, 2004. P:\sec10\Kennard ROW vacation.doc Attachments: 1. Applicant's Letter 2. Location Map 3. Area Map 4. Area Map (Enlarged) 5. Site Plan 6. Vacation Resolution 2 Attachment 1 March 16, 2004 1655 E. Sextant Avenue East Maplewood, MN 55109 City of Maplewood Department of Public Works 1830 E. Co. Rd. B Maplewood, MN 55109 RE: Hazelwood/County Road Area Streets -City Project 03-18 Dear Mr. Vermeersch, Because my driveway lies on the Kennard Street right of way, you have brought to my attention that I will have to have the right of way vacated so that I don't have to move my driveway. That is the reason we are requesting the variance. I do not want to move my driveway, which enters my property on the North end of Kennard, which ends at a dead end at the North East end of my property. We want you to know that we do not want our driveway replaced at this time. I understand that once the right of way has been vacated, the land would accrue to my property, increasing the size of my lot. I was told by the City of Maplewood that Kennard Street would never be upgraded and continue on North, causing me to loss this portion of my new property. Sincerely, om LaBarre 3 Attachment 2 ~ ST. JOHN'S ~ . surll~rr cr. e~w. 2 COlMTR1MEW pR 3. DUWTH CT. c ~ 4. LYDIA AVE. ~i- S ~~ AVE. N . R~oArz `,Nrldwm ~? ~ Pond , RANSEY (~ ~ ~' ~ ~t'= iii CauRT KOHLMAN AVE. ~ ~ ~ iii W KOHLMIW ~- ~c 3 ~ ' ~ 5 AVE. ~' ROAD ~ ~ d ~ ~ _ ~ ~ ~ ~` s Z ~ ~P Z CJ' W ~~W~~~ = W v ~ ,-" % ~ z BEAIA ~ ~rh ~ IIIIPLE V Y V D l ' W `.L~ ~- W ~ ~GEJiILL RD. J ~ ~ BROOKS AVE. ~ BROOKS ~ ~ ~ o iii z AVE ~ ~~E7HT}/ {. ~EX T ~ ~L~ ~ ~ qVE Z ~RVAIS AVE. >- (~7i'VAIS (/) v ~~~' ~ lGERVAIS ~ GRANDVIEIM AVE. i VNQNG pR, x F=- SHERRDd AVE. coPE ~ =: ~ Z ~c- ~ ~ ~L -- U ~~ AVE COPE AVE. O ~ ~ v ~ AVE. _ ~ ~ LN>,C < AVE ~ iii Sri ~ ~ ~ ~ wIRIE RD. ~. RD. ~ ~ UIIRIE RD. snw.osso L/WRIE z RD. W o ~ O ~ z ~~cc RD. o ~ URST ~ ~rt ~ AVE ~ 5 ~' ~ o Z_~i ~' W 2 W < ~ LION AVE. ® B ~ p ~ CO. RD. ~ 8 i ~ .~~ CR. ~~ BURKE AVE. 3 ® ~ BURKE AVE. ~w.r ~ / O ~' A~ LN. ~~ IDCE~ AVE. WW ~. `;~ ~ tom" 1r' AV E. ~ 3 app err SK1LL11AN AVE. _ HARRIS AVE. W ~ ~ ~ ROSEMIOOD AVE N. R{/~N o ~wooa D AN AV. AVE S. RAMSEY GOIMiY Ate- ' ~% J N ~NGG~~E AND ~ ~ ~ ~ ~ ~ AVE. ~ ~• ~~~ pppp~}{ ~, HOLLOMAY .. rn .. I .y,~ LOCATION MAP 4 ~` 4 N Attachment 3 c~ m ~7 D_ Z 2a~ X488 .2480 2472 .2464 2456 ~ 2448: D Z O TJ ~ r 2~44tl c ~ _ ___; 2432 2424 2416 2408 2400 GERVAIS AVE 1616 I 1686 1700 AREA MAP 5 ~I L ~l Attachment 4 AREA MAP (ENLARGED) 6 4 N Attachment 5 FOUR SEASONS PARK KENNARD STREET RIGHT OF WAY TO BE VACATED SEXTANT AVENUE D s~ ~, ~~ o,~~ I ~„ .. ~ SITE PLAN N J Attachment 6 VACATION RESOLUTION WHEREAS, Mr. Tom LaBarre, the adjacent property owner, applied for the vacation of the following: The Kennard Street right-of-way that is north of Sextant Avenue and next to the property at 1655 Sextant Avenue and described as follows: The Kennard Street right-of-way lying north of the north right-of-way line of Sextant Avenue and next to the property at 1655 Sextant Avenue in Maplewood, Ramsey County, in Section 10, Township 29, Range 22. WHEREAS, the history of this vacation is as follows: On April 19, 2004, the planning commission recommended that the city council approve the public vacation. 2. On May 10, 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 property at 1655 Sextant Avenue (Lot 7, Block 2, North Dells Addition -PIN 10-29-22-13- 0030). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The existing right-of-way is not used or needed for street purposes. 3. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the entire vacated right-of-way. The Maplewood City Council adopted this resolution on , 2004. 8 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 19, 2004 VI. NEW BUSINESS a. Kennard Street right-of-way vacation (north of Sextant Avenue) Mr. Roberts said Mr. Tom LaBarre, the adjacent property owner, is proposing that the city vacate an existing street right-of-way. Mr. Roberts said this right-of-way is for Kennard Street and is between the property at 1655 Sextant Street and Four Seasons Park. The request for the vacation is because the city has no need for the existing right-of-way. The city and the adjacent property owners have no plans to build a street in this location. Commissioner Bartol asked if it would be appropriate to get permission from the property owners at 2452 and 2474 to see if they were comfortable with the street vacation on Kennard Street because of access issues? Mr. Roberts said because the city does not build streets on 30-foot wide right-of-ways and because of the topography of the property it seemed unlikely a street would go through that area. The staff is recommending the city keep the utility easement over the right-of-way so if sewer or water needed to be put in that could occur with the easement. Commissioner Bartol asked if the property owners of 2452 and 2474 wanted Kennard Street extended the city would not extend the street? Mr. Roberts said he would be very surprised if the city would extend Kennard Street but Chris Cavett, the Assistant City Engineer may have a better explanation. Mr. Cavett said as part of the neighborhood street reconstruction project the city had discussions with the property owners. He said the city had a discussion with the property owner's children at 2452 and has said they have no plans to develop the area. The city believes the property owner's decision not to develop the property may change and felt putting a cul-de-sac in off of Germain Street would make the most sense. Chairperson Fischer asked the applicant to address the commission. Mr. Tom LaBarre, the applicant residing at 1655 Sextant Avenue East, Maplewood, addressed the commission. He asked how much of the easement the city would maintain? Mr. Cavett said the city has proposed that the entire 30-foot easement would be maintained in case city sewer and water would have to be put in which would provide adequate width. He said having an easement would change the setbacks to the property and any structure could be built up to the easement line. Mr. LaBarre said if he obtains the vacated property his property taxes would go up. He said if the city could take the property back from him at anytime then what would this right-of-way vacation do for him? Mr. Roberts said he is not convinced Mr. LaBarre's property taxes would go up because taxes are based on the total value of your property, and typically 80-90% of the property value is for the structure and the rest for the value of the land. He said property value is going up in the whole area and not just because Mr. LaBarre would gain a small amount of additional land. Mr. LaBarre would still retain ownership of the land, the easement rights just give the city the right to put utilities underground if needed in the future. Mr. Roberts said Mr. LaBarre gets to use the land above the ground and the city has the right to use the property below the ground. Mr. LaBarre asked if he obtained the vacationed property could he remove the Box Elder tree that is located on the property? Mr. Roberts said yes. Commissioner Pearson moved to approve the resolution on page eight of the staff report. This resolution is for the vacation of the unused Kennard Street right-of-way north of Sextant Avenue. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The existing right-of-way is not used or needed for street purposes. 3. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the entire vacated right-of-way. Commissioner Bartol seconded. Ayes -Bartol, Desai. Fischer, Mueller, Pearson The motion passed. This item goes to the city council on May 10, 2004. Agenda #H2 SUMMARY MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Toenjes Hills Estates LOCATION: East of McMenemey Street, north of Roselawn Avenue DATE: April 20, 2004 INTRODUCTION Project Description Mr. Hugh Toenjes, representing the property owner, is proposing to develop asix-lot plat for single dwellings called Toenjes Hills Estates. It would be on a two-acre site on the east side of McMenemey Street, north of Roselawn Avenue. Refer to the applicant's statement and the maps in the project review memo. Requests To build this project, Mr. Toenjes is requesting that the city approve: The vacation of an unused street right-of--way (Edgemont Street), an unused alley and excess easements within the property. 2. A preliminary plat for six lots for single dwellings. DISCUSSION Our review of the proposal found no major issues or problems. The applicant's engineer commented at the planning commission meeting that they would make all the staff-suggested changes to the plat. RECOMMENDATIONS Staff is recommending approval of the proposed vacations and the preliminary plat, subject to several conditions. MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Toenjes Hills Estates LOCATION: East of McMenemey Street, north of Roselawn Avenue DATE: April 20, 2004 INTRODUCTION Project Description Mr. Hugh Toenjes, representing the property owner, is proposing to develop asix-lot plat for single dwellings called Toenjes Hills Estates. It would be on a two-acre site on the east side of McMenemey Street, north of Roselawn Avenue. Refer to the applicant's statement on page 11, the maps on pages 12-23 and the attached plans. Requests To build this project, Mr. Toenjes is requesting that the city approve: The vacation of an unused street right-of-way (Edgemont Street), an unused alley and excess easements within the property. (Please see the statement on page 16 and the maps on pages 15, 17 and 18.) 2. A preliminary plat for six lots for single dwellings. (See the maps on pages 18 through 23 and the enclosed project plans.) BACKGROUND In 2003, the planning commission and city council reviewed concept plans for developments with single dwellings on this and on the adjoining properties. DISCUSSION Vacations The map on page 17 shows the proposed vacations and includes the Edgemont Street right-of- way, an unused alley and an easement near the north property line of the site. The city has no use for any of these public dedications and the developer will be dedicating a new street right-of--way and easements with the new plat. Density and Lot Size As proposed, having six units on the two-acre site calculated to three units per acre. This is consistent with the density standards in the comprehensive plan for single dwelling residential development and is well above the 10,000- square-foot minimum lot area that the city requires for each single dwelling. Preliminary Plat There are several existing factors including the topography and ponding needs that limit and direct the possible development of the site. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city to consider. I will discuss the major issues with this proposal below. Subdivision Ordinance Chapter 34 of the city code (subdivisions) regulates the platting or subdividing of property in Maplewood. The purpose of this part of the code is "to protect and promote the public health, safety and general welfare, to provide for the orderly, economic and safe development of land... ". As such, the city must balance many interests when reviewing and considering a subdivision in Maplewood. These inGude the interests of the property owner, the developer, the neighbors and the city as a whole. To this end, Section 34-6 of the code says that "the planning commission may recommend and the city council may require such changes or revisions of a preliminary plat as deemed necessary for the health, safety, general welfare and convenience of the city." Density and Lot Size As proposed, the lots in the plat will range from 11,382 square feet to 13,143 square feet with an average lot size of about 12,020 square feet. (See the proposed plat on page 18.) The city requires each single dwelling lot in the R-1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. In addition, the code requires corner lots to be at least 100 feet wide on each street side. As submitted, the two corner lots in the plat are 95 feet wide on Toenjes Place. The city should require the developer to change the plat as necessary to have all the lots meet all of Maplewood's subdivision requirements. All of the proposed lots should be able to meet or exceed the standards in the city code. Trees As proposed, the contractor for Mr. Toenjes would grade the center of the site to create the street right-of-way and the house pads. (See the grading and tree plans on pages 20 and 21.) This grading would remove about 30 large trees (including pine, oak, box elder, elm, and poplar) and would leave about 10 large trees on the two-acre site. Since the city code requires the developer to save at least 20 trees (10 per acre) on this site, the developer is proposing to plant 53 trees and 19 red twig dogwoods with this project. The trees would include Black Hills spruce, Colorado blue spruce, red pine and Austrian pine. (See the planting plan on page 20). The proposed planting plan meets the city's tree replacement requirements. Watershed District Comments and Wetland Ordinance The Ramsey/Washington Metro Watershed District is now reviewing the preliminary plans for this development. It is important to remember that Mr. Toenjes or the contractor must meet all the conditions of the watershed district and that they must get a permit from the watershed district before starting grading or construction. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant in reviewing this proposal and plans. Erin Laberee's comments are included starting on page 25. 2 Public Utilities There is sanitary sewer and water near the site to serve the proposed development. Specifically, water is in McMenemey Street. The developer will extend the water main into the site from the existing water main. The Saint Paul Water Utility will need to approve the plan for the water main. Sanitary sewer also is in McMenemey Street next to the site. The developer is proposing to extend the sewer into the site from the existing street through the development. The city engineer must approve the final engineering plans before the applicant or contractor may start construction. As noted in the engineering comments, the city is going to install the improvements on this site as part of a public improvement project -including utilities, street and curbing. This, however, requires the property owner to petition the city to install the public improvements. After the city receives such a petition, the city will do the final design of the project plans and the developer or applicant will pay the city back for all costs. Drainage Most of the site drains to the east and to the south. The developer's engineer told me that by using the proposed pond east of the site (on the city park property) as a storm water detention facility, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. This plan, however, shows a new ponding area on the city park property. Mr. Cavett and Mr. Ahl have reviewed this proposal and have suggested that the developer pay the city about $30,000 for the easement for the new ponding area. Ms. LaBeree noted this requirement, along with several others, in her comments. (See the information starting on page 25.) Trail Bruce Anderson, the Maplewood Parks Director, reviewed the proposed development plans. (His comments are on page 24.) Mr. Anderson recommends that the developer install an eight-foot-wide trail from the new cul-de-sac to the east into the city park property. The exact design of this trail should be subject to the approval of the parks director and the city engineer. Other Engineering Concerns Erin also noted in her comments that the developer is to construct the retaining walls within the project during the grading of the site. This is to ensure that the walls are in place before the contractors start building the houses. Staff recommends that the city set a range of front setbacks of 20 to 25 feet within this development to address these concerns. Other Comments Lieutenant Kevin Rabbett of the Maplewood Police Department noted that he found no significant public safety concerns with the proposal. He did tell me that he wanted the city to be sure that there is enough room within the site to allow emergency vehicles to maneuver. 3 Fire Marshal Butch Gervais, the Maplewood Fire Marshal, noted that the cul-de-sac must have a turning radius of at least 42 feet (for equipment) and that there be fire hydrants in proper locations. Neighbors' Comments City staff surveyed the 50 property owners within 500 feet of the site. Refer to the comments on page nine and the written messages on pages 28 - 31. COMMISSION ACTION On April 19, 2004, the planning commission recommended approval of the proposed vacations and the proposed preliminary plat. RECOMMENDATIONS A. Approve the resolution on page 32. This resolution is for the vacation of the unused Edgemont Street right-of--way, the unused alley and the excess drainage easements on the property for the site of the Toenjes Hills Estates plat. The city is vacating these because: It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right-of-ways. 3. The developer will be dedicating a new right-of-way and new easements with the final plat. B. Approve the Toenjes Hills Estates preliminary plat (received by the city on April 1, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations -primarily at the street intersections and at the east end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot). e. Pay the city for the cost of traffic-control, street identification, and no parking signs. f. Provide all required and necessary easements, inGuding any off-site easements. 4 g. Demolish or remove the existing shed from the site, and remove all other buildings, fencing, scrap metal, debris and junk from the site. h. Cap and seal all wells on site; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. i. Complete all curb on McMenemey Street on the west side of the site. This is to replace the existing driveways on McMenemey Street, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin LaBeree dated April 12, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. c. Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the climate and conditions in Maplewood. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. 5 (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. (11) The 8-foot-wide trail from the cul-de-sac to the east property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Toenjes Place) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the east side of McMenemey Street and the restoration and sodding of the boulevards. (4) Repair of McMenemey Street (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (9) The cul-de-sac with a minimum pavement radius of at least 42 feet. (10) Label McMenemey Street and the new street as Toenjes Place on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape plan for the areas along the street and the ponding areas. The coniferous trees shall be at least six feet tall and shall not include Colorado blue spruce trees. All deciduous trees shall be at least 2'/2 inches in diameter. 3. Change the plat as follows: 6 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 plans and lot layout to: 1. Accommodate a 20-foot-wide pedestrian way for a trail from the cul-de-sac to the city park. 2. Make the corner lots at least 100 feet wide on each street. 3. Show the street right-of-way with a width of 60 feet and the cul-de-sac with aright- of-way radius of 55 feet. 4. Show house pads that meet all city setback requirements. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond on the north side of the plat and paying the city for the easement for the ponding area on the park property. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemey Street (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. 8. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 and 6 from going onto McMenemey Street. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. 7 The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 11. The property owner shall submit a petition to the city requesting the installation of the public improvements. 12. 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. 8 CITIZENS' COMMENTS I surveyed the owners of the 50 properties within 500 feet of this site and received four written replies. The following are the comments we received: For: Against: 1. No! No! No! The area provides habitat for red tail hawks, wood ducks, mallards, egrets, herons, fox and a little bit of peace and quiet in the neighborhood. There are also bluebirds in the woods. Why does money control everything?? We have ball parks we cannot use (they are chained shut), but we pay taxes on them. Last year the Roselawn ponding area got so overgrown from the lack of mowing, it was an absolute shame and an eyesore!! Not to mention a mosquito haven. It will be just another reason to destroy natural areas and make the rich richer! No! No! No! It also seems our storm sewers were just redone a few years back -why again? Then the city can raise our taxes again!! Some of the area residents are on a fixed income and cannot afford any more assessments of higher taxes! I will attend the meetings and encourage all friends, neighbors, churches and residents to do the same and stop this!!! Leave the land alone. (Gebhardt -1986 Arkwright Street) Comments: 1. No comment. We are neutral to the new development at the Toenjes property site. (Lin - 2008 Edgemont Street) Please also see the a-mail message on page 28 and the letter starting on page 29. 9 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2 acres Existing land use: accessory buildings from the former property owner SURROUNDING LAND USES North: Single dwellings South: Single dwellings and vacant property on Roselawn Avenue West: Houses across McMenemey Street East: Roselawn Park PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: R-1 (single dwellings) APPLICATION DATE The city received the complete project plans and application materials for this proposal on April 1, 2004. As such, the city needs to take action on the proposal by June 1, 2004, unless the developer agrees to a time extension. kr/p:/sec17/toenjes hills estates plat.doc Attachments: 1. Applicant's Narrative Description 2. Location Map 3. Property Line/Zoning Map 4. Property Line Map 5. Existing Site Survey 6. Applicant's Vacation Statement 7. Proposed Vacation Map 8. Proposed Preliminary Plat 9. Site Map 10. Grading and Tree Plan 11. Proposed Grading Plan 12. Storm Sewer Plan 13. Proposed Utility Plan 14. Bruce Anderson's comments dated 04-07-04 15. Engineering department plan review dated 04-12-04 16. E-mail message Don and Julie Shiek dated April 7, 2004 17. Letter from Ericksons dated April 10, 2004 18. Vacation Resolution 19. Project Plans date-stamped April 1, 2004 (separate attachments -including 11x17s and full-size) 10 Attachment 1 Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING ~E TT5 NARRATIVE DESCRIPTION TOENJES HILLS ESTATES PRELIMINARY PLAT March 18, 2004 There aze six new homesites being created along with just over 2001ineal feet of new street on a 2 acre site. The lots are all in excess of 10,000 square feet. The existing land form is generally sloping to the north and east. There is an existing wetland on the north side of the property that overflows into a larger wetland area (known as Roselawn Pond) to the east on the City of Maplewood park property (known as Roselawn Park). The subject property consists of an existing wooded lot of mostly box elder, poplar and elm, with a very few oaks and pines. The existing zoning is single dwelling residential, and this project does NOT propose any change in the zoning. The property is currently vacant, as the original homestead of Herbert Toenjes, Sr. has been removed. The underlying plat of MaGoffm's North Side Addition was never opened and improved in this area as originally platted. There are certain streets, alleys and easements that need to be vacated as a part of the project. The proposed vacations are detailed on sheet three of the plan set. There are improvements to the storm water management system in conjunction with this project. We intend to create a new outlet structure for the existing pond to the north to provide additional storage capacity. We also propose building a infiltration basin on the City Park property to help alleviate periodic flooding issues with the Roselawn Pond. These improvements are being funded 100% by the developer as a part of this proposed development. The system as proposed will reduce the rate of runoff for this sub- watershed azea. To properly create the street elevations and house pads, offsite fill will be imported to the site. The Grading and Erosion Control Plan details the improvements to the site, as well as the measures being taken to prevent negative impact to surrounding properties. The eight sheet plan set is much more detailed than a project this size would normally require. The additional detail is provided to ensure that all of the functions of this project are spelled out clearly and concisely so that staff, Planning Commission and City Council have all of the information needed to make an informed decision on this proposal. 11 urn ~ .,,.,.ial Avenue Nr~rt6. Stillwater. MN SS081 • Phone: (6S1) 439-8833 • Fax: (651) 430-9331 • Website: www.ffe-inc.com Bruce A. Folz, LS Trmothyl. Freeman, LS t oaa /i. tnctson, rc 1939 -1A01 President Vice President Attachment 2 W ° 0 o o A TILE CANADA i :==~ W O B UII~~ C ~, ~ LARK AVE. LAUR IE RD. ~ ~ ITY RD. 6 OO11/~1Y ~Q a ~ ~ RmGE H ~ ~ ~110NT W. -- ~ J sckiw" SKIIIMM! AVE. ~ iii YT vERrroH ~ ~ ~ v ~ Qi - vE. = z ~ vE7trdON ~~ A $ ~ - ~ ~ ~~ z N BEIIWOOD AVE. BF1L MI'O0~ m ~- ~ SUMMER AVE. ~ j~ lN. .a fENPON AVE ~ +~i ~. ~ ~ ~'i oj~ ~ ~--- •® ~ -~ t"'n ~ AVE. Sri iii ~ _ ~ iii iii iii ~ IOMGSiON 0 t~ O~G~ = o AVE. ~ ~ ~< g ®~ ~ LARPE PIiEUR ri ~ Al I~ I ~ ~ SAINT ~ PAUL LOCATION MAP 1Z 4 N Gmvois '"~ ~ J ~- J~~3. 2640N ;; ~- ~ -1 ~ 2 /ILMYdIDO DR PAW 3 BFLIECRESf OR 4 DEAtJVrLE DR CT. P s ~raonN oR ., 3 `~ ~ oE~ i ~; ~ ~~ eRac 2400N ~'~~\'~ ~ ~ ~ ~ - a --- ~ ~ ~ s vxcwc oR. ~~< , ,;~ \'~ ~ ,~. {! ``' t, i ,:~ BU1~ Cf ;~ ~ ~ ~ 9 BURKE V ~ , , ~~ , ~ v~;: ;. ~ ' AV E p ~~ tZDRIDGE A / O rig ~i x ~ ~ ,, ~ : ~ J ;~/ AVE. W j I SIOLLMAN AV. KENw OOD C y~ >~ F W W ~.N. ~ 3 Vl m W K R06ELAWN AVE. KELLWOOD AVE. a 4 ~ ~~z z m ~ Z Y ~ Y J RIPLEY AVE. ~ , ~-_ ~^; / ~,'. ,~ ~ Round ! m gNGSTONVIVE ~ ~,\~ ~Lolc~,' W WAVE. ~ ~- , ~ ~ / y~~ PRE /- ~ _ a Attachment 3 m 2016 2017 0 ~~ 2022 m 2016 2020 ~ ... 2019 20'18 O _' 2Q16~ 20 '10 2011' -~ z 214 ~ 2008 ' '2 0 01 D , 201 ' 2011 ~ J zooa 2005 ~ 2oosR~ A - X004 '200f3 _ ' 2002 19 98 1999 ~ 200b , 1999 ~ cn 1998 ~ --i -- - _ _ 1994 _1992 1992 1993 1990' 1993 ; 1988 1986' 1994 1984 1986 ~ ~ 1982 _ 4 1983 1989 VERNON AVE R1 1966 I ~ SITE I m z _ ~ _ ~ ~ t-`- _ ~ ~ v~ `,Roselawn P ark R1 _19~t4 375 353'' 306 314 320 328 334 R1 ROSELAWN AVE 191; _ 38U PROPERTY LINE /ZONING MAP 13 4 ~N Attachment 4 m - __ 20.19 2 2025 2010 2011 0 '__; 2 m 2008':.., 21 ~ 2011 2004 2005 ~ 2C -+ 2C cn 20 __ ~ _, 2400 20 y 19198 1999:'- 1999 ~ 19 _ ~ ~ 19 1992 ~ 19 2001 _ 1993,.,. ~ 19 19 1993 i 19 - ,, 1994 _ 19 T98G 1983 19$9 VERNON AV I 1975 I 1967 I 1966 cn o SITE I D Z I _....... _ ~ to 1961 n ~~~ z I ~-._~/ ~ ~Rpselawn Park ~ ~ 1955 '- 1944 ~~~~~ 375 325 353 ROSELAWN AVE PROPERTY LINE MAP 14 4 N Attachment 5 TOENJES HILLS ESTATES PRELIMINARYPLAT EXISTING CONDITIONS 6z DEMO PLAN :: i' ~ ~~--, ..~_ ~ i ,• ,\ i • , ~~~ :`. ~ ~ _ \,_ ~ MH \ ~ • \ 908.0 ~ ~ ~ `. • -e9s.2 I-. I ~ / \ ~ .. ro /, I t `\ ` 1 ~ ~..+ sm mc+a mwxe ~ ~ ' .liu nn. ~- {'~~ L\` ~ 1 .~. ~ ~ I ~ :~ ~ i .vt': ~ ~ REMOVE 20• DIP 'gyp MANHOLE,`\ I~ ~ ~ ~ ` ~' REMOVE MANHOLE Y k BULKHEMD ii ' ._.k'~ ~ ~ - ~ ~ PIPE END W/CONf;RE1E _ \ _ _ _ _ I r ..c ~~.. ~ 1 ~ ~ i ~.~ VERNON AVENUE (VACATED ~ ~ ~'~ ~ ~ \ ?peave '" i fi r e~ unutr EASEM T F' ` ` ~ ` .. ~ ~9r0, ` ~ TO BE VACATED ~` DENO AND REMOVE :• ~ ~ Jv SHED FROL/' PROPERtt - W ~ ` , ` A ~ ~ ~ - - I I ~ a„ `, ~ - .. .. ~ ~~~F]]] \ ~~: a ~ ~ ~ - • REMOVE EXISTING - ... .. _ \ 1 Ii J _ - - _ _ _ _..,t _ LT~w~~ii I ..>... u ~ 'J q REMOVE H10S11N6 { ._ ., .. E., ; ~~ , - _ - ... ,. `,~ ,y '. 1.,: ~ 1 ~ ~ ELECTRICµ. POCEMNES ~S. _ N ~ (y w ' 7 ~ .. lG. 1 I -- .- 10• hl E •. 7 .~ ~zx. I `. ~ i JI ~ i 78".PIN c ~~ ,.1 W~ ~' ~ \ I, ~ ~. , i -s ~...~.~. ~ . ~..., o - -~ - T,:L'r-~ r'---~--- ~~- a F --'--'--- il ~ ~ ', ,. a I ~ z4^BOx ELDER w ; _ ... _ - .. G , ~ s 1t; ~ ~ - ~,; $1 I "'fKSWYY%ff"' ~ DEMO CONCRETE ~ ~' ~ I !I 18' PIS ~'K'i(;~ ! y i i I ~' I CURB k 0UT1ER T ~ ~ 26 EW .. 14' PINE.\- ~- _. - - - - - - - . ~i I ~~ I I a ; . __ 12' 8072 ELDER . ~ ,. - _. _ _ _. . I I ~ t _ ANDd! E705TNC NEIL - ..I d EDCEMONT STREET/W~~ - ~, ~ ,`~-12 ELA ~ TA .~ v.' TO BE VACATID;~ S.T ER S RMENTS ' ~ I ~ ' SANCUT BIT '' 11[gB~•y~y/e~,,tAll ~ ~. TE ~~ '`.~ .. ,.~ i - .7D TOENJES PuT. EAST JO-FEET, _ _ aTV. ~1 .. , .. o:' ,':~ .. I . _ ~ .. . J ~12'•eox ELOEnwooos/BRU~i la•~Ei.M ~ ? s• euDx.cNETBxr ~, .` _ _ ~,~ ~ - -- • ox ~toEx `~ ..te Box ELDER ' 18• Box' ELDER' I\ ~ ` r \\ ~ .. gy„~ .' `~ _. _ TREE.. oEllq (TW.) r 14•-BOX,ELISEA t D I. - .. VYOOOSI~RUSH.~ / _ '~ \ ," \ • .. .-: ~ i ((~~ 1 f ' ~" ~ i 6 BOx ELDER _ ~ ~ ~ \ _ . ~ ~~ ~ ( d 12• BOk EL0. ~ ~ .. _ .. _ ~20 ~P. ~ tiA~ \ ~ ~ ~• , r 7~yY¢Kr~(~,' ~ ~~ _ ~ ~ 14 O ELDER _ .. - E)AS71ND TREE lbw ~ _ • ~ y; . - ,~~ _ _ _ _ ._ _ -1R-TRGF EYAIN-IYPJCAL 075C ~ ~~.c _ _ ., ~ . 'r.,d t ~ y'WOODS/BRUSH .. •~ \ ~. ~ l \....1 E!$AN H J . ' RIM. 7.75 ', i ;; ', -. .. ~ ~,. W __- _, ~, INV. 3.93 '-:~. r REMOV£ APRON: I ._... ~ ~ _ --a20- .._ _.. _, ,... _ ~ \ \ - < -- - s~G ~ ~ o ~ f~----------~ ~~----------~.;. ~---_-- EXISTING SITE SURVEY 15 4 N Attachment 6 Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING NARRATIVE DESCRIPTION TOENJES HILLS ESTATES VACATE STREETS AND ALLEY March 18, 2004 ~~~ ~ r zoos REC~:f'~'EO The underlying plat of MaGoffm's North Side Addition was never opened and improved in this azea as originally platted. The property is currently vacant. The highest and best use of this property cannot be realized in it's current configuration. There is a portion of a street, alley and utility easement that needs to be vacated as a part of the project. The proposed vacations aze detailed on the attached map and legal descriptions. 'The street and alley that aze to be vacated serve NO public purpose. The vacation of this street and alley will return unused property to the tax roll, and back to productive use to benefit the community. The utility easement to be vacated is no longer needed due to the reconfiguration of the storm water facilities. 'The vacations are integral to the development of this project. This project is a benefit to the community insofaz as the additional storm water retention facilities that will be constructed to help alleviate the possible flooding issues with the Roselawn Pond azea within the City Park east of the project. These facilities will be funded 100 % by the development, at no cost to the community. APPLICANT'S STATEMENT 1b 5610 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439-8833 • Fax: (651) 430-9331 • Website: www.ffe-inc.com &uceA. Fols, LS Timothy J. Freeman, LS Todd A. Erickson, PE 1939.2001 President Vice President Attachment 7 r~ ~1 W 3 8 I ------\~Jy--Jy- '~' ~ /l r .(~(1 ~ /~ ~ c\, J\ J~ ---~_-,-~-Ct-----1 ,~;~ ~~; ~ ,~ -J ~ i ~ ~~J~ _ i ~I -: / ~ ~-- n r_- ~ ~ r_- ~ l.-/ L / 1 V U L_ ~ rvi~lvvi i h vJ 'I v~r ~ Ir f7 ,; IL~L_ -^- - - - - - L ~ ~ n nnl-rl/~n I rn r `~ n r ~I ~ _. -, I ' RAMSEY COUNTY CA57 IRON MONUMENT ~ I ~ ~ AT WEST 1~4 CORNER ` ` I ~ ~ 5£C ll, T 29 N, R 22 W ~ ~ i ~~ TOENJES HILLS ESTATES PROPOSED VACAT70N n 4 N --\ - ---- °~' I>- m - - - ~~ I Q ^~ r U r- n -~ n e ti '" ~ n n n \ gyp. 269p76 n ~ / ' .2690368)----------~ ~,. 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IIV~lAy T7 ~il/C ~ I I •-. •• N~A ` I 8~ I I n /l !1 rl/l~ I T/1- -~ ~-I- -~ - h I ~LL/I r IVI v I ~/ -..; l nVL. I I 2 -- - --i r--- I I RAMSEY COUNTY GAST IRON MONUMENT ~ I ~ AT WE57 i/4 CORNER 'J 7 i ~ I i ~ ~ SEC. 17, T 29 N, R 22 W `` ~ ~ i J i I i I i I PROPOSED PRELIMINARY PLAT TOENJES HILLS ESTATES 4 N 18 Attachment 9 SITE MAI-' ~ -- i ~ ._-. _ ~, i ~ ~ ` r _ ~. ~ ,,_ i _,-~ l ~ ~ ._ ,_ I ~ I POND 2 / ~ xwt egz.o , -~ c'J ~ ; ~,_ `, '~`- 4 ~ ~ :; is - r i „-1 ~ ~ < ~ ~ ~~:.~ I DLO CK 1 ~! ~~ x ~~ - - ~ _~ \ ~Y' i ~? ~i _ ~ v ,, ~ .: ~ 7o~srLncE ~ I INFILTRA'T'ION BASIN '..~~ ~ I ~ . POND 1 // .~ ~ t J ]iW1893~ p00-YEAR) 1 6 4 ~ .,. ~ _ .. ~ - _.. . _ , 1 3.>' e^ ~ •~ I l ~~~ ~ ~~ --- :, ~----- - _ _~'"" ~.;--- ~------ SITE MAP 19 4 N Attachment 10 TOENJES HILLS ESTATES PRELIMINARY PLAT TREE PLAN ~~~ I__ ~. I ~, ___ ~ ~ I `~ ~ ~. ~ E-- ^~ ~ , -, f 1 ~ BLOCK l ~ ~ ~ Y ~. FFF ~~T I ~ `• ~ , 1" ~ l x ~ ~~Y0 ~ ~ # 7 i~ rcl. yl u I ~ I ~~ b _ ~ TOENJES PLACE ~_ ~ Y _ _ _-. ~~ f ~ 6 ~\ G4 ~ i ~~, ~ - i I l I ~~ - ----- --- `t: : T„4. '' x.~. . . I ~ ,. / ? '$ee ~~ P92 0 P445 (100. --~iCfl~ ~ i . _. 2 J` J 3 ~, ~~ -~.o~,, ~, ,. --4+ _ .- -~ 4 t _ __. Ty __~ ___ ___ ___. G WN GRADING AND TREE PLAN 20 4 N :w wroROSm C011TOUR rirovosm oeaouas >RE[ awmRe ~~ PROPOSE LdRFERaus m¢ n.~wnRc ` '.. ~ -. - - ewrnnc Gnaw v mc.[s ro arrin ~L ;~ ... `„-. .._ ~1- . _ NOTES `` ~ SRS R BIACR HILLS SPRUCE 8' BY \ CS AP COLMMO BWE SPIRME Rm PRIE 6' BBB e' 81B \ AP ac wsmmiw PRIE mwi eMO~ auuP e' RIB • - ~• rn. RT REO PAII' DOCA000 2-GN. v~ -~- - `~° ~ ~` - - ~~,, \\. `Q~ ~o ~\ sE ~ ~ TRATION BAS FOND 1 ivwl 891.s B HlVL 893.1 (100-TEAIU '' ' .- _. ~' B9 / i' 9] ~~~ ~~ e91 ,~ ~~~: l _ - EXISTIIV ROSELA _ OND Attachment 11 TOENJES HILLS ESTATES PRELIMINARY PLAT GRADING & EROSION CONTROL PLAN ' - I- - ,,I ~-\ I ~ ~ ~ ~, \ ~ ~~ (~ ~ ~ ` r ~~ ~ ' ''~ ~ ~ I 11, ~ ~ ~ i , , ~ ; ~ ,.. I ~ ~ ~~ `~ ~~ I ; I ~ ~ ~ POATD 2 ~ r ~ ~ I ~- f 1 ~ ~ ~ i ~.. \ ~1 ~~ `.- Il, 1. s . ~}1+ ee..o „ . I J FiNLe945 (I00.'S ~ 1 I ~ L ~~-1 J 1 ~ +. aL - I 3 i z eOUtDER Mil-L ' ~ ~ \ ~, 1 ' I - " (4 gA.~gwIDER ' 1 _.~ " i ~ ~„may ~ ~''~ \ II ,,~ p \ ric± \ ,, - I r1' ' ` ~'` -- . -- -- - - - ~ z ~; I I , ~ 1 ~ 1 oao aan ~ ~ l F q ' ~ ~ •,r ri we ~ ^ I ~ I ,~~ ~ ~ ~ `` i i ror~ ~ ~ ._ ° f , ; aDe. , , ~ W-~ -ero. ode ~„ " I ~ , 5. ~ - " ~ \ - - _ .. _ ... y~, V ~ aoo. ~ . - i - Ye... 1 ~ ~ ~ ~ I ' ' '_ __. ._~ . /~ W~. - V'~r _ _ _ - 1 S ~ - ~ y ~ 1 . I t- ~ Q.. ~ ~ i ~ ,1 .. - c , 1 '1 I ~ 1 1 1 , ~ ~ " ids _ ~ ~RATION BAS ~ " , :. ., , , 1 , - - . _ _! I ~ ,. _ o ~ ~ ~ \ _ ~ ~ 1 ~• I~ ~ ~ ~ l. FLOOD ROI111N6 - pYh~ ~ I , ~ ~~, y 1 (EIAEROENCY~ OVFJIFLOWj / / I - , .~ , D ... ' I _ r ~ - a~ `, >_ 4 ` -\ --- EXISTIIVG P r e ri- J. r~. " ~ ~- i ~.. 1 ... OND ~ i _azo--... _- r m,~~ . I ~q 0. ~ ~ ," ,~ PROPOSED GRADING PLAN 21 N Attachment 12 ~ ~ I 6 C.Y. RIP RAP CL XI PLACED IN 6' K 2' ROCK BEOOING i ,_~.. OVER CEOIEXiILE TYPE IV FABRIC i ~ B 1 LOCK 1' . I _ I I 1 `~~` ) i ,~ =x POND 2 ivwi. e9z.o tnvi: Buns) Lo~r{~Aa, I I -~ I i~ _ ~ fE 1 NOD. SCURB k CUTTER / ', ~ ~ TOENJES PLACE o- z+oa.n _ ~ ~ ~ MOD. S CURB h CUTTER ~ ~ 6 ~rti- i S;,~.~! i `4 ~:- ~_ I ~G ---------- . J '~;, `:~ PRELIMIIVAR Y PLAT STREET & STORM SEWER ~ ~ _ _ _ _ _ µ~.~ S n. I ` ?': Wu IL_ - - - B C.Y. RIP RAP CL %I PLACED %1 6' OF Z' ROCK BEOpNC OVER GEOIEXRLE TYPE IV FABRIC ' ~ INFLLTRAT'ION BASIN .POND b NWL 8913 ITWL 893.] (100-YEAR) T1 91 ~ /1 ` ~~ _ - S T IN G -: B C.Y. RIP RAP CL WI PIACED IN 6' OF Z' ROCK REDOING ~ } ~~ {~~ ROSGl.l1 YY 19 OVER GEOTEXi4E TYPE IV FABRIC - _ OND STORM SEWER PLAN 22 4 N Attachment 13 TOENJES HILLS ESTATES PRELIMINAR Y PLA T UTILITY PLAN . ~ ::. .. :. - _` ., ,..., ... 892 ~ - ~ _......, - .. ~.. --- f f i ~.^ L ~ ~- ~`~'' ~~ ~ ~ ..~ ~ ;~ - ~_ ;~ 1 = i a: E, ~~ ~~-~ ~ 2 '~ s _ --- -- ~~ 3 1 i; ,;- ~ ~ _ -. V - ~~ - `' ~6' HYDRANT .~,~ /~ 10' MIN. f, 6~ G.V. k BOX. ~i, `r 1 8'X8' REDUCER; CONNECT TO ~ ~ ~- -----------' ExlsnNC wrn ~', t ~O S LACE _z s+oa ~ - ' O 4" aVC SCH. 40. 7-INCH COPPER 2 -------- W~.XB• 1EE ~. - MH 1 SERNCE (TYP.) SERIACE..{TYPE K. TYP.) ---- RIM~908.0 INV.~894.5 ~ t-INCH ~ MH 2 8" G.V. t BOX ~ CURB BOX J RIM 905.3 . ~ INV. 896.00 ~. '-' j, 4 Y V ~ \ ~' ~~ { -- ~ i r ~.~ ~ PROPOSED UTILITY PLAN 23 4 N Attachment 14 MEMORANDUM TO: Ken Roberts, Associate Planner FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: April 7, 2004 SUBJECT: Toenjes Hills Estates I have taken the opportunity to review the proposed Toenjes Hills Estates preliminary plat that proposes six new home sites within the two-acre location at the intersection of Roselawn Avenue and McMenemy Street. The proposed plat is located east of Roselawn Park, which is in effect a small holding pond. Roselawn Park borders Desoto Street on the east and accesses Edgerton park/school. Staff recommends that the developer provide an eight-foot paved walkway between Lots 3 and 4 for a future trail corridor that would be developed along the old Edgemont Street access, following Mount Vemon to the east to access Edgerton Park. This trail access would provide not only access to Roselawn pond and Edgerton Park, but also to Edgerton Elementary School. In addition to the requested trail corridor development, staff recommends that the developer pay the standard residential park dedication fee for each of the six lots. kh~toenjes.mem c: Dennis Peck, Sr. Eng. Tech. 24 Attachment 15 Engineering Plan Review PROJECT: Toenjes Hills Estates PROJECT NO: 04-07 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: April 12, 2004 Herb and Hugh Toenjes are proposing to develop the property at 1966 McMenemey Street, just north of Roselawn Avenue, into six residential lots. They are proposing a short cul-de-sac along with a pond to be constructed on the city property in Roselawn Park, east of the site. The developer also is proposing to enlarge the existing pond north of the proposed development. It is proposed that the street and utilities be public infrastructure. The city's current policy for the construction of public streets and utilities is to perform the construction as part of a public improvement project petitioned by the property owner. Maplewood Engineering would prepare the detailed plans and specifications for the street and utilities and perform all inspection duties. Because this policy has changed since initial discussions with the developer, if the developer wishes to privately prepare the plans and specifications for the public street and utilities along with administering all construction activities, the developer must strictly follow Maplewood's Engineering Standards. These standards include a construction inspection schedule that outlines erosion control, grading, utility and street construction, and testing requirements. The developer would ensure that all construction activities conform to Maplewood's standards by entering into a Development Agreement with the city. The developer shall address the following issues. Draina~ze 1. The developer is proposing that Pond 1 be constructed within the city's property at Roselawn Park. There are two options available to the developer about the location of ponding: The first option is for the developer to pay the city ponding area impact charges to obtain rights over an area of the city property for ponding purposes. Pond 1 is shown to occupy approximately 225 ft by 270 ft (60,750 square feet) within Roselawn Park and public right of way. The storm water ponding area charge shall be $30,375 ($0.50 per square foot). The city would deposit the revenue from these fees into the city's environmental utility fund. The second alternative is for the developer to contain all ponding within the plat. This would probably result in a reduction in the number of buildable lots. 2. The grading plan shows proposed contours for Pond 2 outside of the plat and utility easement. The city will not allow grading north of the north property line of the site without right of entry agreements. If the developer must encroach onto private property, the developer must first get right of entry agreements from the affected property owners before the start of the construction. 25 3. The plans show Pond 1 as an infiltration basin. If the pond is to function as infiltration basin, the engineer shall design it to include rock sumps to improve infiltration. The sumps should consist of 1.5" of clean, clear rock wrapped in Type 5 geotextile filter fabric, (felt). The contractor shall place the top of the rock infiltration sumps about 12 inches below the finished bottom of the basin. The project engineer shall provide a detail and description in the plan of how the contractor will prepare the rock sumps. If the pond is to function as a pond it must meet NURP standards. For more information on infiltration basins, please see the Metro council BMP Manual at their web site: http://www. metrocouncil. org,/enviroment/Watershed/bmpmanual.htm 4. Catch basin 7 should be oversized in diameter and include a 3' sump before discharging into the pond. This is so that maintenance workers can remove the sediment deposited in the system before it enters the pond. Grading & Erosion Control 1. Line the first 20 feet of the emergency overflow Swale between Pond 2 and Pond 1 with a soil stabilization blanket. 2. A portion of the proposed retaining wall is currently located within the utility easement. The retaining wall must be located within the plat and must have afive- foot setback from the property line. If the proposed retaining wall height is greater than 4 feet tall, the city will require a building permit. 3. The city is concerned with the elevations of the site and buildings. The existing pond in Roselawn Park has no outlet. The pond has been pumped several times in the past to prevent flooding to nearby properties. The drainage area to the pond has been modeled for two, 100-year, back-to-back storm events. The water elevation in the pond has been modeled to reach approximately 901 for that type storm event. The developer must revise site grades and building elevations to set the lowest building opening elevation at 903, two feet above the water elevation in the event of two 100-year back-to-back storms. Utilities 1. Submit plans to Saint Paul Regional Water Services for their review and approval. 2. Relocate the proposed hydrant to the common lot line between Lots 3 and 4. 3. Shift sanitary sewer manhole No. 2 ten feet to the west to shorten the length of the sewer main. 4. The developer or contractor shall verify the location of any existing on-site septic system and remove it following all state regulations. 26 Landscaping 1. The applicant or contractor shall provide a turf establishment plan for the ponding areas. This plan shall include appropriate native-grass seed mixtures for upland and lowland areas around the infiltration basin and pond. Streets The city code requires the street width to be 32 feet face to face. The applicant, however, might consider reducing the street width to 28 feet face to face (by variance). However, by code, this also would limit parking to one side of the street. The right-of--way width also could be reduced to 50 feet (by variance). In fact, the code only requires a 60-foot-wide right-of--way, rather than the 66 feet shown on the preliminary plat. These street width and ROW reductions, (by variance), would allow for an increase in the lot depths. 2. The cul-de-sac pavement radius is shown as 50-feet. The minimum cul-de-sac radius by code is 47-feet face-to-face of curb. Other Lots 2, 3, 4 and 5 do not meet city requirements for minimum rear yard setbacks of 20% of the lot depth. The building and lot configuration will need to be revised to meet the depth requirements. Reducing the street and right of way width as recommended above will increase lot depths. The developer may reduce front yard setbacks to 25 feet (from the usual 30 feet) to obtain deeper rear yards. 2. The developer shall dedicate a 20-foot-wide right of way for an 8-foot-wide bituminous trail between Lots 3 and 4 to connect the subdivision to a future park trail. The owner must dedicate the trail right-of--way by separate document before the final plat. The trail shall be constructed as part of the development. 27 Page 1 of 1 Attachment 16 Ken Roberts From: DJshiek [djshiek@comcast.net] Sent: Wednesday, April 07, 2004 3:10 PM To: Ken Roberts Subject: TOENJES HILLS ESTATE Mr. Roberts It is the opion of myself and my wife that this is a project worth approval by the aty as it will enhance our neighborhood. Our only concern is the quality of fill and the drainage project, which we assume the aiy will monitor. Thanks Don 8~ Julie Shiek 4/7/2004 28 Attachment 17 Date: Apri 110,2004 To: Ken Roberts, Planner City Of Maplewood From: Jerry and Etta Erickson, Property Owners 1993 Edgemont Street Maplewood, Minnesota 55117 (651)776-1112 Re: Request for Clarification regarding The Proposed Toenjes Hills Estates Subdivision RECEIVED Thank you for making available to us this excellent packet of information related to the proposed development of the remaining lots of the old Toenjes farm site. We are the property owners in the north side of Pond #2. We built our new home in 2000, and have greatly enjoyed the close proximity of the pond behind our home. In the spring, the frogs in the pond sing their little hearts out. During the summer, we see many egrets, herons and song birds that take sanctuary there. Mother ducks hatch out their families in the weeds along the shoreline, and teach their ducklings to swim in the pond. Last summer we had pair of a golden eagles living somewhere in the woods to the south. They spent many hours circling in the sky above or sitting in the sun on a branch of the old box elder trees on the west side of the pond. At night we frequently see raccoons feeding and playing in the water under the moonlight. The entire area is home to an abundance of f iref lies, and it is not unusual to see fox and deer in the pond area. In summary, the pond area and the woods behind it (the proposed subdivision site) has been a lovely wildlife and nature sanctuary. We are not suggesting that the development should not happen. What we are asking is that every possible effort be expended to spare the mature trees in the area, and to replace/relocate any trees and shrubs that need to be removed in order to preserve as much of the beauty of this area as is possible. We live in an intensely competitive, fast-paced, high-tech, world that needs to be balanced with havens of natural beauty if we are to remain mentally-healthy and 29 spiritually-whole, productive citizens of this city. With six new homes being added to this area, and with the additional taxes provided by these citizens, it makes sense to expend whatever effort is required to preserve the natural beauty of this wren. We have several questions related to the proposed project that we would like to have answered: i. POND #2 Please provide further information and detail on your statement in the narrative description "We intend to create a new outlet structure for the existing pond to the north to provide additional storage capacity." How much larger and deeper will the pond be? Will any excavation within and around the pond be done? How far to the west will the normal water level reach? What is the anticipated 'normal water level' of the pond when the project is complete? How does that compare to the current'normal water level' of the pond? 2. TREES Are the trees marked on the "existing site survey" meant to remain and be protected? What, if anything, will happen to the two big, old box elder trees directly to the west of the pond? If these two mature trees are removed, will you replace them with several relatively mature trees that might be re/ocoted from elsewhere on the subdivision property? What will be done to assure that Pond #2 area is aesthetically pleasing, and remains a sanctuary for birds and wildlife? 30 3. HOMES What will the average value of the six building sites be? What will be the average value of the new homes to be built? What is the time-line for getting this work done? Exactly how close to the south edge of Pond #2 will the back of the home on Block 2 be located? Please advise us regarding the date and time of the City Council meeting that will address this proposed project. Thank you for co g these concerns. ~. Jerry and Etta Erickson 31 Attachment 18 VACATION RESOLUTION WHEREAS, Hugh Toenjes, representing the property owner, applied for the vacation of the following: 1. The Edgemont Street right-of-way, according to the plat of Magoffin's Northside Addition to Saint Paul, Minnesota, lying south of the vacated Vemon Avenue and north of Lot 7, Block 5 and Lot 24, Block 6. 2. The 20-foot-wide alley in Block 5, Magoffin's Northside Addition to Saint Paul, Minnesota, lying south of the vacated Vernon Avenue and north of Lot 7 and Lot 24 of said Block 5. 3. That part of the drainage and utility easement in Document No. 2690368, described as that part of said easement lying southerly of the centerline of vacated Vernon Avenue between the west line of Block 5 and the east line of Block 5 in Magoffin's Northside Addition to Saint Paul, Minnesota, Ramsey County. WHEREAS, the history of this vacation is as follows: 1. On April 19, 2004, the planning commission recommended that the city council approve the above-described vacations. 2. On May 10, 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 following properties: 1. Lots 1-7 and Lots 24-30, Block 5, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-23- 0073). 2. Lots 1-7 and Lots 24-30, Block 6, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-23- 0072). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right- of-ways. 3. The adjacent properties have adequate street access. 4. The developer will be dedicating a new right-of-way and new easements with the new plat. The Maplewood City Council adopted this resolution on , 2004. 32 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 19, 2004 VI. NEW BUSINESS c. Toenjes Hills Estates (McMenemy Street) Mr. Hugh Toenjes, representing the property owner, is proposing to develop asix-lot plat for single dwellings called Toenjes Hills Estates. It would be on a two-acre site on the east side of McMenemy Street, north of Roselawn Avenue. Commissioner Desai asked where the drainage from pond number 2 was currently going? Mr. Cavett said pond number 2 outlets onto the applicant's property and flows over land and goes down into the Roselawn pond, basically where the drainage is proposed to go. Commissioner Bartol asked if vacating this property would affect the property owners at 1944 McMenemy Street and 353 Roselawn Avenue? Mr. Roberts said Mr. Toenjes tried to contact those two property owners to put a plan togetherfor all three of the properties but could not come to an agreement. Therefore, Mr. Toenjes proceeded with his plan because he could no longer wait. He said the city is leaving the Edgemont right-of-way next to these two properties for the future use of the two owners. Commissioner Bartol said that was unfortunate because in his opinion this plan would have resulted in a better plan if the development were larger. He thinks the six homes would be very closely pinched together in a low area. Chairperson Fischer asked the applicant to address the commission. Mr. Tim Freeman addressed the commission as the representative for owners Hugh and Herb Toenjes. He is a land planner and surveyor with Folz, Freeman, Erickson, Inc., 5620 Memorial Avenue North, Stillwater. He said the staff has done a very comprehensive job of reviewing this subdivision and have been very professional in working with the applicants to resolve the issues that have risen. He said they have reviewed the staff report and do not have any issues with the staff report or the conditions listed. Commissioner Mueller said he is having a difficult time trying to imagine how large these lots would be and asked how large the homes would be that would be built on each of these six lots? Mr. Freeman said these six lots are more than 10,000 square feet and are large enough to have ramblers built on them and large enough to have houses with four bedrooms built. Mr. Roberts said he sees this area to be similar in size to the seven single-family lots and homes that were built a few years ago on Burke Circle. Chairperson Fischer asked the applicant if he had any problems with increasing the width of the lots from 95 to 100 feet wide? Mr. Freeman said no, those changes have already been made to the plans. However, they did not have enough time to get the changes to staff in time for the planning commission meeting tonight. Commissioner Pearson asked if the Watershed District had finished their review of this plan yet? Mr. Roberts said the Watershed District report is still pending. The Watershed District started their review but had some comments. The Watershed District received new information but city staff has not received those comments yet. Commissioner Pearson said he wasn't comfortable with the elevation difference on this plan but trusting the Watershed Districts report and staff's assessment of the plan he feels comfortable enough to make the motion. Commissioner Pearson moved to approve the resolution on page 32 of the staff report. These resolutions are for the vacation of the unused Edgemont Street right-of-way and unused alley and excess drainage easements on the property for the site of the Toenjes Hills Estates plat. The city is vacating these because: 1. It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right-of-ways. 3. The developer will be dedicating a new right-of-way and new easements with the final plat. Commissioner Pearson moved to approve the Toenjes Hills preliminary plat (received by the city on April 1, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b. "Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate streetlights in two locations -primarily at the street intersections and at the east end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- footdrainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot). e. Pay the city for the cost of traffic-control, street identification, and no parking signs. f. Provide all required and necessary easements, including any off-site easements. g. Demolish or remove the existing shed from the site, and remove all other buildings, fencing, scrap metal, debris and junk from the site. h. Cap and seal all wells on site; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. i. Complete all curb on McMenemy Street on the west side of the site. This is to replace the existing driveways on McMenemy Street, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility., drainage, erosion control, tree, trail and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin LaBeree dated April 12, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detained to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. c. Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the climate and conditions in Maplewood. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Toenjes Place) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the east side of McMenemy Street and the restoration and sodding of the boulevards. (4) Repair of McMenemy Street (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (9) The cul-de-sac with a minimum pavement radius of at least 42 feet. (10) Label McMenemy Street and the new street as Toenjes Place on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape plan for the areas along the street and the ponding areas. The coniferous trees shall be at 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Revise the plans and lot layout to: 1. Accommodate a 20-foot-wide pedestrian way for a trail from the cul-de-sac to the city park. 2. Make the corner lots at least 100 feet wide on each street. 3. Show the street right-of-way with a width of 60 feet and the cul-de-sac with a right-of-way radius of 55 feet. 4. Show house pads that meet all city setback requirements. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond on the north side of the plat and paying the city for easement for the ponding area on the park property. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemy Street (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all requirements of the city engineer. 8. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 and 6 from going onto McMenemy Street. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 11. The property owner shall submit a petition to the city requesting the installation of the public improvements. 12. 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. Commissioner Desai seconded. Ayes -Bartol, Desai. Fischer, Mueller, Pearson The motion passed. This item goes to the city council on May 10, 2004. Agenda #H3 REPORT SUMMARY Applicant: Site Address: Zoning: Land Use: City Council Hearing Date: 60-Day Deadline: Steven Peltier 1236 Kohlman Avenue Light Manufacturing (M-1) Light Manufacturing (M-1) May 10, 2004 May 15, 2004 Project Description: Steven Peltier is proposing to construct a 1,344-square- foot detached garage on his property at 1236 Kohlman Avenue for the storage of his antique cars. Request: The property is zoned M-1, Light Manufacturing. The property is the location of Mr. Peltier's single-family home and is therefore bound by the city's residential restrictions for garage size. City code allows Mr. Peltier to have a detached garage up to 786 square feet in area. Mr. Peltier's proposed garage exceeds that amount by 558 square feet. In order to construct a garage larger than city code would allow, Mr. Peltier must obtain a conditional use permit. In addition, Mr. Peltier must obtain a conditional use permit for the expansion of a nonconforming use (i.e., expansion of asingle-family home in a commercial zoning district). Recommendations: The planning commission unanimously recommended approval of the conditional use permits at their April 19, 2004, planning commission meeting. Staff also recommends approval of the conditional use permits. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Richard Fursman, City Manager Shann Finwall, Planner Conditional Use Permits Steven Peltier 1236 Kohlman Avenue May 4, 2004 Project Description Steven Peltier is proposing to construct a 1,344 square foot detached accessory structure for the storage of his antique automobiles. The structure will be located in the rear yard of his residential property at 1236 Kohlman Avenue. (See the maps and narratives on pages 7 through 18.) Requests To construct the detached accessory structure, the applicant is requesting that the city approve the following: 1. A conditional use permit (CUP) to expand a nonconforming residential use within a light manufacturing (M-1) zoning district. Single-family homes and their accessory structures are not permitted uses within the M-1 zoning district. The applicant's property is zoned M-1 and his single-family home is considered a legal nonconforming use. City code allows the expansion of a nonconforming use with city approval of a CUP. 2. A CUP to construct an oversized accessory structure. The applicant's property is zoned M-1 but is used as a residential use. Therefore, the applicant's property is bound by the city's residential accessory structure size restrictions. The maximum detached accessory structure size allowed on the applicant's property is 786 square feet. The applicant's proposed detached accessory structure is 1,344 square feet, 558 square feet over the allowable size requirement. City code allows oversized accessory structures with city approval of a CUP. DISCUSSION Detached Accessory Structure The applicant has been a member of the Minnesota Street Rod Association since 1978 and enjoys antique cars and maintaining them as his personal hobby. The applicant currently owns three antique cars that he stores off of his property. Mr. Peltier is proposing to demolish his existing one-car detached garage and construct the new 1,344 square foot detached garage in order to store his personal collection of antique automobiles on his property. The garage will maintain a 5-foot setback to the rear and west side yards, toward the adjacent commercial properties; and an 11-foot setback to the east side yard, toward the adjacent residential property. Grading/Drainage The applicant's property is located within the Kohlman Lake Shoreland Overlay District (within 1,000 feet of Kohlman Lake). Within this overlay district, the maximum impervious surface coverage area allowed is 30 percent, or 50 percent with an impervious surface coverage bonus. Bonuses must be approved by the city engineer and must include a stormwater management plan to reduce stormwater flow or treatment of runoff of non-point-source water pollutants. The applicant's proposed detached accessory structure will bring the lot to 35 percent impervious surface coverage area. The applicant submitted a management plan to the city's engineering department to qualify for a 5 percent impervious surface coverage bonus. (See the grading and drainage plan and narratives on pages 12 through 15.) The plan calls for the construction of two rainwater/infiltration gardens on the south and north side of the new detached garage. Erin Laberee, Engineer I, reviewed the plan and approved the 5 percent impervious surface coverage bonus with the following conditions: A grading escrow of $1,000 will be required prior to issuance of a grading permit to ensure proper construction of the rainwater and infiltration gardens. 2. Driveway must be graded to drain to the most northerly rainwater and infiltration garden. 3. Clean river rock must be used for the gravel part of the driveway to allow for infiltration. 4. The concrete parking pad in front of the garage must be no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. 5. Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. Neighborhood Comment All eleven neighbors that responded to the city's survey of this proposal responded favorably. (See the citizen comments on page 4.) With the grading and drainage issues addressed, city staff also supports the proposal because it will not depreciate surrounding property values, cause crowding or adverse environmental effects, and it will allow the applicant a reasonable use of his property. COMMITTEE ACTION The planning commission unanimously approved Mr. Peltier's conditional use permit requests at their April 19, 2004, meeting. (Refer to the April 19, 2004, planning commission minutes attached. ) RECOMMENDATIONS 1. Adopt the resolution on pages 20 and 21. This resolution approves a conditional use permit for the expansion of a nonconforming residential use to add a detached accessory structure to a property in a light manufacturing (M-1) zoning district at 1236 Kohlman Avenue. Approval is based on the findings required by the code and subject to: a. Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. Steven Peltier 2 May 4, 2004 b. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. c. The proposed expansion must be started within one year after approval or the permit will end. The city council may extend this deadline for one year. d. The conditional use permit shall be reviewed by the city council in one year. 2. Adopt the resolution on pages 22 and 23. This resolution approves a conditional use permit for an oversized accessory structure. Approval is based on the findings required by the code and subject to: a. The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. b. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District and will require city council approval of an impervious surface variance. c. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff: 1) Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. 2) A $1,000 grading escrow to ensure the completion of the required rainwater/infiltration gardens. d. The following conditions apply to the excavation and continued maintenance of drainage on the site: 1) Grade driveway to drain to the rainwater garden. 2) Use a clean river rock for the gravel part of driveway to allow for infiltration. 3) Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. e. The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. f. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. g. The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. h. The conditional use permit shall be reviewed by the city council in one year. Steven Peltier 3 May 4, 2004 CITIZEN COMMENTS I surveyed the owners of the 34 properties within 500 feet of this site. Ten of the property owners responded, all in favor of the applicant's proposal. 1. John C. Kliethermes, Jr., 2720 Maplewood Dr. N.: I have no problem with the proposal and believe he should be allowed to put the building on his property. 2. Judene Potvin, Charles D. Crummy, 1263 Kohlman Ave. E.: As a current homeowner, I have no problem with the proposed building plan. Over the last ten years I have come to know many members of the MSRA and I believe that there is no better set of people when it comes to home appearances and tend to be very detailed individuals. 3. Harold F. Pitt, 1237 County Road C East: Won't bother me. No comments. 4. Owner/Occupant, 2650 Maplewood Dr. N.: Good for him. I'll enjoy seeing his cars drive by our shop. 5. Ronald O. Berqual, 1270 Kohlman Avenue E.: I am in favor of Mr. Peltier being allowed to build a larger garage. In my opinion, the City is too restrictive of size, especially if it is compatible with the exterior of the home. 6. Elizabeth C. Lindquist, Scot R. Lickness, 1287 Kohlman Ave.: As neighborhood residents we do not have a problem with Steven Peltier's proposal to construct a 1,344 S.F. detached garage at 1236 Kohlman Avenue. We appreciate the opportunity to offer our opinion. 7. Barry and Joyce Bauer: I don't think it will have any effect on us in the least. Therefore, it doesn't make any difference to us whether he builds this new garage. 8. Richard B. Atzmiller, 2700 Maplewood Drive N.: As the owner of Angus Meats and the property on which it is located, I have no objections whatsoever to Mr. Peltier's garage construction. . 9. Jonathan Buesing, 1247 Kohlman Ave.: Regarding the proposal for the garage at 1236 Kohlman Avenue, I have no objection to the proposal. My only suggestion is that 2 windows across the front would make it look much better, even if they have bars or solid wood on the inside. I am a bit puzzled by the city rules. The property is M1 and such a garage would be a conforming use for M1. Why is special approval needed? If the house were going to have major work or expansion, then I would understand the requirement for .special approval because of non-conforming use. 10. Telephone call from Michelle Emerson, 1257 Kohlman Ave.: In favor of Mr. Peltier's proposal. 11. Rick and Pam Atzmiller, Angus Meats, 2700 North Highway 61: Mr. and Mrs. Atzmiller submitted the attached April 19, 2004, letter on page 19 which states that they have no objection to Mr. Peltier's proposal. Steven Peltier 4 May 4, 2004 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 7,840 square feet Existing Land Use: Single Family House SURROUNDING LAND USES North: Commercial Multi-Tenant Building zoned M-1 South: Tourist Cabins zoned M-1 East: Angus Meat zoned M-1 West: Single-Family House zoned R-1 PLANNING Existing Land Use Plan: Light Manufacturing (M-1) Existing Zoning: Light Manufacturing (M-1) CRITERIA FOR APPROVAL Section 44-12(e) states that no existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: Required by law. 2. There would not be a significant effect, as determined by the city through a CUP, on the development of the parcel as zoned. Section 44-114(c) states that the city council may approve an increase in accessory structure area through a CUP. Section 44-1097 states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on page 20.) Steven Peltier 5 May 4, 2004 Application Date The city received the application for the land use proposals on January 16, 2004. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal, with a 60-day extension if the city determines that additional material is necessary to process the proposal. After submittal of the application and subsequent routing of the information to the engineering department, the engineering department determined that a grading and drainage plan would be necessary to process the proposal. The city notified the applicant of the requirement for a grading and drainage plan as well as the city's extension of the 60-day land use review. As such, city action is required on this .proposal by the 120-day deadline of May 15, 2004. Attachments: 1. Conditional Use Permit Narrative 2. Location Map 3. Land Use Map 4. Zoning Map 5. Site Plan 6. Grading and Drainage Plan 7. Grading and Drainage Narrative 8. Storm Water System Narratives 9. Elevations 10. Pictures 11. April 19, 2004, Correspondence from Angus Meats 12. Conditional Use Permit Resolution (Expansion of a Nonconforming Residential Use) 13. Conditional Use Permit Resolution (Oversized Detached Accessory Structure) Steven Peltier 6 May 4, 2004 Attachment 1 City of Maplewood January 16, 2004 Letter of Intent for Garage Variance Steven Peltier 1236 Kohlman Ave. Maplewood, MN 55109 651-490-5700 I am requesting a variance to build an unattached garage. The purpose is to house my personal collection of antique automobiles. They include a 1965 Corvette, a 1967 Pontiac GTO and a 1957 Chevy Station Wagon, all of which have been in my possession for up to twenty years. This summer I hope to acquire a 1930 Ford, Model A Sedan. I also own a motorcycle and a truck. My daughter lives with me and drives a Tempo that I also maintain. I have been an active member of Minnesota Street Rod Association since 1978, and a National Street Rod member and Safety Inspector for six years. I enjoy my cars, and maintaining them is a personal hobby. My residence is zoned light manufacturing and I am bordered on three sides by commercial businesses. East of my property and at a much higher elevation, the zoning is residential. Future plans include roofing and siding the house to match the exterior of the new garage. All dimensions of proposed garage are included on the blueprint attached. Sincerely, ~~ u-~•, Steven Peltier ~ ~onai~~io~' ~~ 1(~~I~-~~ J'~ami~-11e Attachment 2 N W E Location Map t .,a t sher's Corner ~~ c~~ ~~ 2650 N W E S __ °~ ;a X2672 _ j _ _ __. __,, 2E Land Use Map 9 F Fisher's Corner 2720 kpy~M,q~ _ ~ ~F Attachment,4 - ~ ~6~4__ ~P C~~ T~ 2650 `M1 ; N W E S R1 Zoning Map 10 ', p.cuL.,~~ 1~aw+.~a Attachment 5 ITj(,. wa.w.+u.•~ ~ MY'1sM+~oo , nM. K~ T+rxT a ~J.+~ ~ut+isv"~rn r_•~~. .. b o saoF wo-~ M ~\ ~~ `. E,.~rt~cq aoCr. tt'iln~.ltl wow.. ~i ~ N .N ~' 1 N W E S _..' 1 ~ 'tbI O- ~CO~ ii~0 I w1w+ G~i~6~ 1 1 1 1 ~ 1 ' i 13yy S ~~ • 1 ~~ - -~ ~, yg, .~ W I v ( •~w ~- M~~.•1tw 4M~I~Yi- I.iO~/lIO~J sss. ~....~. 3.6„ ~~` ~ 'e Site Plan 11 Attachment 6 ~., .. ---~ Via, V J, ~::_.. r e- $' r ~!' - . :~ P~'Ak ; _~ _...d _ _ M.: .. ~ _ ~... _ . _ _ . _ W__.._~..__.~.~.~. _~_.~ ~ ~~ i ,~ ~ i i s I~ ~------- a ~'------~ ~~~ ~~~ r ~~ F~ ~ ~-~, r ~-z ,~ : ~ .. Q y ~J ~~. p~ U =EVE/ 12 ~ ~ ~ ~~ ~. r V~~1 1 1/~~ ~ e4~ ~ ,, ~ ~ \. ~. T ( !a Attachment 7 To: Maplewood Public Works 3/12/04 Regarding the water runoff issue for proposed garage at 1236 Kohlman Avenue. I have met with Maplewood Public Works, and three landscaping and design contractors for a solution to the water runoff issue. I have decided to install a rainwater garden upon completion of the garage, as per recommended. I have met with the owner to my west, Angus Meats, as we are the only properties that are affected by this addition. I will install the rainwater garden upon completion of the garage simply because of safety concerns during construction, moving ladders, carrying materials, etc. I propose to install garden on the entire south side, approximately half of the north side as the other half of the north side will have a sloped driveway apron due to location of overhead door. After discussing this with Public Works and the landscape contractors we feel confident that this combination of the sloping apron and installation of the rainwater gardens will be more than adequate. Please see attached drawing. Thank You, Steven Peltier 1236 Kohlman Avenue Maplewood, MN 55109 651-490-5700 '(n1i r'~ ~~~i'i u~ "i~;1 _LI~.i.9.- .~..~. MAR 1 2 ~~~~ ,s GMdirgl~(~A~M~j2 '`~'1~~4~iJ~ J ~ ~;~ ~~,- Lanscape & Design Inc. Attachment 8 jon Carson 14350 Ebony Lane Apple Valley, MN 55124 (952)423 5223 cell 418 7781 Estimate Steven Peltier 1236 Kolhman Ave. Maplewood, MN 651-490-5700 02/28/04 Description There are a couple options for the water run-off from your garage roof. We could make a curtain drain, a catch basin or a drainage swale. The best option is the drainage swale. A swale is a shallow ditch that carries water away from the building. We will start the swale at the southwest corner of'the garage and pitch it to the east. At the southeast corner we finish the swale pitching it to the north. This should take care of any drainage problem you might have with the roof run-off water of your garage. If you have any questions please call, Thanks. Jon Carson 952-423-5223 14 ~-o~~,~~~~ 5ys~e,~ ~~~~,~ T ember :~ w~Turf . ,. .Outdoor Services, Inc. 2688 Maplewood Drive Maplewood, MN 55109 March 2, 2004 (651) 481-0744 Steven Peltier 1236 Kohlman Ave. Maplewood, MN 55109 ( Storm water storage system. ) Timber-n-Turf Outdoor Services proposes the following work: Excavate and dig trenches approx. 40" in depth below drip line on north and south side of new garage to prepare for drain work. 2. Line walls of trenches with anon-woven filter fabric to prevent soils from mixing with drainage rods. 3. Fill trenches approx. 4" from the top with 11/2" river rock to acquire storage for surface water run off, until its absorbed info soils below. 4. Cover trenches with filter fabric to prevent surface soils from mixing with drainage rock and plugging drain system. 5. Fill remainder of trench areas with a well draining soil. 6. Final grade and sod trenches and surrounding areas. 7. Clean up all debris from job upon completion. The above work will be performed for the sum of $ 2,460.00. Down payment of one half, balance due at completion. If you would like to schedule the above work, please sign and return one copy of proposal along with down payment. Please call merf you have any questions. Thank you for the opportunity to submit this proposal. I look forward to hearing from you. ~~a~,~ John arner 3 ~-ay Date Accepted by Date ~ ~ ~~'MV~q~eC' ~em5 ~crh~i~. Attachment 9 13 'rD MeG n ~n 1`vot ~ i ~Q ~o~T"H (~otsT~ ~. --/r i mss,- c~~~.~ Q, ~; Q' __t Elevations 16 Attachment 10 17 ~~a~.sr of ~o~rY :x. ~lek1 ~q~~9e loCU~~or~ ~; :~, ~. ~ ter' .~ y: 18 ~. ~- - ~,- ~eq~ of ~i~~Qr~l AN60S MEATS Attachment 11 2700 North Hwy 61 Maplewood, MN 55109 USA Phone 651-484-9447 Fax 65183-3549 April 19, 2004 To Whom It May Concern, New Garage Proposal As owners of Angus Meat Market and the property on which it is located, we wish to go on record as having no objection to Mr. Peltier building a new garage. Not only have we no objection, but, considering the condition of the old garage, it's replacement will be much more pleasing to the eye which will benefit all properly owners in the neighborhood. Sincerely, Rick & Pam Atzmiller Angus Meat Market 19 ATTACHMENT 12 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Steven Peltier applied for a conditional use permit to expand a nonconforming residential use (addition of a 1,344 square foot detached accessory structure) within a light manufacturing (M-1) zoning district; WHEREAS, this permit applies to property located at 1236 Kohlman Avenue, Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477. WHEREAS, the Ramsey County Property Identification Number for this property is 04-29-22-44-0043. WHEREAS, the history of this conditional use permit is as follows: On April 26, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On May 10, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 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. 20 Approval of the conditional use permit is subject to the following conditions: Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. 2. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. 3. The proposed expansion must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 4. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on _ , 2004. 21 ATTACHMENT 13 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Steven Peltier applied for a conditional use permit to construct an oversized detached accessory structure (1,344-square-feet in area); WHEREAS, this permit applies to property located at 1236 Kohlman Avenue, Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477. WHEREAS, the Ramsey County Property Identification. Number for this property is 04-29-22-44-0043. WHEREAS, the history of this conditional use permit is as follows: On April 26, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On May 10, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 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. 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. 22 Approval of the conditional use permit is subject to the following conditions: The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. 2. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District and will require city council approval of an impervious surface variance. 3. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff: a. Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. A grading escrow of $1,000 will be required with grading permit to ensure proper construction of the rainwater and infiltration gardens. 4. The following conditions apply to the excavation and continued maintenance of drainage on the site: a. Grade driveway to drain to the most northerly rainwater and infiltration garden. b. Use a clean river rock for gravel part of driveway to allow for infiltration. c. Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. 5. The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. 6. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 7. The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 8. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on _ .2004. 23 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 19, 2004 VI. NEW BUSINESS b. Conditional Use Permits -Peltier (1236 Kohlman Avenue) Mr. Roberts said Steven Peltier is proposing to construct a 1,344 square foot detached accessory structure for the storage of his antique automobiles. The structure will be located in the rear yard of his residential property at 1236 Kohlman Avenue. Chairperson Fischer asked the applicant to address the commission. The applicant, Mr. Steven Peltier, residing at 1236 Kohlman Avenue, Maplewood, addressed the commission. Mr. Peltier said he is currently paying to store his antique cars and that is the reason he would like to build a garage. He currently has asingle-car garage, which has no storage. Mr. Peltier brought a letter from one of his neighbors Angus Meats stating they are okay with the building of his garage. Mr. Roberts said staff would include the additional letter in the file for the city council report for their next meeting. Commissioner Pearson asked if the estimate on page 14 of the staff report was part of this proposal? The letter from Horizon Landscape & Design, Inc. proposes a drainage swale and he asked if the applicant was going to use a drainage swale or the rainwater gardens as proposed by staff? Mr. Cavett said Mr. Peltier had gotten proposals from 3 different contractors showing 3 different options and has proposed to use the rainwater gardens. As part of his garage building permit the city would be working with Mr. Peltier not only on erosion control issues but to ensure everything works well. Commissioner Pearson wanted to ensure that plan was "a" proposal and not "the" proposal. Mr. Cavett said correct, it was only "a" proposal to have the drainage swale not "the" final plan. Commissioner Mueller moved to adopt the resolution on pages 19 and 20 of the staff report. This resolution approves a conditional use permit for the expansion of a nonconforming residential use to add a detached accessory structure to aproperty in alight-manufacturing (M-1) zoning district at 1236 Kohlman Avenue. Approval is based on the findings required by the code and subject to: a. Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. b. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. c. The proposed expansion must be started within one year after approval or the permit will end. The city council may extend this deadline for one year. d. The conditional use permit shall be reviewed by the city council in one year Commissioner Mueller moved to adopt the resolution on pages 21 and 22 of the staff report. This resolution approves a conditional use permit for an oversized accessory structure. Approval is based on the findings required by the code and subject to: a. The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. b. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District will require city council approval of an impervious surface variance. c. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff. 1.) Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. 2.) A $1,000 grading escrow to ensure the completion of the required rainwater/infiltration gardens. d. The following conditions apply to the excavation and continued maintenance of drainage of the site: 1.) Grade driveway to drain to the rainwater garden. 2.) Use a clean river rock for the gravel part of driveway to allow for infiltration. 3.) Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. e. The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. f. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. g. The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. h. The conditional use permit shall be reviewed by the city council in one year. Commissioner Pearson seconded. Ayes -Bartol, Desai. Fischer, Mueller, Pearson The motion passed. This item goes to the city council on May 10, 2004. Agenda #J1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 4, 2004 RE: 2004 Council Appointment - 800 MHz Representative Tntroduction At the first meeting of the year, the Maplewood City Council officially makes the year's appointments to organizations of which the City is a member and to those who serve at the pleasure of the Council. At the January 12, 2004 meeting, council appointed former Councilmember Kenneth Collins to serve as the 800 MHz Representative. The committee determined that the city would have to appoint a new representative because Mr. Collins was no longer an elected official. Councilmember Juenemann has been serving as the city representative since the beginning of the year. Appointment 2003 2004 Recommended 800 MHz Representative N/A N/A Recommendation It is requested that council make a formal appointment to the 800 MHz Committee. Agenda K1 INTEROFFICE MEMORANDUM TO: CITY MANAGER FROM: ASSISTANT CITY MANAGER SUBJECT: CABLE COMMISSION PRESENTATION DATE: 5/5/2004 INFORMATION Over the past few months, the Cable Commission, City Council and our cable representative, Ms. Kim Facile, have been reviewing and proposing policy options for public access cable programming. The specific issue under consideration is how to handle complaints of defamation or slander on access programs. Attached for your review are two memos and supporting documents outlining possible methods fox addressing these types of complaints. In Ms. Facile's latest memorandum dated April 22nd, 2004, Ms. Fascile makes reference to an "Option 3." Please review this material and take note of a document drafted by Tim Finnerty, Executive Director of the Ramsey-Washington Suburban Cable Commission. In this document, dated 12/15/03 there is an Executive Summary towards the back of the packet. This includes an attachment #2, from Commissioner Facile, outlining and commenting on the merits of the 3 options. It also notes a 4~ option that was proposed by the Ciry of Maplewood, that would establish a peer review Board to address complaints. It is staff's understanding that formal action on this matter has not taken place by the Cable Commission. Staff is suggesting that Ms. Facile report on the actions taken to date by the Cable Commissions and/or appropriate committees. It is also recommended that Ciry Council indicate the policy choice they would prefer to see enacted. It is staff's belief that Policy Option #4 would be the most appropriate and fair. Attachment #3 is an e-mail sent from Sarah Sonsalla with comments on the legal aspects of using a Peer Review Board. It should be noted that legal staff finds there is no exposure to the Cable Commission in utilizing this process. RECOMMENDATION Our recommendation, we believe, is fair and most importantly, protects all individuals' First Amendment Rights. Option #4 as outlined, keeps the review process internal and provides access to all citizens who have a complaint. This gives an easy and quick resolution by peers in the access program producer's arena and is an appropriate and consistent way to address matters related to all public access programming. In addition, it is requested that Ms. Facile relay this information at the next Cable Commission meeting and ask that the Commission consider the City of Maplewood's recommendation for adopting Policy Option #4. S: Com_Dvpt.councilreport.cable.5.10.04 Attachments: 1-Memorandum from Kim Facile- 4/22/04 2-Memorandum from Tim Firnnerty-12/15/03 3.-Legal comments on Cable Memo- 5/05/04 2 A-Hz~.~mlvit~ ~ MEMORANDUM Apri122, 2004 TO: Mayor Cardinal and City Council Members FROM: Kim Facile, Cable Commission Director RE: Status of Policy Options for Programming Complaints Alleging Defamation I want to report on the status of the options (and related recommendations) before the Cable Commission regarding its policy for handling of complaints alleging defamation in connection with public access cable programming. My intent is that this memo will clarify the status of the matter and obviate need for a separate presentation of the same information in a Council meeting or workshop setting, although I am also happy to meet with the Council directly at its wish. Background At my request several months ago, the Cable Commission directed its Ch. 15 Public Access Advisory Committee to examine how the Cable Commission should address defamation-related complaints. I requested this because I had received inquiries from Maplewood constituents about such policy. The Cable Commission's existing policy in fact prohibits the use of public access channel 15 for transmission of programming containing defamatory material. However, the policy does not provide specific details as to how the Cable Commission would handle a complaint alleging the transmission of defamatory material. The Ch. 15 Public Access Advisory Committee studied the matter, identified three basic options for handling such complaints, examined implementation details of each, and finally recommended one for adoption by the Cable Commission. At my request, the Cable Commission tabled final action on the recommendation of its Ch. 15 Public Access Advisory Committee so that I could share it with the Maplewood constituents who had inquired, as well as the full Council, and provide the opportunity for feedback. That occurred during the February-March timeframe. I appreciate the feedback I received thus far. It is my intention to report on such feedback to my colleagues on the Ch. 15 Public Access Advisory Committee when it meets in approximately two weeks. MEMORANDUM PAGE TWO Current Status and Recommendation Ultimately, the original policy questions reviewed by the committee implicated defamation--a very specific and highly legalistic matter. The Ch. 15 Public Access Advisory Committee conducted that examination at my behest as Maplewood's representative in response to Maplewood constituents, and I believe they worked diligently and in good faith to arrive at a policy recommendation that is legally sound and responsive to the specific nature of defamation. Since then, the feedback I have received reflects concerns or questions that may well be important and that may well warrant review by the Cable Commission, but those concerns and questions are beyond the scope of defamation and, therefore, not appropriate for inclusion within a policy specific to handling defamation-related complaints. Certainly, I will pursue answers to those concerns and questions, and I will respond to constituents (or the Council as the case may be) on any programming matters that are of concern, though not applicable to defamation. And if necessary I would not hesitate to ask the Cable Commission to consider separate policy options that might address those concerns and questions. I have attached a memorandum to the Ch. 15 Public Access Advisory Committee outlining three such matters, and each can be considered independently. Meanwhile, regarding policy specific to handling of defamation-related complaints, it is my intention, unless otherwise directed, to recommend and support adoption of Option 3 by the Cable Commission. Summary of Recommended Option 3 (Court Order) I previously sent you a memorandum indicating the options identified by the committee, as well as its analysis and recommendation regarding Option 3. I encourage anyone interested in this matter to read that memorandum, prepared on behalf of the committee by Cable Commission Executive Director Tim Finnerty. For your convenience, here is a summary of Option 3: Under this option, a written court order finding that defamation occurred must accompany a defamation-related public access programming complaint made to the Commission. Upon confirmation of the court order, the Commission would invoke public access suspension/termination. • This option provides the Commission with independent proof of defamation as determined by a court of law. Other options lacked the same level of independence and confidence regarding the legal accuracy of a determination. • This option provides the best assurance of due process to the parties because determination of defamation is made independent of the various legal, financial, operational, and other interests of the Commission and its Member Municipalities. • Because it relies on the ruling of a court, it provides the lowest level of Commission exposure regarding a claim arising due to an improper finding of defamation. This option is the one favored by the League of Minnesota Cities Insurance Trust (LMCIT). LMCIT provides liability insurance coverage to the Cable Commission. MEMORANDUM PAGE THREE • This option is the one recommended by the Cable Commission's attorney • This includes amending the public access rules and procedures to reflect the Option 3 policy approach and to incorporate all applicable details. The next meeting of the Ch. 15 Public Access Advisory Committee is Monday, Apri126, and I expect that the agenda will include a report on the feedback related to the Option 3 recommendation. Based upon that, the committee may choose to proceed with its recommendation to the full Cable Commission for consideration and adoption, perhaps in time for the May 13 meeting of the full Cable Commission. I intend to provide an update report to you regarding the status or resolution of the matter. Meanwhile, please do not hesitate to contact me if you should have any questions or comments. Thank you. Cc: Beverly Friendt, Cable Commission chairperson Ch. 15 Public Access Advisory Committee members Enclosure: Memo to Ch. 15 Public Access Committee MEMORANDUM Apri122, 2004 TO: Ch. 15 Public Access Advisory Committee FROM: Kim Facile RE: Feedback pertaining to Option 3 recommendation; other feedback Feedback Pertainin to O tion 3 Recommendation As you know, I requested the opportunity to seek feedback from my constituents in Maplewood regarding the committee's recommendation of Option 3. I appreciate the committee's willingness to table the recommendation in order to afford me the time to do that. As you might imagine, I had lots of dialogue with constituents. And it was all useful in one way or anoW to the olicl opt ons regarding defamationtcoymplaints thatng believeet at the combmittee narro p Y had not previously considered: 1. League of Minnesota Cities Insurance Trust feedback on Option 3. Tim Finnerty has advised me that the Cable Commission attorney, Mike Bradley, contacted the LMCIT to discuss the options considered by the committee, as well as its recommendation of Option 3. (LMCIT provides liability/errors/omissions coverage to the Commission, including legal defense of the Commission in the event of litigation). My understanding is that LMCIT expressed to our attorney a recommendation for Option 3. 2. Question: Under Option 3, should the suspension or termination penalty be specified? Currently, Option 3 states that suspension or termination could be applied if a defamation complaint, with supporting court order, is received and verified by the Commission. Should Option 3 include a mandatory suspension period, or mandatory termination? You should know that I received some feedback that was negative toward Option 3 as an overall concept, but the underlying rationale of that feedback had already been part of the committee's previous debate, so I will not restate that here. There was a brief attempt at formulating a fourth option for consideration, but as its basic details started to flesh out, it became apparent that it was not viable. Other Feedback In the course of seeking feedback relative to Option 3, I received other concerns and questions that, while not directly applicable to Option 3, seemed worthy of reporting to the committee. I do not expect that consideration of these should hold up the committee's recommendation of Option MEMORANDUM PAGE TWO 3 to the full Commission. These are concerns and questions that can be examined independently from Option 3, as well as subsequent to adoption (in that event) of Option 3 by the Commission. I. Requirement for Public Access Users to Carry Liability Insurance Coverage. 2. User agreement. Language added to the user agreement that would require users to certify the accuracy of factual representations contained within their programming. I have asked the staff research these and report at the committee meeting. Thanks. Bert Darst From: kimfacile@comcast. net Sent: Sunday, February 29, 2004 10:43 AM To: Will Rossbach; Jackie Monahan-Junek; Marvin Koppen; Kathleen Juenemann; Robert Cardinal Cc: timfinnerty@rwcable.com; patrick.kelly@ci.maplewood.mn.us; Richard Fursman Subject: Cable Commission needs your input on Defamation Policy ~~ Xi' Quarantined Ch15_DefameRec.p Defamation Policy Attachment.txt df Update-2 Z-2... ®~ Option 4- Peer Review Board.do... Dear City Council members, I have been working on the defamation policy for public access with the Public Access-Channel 15 committee since last October. At this point, I need your input and direction, as well as a specific policy recommendation that you are comfortable supporting as we move forward in this effort. I am attaching the following to this email: my executive summary, the current public access Operating Rules, Tim Finnerty's (Executive Director) summary of the issues involved, and a draft of a fourth option. My summary is named "Defamation Policy Update2-2-21", Tim's summary is a .pdf file (open it with Acrobat), the others are self-explanatory. I would like to talk with you after you have had a chance to review the documents, especially the summaries and the proposed option, and see how you would like me to proceed. I need a concrete proposal with fairly specific language that I can explain, and may ultimately need to present it to the entire commission. Our next full Commission meeting is on March 11th, and a special Channel 15 Committee meeting has been set to discuss this issue on March 22. These dates are approaching very quickly. I look forward to speaking with you at your earliest convenience. Thank you for all the work you do on behalf of our city! Respectfully, Kim Facile 1 At~,ch meat 2 DRAFT 12/15/03 TO: COMMISSIONERS FROM: TIM FINNERTY, EXECUTIVE DIRECTOR SUBJECT: CH. 15 PUBLIC ACCESS COMMITTEE'S PRELIMINARY RECOMMENDATION REGARDING POLICY FOR TREATMENT OF PROGRAMMING COMPLAINTS ALLEGING DEFAMATORY CONTENT The Commission's policies for Public Access use of Channel 15 prohibit the transmission of defamatory content. If a statement transmitted over Ch. 15 was determined to be defamatory, the implicated producer would have violated Ch. 15 policy and, therefore, could be subject to suspension or termination regarding use of public access. To the best of our historical knowledge, there has never been a determination made that a public access program in the Ramsey/Washington system contained defamatory content. I am not aware of any court case of that nature, nor any Commission proceeding. Therefore, no public access user has ever been suspended or terminated for such a violation. However, from time to time there have been concerns raised along these lines about public access programs, but not in the form of a formal, written complaint (a procedural requirement recommended by our attorney several years ago as a basic condition for consideration of any such complaint by the Commission). Recently, questions and concerns have been raised about the Commission's policies and procedures relative to how the Commission would handle such complaints and make any determinations. That prompted the Executive Committee to direct the Channel 15 Public Access Committee to examine the issue and provide any needed explanation, analysis, or recommendations. Please find below my summary of the committee's examination and its preliminary report and recommendation. What is Defamation? The Ch. 15 Public Access Committee's first reviewed the meaning of "defamation." The Commission attorney met with the committee and provided important legal background, including the legal definition of defamation, as well as analysis of the various issues at hand. Defamation, also known as libel (when in written form) or slander (when spoken), is generally defined in law as a false statement, uttered by a speaker who knew or should have know of such falsity, communicated to third parties resulting in damage to the reputation of an individual. How is Defamation Determined? Determining whether a statement is defamatory requires use of legal standards that have evolved from many court cases over the course of many years. Typically, complaints of defamation are heard in a court of law. A plaintiff (an individual who believes that she or he has been defamed) files a complaint (a civil law suit) against a defendant or defendants (the person having made the statement and perhaps those responsible for communication of the statement to third parties). An adjudication process ensues involving the discovery of facts and evidence and the application of the legal standard pertaining to defamation. The adjudication process may need to answer all of the following questions: • Was the statement false? • Was the statement made as a "statement of opinion," as opposed to a statement of fact? • Did the person who made the statement know of its falsity? If not, was the person who made the statement "negligent" because she or he should have known of its falsity? • What is the evidence of any damage to one's reputation occurred, and is that evidence valid? • Is the plaintiff a public official or public figure? • Was the statement made with actual malice? The answers to these questions are key to determining whether the legal standards pertaining to defamation are applicable. What is the Commission's Liability? The attorney has advised that under any circumstances, the Commission's liability is limited under Federal law to injunctive or declaratory relief. That means if sued, the Commission would not be subject to monitory damages, but would need to follow any court order (for example, an order to remove a defamatory program, or to reinstate one that has been removed but subsequently is deemed not to be defamatory). The Commission would be responsible for the costs of its legal defense in a suit, including attorneys' fees and insurance deductible for any legal defense covered by the Commission's LMCIT insurance policy. Policy Options for Determination of Defamation The Channel 15 Public Access Committee has reviewed alternatives for handling defamation related complaints. Ultimately, the Committee looked at the existing policies and procedures of the Commission, as well as two other approaches. Regarding each, the Committee discussed and debated advantages and disadvantages not only from the perspective of the Commission, but also relative to the potential interests of public access producers and complainants. ALTERNATIVE # l: Current Approach As stated before, defamation is prohibited on Ch. 15. The process for filing a complaint with the Commission, including any process the Commission would use for determining whether a program contained defamation, is not specifically, detailed within the Operating Rules. Precedent action, however, has included the requirement for the submission of a detailed written complaint to the Commission. On several occasions, that was communicated to inquiring individuals, but no written complaint was subsequently submitted. In that regard, it is somewhat speculative as to how particular complaints might carry forward. The action steps could vary dependent upon the specific nature of any particular complaint. It seems likely that staff and legal counsel would conduct an internal, preliminary review and advise the Commission's leadership accordingly. In any case, the lack of detailed procedural steps in policy is not disabling to the Commission's ability to act upon receipt of a written complaint. Indeed, staff and legal counsel cannot dismiss that the Commission policy may intentionally omit detailed procedural steps so as to afford the Commission the maximum flexibility to exercise all available alternatives at any stage of handling any given complaint. That flexibility, on one hand, could allow the Commission to render a conclusive determination as to whether defamation occurred. In that course, the Commission would certainly utilize its staff and legal counsel to carry out any necessary action steps, to communicate with the implicated parties as needed or required, and to implement any resolution as authorized and as consistent with policy. Given the complex legal nature of defamation, it is very likely that the Commission and staff would need to rely on its legal counsel throughout the process, including the investigative and discovery phases and to an ultimate legal opinion that evaluates the facts and evidence and applies the legal standards. Ideally, the Commission could then definitively resolve the complaint. On the other hand, that flexibility also allows the Commission option of taking no action at all. The Commission may choose to take no action upon receipt of a written complaint. Under the current policy, that is a clear choice available to the Commission. For example, a written complaint could be submitted, staff and legal counsel could begin to undertake a review, but for any number of reasons, the Commission may decide not to proceed with further action. For awould-be complainant, however, such "flexibility" may well represent uncertainty and risk. A complaint of defamation is likely to be of a personal and sensitive nature. Why submit a written complaint with the possibility that the Commission may exercise its flexibility to not proceed? Ultimately, the current approach provides the possibility, but does not a guarantee, that an complainant might obtain a local decision without necessarily having to go through a legal proceeding in state or federal court. In the event the Commission chose to fully adjudicate a complaint, the legal fees could be significant. The attorney estimated as much as $15,000, although that could vary depending upon the details of the complaint and the level of investigation and discovery required for a legal analysis. The Commission has a general legal budget of $25,000, but that does not include an assumption about covering such costs. The Commission has not separately budgeted for such legal expenses. The committee discussed the notion of recovering such costs from the complainant or defendant (dependant upon the concluding determination). While possible to create a complaint agreement stipulating reimbursement, as well possible to incorporate a reimbursement provision within the public access user agreement, the Ch. 15 Public Access Committee expressed concern about the impact of such a policy on public access use. Additionally, if a complainant is potentially "on the hook" for as much as $15,000 in reimbursements to the Commission, would she or he be better served by spending such funds for real litigation that will assure a lawful, binding outcome? Frankly, the expense of actual litigation was a key reason these policy and procedural questions were raised with the Executive Committee and Ch. 15 Committee in the first place. The notion of requiring awould-be complainant to agree to reimbursement of Commission legal fees would discourage a complaint filing. Regardless of whether the Commission or other parties cover those costs, a decision by the Commission (particularly a judgment against a producer that suspends programming, but also conceivably one that goes the other way) may result in litigation against the Commission. The liability of the Commission was previously noted. but the attorney suggested that the public access users and complainants could be required to agree with such liability limitation, although it is unclear about how public access users or would-be complainants would react. Other less significant "housekeeping" policy modifications were suggested in the event of continued use of the current approach (adding language that explicitly, rather than implicitly, prohibits defamatory content; and also adding language identifying the requirement for a written complaint). Ultimately, even with the suggested revisions, the Ch. 15 Public Access Committee does not place Alternative #1 (the current approach) as its first choice recommended to the Commission. ALTERNATIVE # 2• Administrative Law Tudge The second alternative reviewed involved the Commission's utilization of an independent administrative law judge (ALJ). Essentially, the Commission would, upon receipt of a written complaint alleging defamation, send it to an ALJ who would review it, conduct a discovery process to ascertain facts and evidence, and then render a written opinion. That written decision would then be utilized by the Commission as the basis for any determination of policy violations and related sanctions. This approach has the advantage of placing the process for adjudication of the complaint with an independent person who is trained in the law. It is not actual litigation, so the results of the AJL are not legally binding on any party. It would serve as a means of providing the Commission with an analysis and opinion. The major drawback to this is the cost. An ALJ can be hired through the State's Office of Administrative Hearings, and an hourly rate is charged. That rate is comparable to the rate for an attorney. Of course, the amount of ALJ time required would vary dependent upon the specific nature of the complaint. But it would not be unreasonable to assume that the cost figure of $15,000 suggested under Alternative #1 relative to the cost of the Commission attorney's time is applicable here. The Commission has not specifically budgeted for this. As with Alternative #1, the committee discussed the notion of recovering such costs from the complainant or defendant (dependant upon the concluding determination). But such a policy seemed to yield very negative consequences. Also as part of this alternative, committee discussion included the notion of suspending the program (and producer) named in the complaint during a complaint adjudication process. From the perspective of a would-be complainant, such an approach might ease fear of on-air reprisals during an adjudication process. The Commission attorney indicated that this presents possible exposure to claims against the Commission by a producer for suspending the producer prior to a determination being made as to whether defamation occurred. Ultimately, the Ch. 15 Public Access Committee deemed the use of an ALJ as the least desirable of the alternatives examined. ALTERNATIVE 3: Court Order The Ch. 15 Public Access Committee recommends this approach. The Commission attorney advises that this is the best policy choice for the Commission. Under this scenario, the Commission would review defamation-related complaints that are accompanied by a court order stating that defamation has occurred. Upon confirmation of the court order, public access suspension/termination .policy would be implemented. In other words, anyone who believes they have been defamed would first need to take their complaint to a court of law. Assuming the court ruled in favor of the complainant, the written determination of that court could then be filed with the Commission. The Commission's action would be narrow to implementing suspension/termination-with the violation having been determined by the court. It assures maximum due process to the parties, it is impartial, and any determination of defamation is made independent of the Commission and its various legal, financial, operational, and other interests. Because it relies on the ruling of a court, it limits the Commission's exposure from a claim of an improper finding of defamation on the part of the Commission. (Conversely, the approach of Alternative #1 relies on the Commission making its own determination, while Alternative #2 would rely on the non-binding opinion of an ALJ. In both instances, the assumption is that the underlying determination is the same as if rendered in a court of law. If the assumption is later found to be wrong, it presents added exposure for the Commission). From the perspective of public access producers, this approach would not present any new of element of responsibility or liability. Public access producers have never had any special insulation from exposure to litigation. The Commission's liability is, by law, limited. But the law provides no such liability limit to an individual public access producer. They are on their own in a court of law to defend themselves and their programming content. That is a fact that the staff tries to convey on an ongoing basis. Adopting this approach as policy certainly would reinforce that notion among public access producers. From the perspective of a would-be complainant, this approach would require that they prove their claim of defamation in a court of law. That implicates personal expense for hiring an attorney to file a suit, use of personal time for court date, depositions, and other elements to the preparation of a case. No doubt, would-be complainants would prefer an alternative that adjudicates their complaints simply and without incurring personal expense. However, any of the alternatives must grapple with the same complex legal questions and analysis, thereby implicating expense. There is no guarantee that any particular approach would be less costly than the others. Given that, it is possible to envision advantage s for a complainant in the Court Order approach over the other methods. First is that a court's decision is legally binding and could address far more than whether the Commission's channel 15 use policies have been violated. For example, alternatives #1 and #2 would not yield money damages for the defamed party. That could only come from a court determination. Certainly, alternatives #1 and #2 do not preclude a subsequent court determination. However, is there a risk that the process or outcome of alternative #1 or #2 could negatively affect the plaintiff's case in a subsequent legal suit? It is uncharted territory. Alternative #3, the Court Order approach, would avoid such uncertainty and possible risk. It also conceivably provides a means of addressing concerns about on-air retaliation. A judge could impose restrictions relative to telecasting pending the outcome of the litigation. The plaintiff would need to make their case for such action. The Ch. 15 Public Access Committee's directed me to convey their recommendation, made at their December 15 meeting, as "preliminary." The purpose of that was to afford the committee members and staff the opportunity to offer any new perspectives or information prior to the Commission's January meeting. I have no such additions to report, and assuming nothing comes forth in that regard in that timeframe, it is my understanding that the committee's preliminary recommendation would become an unqualified one. Please feel free to contact me if you should have any questions or comments. RAMSEY-WASHINGTON COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION II Resolution No. Amendment to SCC Operating Rules The Ramsey Washington Counties Suburban Cable Communications Commission II (the "Commission") finds: I) That it is a privilege, not a right, to produce public access programming. 2) That public access programming is a very powerful communications medium that reaches into over 25,000 subscriber homes within the Commission's member cities, twenty four hours per day seven days per week. 3) That an Offending Party has the ability to significantly damage an individual's reputation in the Commission's respective communities through the use of defamatory material in a public access program. 4) That programming containing Defamatory material has no social value or is of such slight social value as a step to truth that any benefit that may be derived from it is clearly outweighed by the social interest in order and morality. 5) That Defamation is an extraordinary problem that shall not be tolerated by the Commission and shall be prohibited from any public access program. 6) That Minnesota or United States District Court is the proper venue for a Complainant to complain of defamation. 7) That the Commission does not have jurisdiction to resolve third party disputes. NOW THEREFORE, the Commission resolves to amend the SCC Public Access - Operating Rules as follows: 5 -PROGRAMMING COMPLAINTS 5.1 Defamation Complaints. a) For purposes of handling Defamation Complaints under this Article 5, the following definitions shall apply: i. Complainant. Complainant shall mean any person who believes that he/she has been defamed in a program aired on the Commission's Public Access Channel. ii. Commission. Commission shall mean the Ramsey/Washington Counties Suburban Cable Communications Commission II. iii. Defamation. Defamation shall mean any material in a program and/or presentation that would be deemed defamation slander or libel by local community standards or by standards established by any federal, state, or local regulation or law. iv. Executive Director. Executive Director shall mean the Executive Director appointed by the Commission. v. Offending Party. Offending Party shall mean any public access producer or any other user that published or produced programming that has been alleged to be defamatory. b) Where a Complainant has been aggrieved by an Offending Party as the result of a show aired on Channel 15, the Complainant may file a complaint in a court of competent jurisdiction over the matter, seeking a determination that defamation did occur on the particular occasion(s) specified in the complaint. c) Upon a temporary or final order or judgment in favor of the Complainant and against the Offending Party, the Complainant may bring the court order to the Executive Director. d) The Commission will not consider any case of defamation without the presentation of an official court order that holds that defamation occurred on the particular occasion(s) complained of by the Complainant. e) Upon presentation of a court order confirming the occurrence of defamation, confirming a violation of SCC Policy the Offending Party's Access privileges may be suspended or terminated. f) Any relief sought by a Complainant or an Offending Party against the Commission shall be limited to injunctive relief and declaratory relief. See 47 U.S.C. § SSSa(a); Coplin v. Fairfield Public Access Television Committee, 111 F.3d 1395 (8t~' Cir. 1997). PASSED AND ADOPTED THIS _ DAY OF , 2004 By: Chair ATTEST: By: Its: A New Option to Address Complaint Resolution Option #4: Peer Review Board A written complaint to the Commission, citing specifics regarding the incident that the complainant believes to be defamatory, is required. The following needs to be included in the written complaint: a. Specify the particular defamatory utterance b. Identify the programming containing such utterance c. Identify the date and time of telecasts of such utterance d. State the basis for concluding that such utterance is defamatory e. Include any other relevant facts or information £ If possible, include a copy of the program or segment of the program in question. 2. A hearing by an ad-hoc complaint committee, a Peer Review Board, is scheduled. The complaint is forwarded to the members of this Board. The Board is made up of 3 public access producers, including at least one from another local public access facility. It also includes a staff member from the local public access facility, a staff member from another local public access facility, and at least one Commissioner. 3. The Producer is notified of the complaint against them. He/she is given a copy of the complaint, as well as the date of the hearing. The Statement of Compliance specifies that any on-air discussion of issues of dispute prior to their resolution would be grounds for suspension of public access privileges. The Producer is to respond to the Board to defend his position in the Complaint. 4. The hearing of the Peer Review Board will be held at its earliest convenience, within 2-3 weeks of the Complaint's submission. Each party will have an opportunity to explain their position. 5. If the programming is found to be in violation of the SCC's Operating Rules as outlined in the Statement of Compliance, a finding of such by the Board will be forwarded to the Executive Director. 6. The Executive Director would implement the appropriate resolution as authorized and consistent with policy. Such action would then be communicated to the full Commission during a regular meeting. Issue Considerations Dependence on This option would eliminate the requirement to present legal counsel arguments in a court of law, although counsel would be present at any Peer Review Board hearing. This would be an unbudgeted expense for the Commission, but would ensure that continuity in understanding the application of the Policy was understood by all members of the Board. There could be an issue of bias toward either party. This would be limited by including both producers and staff from other facilities that would not be familiar with the specifics involved over a longer period of association. ATTACHMENT 2: Kim Facile's analysis of the options, adapted from discussions, Tim's memo, and counsel presentation Option #1: Current Approach (not recommended) 1. A written complaint to the Commission, citing specifics regarding the incident that the complainant believes to be defamatory, is required. Although it does not exist in writing, verbal instructions have directed that the following are included in the written complaint: a. Specify the particular defamatory utterance b. Identify the programming containing such utterance c. Identify the date and time of telecasts of such utterance d. State the basis for concluding that such utterance is defamatory e. Include any other relevant facts or information 2. Staff and legal counsel would conduct an internal, preliminary review and advise the Commission's leadership accordingly. 3. Commission has the flexibility to exercise all available alternatives at any stage of handling any given complaint. 4. Appropriate resolution is implemented as authorized and consistent with policy. Issue Considerations Dependence on Commission and staff would need to rely on its legal counsel counsel throughout the process, including the investigative and discovery phases, leading to an ultimate legal opinion that evaluates the facts and evidence and applies the legal standards. Familiarity with some of the specifics in the situation could compromise the independence of the members of the local commission body, causing a biased outcome for one of the parties. No requirement to The Commission has no definite obligation to do anything. take action Offers possibility of getting a local decision without needing to go to court. Costs Unknown, but significant (could be as much as $15,000) for the Commission. Unbudgeted item. Reimbursement to the Commission would be sought from the losing party. The impact this would have on both the complainant and the producer was a big concern. Would a complainant be willing to reimburse the Commission for legal work that was not legally binding since it didn't occur in a court of law? What impact would requiring a producer to sign a reimbursement clause have on public access use? Other liability Suspending programming during an "internally-run" investigation could result in litigation against the Commission. The only liability would be declaratory or injunctive-no monetary damages. The ruling of defamation relies on the Commission making its own determination about defamation. If this assumption is later found to be wrong, this presents added exposure for the Commission. Specific More explicit statement that defamatory language is prohibited. improvements to Complaints are to be submitted in writing. current policy A liability limitation clause could be expressly stated in the language complaint policy. Privacy protection for Represents uncertainty and risk, by exposing a personal issue to the complainant further public scrutiny. Suspending the program and producer during a complaint adjudication would ease fear of on-air reprisals during the process, but a finding that no defamation took place would expose the Commission to some liability. Option #2: Administrative Law Judge (also not recommended) 1. A written complaint to the Commission is required. 2. Commission would refer to an Administrative Law Judge (ALJ). He/she would review it, conduct a hearing to ascertain facts and evidence, and then render a written opinion. 3. ALJ opinion would be utilized by the Commission as the basis for determining policy violations and related sanctions. 4. Appropriate resolution is implemented as authorized and consistent with policy. Issue Considerations Dependence on The process for adjudication of the complaint is placed with an counsel INDEPENDENT person who is trained in the law. There would be no issue of bias toward either party. Commission's counsel would not be involved in the finding of facts related to the complaint. Basis for taking action The written decision by the ALJ would provide the basis for the Commission to act. Costs Significant. An ALJ is hired through the State's Office of Administrative Hearings at an hourly rate which is comparable to that of a regular attorney. The amount of ALJ time will vary depending upon the specific nature of the complaint. This could be as much as $15,000, similar to Option #1. This is an unbudgeted item. Reimbursement to the Commission would be sought from the losing party. The impact this would have on both the complainant and the producer was a big concern (just as in Option # 1). Would a complainant be willing to reimburse the Commission 4 for legal work that was not legally binding since it didn't occur in a court of law? What impact would requiring a producer to sign a reimbursement clause have on public access use? Other liability A liability limitation clause could be expressly stated in the complaint policy. Suspending a producer prior to determining that defamation has occurred could expose the Commission to claims by the producer of infrigement of their constitutional right of free speech. The ruling of defamation relies on the Commission accepting the decision of an ALJ. If the assumption that the finding of defamation is later found to be wrong, this presents added exposure for the Commission. The only liability would be declaratory or injunctive-no monetary damages. Specific More explicit statement that defamatory language is prohibited. improvements to Complaints are to be submitted in writing. current policy A liability limitation clause could be expressly stated in the language complaint policy. Privacy protection for Represents uncertainty and risk, by exposing a personal issue to the complainant further public scrutiny. The ALJ process would involve a hearing. Suspending the program and producer during a complaint adjudication would ease fear of on-air reprisals during the process. Option #3: Court Order (recommended) 1. A suit claiming defamation would be filed with the appropriate court of law and a determination would be made by a judge whether or not defamation has occurred. 2. If defamation has occurred, the court order stating such is presented to the Commission. 3. The Commission would implement the appropriate resolution as authorized and consistent with policy. Issue Considerations Dependence on This option maximizes due process to both parties. counsel-effect of It is impartial. Any determination of defamation is made court of law independent of the Commission and its various legal, financial, operational, and other interests. There would be no issue of bias toward either party. A court's decision is legally binding and could address far more than whether the Commission's Channel 15 use policies have been 5 violated. It could potentially result in monetary damages for the complainant, which neither of the other 2 options could. Starting out in court would eliminate the potential negative effect on subsequent legal actions were Options 1 or 2 first used. Basis for taking The written decision by the court would provide the basis for the action Commission to act. This does not present any new element of responsibility or liability to Public Access producers. They have never had any special insulation from exposure to litigation. Their liability is not limited. They are "on their own" in a court of law to defend themselves and their programming content. Adopting this policy would reinforce the notion of access producers' responsibility that the staff consistently communicates. The Commission's liability is, by law, limited. Costs Significant for the complainant and the implicated producer as up- front costs. This would involve hiring an attorney, personal time for court date, depositions, and other elements to the preparation of a case. The issues of reimbursement do not apply in this scenario. Other liability Because it relies on the ruling of a court, it limits the Commission's exposure from a claim of an improper finding of defamation on the part of the Commission. A liability limitation clause would not be necessary under this complaint policy. Specific More explicit statement that defamatory language is prohibited. improvements to Complaints are to be handled in a proper court of law. current policy language Privacy protection This requires that they prove their claim of defamation in a court for the complainant of law. "Going to court" at the outset potentially provides a means of addressing concerns about on-air retaliation. A judge could impose restrictions relative to telecasting, pending the outcome of the litigation. This would be done by the plaintiff at the outset of the case. Suspending the program and producer during a complaint adjudication would ease fear of on-air reprisals during the process, and could be done per a court order. Executive Summary Subject: Procedures to handle defamatory programming complaints. Representatives from the city of Maplewood approached members of the Ramsey- Washington Cable Commission informally in October 2003 to discuss their concerns about the nature of statements being made on public access shows which they considered to be defamatory. The city representatives became concerned that there was no defined process for them to present their complaints and then determine any resulting action. They asked the Commission to formalize their process for handling defamation complaints. Following the above discussion, the Executive Committee took up this request at their October 17th meeting. They directed the Channel 15 Committee to discuss the issues and come back to the full Commission with a recommended policy for consideration. To date, all discussions have been held with the assumption that defamatory statements are against public access policy and their inclusion in a program is grounds for disciplinary action, including suspension or termination of privileges. However, upon review of the current SCC Public Access Operating Rules, it appears that there is NO explicit rule against making defamatory statements in any programming, nor is there an actual formal process for handling defamation complaints. The Channel 15 Committee discussed the defamation process issue at their October 27th meeting. The current complaint process is paraphrased below: Once a written complaint is provided to the Commission-the written part is required, and is the first step to set the following in motion*: 1. The Executive director advises the Commission chairperson and attorney of the filing of such a complaint. 2. The appropriate staff collects any relevant information or materials. 3. The complaint is then transmitted to the Commission attorney along with a summary of any communications with any of the implicated parties and the complainant, for the attorney's review, evaluation, and recommendation to the Commission. 4. The Commission reviews the recommendation and decides on a course of action. * The commission has never received a defamation complaint in writing, so this process has never been tested. It should also be noted that there are no policies in place at any of the other Public Access facilities in the greater-Metro area that address this issue in any more detail than ours does. The Channel 15 Committee identified three possible approaches to address defamation complaints (See attachment 1). Each approach was discussed from several perspectives, including those of the complainant, the producer, SCC staff, and the member municipalities. These approaches were referred to the Commission's legal counsel for further analysis and for a recommendation to be made to the full commission. Counsel did so. Counsel presented the three options at the December 15t~' Committee meeting and recommended Option 3. The majority of the Channel 15 Committee agreed to recommend to the full Commission that they approve a draft resolution amending the SCC Operating Rules in accordance with Option 3. A formal vote on the above recommendation was initially put on the full Commission's agenda for its January meeting, but was pulled from the agenda to afford additional time to consider feedback from the municipalities, specifically Maplewood. A fourth option was brought up for discussion at the February 23rd meeting, since feedback on the original three options was negative. The discussion clarified the original request, relating to defamation, which is legal in nature and requires a legal solution. At our meeting, we decided to do two things. First, the Statement of Compliance form, which is signed by the producer when submitting a tape for playback, will be amended to specifically state that defamatory content is not allowed. This will address the programming policy issue, since the Compliance form is referenced in the Operating Rules which are the governing policies for public access producers. Second, we will have a special meeting to discuss our complaint process on Monday, March 22nd. This topic will be the only thing on the agenda. Our objective during that meeting is to develop a policy recommendation that will be presented to the full commission at their regular March meeting regarding Complaints. Because the Operating Rules will affect what the complaint policy will be, any proposed changes to the Operating Rules will need to be discussed at that time as well. In addition, the fourth Option that was brought up needed to be developed and submitted to counsel for consideration prior to the March 22nd meeting. Additional feedback from Maplewood should be sought. The negative feedback from Maplewood was related to the high cost of litigation in order to get some action from the. Commission, among other things. One possible alternative is to identify some other policy that needs to be put in place that would make it easier for the commission to stop the type of programming that is so damaging to the city. We need something that would not require us to make a legal determination about content, and that could be readily identified as against the operating rules. The committee needs the city's input regarding this. Option #4 could be used to focus on how to handle the problem, but we need to identify a specific policy that the city would like to see implemented by the Commission. Defamation is not a general term that can be used for this kind of complaint. ATTACHMENT 1: Memo from Tim Finnerty, Executive Director, summarizing the options discussed at the Channel 15 Committee meeting in December 2 This option could have a potentially negative effect on subsequent legal actions if such a finding were ap Baled in court. Basis for taking The finding by the Peer Review Board would provide the basis for action the Executive Director to act. This does not present any new element of responsibility or liability to Public Access producers. The producer would have to defend their programming content to the Board just as if they were in court. The Commission's liability is, by law, limited. Costs The complainant and the implicated producer would have to invest their time to appear at the Board hearing, and provide such evidence and documentation as needed to answer the Complaint. A stipend for serving on such a Board should be instituted to incent staff and volunteer producers to devote their time and energies to this process. These are unbudgeted costs. Potential issues of reimbursement to the Commission for frivolous complaints could apply in this scenario. Other liability Because it does not rely on the ruling of a court, it exposes the Commission to a claim of an improper finding of defamation on the part of the Board. A liability limitation clause would be necessary under this complaint policy. Specific More explicit statement that defamatory language is prohibited. improvements to Complaints are to be submitted in writing. current policy Complaints will be handled by a Peer Review Board process language Privacy protection Represents uncertainty and risk, by exposing a personal issue to for the complainant further public scrutiny. Suspending the program and producer during a complaint adjudication would ease fear of on-air reprisals during the process, but a finding that no defamation took place would expose the Commission to some liability. (? Of what?) The key issues are the extent of legal justification that is required to discourage "rogue producers" from skirting the edge of acceptable on-air behavior, as well as the aggressive protection of our citizens and civic leaders from irresponsible statements on such programs. Secondary issues include considerations of cost and liability of the Commission and its member cities. Page 1 of 2 A~ ~V,m~nt3 Melinda Coleman From: Sarah Sonsalla [ssonsalla@kellyandfawcett.com] Sent: Wednesday, May 05, 2004 10:04 AM To: Melinda Coleman Subject: Cable Commission Memorandum Additions Dear Melinda, Patrick and I reviewed your Cable Commission Memorandum. We would add the following language: Option #4 protects the due process rights for all parties involved and also protects the parties' First Amendment rights in all respects for the following reasons. 1. It allows easy, expedited and economical access for citizens with respect to complaints regarding the disparagement of a person's character and intergrity in the community. It is efficient, economical and effective which has been a goal of administrative process in the State of Minnesota in the past. (Minn. Stat. Section 14.001). 2. It simplifies the process of judicial review of the Cable Commission action as well as increases its ease and availability to all citizens, which has also been an important factor in administrative process in Minnesota (Minn. Stat. Section 14.001). 3. The courts have supported administrative process for resolution of grievances in the past. Minnesota Administrative Procedures Act, Minnesota Statutes Chapter 14. 4. The process under Option #4 is fair, neutral and equitable because of the independent review board that is appointed. 5. This process has been utilized in other areas such as labor arbitrations and contract disputes. It has also been extensively utlized by the courts in the form of alternative dispute resolution (mediation and arbitration) in lieu of full litigation. 6. There should be no hesitation by individuals that participate in using the cable access that is governmentally funded to adhere to this process because of its inherent fairness and the fact that they are utilizing government funds for their programs. 7. The decision reached by the independent review board as set forth in Option #4 will have the support of the court if appealled on the basis that the system is fair. (Minn. Stat. Section 14.69). Parties would have the right of judicial review if they were unhappy with the decision of the independent review board. 8. This Option does not alter the substantive rights of any person or the Cable Commission. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of the Cable Commission by improving the process by which those results are attained. (Minn. Stat. Section 14.001). Therefore, for the above reasons, there is no exposure to the Cable Commission in utilizing 5/5/2004 Page 2 of 2 Option #4 Let us know if this is what you are looking for or if you need additional information. Thanks! Patrick and Sarah Sarah J. Sonsalla Associate Attorney Kelly & Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 (651) 224-3781 (651) 223-8019 (fax) ssonsalla@kellyandfawcett.com (e-mail) The information contained in this a-mail message or attachments is attorney privileged and confidential intended only for the use of the individual or entity on the "To;", "Cc:" or "Bcc:" lines above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (651) 224-3781. Information contained in this message or attachments is the work product and property of Kelly & Fawcett, P.A. 5/5/2004 AGENDA ITEM K-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Stop Sign Requests DATE: May 3, 2004 Introduction/Summary The City Council has a policy to consider stop sign requests once per year in May. The neighborhood stop sign policy was published in an article in the March 2004 City News. Three requests were received from neighborhood groups for the installation of stop signs and no parking signs. Council review of each request is recommended. Background Sign requests were made at the following intersections: • Forest Street and Connor Avenue -Petitioners are requesting a 4-way stop to slow traffic. Kennard Street: ^ Maryknoll Avenue and Rosewood Avenue South -Petitioners are requesting a 4-way stop to slow traffic on Kennard St. ^ Harris Street and Rosewood Avenue North -Petitioners are requesting a a- way stop to slow traffic on Kennard St. ^ Harris Ave -Petitioners are requesting No Parking Signs along Harris Ave between Kennard St. and Prosperity Ave. to improve visibility of oncoming traffic around the curve from Kennard St. to Harris Ave. • Edward Street and Sophia Avenue -Petitioners are requesting 2 stops signs on Sophia to make the intersection a 4-way stop to slow traffic and reduce traffic volume. Locations maps and petitions for the sign requests, with a minimum of 12 property owner signatures, are attached as required by the City Council policy. In accordance with the stop sign policy, the issue of neighborhood stop signs will be considered once a year during the month of May. Petitioners and residents within a 500-foot radius of the affected intersections have been notified by mail. The May issue of City News stated that stop sign requests will be considered at the May 10t", 2004 council meeting. Basis for Recommendations Stop signs are effective traffic control devices when used in the proper locations and under the correct conditions. Stop signs are effective when used to prevent crashes at busy intersections and to control vehicle right-of-way. The Minnesota Department of Transportation has set the minimum volume requirements at an average of 300 vehicles per hour for the installation of 4-way stops. When stop signs are installed inappropriately, they are often times ignored by drivers who view them as an unnecessary interruption in traffic flow. Unwarranted stop signs cause some drivers to become frustrated and speed between stops or roll through them. Stop signs should not be used to control the volume of traffic or to decrease the speed of traffic as they have been proved to be ineffective in speed control and can lead to drivers disregarding all stop signs, even the warranted signs. City Council Agenda Background Stop Sign Requests May 10, 2004 Page Two The recommendations and the basis for approval or denial of the sign requests are given below. Forest Street and Connor Avenue -Approve the request to make the intersection a 4-way stop. Forest Street is a major area roadway. A 4-way stop intersection would fit the character of a neighborhood stop condition and should be a center intersection with relatively equal approach volumes. • Kennard Street: Maryknoll Avenue and Rosewood Avenue South -Deny the request to make the intersection a 4-way stop. Yield signs are currently in place at Rosewood Avenue South and Maryknoll Avenue at Kennard Street. Approve the replacement of the yield signs at these locations with stop signs. Kennard Street should remain a through street. Rosewood is a short street and does not generate high volumes. A stop condition is not warranted. Engineering staff will monitor the stop signs and traffic volumes on Kennard to see if a problem exists. Harris Ave -Approve the request to add No Parking signs along Harris Ave from Kennard Street to Prosperity Avenue. Harris Avenue is 28 feet wide and vehicles parking on the street cause visibility problems for drivers traveling around the curve from Kennard Street to Harris Avenue. (Note: The neighborhood has complained about vehicles parking at a home at the corner of Harris and Prosperity. This no parking restriction is due to roadway conditions and safety considerations, rather than as a use control at a single home.) Harris Street and Rosewood Avenue North -Deny the request to make the intersection athree-way stop. A yield sign currently exists at the intersection on Rosewood Avenue North. Approve the replacement of the yield sign at this location with a stop sign. Kennard Street should remain a through street. Again, both side streets are single blocks with little traffic. Making the intersection a three-way or four-way stop could be more confusing and potentially more unsafe. This installation is not warranted. Edward Street and Sophia Avenue -Deny the request to install 2 additional stop signs to make the intersection a 4-way stop. The existing stop signs on Edward Street at Sophia are adequate to control traffic safely. Stopping traffic on Sophia at Edward is unnecessary. Westbound Sophia is a one-block street. Stop signs are not warranted, as traffic volumes are low. The stop sign would not prevent any cut-through traffic from drivers who turn right at the intersection to avoid stopping at East Shore Drive and Larpenteur Avenue. No change is recommended. Recommendation It is recommended that the City Council approve the installation of 4 stops signs on Connor Avenue at Forest Street and No Parking signs along Harris Avenue between Kennard Street and Prosperity Avenue. It is recommended that the City Council approve the replacement of the yield signs at Rosewood Avenue South, Maryknoll Avenue and Rosewood Avenue North at Kennard Street with stop signs. It is recommended that the City Council deny the request for two additional stops signs at the intersection of Edward Street and Sophia Avenue. EML Jw Attachments: Location Maps Petitions j / (,~~ Q 23 o ACT. o ~ 22 :.. ': <. V PROPOSED STOP 51GN5 no scale LOCATION MAP 4-V1lAY STOP AT FQREST ST. & CQNNQR AVE C 0 ~~ ~NN~R GAR P~~ CT. a DEMflNT c~ w o ROOKS ~ `L CT . Q° P A~~u~, zU ~ ~, AVE TANT ~~/j CC U NTY R D. C Kohlmar~ Park (I~ Manufactured ~ ? Housing Estates w ~ 2 ~ 3 ~ 3 ~ 4 }- 4 U U A1IE. . ~--- w w w 0 ~. 713 cn 28 ~~ r r,ceK ~ ~- J Park ~ _ ~- FROST AVE. ~ ~ w ~ F~E NTO (~ AVE. ~ W J ~ a ~ Gloster Q ~ w Park GO DON ~ ° ERISBIE AVE. Q ~~ S/y ~ ~ cn ~Q~~ /\ ~~ ~~ f~ R~~ LEY _C_~~ _. it PROPOSE~7 STOP 51GIV5 no scale LOCATION MAP 4-WAY STOP AT EDWARD ST. & SOPHIA AVE, A~RiE RQ. SAND HURST 3URKE AVE. ~ )GE AVE. LN. a 0 AVE_ ~ w ~ N U7 Q ~ T RY AN AV. z o ~ ~ >; ~ ~ cn cn ~ ~~ ~ I AUR IE Q RD. ~ Q Sherwood Q ~ Perk z can AVE. ~ ~ }- 0 w ~ ~ Y a CO. RD. g > BURKE AVE. Cornmtanity ~4 65 Cer~fer John Glenn PROP05ED NO PARKING ~~ 51 G N5 GA TWA Y City HARRIS AVE. /-~ ,.ROSEWOOD AVE. N. ~~ ~~' ., ~ ~ o`~ o .~~ Q ~ ~ a ~ - ~, - ~ ~ 0 m ~~ekrel ~ w SU M MER SEWOOD VE. S. ~~ ~a~ F~ ~~ . FR 5T AVE. 28 AVE. ~ w Q RAP NUR: ~~ ALDRICH~ A~ w ARENA z ~~I PROPOSED STOP SIGNS no scale LQCATI~N MAP 4-WAY STOP AT KENNARD ST., MARYKNOLL AVE., AND ROSEWOOD AVE. SO 4-WAY STOP AT KENNARD ST., HARRIS ST., AND ROSEWOOD AVE. N0. ~~ ~~ ~ ~od`f ~ ~~._~ ,~~ o~ ~~~ ~-~~~--~ ~ ~~ sue. C~.~,,,-fir ST~ ? ~-~~~a~ ~ ~ . ~~ ~ ~--~ C~~r~-~' ~~~ ~ . ~~~G/ /j O~ (f71 SL-~-+.~~„t . ~t /YU l~r wa / / ~ Cl~n.~ /~/'""_ J ~ O /v/ f' e ~/ ~ _ _ ~ ~ G~ ~~ ~` z~ ice/ ~_~,~~ - -- f << ~ ~~ ~ G ~~ -~ ~~~ ~i ~~~ s f ~ l r.-.., ~ ~ ~.~ .:~ { ,, ~ ~- j ~ ~ J~ / / 1 ,•r 4 - "? t _ ~ y / J ~ l r r>~ s ~ , r.}. t`~:' ~ ~, l ~ ~ ;'. ,~,; ?. ~ . s r ~~ ,--1` "i ~ ~: `, ; w. s .~ ~" ~, .. _ _ ` ~`; i ~~ u I i ,'~` ;' --,~ ri !~D o52 ~ ~ r 57`~~ 5 i~ n Gor/terS o~ ~,resf G~c( Gonnorp Sf`~12>~f~,e~ p ~- ~ ~ ~ Gf ~-Fe r^ ~rr~ ,` n e ~~ - ~~ o X /~ + ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ I~ Go ~nr~o~' ST; F. ~e 1~r~~.,t-e ~~ ~ ~I pQ ~[_Cnl(~eSac ~eFt~ n0., ~ ~mnn~- e rr. a,~t~ ~~Ide-s4~ Cu « e5a~ ~k<<~ ~~ D~~~ !S BOOKS Gl, /~/~/C/'{ter ~(/~-~' G _ _ ~~ ~~,~~i~1 I~~r ~v ~" ~~ ~ ~ ~c,tl~ ~.~ ' ,(~,~ , / ~L'` ~~- ~, S r `~ ~.y~s i ~r~8 ~~~ ~~o~ ~~res-~ 9.~~ ~~~ti-~i ~~ ~~ ~ ~ z ~~~ ~ ~,1 ~~,~~ w~~ !~11 Ck~ C1 ~ ~ 4titi~ur r~~ ~` ~~ ~~ ~~ J~~ ~ i ~~~- l~ ~Gw`Q ~~1.~,.~~ d~~~- ~li,~~~t o?s o ~Da'~S~ z S-~ ~ -~~.~t L ~ 1 ~~~-/~Ya ~~~-v~ o~ ~~L ~3~ ~B~-yzyS 7~S- 2 y S7 ~~ ~ - ~Dl~ ~~ ~ Spa ~~~~ -~+ 6S/ ~d/-~/~/ ~lc °~ 1~i~7Dn/ ~ ~ b5/ 7 J~/7 °L~~ ~~7 ~~~o~~ A~Q ~~~ ~~L~,~~t.~ ~a~ ~~rn ~NT~~ ~I3 C6nhc~r ~~~ ~~i- ~ ~z~ '-~ S3-o38~} ~~.~. ~~ ~~~ ~~ ~ ~~ ,,, ~,~ a,~ ~{mil":~~~L~ '~7~ / nit~~A i~ ~~ ~ Cp~nl. cJ~ ~~~ C~~n~~ ~~L ~-~ ~-- q5~ ~ K .~ ~~ ~ r ~ ~ a~ ~ ~e~ ~ C b ~ ~o ,~ {~ ~-e ~ t~ . ~~ ~7~ << 1~ 1 C.b~n~ r /~~- ~~~~ ~~ pros s '~1 ~Z I [0~~ 6~~V~ I , ffu -~ ,~~~t-c.ce~-- ~~~~ ~~ ~ '~~~ ~,~~ .~~~%~~ qa y (a~,r~or ~~. ~esl _`~ c~ ~ - o~ s1 65~~~~~~r~~S~ ~~~J~~s ~ ~a~ -~~yv ~~ ~ ~`~D y~~~Z s c ~a 9~~~ ~~~-~~ ~G ~~~ ~n ~ ~ ~~Y. 3 7~~ ~~~ ~nna~ C~ ~~ ~ c~ ~s~, ~~~. ~~3 ~~ ~~Gn ~Gn ,~e~~C 9 ~~ Dew~~ ~, E ~~ 7 ,, X83 - iy~3 g ~l- 9 ~ ~ ~i .i sa.8~ ~I9`~-3733 ~y~D~~ ~E',, ~~~ c~,.,.~ ~ r~,~ ~t<y 9~1 ,~-a~-~-~ ~" ~~4 ° ~ Q~~ ~ ~'~ 9~z~ ~ ` ~~~ I CS C Q~ ~ ~-. ~~y ~ 77 ~ s~ ~ks ,,,,,LCo 9~ rc(c.c.,~. ~b ~nTh.(_ ~ l~ y~o ~ /~~3 ~qb - ~7 ~3 ~~~~ ~~~ gaol ~3-7~3`~ (~ ~ 1--`1~`~-x-3(0 ~' ~ Y 5~~~ ~~ ~~ V ~.'~~ ~C `~ September 30, 2003 t Chuck Ahl City Engineer, City of Maplewood Department of Public Works ~~ Maplewood, Minnesota SSI09 RE :City Project #02-10 Kennard/Frost Neighborhood Street Improvement Dear Mr, Ahl, } We are currently undergoing the street improvement project. The neig belezrJ are requesting three additions to the project, as follows: 1. A 4-way stop sign at the intersections of Kennard St., Maryknoll Ave and Rosewood Ave. So.. 4-way stop sign at the intersections of Kennard St., Harris Ave. and Rosewood Ave. o.. 3 " loo Parking on Curve" signs along both sides of the curve on Hams Ave.. - 1 ~n -mac,+c~ We are requesting the stop signs to slow traffic on the newly paved Kennard St ~ Many families have small children, as well as one Day Care provider on Kennard St_. The traffic level has been increasing on an annual basis and Kennard St. has become a popular street for rapid acceleration. We believe the stop signs will slow traffic, eliminate the need far continual law enforcement assistance to slow traffic and prevent the possibility of loss of a child's life. The "No Parking on Curve" signs will eliminate the need far law enforcement calls to that location to ticket vehicles, trucks and Step vans that are blocking the view of oncoming traffic passing in both directions. Driver's vision is currently obstructed on a regular basis. Our neighborhood is a small, tight knit community of homeowners who are concerned for our safety and the safety of those r locations. Our request is for safety as well as function. Please cont C.L. Bell, 1668 Rosewood Ave. r questions. 'T'hank you in advance nsideration o~ itions in our quest far a safer neighborhood. -7~ ,.( c~~cz/~ Respectfully submitted, Signature Printed Name Addres %~r chard d ecfio~~/L ~~~~a~ ~~.iz,~l~i3~7y,C.~~~fei2EfC ~. ~(~1,~~ ~.c~l-iVLL~ ~ he r r ~ l ~+'Yl.l~l'~ r i f~4r.~-~l'~ '~sj ~ `7"r~ G~~ ~~4rE,(~211 c. ~+` ~ ~~. L s Q,jL'GIJODG~ ~~• ~6 ~ p Na ~ ~G yai1'~ . J'~O S~ w. oo/~y~. 1~~7 t~a5e~vad Avg . S. 17.x, 2U' `{~° 01 Cfvt S _ i~7S jli=,~r~',~Zd S ~ i ,~i ~ - - - Page 2 RE.: City Project #02-10 Kennard/Frost Neighborhood Street Itnprovement - Signature Printed Name Address :.rL.r ~ . ~~n ~' r: ~~ Z ; ~~l t G~ b ~7 R ,~~_r w.~.z ~1ve..s ~j.~~. i~lf () l~t''I~i~ Vc~,G~' I ! f 7 /~ ~ 0 ~ l "v ~ O cL ~ J C 5 _ _ r ,~tVa r~h,y 1 ~ i s ~(yGw/~~-sit, ~~J~J1r1~C ~~~w ~f}i/ 1C'~9'K'~~L~'~~ ~G9~ /~ldif.waa0! RV~~ N• T':~?nr %2y~w.dCsk~' G I(n9q ~,IZ~S~wccd AUK ~°c~~-~' ~A12 L ~a ~.~.,,u c~ / 70 7 iCl . ~ a ~ ~ c:~ ~ a ~ .~ ~r ~ . ~.~ -~', J ~~~~__ SC~n;~Qa,ner :r J~YI~h (~ic;c~,r~~~Q.. U `' f^M L ~ S.u~~~ i 7J~ 71.~s~.~° ~ ~ ~' ~ `~, ~ ~. Sch re ~ n er t ~a! ~i,. Y~.a;zw:~cr.C. ~'~ ; o ~~~ ~-nl3 ~ ~~~ ~ ~~ ~._ ~._ ~ _..._- . C / n f ti / ~~ ~/~// '' ~ ~/4~ ~J7p~v~/l''~'~: ~' G y f, ` ~ ~ ~~~v ~ L~.~1 (., -t,fG'- `~_ ~~7, t ~€'; ~ .v.`~c2 ; ~ ,~ ~ . cV'y "~ r _ ~~ ~ ~~ y ~~ ~~ ~ ~~ woc ~ ~ ~l l ~ 1 ~ ..o Q ~ v J.,a ( 6€ ~-A~ ~~ SC~OEti•LC // F /~ `~ ~Scho~~ cy~/ ~ ~ ~I y~v M ~ S c~cev~QC.~~ ~r~3'~ N /~os~c~rl,gUe ~,(~,~ ,,~ C-~,1~1.~~n-~ c~ 1 ~ ~ C~l~e.~eC ICe, ~ l{0 8 i ~ . ('~,o St/'~' w ~ A-Ve . W ~ ~ V~Rd.'~r"`r~~` rg.~r c~ XC~e ~-~ ~ V l ~ ~ o~00Q l7~ary r~,.uol~ ~~~ ~ . I C ~~~ot~ ~ ~ ~~ zaaq~~Yyk~v~~ ~- r In ~ ~ ~Q554-_ ~ ~ ~~ ~ /~'i~t~ y ~~ ~ ~ U ~a~ ~~ ~~~. ~ ~~2;~, ~~~~ ~ q5U i~aYy~~~~l~ Page 3 qr'°iCi c;? ~ (a~I~Px e _~ Cv f ! ~~ #7 ~- ~~~C ~~~ ~~~~~ ~knne Erl d~s~ ~~b~~ah My ~ ~ l~~ 2,Y~ M;'/~2i~ U ~~a n ~o~re11 ,~la.:~ ~ f~ ~ P I/ J l~ 2~~ 1 ~ t r ~a~~~~ ~o~t~ r~ I ~~C~~e ~ ~.~-~ ~-,r ~i~ Re.: City Project #02-10 Kennard/Frost Neighborhood Street Improvement ,~'~cl~ ~~Cicey G7arc~rle/ )qb,3 (nar'~,ir~~~I ~ ~f fc,- ~.~~ t kraal( w~ fl~e~ ~., U rq i M ~ c.- ~a vt.~ 17210 Iro3e_L.=~ ~u--t `S Uv+~c.~ /~-S b5 l L~~~ ,~vr ~~3-1~m~ Jul ~"~?/-r~>~ M ~2G'k"~~. A y~ . L-2Atine ~c~on 1~7I ''~-/~-rat`~l~tN~ ~ ~ ~ l Y~ ~ h~~~o~/ ~~ ~ GAG MuryKf~oi I fkve ~ Nosh ~~~ ~ ~ ~~ U'/ I~ VC~- I n - S'-~~ .,~ ~~]~-h ma~- ' ,~u~ Z~ 1Y1 ~-~h~~ c~.~,-~ ~. ~~ U ~- i ~L'~,v e,y ~ . ~ /f~r~ ~j~~ i~ n~ I ~. `K~-~fi~~` j~,11~ !I I ~ ~ I U r1 ,f 4 t^' r, ~fn vv, -~„ H I ~ q ~ ~ ~'~~~ ~~chC !~t ~ ~ 7c} ~~ ~~%~ + f ~~ 1°~~~~~LuGI `l ~1 Z J(~ l~~ ~~f7ol~ ~v-~ I ~ l' !~ / ~G~ ,~ ~~~ve~~ . ~ r~cbeEv~~d 1 C~ ~'l~' ~~ I'11?~yGl J~ r I (~9.~ Rnv.Se ~cr~ ~~ ~• JCS 4~ !"1~-w~'`t;c~f'1~~' ~ .~~ ~~ I~ ~ Page 4 Re.: City Project #02-10 Kennard/Frost Neighborhood Street Improvement r- a y~. S ~~ I~.G'~ (2 r~/~~E~ao~ _-~v~ ~a ~~ ~~~ ~ n~ ~`'-tI a.cc~e~ ~~2~ ~A '4 f~i ~ ~.~' s~~~ ~YGr~' v~~ ~.~ ~~t / D ~L~sl'~(n o~U /J'V~r S ~ 1f, /rF /i'o-~~rvvod ,eve S.. ~?~0 E ~a~u'o.~~ ,~u~ 1 ~~ ~l ~ ~D~' ~~U~c~CI ~,,~~ S. Edward/Phalen Intersection Stop Sign Petition This petition from East Shore Drive/Edward/Phalen streets neighborhood area requests a 4_way stop at the corner of Edward and Sophia stye s. Action required to make this corner a 4-way stop is to add 2 stop signs on Sophia at the corner of Edward and Sophia. These stop signs will help the neighborhood decrease the increased traffic (Cars turn on Sophia to avoid the stop sign at East Share Drive and Larpenteur, These cars are often reckless and speed through this intersection at high speeds to "get ahead" of the small lineup of cars at East Shore Drive. This is dangerous For our residents and the large number of children in our neighborhood. While we know that Sophia is on a hill, this is precisely why cars need to stop at the top. It is a blind intersection. We ask the city to review the stop signs located on hills at the corners of Ripley and Phalen streets. A * next to a name indicates that this resident would like to be present at the stop sign hearing. Thank you, _l,~~ei"`^-° ''1"_l1 9r'~Q,~E.h ~~~-~-L 1 ~ ~c.Jc~~ SSt<G ~- ,/.I ~1Sn ~..¢~.~s(r I ~i ~ ~~[r1.~C,V. ~><o~.t ,(.~,,,2L~.r^~ 55 l09 M Edward/Phalen Intersection Stop Sign Petition, Cont. i 3 ~ w ~~ J 71o cr u~...~ ~~ . ~1 S'" ~/ ~ Mi4Cf ~ l,nkr•: ~lu~~l~r ~~1~L ~~.~~a.,. ~~4cf 1~"~aA121.~e~e.U M"~ sstQy ~.. ~' ~.~.. IJ ~ ~~. (4...1_..~ ~~~~77 DL.c./a.~ 1-~14 C.. G-1 ~-.. ~s .s .,.,a ~ir-i .5.5 /O c/ r ~ a-- ~o-L-~,~ ~. , a I Aso ~. ~- a vd Sf woo ~ mn~ s3roq { ~ ~ ~~ ~ ~t ~ ~~ ~~~.~~ 7 iw~~ ~s~Gy f I .F~ l ~'~-~'UU I (~.~-t'I~Oa..J Iw.~,m~t ~ I ZD V f? R ~i~ ~~ /1,~ S AGENDA ITEM K-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood/County Road C Area Street Improvements: Assessment Objections DATE: May 5, 2004 Introduction On April 26, 2004, the city council conducted a public hearing for the assessment roll for the Hazelwood/County Road C Area Street project. At the hearing, four objections to the assessment were received. Recommendations on actions for these objections are provided for the council to confirm the final assessment roll for the project. Background The Hazelwood/County Road C Area Street Improvements 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 to the streets shown on the attached Exhibit 1, Project Location. The council awarded the project at its April 26, 2004 regular meeting. The proposed assessments for the project were submitted to the city council for adoption at that same meeting. Residents were provided with the required 14-day advance notice of the city intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. 179 residential properties and one commercial property were included in the assessment roll for the project. Four property owners (see Exhibit 2, Assessment Objections for locations) provided written objections summarized as follows: 1. Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015): Request a senior citizen deferral of their assessment (see attached letter). 2. Mary J. Strand, 2452 Germain Street North, (PIN 102922130023): Mrs. Strands parcel is sub- dividable and is proposed to be assessed for two residential units for storm sewer and street reconstruction as well as the installation of an additional sanitary sewer service. Mrs. Strand requests a reduction of her assessment to one residential unit for storm sewer and street reconstruction (see attached letter). 3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Mr. Kessler owns an undeveloped parcel adjacent to his residence that is sub-dividable and is proposed to be assessed for two residential units for street reconstruction and two additional sanitary sewer services. Mr. Kessler requests deferral of the assessment on the grounds that the property is undeveloped. City Council Agenda Background Hazelwood/C Area Assessment Objections May 10, 2004 Page Two 4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and 102922120022): Mr. Bjorklund owns an undeveloped parcel adjacent to his residence. It is proposed to assess for two residential units for street reconstruction (one for his residence and one for the undeveloped parcel) and one additional sanitary sewer service. Mr. Bjorklund requests a disability deferment for his primary residence (1651 Demont) and deferral of the assessments for the future 1659 Demont. Mr. Bjorklund is retired due to permanent disability. He plans to sell his primary residence and develop the future 1659 Demont within 16 months. Recommended Adjustments The following actions are recommended for these requests: 1. Rodney and Helen McClellan, 2552 Germain Street North (PIN 102922120015): Grant request for a senior citizen deferral of their assessment contingent on the McClellans providing a completed senior citizen deferral form with the appropriate documentation. The assessment should be deferred but will accrue interest at a rate of 5.0%. 2. Mary J. Strand, 2452 Germain Street North (PIN 102922130023): Grant request for a reduction of her assessment to one residential unit for storm sewer and street reconstruction. The charge for the additional sanitary sewer service would be recouped as a cash connection charge if and when the property is divided and developed. Staff feels that this property will be part of a future development, subject to future assessments for storm sewer and street construction. As such, it is recommended that the second unit of storm sewer and street assessment be forgiven. 3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Grant request for deferral of the assessment for undeveloped property. The assessment should be deferred for 15 years, or until such time as the property is sold or developed. The assessment will accrue interest at a rate of 5.0%. 4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and 102922120022): Grant request for a disability deferment for his primary residence at 1651 Demont Avenue East (PIN 102922120053) contingent on the Mr. Bjorklund providing a completed senior citizen deferral form with the appropriate disability documentation. The assessment should be deferred but will accrue interest at a rate of 5.0%. Grant request for deferral of the assessment for undeveloped property (PIN 102922120022). The assessment should be deferred for 15 years, or until such time as the property is sold or developed. The assessment will accrue interest at a rate of 5.0%. At the April 26, 2004 hearing, three other assessments treated as objections, and removed from the adopted assessment roll in order to be reviewed for accuracy. They were: 5. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053) 6. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056) 7. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055) City Council Agenda Background Hazelwood/C Area Assessment Objections May 10, 2004 Page Three These three parcels were proposed to be assessed for one residential unit of street reconstruction each. Staff has reviewed these assessments, and determined that they were correct as originally proposed and that all proper notifications have been sent. They should be included as revisions to the final assessment roll. Recommendation Staff recommends that the city council approve the attached Resolution for the Adoption of the Revised Assessment Roll for the Hazelwood/County Road C Area Street Improvements. CJV Attachment: Exhibit 1: Project Location Exhibit 2: Assessment Objections Resolution Written Objections (4) RESOLUTION ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 26, 2004, 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, four property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015): Requests a senior citizen deferral of their assessment. 2. Mary J. Strand, 2452 Germain Street North, (PIN 102922130023): Requests a reduction of her assessment to one residential unit for storm sewer and street reconstruction. 3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Requests an undeveloped property deferral of the assessment. 4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and 102922120022): Requests a disability deferment of the assessment for PIN 102922120053 and an undeveloped property deferral of the assessment for PIN102922120022. 5. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053): Review for accuracy. 6. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056): Review for accuracy. 7. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055): Review for accuracy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Maplewood Drive/Keller Parkway Resurfacing, City Project 03-02: 1. Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015): Grant request for a senior citizen deferral of their assessment contingent on the petitioner providing the appropriate documentation. The assessment will accrue interest at a rate of 5.0%. 2. Mary J. Strand, 2452 Germain Street North, (PIN 102922130023): Grant request for a reduction of her assessment to one residential unit for storm sewer and street reconstruction. 3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Grant request for undeveloped property deferral of the assessment. The assessment is deferred for 15 years, or until such time as the property is sold or developed. The assessment will accrue interest at a rate of 5.0%. 4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and 102922120022): Grant request for a disability deferment of the assessment for PIN 102922120053 contingent on the petitioner providing the appropriate documentation. The assessment will accrue interest at a rate of 5.0%. Grant undeveloped property deferral of the assessment for PIN102922120022. The assessment is deferred for 15 years, or until such time as the property is sold or developed. The assessment will accrue interest at a rate of 5.0%. 5. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053): Accept assessment as originally proposed. 6. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056): Accept assessment as originally proposed. 7. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055): Accept assessment as originally proposed. B. 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 2004 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. C. 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 August 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. D. 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 10th day of May 2004. .., . ~ ,~ ' ~' 3 ,~ } ~~ ~; F J~. L~4 ^~ I i ~~ is ~ ~ 7 ~_ _ _ fl 1~} =w. A_ '~ ~ ~~~ L?; _ ~ ~}' ~ ._ ~ ~ ... ~ 7~' 1 y ^ ~ }# ^ ~ f#. • ~I ~`~ Y' -- ;,t :! r~ ~' ~I ~~ 7^ .~ ti ~~ __~~_ _~ _. ~. ~. a J ~. ...~ ~- • ~ ~, .. ~ ~ ~s~ AGENDA REPORT K-4 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Ordinance Amending the City Code Relating to Nuisances -First Reading Date: April 30, 2004 Introduction It is requested that the City Council adopt an amendment to the City ordinance relating to nuisances. Background Recently several surrounding cities have adopted an ordinance relating to the protection of public health, safety and welfare and reducing public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dump site may exist. These conditions present health and safety risks to occupants and visitors of structures and land through fire, expbsion and skin and respiratory exposure to chemicals. Although Maplewood has not yet had an incident where these conditions exist, it is felt that it would be in the City's best interest to have this ordinance in effect for possible future occurrences. The proposed ordinance includes definitions, the criteria for declaring the property a public health nuisance, seizure of property, duties of City officials, responsibilities of the property owner and penalties for violating the ordinance. Recommendation It is recommended that the City Council review and approve the first reading of this proposed ordinance. Action Required Submit to the City Council for review and approval. DJT:js AN ORDINANCE AMENDING CHAPTE!? OF THE CITY CODE RELATING TO NUISANCES. Sec. 1. Purpose and intent. The purpose of this article is to protect the public health, safety and welfare and to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dump site may exist. These conditions present health and safety risks to occupants and visitors of such structures and land through fire, explosion and skin and respiratory exposure to chemicals. The City Council finds that such sites may contain hazardous chemicals, substances or residues that place people, particularly children or adults of child-bearing age, at risk of exposure through inhabiting the property, visiting the property or using or being exposed to contaminated personal property. Sec. 2. Definitions. Child means any person less than 18 years of age. Chemical dump site means any place or area where chemicals or other waste materials have been located. Clandestine drug lab means the unlawful manufacture or attempt to manufacture controlled substances. Clandestine drug lab site means any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures, buildings, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any other area, land or location. Cleanup means proper removal and/or containment of substances hazardous to humans and/or the environment at a clandestine drug lab site or chemical dump site. Controlled substance means any drug, substance or immediate precursor in Schedules I through V of Minnesota Statutes Section 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Owner means any person, firm, corporation or other entity who owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. Public health nuisance means a nuisance as defined under Section 18-31 of the Maplewood City Code or under Minnesota Statute Section 145A.02, subd. 17. Remediation means methods such as assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition and/or removal of contaminated materials from a clandestine drug lab site or chemical dump site. Sec. 3. Declaration of property as a public health nuisance. (1) Any property containing a clandestine drug lab or chemical dump site will be declared a public health nuisance. (2) No person may occupy, enter or allow occupancy or entrance to property declared a public health nuisance under this section until such declaration is vacated or modified to allow occupancy. Sec. 4. Law enforcement notice to other authorities. Upon identification of a clandestine drug lab site or chemical dump site deemed to place neighbors, visiting public or present and future occupants of the affected property at risk for exposure to harmful contaminants and other associated conditions, law enforcement officials shall notify the City Environmental Health Official and other appropriate municipal, child protection and public health authorities of the property location, the property owner, if known, and conditions found. Sec. 5. Seizure of property. (1) If a clandestine drug lab or chemical dump site is located inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities may immediately seize such property and transport it to a more secure location. (2) Personal property may not be removed from a clandestine drug lab site or a chemical dump site without prior consent from the City Environmental Health Official. Sec. 6. Action by City Environmental Health Official. (1) Upon notification by law enforcement authorities, the City Environmental Health Official or other appropriate municipal or public health authority will issue a Declaration of Public Health Nuisance for the affected property and post a copy of the Declaration at all probable entrances to the dwelling or property. (2) Removal of the posted Declaration of Public Health Nuisance by anyone other than the Environmental Health Official, law enforcement authorities or their designees is prohibited. (3) The City Environmental Health Official shall also attempt to notify the following parties of the Declaration of Public Health Nuisance: (a) Owner of the property; (b) Occupants of the property; (c) Neighbors within close proximity that can be reasonably affected by the conditions found; (d) The City of Maplewood Police Department and (e) Other state and local authorities, such as the Minnesota Pollution Control Agency and the Minnesota Department of Public Health, which are known to have public and environmental protection responsibilities applicable to the situation. (4) Any rental license issued by the city for the property is immediately suspended upon issuance of the Declaration of Public Health Nuisance. Such license will be reinstated only after full compliance with an abatement order. (5) After issuance of the Declaration of Public Health Nuisance, the City Environmental Health Official will issue an order to the property owner to abate the public health nuisance. The abatement order will include the following: (a) A copy of the Declaration of Public Health Nuisance; (b) An order to immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk; (c) Notification of suspension of the rental license, if applicable; (d) A summary of the owner's and occupant's responsibilities; (e) Information on locating professional services necessary to remove and abate the public health nuisance status as provided in this ordinance and Minnesota State Statute Section 145A.04 and (f) Information about the potentially hazardous condition of the clandestine drug lab site or chemical dump site. Sec. 7. Responsibilities of owner. (1) Upon receipt of an abatement order by the City's Environmental Health Official, the property owner must, at the owner's expense: (a) Immediately vacate those portions of the property, including building or structure interiors, that may place the occupants or visitors at risk. This includes dwellings, buildings, motor vehicles, trailers, boats, appliances or any other affected area or location. No persons shall occupy, enter or allow occupancy or entrance to a building or structure declared a Public Health Nuisance until such declaration is vacated or modified to allow occupancy; (b) Properly secure and post warning signs on the perimeter of any contaminated areas on the property in an effort to avoid exposure to unsuspecting parties; (c) Promptly contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided assurance of appropriate equipment, procedures and personnel, as determined by the Minnesota Department of Health) to accomplish the following: 1) A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; 2) Soil testing of the site and testing of all property and soil in proximity to the site that the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; 3) A complete cleanup of all property and soil at the site and in proximity to the site that is found to be affected by conditions found at the site (including, but not limited to, the cleanup or removal of contaminated plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete cleanup of the demolished site and 4) Remediation testing and follow-up testing to determine all health risks are sufficiently reduced, according to the Minnesota Department of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein. (d) Regularly notify the city of actions taken and reach agreement with the city on the cleanup schedule. The city shall consider practical limitations and the availability of contractors in approving the schedule for cleanup and (e) Provide written documentation to the city of the cleanup process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with Minnesota Department of Health guidelines. (2) The property may not be re-occupied or used in any manner until the city has obtained the written statement in Section 7 (1) (e) and has confirmed that the property has been cleaned in accordance with the guidelines established by the Minnesota Department of Health. Sec. 8. Owner's responsibility for costs. The owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine drug lab site or chemical dump site, including, but not limited to, costs for: (1) Emergency response; (2) Posting and physical security of the site; (3) Notification of affected parties; (4) Expenses related to the recovery of costs, including the assessment process; (5) Laboratory fees; (6) Cleanup services; (7) Administrative fees and (8) Other associated costs. Sec. 9. City authority to initiate cleanup and recovery of costs. (1) If, within ten (10) days after service of notice of the Declaration of Public Health Nuisance, the city is unable to locate the property owner or if the City Environmental Health Official determines that the owner refuses to or cannot pay the costs or arrange timely assessment and cleanup that is acceptable to the city, the City Environmental Health Official is authorized to proceed in a prompt manner to initiate the on-site assessment and cleanup. (2) The city may abate the nuisance by removing any hazardous structure, building or otherwise in accordance with Minnesota Statutes Chapter 463, Chapter 18 of the Maplewood City Code or by any other means provided under law. (3) If the city abates the public health nuisance, in addition to any legal remedy, it is entitled to recover all costs associated with such abatement plus an additional 25% of the city's costs for administration. In addition to any other legal remedy, the city may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner that taxes and special assessments are certified and collected pursuant to Minnesota Statutes Section 429.101 and Section 18-37 of the Maplewood City Code. Sec. 10. Authority to modify or remove declaration of public health nuisance. (1) The Environmental Health Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. (2) Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. Sec. 11. Penalties. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute Section 609.02, subd. 3. Sec. 12. Severability. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. Sec. 13. Effective date. This ordinance shall take effect upon its passage and publication. Passed by the City Council on 2004. Mayor ATTEST: City Clerk Ayes: Nays: