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
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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
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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.
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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
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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
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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:
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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:
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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.
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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
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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
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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.
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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. May 12, 2003 City Council minutes
2
Attachment 1
LOCATION MAP
4
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4
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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
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AREA MAP (ENLARGED)
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Attachment 5
FOUR SEASONS
PARK
KENNARD STREET
RIGHT OF WAY
TO BE VACATED
SEXTANT AVENUE
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SITE PLAN
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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
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Attachment 5
TOENJES HILLS ESTATES
PRELIMINARYPLAT
EXISTING CONDITIONS 6z DEMO PLAN
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15
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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
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TOENJES HILLS ESTATES
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18
Attachment 9
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Attachment 10
TOENJES HILLS ESTATES
PRELIMINARY PLAT
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TOENJES HILLS ESTATES
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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
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Attachment 2
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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
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MAR 1 2 ~~~~
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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
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ember
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.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
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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
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Attachments: Location Maps
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`~ 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
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Page 2
RE.: City Project #02-10 Kennard/Frost Neighborhood Street Itnprovement -
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Re.: City Project #02-10 Kennard/Frost Neighborhood Street Improvement
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Re.: City Project #02-10 Kennard/Frost Neighborhood Street Improvement
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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,
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Edward/Phalen Intersection Stop Sign Petition, Cont.
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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.
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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: