HomeMy WebLinkAbout2002 07-22 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 22', 2002
Council Chambers, Municipal Building
Meeting No. 02 -16
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF MINUTES
1. Minutes from the Council /Manager Workshop, July 8, 2002
2. Minutes from the City Council Meeting, July 8, 2002, Meeting No. 02 -14
E. APPROVAL OF AGENDA
F. APPOINTMENTS /PRESENTATIONS
1. Planning Commission Appointment
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one
motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda
and will be considered separately.
1. Approval of Claims
2. Transfer to Close Fund for Hazelwood Street Project
3. 2002 Firefighter Pay and Benefits
4. Employment Background Check Ordinance - Amending Chapter 2 of City Code
5. Final Plat -Towns of New Century Second Addition (New Century Boulevard and New
Century Lane)
6. Conditional Use Permit Review - Goodrich Golf Course Club House (1820 Van Dyke Street)
H. PUBLIC HEARINGS
1. 7:00 p.m. Home Occupation License- Eckhoff Photography (2443 Montana Avenue East)
2. 7:15 p.m. Phosphorus Free Fertilizer Ordinance Amendment (Second Reading)
I. AWARD OF BIDS
1. T.H. 61 /County Road D Water Main (Hillcrest Animal Clinic), Project 01 -28: Resolution
Awarding Bid
J. UNFINISHED BUSINESS
1. Adult Uses and Sexually Oriented Business -Code Amendment
2. Fireworks Ordinance -- Second Reading
K. NEW BUSINESS
1. Markham Pond Outlet, Project 02 -02: Resolution Approving Plans, Authorizing Receipt of
Bids, Ordering preparation of Assessment Roll
2. Parkway Drive Lift Station, Phase 2, Project 02 -14: Resolution Ordering Feasibility Study
3. County Road D Improvements, Project 01-15: Resolution Directing Modification of
Existing Construction Contract (Change order No. 1- Bruentrup Farm Parking Lot)
4. Maple Hills Lift Station No. 19, Project 02 -04: Resolution Directing Modification of
Existing Construction Contract, Change Order No. 1
5. Municipal Legislative Commission (MLC) Board Appointment
6. Centex/Hillcrest Redevelopment -- Continued
L. VISITOR PRESENTATIONS
M. COUNCIL PRESENTATIONS
1.
2.
3.
N. ADMINISTRATIVE PRESENTATIONS
1.
2.
3.
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) 770 -4523 to make arrangements.
Assisted Listening Devices are also available. Please check with the City Clerk for availability.
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff
and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable
manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles:
Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.
AGENDA ITEM -N. � � r �
MINUTES J
CITY COUNCIL /MANAGER WORKSHOP
Monday, July 8, 2002
Council Chambers, City Hall
6:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
Others Present:
City Manager Fursman
Assistant City Manager Coleman
City Clerk Guilfoile
C. APPROVAL OF AGENDA
Councilmember Wasiluk moved to approve the agenda as presented.
Seconded by Councilmember Collins Ayes -All
D. NEW BUSINESS
1. Metropolitan Council - Report on Transit Center at Maplewood Mall
a. Assistant City Manager Coleman presented the report.
b y Council —1
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11 1 - �..tt .. ,. ,.� �...�.......,.. ■.�
Modified
Rejected
b. Richard Rovig from Metro Transit spoke on the plan for the proposed Metro Transit
Center at the United Artist Theatre site.
2. Ramsey County Meeting on Housing and Redevelopment Authority (HRA) Levy
a. Assistant City Manager Coleman presented the report.
Assistant City Manager Coleman will be attending a meeting on July 10, 2002 to
discuss the possibility of instituting a countywide levy for redevelopment activities.
City Council supported pursing the benefits for Maplewood with participation in this
program.
Council/Manager's Workshop 07 -08 -02
3. Human Relations Commission Interview
a. City Manager Fursman presented the report.
Barbara Damchik -Dykes was interviewed for the vacancy on the Human Relations
Commission.
Councilmember Collins moved to appoint Barbara Damchik -Dykes to the vacant
position on the Human Relations Commission
Seconded by Councilmember Juenemann Ayes -All
4. Vacant Lots -- Property Clean -up
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics.
Ms. Coleman explained that if there is code violation on a vacant lot, the property
owner is identified and a citation is mailed out to them. An absentee landowner is
tracked down to the best of the city staff's ability. Last case scenario, the property
owner can be accessed a fee on their property taxes for the cleaning up of their
parcel.
E. FUTURE TOPICS
1. Exploring the Possibilities of a Sister City
2. Ordinance Regulating Buckthorn
3. Ward System by Emil Sturzenegger
F. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 6:57 p.m
Seconded by Councilmember Juenemann Ayes -All
Council/Manager's Workshop 07 -08 -02
AGENDA
DRAFT - MINUTES No . �'
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 08, 2002
Council Chambers, Municipal Building
Meeting No. 02 -14
A.
B.
C.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from June 24, 2002 Council/Manager Workshop
Councilmember Juenemann moved to approve the Council /Manager Workshop Minutes of June
24, 2002 as presented.
Seconded by Councilmember Collins
Ayes -All
2. Minutes from June 24, 2002 City Council Meeting, Meeting No. 02 -13
Councilmember Wasiluk moved to approve the City Council Minutes of June 24, 2002 meeting
No. 02 -13 as presented.
Seconded by Councilmember Juenemann
E. APPROVAL OF AGENDA
G8. Donation to Maplewood Police
Ayes -All
M4.
Department
F2.
Moved to G9.
M1.
National Night Out
M2.
Police Chief Winger
M3.
Affordable Housing
Ayes -All
M4.
School District 622
M5.
White Bear Avenue Parade and
Ramsey County Fair
M6.
NEST
M7.
Attorney Question
Councilmember Juenemann moved to approve the Agenda as amended.
Seconded by Councilmember Wasiluk Ayes -All
City Council Meeting 07 -08 -02
F. APPOINTMENTS /PRESENTATIONS
1. MRPA Award of Excellence
a. City Manager Fursman presented the report.
b. Parks and Recreation Director Anderson provided specifics about the award.
John Elholm from the Minnesota Recreation and Park Association (MRPA) awarded the City of
Maplewood Parks and Recreation Department an Award of Excellence for their winning project:
Marketinz of Maplewood Parks and Recreation Department. City employees Pauline Staples
and Heidi Hersom were recognized for their contribution.
G. CONSENT AGENDA
Councilmember Koppen moved to approve Consent Agenda Items 1 -3 and 6 -8 as presented.
Seconded by Councilmember Wasiluk Ayes -All
1. Approval of Claims
ACCOUNTS
T) AX7AT T
$4,000.00 Check #58058 dated 6/18/02
$441,404.69 Checks #58059 thru 958118 dated 6/21 thru
6/25/02
$215,125.64 Disbursements via debits to checking account
dated 6/14 thru 6/24/02
$322.00 Check #58119 dated 6/25/02
$548,137.19 Checks #58120 thru #58190 dated 6/28 thru
7/2/02
$2,088,720.95 Disbursements via debits to checking account
dated 6/21 thru 6/28/02
$3,297,710.47 Total Accounts Payable
n A 'X 71n f %T T
$386,393.30 Payroll Checks and Direct Deposits dated
6/21/02
$30,065.05 Payroll Deduction checks #89453 thru #89459
dated 6/21/02
$416,458.35 Total Payroll
$3,714,168.82 GRAND TOTAL
City Council Meeting 07 -08 -02 2
2. Donation- Landfall Cops `n Kids Fishing Clinic
Approved the donation of $100.00 from Saturn of Saint Paul,to the Landfall Cops `n Kids
Fishing Clinic.
3. Mall Area Traffic Study, City Project 01 -11: Resolution Approving Cost Share
Agreement with Minnesota Department of Transportation
Approved the following resolution with MnDOT requesting their participation in the Mall
Area Comprehensive Traffic Study at $16, 331:
RESOLUTION 02 -07 -124
REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION IN TRAFFIC STUDY
CITY PROJECT 01 -11
WHEREAS, the Maplewood City Council has established resolution of the traffic
problems in the area of Maplewood Mall as a top priority goal for the community, and
WHEREAS, the roadway systems in the area of Maplewood Mall are under
various jurisdictions, including MnDOT, Ramsey County and the Cities of Maplewood,
North St. Paul, White Bear Lake and Vadnais Heights, and
WHEREAS, a comprehensive study of the traffic patterns within the area will
develop solutions that will benefit all area roadways, and
WHEREAS, URS Corporation indicated that the cost of conducting a traffic study
of the Maplewood Mall area would cost $48,993.
THAT:
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL
1. The Minnesota Department of Transportation is hereby requested to participate in
one -third (1/3) of the project cost or $16,331.
2. The Maplewood City Engineer will be the Project Manager and Administrator of
the overall project.
3. All funds received from MnDOT and Ramsey County shall be directed to pay the
costs of the consultant work on the study.
4. Duc's Restaurant -705 Century Avenue North -3.2 Malt Liquor License - -Moved to New
Business
5. Vietnam Restaurant -3035 White Bear Avenue -3.2 Malt Liquor License -Moved to New
Business
City Council Meeting 07 -08 -02 3
6. Selection of Location -City Visionary Meeting
Approved the itinerary for the July 30, 2002 visionary meeting.
7. Centex /Hillcrest Redevelopment
Approved to continue Centex/Hillcrest Area Redevelopment agenda item to July 22,
2002.
8. Donation to Police Department from Maplewood Toyota
Moved to approve the donation of two vehicles from Maplewood Toyota to the
Maplewood Police Department.
9. Human Relations Committee Appointment
Appointed Barbara Darnchik -Dykes to the vacancy on the Human Relations Commission.
H. PUBLIC HEARINGS
1. 7:00 p.m. (7:15 p.m.) Sinclair Fuel Station (223 Larpenteur Avenue)
A. Conditional Use Permit
B. Design Approval
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
C. Jackie Junek presented the Planning Commission Report.
d. Diana Longrie -Kline presented the Community Design Review Board Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Larry Feldsien, representing Sinclair Oil
f. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit to operate a motor fuel station within the business commercial, BC, zoning district for the
Sinclair Gas Station located at 223 Larpenteur Avenue East:
City Council Meeting 07 -08 -02 4
RESOLUTION 02 -07 -125
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Sinclair Oil Corporation applied for a conditional use permit to operate a
motor fuel station within the BC, Business Commercial, zoning district;
WHEREAS, this applies to property located at 223 Larpenteur Avenue East. The
legal description is:
The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the West 1 /2 of the
Southeast 1 /4 of the Southeast 1 /4 of Section 18, Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 17, 2002, the planning commission recommended that the city council approve
this permit.
2. On July 8, 2002, 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 city council gave
everyone at the hearing a chance to speak and present written statements. The council
also considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above -
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.
City Council Meeting 07 -08 -02 5
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The fuel station's hours of operation, including pay -at- the -pump fueling, is limited to 6
a.m. to 11 p.m.
2. The applicant shall comply with all requirements of the Minnesota Pollution Control
Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc.
3. All construction shall follow the site plan approved by the city including the removal of
the westerly Larpenteur Avenue driveway and relocating the driveway onto Adolphus
Street. The director of community development may approve minor changes.
4. The proposed construction must be substantially started within one year of the city
council approval or the permit shall become null and void. The city council may extend
this deadline for one year.
5. The city council shall review this permit in one year.
Seconded by Councilmember Collins Ayes -All
Councilmember Koppen moved to approve the plans date stamped May 10, May 16, and May 23,
2002, for the building addition, remodeling and construction of a new canopy and fuel islands for
the Sinclair Gas Station at 223 Larpenteur Avenue East.
Approval is subject to the following conditions:
,a. Repeat this review in two years if the city has not issued a building permit for this project.
b. Submit the following for staff approval before the city issues a building permit:
(1) A revised site plan showing:
(a) Removal of the westerly driveway on Larpenteur Avenue and the
replacement of all required curb and gutter along Larpenteur Avenue and
the parking area.
(b) At least a 24- foot -wide driveway entrance on Adolphus Street. The
driveway must be centered on the fuel pump islands.
(c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three
lanes should be marked with paint and arrows to include an entrance lane,
a left -turn exit lane, and aright -turn exit lane.
(2) Revised grading, drainage, utility and erosion control plans.
(3) A revised landscape plan showing the following:
City Council Meeting 07 -08 -02 6
(a) Moving the five scotch pines proposed on the west side of the site to the
north side of the new driveway. These pine trees should be at least six -feet
in height, as opposed to the proposed four -foot height.
(b) Expanding the landscaping proposed on the south side of the site to the
west property line, due to the removal of the westerly Larpenteur Avenue
driveway.
(c) Landscaping as required by the city engineer within any required rain
garden.
(c) Installing in- ground sprinkler system for all landscaped areas.
(d) Edging and mulching all planting beds.
(4) Revised canopy elevations showing that the lights beneath the canopy are flush
mount. The lenses of the lights must not drop below the opaque portions of each
lighting fixture.
(5) A revised photometric plan showing that the site lighting complies with the city's
lighting ordinance.
(6) Trash enclosure fence sample must be submitted to staff to ensure the fence is 100
percent opaque.
(7) Aright -of -way easement covering the westerly 15 feet of the site. The easement
must be recorded with Ramsey County prior to issuance of a building permit.
(8) Revised rear elevation showing that the new brick proposed for the sides of the
building wrap around onto the back elevation by 2 feet on both sides.
C. Complete the following before occupying the building:
(1) Restore and sod damaged boulevards.
(2) Install all pavement, curb, and gutter.
(3) Install stop signs at both exits and ahandicap- parking sign for the handicap-
parking stalls.
(4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be
marked with paint and arrows to include an entrance lane, cleft -turn exit lane, and
aright -turn exit lane.
(5) Install the approved trash enclosure.
(6) Install all required landscaping.
d. If any required work is not done, the city may allow temporary occupancy if:
City Council Meeting 07 -08 -02 7
(1) The city determines that the work is not essential to the public health, safety or
welfare.
(2) The city receives cash escrow or an irrevocable letter of credit for the required
work. The amount shall be 150 percent of the cost of the unfinished work. Any
unfinished landscaping shall be completed by
June 1 if the building is occupied in the fall or winter or within six weeks if the
building is occupied in the spring or summer.
(3) The city receives an agreement that will allow the city to complete any unfinished
work.
e. This approval does not include the signs. All proposed signs require a separate sign
permit and must comply with the city's sign ordinance.
f. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Juenemann Ayes -All
2. 7:15 p.m. Bruentrup Farm (2170 County Road D)
A. Conditional Use Permit Revision
B. Design Approval
C. Consider Funding Options
D. Change Order Authorizing Construction
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
C. Jackie Junek presented the Planning Commission Report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Conditional Use Permit Revision:
George Rossbach, 1406 East County Road C, Maplewood
Carolyn Peterson, 1801 Gervais Avenue, Maplewood
Charlotte Wasiluk, 1740 Frank Street, Maplewood
Deb Charpentier, 2212 County Road D East, Maplewood
Kevin Berglund, 1929 Kingston, Maplewood
Councilmember Collins moved to table this item until after item H3.
Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmember
Collins
Nays - Councilmembers Juenemann, Koppen
and Wasiluk
City Council Meeting 07 -08 -02 8
Motion failed.
Councilmember Koppen moved to adopt the resolution approving a revised conditional use
permit (CUP) for the Bruentrup Heritage Farm at 2170 County Road D:
RESOLUTION 02 -07 -126
CONDITIONAL USE PERMIT REVISION
WHEREAS, the Maplewood Historical Society was granted a Conditional Use Permit on June
14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as:
Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333
feet of the East 213 feet and except the South 905 feet, the NE 1/4 (subject to roads and
easements), in Section 2, Township 29, Range 22. (PIN 02- 29 -22 -11 -0009)
WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot
on the eastern side of the Bruentrup Heritage Farm site.
WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and
recommended that the City Council approve this permit revision.
WHEREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and
Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and
notice of said hearing was mailed to surrounding property owners, and after considering all
testimony from every person or persons wishing to speak or those who wished to submit written
statements, and after considering reports and recommendations from city staff and the planning
commission.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above -
described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate area 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, smoking, 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.
City Council Meeting 07 -08 -02 9
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development and design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and deletions are
crossed out):
1. All construction shall follow the approved site plan dated May 17, 2002, for the proposed 21 -car
parking lot for the Bruentrup Heritage Farm to be located on the eastern side of the farm house
building, which shall include a bus turnaround, subject to the addition of extensive landscape
features which shall be desigLaed by a registered landscape architect to screen from view the
properties to the east and northeast of the iparking lot. Approval is granted siting the fact that the
parking lot is located and designed to minimize the impact to the City owned and maintained
open space, and that the parking lot would not change and is consistent with the operation of the
Bruentrup Heritage Farm as a public facility.
2. All construction shall follow the site plan approved by the City. The City Engineer may approve
minor changes to the site plan.
3. The City Council shall review this permit in one year.
4. Any parking lot lights shall be installed per City code, subject to the approval of the City
Engineer.
5. The site plan dated May 1999 shall be deemed the approved site plan for the Bruentrup Heritage
Farm site, except the addition of the 21 -car parking lot on the eastern side of the site.
6
ray cr ♦�ir�.Hano
Seconded by Councilmember Wasiluk Ayes- Councilmembers Collins,
Koppen, Juenemann and Wasiluk
Nays -Mayor Cardinal
City Council Meeting 07 -08 -02 10
Design Approval:
Deb Charpentier, 2212 County Road D East, Maplewood
Dave Huebl, 2191 County Road D East, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
George Rossbach, 1406 East County Road C. Maplewood
Councilmember Koppen moved to approve the design plans for the Bruenturp Heritage Farm
Parking Lot at 2170 County Road D.
Councilmember Wasiluk offered a friendly proposal to work with the neighbors on the agreeable
screening.
Seconded by Councilmember Juenemann
Ayes - Councilmember Collins,
Koppen, Wasiluk and Juenemann
Nays -Mayor Cardinal
Consider Funding Options
George Rossbach, 1406 East County Road C, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
Dave Huebl, 2191 County Road D East, Maplewood
Councilmember Collins moved accept Funding Option Two: $30,000 from the Park
Development Fund and $10,000 from the Historical Society Funds.
Seconded by Councilmember Wasiluk Ayes -All
Change Order Authorizing Construction:
City Engineer Ahl asked to bring this item back to the council at the Special Council Meeting on
July 18, 2002.
2. 7:30 p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street)
A. Conditional Use Permit Revision
B. Design Approval
a.
b.
C.
d.
City Manager Fursman presented the staff report.
Associate Planner Roberts presented specifics from the report.
Jackie Junek presented the Planning Commission Report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Kao Lee, representing the church, 2415 Cypress, Maplewood
Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood
Dick DuFresne, 1721 DeSoto Street, Maplewood
Audrey Duellman, 1843 DeSoto Street, Maplewood
City Council Meeting 07 -08 -02 11
Dick Friemuith, 1802 Burr Street, Maplewood
James Evans, 1796 Burr Street, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
Sullivan Kong, member of the Hmong Alliance Church from St. Paul
Ge Her, 1391 Bradley Street, Maplewood
Ye Her, 1768 McMenemy, Maplewood
Christine Le, Member of the Church
Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted
Barry Morgan, Master Engineering, 2104 4 th Avenue South, Minneapolis, for the Church
Kao Lee, second appearance
Kevin Berglund, second appearance
Dick DuFresne, second appearance
Councilmember Koppen moved to adopt the resolution approving a conditional use permit for
the parking lot and plUgound for St. Paul Hmong Alliance Church at 1770 McMenemy Street.
RESOLUTION 02 -07 -127
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional
use permit because of their plans to enlarge their church parking lot, to add a driveway to Desoto
Street and to add a playground to their property.
WHEREAS, this permit allows the church and Sunday school.
WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is:
Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and
except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North
10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27,
Township 29, Range 22.
And
Commencing at a point on the West line of Section 17, Township 29, Range 22, said
point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest
1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter
Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence
running South along the East line of said quarter quarter Section 166.98 feet; thence running
West and parallel with the North line of said quarter quarter Section 1308.4 feet to the
intersection with the West line of said Section; thence running North along said last named line
166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except
land described in Document No. 2137431.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 24, 1986, the city council granted a conditional use permit for a church at this
location.
2. On June 17, 2002, the planning commission recommended that the city council approve this
permit revision, except the addition of the new driveway to DeSoto Street.
City Council Meeting 07 -08 -02 12
3. The city council held a public hearing on July 8, 2002. City staff published a notice in the paper
and sent notices to the surrounding property owners as required by law. The council gave
everyone at the hearing a chance to speak and present written statements. The council also
considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described
conditional use permit revision, 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 run -off, vibration, general unsightliness, electrical interference or other
nuisances.
5. 'The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes. This approval includes the parking lot expansion, and
the proposed playground.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood
screening fences along the north side of the site.
4. The city council shall review this permit in one year.
City Council Meeting 07 -08 -02 13
S. The city council may require additional parking spaces if a parking shortage develops.
6. The plans for the driveway to DeSoto Street, the future church addition and future gymnasium
are not approved. These shall be submitted to the City Council for approval of a revised
conditional use permit.
7. The city council may require the church to make changes to the site, including closing the new
driveway to DeSoto Street, if the council deems it necessary or prudent, during future reviews of
the conditional use permit.
8. The church shall provide adequate screening of the new parking lot and the new driveway from
adj acent homes by planting, berming or both.
Seconded by Councilmember Wasiluk Ayes -All
Councilmember Koppen moved to approve the desi =plans for the proposed parking lot, and
playground for St. Paul Hmong Alliance Church.
This approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a permit for this expansion.
2. Before starting the construction of the parking lot and the new driveway, provide for staff
approval the following plans:
a. A revised landscape plan that shows the following:
(1) Significant screening and landscaping along the south side of the parking lot and the
new driveway to Desoto Street in the areas next to the adjacent houses. Such
screening shall be at least six feet tall and be 80 percent opaque and maybe
accomplished with a fence, berming or trees.
(2) The use of native turf for the proposed ponding areas with additional landscaping in
and around the eastern pond.
b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval.
The erosion control plan shall meet ordinance requirements and all the plans shall meet the
requirements of the city engineer. If the grading plan shows the elimination of any mature
trees (eight inches in caliper or more), the applicant shall replace these trees in accordance
with the woodland protection ordinance.
c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The
lights cannot be more than 25 feet in height as measured from the ground grade to the top of
the luminary. The plan also must show that the lighting would not exceed the maximum
illumination as allowed by code (0.4- foot - candles) at the property lines.
d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that
is 100 percent opaque.
e. A playground layout plan that includes the location and style of playground equipment.
City Council Meeting 07 -08 -02 14
3. Resod the lawn that is disturbed by construction activities.
4. Restripe the driveway onto McMenemy Street to include a turn lane.
5. Construct the required trash container enclosure.
6. Install a stop sign and speed bumps on the new driveway to DeSoto Street.
7. If any required work is not done, the city may allow temporary occupancy if :
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives a cash escrow or an irrevocable letter of credit for the required work.
The amount shall be 150% of the cost of the unfinished work.
8. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Wasiluk Ayes -All
Councilmember Koppen moved to deny the driveway access onto DeSoto Street
Seconded by Councilmember Collins Ayes -All
Denial of driveway request is because of concern that DeSoto is not currently designed/built to
carry additional traffic. When improvements are planned and completed on DeSoto Street, the
church could then make a request for an access.
City Manager Fursman noted that if additional design features are made for the McMenemy
entrance, those could be bought back to the staff for modification.
Councilmember Wasiluk moved to extend the meeting to complete the agenda
Seconded by Councilmember Koppen Ayes -All
A five- minute break was taken.
I. AWARD OF BIDS
1. Award of Bid - Hazelwood Park Soccer Lights
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to award the bid for the electrical hookup for the Hazelwood
Park soccer lights for the open space properties to Muska Electric for $34,944.00:
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 07 -08 -02
15
2. Award of Bid for Open Space Signage
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to award the bid for si ng_age to Ace Sign Displasfor
$26,114.40 for the open space properties at Hazelwood Park.
Seconded by Councilmember Juenemann Ayes -All
3. Sanitary Sewer Repair Program -City Project 02 -06
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to award the bid for Cured -in -Place Pipe, Project 02 -06 to
Insituform Technologies, based on their low bid of $84,778.65, and authorized the Finance
Director to transfer the necessary funds for the Sanitary Sewer Utility Fund to the Project Fund.
Seconded by Councilmember Juenemann Ayes -All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Acapulco Restaurante Mexicano -3069 White Bear Avenue - Intoxicating Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
C. The following persons were heard:
Jose Leon, Owner /Manager
Sam Leon, Manager
Matt Johnson, Attorney representing the Acapulco Restaurante Mexicano
Councilmember Collins moved to approve the liquor license application with the conditions
outlined in the staff report for Jose Leon and the Acapulco Restaurante Mexicano, 3 069 White
Rear AvPr»>P-
Seconded by Councilmember Koppen Ayes -All
2. Beaver Lake Townhomes Sanitary Sewer & Bike Path, Project 01 -09: Resolution Approving
City Council Meeting 07 -08 -02 16
Plans and Advertising for Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the resolution approving_ plans and advertising for the
Beaver Lake Townhomes -sanitary Sewer and Bike Path, City Project 01 -09:
RESOLUTION 02 -07 -128
APPROVING PLANS ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 24, 2002, plans and
specifications for the Beaver Lake Town Homes Trunk Sanitary Sewer and Bike Path, Project
01 -09, have been prepared by (or under the direction of) the city engineer, who has presented
such plans and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at
10 a.m. on the 2nd day of August 2002 at the city hall and that no bids shall be considered unless
sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the
City of Maplewood, Minnesota for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive,
open, and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of August 12, 2002.
Seconded by Councilmember Juenemann Ayes -All
3. Eldridge Avenue Improvements, Project 01 -29:
a. Resolution Approving Plans and Advertising for Bids
b. Resolution Ordering Preparation of Assessment Roll
c. Resolution Ordering Assessment
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following three resolutions for the
Eldridge Avenue Improvement, Proj ect 01 -29: Resolution Approving Plans and
City Council Meeting 07 -08 -02 17
Advertising for Bids, Resolution Ordering Preparation of Assessment Roll, and
Resolution Ordering Assessment:
RESOLUTION 02 -07 -129
APPROVING PLANS ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 24, 2002, plans and
specifications for the Eldridge Avenue Improvements, City Project 01 -29, have been prepared by
(or under the direction of) the city engineer, who has presented such plans and specifications to
the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. A variance from the city standard street width in order to construction a 28 -foot-
wide street is hereby approved.
3. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at 10:15 a.m. on the 2nd day of August
2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk
and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota
for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive,
open, and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of August 12, 2002.
RESOLUTION 02 -07 -130
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of
Eldridge Avenue, from McMenemy Street to DeSoto Street, City Project 01 -29.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by
law, and they shall file a copy of such proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the
council thereof.
City Council Meeting 07 -08 -02 18
RESOLUTION 02 -07 -131
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the construction of Eldridge Avenue, from McMenemy Street to DeSoto
Street, City Project 01 -29, and the said assessment is on file in the office of the city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of August 2002, at the city hall at
7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard with reference to
such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement the area to be assessed, that the proposed assessment roll is on file
with the clerk and that written or oral objections will be considered.
Seconded by Councilmember Koppen Ayes -All
4. Dorland Road Access Improvement -City Project 01 -26: Resolution Terminating
Improvement Project and Waiving Utility Charges
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution terminating the Dorland Road
Access Improvement, City Proi ect 01 -26, and authorized a transfer from the S ewer Utility Fund
to waive the SAC and WAC charges for 2 lots adjacent to Dorland Road and to close the proms
fund:
RESOLUTION 02 -07 -132
TERMINATING THE DORLAND ROAD ACCESS IMPROVEMENT PROJECT
AND WAIVING THE SAC AND WAC CHARGES
CITY PROJECT 01 -26
WHEREAS, on December 17, 2001, the Maplewood City Council authorized an
Improvement Project for access to Dorland Road from 2310 Mailand Road, known as City
Project 01 -26, and
WHEREAS, the property owner at 2310 Mailand Road has reached agreement for access
to Dorland Road through a reserve strip known as Outlot B within the Highwood Oaks Estates
Plat, and
City Council Meeting 07 -08 -02 19
WHEREAS, Outlot B was to be conveyed to the City as part of the Highwood Oaks
Estates Plat and the City was to determine and ensure "fair compensation" to the developer of
Highwood Oaks Estates Plat, and
WHEREAS, 2 new lots could be created at 2310 Mailand Road as part of a future platting
at that property that will incur SAC and WAC charges, and
WHEREAS, the City has incurred costs as part of the resolution of the "fair
compensation" issue for the reserve strip.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL THAT:
1. Improvement Project 01 -26, known as Dorland Road Access Improvements is hereby
terminated.
2. The SAC and WAC charges for the 2 future lots to be accessing Dorland Road from 2310
Mailand Road are hereby waived.
3. The Finance Director is hereby authorized to transfer funds from the Sewer Utility Fund to
cover all proj ect expenses from Proj ect 01 -26 and the SAC and WAC charges.
4. Outlot B within the Highwood Oaks Estates Plat is hereby conveyed to the property owner at
2310 Mailand Road subject to receipt of a waiver from the developer that "fair
compensation" has been received for the utility and road improvements.
Seconded by Councilmember Collins Ayes -All
5. Phosphorus Free Fertilizer Ordinance Amendment (First Reading)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Collins moved to approve the first reading of the following_ phosphorus
ordinance. Councilmember Juenemann and Wasiluk will work with staff and bring back a
revised ordinance to the July 22, 2002 Council Meeting:
ORDINANCE NO.828
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS
AND REGULATING THE USE OF FERTILIZER
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS:
SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide:
City Council Meeting 07 -08 -02 20
COMMERCIAL FERTILIZER APPLICATION
17 -7 -1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determine the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality may be improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
Maplewood and other users enjoy.
17 -7 -2: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer
for hire.
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl,
lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
17 -7 -3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first
obtaining a license from the City as provided herein.
17 -7 -4: LICENSE APPLICATION: All applications for a license required under this section
shall be made on a form furnished by the City and submitted to the City, together with the
licensing fee established by the City Council.
17 -7 -5: CONDITIONS OF LICENSE: The licensee shall comply with the following
requirements:
a. Random Sampling: During the term of the license, the licensee shall permit the City to obtain a
sample of any fertilizer to be applied within the City.
b. Possession of License: The license, or a copy thereof, shall be in the possession of the licensee
or its employees or agents when they are applying fertilizer in the City.
c. Timing of Application: No fertilizer application shall be made when the ground is frozen and
not between November 15 through April 1 of the succeeding year.
d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not apply, spill, or
otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled, or deposited,
either intentionally or accidentally, on impervious surfaces shall be immediately and completely
removed by the licensee before leaving the site.
e. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in the
City Wetland Ordinance 9 -196, or within 25 feet of the edge of any wetland, pond, or lake.
City Council Meeting 07 -08 -02 21
f. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the City that
contains any amount of phosphorus or other compounds containing phosphorus, such as
phosphate. The provisions of this paragraph about fertilizer content shall not apply to:
1. Newly established turf areas for the turf s first growing season; or
2. In turf areas that soil tests confirm are below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not
contain an amount of phosphorus exceeding the amount of phosphorus and the
appropriate application rate recommended in the soil test evaluation.
3. Record keeping: The licensee shall be responsible for maintaining a record of the pounds
of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the
licensee during the year, and a record of the soil test confirming the need for phosphorus.
17 -7 -6: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee,
while engaged in the performance of their duties for the licensee under the license, shall be
deemed the conduct of the licensee.
17 -7 -7: NON - COMPLIANCE: Failure to comply with any requirement set forth in the Chapter
shall constitute sufficient cause for the revocation of the license by the City Council following a
public hearing.
17 -7 -8: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder
is effective for the period of January 1 to the following December 31 and must be renewed
annually by the licensee. The city shall not prorate any license fee. A license issued hereunder is
not transferable and any change in ownership of the licensed business shall terminate the license.
17 -7 -9: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
17 -7 -10: ENFORCEMENT: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor
punishable in accordance with law.
SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9 -200 to 9 -205
to provide:
DIVISION 5
LAWN FERTILIZER
9 -200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determined the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality may be improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
Maplewood and other users enjoy.
City Council Meeting 07 -08 -02 22
9 -201: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl,
lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
9 -202: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn
fertilizer is subject to the following restrictions:
a. Timing of Application: No fertilizer application shall be made when the ground is frozen
and not between November 15 through April 1 of the succeeding year.
b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited on
impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on impervious surfaces shall be immediately and completely removed.
c. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in
the City Wetland Ordinance 9 -196, or within 25 feet of the edge of any wetland, pond, or
lake.
d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within the
City that contains any amount of phosphorus or other compounds containing phosphorus,
such as phosphate. The provisions of this paragraph regarding fertilizer content shall not
apply to:
1.Newly established turf areas for the turf s first growing season; or
2.On turf areas which soil tests confirm area below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not
contain an amount of phosphorus exceeding the amount of phosphorus and the
appropriate application rate recommended in the soil test evaluation.
9 -203: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post a
notice in a conspicuous location near the fertilizer notifying customers of the limitation on the
use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter.
9 -204: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
9 -205: VIOLATIONS: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of
this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the
penalties imposed by Minnesota Statutes for petty misdemeanor offenses.
SECTION 3: This ordinance shall go into effect six months after the City Council passes it.
City Council Meeting 07 -08 -02 23
Seconded by Councilmember Koppen Ayes -All
6. Fireworks Ordinance (First Reading)
a. City Manager Fursman presented the staff report.
b. Fire Chief presented specifics from the report.
Councilmember Koppen moved to approve the first reading of the following fireworks
ordinance:
ORDINANCE NO. 829
AN ORDINANCE REGULATING THE SALE, USE AND POSSESSION OF
FIREWORKS WITHIN THE CITY OF MAPLEWOOD.
Section 1. Purpose.
It is the purpose of this ordinance to govern the possession, use, sale, storage, exportation and display
of fireworks in the City of Maplewood.
Section 2. Definitions.
"Fire Chief" is the Chief of the Maplewood Fire Department.
"Display Distributor" means any person, firm or corporation selling special fireworks.
"Distributor" means any person, firm or corporation selling fireworks to wholesalers and retailers
for resale.
"Law Enforcement Officers or Code Enforcement Officers" are individuals authorized to enforce
the laws or ordinances of the City of Maplewood.
"Legal Fireworks" means wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke
devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers,
and drop pops, each consisting of not more than twenty -five hundreths grains of explosive mixture.
"Manufacturer" means any person, firm, corporation or partnership engaged in the manufacture of
fireworks.
"Retailer" means any person, firm, corporation or partnership purchasing fireworks for resale to
consumers.
Section 3. Legal Fireworks
City Council Meeting 07 -08 -02 24.
Subd. 1. Legal fireworks for sale to the general public as that term is used in the Maplewood
Fireworks Ordinance shall be understood to mean fireworks legal for sale and use in Minnesota under the
provisions of Minnesota Statute Section 624.20.
Subd. 2. No individual, firm, partnership, corporation or association shall possess for retail sale
in the City of Maplewood, sell or offer for sale at retail or use or possess any fireworks other than legal
fireworks.
Section 4. Permit Required
Subd. 1. No person may sell, hold for sale, import, distribute or offer for sale, as speciality
retailer, or retailer any fireworks in the City of Maplewood unless such person has first obtained the
appropriate permit.
Subd. 2. The Fire Chief, Law Enforcement Officer and Code Enforcement Officer shall enforce
the Maplewood Fireworks Ordinance. All permit applications shall be submitted to the office of the City
Clerk. All retailers shall be required to purchase a retail fireworks permit for each retail location.
Subd. 3. Application. The application for a permit under the Maplewood Fireworks Ordinance
shall contain the following information: name, address, and telephone number of the applicant, the address
of the location where the legal fireworks will be sold, the type of legal fireworks to be sold, the estimate of
quantity of legal fireworks and a letter from the property owner granting permission to the applicant for use
of said property.
Subd. 4. An applicant for a permit under the Maplewood Fireworks Ordinance shall pay to the
City of Maplewood the following fees, which shall not be refundable, per location;
1. Retailer Permit . ........................$100.00
Subd. 5. Following an inspection of the location where the legal fireworks are to be sold, the
City Council shall issue a retailer permit if the conditions for permit approval are satisfied and the location of
the property is zoned either commercial or industrial.
Subd. 6. No retail permit shall be issued for any period of time in excess of one year, and any
permit may be revoked by the City Council when it shall appear that the permittee has violated any of the
provisions of this Ordinance or has engaged in activities contradictory to the best interest of the citizens of
the City. The permit issued shall be non - transferable either to different persons or location.
Section 5. Retail Sales or Storage of Fireworks: Regulated Activities
Subd. 1. The sale of legal fireworks only shall occur wholly within permanent buildings and
permanent structures, as defined by the National Building Code, which shall have been deemed safe and
proper by the appropriate code official(s). It shall be unlawful to sell fireworks within temporary facilities,
motor vehicles, tents or air - supported structures. No fireworks may be sold at retail without a retail permit.
The permit shall posted be at each location where the retail sale takes place and a list of all legal fireworks
sold at the location shall be available upon request.
City Council Meeting 07 -08 -02 25
Subd. 2. Buildings and permanent structures with approved sprinkler systems are limited to the
sale and storage of a total of one hundred (100) pounds net weight or four hundred (400) pounds gross
weight of legal fireworks. Buildings and permanent structures without approved automatic sprinkler systems
are limited to the sale and storage of a total of fifty (50) pounds net weight or two hundred (200) pounds
gross weight of legal fireworks.
Subd. 3. At all places where fireworks are stored, sold or displayed, the works "NO
SMOKING" shall be posted in letters at least four inches in height. Smoking and /or any discharge of any
object that could cause a spark or open flame is prohibited within one - hundred (100) feet of any fireworks
stock.
Subd. 4. No fireworks shall be stored, kept, sold or discharged within fifty feet of any gasoline
pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in
excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
Subd. 5. All fireworks permittees shall keep and maintain upon the premises a fire extinguisher
bearing an Underwriters Laboratories, Inc. rated capacity of at least 5 pound ABC per five hundred square
feet of space used for fireworks sales or storage.
Subd. 6. A sales clerk who is at least sixteen years of age shall be on duty to serve consumers
at the time of purchase or delivery. Every sales clerk shall distribute with each sale a one page information
sheet from the City containing firework safety guidelines. It shall be the responsibility and expense of the
permittee to obtain a copy of the information sheet from the City and make the appropriate number of copies
for distribution. All fireworks sold and shipped to consumers within the City shall be sold and shipped only
by an individual firm, partnership or corporation holding the proper permit.
Subd. 7. Any fireworks devices that are readily accessible to handling by consumers or
purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against
accidental ignition of an item by a spark, cigarette ash or other ignition source. If the fuse is a thread -
wrapped safety fuse which has been coated with a nonflammable coating, only the outside end of the safety
fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.
Section 6. Exportation of Fireworks from the City of Maplewood
Subd. 1 Nothing in the Maplewood Fireworks Ordinance shall prohibit wholesalers,
distributors, importers, speciality retailers, or manufacturers from storing, selling, shipping or otherwise
transporting fireworks by the United States Department of Transportation to any person or entity outside the
city.
Section 7. Display and Discharge of Fireworks
Subd. 1. Nothing in the Maplewood Fireworks Ordinance shall prohibit the public display of
fireworks except that any individual, association, partnership, corporation, or organization shall secure a
written permit from the office of the Fire Chief and the fireworks shall be purchased from a distributor or
display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at
the United States Department of the Treasury.
Subd. 2. All use, display, or discharge of legal fireworks is strictly prohibited in the area on,
below, above, within, or in close proximity to:
City Council Meeting 07 -08 -02 26
1. recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks,
rights of way, lakes, rivers, waterways and all other property owned or leased by the City of
Maplewood, County of Ramsey, State of Minnesota and located in whole or in part within
the City limits;
2. private property within the City limits that has conspicuously posted written signs or notices
that no fireworks discharge is allowed;
3. within one hundred fifty (150) feet of any consumer fireworks retail sales facility or storage
area•,
4. within, into or at a motor vehicle or from a motor vehicle;
5. at or near any persons or animals;
6. any property, area or structure or material that by its physical condition or the physical
conditions in which it is set would constitute a fire or personal safety hazard; and
7. upon order of the Fire Chief in the event of dry conditions within the City limits.
Section 8. Penalty: Criminal
Subd. 1. Any individual, firm, partnership or corporation that violates any provision of the
Maplewood Fireworks Ordinance is guilty of a misdemeanor and upon conviction shall be punished by a
sentence of not more than ninety (90) days or a fine not more than one thousand (1,000) dollars, or both, may
be imposed.
Section 9. Penalty: Civil
Subd. 1. If an individual, firm, corporation or partnership is found guilty of violating any of the
provisions of the Maplewood Fireworks Ordinance, that entity's permit shall be revoked or suspended by the
City Council.
Subd. 2. No individual, firm, corporation or partnership shall possess any fireworks for sale
within the City, other than those authorized in the Maplewood Fireworks Ordinance. The Fire Chief, Law
Enforcement Officer, Code Enforcement Officer, Deputies or designees may at reasonable hours enter and
inspect the permittee's premises, building or permanent structure to determine compliance with the
Maplewood Fireworks Ordinance. If any retailer has in its possession any fireworks in violation of this
Ordinance, his or her permit shall be revoked and all such fireworks seized, and the fireworks in violation of
the Ordinance shall be kept to be used as evidence. If any person has in his or her possession any fireworks
in violation of the Ordinance, a warrant may be issued for the seizure of fireworks and the fireworks shall be
safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if
the offender is discharged, the legal fireworks shall be returned to the person in whose possession they were
found; provided, however, that nothing in the Maplewood Fireworks Ordinance applies to the transportation
of fireworks by regulated carriers.
Subd. 3. Nothing in the Maplewood Fireworks Ordinance shall apply to or prohibit any
employees of the Department of Natural Resources or the United States Fish and Wildlife Services from
City Council Meeting 07 -08 -02 27
possessing fireworks for control of game birds and animals or to prohibit any Law Enforcement Officer from
possessing fireworks in the performance of his or her duties or to prohibit any organization therein from
sponsoring and conducting with connection with any public celebration, an officially supervised and
controlled fireworks display.
Section 10. S everability
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.
Section 12. Effective Date.
This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Collins Ayes -All
7. Sweden Trip Report
a. City Manager Fursman presented specifics of the report.
Councilmember Juenemann moved to approve the report from Mr. Fursman.
Seconded by Councilmember Collins Ayes -All
8. Maplewood Staff Census
a. City Manager Fursman presented specifics of the report. _
No action was requested.
9. Duc's Restaurant -705 Century Avenue North -3.2 Malt Liquor License
a. City Manager Fursman. presented the staff report.
b. City Clerk presented specifics from the report.
Councilmember Wasiluk moved to approve the 3.2 Malt Liquor License for Duc's Restaurant at
705 Century Avenue.
Seconded by Councilmember Koppen Ayes -Mayor Cardinal,
Councilmembers Koppen, Wasiluk
and Juenemann
Nays - Councilmember Collins
10. Vietnam Restaurant-3035 White Bear Avenue -3.2 Malt Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk presented specifics from the report.
City Council Meeting 07 -08 -02
W
Councilmember Wasiluk moved to approve the 3.2 Malt Liquor License Vietnam Restaurant -
3035 White Bear Avenue.
L.
M.
Seconded by Councilmember Koppen
VISITOR PRESENTATIONS
Ayes -Mayor Cardinal,
Councilmembers Koppen, Wasiluk
and Juenemann
Nays - Councilmember Collins
1. Dick Sepalla -2462 Forrest Street -Mr. Sepalla would like information on how much the
Mike McGuire settlement ended up costing the city. He was also concerned about a
Maplewood resident who sued the city and has recently applied for a vacancy on a
Maplewood Commission stating that he felt it would be inappropriate for Council to
appoint someone who has sued the city. Mr. Sepalla also wanted to know why a fire
truck has been called to a pond off of Edgerton several times throughout the year.
COUNCIL PRESENTATIONS
1. National Night Out - Councilmember Juenemann reminded citizens that National Night
Out, August 6, is going back into the neighborhoods and encouraged Neighborhoods to
participate in having block parties.
2.
3.
0
Police Chief - Councilmember Juenemann announced Police Chief Winger's retirement.
August 30, 2002 will be the chiefs last day.
Affordable Housing -Mayor Cardinal addressed the shortage of affordable housing
nationwide.
School District 622 -Mayor Cardinal noted two schools are closing in Maplewood and the
importance of those schools cannot be overemphasized. The lack of public response has
been staggering. Mayor Cardinal read the following statistics in to the record:
School District 622
Written Survey and Community Meeting Results:
115 Written Responses- 38,000 Surveys Mailed
75 Attended 2 High School Communiy Metings
108 Attended 16 Commuity Focus Groups
298
Participants -Focus Groups
26 Students K -12
1 Retiree
34 K -12 Parents
2 Senior Citizens
9 Non - Public Parents
2 Elected Officials
9 ECFE Parents
4 Business Persons
14 Staff Members
4 Volunteer Group Leaders
3 Hmong Parents
108
City Council Meeting 07 -08 -02 29
Major Concerns
Communications -Class Size - Busing Fees - Safety
Age An alysis Registered Voters November 2001
AGE
18 -24
25 -35
36 -50
51 -60
61 ++ TOTAL
REG.
3,379
7,243
15,310
7,196
9 42,692
VOTERS
7.91%
16.97%
35.86%
16.86%
22.40%
VOTED
334
1
4,863
2
3 12
2.66%
8.48%
38.76%
19.68%
30.43%
4. White Bear Avenue Parade /Ramsey County Fair- Mayor Cardinal noted that the coronation is
Friday night, July 12, 2002 at the Redeeming Love Church at 2425 White Bear Avenue and
encouraged residents to attend.
5. NEST - Councilmember Koppen would like to see the NEST video played prior to the council
broadcasts. Staff will work with GTN.
6. Attorney - Councilmember Koppen asked City Attorney Kelly what the timeline is for
Mayor /Council disclosure.
N. ADMINISTRATIVE PRESENTATIONS
1. A Special Meeting is scheduled for July 18, 2002 at 5:00 p.m. for Improvement Bond
Bids
2. A City Tour is scheduled for July 29, 2002 at 5:30 p.m.
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 11:47 p.m.
Seconded by Councilmember Juenemann Ayes - All
City Council Meeting 07 -08 -02 30
A
Agenda #
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: PLANNING COMMISSION APPOINTMENT
DATE: June 28, 2002
INTRODUCTION
The planning commission has a vacancy created by the resignation of Eric Ahlness. I have
attached a map of where the current planning commission members live, a map of where the
candidates live and the candidates' applications. (See the information on pages 2 -7.)
BACKGROUND
The planning commission's rules of procedure state that the commission shall recommend
candidates based on qualifications and a representative geographical distribution of members.
COMMISSION ACTION
On June 17, 2002, the planning commission interviewed four candidates for the vacancy. The
results (from most points to least) were as follows:
1. Tushar Desai
2. Reginald Meissner
3. Brad Lagoon
4. Richard Currie
After the planning commission meeting, Mr. Lagoon withdrew his application from consideration.
RECOMMENDATION
Interview the applicants for the planning commission vacancy and appoint a person to serve on
the planning commission. This person would fill the unfinished planning commission term that
would end on December 31, 2004.
kr /p:misc /pcappt.02
Attachments:
1. Planning Commission Membership Map
2. Planning Commission Applicants' Location Map
3. Four Applications
AGENDA NO. G -1
AGENDA REPORT
TO:
City Council
FROM:
Finance Director
RE:
APPROVAL OF CLAIMS
DATE:
July 12, 2002
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
T)AXTAT)T T
$1,500.00 Checks #58191 dated 7/3/02
$217,667.23 Checks #58192 thru #58252 dated 7/9/02
$173,127.23 Disbursements via debits to checking account
dated 7/1 thru 7/8/02
$ Checks #58253 thru #58256 dated 7/8 thru
7/16/02
$120,038.18 Checks #58257 thru #58299 dated 7/16/02
$3,054,982.30 Disbursements via debits to checking account
dated 7/8 thru 7/15/02
$3,,585,,782.67 Total Accounts Payable
T) A TTTn 1 T
$397,065.44 Payroll Checks and Direct Deposits dated
7/5/02
$24,085.01 Payroll Deduction checks #89620 thru #89627
dated 7/5/02
$421,150.45 Total Payroll
$4,006,933.12 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any
questions on the attached listing. This will allow me to check the supporting documentation
on file if necessary.
hu
attachments
PAFINANCE \Word\AGN\ApC1AR Ju112.doc
1
vchlist Check Register Page: 1
07/05/2002 3:18:54PM City of Maplewood
Check Date Vendor
58191 7/3/2002 01613 ROCKIN' HOLLYWOODS, THE
58192 7/9/2002 02520 ALEXANDER & ASSOCIATES
58193
7/9/2002
00111
58194
7/9/2002
00115
58195
7/9/2002
02521
58196
7/9/2002
00198
58197 7/9/2002 02502
58198
7/9/2002
00231
58199
7/9/2002
02519
58200
7/9/2002
00347
58201
7/9/2002
00384
58202
7/9/2002
00358
ANIMAL CONTROL SERVICES INC
ANZALDI, MANDY
BIFFS INC
BOARD OF WATER COMMISSIONERS
BOHMBACH, JOSHUA
BUCHE, JOETTE
CORNER KICK
CRYSTAL CAVES
DE LAGE LANDEN FINANCIAL SRVS
DGM INC.
58203
7/9/2002
00425
DUCHARME, JOHN P
58204
7/9/2002
00452
EGGEBRECHT CHEVROLET
58205
7/9/2002
02081
FINAL TOUCH SERVICES INC
58206
7/9/2002
01401
FIRST STUDENT BUS COMPANY
58207
7/9/2002
00561
GENERAL REPAIR SERVICE
58208
7/9/2002
00668
HIEBERT, STEVEN
58209
7/9/2002
02488
INNERLINK TECHNOLOGY INC
58210
7/9/2002
02522
I P MOBILE NET
58211
7/9/2002
00785
KAMCOM TECHNOLOGIES
58212
7/9/2002
00843
LANDSCAPE ALTERNATIVES
58213
7/9/2002
02393
LOCHEN, MIKE
58214
7/9/2002
00906
M P E L R A
58215
7/9/2002
00908
M R P A
58216
7/9/2002
00932
MAPLEWOOD BAKERY
58217
7/9/2002
00954
MCCOLLISTER & CO
58218
7/9/2002
02523
M E D COMPASS
58219
7/9/2002
00983
METRO SALES INC
58220
7/9/2002
00986
METROPOLITAN COUNCIL
58221
7/9/2002
01028
MN STATE TREASURER STAX
58222
7/9/2002
01202
NYSTROM PUBLISHING CO INC
58223
7/9/2002
00001
ONE TIME VENDOR
58224
7/9/2002
00001
ONE TIME VENDOR
58225
7/9/2002
00001
ONE TIME VENDOR
58226
7/9/2002
00001
ONE TIME VENDOR
58227
7/9/2002
00001
ONE TIME VENDOR
58228
7/9/2002
00001
ONE TIME VENDOR
58229
7/9/2002
01590
PANOS, MARSHA ANN
58230
7/9/2002
01311
PERA
58231
7/9/2002
01263
PIKE, GARY
58232
7/9/2002
01360
REINHART FOODSERVICE
58233
7/9/2002
01387
ROSSINI, DR. JAMES
58234
7/9/2002
01418
SAM'S CLUB DIRECT
Descriation /Account
ENTERTAINMENT FOR JULY 4TH
REF GRADING ESC - 748 LINDEN CIR
REF GRADING ESC - 798 NEW CENTUR
REF GRADING ESC - 790 NEW CENTUR
REF GRADING ESC -869 NEW CENTURY
PATROL & BOARDING FEES
PROGRAM SUPPLIES
PORTABLE TOILETS - ARDEN HILLS TR
MONTHLY WATER UTIL - BILL DATE 6/27
QUARTERLY WATER UTIL
REIMBURSE MILEAGE & VEH ALL 6/19 - F
REIMBURSE MILEAGE,VEH, PHONE 6/26
REIMBURSE MILEAGE & MEALS 6/13 TO
SPRING SOCCER RENTAL
CRYSTAL CAVE - MCC PROG ADM
COPIER PYMT
TOW SQUAD
TOW SQUAD
TOW DRILL CAR
WORK BOOTS
2002 CHEVROLET TAHOE
WASHING WINDOWS
BUS TO MN ZOO - MCC PROGRAM
VALVE CLAPPERS
REIMBURSE FOR MEALS 6/23 TO 6/25
INSTALL 12 STRAND MULTI -MODE FIBE
LOCATE FIBER OPTIC AND PHONE CAB
MDC CABLES
1.7 GB, 40 GB HD, 256 HB RAM, 32 MB
GLADSTONE RAINWATER GARDEN PLA
REIMBURSE FOR TRAINING COURSE
MPELRA SUMMER CONF REGISTRATI
STATE & REGIONAL BERTHS FOR SOFT
BIRTHDAY CAKES
OIL
SCBA MEDICAL EXAM
AFICIO 1013 DIGITAL COPIER
MONTHLY SAC - JUNE
MONTHLY SURTAX - JUN
MAPLEWOOD IN MOTION - JUL
REF RICHARD KISSNER JR -SEWER ESC
REF DEPT OF VET AFFAIRS - AMB
REF CAROLINE HERMAN - DAMAGED T
REF PAUL DELLWO - MEMBERSHIP
REF RACHEL GREV - SWIM LESSONS
REF MERRILL FORSBERG - AMB 02002
FITNESS CONSULTANT SRVS - 2ND QT
ER I D #6120-00,01,51 - 7/5/02 P/R
REIMBURSE FOR MEALS 6/19 TO 7/1
MISC CHARGES
PAPER PRODUCTS
PAPER SUPPLIES
FITNESS PROGRAM FEES - JUN
CAMP SUPPLIES
Amount
1,500.00
1,041.92
2,092.74
1,047.26
1,036.58
2,553.81
103.12
349.09
2,941.49
71.28
46.03
36.76
93.78
4,420.00
333.60
326.54
53.25
53.25
53.25
118.15
26,851.00
181.05
306.00
285.52
186.62
7,928.69
458.13
98.48
7,463.25
215.35
80.00
235.00
1,000.00
71.25
1,622.06
115.00
3,216.30
19,008.00
3,100.50
2,397.75
1,034.11
577.23
140.22
105.00
33.00
21.15
1,250.00
42, 504.56
41.70
21.12
162.12
496.92
100.00
113.25
t
vchlist Check Register Page: 2
07/05/2002 3:18:54PM City of Maplewood
1
f'.
}I
Check Date Vendor
58234 7/9/2002 01418
58235
7/9/2002
01403
58236
7/9/2002
02524
58237
7/9/2002
02229
58238
7/9/2002
01556
58239
7/9/2002
02515
58240
7/9/2002
01504
58241
7/9/2002
01537
58242
7/9/2002
01550
58243
7/9/2002
01574
58244
7/9/2002
02525
58245
7/9/2002
02164
58246
7/9/2002
01669
58247
7/9/2002
02069
58248
7/9/2002
01683
58249
7/9/2002
02124
58250
7/9/2002
01734
58251
7/9/2002
01746
58252
7/9/2002
01771
SAM'S CLUB DIRECT
SCHADT, JEFFREY
SHELTER CORP
SNELL MECHANICAL INC
SPEEDWAY SUPERAMERICA LLC
ST CROIX LESSON CENTER
ST PAUL, CITY OF
STREAMLINE DESIGN INC.
SUMMIT INSPECTIONS
T.A. SCHIFSKY & SONS, INC
TOLEFSON DEVELOPMENT
TOLTZ, KING, DUVALL, ANDERSON
TWIN CITIES TRANSPORT &
ULTIMATE DRAIN SERVICES INC
UNIFORMS UNLIMITED INC
VERA, TAWNIA
WALSH, WILLIAM P.
WATERS, JOSEPH
WHITE BEAR LAKE, CITY OF
(Continued)
TOP MOUNT REFRIGERATOR
PROGRAM SUPPLIES
MISC SUPPLIES
REIMBURSE MEALS & MILEAGE 6/13 TO
REF SHELTER CORP - GRADING ESCRO
MCC DEHUMIDIFICATION SYSTEM UPGF
REPAIR HW BOILER LEAK
FUEL
HORSE CAMP LESSONS 6/10 THRU 6/14
CRIME LAB SERVICES MAY
CRIME LAB SERVICES - APRIL
RADIO BILLINGS - MAY
BACKGROUND INVESTIGATION COURS
ADV HANDGUN SKILLS COURSE
SOFTBALL JERSEY UPGRADE
MECHANICAL INSPECTIONS
VARIOUS BITUMINOUS MATERIALS NO
REF TOLEFSON DEV - GRADING ESCRO
PROJ 01 -29 FEASIBILITY RPT & FINAL
TOW FORFEITURE VEH
TELEVISE SEWER SERVICE
UNIFORMS UNLIMITED
BULLETPROOF VEST
FACE PAINTING 6/18 AND 6/20
COMM PLUMBING INSP
REIMBURSE FOR MEAL 6/29
SR BASKETBALL LEAGUE OFFICIAL FEE
Amount
372.73
181.18
60.41
162.93
9,727.67
28, 682.00
430.31
499.57
1,020.00
305.00
355.00
331.47
700.00
595.00
262.50
3,044.80
4,108.63
24,105.07
911.97
114.90
80.00
931.14
699.50
195.00
147.51.
140.21
1,310.50
62 Checks in this report Total checks: 2191167.23
s
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date
Date
Payee
Description
Amount
06/28/02
07/01/02
MN State Treasurer
Drivers License /Deputy Registrar
12
07/01/02
07/02/02
MN State Treasurer
Drivers License /Deputy Registrar
19,120.61
07/02/02
07/03/02
MN State Treasurer
Drivers License /Deputy Registrar
19
07/02/02
07/03/02
Employees
DCRP & Flex plan payments
855.99
07/03102
07/05/02
MN State Treasurer
Drivers License /Deputy Registrar
15,393.93
07/05/02
07/08/02
MN State Treasurer
Drivers License /Deputy Registrar
20,400.61
07/05/02
07/08/02
U.S. Treasurer
Federal Payroll Tax
85
TOTAL
173,127.23
vchlist Check Register Page: 1
07/12/2002 8:25:23AM City of Maplewood
Check Date Vendor
58253 7/8/2002 01025
58254 7/8/2002 02526
58255 7/8/2002 00338
58256 7/11/2002 0193.1
58257 7/16/2002 01908
58258 7/16/2002 02214
58259 7/16/2002 00300
58260 7/16/2002 00346
58261 7/16/2002 02437
58262 7/16/2002 02528
58263 7/16/2002 00447
58264 7/16/2002 00463
58265 7/16/2002 00508
58266 7/16/2002 02531
58267 7/16/2002 01913
58268 7/16/2002 00719
58269 7/16/2002 00735
58270 7/16/2002 02529
58271 7/16/2002 00758
58272 7/16/2002 01894
REVENUE, MN DEPT OF
UNITED STATES TREASURY
CRABTREE COMPANIES INC.
RAMSEY COUNTY FAIR
ADMINISTRATION, DEPT OF
C & D COMMUNICATIONS INC
CLAREYS SAFETY EQUIPMENT
CROSSON, LINDA
DAHLEN AND DWYER INC
DIRECT RESPONSE COMMUNICATIONS
ECOPRINT GRAPHICS SERVICES
EMERGENCY APPARATUS MAINT.
FIRE INSTRUCTORS ASSN OF MINN
GUNNON, BILL
HDR ENGINEERING INC
INDEPENDENT SCHOOL DIST #622
INTOXIMETERS INC
J M WELTON CO
JIM HATCH SALES CO
KELLY & FAWCETT PA
58273
7/16/2002
00857
LEAGUE OF MINNESOTA CITIES
58274
7/16/2002
00932
MAPLEWOOD BAKERY
58275
7/16/2002
00945
MASYS CORP
58276
7/16/2002
02530
MCKINZIE METRO APPRAISAL
58277
7/16/2002
01819
MCLEOD USA
58278
7/16/2002
02330
METEOROLOGIX
58279
7/16/2002
00901
MG FOA
58280
7/16/2002
01051
MN OCCUPATIONAL HEALTH
58281
7/16/2002
02105
MN TRANSPORTATION ALLIANCE
58282
7/16/2002
02512
NORTHWESTERN DOOR CO INC
58283
7/16/2002
00001
ONE TIME VENDOR
58284
7/16/2002
00001
ONE TIME VENDOR
58285
7/16/2002
00396
PUBLIC SAFETY, DEPT OF
58286
7/16/2002
02527
RACO MANUFACTURING & ENGRG
58287
7/16/2002
01358
REDWOOD SIGN COMPANY
58288
7/16/2002
02239
REFLECTIONS PRINTING INC
58289
7/16/2002
01359
REGAL AUTO WASH DETAIL XX
58290
7/16/2002
01340
REGIONS HOSPITAL
58291
7/16/2002
01458
SIGNS BY NORTHLAND
58292
7/16/2002
01504
ST PAUL, CITY OF
58293
7/16/2002
01572
SYSTEMS SUPPLY, INC.
58294
7/16/2002
01574
T.A. SCHIFSKY & SONS, INC
58295
7/16/2002
01588
TAUBMAN, DOUGLAS J
58296
7/16/2002
02164
TOLTZ, KING, DUVALL, ANDERSON
58297
7/16/2002
01704
URBANSKI, HOLLY
58298
7/16/2002
01750
WATSON CO INC, THE
58299
7/16/2002
01190
XCEL ENERGY
Descriation /Account
P/R DEDUCTION REMITTANCE
P/R DED REMITTANCE - LEVY ON WAGE
LASER FICHE DOCUMENT MGMT SOFT
PURCH ADVANCE RAM CTY FAIR TICK
DATA PROCESSING -MAY
INSTALL TRIAD CORDLESS PHONE
6 SCOTT RIT -PAK INCLUDING CASE, 6 S
REIMBURSE MILEAGE 5/22 TO 6/18
APPRAISAL LARPENTEUR & ADOLPHU
SUPERVISOR COURSE
BUSINESS CARDS
REPAIR TANKER 4
FIRE FIGHTER MEMORIAL STATUE
NORTH HIGH CONCERT - MAY 9
MCC POOL PROF SRVS DEC TO JAN 2
MID SUMMER NIGHTS POST CARDS
PORTABLE BREATH TESTERS - ALCO S
REINSTALL SPRINKLER SYSTEM
SAFETY VEST /SHOVELS
PROSECUTION THRU 6/30/02
LEGAL SERVICES - JUNE
SUBSCRIPTION RENEWAL
BIRTHDAY CAKES
BIRTHDAY CAKES
HARDWARE /SOFTWARE MAINT -AUG
APPRAISAL REPORT
DSL SERVICE - STAT 3
DSL SERVICES - PUBLIC WORKS
DSL SERVICE - NC
TRAINING CD STORM SENTRY
MN GFOA MEETING - JULY
PRE - PLACEMENT EXAM
ANNUAL MEMBER DUES
INSTALL DOOR/HINGES /BRUSH SWEEP
REF JACQUELINE DUTCHER - AMB
REF JANICE BUTLER - GOLF
HARDWARE /SOFTWARE MAINT - 2ND Q
HARDWARE /SOFTWARE MAI NT - 2ND Q
CHATTERBOX 4 INPUTS /HEATER
CITY ENTRANCE SIGN
MCC SUMMER NEWSLETTER
CAR WASHES
PARAMEDIC SUPPLIES
NAMEPLATE
RADIO REPAIR
INK CARTRIDGES
VARIOUS BITUMINOUS MATERIALS NO
VARIOUS BITUMINOUS MATERIALS NO
RIVER ROCK
REIMBURSE FOR PAPA JOHNS
PROJ 01 -04 BUSH AVE
REPLENISH PETTY CASH
MERCH FOR RESALE
MONTHLY UTIL - STMT DATE 7/3/02
Amount
483.00
404.19
17,435.54
145.00
392.00
467.94
7,410.00
40.15
1,350.00
179.00
90.52
707.91
495.00
202.50
3,157.90
437.70
2,577.30
84.95
255.71
32,700.00
14,960.19
120.00
57.00
42.75
738.68
2,500.00
101.47
4.33
170.21
99.00
15.00
145.00
585.00
570.00
100.00
65.00
1,350.00
1,920.00
1,390.00
798.75
1,812.63
110.30
406.02
28.23
78.59
460.68
548.21
626.88
521.33
25.00
48.80
101.49
158.60
38,830.46
vchlist Check Register Page: 2
07/12/2002 8:25:23AM City of Maplewood
Check Date Vendor
n,ma^rim*io%nIA^& -r%o ir%f
Arr.nm mr%4-
47 Checks in this report Total checks : 138,505.91
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Pee
07/05/02
06/28/02
07/08/02
07/08/02
07/08/02
07/05/02
07/05/02
07/05/02
07/09/02
07/10/02
07/11/02
07/11/02
07/12/02
07/10/02
07/08/02
07/08/02
07/08/02
07/08/02
07/09/02
07/09/02
07/09/02
07/09/02
07/10/02
07/11/02
07/12/02
07/12/02
07/15/02
07/15/02
MN Dept of Natural Resources
Elan Financial Services
Wells Fargo
JP Morgan Chase
MN State Treasurer
MN State Treasurer
Federal Reserve Bank
ICMA (Vantagepointe)
MN State Treasurer
MN State Treasurer
MN State Treasurer
Employees
MN State Treasurer.
MN Dept of Revenue
TOTAL
Description
DNR electronic licenses
Purchasing card items
Investment purchase
Investment purchase
Drivers License /Deputy Registrar
State Payroll Tax
Savings Bonds
Deferred Compensation
Drivers License /Deputy Registrar
Drivers License /Deputy Registrar
Drivers License /Deputy Registrar
DCRP & Flex plan payments
Drivers License /Deputy Registrar
MN Care Tax
Amount
793.00
41,722.74
1, 886, 978.47
1
15,118.23
15,661.35
300.00
7,107.18
20, 660.25
19,552.50
17,487.50
507.56
13,516.52
2,697.00
3, Ub4, 982 M
N
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
�09�1
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
07/05/02
COLLINS, KENNETH
357.47
dd
07/05/02
JUENEMANN, KATHLEEN
357.47
dd
07/05/02
KOPPEN, MARVIN
357.47
dd
07/05/02
DARST, ROBERTA
1,265.66
dd
07/05/02
FURSMAN, RICHARD
4
dd
07/05/02
SCHLINGMAN, PAUL
1,951:14
dd
07/05/02
SEEGER, GERALD
480.10
dd
07/05/02
SWANSON, LYLE
1,627.38
dd
07/05/02
YOUNG, DILLON
672.23
dd
07/05/02
CARLSON, THERESE
2,017.99
dd
07/05/02
EDSON, KAREN
278.13
dd
07/05/02
LE, SHERYL
3,612.99
dd
07/05/02
FAUST, DANIEL
3
dd
07/05/02
URBANSKI, HOLLY
1
dd
07/05/02
ANDERSON, CAROLE
909.12
dd
07/05/02
BAUMAN, GAYLE
2,678.00
dd
07/05/02
JACKSON, MARY
1,664.74
dd
07/05/02
KELSEY, CONNIE
885.91
dd
07/05/02
TETZLAFF, JUDY
1,602.34
dd
07/05/02
FRY, PATRICIA
1,545.54
dd
07/05/02
GUILFOILE, KAREN
2,502.24
dd
07/05/02
OSTER, ANDREA
1,611.95
dd
07/05/02
CAROE, JEANETTE
L571.85
dd
07/05/02
JAGOE, CAROL
1,578.64
dd
07/05/02
JOHNSON, BONNIE
948.54
dd
07/05/02
OLSON, SANDRA
1,103.73
dd
07/05/02
WEAVER, KRISTINE
1
dd
07/05/02
CORCORAN, THERESA
1,291.94
dd
07/05/02
MARTINSON, CAROL
1,653.36
dd
07/05/02
POWELL, PHILIP
1,860.59
dd
07/05/02
SPANGLER, EDNA
308.00
dd
07/05/02
THOMALLA, DAVID
3.,122.96
dd
07/05/02
WINGER, DONALD
3,747.55
dd
07/05/02
ABEL, CLINT
1,563.44
dd
07/05/02
ALDRIDGE, MARK
2
dd
07/05/02
ANDREWS, SCOTT
2,559.54
dd
07/05/02
BAKKE, LONN
2
dd
07/05/02
BANICK, JOHN
2,846.10
dd
07/05/02
BELDE, STANLEY
2
dd
07/05/02
BIERDEMAN, BRIAN
1,429.05
dd
07/05/02
BOHL, JOHN
2,354.02
dd
07/05/02
BUSACK, DANIEL
1,825.48
dd
07/05/02
HALWEG, KEVIN
2
dd
07/05/02
HEINZ, STEPHEN
2,617.50
�09�1
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
�7
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
07/05/02
HIEBERT, STEVEN
3,576.08
dd
07/05/02
JOHNSON, KEVIN
2,722.62
dd
07/05/02
KARIS, FLINT
2,684.81
dd
07/05/02
KONG, TOMMY
1
dd
07/05/02
KROLL, BRETT
1
dd
07/05/02
KVAM, DAVID
2
dd
07/05/02
LARSON, DANIEL
1,875.66
dd
07/05/02
LU, JOHNNIE
2,221.87
dd
07/05/02
MARINO, JASON
1,509.25
dd
07/05/02
MARTIN, JERROLD
1
dd
07/05/02
METRY, ALESIA
1,446.48
dd
07/05/02
OLSON, JULIE
2,023.70
dd
07/05/02
PALMA, STEVEN
2
dd
07/05/02
PIKE, GARY
2,198.00
dd
07/05/02
RABBETT, KEVIN
2,598.90
dd
07/05/02
STEFFEN, SCOTT
2,816.24
dd
07/05/02
STOCKTON, DERRELL
2,202.09
dd
07/05/02
SZCZEPANSKI, THOMAS
2,242.61
dd
07/05/02
TRAN, JOSEPH
1,446.56
dd
07/05/02
WATCZAK, LAURA
2,221.91
dd
07/05/02
WENZEL, JAY
1,833.84
dd
07/05/02
XIONG, KAO
1,533.35
dd
07/05/02
BARTZ, PAUL
2,182.27
dd
07/05/02
BERGERON, JOSEPH
2,635.61
dd
07/05/02
CROTTY, KERRY
2,306.04
dd
07/05/02
DUGAS, MICHAEL
1,721.21
dd
07/05/02
DUNN, ALICE
2,221.91
dd
07/05/02
ERICKSON, VIRGINIA
2
dd
07/05/02
EVERSON, PAUL
1
dd
07/05/02
FLOR, TIMOTHY
2453.22
dd
07/05/02
FRASER, JOHN
2,363.77
dd
07/05/02
HALWEG, JODI
1,454.76
dd
07/05/02
MORNING, TIMOTHY
1
dd
07/05/02
PARSONS, KURT
1,639.30
dd
07/05/02
ROSSMAN, DAVID
2,272.59
dd
07/05/02
THIENES, PAUL
2
dd
07/05/02
GERVAIS -JR, CLARENCE
2,289.90
dd
07/05/02
BOYER, SCOTT
1
dd
07/05/02
FEHR, JOSEPH
2,347.98
dd
07/05/02
FLAUGHER, JAYME
1,674.35
dd
07/05/02
LAFFERTY, WALTER
1,735.58
dd
07/05/02
LINN, BRYAN
1,648.49
dd
07/05/02
PACOLT, MARSHA
1
dd
07/05/02
RABINE, JANET
1,674.35
dd
07/05/02
SCHREIER, JENNIFER
340.35
dd
07/05/02
STAHNKE, JULIE
1,674.34
�7
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
ff(
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
07/05/02
LUKIN, STEVEN
2,894.71
dd
07/05/02
SVENDSEN, RUSTIN
2,311.32
dd
07/05/02
ZWIEG, SUSAN
1,656.12
dd
07/05/02
DOLLERSCHELL, ROBERT
260.67
dd
07/05/02
AHL, R. CHARLES
3,830.26
dd
07/05/02
NIVEN, AMY
1,054.47
dd
07/05/02
PRIEFER, WILLIAM
2,152.74
dd
07/05/02
WEGWERTH, JUDITH
1,611.94
dd
07/05/02
BRINK, TROY
1
dd
07/05/02
DEBILZAN, THOMAS
2,158.86
dd
07/05/02
EDGE, DOUGLAS
1,776.07
dd
07/05/02
KANE, MICHAEL
2
dd
07/05/02
LUNDSTEN, LANCE
2,706.02
dd
07/05/02
LUTZ, DAVID
2
dd
07/05/02
MEYER, GERALD
1,730.34
dd
07/05/02
NAGEL, BRYAN
1,674.34
dd
07/05/02
OSWALD, ERICK
2
dd
07/05/02
TEVLIN, TODD
1
dd
07/05/02
BOHMBACH, JOSHUA
994.50
dd
07/05/02
CAVETT, CHRISTOPHER
2,828.79
dd
07/05/02
DUCHARME, JOHN
2,003.14
dd
07/05/02
LINDBLOM, RANDAL
2,517.02
dd
07/05/02
PECK, DENNIS
2,143.94
dd
07/05/02
PRIEBE, WILLIAM
2,334.18
dd
07/05/02
SCHACHT, ERIN
2
dd
07/05/02
ANDERSON, BRUCE
3
dd
07/05/02
DOHERTY, KATHLEEN
1,611.94
dd
07/05/02
BORGLUM, DUSTIN
902.00
dd
07/05/02
FINNEGAN, TIMOTHY
880.00
dd
07/05/02
LUND, ERIC
576.00
dd
07/05/02
MARUSKA, MARK
2,341.54
dd
07/05/02
NAUGHTON, JOHN
1
dd
07/05/02
SCHINDELDECKER, JAMES
1,670.34
dd
07/05/02
BIESANZ, OAKLEY
1,216.91
dd
07/05/02
GREW- HAYMAN, JANET
1,229.65
dd
07/05/02
HUTCHINSON, ANN
1
dd
07/05/02
KOS, HEATHER
481.00
dd
07/05/02
NELSON, JEAN
922.62
dd
07/05/02
GAYNOR, VIRGINIA
1
dd
07/05/02
COLEMAN, MELINDA
3,750.34
dd
07/05/02
EKSTRAND, THOMAS
2
dd
07/05/02
KROLL, LISA
958.48
dd
07/05/02
LIVINGSTON, JOYCE
894.20
dd
07/05/02
SINDT, ANDREA
1,331.94
dd
07/05/02
THOMPSON, DEBRA
584.94
dd
07/05/02
YOUNG, TAMELA
1375.94
ff(
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
11
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
07/05/02
BERGO, CHAD
1,805.38
dd
07/05/02
FINWALL, SHANN
1,954.18
dd
07/05/02
ROBERTS, KENNETH
2,430.50
dd
07/05/02
CARVER, NICHOLAS
2,274.35
dd
07/05/02
FISHER, DAVID
2,608.78
dd
07/05/02
SWAN, DAVID
871.75
dd
07/05/02
ANZALDI, MANDY
451.50
dd
07/05/02
BJORK, BRANDON
554.06
dd
07/05/02
DIPPONG, ANN
541.50
dd
07/05/02
FINN, GREGORY
1,693.74
dd
07/05/02
GRAF, MICHAEL
1,529.14
dd
07/05/02
KELLY, LISA
1,190.20
dd
07/05/02
LARSON, MEGAN
700.00
dd
07/05/02
NIEMCZYK, BRIAN
100.00
dd
07/05/02
ROBBINS, AUDRA
1,572.74
dd
07/05/02
TAUBMAN, DOUGLAS
2,439.86
dd
07/05/02
BREHEIM, ROGER
1,724.18
dd
07/05/02
NORDQUIST, RICHARD
1,683.14
dd
07/05/02
SCHULTZ, SCOTT
1,857.42
dd
07/05/02
CROSSON, LINDA
2,046.34
dd
07/05/02
EASTMAN, THOMAS
2,277.54
dd
07/05/02
ERICKSON, KYLE
733.68
dd
07/05/02
HABLE, NATASHA
51.80
dd
07/05/02
HERSOM, HEIDI
1,647.14
dd
07/05/02
LARSON, DEBRA
127.77
dd
07/05/02
MCCLUNG, HEATHER
402.05
dd
07/05/02
ROA, MILTON
445.40
dd
07/05/02
STAPLES, PAULINE
2,565.11
dd
07/05/02
ABRAHAMSON, REBECCA
595.66
dd
07/05/02
AHL, KAREN
120.25
dd
07/05/02
ATKINS, KATHERINE
270.38
dd
07/05/02
BADEN, ALISON
396.34
dd
07/05/02
CORNER, AMY
208.00
dd
07/05/02
DOTY, JANET
438.85
dd
07/05/02
HORWATH, RONALD
1,499.14
dd
07/05/02
KERSCHNER, JOLENE
503.14
dd
07/05/02
KOEHNEN, AMY
113.70
dd
07/05/02
KRONHOLM, KATHRYN
554.62
dd
07/05/02
LAWSON, JOSHUA
30.88
dd
07/05/02
POWERS, JESSICA
745.40
dd
07/05/02
SCHAEFER, ROB
347.31
dd
07/05/02
SIMONSON, JUSTIN
680.67
dd
07/05/02
WHITE, NICOLE
279.14
dd
07/05/02
WILHELM, MELISSA
312.00
dd
07/05/02
WORWA, LINDSAY
604.80
dd
07/05/02
GROPPOLI, LINDA
369.68
11
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
12
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
07/05/02
RENSLOW, RITA
351.50
dd
07/05/02
CRAWFORD - JR, RAYMOND
57.15
dd
07/05/02
LONETTI, JAMES
825.23
dd
07/05/02
PRINS, KELLY
801.07
dd
07/05/02
REILLY, MICHAEL
1,314.34
dd
07/05/02
SARPONG, SEAN
446.75
dd
07/05/02
STEINHORST, JEFFREY
157.33
dd
07/05/02
AICHELE, CRAIG
1,659.14
dd
07/05/02
FOWLDS, MYCHAL
1,582.08
dd
07/05/02
HURLEY, STEPHEN
2,509.08
Wf
89464
07/05/02
CARDINAL, ROBERT
406.20
Wf
89465
07/05/02
WASILUK, JULIE
357.47
Wf
89466
07/05/02
INGVOLDSTAD, CURTIS
150.00
Wf
89467
07/05/02
JAHN, DAVID
1,467.59
Wf
89468
07/05/02
MORIN, TROY
238.00
Wf
89469
07/05/02
GENNOW, PAMELA
310.00
Wf
89470
07/05/02
MATHEYS, ALANA
1,741.94
Wf
89471
07/05/02
HANSEN, LORI
1,464.75
Wf
89472
07/05/02
VIETOR, LORRAINE
1,608.34
Wf
89473
07/05/02
PALANK, MARY
1,531.10
Wf
89474
07/05/02
RICHIE, CAROLE
1,490.34
Wf
89475
07/05/02
SVENDSEN, JOANNE
1,790.69
Wf
89476
07/05/02
TICHY, PAMELA
99.00
Wf
89477
07/05/02
STEINER, JOSEPH
675.00
Wf
89478
07/05/02
WELCHLIN, CABOT
2,242.61
Wf
89479
07/05/02
KATZMAN, BARBARA
131.25
Wf
89480
07/05/02
SHORTREED, MICHAEL
2,724.16
Wf
89481
07/05/02
SCHAULS, ADAM
300.77
Wf
89482
07/05/02
CURE, LARRY
418.59
Wf
89483
07/05/02
FREBERG, RONALD
1,699.14
Wf
89484
07/05/02
JONES, DONALD
1,607.14
Wf
89485
07/05/02
ELIAS, JAMES
2,419.88
Wf
89486
07/05/02
GROVER, CAROLYN
804.00
Wf
89487
07/05/02
JAROSCH, JONATHAN
846.56
Wf
89488
07/05/02
CARVER, JUSTIN
280.00
Wf
89489
07/05/02
EDSON, DAVID
1,699.14
Wf
89490
07/05/02
GOODRICH, CHAD
398.75
Wf
89491
07/05/02
HELEY, ROLAND
1,699.14
Wf
89492
07/05/02
HINNENKAMP, GARY
1,678.98
Wf
89493
07/05/02
LINDORFF, DENNIS
1,678.34
Wf
89494
07/05/02
NAUGHTON, RYAN
425.00
Wf
89495
07/05/02
NOVAK, MICHAEL
1,503.46
Wf
89496
07/05/02
POSSERT, RYAN
1,032.00
Wf
89497
07/05/02
BERGREN, KIRSTEN
16.50
Wf
89498
07/05/02
GERNES, CAROLE
506.26
Wf
89499
07/05/02
SOUTTER, CHRISTINE
389.01
12
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
13
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
Wf
89500
07/05/02
WORDEN, KRISTEN
271.63
wf
89501
07/05/02
BUNCE, LARRY
1,788.74
wf
89502
07/05/02
WENGER, ROBERT
2,187.14
Wf
89503
07/05/02
BALLESTRAZZE, THAD
373.50
Wf
89504
07/05/02
BUSMAN, CHRISTINA
253.00
Wf
89505
07/05/02
DEGREE, AMANDA
539.00
Wf
89506
07/05/02
DEVRIES, LINDSAY
180.00
Wf
89507
07/05/02
EGGIMANN, LINDSAY
490.00
Wf
89508
07/05/02
FRANK, LAURA
720.00
Wf
89509
07/05/02
FREYBERGER, RACHEL
270.00
Wf
89510
07/05/02
GEBHARD, JILLIAN
660.63
Wf
89511
07/05/02
GLASS, DANIEL
216.00
Wf
89512
07/05/02
GYSBERS, HEATHER
828.00
Wf
89513
07/05/02
HJERMSTAD, MEGAN
394.50
Wf
89514
07/05/02
KYRK, CHELSEY
30.00
Wf
89515
07/05/02
LUTHER, MICHAEL
51.00
Wf
89516
07/05/02
OHLHAUSER, MEGHAN
559.38
Wf
89517
07/05/02
PALANK, MANDY
75.00
Wf
89518
07/05/02
SHADE II, JOHN
96.00
Wf
89519
07/05/02
SIMON, JAMES
42.00
Wf
89520
07/05/02
SPIELMAN, CHRISTA
520.00
Wf
89521
07/05/02
UNGAR, KRISTOPHER
105.00
Wf
89522
07/05/02
WERNER, KATIE
200.00
Wf
89523
07/05/02
WILZBACHER, BRAD
99.00
Wf
89524
07/05/02
ZIELINSKI, JOSEPH
10.50
Wf
89525
07/05/02
GERMAIN, DAVID
1,683.14
Wf
89526
07/05/02
HAAG, MARK
1
Wf
89527
07/05/02
NADEAU, EDWARD
2,341.54
Wf
89528
07/05/02
GLASS, JEAN
1
Wf
89529
07/05/02
HOIUM, SHEILA
963.52
wf
89530
07/05/02
MOY, PAMELA
367.87
Wf
89531
07/05/02
PARTLOW, JOSHUA
170.20
Wf
89532
07/05/02
RIDLEHOOVER, KATE
403.00
Wf
89533
07/05/02
SANTIAGO -SOLA, JESSICA
181.05
Wf
89534
07/05/02
SCHMIDT, RUSSELL
1,503.14
Wf
89535
07/05/02
SHOBERG, CARY
687.44
Wf
89536
07/05/02
STANSELL, DARYL
47.60
Wf
89537
07/05/02
TOLBERT, FRANCINE
227.20
wf
89538
07/05/02
UNGER, MARGARET
621.63
Wf
89539
07/05/02
VELASQUEZ, ANGELA
312.06
Wf
89540
07/05/02
ANDERSON, CALEB
29.25
Wf
89541
07/05/02
ANDERSON, JONI
45.85
Wf
89542
07/05/02
BACHMAN, NICOLE
129.60
Wf
89543
07/05/02
BRENEMAN, NEIL
205.07
Wf
89544
07/05/02
CARLSON, JULIE
20.00
Wf
89545
07/05/02
CHAPMAN, JENNY
297.89
13
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
14
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
Wf
89546
07/05/02
COSTA, JOSEPH
235.20
Wf
89547
07/05/02
CRONIN, CHAD
315.15
Wf
89548
07/05/02
DIERICH, ANDREA
71.51
Wf
89549
07/05/02
DUNK, RYAN
421.63
wf
89550
07/05/02
ESTES, KERI
130.43
Wf
89551
07/05/02
FALKENSTEIN, MONICA
497.31
Wf
89552
07/05/02
FINNEGAN, KAREN
90.00
Wf
89553
07/05/02
FRETZ, SARAH
468.35
Wf
89554
07/05/02
FUITH, RYAN
190.00
Wf
89555
07/05/02
GRUENHAGEN, LINDA
69.39
Wf
89556
07/05/02
GUZIK, JENNIFER
146.25
Wf
89557
07/05/02
HAGSTROM, LINDSEY
210.00
Wf
89558
07/05/02
HEINN, REBECCA
579.38
Wf
89559
07/05/02
HOLMGREN, LEAH
75 -3.47
Wf
89560
07/05/02
HOULE, DENISE
224.20
Wf
89561
07/05/02
HUPPERT, ERIN
370.15
Wf
89562
07/05/02
JOHNSON, ROBERT
636.50
Wf
89563
07/05/02
JOHNSON, STETSON
571.45
Wf
89564
07/05/02
JOYER, MARTI
19.50
Wf
89565
07/05/02
KILGORE, MARGO
36.00
Wf
89566
07/05/02
KOEHNEN, MARY
625.74
Wf
89567
07/05/02
MCMAHON, MELISSA
346.73
Wf
89568
07/05/02
MELCHER, ROBERT
130.00
Wf
89569
07/05/02
MILLS, ANNE
240.25
Wf
89570
07/05/02
MISEMER, BENJAMIN
47.13
Wf
89571
07/05/02
MOSSONG, ANDREA
319.14
Wf
89572
07/05/02
O'REAGAN, CHRISTINE
70.00
Wf
89573
07/05/02
OLSON, ABIGAIL
327.09
Wf
89574
07/05/02
OLSON, MARGRET
292.51
Wf
89575
07/05/02
PEHOSKI, JOEL
455.40
Wf
89576
07/05/02
PROESCH, ANDY
164.35
Wf
89577
07/05/02
QUISTAD, ELISABETH
155.25
Wf
89578
07/05/02
RENSTROM, KEVIN
224.23
Wf
89579
07/05/02
RODEN, JASON
35.00
Wf
89580
07/05/02
SMITLEY, SHARON
256.50
Wf
89581
07/05/02
TUPY, MARCUS
211.03
Wf
89582
07/05/02
WAGNER, ERIC
170.00
Wf
89583
07/05/02
WARNER, CAROLYN
83.30
Wf
89584
07/05/02
WEDES, CARYL
141.38
Wf
89585
07/05/02
WELTER, ELIZABETH
152.45
Wf
89586
07/05/02
WHITE, TIMOTHY
371.18
Wf
89587
07/05/02
WOODMAN, ALICE
33.20
Wf
89588
07/05/02
ZIELINSKI, JENNIFER
494.33
Wf
89589
07/05/02
BOSLEY, CAROL
80.50
Wf
89590
07/05/02
BREITBACH, GARY
588.00
Wf
89591
07/05/02
ERVIN, EMILY
69.00
14
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
15
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
89592
07/05/02
ESALA, HOPE
12.00
Wf
89593
07/05/02
EVEGAN, LAVITTA
133.50
Wf
89594
07/05/02
GLASS, GILLIAN
288.75
Wf
89595
07/05/02
HANSEN, ANNA
147.60
Wf
89596
07/05/02
HUPPERT, ERICA
20.25
Wf
89597
07/05/02
SCHROEDER, KATHLEEN
279.00
Wf
89598
07/05/02
SHERRILL, CAITLIN
264.45
Wf
89599
07/05/02
VAN HALE, PAULA
12.00
Wf
89600
07/05/02
BEHAN, JAMES
1
Wf
89601
07/05/02
COLLINS, ASHLEY
196.85
Wf
89602
07/05/02
DIXON, NICOLE
167.03
Wf
89603
07/05/02
DOUGLASS, TOM
837.71
Wf
89604
07/05/02
ECKER, JOHN
127.00
Wf
89605
07/05/02
HEGG, MICHELLE
140.83
Wf
89606
07/05/02
HERRON, MICHELLE
39.30
wf
89607
07/05/02
KOSKI, JOHN
1,097.54
Wf
89608
07/05/02
KYRK, ASHLEY
170.38
Wf
89609
07/05/02
PATTERSON, ALBERT
878.03
Wf
89610
07/05/02
PETERSON, LYNDSAY
39.33
Wf
89611
07/05/02
RISTOW, JONATHAN
111.20
Wf
89612
07/05/02
SCHMIDT, WILLIAM
264.85
Wf
89613
07/05/02
SCHULZE, BRIAN
238.05
Wf
89614
07/05/02
SEVERSON, HOLLY
152.73
Wf
89615
07/05/02
SEVERSON,* JACOB
86.45
Wf
89616
07/05/02
YOUNG, MATTHEW
109.73
Wf
89617
07/05/02
ZIEMER, NICOLE
153.93
Wf
89618
07/05/02
MULVANEY, DENNIS
1,913.20
Wf
89619
07/05/02
PRIEM, STEVEN
1
397,065.44
15
AGENDA NO. (�
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: Transfer to Close Fund for Hazelwood Street Project
DATE: July 12, 2002
PROPOSAL
It is proposed that the Council approve the following items for the Hazelwood
Street, Gervais to County Road C Project: (1) a $750 increase in the project
budget, (2) a transfer of $8,586.62 from the Street Construction State Aid Fund to
close the fund for the project and (3) budget changes for the transfer.
BACKGROUND
On 2 -25 -02 the Council approved the final change orders and accepted the
project. In June the final state aid payment on the project was received. A $750
increase in the project budget is needed due to higher than anticipated interest
expense on internal financing. The fund for the project needs to be closed at this
time.
RECOMMENDATION
It is recommended that the Council approve the following items for the
Hazelwood Street, Gervais to County Road C Project: (1) a $750 increase in the
project budget, (2) a transfer of $8,586.62 from the Street Construction State Aid
Fund to close the fund for the project and (3) budget changes for the transfer.
P\AGNURANSFERCLOSE99 07.doc
AGENDA NO. �?)
AGENDA REPORT
TO: Richard Fursman
City Manager
FROM: Sherrie' Le
Human Resource Director
RE: Firefighter Pay and Benefits
DATE: July 10, 2002
We are ready to begin the hiring process for the six full -time firefighters approved in the
2002 budget. I have evaluated the positions based on the regional labor market and
am recommending a salary range of $40,000 to $52,218 per year. The Department is
planning to elevate one of the new employees to the position of Fire Captain with a
salary differential of $2000 per year. This will be an assigned position at the discretion
of the Fire Chief.
These positions will be established as non -union positions. Therefore I am requesting
City Council approval of the pay as described along with the following benefits:
Deferred Compensation —City contribution of $90 per month.
Health Insurance —City will pay 100% of the cost of single coverage of the least costly
insurance plan (Currently Medica Choice). Employees may select the more costly plan
by paying the difference between the two plans. City will also pay 50% plus $35 toward
the cost of dependent coverage for the least costly plan.
Dental Insurance —City will pay 100% of the cost of single coverage. Employee may
purchase dependent coverage.
Life Insurance —The City will provide a $30,000 term life insurance policy. Optional
coverage for employee, spouse and dependents is available.
PERA Police and Fire Pension Plan —State plan.
Holidays - Twelve paid holidays per year (10 designated plus two personal holidays).
Employees will receive eight hours holiday pay if not scheduled to work and overtime
plus eight hours of holiday pay if required to work.
Annual Leave — Employees will accrue 19 days paid annual leave per year; can carry
over any amount up to a balance of 62 days.
Long -term Disability Insurance — City paid coverage provides 60% of ross salary
after 90 calendar days.
g
Short -term Disability Insurance — Optional employee -paid coverage available.
Benefits are 60% of pre -tax salary after 30 days.
Healthcare and Childcare Reimbursement Plans — This allows employees to set
aside money in a tax -free account to pay for out -of- pocket health and dental expenses.
Retiree Health Savings Plan — This plan provides employees the ability to set aside
money in a tax -free account to use for retiree health and dental, Medicare supplement
and Medicare Part B, and Long -term Care premiums.
MCC Membership — Free employee membership.
Tuition Reimbursement — Reimbursement for approved job - related college classes.
50% for C grade, 75% for B grade or better.
EAP — Free employee assistance program that provides confidential counselin g and
referral services.
Overtime —After 50 hours per week based on 28 -day schedule (ELBA 7k exemption)
RECOMMENDATION
It is recommended that the City Council adopt the Salary range of $40,000 - $52,218 for
Fulltime Firefighter and a differential of $2000 for the Fire Captain assignment. It is
also recommended that the City Council adopt the benefits as described above.
AGENDA NO.�
AGENDA REPORT
TO: Richard Fursman
City Manager
)A—
FROM: Sherrie L
Human Resource Director
RE: Employment Background Check Ordinance - Amending Chapter 2 0
g p f
the City Code
DATE: July 10, 2002
The City has recently been notified by the Bureau of Criminal Apprehension (BCA) that
an ordinance is needed to allow the Police Department to conduct background checks
on non - public safety applicants. The attached ordinance was prepared amending
Chapter 2 of the City Code to provide this authorization. It is written to include all
employment - related background checks.
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending
mending
Chapter 2 of the City Code.
AN ORDINANCE FOR THE CITY OF MAPLEWOOD, MINNESOTA,
AMENDING CHAPTER 2 OF THE CITY CODE, ADMINISTRATION.
The City Council of the City of Maplewood, Ramsey County, Minnesota, does hereby ordain:
Chapter 2 of the City of Maplewood City Code shall be amended by revising Chapter 2 to add Section 2 -10
to read as follows:
Section 2 -10 Cri minal History /Background Investigations
The City Manager is authorized by State Statute and the City Council to appoint applicants to both
volunteer and paid City positions with the City. The City Manager will consider the qualifications of the
individuals so appointed to determine their fitness for the position.
Criminal history checks and background investigations will be conducted on all persons prior to
appointment to certain classes of positions. The classes of positions so required include positions
involving: public safety, building or computer system security, work with or access to children or
vulnerable adults, fiduciary responsibility, access to sewer and water systems, cash handling, and
confidential positions.
Applicants for employment to these categories of positions shall be required to provide the necessary
personal and public data to the City to accurately retrieve criminal history and background data. This
information and the results of the background investigation shall be kept confidential to the extent required
by the Minnesota Data Practices Act. Only those with the need to know shall be allowed access to private
and/or confidential data.
Before an investigation is undertaken, the applicant must authorize the City, in writing, to undertake the
investigation and to release the information to authorized agents of the City. Except in the case of
exceptions set forth in Minnesota Statutes Section 364.09, no person shall be disqualified from public
employment solely, or in part because of a prior conviction, unless the crime or crimes for which convicted
directly relate to the position of employment sought. In determining if a conviction relates to the position
for which employment is sought, the City will consider the following:
a. The nature and seriousness of the crime or crimes for which the individual was convicted;
b. The relationship of the crime or crimes to the purpose of regulating the position sought;
c. The relationship of the crime or crimes to the ability, capacity, and fitness required to perform
the duties and discharge the responsibilities of the position of employment or occupation;
d. Competent evidence of sufficient rehabilitation and present fitness to perform the duties of the
position sought as provided by the applicant;
e. Competent evidence of mitigating circumstances and social conditions surrounding the crime
or crimes, age of the person at the time the crime or crimes were committed and the length of
time elapsed since the crime or crimes were committed.
In addition, a drivers license check shall be conducted by the Maplewood Police Department for all
positions (paid or volunteer) which require driving as a regular part of the job (defined as more than once
per month on average) or that involves driving a City vehicle and for positions paid a car allowance.
Section 2-10. Effective Date This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Agenda #
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Final Plat
PROJECT: Towns of New Century Second Addition
DATE: July 12, 2002
INTRODUCTION
Scott Hintermeister is requesting that the city council approve the Towns of New Century Second
Addition final plat. Mr. Hintermeister represents the builder, New Century County Homes LLC.
This final plat is the second phase of the town houses for the New Century development, and
would create 24 lots for town houses. This plat will be east of New Century Boulevard, north of
Highwood Avenue and south of New Century Lane. (See the maps on pages 3 - 6.)
BACKGROUND
On July 12, 1999, the city council approved the following for the New Century PUD:
1. Changes to the comprehensive plan. These changes were from R -1 (single dwellings) and
OS (open space) to R -1 (single dwellings), RH (residential high density) and OS (open
space) for the site.
The developer also asked the city to drop the planned minor collector street that would
connect the east end of Schaller Drive with Century Avenue. This street would have gone
through this site and through a group of oak trees.
2. A conditional use permit (CUP) for a planned unit development (PUD) fora 178 -unit housing
development. The applicant requested the CUP because the F (farm residence) and R -1
(single dwelling residential) zoning districts limit the uses to single dwellings in a typical or
standard subdivision. (See the property line map on page four.) As approved by the city,
this project will have 76 single dwellings (including the relocated farm house), 8 finrin homes
and 92 town houses. (See the site plan -on page 6). Having a PUD gives the city and
developer a chance to be more flexible with site design and development details than the
standard zoning requirements would normally allow. The F and R -1 zoning districts also do
not allow twin homes, town houses or other multiple dwellings.
The developer also asked the city to allow the houses in this development to have mother -
in -law (accessory) apartments and have a variety of front and side -yard setbacks for the
houses and town houses in the development. The city approved these as part of the PUD.
3. Street right -of -way and easement vacations. These were for the unused street right -of -ways
and easements on the site.
4. A code variation for a substandard cul -de -sac where Schaller Drive meets the developer's
west property line. The proposed development plans do not have a street connection to the
existing temporary cul -de -sac at the east end of Schaller Drive. As such, the developer will
need to change the existing temporary cul -de -sac into a permanent cul -de -sac.
5. Reduced building setbacks for the existing houses at 2610 and 2611 Schaller Drive. These
setback approvals are necessary with changing the temporary cul -de -sac on the east end of
Schaller Drive to a permanent cul -de -sac.
6. A variation from the city code to reduce the required street right-of-way idth. The developer
er
p
wants to reduce some of the public street right -of -ways from 60 feet to 50 feet.
7. A variation from the city code to reduce the required street pavement width. The developer is
asking to reduce the streets from 32 feet to 28 feet, 24 feet and 20 feet from gutter to gutter.
8. A preliminary plat to create the lots in the development. This approval was subject to eight
conditions.
9. Having no parking for both sides of some of the streets and no parking for one side of other
streets.
10. Starting the construction of up to four model homes before the city approves the final plat
On January 24, 2000, the city council approved the first final plat for the New Century
development. This final plat created 80 lots for houses, 3 outlots for open space and one outlot for
future phases of the development (including the town houses).
On May 23, 2000, the community design review board (CDRB) approved the project plans for the
New Century Town Homes. This approval was for the site, building and landscape plans and was
subject to eight conditions. (See the site plan on page 6.)
On August 14, 2000, the city council approved the Towns of New Century final plat. This plat
created the first 30 town house lots in the New Century PUD.
DISCUSSION
The developer is progressing with this phase of the plat. The contractor has installed the utilities
and has completed the rough grading in this part of the development. The developer has finished
all the conditions the council required for final plat approval.
RECOMMENDATION
Approve the final plat for the Towns of New Century Second Addition. This approval is subject to
the county recording the deeds, deed restrictions and covenants required by the city.
p:sec13 -28 /newcen townhouses 2" d .doc
Attachments: -
1. Location Map
2. Property Line Map
3. Proposed Final Plat
4. Site Plan
5. 7 -12 -99 Council Minutes
6. Proposed Final Plat (Separate Attachment)
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DIMENSIONS AND NOT EASEMENT LINE DIMENSIONS,
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UNLESS OTHERWISE SHOWN.
IN FEET
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Attachment 4
PROPOSED NEW CENTURY
TOWN HOMES
FUTURE PHASE OF
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HIGHWOOD AVENUE.
SITE PLAN
4
Attachment 5
MINUTES NL&PLEWOOD CITY COUNCIL
7:00 RAL, Monday, July 12,1999
Council Chambers, Municipal Building
Meeting No. 99 -I5
a. Manager McGuire introduced the staff report.
J. UNFINISHED BUSINESS
I. New Century PUD (Highwood and Century Avenues)
-
Comprehensive Plan Changes - (4 votes)
Conditional Use Permit .for Planned Unit Development
Street Right -of -Way Vacations
- Easement Vacations
- Code Variation - Street Right -of -Way Width
- Code Variation - Street Pavement Width
- Preliminary Plat
- No Parking on Streets
- Early Start of Construction of Model Homes
b. Associate Planner Ken Roberts presented the specifics of the report.
1
d to allow the developer to answer questions posed by the council since this was not a
Mayor Rossbach move
P
public hearing.
Seconded by Councilmember Carlson
Ayes - all
c. Jack Buxell, architect representing chitect re resentin the Robert Engstrom Companies for New Century Development
answered questions posed by the Council.
introduced a resolution for the Comprehensive Plan change.
Councilmember K.ittrdige intro
Seconded by Councilmember Carlson
MOTION FAILED
Ayes - Councilmembers Carlson, Kittrdige, and
Allensp ach
Mays - Mayor Rossbach & Councilmember Kopper
a or Rossbach moved to reconsider der the vote for the Comprehensive Plan Change.
Seconded by Carlson
Ayes - Councilmembers Carlson, Kittridge, and
Allenspach, Mayor Rossbach
]Mays - Councilmember Koppen
7- I2 -99
h
Mayor R
ossbach introduced the following changing the Land use plan for the New Century residential
_
g ent venue. es e c ari es are troth - s 1n
development, ment, nort o i . Woo venue, west o ury _.: g g
P -
we ins an (ope n space to sing a we ings , resi entia ensi an open
g _
�snaoe. nr a sate is reso ution a so roes t e p anise _ _ _minor co ectot street between a east en o c a er
r _..
D rive and Century venue.
99 =07 -055
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Robert Engstrom proposed changes to the city's land use plan from R -1 (single dwellings) and OS
(open space) to R -1 (single dwellings), to OS (open space) and R -3H (residential high density).
WHERE this Chan e applies to property for the New Century PUD north of Highwood Avenue and west of
WHEREAS, g PP
Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
WHEREAS the applicant also requested a change to the land use plan to drop the planned minor collector street
between the east end of Schaller Drive and Century Avenue.
WHEREAS, the history of this change is as follows:
. On June 7 1999 the. Iannin commission held a public hearing. The city staff published a hearing
1 P Q
notice in the Maplewood Review and s%
,n notice; e surrounding p
to the owners. The planning
.�
conll .fission n,«�Je ewe Yrane at fhc heanr u i:Ii �-e to Sr�a': and pri�sent wnttea statements. The
planning tannin commission recommended that the city council not approve the plan amendment.
2. On June 28 1999, the ci ty council discussed the proposed land use plan change. They considered
reports and recommendations from the planning commission and city - staff.
3. O n Jul y 12 a gain considered the proposed land use plan changes.
1999 the ci ty council �
IOW, THEREFORE,
BE IT RESOLVED that the city council approve the above - described change for
the following reasons:
I. The development would be consistent with the goals and objectives of the comprehensive plan.
2. This town house site in the development is proper for and consistent with the city's policies for high- density
residential use. This includes:
a. Creatin g a transitional land use between the existing and proposed low density residential and commercial
land uses.
b. It is on a collector street and is near an arterial street, parks and open space.
3. This development will minimize any adverse effects on surrounding properties because:
a. The proposed on -site pond and large setback from the street will separate the town houses from nearby
homes.
E
7 -12 -99 13
b. Studies have shown there will be no adverse effect on property values.
c. There would be. no traffic from this development on existing local residential streets.
4. The ci ty nor the developer plan to build the proposed collector street between the east end of Schaller Drive
t {, /�
ILa_,.v.e. -. � �........i+ 3..,- ..,...•.. +Ift^ •�•:rt:.'�.• :T,iatlfzr%,1C are tr^mc f:rotdd mai�P..,1 iffMult i,c1 17�t�ld a_c� u�► this
_aT (�j L. tJL.W r 11Vr —LIU . LJ%,%oCL%J%.* LLL%w �.Aty 6aL&& ♦r v.& �saay.� .+ av �avvv •• .. + -� _ —=-
area.
Seconded by Councilmember Kittrdige
Ayes - Mayor Rossbach, Councilmembers
Allenspach, Kittridge, Carlson
Mays - Councilmember Koppen
Councilmember Carlson moved . to approve the following resolution approving a conditional use permit for a
plann unit development or the ew Century ousing eve opment. r s
The city bases t approval on the flindings
required by code.
99 -07 -056
CONDITIONAL USE PERMIT RESOLUTION
NVHEREAS, Mr. Robert Engstrom, representing the Robert Engstrom Companies, applied for a conditional use
permit (CUP) for the New Century residential planned unit development (PUD).
WHEREAS, this change applies to undeveloped property for the New Century PUD north of Highwood
Avenue and west of Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
( P INS 13- 28 -22 -11 -0008, 0015 0014, 0013 and 0022, 13- 28 -22 -14 -0018, 0019, 0020 and 0021.)
WHEREAS, the history of this conditional use permit is as follows:
I. On June 7 1999 > P g the lanhin - commission recommended that the city council. approve this permit.
2. On June 28, 1999, the city council held a public hearing. The city staff published a notice in the paper and
sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to
speak and present written statements. The council also considered reports and recommendations of the city
staff and planning commission.
3. On July 12, 1999, the city council again considered this request.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described conditional use
permit, because:
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
9 7 -12 -99 14
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property,
because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general g eneral unsi . htliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing orproposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use maximize the preservation of and incorporate the site's natural and scenic features into
the development design.
9. The use.would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date- stamped March 29, 1999, the revised grading plans
dated May 24, 1999 and the revised plat plans dated July 7, 1999, except where the city requires
changes. The city council may approve major changes. The director of community development
may approve minor changes.
2. The P roposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year.
3.* Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, tree and driveway and parking lot plans.
4. The design of the ponds shall be subject to the approval of the city engineer. The developer shall
give the city an easement for this pond and shall be responsible for getting any needed off -site
pond and drainage easements.
S. The developer or. contractor shall:
a. Complete all grading for the site drainage and the pond, complete all public improvements and
meet all city requirements..
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Install permanent signs around the edge of the wetland buffer easements. These signs shall
mark the edge of the easements and shall state there shall be no mowing, vegetation cutting,
filling or dumping.
d. Install survey monuments along the wetland boundaries.
e. Remove any debris, junk or fill from the wetlands and site.
6.* The developer shall give the city wetland easements over the wetlands. The easements shall cover
the wetlands and any land within 50 feet surrounding a wetland These easements shall prohibit any
buildin g g , mowing, cutting, filling or dumping within twenty feet of the wetland or within the
wetland itself. The purpose of this easement is to protect the water quality of the wetlands from
7 -12 -99 15
10
fertilizer and to protect the wetland habitat from encroachment.
7. The owners of the single dwellings in the PUD may have one mother -in -law (accessory) apartment
with xheir.nropertx. Such accessory units shall b e subject to the following:
a. Such accessory units may be occupied by one or two persons.
b. The accessa ry units shall not be more 800 square feet.
w separate or different ownership for tax or identification purposes of the
c. The city will not alto s p P
accessory unit from the primary residence.
d. The owners wners shall only rent their accessory units to those related by blood or marriage.
8 pp
. The approved setbacks for the principal structures in the New Century PUD shall be:
I Fron t yard setback: minimum - 20 feet, maximum - 50 feet
.
2. Front aid setback (side street): minimum -15 feet, maximum - 30 feet
Y
3. Rear yard setback: minimum - 30 feet, maximum - none
4. Side yard setback: as the zoning code requires
9. This app final roval does not include design approval for the duplexes, townhomes or for the village
green. The developer shall submit the final building, landscaping and site plans for these to the
�' P
community design review board (CDRB) for approval by the CDRB.
10. The city council shall review this permit in one year:
Seconded by Council
member Kittrdige Ayes - Councilmembers Allenspach, Kittrdige,
&, Carlson
Mays - Mayor Rossbach & Councilmember
Koppen
Council PP
member Carlson moved to approve the following resolution vacating parts of the unused Tire Avenue,
Ma hill Road and Phyllis venue lying north o ig Nvoo venue an west o Century venue in the New
Y .
C entury ass own on the map on page o eve opers application materials).
99 - 07 -057
STREET RIGHT - - WAY VACATION RESOLUTION
WHEREAS, Mr. Rob g � representing Rob En stra r resenting the Robert Engstrom Companies, applied for the
vacation of the followin g described street right -of -ways:
The south 30 feet of the NE 1/4 of NE 1/4 of Section 13, Township 28, Range 22, Ramsey
1. .
County Minnesota, except the east 288.17 feet. (Tim Avenue)
11 7 -12 - 16
2. The east and north 30 feet of the east 343.60 feet of the east two- thirds of the west 3/4 of the
SE 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota.
T _p y li_s _.venue in A. BERG .ADDITION.
p May
hill That art of Ma hill Road in A. BERG ADDITION and that part of Mayhill Road lying
between Tim Avenue and the north right -of -way line of Highwood Avenue.
5.
The south 60 feet of the north 190 feet of the west third of the west three- quarters of the SE
1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota.
All in Section 13, Township 28, Range 22 in Ramsey County.
WHEREAS, the history of these vacations is as follows:
On June 7 1999, the planning commission recommended that'the city council approve these
1. P
street vacations.
O n June 28 1999 the city council held a public heari
2. d � Y ng. City staff published a notice in the
Maplewood Review and sent notices to the abutting property owners. The Council gave
everyone at the hearing a chance to speak and present written statements. The council also
rY g . .
considered reports and recommendations from the city staff and planning commission.
3. " On July 12, 1999, the city council again considered this request.
WHEREAS , Y PP after the city approves this vacation, public interest in the property will go to the
following abutting properties:
1. Lots 1, 7, and Lots 8 -14, A. BERG ADDITION.
p
2.
Except the North 657 feet and Except the*South feet of the North 900 feet of the east 240 feet
and P
d except the east 288.17 feet of the art South of the North 900 feet, the East '/2 of the NE 1/4 of
the NE 1/4 Road ect to bj
u
S in Section 13, Township 28, Range 22 (PIN 13- 28 -22 -11 -0013)
1/4 ( Subject �
3.
The SW 1/4 of the NE 1/4 of the NE 1/4 (Subject to Road) in Section 13, Township 28, Range 22
(PIN 13- 28 -22 -11 -0014)
4 Subject to Roads; the East 343.6 feet of the west 3/4 of the SE 1/4 of the NE 1/4 in Section 13,
Township 28, Range 22, Ramsey County, Minnesota. (PIN 13- 28 -22 -14 -0019)
• he west 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28,
5. Except the South 657 feet, T
Range 22, Ramsey County, Minnesota. (PIN 13- 28 -22 -14 -0020)
All in Section 13, Township 28, Range 22, Maplewood, Ramsey County, Minnesota.
12 7 -12 -99 17
NO THEREFORE, BE IT RESOLVED that the city council approve the above- described
vacation since it is in the public interest based on the following reasons:
T"_ -3 � -oft .....r,.:E:.se. � ., T rA
J 1 _j je 2 lJAL.=1L .1LJ1 V�1L.L ltvD ha • %0 vvv ..v....v...
y
2. g
These r s are not needed for the public purpose of street construction.
3. The developer will be dedicating new public street right -of -ways with the plat.
P
4. Ma y hill Road and Phylis Avenue are too narrow for street construction.
Seconded by Coune' lmember Kittn g y 'd e Ayes - Councilmembers Allenspach, Kittridge,
�
Carlson
Nays - Mayor Rossbach and Councilmember
Koppen
Councilmember Carlson moved to approve the following resolution vacating the unused drainage and roadway
easements lying east of Sc a er ve, west o entury venue an noct o ig woo venue in t e ew entury
as own on the map on page o eve opers app tcation materials). t is in the public interest to vacate
these easements for the following reasons:
99 o7 -a58
EASEMENT VACATION RESOLUTION
WHEREAS Mr. Robert Engstrom, representing Robert Engstrom Companies, applied for the
vacation of the following- described easements:
1.
The north 100 feet of the east two- thirds of the west three- quarters of the SE 1/4 of the NE 1/4 of
S ection 13 Townsh 28, Ra 22, Ramsey County, Minnesota, except the east 343.60 feet.
2. Th at part of the West 1/3 of the West 3/4 of the SE 1/4 of the NE 1/4 of Section 13, Township 29,
Range 22, Ramsey County, Minnesota described as follows:
Commencing at the Southwest corner of said SE 1/4 of the NE 1/4; thence North 00 degrees 36
Co g
minutes 28 seconds East on an assumed bearing along the West line of said SE 1/4, a distance of
452 p beginning .04 feet to the point of be innin of the land to be described; thence continuing North 00 degrees
36 minutes 28 seconds East a distance of 597.82 feet; thence East a distance of 70.00 feet; thence
South 09 degrees 30 minutes East a distance of 61.00 feet; thence East a distance of 150.00 feet; thence
Sou gr .
South 33 degrees 40 minutes East a distance of 54.00 feet; thence South a distance of 130.00 feet,
thence South 67 degrees 20 minutes West a distance of 123.73 feet; thence South a distance of 110.00
f eet; thence South 36 degrees 10 minutes West a distance of 105.36 feet; thence South 119.93 feet;
thence West 90 feet to the paint of beginning.
All lying north of Hi hwood Avenue and west of Century Avenue in Section 13, Township 28, Range
� g
22, Maplewood, Minnesota.
13 7 -12 -99 18
WHEREAS, the history of this vacation is as follows:
O � planning On June 7 1999 the lannin commission recommended that the city council approve these vacations.
1.
2. O � c O n June 28 1999 the ci _ council held a public hearing. The city staff published a notice in the
Maplewood Review and sent a noti^�e to the ,abutting property owners. The council gave everyone at
the hear a chance to speak and present written statemerits. The council also considered reports an
hear P
recommendations from the city staff and planning commission.
3. On July 12, 1999, the city council again considered this request.
WH
EREAS after the city approves roves these vacations, public interest in the property will go to the following
abutting properties:
Subject to roads and easements and except the East 343.6 feet; the East 2/3 of the West 3/4 of the SE
I �
1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
(PIN 13- 28 -22 -14 -0018)
2. Except the South 657 feet; The West 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28,
Range 22, Ramsey County, Minnesota. (PIN 13- 28 -22 -14 -0020)
3. The South 657 feet of the West 1/4 of the SE 1/4 of the NE 1/4 (Subject to road) of Section 13,
Township 28, Range 22, Ramsey County, Minnesota. (PIN 13- 28- -22 -14 -0021)
All in Section 13, Township 28, Range 22, Ramsey County, Minnesota
NOW THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations
for the following reasons:
1. It is in the public interest.
2. The city � and the ad' acent property owners have no plans to build a street or utilities in these
locations.
3. The adjacent properties have access to public streets and utilities.
Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge,
Carlson
Mays - Mayor Rossbach and Councilmember
Koppen
Councilmember Carlson moved to approve the following resolution for a Code variation for a substandard cul -de-
sac where Schaller Drive meets the developer" s west property line.
7 -12 -99 19
14
99 - 07 -059
SUBSTANDARD CUL -DE -SAC CODE VARIATION RESOLUTION
WHEREAS, Mr. Robert Engstrom, of the Robert Engstrom Companies requested a variation from the
�'JHE g
city code.
AS this code variation ap to the existing cul-de -sac at the east end of Schaller Drive at
WHERE PP
the west p roperty P P line for the p roposed New Century PUD that is north of Highwood Avenue and west o
Century Avenue.
of the M City Code requires that cul -de -sacs have a right -
�'iTHEREAS, Section 30 - (b)( P
way diameter of 120 feet and a pavement diameter of 94 feet.
P
WHEREAS the app licant is proposing .to change a ternporary cul -de -sac into a permanent cul -de -sac
with a right-of-way diameter of 100 feet and a reduced street pavement diameter.
WHEREAS, this requires a variation for the right -of -way diameter of 20 feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission reviewed this request -on June 7, 1999. The planning
commission recommended that the council approve the proposed code variation.
The Maplewood City Council held a public hearing on June 28, 1999. City staff published a
p y
notice in the Maplewood Review and sent notices to the surrounding property owners. The council
g ave eve at the hearing a chance to speak and to present . written statements. The council also
everyone g
considered reports and recommendations from the city staff.
The Maplewood City Council again considered this request on July 12, 1999.
NOW THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-
described variation subject to the city engineer approving the construction plans.
Seconded by Councilmember Kittridge
Ayes - Councilmembers Allenspach, Kittridge
& Carlson
Mays - Mayor Rossbach & Councilmember Koppen
Councilmember Carlson moved to approve the reduced building setbacks for 2614 and 2611 Schaller Drive.
Seconded by Councilmember Kittridge
Ayes - Councilmembers Allenspach, Kittridge
& Carlson
Nays - Mayor Rossbach & Councilmember Koppen
15 7 -12 -99 20
• moved to approve the followin resolution approving a ci code variation to have 50 -foot-
Councilmember Carlson mo pp g _.
g
a ri . t - o wa s in the New Century .
wide street right -of -ways instead o the - aot - VVi - �
99-07 -064
STREET RIGHT OF N IDTH CODE VARIATION RESOLUTION
. Robert Engstrom, of the Robert Engstrom Companies, requested a variation from the city
WHEREAS, Mr.
code.
WHEREAS, this
code variation applies to the New Century PUD that is north of Highwood Avenue and west
of Century Avenue.
WHEREAS, the legal description for this property is:
The south /� of the .
1 north 1 /2 o f the west I / 2 o f the N.E. 1/4 of the N.E. 1/4 of Sec. 13, T.28, R.22,
Ramsey County, MN. and:
The south 1 /2 of the west 1 /i of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. And:
That part of the N.E. 1/4 of said Sec. 13 described as commencing at the northeast corner of said
N.E. 1/4; thence soi
• south along the east line thereof 657 feet to the point of beginning; thence westerly
• southerly 70 fee thence r sterly F0 feet; thence southerly 20 feet; thence westerly 50
110 feet, thence s� u y ,
• 60 feet; thence easterly ?4( 1-Cet nl {ire or less, to tide east line of said N.E. 1/4
feet; thence soutll.,rly
thence north al on g the east line thereof 150 feet to the point of beginning. Subject to Century Ave.
and
Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And:
The south /� of t e east i /2 of the N.E. 1/4 of N.E. 1/4: of said Sec. 13, except that part described
as follows: commencing at the northeast corner of said N.E. 1/4; thence south along the east line
. g
thereof 807 feet to th e p beginning: point of be innin : thence westerly parallel to the north line of said N.E. 1/4
240 feet, thence southerly • erI p arallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel to
said north line 48.17 feet, y • thence southerly p arallel to said east line of 415.95 more or less to the south
Line of said N • 1l4 of N.E. 1/4• thence east alon g the south line thereof to the southeast corner of said
N.E. 1/4 of N.E. ,
1 /4• thence north to the p oint of beginning. Subject to Century Avenue and:
The west 3/4 of
the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN.,
subject to roads and easements. And:
All that part
of the east 1 /2 of the N.E. 1/4 of the N.E. 1/4, Sec. 13, T. 28 R. 22, described as
follows: Commencing at a point on the East line of said Sec. 13, distant 657 feet south of the N.E. Cor. of
West and parallel with the North said Sec. 13, thence W h line of said Sec. 13, 110 feet, thence South and p .
parallel with the East line of said Sec. 13 a distance of 70 feet; thence West 80 feet, to the point of
beginning to the land to be described; thence South and parallel to said east line 20 feet, thence West 50
feet thence North 20 feet; thence easterly to the point of beginning. And:
7 -12 -99
21
16
The south 249 feet of the west 419 feet of the N %z of the E Y2 of the N.E. 1/4 of the N.E. 1/4 of
said Seca 13.
All .in Remotion .I_�. a T.nua!_rhin.2& Ranee 22_ Ramsey County. Minnesota. (PINS 13- 28- 22 -11-
. ._ — i .. � —
0008, 0015, 0014 0013 and 0022 28 -22 =14 -0018; 0019, 0020 and 0021.)
WHEREAS, Section 29 -53 of the Maplewood City Code requires that local residential streets have 60
feet of right -of -way.
WHEREAS the applicant is proposing several local streets in the PUD with 50 -foot -wide right -of-
PP P P .
ways and reduced street pavement widths.
WHEREAS, this requires a variation of ten feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning
commission recommended that the council approve the proposed code variation.
The Maplewood City Council held a public hearing on June 28, 1999. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners. The council
g ave everyone at the hearing a chance to speak and to present wntten statements. The council also
considered reports and recommendations from the city staff.
The Maplewood City Council considered this request again on July 12,' 1999.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above -
described variation subject to the city engineer approving the construction plans.
Seconded by Councilmember Kittridge
Ayes - Councilmembers Allenspach; . Kittridge
& Carlson
Nays - Mayor Rossbach & Councilmember Koppen
Councilmember Carlson moved to approve the following resolution approving a city code variation to have 24 &
28 foot -wide street instead o t e - oot -wl a streets in t e ew entury PUD.
99 -07 -061
STREET PAVEMENT WIDTH CODE VARIATION RESOLUTION
WHEREAS, Mr. Robert Engstrom of the Robert Engstrom Companies requested a variation from the city code.
WHEREAS, this code variation applies to the New Century PUD that is north of Highwood Avenue, and west
of Century Avenue.
17
7 -12 -99 22
WHEREAS, the legal description for this property is:
The south %2 of the north ` 2 of the west %2 of the N.E. I/4 o f the N.E. 1/4 of Sec. 13, T.28, R.22, Ramsey
r� o h � Ttf1�1 a rs •
vva�aa�J . ♦•.. •...••�..•
The south %Z of the west 1 /2 of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. And:
That P art of the N.E. I/4 of said Sec. 13 described as corn: mencing at the northeast corner of said N.E.
/4• thence south along he east line thereof 657' feet to the point of begaming; thence westerl 110 feet; thence
1 g
southerly 70 feet; thence westerly 80 feet; thence southerly 2.0 feet, thence westerly 54 feet; thence southerl
6 0 feet; thence easterly 240 feet more or less, to the east line of said N.E. I/4 thence north along the east line
thereof 150 feet to the point of beginning. Subject to Century Ave. and:
Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And:
The south '/2 of the east %2 of the N.E. 1/4 of N.E. 1 /4: of said Sec. 13, except that part described as
follo commencing at the northeast corner of said N.E. 1 /4; thence south along the east line thereof 807 feet
p beginning: to
the point of be innin : thence westerly parallel to the north line of said N.E. 1/4 240 feet; thence southerly
parallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel to said north line 48.17 feet; thence
southerly parallel to said east line of 415.95 more or less to the south line of said N.E. 1/4 of N.E. I /4; thence
east along the south line thereof to the southeast corner of said N.E. 1/4 of N.E. 1 /4; thence north to the point of
beginning. Subject to Century Avenue. and:
The west 3/4 of the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN., subject to
roads and easements. And:
All that P art of the east t/2 of the N.E. 1/4 of the N.E. 1/4, Sec: 13, T. 28, R. 22, described as follows:
Commencin g at a point on the East line of said Sec. 13, distant 657 feet south of the N.E. Cor. of said Sec. 13,
thence
'Vest and parallel with the North line of said Sec. 13, 110 feet, thence South and parallel with the East line of
said Sec. 13 a distance of 70 feet; thence West 80 feet, to the point of beginning to the land to be described; thence
South an parallel arallel to said east line 20 feet, thence West 50 feet, thence North 20 _feet; thence easterly to the point of
beginning. And:
The south 249 feet of the west 419 feet of the N '/2 of the E 1 /2 of the N.E. 1/4 of the N.E. 1/4 of said
Sec. 13.
All in Section 13 Township 28, Range 22, Ramsey County, Minnesota. (PINS 13- 28 -22 -11 -0008, 0015
0014, 0013 and 0022, 13- 28 -22 -14 -0018, 0019, 0020 and 0021.)
WHEREAS, Section 29- 52(a)(9) of the Maplewood City Code requires that Local residential streets shall be 32
feet in width, measured between faces of curbs.
WHEREAS the applicant is p roposing 28 - foot - wide, 24 - foot - wide and 20 - foot - wide streets with no parking
PP P
on one side and no parking on both sides .
WHEREAS, this requires a variation of four feet, eight feet and twelve feet.
WHEREAS, the history of this variation is as follows:
18
7 -12 -99 23
The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning commission
recommended that the council approve the proposed code variation.
rip IUSanlevvnnd City Council held apublic hearing on June 28, 1999. City staff published a notice in the
a lewood Review and sent notices to the surrounding property owners. � tie council gave everyone a cn nedcig
Maplewood
chance to speak
eak and to resent written statements. The council also considered reports and recommendations from
the city staff.
The Maplewood City Council again considered this request on July 12, 19994
RE BE IT RESOLVED that the Maplewood City Council approve the above- described
THEREFO
NOW, � . , .
nation su to no p arking on one side of the 28- foot -wide streets, no both sides of the 24 -foot wide streets and
va � P
the developer paying the city for the cost of no- parking signs.
Seconded by C ouncilm ember Kittridge Ayes - Councilmembers Allenspach, Kittridge
& Carlson
Nays - Mayor Rossbach & Councilmember Koppen
Councilmember PP
er Kittridge moved to ap the following resolution approving a city code variation for 28 -foot-
wide and 24- foot -wide public streets in the N ew C mtury PUD.
Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge
& Carlson
Nays - Mayor Rossbach & Councilmember Koppen
Councilmember Kittridge moved to eliminate access to Highwood Avenue.
Seconded by Councilmember Carlson
Ayes - Councilmembers Kittridge & Carlson
Nays - Mayor Rossbach, Councilmembers
Allenspach & Koppen
MOTION FAILED L � � — G
� � t Cod � � (�
Councilmember Carlson moved to approve the New Century preliminary plat (received by the city on March 26,
1999 and the revised grading p ans receive y t e city on May and the revised pre iminary p at receive
y t e City on July e eve open s a comp ete t e o awing e ore t o city counct approves t o fina
p at:
1. Si gn an agreement with the city that guarantees that the developer or contractor will:
�
a. Complete all din for overall site drainage, complete all public improvements and meet all city
p � g
requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Have NSP install Croup V rate street lights in at least nine locations - primarily at street
7 -12 -99
24
1.9
intersections. The exact style and location shall be subject to the city engineer's approval.
d. Pa y � the c for the cost of traffic - control, street identification and no parking signs.
e. Provide all required and necessary easements.
f. Demolish, remove or move the existing house and buildings at 2665 Highwood Avenue, and all
other buildings, scrap metal, debris, vehicles and junk fro M the site.
g• Cap, seal and abandon all wells on site and remove any septic systems or drainfields within the plat,
subject to Minnesota rules and guidelines.
h. Complete lete all the curb and gutter on the Schaller Drive cul -de -sac to the west side of the site, repair
the cul -de -sac pavement and restore and sod the boulevards.
I. For the trails, do the following:
( 1) Construct an eight-foot-wide paved walkway between Lots 4 and 5, Block 2 as
shown on the plat date - stamped May 24, 1999. This trail shall be in an 18- foot -wide
trailway or pedestrian way.
(2) P The developer also shall build the wood -chip trails and sidewalks as shown on the
application materials and project plans.
(3) The developer shall install posts at the end of the trails to prevent cars or trucks
from using the trail.
(4) The developer shall build the trails and sidewalks with the streets.
(5) The city engineer must approve these plans.
Install permanent signs around the edge of the wetland buffer easements. These signs shall
murk the edge of the easements and shall state there shall be no mowing, vegetation cutting,
fi lling, grading or dumping beyond this point. City staff shall approve the sign design and
location before the contractor installs them. The developer or contractor shall install these
sign before the city issues building permits in this plat.
k. Install survey monuments along the wetland boundaries.
1. Install signs where the driveways for the twin homes and for the town houses intersect the
public streets indicating that they are private driveways.
M. Have an independent qualified geotechnical engineering and soil testing firm monitor and
inspect the pond during its construction. The city shall pre - approve the inspection firm(s)
before they start their work.
2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading,
utility, drainage, erosion control, tree, trail, sidewalk and street plans. The plans shall meet the following
conditions:
20 7 -12 -99 25
a, The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information tor ea¢h home site.
The lot lines on this plan shall follow the approved preliminary play
(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 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.
(6) All retaining walls on the plans. Any retaining walls taller than 4 feet require a
building permit from the city,
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
C.* The tree plan shall:
(1) Be approved by the city engineer before site grading or final plat approval.
(2) Show where the developer will remove, save or replace Iarge trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement trees. The deciduous trees
shall be at least two and one half (2'/ :) inches in diameter and shall be a mix of red
and white oaks, ash and sugar maples. The coniferous trees shall be at least eight (8)
feet tall and shall be a mix of Austrian pine and other species.
(4) Show no tree removal beyond the approved grading and tree limits.
(5) Include for city staff a detailed boulevard tree planting plan and material list.
d. The street and utility plans shall show:
(1) Paved walkways in a trailway or pedestrian way as shown an the proposed plans
and between Lots 4 and 5, Block 2. The parks and recreation director shall approve
their design.
(2) The public streets shall be a 9 -ton design with a maximum street grade of eight
percent and the maximum street grade within 75 feet of all intersections at two
percent.
21 7 -12 -99 26
(3) All the streets, parking areas and driveways with continuous concrete curb and
gutter except where the city engineer decides that it is not needed for drainage
purposes.
(4) ATl public street right -af -ways !'nail be at least au= feet -vnae, unless the city icu ii
approves a narrower street right -of -way.
(5) The completion of the curb and gutter on the existing Schaller Drive cul -de -sac, the
repair or replacement of the cul -de -sac pavement and the restoration and sodding of
the boulevards around the cul -de -sac.
e. The drainage plan shall ensure that there is no increase in the rate of storm water run -off
leaving the site above the current (predevelopment) levels.
f. A qualified geotechnical engineer shall design the storm water pond proposed at the
southeast corner of the site. The proposed design shall be subject to a quality engineering
peer review and recommendation by a geotechnical engineer approved by the city engineer.
The developer shall pay for this review. The developer's consultants shall complete this
review and approval before submitting the final construction plans to the city engineer.
Additional subsurface soil evaluations also shall be required within the proposed pond and
berm areas.
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 lot lines in Block Two so there is an 18- foot -wide trail or pedestrian way.
between Lots 4 and 5 to accommodate the trail and waterrnain to Schaller Drive.
d. Show the wetland boundaries on the final plat as approved by the watershed district.
e. Show all public street right -of -ways at 60 feet wide, unless the city council approves
narrower street right -of -ways.
f. Make as many of the property lines as is reasonably possible radial to the cut -de -sacs or
perpendicular to the street right -of -ways.
9. Change the 40- foot -wide trail easement at the west end of Promontory Place (Dahl Avenue)
(between Lots 12 and 13, Block 1) to a 40- foot -wide trail or pedestrian way.
4. Secure and provide all required easements for the development. These shall include:
a. Any off -site drainage and utility easements.
b. Wetland easements over the wetlands and any land within 50 feet surrounding a Class II
22
7 -12 -99 27
wetland. The easement shall prohibit any building or structures within 50 feet of the Class H
wetland or an y mowing, cutting, filling, grading or dumping within 50 feet of the wetland or
within the wetland itself.
The purpose of these easements is to protect the water quality of the wetlands from fez�€i
and runoff. They also are to protect the wetland habitat from encroachment.
5. The developer shall complete alt grading for public improvements and overall site drainage. The city
F P
en ineer shall include in the developer's agreement any grading that the developer or contractor has not
g
completed before final plat approval.
6. Record the following with the final plat:
a. All homeowners association documents.
b. A covenant or deed restriction that prohibits driveways on Lots 11 and 12, Block 4 from
going onto liighwood Avenue.
C. Deeds dedicating the necessary wetland buffer easements surrounding any wetland.
d. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots
or parcels in the plat that would create additional building sites unless approved by the city
council.
The applicant shall submit the language for these dedications .and restrictions to the city for
approval before recording.
7. Show the wetland boundaries on the plat as approved by the watershed district. A trained and qualified
person must delineate the wetlands. This person shall prepare a wetland delineation report. The
developer shall submit this wetland information to the watershed District office. The Watershed District
must approve this information before the city approves a final plat. If needed, the developer shall change
the plat to meet wetland regulations.
8. Obtain a permit from the Ramsey - Washington Metro watershed District for grading.
If the developer decides to final plat part of the preliminary plat, the director of community development
may waive any conditions that do not apply to the final plat.
`The developer must complete these conditions before the city issues a grading permit or approves the
P _
final plat.
The Council took no action on the request to waive the Park Access Charges (PAC) for the building permits for
the New Century residential PUD. This development would be north of Highwood Avenue and west of Century
Avenue.
Councilmember Carlson moved to approve the following resolution for the on- street parking standards and no
on- street parking requirements or the New Century PUD north of ig woo venue and west o Century
A venue.
23
7 -12 -99 28
g9- 07-062
NO PAPICING RESOLUTION
WHEREAS Maplewood has approved a resident Iat um r anaccljaiya� a �J i �- •• �•�� •
WHEREAS, the developer
wants to have reduced street right -of -way_ widths and reduced street pavement
widths in this development
ed street ne ,. ht -of -wa to
�;�HEREAS, the city has approved reduc g y widths and reduced street pavernent widths
the development, subject to on- street parking restrictions.
• the city code allows variations from the city code standards they do not
WHEREAS,, Section 29 -52(b� of ty .
affect the general purpose of the city code.
_ RESOLVED that Maplewood rohibits the parking of motor vehicles on
MOW, THEREFORE, IT IS HEREBY RESO P P _
• � - 28 feet wide and prohibits parking on one side of the public streets that are
both sides of all public streets less than P
28 feet to 32 feet wide m -
' the New Century PUD north o f H i ghwood Avenue and west o f Century
Avenue in Section
13- 28 -22.
Seconded by CoCouncilmember Kittredge Ayes - Councilmembers Allenspach, Kittredge
& Carlson
Inlays - Mayor Rossbach & Councilmember Koppen
Councilmember Kittredge moved to approve the developer's request to start the construction of up to four model
. P
homes on Red Pine Circle (Va
Vie trc e e ore a city approves the ina p at. is is su eject to e
o owing conditions:
• ' ' surface street or driveway to each building location before the city
There shalt be utilities and a hard s Y
issues a building permit.
2. The builder shall have each structure surveyed into place by a registered land surveyor.
Seconded by Councilmember Allenspach
Ayes - Councilmembers, Kittredge, Carlson and
Y .
Allenspach
Nays - Mayor Rossbach and Councilmember
Koppen
7- 1.2 -99
29
24
Agenda #
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
PROJECT:
DATE:
City Manager
Ken Roberts, Associate Planner
Conditional Use Permit Review
1820 Van Dyke Street
Goodrich Golf Course Clubhouse
July 10, 2002
INTRODUCTION
The conditional use permit (CUP) for the Goodrich Golf Course clubhouse, 1820 Van Dyke
Street, is due for review. The CUP is for a public building. (See the maps on pages two through
four and the city council minutes starting on page five.)
BACKGROUND
On July 10, 2000, the city council approved the following for this project:
1. A conditional use permit (CUP) to expand a public building. Section 36 -437 of the city
code requires a CUP for a public service or public building uses in any zoning district.
20 The building design, site and landscape plans.
On July 9, 2001, the city council reviewed this CUP and agreed to review it again in one year.
DISCUSSION
The county has not yet finished the grading and landscaping along North Saint Paul Road. Kevin
Finley of Ramsey County told me there is an issue about the proposed grades and providing
access to the underground utilities in the area. Mr. Finley also told me that they are working with
the utility companies and the county public works department to resolve this issue. The city
council should review this CUP again in one year to.ensure that the county has finished all the
site work and landscaping and that they are meeting all the council conditions.
RECOMMENDATION
Review the conditional use permit for Goodrich Golf Course clubhouse at 1820 Van Dyke Street
again in one year.
Kr /p:sec14 /good rich .02
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. June 10, 2000 City Council Minutes
Attachment 1
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Attachment 4
MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 10, 2000
Council Chambers, Municipal Building
Meeting No. 00 -14
H. PUBLIC HEARINGS:
1. 7:00 P.M. Goodrich Golf Course Clubhouse (1820 Van Dyke Street)
A. Conditional Use Permit
B. Design Approval
a. Mayor Cardinal convened the meeting for a public hearing.
b. Acting City Manager Haider introduced the staff report.
C. Community Development Director Coleman presented the specifics of the report.
d. Commissioner Dale Trippler presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
Kevin Finley, Director of Operations, Ramsey County Parks & Recreation
f. Mayor Cardinal closed the public hearing.
3
5
A. Conditional Use Permit
Councilmember Wasiluk introduced the following Conditional Use Permit Resolution for
the Goodrich Golf Course and clubhouse expansion at 1820 Van Dyke Street and moved
its =ptl,_ on:
RESOLUTION 00 -07 -073
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ramsey County applied for a conditional use permit for the Goodrich Golf
Course and to add onto the clubhouse.
WHEREAS, this permit applies to the property located at 1820 Van Dyke Street. The
legal description is:
SECTION 14, TOWNSHIP 29, RANGE 22, SUBJECT TO STREETS AND
AYES AND EASEMENTS AND RIGHTS -OF -WAY AND EXCEPT PART OF
N 1 /2 OF SW 1/4 SOUTHEASTERLY OF NORTH ST. PAUL ROAD AND
SOUTHWESTERLY OF HAZEL STREET AND EXCEPT THE WEST 810
FEET OF NORTH 1 /20F SOUTHWEST 1/4 AND EXCEPT THE WEST 810
FEET OF THE SOUTH 235 8/10 FEET OF SOUTH 1 /20F NORTHWEST 1/4'
AND EXCEPT THE WEST 870 FEET OF THE SOUTH 1 /2 OF THE
NORTHWEST 1/4 LYING NORTH OF SAID SOUTH 235 8/10 FEET THE
NORTH %2 OF SOUTHWEST 1/4 AND SOUTH 1 /20F THE NORTHWEST 1/4
ALL IN SECTION 14, TOWNSHIP 29, RANGE 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 19, 2000, the planning commission recommended that the city council
approve this permit.
2. On July 10, 2000, the city council held a public hearing.. City staff published a
notice in the paper and sent notices to the surrounding property owners. The
council gave everyone at the hearing a chance to speak and present written
statements. The council also considered reports and recommendations from the
city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
6 4
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or cause
a nuisance to any person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would
not create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2. The applicant must begin construction within one year after the council approves
this permit or the permit shall end. The city council may extend this deadline for
one year.
3. The city council shall review this permit in one year.
4. The applicant shall plant 24 trees along North St. Paul Road. The tree plan is
subject to staff approval.
Seconded by Councilmember Koppen Ayes - all
B. Design Approval
Councilmember Wasiluk moved to approve the architectural and site plans date - stamped
May 26, 2000 and the landscape plan dated June 11 2000 for the Goodrich Golf Course
Clubhouse addition, subject to the findings required by the city code. The developer shall
do the following:
1. Repeat this review in two years if the city has not issued a building permit. for this.
proj ect.
7 5
2. Submit a grading, drainage and erosion control plan to the ci ty engineer for
g
approval prior to getting a building permit.
3. All work shall follow the approved plans. The director of communi
ty
development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
Agenda #_
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
LOCATION:
DATE:
INTRODUCTION
Project Description
City Manager
Ken Roberts, Associate Planner
Home Occupation License
Karla Eckhoff
2443 Montana Avenue
July 8, 2002
Ms. Karla Eckhoff is requesting a home occupation license to start and operate a portrait
photography business from her home at 2443 Montana Avenue. Please see the maps on. pages 5
through 7 and the applicant's home occupation questionnaire on pages 8 and 9.
DISCUSSION
Photography Business
The applicant's business would be taking portrait photographs of individuals and families.
Ms. Eckhoff would be using a 12 -foot by 9 -foot den on the first floor of her home as the
photography studio.
The applicant would be using lighting in the studio and cameras in the home occupation.
Ms. Eckhoff lives on the premises and would be the only employee in the home occupation. In
addition, she would not be developing the pictures at home. The applicant states that she would
receive customer visits between the hours of 10 a.m. and 3 p.m., Monday through Saturday, and
she expects about 15 -20 customers per week.
Neighborhood Comments
A majority of the neighbors who responded to a survey are for the home occupation or had
general comments. The most common comment from the neighbors was about traffic in the
neighborhood. Ms. Eckhoff told me that she expects an average of two or three customers per
day. If the city approves the photography business, the city's home occupation ordinance allows
only residents of the home, plus one outside employee, to be employed within the business. In
addition, the city council may place conditions on the business to ensure that surrounding
residential properties are not negatively impacted.
Other Comments
David Fisher, the Maplewood Building Official, stated "Looks OK. It does not change the use of
the home."
COMMISSION ACTION
On July 1, 2002, the planning commission recommended approval of the home occupation
license.
RECOMMENDATION
Approve the home occupation license for Ms. Karla Eckhoff of 2443 Montana Avenue to conduct
a portrait photography business from her home. This approval shall be subject to the following
conditions:
1. Meeting all conditions of the city's home occupation ordinance. This includes that the area
of the home occupation is limited in size to 20 percent of the floor area of the house.
2. - Customer hours for this home occupation, are limited from 9 a. m. to 4 p.m., Monday
through Saturday.
3. There shall be no more than 20 customers visiting the home per week.
4. All customers or visitors to the business shall park on the driveway.
2
CITIZEN COMMENTS
I surveyed the owners of 37 properties within 350 feet of this site. I received eight written replies
and three comments on the telephone. The written replies were as follows:
For
1. It is okay with us. (Schultz —1500 Mary Street)
2. We have no problem with her having a studio. We hope she is very successful with it.
(Ruche — 2424 Montana Avenue)
3. We have no problem with you opening a photography studio in your home. (Williams —
2440 Tevlin Court)
4. We do not see a problem with it. We wish them good luck with their new business!
(Johnson - 2485' Montana Circle)
In addition, one person on the telephone said that the proposal was fine.
COMMENTS
1. We do not have any problem with people trying to make a buck, but we are concerned about
the increased traffic. Some people do not know what a stop sign means. If the license is
granted, we think it should be conditioned on (1) That Karla host a block party once a year,
and (2) all families on this mailing list be entitled to a free family portrait every other year for
life while residents of this area. (Gockowski — 2414 Montana Avenue)
2. I realize 15 -20 customers per week does not seem like much, but traffic coming east from
McKnight rarely stops at the current stop signs on Lakewood and Montana. There is a
constant flow of traffic throughout the day and into the late evening seven days a week.
(Higgins —1552 Lakewood Drive)
3. We worry about traffic!! The new development (Oak Ridge Estates) has already added
speeding traffic through the neighborhood that we have clocked at 40 miles per hour and no
stopping at stop signs. This was once a very quiet neighborhood. (Simon —1581 Sterling
Street)
AGAINST
1. We are not interested in any business enterprise next to our home. (Sped —1540 Mary
Street).
In addition, two comments on the telephone were against the proposal.
3
REFERENCE INFORMATION
SITE DESCRIPTION
Existing Land Use: Single - Family Home
SURROUNDING LAND USES
Single- family homes to the north, south, east and west
PLANNING
Existing Land
Use Designation:
Existing Zoning:
CRITERIA FOR APPROVAL
Single Dwelling Residential
Single Dwelling Residential
Article II, Section 17 -21(b) of the city's zoning code gives 12 requirements for approval of a home
occupation license. I have attached these requirements on pages 11 and 12.
Application Date
We received the complete application for this home occupation license on June 4, 2002. State
law requires that the city take action within 60 days of receiving complete applications for any
land use proposal. The 60 -day requirement on this proposal ends August 3, 2002. Therefore,
city council action is required on this proposal by July 22, 2002.
P /sec24- 29 /eckoff
Attachments:
1. Location Map
2. Property Line Map
3. Floor. Plan
4. Home Occupation Questionnaire
5. Home Occupation Ordinance
4
Attar hinent 1
NURS S JG HOME D
FAIR GROUNDS
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LOCATION MAP
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2• DERNEti AV.
3. MEADOW DR.
4. RIPLEY AV.
NORTH ST. PAUL
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Attachment 2
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PROPERTY LINE MAP
SITE 6
______
Attachment 3
FLOOR PLAN
4
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Attachment 4
HOME OCCUPATION QUESTIONNAIRE
(Attach a separate page if additional space is needed)
1. Describe your home occupation:
2. How many nonresident employees would work on -site? D How many nonresident
employees would work off -site? How often would off -site employees visit your
home?
I What percentage of each level of your home's floor rea, including the basement, would you use in
conducting the home occupation? ja%
-
4. Where on the premises would the home occupation be conducted?
i J
5. Describe any changes in the outside appearance of the building or property, other than one wall -
mounted sign of not more than two square feet?
6. What percentage of gross sales would come from the sale of a product(s) produced off -site?
7. How many customer or employee vehicles would be parked on the premises at any one time?
8. Describe the type, payload capacity and number of each type of vehicle to be used in the home
occupation and where they would be parked. , j'),
9. What would be the average number of customers expected to visit the premises each week?
The average number of employee /subcontractor visits to the premises each week? �_ What time of
day and which days of the week would you expect these visits to occur?
A/�
10.
11.
Describe any delivery vehicles that will make deliveries or ship products from the property. _Include the
type, amount, hours and frequency of deliveries.
Describe the type of equipment, including ventilation systems, th would be used. Describe how you
would keep the use of this equipment unnoticeable to your
neighbors.
L;L e- at- t 1 2, L)
k * t 14) h /�- .11 U.2 r) I,/ "blj
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12. Describe the amount and type of any chemicals, gasoline, hazardous substances or similar material -that
would be used. Also, describe where these materials will be stored.
010 P,
13. Describe how you would dispose of any hazardous materials.
i
r+ f
Applicant's Signatu 6
.11. - 0 a2 ,
Date
D
Attachment 5
LICENSES § 17 -21
license will be automatically suspended or revoked five
(5) days
after date of hearing.
(Ord. No. 324, § 8 6- 22 -72)
Sec. 17 -5. Same — Period of suspension.
When a license is suspended under section 17 -4 of this article,
the period of suspension shall be not less than. thirty (30) days nor
more than one (1) year, such period being determined by the city
council.
(Ord. No. 324, § 9, 6- 22 -72)
Sec. 17 -6. Same— Mandatory revocation for certain Code
violations.
When any person, partnership, firm or corporation holding issued under this Code has b a
license i
. been convicted for the second
time by a court of competent jurisdiction for violation of an y of the
provisions of this Code relating to the subject matter of such
license, the city council shall revoke the license of the person,
partnership, firth or corporation so convicted. Such person, part-
nership, firm or corporation may not make application for a new
license for a period of one (1) year.
(Ord. No. 324, § 10 6- 22 -72)
Secs. 17- 7- 17 -20. Reserved.
ARTICLE H. HOME OCCUPATIONS*
Sec. 17 -21. License requirements.
(a) Home occupations shall require a license approved by the
city council if any of the following circumstances would occur
more than thirty (30) days each year:
(1) Employment of a nonresident in the home occupation.
*Editor's note -- Section 8 of Ord. No. 627, adopted June 27, 1988, amended
Art. II in its entirely to read as set out herein. Formerly, Art. II comprised §§
17- 21- 17 -25, pertaining to licenses for home occupations and deriving from Ord.
No. 521, § 1, adopted Aug. 23, 1982.
Cross reference—Fee for home occupation permit, § 36 -26.
Supp_ No. 11 1045
i
§ 17-21 MAPLEWOOD CODE '
T
N
(2) Customers or customers' vehicles on the remises.
P ti.... I
4r .
(3) Manufacture, assembly or processing of roducts or mate-
nals on the p
. premises. ;
(4) More than one vehicle associated with •
h the home occupation
which is classified as a light commercial vehicle.
(5) A velucle(s) used in the home occupation, and P arked on
the premises, which exceeds a three - quarter -ton a load '
capacity. P Y
1
(6) If the home occupation produces any waste that should be
treated or regulated.
- (b) Home occupations requiring a license shall '
be subject to,
but not limited to, the following requirements:
(1) No traffic shall be generated b a home '
Y occupation in
greater volumes than would normally be expected in a
residential neighborhood. The need for off- street .
parking ,
shall not exceed more than three (3) off - street arkin
occupation at an P g
spaces for home occu
P y given time, in addition ;
to the parking spaces required by the residents.
(2) No ' more than one (1) nonresident employee shall be
allowed to work on the premises. Nonresident employees
who work off - premises may be allow
y allowed to visit the prem-
ises. If an on -site employee is '
. parking on -site, off-site -
employees shall not leave their vehicles on -site. If there is
no ou -site employee vehicle parked on -site, one (1) off -site
employee vehicle may be parked on -site.
.(3) No vehicle associated with the home occupation, inclu •
P ding
customers or employees, shall be parked on the street or _
block sidewalks or public easements. Private vehicles used
by the residents shall not be included in this requirement.
(4) An area equivalent to no more than twenty (20) percent of
each level of the house, including the basement and ara e
a home occupation
shall be used in the conduct of g g
. .
(5) There shall be no change visible off - premises in the outside
appearance of the building or premises that would indicate
the 1 conduct of a home occupation, other than one sign
. t C) gn
meeting he requirements of the -city sign code.
r '
Supp. No. 11 1046 `
(7) No equipment or process shall be used in such home
occupation which creates noise, 'vibration, light, glare,
fumes, smoke, dust, odors or electrical interference detect-
able to the normal senses off the lot. In the case of electrical
interference, no equipment or process shall be used which
creates visual or audible interference in any radio or
television receivers off the premisej, or causes fluctuations
in line voltage off the premises.
(8) There shall be no fire, safety or health hazards.
(9) A home occupation shall not include the repair of internal
combustion engines, body repair shops, spray painting,
machine shops, wel ding, ammunition manufacturing or
sales, the sale or manufacture of firearms or knives or
other objectionable uses as determined by the city. Ma-
chine shops are defined as places where raw metal is
fabricated, using machines that operate on more than one
hundred twenty (120) volts of current.
(10) Any noncompliance with these requirements shall consti-
tute grounds for the denial or revocation of the home
occupation license.
(11) The city may waive any of these requirements if the home
occupation is located at least three hundred fifty (350) feet
from a residential lot line.
(12) The city council may add any additional requirements that
it deems necessary to insure that the operation of the home
occupation will be compatible with nearby land uses.
(Ord. No. 627, § 8, 6- 27 -88; Ord. No. 729, § 1, 11- 14 -94)
Sec. 17 -22. Original license approval procedure.
An application for home occupation shall be filed with the
director of community d Upon receipt of a complete
application, the director of community development shall prepare
a recommendation to the planning commission. The planning
commission's recommendation shall be forwarded to the city
Supp. No. 11 1047
LICENSES § 17 -22
(6) No more than twenty (20) percent of business income shall
come from the sale of products produced off -site unless ll
1
approved by the city council.
12-
§ 17 -22 MAPLEWOOD CODE
t
i
council for a public hearing. The city council shall hold a public
hearing on the request. Notice of the hearin g shall be mailed to
the owners of all properties located within three hundred
35 feet � ( 0) of the home occupation at least ten (10) days prior to the
date of the hearing. The notice shall also be published in the
official newspaper at least ten (10) days P rior to the date of
hearing. .
(Ord. No. 627, § 8, 6- 27 -88)
1
Sec. 17 -23. Renewal.
Each license holder shall apply to the city lerk each J
ty anuary
for renewal. Prior to issuance of a license renewal, the city. shall
determine that all licensing conditions and city ordinances are
being met. The city clerk shall revoke the license where com li-
ance with the licensing onditions P
g or city ordinances cannot be
obtained or where the home occupation has been discontinued.
Revocation may occur at any time that compliance with license
conditions or city ordinance cannot be obtained.
(Ord. No. 627, § 8 6- 27 -88)
Sec. 17 -24. Appeal.
The owner or his assign of a home occupation whose license has
as
been revoked by the city clerk may appeal the decision to the city
council. To request an appeal, a written letter or request must be
submitted to the city clerk within thirty (3 0) days of the license
revocation. The city council may revoke, - approve or add addi-
tional conditions to the license. The city council shall hold a P ublic
hearing, using the notification procedures in section 17 -22, before
deciding on the appeal.
(Ord. No. 627, § 8 6- 27 -88)
Sec. 1725. Transfer of license.
No license granted for a home occupation shall be transferable
from person to person or place to place.
(Ord. No. 627 § 8,.6-27-88)
Supp. No. 21 1048 [The next page is 10571
13
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
MONDAY, JULY 1, 2002
b. Home Occupation License — Eckhoff Photography (2443 Montana Avenue East)
Mr. Roberts said Ms. Karla Eckhoff is requesting a home occupation license to start and operate
a portrait photography business from her home at 2443 Montana Avenue. The applicants
business would be taking portrait photographs of individuals and families. Ms. Eckhoff would be
using a 12 -foot by 9 -foot den on the first floor of her home as the photography studio.
The applicant would be using lighting in the studio and cameras in the home occupation. Ms.
Eckhoff lives on the premises and would be the only in the home occupation. In
Y p
addition, she would not be developing the pictures at home. The applicant states that she would
receive customer visits between the hours of 10 a.m. and 3 p.m., Monday through Saturday, and
she expects about 15 -20 customers per week.
Mr. Roberts said a majority of the neighbors who responded to a survey are for the home
occupation or had general comments. The most common comment from the neighbors was
about traffic in the neighborhood. Ms. Eckhoff told me that she expects an. average of two or
three customers per day. If the city approves the photography business, the city's home
occupation ordinance allows only residents of the home, plus one outside employee, to be
employed within the business. In addition, the city council may place conditions on the business
to ensure that surrounding residential properties are not negatively impacted.
Commissioner Pearson moved to approve the home occupation license for Ms. Karla Eckhoff of
2443 Montana Avenue to conduct a portrait photography business from her home. This approval
shall be subject to the following conditions: (changes are in bold)
1. Meeting all conditions of the city's home occupation ordinance. This includes that the area of
the home occupation is limited in size to 20 percent of the floor area of the house.
2. Customer hours for this home occupation. are limited from 9 a.m. to 4 p.m., Monday through
Saturday.
3. There shall be no more than 20 customers visiting the home per week.
4. Customers will be requested to park in Ms. Eckhoffs driveway.
Commissioner Rossbach seconded. Ayes — All
The motion passed.
This goes to the city council on July 22, 2002.
Agenda # �
MEMORANDUM
TO: City Manager
FROM: Melinda Coleman MZ000
SUBJECT: Proposed Phosphorus Ordinance
DATE: July 16, 2002
INFORMATION
The State Legislature recently enacted a law restricting the use of phosphorus in lawn
fertilizers. The new law imposes a ban on almost all residential lawn fertilizers
containing phosphorus starting in January 2004. For the seven - county metro area, these
lawn fertilizers will have a phosphorus level of 0 percent. For areas outside the metro
counties, the phosphorus portion of the residential use lawn fertilizer is restricted to 3
percent. These restrictions do not apply to agricultural use. An exception exists for golf
courses, as well as for home - owners /renters with newly sodded or seeded lawns or those
whose soil - tested lawns show a need for additional phosphorus.
BACKGROUND
The City Council adopted first reading of the phosphorus free fertilizer ordinance on July
8, 2002. They also directed staff to meet with Council - members Wasiluk and Juenemann
to further review the sale issue.
DISCUSSION
The law also allows cities to adopt a more restrictive ordinance before August 1, 2002. If
a city chooses to adopt a phosphorus ordinance before this date, their ordinance will be
grandfathered. Any city adopting an ordinance after August 1, 2002, loses its more
restrictive positions when the law takes effect in 2004.
If the city adopts its own ordinance now, it gives us the ability to be more restrictive. A
couple of areas not covered by the state law include the ability to license to commercial
applicators, restricting time of fertilizer applications, restricting applications in wetland
buffers, restricting sales and imposing penalties for violations.
Because of the time constraints put on by the state law, staff has not been able to
coordinate a public information campaign. Staff has sent notice to commercial
applicators and has put the draft ordinance on the web page. If the City Council chooses
to proceed with a phosphorus ordinance we will have to undertake a full -scale education
process and discuss enforcement and penalties.
Based upon discussion with Council, staff has changed the ordinance from the one
adopted at first reading. Language has been added, that prohibits all sales of fertilizers
containing phosphorus. The paragraphs relating to sales restrictions are highlighted in
the ordinance. The sales restriction is proposed to become effective in 2004. The use
restriction will become effective January of 2003.
RECOMMENDATION
It is recommended that City Council adopt the proposed phosphorus ordinance as
attached or with any changes as deemed appropriate.
Attachments: Proposed Phosphorus Ordinance
ORDINANCE NO.
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS
AND REGULATING THE USE OF FERTILIZER
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS:
SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide:
COMMERCIAL FERTILIZER APPLICATION
17 -7 -1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determine the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality may be improved if the-amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to
maintain and promote the improvement of lake, pond and wetland resources that the residents
of Maplewood and other users enjoy.
17 -7 -2: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying
fertilizer for hire.
FERTILIZER: A substance containing one or more recognized plant nutrients that is
used for its plant nutrient content and designed for use of or claimed to have value in
promoting plant growth. Fertilizer does not include animal and vegetable manures that
are not manipulated, marl, lime, limestone, and other products exempted by Rule by the
Minnesota Commissioner of Agriculture.
17 -7 -3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first
obtaining a license from the City as provided herein.
17 -7-4: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective January 1, 2004,
no person, firm, corporation, franchise, or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Maplewood that contains any amount of
phosphorus.
17 -7 -5: LICENSE APPLICATION: All applications for a license required under this section shall
be made on a form furnished by the City and submitted to the City, together with the licensing
fee established by the City Council.
17 -7 -6: CONDITIONS OF LICENSE: The licensee shall comply with the following requirements:
a. Random Sampling: During the term of the license, the licensee shall permit the
City to obtain a sample of any fertilizer to be applied within the City.
b. Possession of License: The license, or a copy thereof, shall be in the possession of
the licensee or its employees or agents when they are applying fertilizer in the City.
c. Timing of Application: No fertilizer application shall be made when the ground is
frozen and not between November 15 through April 1 of the succeeding year.
d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not
apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer
applied, spilled, or deposited, either intentionally or accidentally, on impervious
surfaces shall be immediately and completely removed by the licensee before
leaving the site.
e. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones
as outlined in City Ordinance 9 -196, or within 25 feet of the edge of any wetland,
pond, or lake.
f. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the
City that contains any amount of phosphorus or other compounds containing
phosphorus, such as phosphate. The provisions of this paragraph about fertilizer
content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. In turf areas that soil tests confirm are below phosphorus levels established
by the University of Minnesota Extension Service. The lawn fertilizer
application shall not contain an amount of phosphorus exceeding the amount
of phosphorus and the appropriate application rate recommended in the soil
test evaluation.
3. Record keeping: The licensee shall be responsible for maintaining a record of
the pounds of phosphate, expressed as P205 per 1,000 square feet of land,
applied to each site by the licensee during the year, and a record of the soil
test confirming the need for phosphorus.
17 -7 -7: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee,
while engaged in the performance of their duties for the licensee under the license, shall be
deemed the conduct of the licensee.
17 -7 -8: NON - COMPLIANCE: Failure to comply with any requirement set forth in the Chapter
shall constitute sufficient cause for the revocation of the license by the City Council following a
public hearing.
17 -7 -9: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder is
effective for the period of January 1 to the following December 31 and must be renewed
annually by the licensee. The city shall not prorate any license fee. A license issued hereunder
is not transferable and any change in ownership of the licensed business shall terminate the
license.
17 -7 -10: REVIEW: If statutory provisions are adopted subsequent to the adoption of this
Chapter that address phosphors levels in fertilizer, the City Council shall review this Chapter
for possible revisions or repeal.
17 -7 -11: ENFORCEMENT: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor
punishable in accordance with law.
SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9 -200 to 9 -205
to provide:
DIVISION 5
LAWN FERTILIZER
9 -200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determined the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality may be improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to
maintain and promote the improvement of lake, pond and wetland resources that the residents
of Maplewood and other users enjoy.
9 -201: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
FERTILIZER: A substance containing one or more recognized plant nutrients that is
used for its plant nutrient content and designed for use of or claimed to have value in
promoting plant growth. Fertilizer does not include animal and vegetable manures that
are not manipulated, marl, lime, limestone, and other products exempted by Rule by the
Minnesota Commissioner of Agriculture.
9 -202: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective January 1, 2004,
no person, firm, corporation, franchise, or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Maplewood that contains any amount of
phosphorus.
9 -203: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn
fertilizer is subject to the following restrictions:
a. Timing of Application: No fertilizer application shall be made when the ground is
frozen and not between November 15 through April 1 of the succeeding year.
b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited
on impervious surfaces. Any fertilizer applied, spilled, or deposited, either
intentionally or accidentally, on impervious surfaces shall be immediately and
completely removed.
c. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones
as outlined in City Ordinance 9 -196, or within 25 feet of the edge of any wetland,
pond, or lake.
d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within
the City that contains any amount of phosphorus or other compounds containing
phosphorus, such as phosphate. The provisions of this paragraph regarding
fertilizer content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. On turf areas which soil tests confirm area below phosphorus levels established
by the University of Minnesota Extension Service. The lawn fertilizer application
shall not contain an amount of phosphorus exceeding the amount of phosphorus
and the appropriate application rate recommended in the soil test evaluation.
9 -204: NOTICE REQUIREMENT: Retail businesses in Maplewood selling ertilizer shall post a
g p
notice in a conspicuous location near the fertilizer notifying customers of the limitation on the
use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter.
9 -205: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
9 -206: VIOLATIONS: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of
this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the
penalties imposed by Minnesota Statutes for petty misdemeanor offenses.
SECTION 3: This ordinance shall go into effect six months after the City Council passes it. The
sale restriction shall go into effect January 1, 2004.
ADOPTED this day of
of Maplewood, Minnesota.
CITY OF MAPLEWOOD
BY:
Robert Cardinal, Mayor
ATTEST:
, 2002 by the City Council of the City
Karen Guifoile, City Clerk
AGENDA ITEM I
AGENDA REPORT
TO: City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: Hillcrest Animal Hospital Water Main Improvements, City Project 01 -28: Resolution
Accepting Bids and Awarding Construction Contract
DATE: July 16, 2002
Introduction
On June 24, 2002, the city council approved a resolution that approved the project plans and authorized
the receiving of bids for the Hillcrest Animal Hospital Water Main Improvement Project at County Road
D and TH 61. Those bids were received and opened by the engineering staff on Friday, July 12, 2002.
Award of a construction contract is recommended.
Background and Budget Impact
The proposed project includes providing a tunnel crossing under TH 61 from the east side to the west
side at the County Road D intersection. The tunneling is necessary to eliminate a need to close TH 61.
The water main will Abe extended to the Hillcrest Animal Hospital, which is upgrading their site and needs
public water for the improvements. A future extension of this water main be needed to complete the
area water system
The proposed improvements will be financed through an amendment to the water system agreement
between the City of Maplewood and the St. Paul Regional Water Services ( SPRWS). The agreement,
which has tentatively been approved by the engineering staff and SPRWS staff, is consistent with the
water system agreerent and the project feasibility report. In general, the agreement provides that
SPRWS will pay 100% of the cost of the tunneling portion of the project, Maplewood will pay the
equivalent cost for extending the water main past the development property (Hillcrest Animal Hospital),
and the SPRWS will pay for the non - assessable frontage (the Vadnais Heights side), along with main
oversizing. A final agreement will be available for approval within the next 2 -4 weeks.
Three bids were received for the project as follows:
1. U.S. Boring, Inc.
2. Park Construction Company
3. Barbarossa and Sons, Inc.
$ 68,740.00
$120,040.00
$137,645.00
All bids have been checked and the low bid is 24% below the engineer's estimate of $90,000. U.S.
Boring, Inc. is a small contractor from White Bear Lake. While they have not performed previous
projects for the city, their references appear positive, and the performance bonding requirements of the
contract should protect the city. Given this information, an award of contract is recommended.
Recommendation
It is recommended that the city council approve the attached resolution Accepting the Bids and
p g
Awarding a Construction Contract to U.S. Boring, Inc. in the amount of $68,740.00 for the
Hillcrest Animal Hospital Water Main Improvement, City Project 01 -28.
RCA
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Attachments: Resolution
Site Map-
RESOLUTION
ACCEPTING BIDS
AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to an advertisement for bids for the improvement of the Hillcrest Animal
Hospital Water Main Improvements (T.H. 61 and County Road D), Project 01 -28, bids were received,
opened and tabulated according to law, and the following bids were - received complying with the
advertisement:
1. U.S. Boring, Inc. $ 68
2. Park Construction Company $120,040.00
3. Barbarossa and Sons, Inc. $137,645.00
AND WHEREAS, it appears that U.S. Boring, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into the
attached contract with U.S. Boring, Inc. in the name of the City of Maplewood for the improvement of the
Hillcrest Animal Hospital Water Main Improvements (T.H. 61 and County Road D), Project 01 -28,
according to the plans and specifications therefore approved by the City Council and on file in the office
of the City Engineer.
2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
Adopted by the City Council this 22n day of July 2002.
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City ofMaplewood
DEPARTMENT oF PuBLic WORKS
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ENGINEER ING DIVISION COUNTY
ROAD D
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MoWswoatl, Min 53109 p
(651) 770-4550 FAX (651) 770 -4808 CI 01 �Zp
'"I f" EXHIBIT 1
PROJECT LOCATION MAP
— PROJECT AREA
— COUNTY ROAD D
WATER MAIN EXTENSION
HILLCREST ANIMAL HOSPITAL
rte_. e �� WII/lE BEAR LAKE
AGENDA NO, t4wj
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cler
k K k
DATE: July 15, 2002
RE: Adult Uses and Sexually - Oriented Businesses Ordinance Amendment
Introduction
At the February 11, 2002 council meeting, the City Council imposed a six month moratorium on
Adult Use and Sexually - Oriented Businesses. The moratorium is set to expire on August 11,
2002.
Background
The current code was passed in February of 1996, with input from City Attorney Kelly and
Assistant City Manager Coleman. The ordinance was written, in part, to restrict these types of
businesses from a zoning standpoint. There has never been an investigation or a license fee
established.
License Fee — The criteria the city uses for setting license fees is based on time involved
in administering and monitoring the type of license. An opinion from our attorney's
office indicates that the council may set a fee for the license at a higher amount in order
to discourage the number of applicant's for the license but must meet the test of
reasonableness. The City Attorney's office indicated a fee $500 - $1,500 is within
reason.
Investigation Fee - State guidelines for investigation fees (Minnesota State Statute
340A.412), (revised in 2001), for Liquor Licenses maybe charged as follows: The fee
may not exceed $500 if the investigation is conducted within the state. The fee may not
exceed the actual cost of the investigation, but not more than $10,000 if the investigation
is required outside the state.
Deputy Chief Thomalla recommends that the same type of investigation be done as is
done for intoxicating liquor license applicants. It is the most extensive background check
that is done on any applications for licenses within the city.
In the event that it is necessary to conduct and complete the investigation out of state, any
costs associated will be charged as actual costs not to exceed $10,000.
Recommendation
Accept the revised Adult Uses and Sexually - Oriented Businesses Ordinance, set fee for Adult
Use license and accept investigation fee recommendation.
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, AMENDING THE
CITY CODE ABOUT THE LICENSING OF ADULT USES AND SEXUALLY -
ORIENTED BUSINESSES
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE
MAPLEWOOD CODE OF ORDINANCES (THE ADDITIONS IN ITALICS AND THE
DELETIONS ARE CROSSED OUT):
SECTION 1. This section revises the following parts of the Maplewood City Code:
CHAPTER 17.4
ADULT USES AND SEXUALLY - ORIENTED BUSINESSES
Sec. 17.4. Adult Uses and Sexually - Oriented Businesses.
A. Findings and Purposes.
1. The purpose of this ordinance is to control, through licensing and zoning regulations,
certain land uses that have a direct and detrimental effect on the character of the
City's residential and commercial neighborhoods.
2. The Maplewood City Council makes the following findings about the effect adult
uses and sexually - oriented businesses have on the character of the City's
neighborhoods. In making the findings, the City Council accepts the
recommendations of staff that has studied the experiences of other urban areas about
such businesses. Based on studies and findings, the Maplewood City Council
concludes:
(a) Adult uses and sexually - oriented businesses can contribute to an increase
in crime in the area where such businesses are located. This can be a
burden to City crime- prevention programs and law- enforcement services.
(b) Adult uses and sexually - oriented businesses can significantly contribute to
the deterioration of residential neighborhoods and can increase
neighborhood blight. These businesses also can impair the character and
quality of the residential housing in the area where such businesses are.
This situation could lessen the amount of desirable housing for residents.
(c) The concentration of adult uses and sexually - oriented businesses in one
area can greatly affect the area where such businesses are concentrated and
on the quality of urban life. A cycle of decay can result from the influx and
concentration of adult uses and sexually - oriented businesses. Others may
perceive the presence of such businesses as an indication that the area is
deteriorating and the result can be devastating. That is, other businesses
move out of the vicinity and residents flee from the area. Lower property
values, that can result from the concentration of such businesses, erode the
city's tax base and contribute to urban blight.
(d) Adult uses and sexually - oriented businesses have adverse secondary
impacts of the types discussed above.
(e) It is necessary to provide for the special and express regulation of
businesses, establishments or commercial enterprises that operate as adult
body painting studios, adult bookstores, adult cabarets, adult car washes,
adult companionship establishments, adult hotels or motels, adult massage
parlors or health clubs, adult mini - motion picture theaters, adult modeling
studios, adult motion picture arcades or theaters, adult novelty businesses,
adult saunas, and similar adult- oriented services operating under different
names to protect the public health, safety and welfare, and to guard against
the inception and transmission of disease.
(fj The commercial enterprises such as the types described in (e) above and all
other similar establishments whose services include sessions offered to adults
conducted in private by members of the same or opposite sex, and employing
personnel with no specialized training are susceptible to operations
contravening, subverting, or endangering the morals of the City by being the site
of acts of prostitution, illicit sex, and occasions of violent crimes, and thus
requiring close inspection, licensing and regulation.
(g) Control and regulation of commercial establishments of these types, in
view of the abuses often perpetrated, require intensive efforts by the police
department and other departments of the City. It is necessary for the City
to provide services to all of Maplewood without concentrating the public
services in one area. The concentrated use of City services detracts from
and reduces the level of service available to the rest of Maplewood. Thus
these types of establishments can diminish the ability of the City to protect
and promote the general health, welfare, morals and safety of Maplewood.
(h) The City Council adopts the following land -use and licensing regulations,
recognizing that it has an interest in the present and future character of the City's
residential and commercial neighborhoods. These regulations are to lessen the
detrimental and adverse effects adult uses and sexually - oriented businesses have
on adjacent land uses and to protect and promote the health, safety and welfare
of the residents of Maplewood.
It is not the intent of the City Council to prohibit adult uses or sexually- oriented
businesses or establishments from having an opportunity to locate in
Maplewood. It also is not the intent of the City Council to regulate these
businesses on the basis of content, but only on the basis of likely adverse
secondary effects.
B. Definitions. The following words shall have the following meanings:
1. Adult uses: adult body painting studios, adult bookstores, adult cabaret, adult car
wash, adult hotels or motels, adult motion picture theaters, adult mini - motion picture
theaters, adult massage parlors, adult health/sports clubs, adult saunas /steam
rooms/bath houses, adult companionship establishments, adult rap /conversation
parlors, adult novelty businesses, adult motion picture arcades, adult modeling
studios, and all other premises, enterprises, establishments, businesses, and places
open to some or all members of the public at or in which there is an emphasis on the
presentation, display, depiction, or description of "specified sexual activities" or
specified anatomical areas" which the public could see. This definition does not
apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy
or podiatry by state - licensed or registered persons as outlined in Chapter 24 of the
City code. Activities classified as obscene as defined by Minnesota Statutes '617.241
are not lawful and are not included in the definition of adult uses.
2. Adult Use - Accessory: The offering of goods and /or services classified as adult uses
on a limited scale that are incidental to the primary activity and goods and/or services
offered by the establishment. Examples of such items include adult magazines, adult
movies, adult novelties, and the like.
3. Adult Uses - Principal: The offering of goods and/or services classified as adult uses
as a primary or sole activity of a business or establishment, and include but are not
limited to the following:
(a) Adult Body Painting Studio: An establishment or business that provides
the service of applying paint or other substance, whether transparent or
nontransparent, to or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas."
(b) Adult Bookstore: An establishment, building or business engaging in the
barter, rental, or sale of items or merchandise consisting of printed matter,
pictures, slides, records, audiotapes, videotapes, computer or video disks,
motion picture film, or any other similar materials, if such a shop is not
open to the public generally but only to one or more classes of the public,
excluding any minor because of age, if more than twenty (20) percent of
the usable floor area of the establishment, building or business, or if at
least 500 square feet, whichever is smaller, has products or materials
distinguished or characterized by an emphasis on matters depicting,
describing or related to "specified sexual activities" or "specified
anatomical areas."
(c) Adult Cabaret: An establishment, building or business that provides
dancing or other live entertainment if such dancing or other live
entertainment is distinguished or characterized by an emphasis on the
performance, presentation, display, depiction, or description of "specified
sexual activities" or "specified anatomical areas."
(d) Adult Car Wash: A wash facility for any type of motor vehicle that allows
employees, agents, independent contractors, or persons to appear in a state
of partial or total nudity in terms of specified anatomical areas.
(e) Adult Companionship Establishment: An establishment or business if
such establishment excludes minors because of age, or which provides the
service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service
is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
(f) Adult Entertainment Facility: A building or space in which an admission is
charged for entrance, or food or nonalcoholic beverages are sold or
intended for consumption, and in which may be observed live presentation
of entertainment distinguished or characterized by an emphasis on matters
depicting, describing, or relating to specified sexual activities or specified
anatomical areas.
(g) Adult Establishment: An establishment, building or business engaging in
any of the following activities or which uses any of the following business
procedures or practices; either:
(1) Any business conducted exclusively for the patronage of adults
and about which minors are specifically excluded from
patronage thereat either by law or by the operators of such
business; or
(2) Any other business that offers its patrons services, products or
entertainment characterized by an emphasis on matter depicting,
exposing, describing, discussing or relating to specified sexual
activities or specified anatomical areas."
Specifically included in the term, but without limitation, are adult
bookstores, adult motion picture theaters, adult mini - motion picture
theaters, adult massage parlors, adult health clubs, adult saunas, adult
companionship establishments, adult health clubs, adult cabarets,
adult car washes, adult novelty businesses, adult motion picture
arcades, adult modeling studios, adult hotel or motel, and adult body
painting studios.
(h) Adult Hotel or Motel: A hotel or motel from which minors are specifically
excluded from patronage and in which material is presented that is
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas.
(i) Adult Massage Parlor, Health/Sport Club: A massage parlor or
health/sport club that restrict minors because of age, which provide the
services of massage, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
(j) Adult Mini - Motion Picture Theater: A business, building or establishment
in an enclosed building with a capacity for less than 50 persons used for
presenting visual media material if such business as a prevailing practice
excludes minors by virtue of age, or if said material is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas" for observation by patrons.
(k) Adult Modeling Studio: An establishment or business whose major
business is the provision, to customers, of figure models who are so
provided with the intent of providing sexual stimulation or sexual
gratification to such customers who engage in specified sexual activities or
display specified anatomical areas while being observed, painted, painted
upon, sketched, drawn, sculptured, photographed, or otherwise depicted by
such customers.
(1) Adult Motion Picture Arcade: Any building or place to which the public is
allowed or invited in which coin or slug- operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors,, computers, or other image - producing devices that show images
to five or fewer persons per machine at once, and where the images so
displayed are distinguished or characterized by an emphasis on depicting
or describing "specified sexual activities" or "specified anatomical areas."
(m) Adult Motion Picture Theaters: A business premises within an enclosed
building with a capacity of 50 or more persons used for presenting visual
media material if said business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
(n) Adult Novelty Business: A business that has at least twenty percent (20 %)
of its floor area as a principal activity the sale of materials or devices that
stimulate human genitals or devices designed for sexual stimulation or
which depict or relate to specified sexual activities or specified anatomical
areas.
(o) Adult Sauna/Steam Room/Bathhouse: A sauna/steam room/bathhouse that
excludes minors because of age, or which provides a steam bath or heat
bathing room used for bathing, pleasure, relaxation, or reducing, utilizing
steam or hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna/steam room/bathhouse is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas."
4. Licensed family day -care home, licensed group family day -care home, licensed child-
care center: A facility holding a license from Ramsey County or Minnesota pursuant
to Minnesota Statutes, Chapter 245A, and /or Minnesota Rules, Chapter 9502 or
Chapter 9503, as amended.
5. Minor: Any natural person under the age of eighteen (18) years.
6. Nudity: The showing of the human male or female genitals or pubic area with less
than a fully opaque covering; the showing of the female breast with less than a fully
opaque covering of any portion thereof below a point immediately above the top of
the areola; or the depiction or showing of the covered male genitals in a discernibly
turgid state.
7. Public Library : Any library that provides free access to all residents of a City or
county without discrimination and is organized under the provisions of Minnesota
Statutes, Chapter 134.
8. Public Park: A park, reservation, open space, playground, beach, or recreation or
community center in the City owned, leased, or used, wholly or in part, by a City,
county, state, school district or federal government for recreation purposes.
9. Place of Worship: A building or space that is principally used as a place where
people of the same faith or religion regularly assemble for worship.
10. School: A building or space that is principally used as a place where twenty -five (25)
or more persons receive a full course of educational instruction. Any post - secondary
or post -high school educational building, including any college or any vocational -
technical college, shall not be deemed a school for purposes of this ordinance.
11. Sexually - Oriented Business: An adult book store, adult body painting studio, adult
car wash, adult cabaret, adult hotel or motel, adult companionship establishment,
adult motion picture theater, adult mini - motion picture theater, adult massage parlor,
adult entertainment facility, adult health or sports clubs, adult novelty business, adult
modeling studio, or adult sauna as defined herein. Activities classified as obscene as
defined by Minnesota Statutes '617.241 are not lawful and are not included in the
definition of adult uses.
12. Specified Anatomical Areas: Anatomical areas consisting of:
(a) Less than completely and opaquely covered human genitals, pubic region
or pubic hair, buttock, anus, or female breast or breasts below a point
immediately above the top of the areola or any combination of the
foregoing; and
(b) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
13. Specified Sexual Activities: Activities consisting of the following:
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral -anal copulation, bestiality, direct physical stimulation or fondling of
unclothed genitals, pubic region, buttock or female breast, flagellation or
torture in a sexual relationship, or the use of excretory functions in a sexual
relationship, and any of the following sexually - oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy,
zooerasty; or
(b) Human genitals in the state of sexual stimulation, arousal or tumescence;
or
(c) Use or acts of human or animal ejaculation, sexual intercourse, sodomy,
oral copulation, coitus, or masturbation; or
(d) Fondling or touching of human genitals, pubic region or pubic hair,
buttocks, or female breast or breasts; or
(e) Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, who are engaged in
activities involving the flagellation, torture, fettering, binding or other
physical restraint of any such person; or
(f) Erotic or lewd touching, fondling or other sexually- oriented contact with
an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(h) Any combination of the above.
C. Licenses.
1. License Required. No person, firm, or corporation shall own or operate an adult use or
sexually - oriented business in Maplewood without having first secured a license as
provided herein. Licenses shall be one of two types:
(a) Adult Use Principal
(b) Adult Use Accessory
2. Applications. The City shall prepare an application for an adult use principal or
sexually- oriented business license. This application shall include:
(a) The name, residence, phone number and birth date of the applicant, if an
individual; and if a corporation, the names, residences, phone numbers and
birth dates of those owners holding more than five percent (5 %) of the
issued and outstanding stock of the corporation.
(b) The name, address, phone number and birth date of the operator and
manager of such operation, if different from the owners;
(c) The address and legal description of the building, establishment or
premises where the adult use or sexually - oriented business is to be located;
(d) A statement detailing each gross misdemeanor or felony relating to a sex
offense and /or the operation of adult uses and related activities of which
the applicant or, for a corporation, the owners of more than five percent
(5 %) of the outstanding stock of the corporation, have been convicted, and
whether the applicant has ever applied for or held a license to operate a
similar type of business in other cities.
(e) The activities and types of business to be conducted;
(f) The hours of operation;
(g) The provisions made to restrict access by minors;
(h) A building plan of the premises detailing all internal operations and
activities;
(i) A description or building plan that details all proposed interior and exterior
changes to an existing building or structure.
3. License Fees.
(a) Each application for a license shall be accompanied by a receipt from the
City Clerk for payment in full of the required application
and investigative fee for the license as established by the City Council. All
fees shall be paid into the general fund of the City.
(b) All licenses shall expire on the last day of December in each year.
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(c) The annual fee for an adult -use or sexually-oriented business license shall
be as established by the City Council.
(d) Each application shall contain a provision on the application in bold print
stating that any withholding of information or the providing of false or
misleading information will be grounds for the denial or revocation of a license.
Any changes in the information provided on the application or provided during
the investigation shall be reported to the City Ck--/%eH%1%fmL - Clerk and the
Investigating Officer by the applicant and or licensee. If said
changes take place during the investigation, the data shall be provided to the
Police o Chief or City Clerk in writing. N-./.L %,. + %1 A. &% 1 .7
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by the applicant(s) or the licensee may result in a denial or revocation of a
license.
4. Granting of License.
(a) The City shall investigate all facts set out in the application. After the City
finishes its investigation, tlh @ 1i tF' `hfifl held % ;nu LI,^ L ;a a An d Q L a II
_ __ __ r-e�� ° : and reviews the finding, the
application will be approved or denied b the City Manag or his
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designee.
(b) The City shall only issue the license to the applicant. The license shall not
be transferred to another holder. The City shall only issue each license for
the premises or location described in the application. No license may be
transferred to another place without the approval of the City Council.
5. Persons Ineligible for License. The City shall not grant a license to nor may one be
held by any person who:
(a) Is under twenty -one (21) years of age.
(b) Has been convicted of a felony or of violating any Minnesota law.
(c) Is not the proprietor of the establishment for which the license is issued.
(d) Has not paid the license and investigative fees required by this ordinance.
(e) Is not a citizen of the United States.
(f) Has had an adult use or similar license or permit revoked under an
ordinance or statute similar to this.
6. Places Ineligible for License.
(a) No license shall be granted for adult uses or sexually-oriented business on
any premises where a licensee has been convicted of a violation of this
Chapter, or where any license hereunder has been revoked for cause, until
one (1) year has elapsed after such conviction or revocation.
(b) Except uses lawfully existing at the time of this Ordinance adoption, no
license shall be granted for any adult use or sexually-oriented business that
does not meet all City code requirements, all building and fire code
requirements and all provisions of state and federal law.
7. Nonconforming Uses. Any adult use or sexually - oriented business existing on the
effective date of the adoption of this ordinance may be continued subject to the
following provisions:
(a) No such adult use or sexually- oriented business shall be expanded or
enlarged except in conformity with the provisions of this ordinance;
(b) A nonconforming adult use or sexually - oriented business shall be required
to apply for and receive an adult use license from the City. �- 't � doe
8. Conditions of License - Generally.
(a) Every license shall be granted subject to the conditions in the following
subdivisions and all other provisions of this chapter, and of any applicable
sections of the Maplewood City Code, state and federal law.
(b) All licensed premises shall have the license posted in a conspicuous place.
(c) No minor shall be allowed in or on the premises of an adult use or
sexually- oriented business.
(d) Any designated inspection officer or law enforcement officer of the City
shall have the right to enter, inspect, and search the premises of a licensee
during business hours.
(e) Every licensee shall be responsible for the conduct of their dace of
business and shall maintain conditions of this ordinance and the City code.
(f) No adult goods, materials or services shall be offered, sold, transferred,
conveyed, given, displayed, or bartered to any minor.
9. Conditions of License - Adult Use Principal.
The City permits adult use principal and sexually - oriented businesses only in the
M -1 (light manufacturing) a T 2 4 L°^ %n I' zoning districts
subject to the following conditions:
(a) No adult use principal or sexually - oriented business shall be located closer
than 1,000 feet from any other adult use principal or sexually - oriented
business in any City. Measurements shall be made in a straight line,
without regard to City boundaries, intervening structures or objects, from
the nearest point of the actual business premises of the adult use principal
or sexually - oriented business to the nearest point of the actual business
premises of any other adult use principal or sexually - oriented business.
(b) No adult use principal or sexually - oriented business shall be located closer
than 350 feet from any residential lot line, place of worship, school, public
park, open space, licensed family day -care home, licensed group family
day -care home, public library, or licensed child -care or day -care center in
any City. Measurements shall be made in a straight line, without regard to
City boundaries, intervening structures or objects, from the nearest point of
the actual business premises of the adult use principal or sexually - oriented
business to the nearest property line of the premises or building used as a
dwelling or residence, place of worship, school, public park, open space,
licensed family day -care home, licensed group family day -care home,
public library, or licensed child -care or day -care center.
(c) No adult use principal or sexually-oriented business shall be located closer
than 350 feet from any residential lot line, any residential zoning district or
any residential planned unit development (PUD) in any City.
Measurements shall be made in a straight line, without regard to City
boundaries, intervening structures or objects, from the nearest point of the
actual business premises of the adult use or sexually- oriented business to
the nearest residential lot line, boundary of the residential zoning district or
planned unit development (PUD).
(d) All adult uses and sexually- oriented businesses must follow all of this
code.
(e) The City prohibits any building owner or operator from having more than
one (1) of the following uses, tenants or activities in the same building or
structure:
Adult Body Painting Studio
Adult Book Store
Adult Cabaret
Adult Car Wash
Adult Companionship Establishment
Adult Entertainment Facility
Adult Hotel or Motel
Adult Modeling Studio
Adult Sauna/Steam Room/Bath House
Adult Motion Picture Theater
Adult Mini - Motion Picture Theater
Adult Massage Parlor
Adult Health/Sports Club
Adult Novelty Business
Any business or establishment in which there is an emphasis on
the presentation, display, depiction, or ascription of "specified
sexual activities" or specified anatomical areas" that the public
could be see.
(f) An adult use principal and sexually - oriented businesses shall not sell or
dispense nonintoxicating or intoxicating liquors, nor shall it be located in a
building that contains a business that sells or dispenses nonintoxicating or
intoxicating liquors.
(g) No adult use principal and sexually - oriented businesses entertainment shall
engage in any activity or conduct or permit any other person to engage in
any activity or conduct in or about the adult use establishment that is
prohibited by any ordinance of Maplewood, the laws of the State of
Minnesota, or the United States of America. Nothing in this ordinance
shall be construed as authorizing or permitting conduct that is prohibited or
regulated by other statutes, ordinances, including but not limited to statutes
or ordinances prohibiting the exhibition, sale or distribution of obscene
material generally, or the exhibition, sale or distribution of specified
materials to minors.
(h) No adult use principal or sexually - oriented businesses shall be conducted
in any manner that permits the perception or observation from any property
not approved as an adult use of any materials depicting, describing or
related to "Specified Sexual Activities" or "Specified Anatomical Areas"
by any visual or auditory media, including display, decoration, sign, show
window, sound transmission or other means.
(i) All adult use principal and sexually - oriented businesses shall prominently
display a sign at the entrance and located within two feet of the door -
opening device of the adult -use establishment or section of the
establishment devoted to adult books or materials which states: "This
business sells or displays material containing adult themes. Persons under
age 18 years of age shall not enter."
(j) No person under the age of 18 shall be permitted on or in the premises of
an adult use or sexually- oriented business establishment. No person under
the age of 18 shall be permitted access to material displayed, offered for
sale, given, transferred, conveyed or rented by an adult use or sexually -
oriented business.
(k) Adult use principal and sexually - oriented businesses shall not be open
between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
10. Conditions of License - Adult Use Accessory.
The City may issue adult use accessory licenses to businesses or establishments
located in the BC, SC (shopping center) and M -1 Zoning Districts subject to the
following requirements:
(a) The adult use - accessory shall comprise no more than twenty (20) percent
of the floor area, or up to 500 square feet, whichever is smaller, of the
is establishment, space, structure or building in which it located.
(b) Display areas for adult movie or video tape rentals or other products shall
be restricted from general view and shall be located within a separate
room, for which the access is in clear view and in the control of the person
responsible for the operation.
(c) Magazines and publications or other similar products classified or
qualified as adult uses shall not be accessible to minors and shall be
covered with a wrapper or other means to prevent display of any materials
other than the publication title.
(d) Adult use - accessory shall be prohibited from both internal and external
advertising and signing of adult materials and products.
11. Revocation, Suspension or Nonrenewal of License.
(a) The City Council may revoke, suspend, or not renew a license upon
recommendation of the City manager that shows the licensee, its owners,
managers, employees, agents or any other interested parties have engaged
in any of the following conduct:
(1) Fraud, deception or misrepresentation about securing the license.
(2) Habitual drunkenness or intemperance in the use of drugs including,
but not limited to, the use of drugs . defined in Minnesota Statutes,
Section 618.01, barbiturates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexedrine or other sedatives, depressants, stimulants or
tranquilizers.
(3) Engaging in conduct involving moral turpitude or permitting or allowing
others within their employ or agency to engage in conduct involving moral
turpitude or failing to prevent agents, officers, or employees in engaging in
conduct involving moral turpitude.
(4) Failure to follow any requirements of the ordinances of Maplewood about
sanitary and safety conditions, zoning requirements, building code
requirements or ordinances, the violation of which involves moral
turpitude, or failure to follow the requirements of this ordinance.
(5) Conviction of an offense involving moral turpitude.
(b) The certificate holder may appeal such suspension, revocation or
non - renewal to the City Council. The Council shall consider the
appeal at a regularly scheduled public hearing on or after ten
days from service of the notice of appeal to the City Manager.
At the conclusion of the hearing, the Council may order:
(1) That the revocation, suspension or Nonrenewal be
affirmed.
(2) That the revocation, suspension or Nonrenewal be
lifted and that the certificate be returned to the
certificate holder.
(3) The Council may impose, at their discretion, any
additional terms, conditions or stipulations for the
suspension or issuance of the certificate.
D. Sign Restrictions.
The following sign regulations shall apply to all adult use and sexually - oriented businesses
10
in the City. These regulations are to protect children from exposure to sexually-oriented or
shocking y
s g signs and materials and to preserve the value of property near adult use and
sexually - oriented businesses. These regulations are aside from any other provision of the
City code.
1. All signs shall be flat wall or freestanding signs. No signs shall be located on the
roof, or contain any flashing lights, moving elements, or electronically or
mechanically- changing messages.
2. The City's sign regulations for the zoning district where the business is located shall
regulate the amount of allowable sign area and the number of allowed signs for an
adult use or sexually - oriented business.
3. No merchandise, photos, or pictures of the products or entertainment on the premises
shall be displayed in window areas or any area where they can be viewed from the
sidewalk or public right -of -way adjoining the building or structure in which the adult
use or sexually - oriented business is located.
4. No signs shall be placed in any window. A two (2) square -foot sign may be placed on
the door to state hours of operation and admittance to adults only.
E. Penalty.
Any person violating any provision of this ordinance is guilty of a misdemeanor and upon
conviction shall be punished not more than the maximum penalty for a misdemeanor as
prescribed by state law.
F. Severability.
If any section, subsection, sentence, clause or phrase of this code amendment is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this code amendment. The Council declares that it would have adopted the
code amendment and each section, subsection, sentence, clause or phrase of it, irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases are
declared invalid.
SECTION 2. This section adds the following to the Maplewood City Code:
Sec. 36 -186 (13) Adult Use Principal, Sexually- Oriented Businesses and Adult Use Accessory
subject to the requirements in Chapter 17.
SECTION 3. This section adds the following to the Maplewood City Code:
Sec. 36- 173(a)(12)
(12)Adult Use Accessory.
The City may issue adult use accessory licenses to businesses or establishments located in
SC (shopping center) Zoning District subject to the requirements in Chapter 17 and the
following requirements:
a. The adult use - accessory shall comprise no more than twenty (20) percent of the
floor area of the establishment or building in which it is located.
b. Display areas for adult movie or video tape rentals or other similar products shall be
restricted from general view and shall be located within a separate room, the access of
which is in clear view and under the control of the person responsible for the operation.
C. Magazines and publications or other similar products classified or qualified as adult uses
shall not be accessible to minors and shall be covered with a wrapper or other means to
prevent display of any materials other than the publication title.
d. Adult use - accessory shall be prohibited from both internal and external advertising and
signing of adult materials and products.
IV
e. The City also shall apply all applicable parts of Chapter 17 of the City code when
considering an adult use accessory license request in the SC zoning district.
SECTION 4. This ordinance shall take effect after the City Council approves it and the official
newspaper publishes it.
The Maplewood City Council approved this ordinance on . 9 2002.
12
Maplewood Fire
Flerno
A IteM
Department
AGENDA REPORT
Aon by Council
To: Richard Fursman, City Manager
Date
From: Steve Lukin, Fire Chief &dorscd
CC: City Clerk Modified
Date: 07/01/2002
Re: Firework's Ordinance
RACKnPn1INn
As I am sure you are all aware, the 2002 legislation passed a fireworks ordinance allowing for certain
types of fireworks to be sold within the state of Minnesota to people over the age of 18. The Minnesota
statute is quite open; therefore, we felt that it was important to put together an ordinance that we felt
would be good for the residents of Maplewood and the retailers.
In working with Patrick Kelly's Office, the League of Cities, Fire Marshal Gervais and the surrounding
fire departments, we believe we have one that meets our needs as well as our customers. There are
some city ordinances out there that are much more restrictive and other cities just adopted the State
quidelines.
The biggest thing that you will notice in this ordinance is that we will longer allow tent sales to be setup
in parking lots. Fireworks will only be allowed from an established retailer within our City. We will also
be performing compliance checks as needed.
RECOMMENDATION
Attached is a copy of the ordinance regulating the sale, use and possession of fireworks within the city
of Maplewood. I recommend that the City Council adopt this ordinance to aid in the safety and welfare
of the residents of Maplewood.
Att.
ORDINANCE NO.
AN ORDINANCE GULATIN G THE SALE U E AND poSSLSSI'Ea111 OF
FIR]E WORKt WITRIN THE CITY OF MAPL
EwooD.
Section 1. Purpose.
It is the purpose of this ordinance to FQVern the possession, .
� p . pan, use, sale storage, expor�atton and
play of fireworks m the Clty
disp of Maplewood-
Section 2 - len�tlor�s�
"'Fire ChieP' is the Chief of the Maplewood Fire Department.
'`Display Distributor" means any erso� firm or P a co rporatio n selling special fireworks.
"Distributor" means any person, firm or corpor sell'
l
re . l e rF ra.�, �.r+�wor�s to whalc�alcrs and
t rs for resale,
% *Law Enforcement officers or Code Enforcement O 3�
fftce�rs art individuals authorized
to eliforce the laws or ordinanccs of the Ci of Ma plewo od.
tY p od.
"'L egal Fireworks"' means wire or wood spark •
P kiers o f not more than 100 grams a f auxtur+e
Per stern other sparkling Item$ which are nonexpl and o • '
� � �erzal and contain 75 grams
Or less Of chemical mixture per tube or a total of 2 grams o •
a nd �' r" Ie$s for n�ult�ple tubes, snakes
a glow warms, smoke devices, or tack noisemakers which include paper sprea�ers,
PaPPers= S 9 poppers, sn and drop pops,, ea ch pay
P p p , a h consisx�� of not more than twenty-
flve laundrerhs. ,ors of exp m tY
.c Ma.0 uf acturer' 4 n1e=S any person, f= cor p ora tion '
rp ration or partnership engaged in th
manufacture of fireworks,
"Retailer" means any person, firm cor 'o .
� ate n or part�.et purchasml� fireworks for
resale to consumers.
Section 3 . Legal Fireworks
S ubd• 1 • LegaI fireworks for sale to the •
general public as that term Is used in the
Maplewood Fireworks Ordinance shall be and s o0
er t d to mean fireworks legal for sale and use in
Minnesota under the provisions of Minnesota Statute Section 624,20,
Subd, 2. No individual, f= armershi
retail sa ' P P= corporation or association shall p for al in the C ity of M aplewood, sell or offer fo
r sale at recall or use or possess a ny firewor
other - th,an.legal fire y ks
Section 4. Pennit Req uired
4f
ort S ubd. 1. No person may sell, hold for sale, irn di •
p a distribute or offer for sale., as
speciality retailer, or reEailer aa fireworks in the Cit f Maplewood un such person has
ty p nl first
obtained the appropriate pest.
Subd. 2. The Fire Chief, Law En.farcement Officer and Code En f or cement
Q f ficeT shall
enforce the Maplewood Fireworks Ordinance- x.11 ermit applications P pp Mons shall be subrnixred to the
office of the City Clerk. Ah retailers shall be r equired to archase a retail � p' i1 firevvorks pest for each
retail location.
Subd. 3, Application. The application for a emit under the Maple p p wood .Fireworks
Ordinance shall contain the following information: name addres:s and telephone number of the
applicaur, the address of the location where the legal fireworks will be sol
d, the, type of legal
fireworks to be sold, the estimate of quantity of ` l eg al fireworks and a letter
g
granting pe�rrnission to the applicant for use of said pi-ope� fro� the prop
y. . eny owner
S 4. An applicant for a permit under the Maplewood l~ ireworks O rd' rdinance shall
pay to the City of Maplewood the follov�ing fccs, which shall not be rcf4adabic er loca •o -
p �l n,
1 • Retailer Pena - . t ........................ _$1 00.00
. Subd. 5. Follow' an. inspection of the location where the leg firewor ks a •
re to be
sold, the Cary Council shall issue a retailer perinit if the conditions foz ern�t approval pproval are satisfied
and the location of the property is zoned either commercial or industrial.
Subd- b. No retail permit shall be issued for an p eriod of time in excess o
Y A f one year,
and any permit inay be revoked by the City Council when it shall appear that e e - •
• .. pp rte p rinitt hd�
violated any of the provisions of this Ord,ir=ce or has en in activities .co ntradictory to the best
interest of the citizens of the City.. The permit issued shall be uon.- trarisferabl+e either to different
persons or location*
Section 5. Retail Sales or Storage of Fire Regulated Activities
Subd, 1- The sale of legal fireworks onl shall occur wholly y within pearrnauerit
buildings anal p =anent structures, as defined by the National l3 uilchrc
g Code, which shall have been
deemed safe and proper by the appropriate code of ( s) . s It hall be unlawful to sell fireworks
within temporary facilities Bator vehicles tents or air-supported stru.e es.
Pp tur No fireworks may be
sold at retail without a retail perrrtit. T'he ermit shall p osted be at each retail sale
P P h location where the retai
takcs place and a list of all legal fireworks sold at the location shal 'es
t.
be available tipori request.
Subd. 2, Buildings and perrriancnt structures with approved s •
• � Pp d p��kler systems axe
limited to the sale a6d storage of a tonal of one hundred 1 d� oun s
C P d net v►rel,ht Qr four hundred
(400) pounds gross weight of legal fireworks. B uild' p ermanent g p structures ur-es without approved
autoruatic sprinkler systems are limited to the sale and storag of a tota 1 o f fifty (50) pounds net
weight or two hundred R00) pounds gross weight of legal fireworks
Subd. 3. At all places where fireworks are stored sold "s ,-
d. d the work NO
S.MQK:ING'' shall be posted in letters ar least four
inches in height. Smok.mg and/or any disc &e
of any abject that could cause a spark o� open a
P p �. flazne is prohibited within one- hubdred ( 1 00 any fireworks stock. feet of
Subd. 4, No fireworks shall be stored o * ' •
dept, sold or dischar within fi feet of
gasoline can or gasoline bul �' any
P P . lk station or any building to .which asoline o v o l atile
in tities in excel � r liquids are sold
q s of one gallon, except �n stores where cl+eane
Sealed containers only.
rs, paints and oils are handled in
Subd. 5. All fireworks permittees shat It '
l keep and n3a� lain upon the re mises afire
ui
exrtingshei- bearing an Underwriters 1= ,aboratories P
.Inc. gated capacity of at least 5 pound A.�3C e
five b undred square feet of s ace lased for fire P r
� works sales or storage,
Subd b. A sales clerk who is at least sixteen years of ale shall be on duty to . serve
consumers at the tune of purchase or delivery. Every ales clerk shal . bute with each sale a one
�Y III dis�
page information sheet from the City containing - •
. , ty n� firework safety guidelines. �t shah be the
respon.s�b�I and expense of th pernlitt+�e t+� ot�taui a �:o o •
. iate number of copies c opy f the lnforananon sheet from the Ci
and make the appropr ies for � � V%
p distribution. All fireworks sold a.d ship
consumers within the City shall be sold and ship ped p t°
peed only by an i ndividual fun, a�nershi or
corporation holding the proper permit.
p p
Subd. 7. Any (reworks devices that are readil y access to handlljag by consumers
or purchasers in a retail sales location shall -have their exp osed
p aced
fuses protected in a n,er i'o rotect
gaa�st acci dental ignition. o f an item b a s ark ei �a e p
Y p b rite ash or other ignition source, I f the fuse
is a thread- wrapped safety fuse which has been Coate w' •
.d with a non�larnrnable coating, only the outside
end of the safety fuse shall be covered.. If the fu se 1s not a s afety fuse, then the entire fuse shall be
y
covered.
Section 6_ Exportati of Fireworks from. th Ci h ity of.Maplewoad
Subd. 1 Nothing in the Map lewood Fireworks
�s ' P Ordin' ance shall prohibit wholesalers
di tri utors, importers, spec�ialit retailers o '
Y r manufacturers from staring, selling in or
otherwise importing fireworks b the United ga pP '�
Y States Department of Transportation to an p'oi'son
or entity outside the City.
Section 7. Display and Discharge of Firew
orks
Subd, 1. Nothing in the Maplewood Fire
p works Ordinance shall prohibit the ublic
splay of fireworks except that any indiv idual assoc t'a F
s a i n, pamershi c '
sha1l secure a written emj4t from the P' rP ration, or organi don
p office of the Fire Chief and the fireworks shall e
tiibt�tor or display 's 'b all purchased
from a dis
p y d utor licensed by the State Fire Mars
Alcohol, Tobacco hal and the Bunea.0 of
and Firearms at the united States De len
p t of the Treasury.
Subd- 2- All use, - display, or discharge ,
� of Legal fireworks is strictly rohibited in
a on, below, above, wirhin or in close ro P the
area x��tY ta=
all
1. recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths,
sidewalks, rights of way, lakes, rivers, waterways and all other property owned or
leased by the City of Maplewood, County of Ramsey, State of Minnesota and located
in whole or in pan within the City limits;
2. private property within the City mits that has conspicuousl �3` p y posted written signs or
notices that no fireworks discharge is allowed;
3. within one hundred fifty (150) feet of any consumer fireworks retail sales facility or
storage area;
4. within, into or at a motor vehicle or from a motor vehicle;
5. at or near any persons or animals;
6. any Property, area or structure or material that by its physical condition or the
physioal conditions in which it is set would consritute a firc or personal safery
hazard; and
upon order of the Fire Chief in the event of dry conditions within the City limits.
Section 8. Penalty: Criminal
Subd. 1. Any individual, firm, partnership or corporation that violates any provision
of the Maplewood Fireworks Ordinance is guilty of a misdemeanor and upon conviction shall be
punished by a sentence of not more than ninety (90) days or a fine not more than one thousand
(1,000) dollars, or both, may be imposed.
Section 9. Penalty: Civil
Subd. 1. If an individual, firm, corporation or partnership is found guilty of violating
any of the provisions of the Maplewood Fireworks Ordinance, that entity's permit shall be revoked
or suspended by the City Council,
Subd. 2. No individual, firm corporation or partnership shall possess any fireworks
for sale within the City, other than those authorized in the Maplewood Fireworks Ordinance. The
Fire Chief, Law Enforcement Officer, Code Enforcement Officer, .Deputies or designees may at
reasonable hours enter and inspect the permittee's premises, building or permanent structure to
determine compliance with the Maplewood Fireworks Ordinance, if any retailer has in its
possession any fireworks in violation of this Ordinance, his or her permit shall be revoked and all
such fireworks seized, and the fireworks in violation of the Ordinance shall be kept to be used as
evidence. if any person has in his or her possession any fireworks in violation of the Ordinance, a
warrant may be issued for the seizure of fireworks and the fireworks shall be safely kept to be used
as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender
is discharged the legal fireworks shall be returned to the person in whose possession tbey were
found; provided, however, that nothing in the Maplewood Fireworks Ordinance applies to the
transportation of fireworks by regulated carriers.
Subd. I Nothing in the Maplewood Fireworks ordinance shall apply to or prohibit any
employees of the Department of Natural Resources or the United States Fish and Wildlife Services
from possessing fireworks for control of game birds and animals or to prohibit any Law Enforcement
Officer from possessing fireworks in the performance of his or her duties or to prohibit any
organization therein from sponsoring and conducting with connection with any public celebration,
an officially supervised and controlled fireworks display.
Section 10. Severability
Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid
by any court of competent jurisdicrion, 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.
Section 12. Effective Date.
This ordinance shall take effect upon its passage and publication.
Passed by the City Council on 2002.
Mayor
ATTEST:
City Clerk
Ayes -
Nayes-
f
AGENDA ITEM )� /
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: Markham Pond Outlet Improvements, Project 02 -02:
Resolution Approving Project Plans and Specifications, Authorizing Receipt of
Bids, and Ordering Preparation of Assessment Roll
DATE: July 16, 2002
Introduction
On April 8, 2002, the city council conducted a public hearing to consider the improvements
requested by Robert Tilges for the property south and east of the Beam Avenue and Hazelwood
Street intersection as shown on the attached map. The improvements included extensions of
sewer and water utilities, along with a re- routing of County Ditch No. 18, which currently serves
as the outlet for Markham Pond. The council approved the project contingent on the developer
providing financial surety for their recommended share.
Background
The attached map shows the subject property. This parcel is currently undeveloped and is bisected
by County Ditch No. 18, which is the city's outlet for Markham Pond. Mr. Robert Tillges has
approval to develop the property with a medical office building. Mr. Tillges petitioned the city for the
crossing of the outlet to be controlled by a public improvement project. The city's consultant, SEH
Engineers, has prepared the project plans for the improvements. Approval of the plans and
authorization to receive quotes for construction of the improvements is recommended.
Budget Impact
Public and private financing is proposed to finance this improvement project.
Improvement
Total Cost
Developer's Share
City Share
City Source
Storm Sewer
$67,860
$33,930
$33,930
Debt Service
Sanitary Sewer
$ 5,540
$ 1
$ 4,000
Utility Fund
Water Main
$ 4
$ 4
$ 0
-------- - - - - --
Vacant Lot
$ 7,500
$ 41782
$ 2,718
Debt Service
Total
$85,000
$44,352
$40,648
Recommendation
It is recommended that the city council approve the attached resolution approving the
project plans and specifications, authorizing receipt of bids /quotes and ordering
preparation of the assessment roll for the Markham Pond Outlet Improvements, Project
02-02.
RCA
jW
Attachment: Resolution
Location Maps
RESOLUTION
APPROVING PLANS
ADVERTISING FOR BIDS
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, plans and
specifications for Markham Pond Outlet Improvements, Project 02 -02, have been prepared
under the direction of the city engineer, who has presented such plans and specifications to the
council for approval, and
WHEREAS, the City Engineer has presented an estimate such that the total construction
cost is estimated to be less than $50,000, and
WHEREAS, costs have been determined for the Markham Pond Outlet Improvement,
City Project 02 -02, so that the total cost of the improvement will be $85,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The City.Engineer and City Clerk shall receive at least 3 quotes pursuant to
Minnesota Statute for construction of the Markham Pond Improvements, City Project 02 -02
.. p , tY 1
consistent with the approved plans and specifications.
3. The city clerk and city engineer are hereby authorized and instructed to receive,
open, and read aloud the quotes and to tabulate the quotes received. The council will consider
the quotes, and the award of a contract, at the regular city council meeting of August 12, 2002.
4. The portion of the cost of such improvement to be paid by the City is hereby
declared to be $40,648.00 and the portion of the project to be assessed to the benefited
property owners is declared to be $44,352.00.
5. Assessments shall be payable in equal annual installments extending over a
period of 5 years, the first installment to be payable on or before the first Monday in January
2003 and shall bear interest at the rate of 6.0 percent per annum from the date of adoption of
the assessment resolution.
6. The City Clerk and the City Engineer shall forthwith calculate the proper amount
to be specially assessed for such improvement against every assessable lot, piece or parcel of
land within the district affected, without regard to cash valuation, as provided by law, and they
shall file a copy of such proposed assessment in the City Clerk's office for public inspection.
7. The City Clerk shall upon the completion of such proposed assessment, notify the
council thereof.
Adopted this 22 "d day of July 2002.
Attachment I
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17
AGENDA ITEM t( -°`
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Chris Cavett, Assistant City Engineer
SUBJECT: Parkway Lift Station Removal and Larpenteur Avenue Improvements, Project 02 -14:
Resolution Ordering Preparation of a Feasibility Study.
DATE: July 15, 2002
Introduction /Summary
Maplewood is under agreement with the City of St. Paul for a lift station at Parkway Drive and Larpenteur
Avenue, which has been planned for replacement. During initial investigations, it was determined that the
lift station could be abandoned and a gravity sewer constructed to connect to the metro - interceptor.
The city council will consider ordering the preparation of a feasibility study for the removal of the parkway lift
station and the construction of a gravity sewer east along Larpenteur Avenue. The project would be a joint
project between St. Paul and Maplewood with Maplewood as the lead agency.
Background
The current agreement between St. Paul and Maplewood calls for Maplewood to pay St. Paul in excess of
$195,000 in 2003 for an upgrade of this station in 2003, along with $12,000 annually for operation of the lift
station. Currently Maplewood contributes the largest percentage of flow to this lift station. With the earlier
approval of the Maple Hills development and the respective sewage flows added to this system,
Maplewood would have even more financial and maintenance obligation for this lift station.
During the investigations for the Maple Hills lift station, it was determined that the Parkway lift station could
be abandoned if a gravity sewer were constructed east to the metro- interceptor. St. Paul engineering staff
concurs with this plan and is prepared to participate in the project.
The construction of the gravity sewer would likely require the reconstruction of Larpenteur Avenue from
Parkway Drive to Arcade Street. This segment of Larpenteur is in very poor condition and is a shared
street between St. Paul and Maplewood. The project would likely include street reconstruction
assessments.
Budget
A not -to- exceed project budget of $20,000 would be established to prepare the feasibility study.
Recommendation
It is recommended that the city council approve the attached resolution Ordering the Preparation
of a Feasibility Study, Project 02 -14
CIVIC
Attachments: Resolution
Location Map
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to replace the Parkway Lift Station, Project 02 -14 and
reconstruct Larpenteur Avenue from Parkway Drive to Arcade Street and to assess the
benefited property for all or a portion of the cost of the improvement, p ursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he
is instructed to report to the council with all convenient speed advisin g the council in a
preliminary way as to whether the proposed improvement is necessary, cost effective and
feasible and as to whether it should best be made as proposed or in connection with some
other improvement, and the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $20,000are appropriated to prepare this
feasibility report.
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AGENDA ITEM K ��
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: County Road D Improvements, Project 01 -15: Resolution Directing Modification of
Existing Construction Contract (Bruentrup Heritage Farm Parking Area)
DATE: July 16, 2002
Introduction
On July 8, 2002, the city council approved the addition of a parking area on the eastern edge of
the leased city land along County Road D for the Bruentrup Heritage Farm. Construction of the
parking lot was authorized pending final negotiations with the contractor for the County Road D
Improvement Project. Some changes in scope of the parking lot were approved as part of the
approval proce and the cost of those changes are being finalized with T.A. Schifsky, the
contractor for the County Road D improvements. A final change order that meets the intent of
the city council's approval should be available for distribution at the council meeting. A report
will be presented at the July 22 " council meeting.
Funding
The final change order will be approximately $40,000. The city council approved a funding
option of $30,000 from. Park Development Funds and $10,000 from the Maplewood Historical
Society. An additional $10,000 from the County Road D project will be saved and is included in
the overall project.
Change Order Authorization
The mechanism for implementing the construction is to authorize a change order with the
County Road D contractor. The contractor was expected to be nearing completion of the project
during the last weeks of July; however, a delay caused by the gas company, which could not be
foreseen, has put the project 2 -3 weeks behind schedule. This allows additional time during
these weeks to finalize the change order, which was not anticipated earlier this month.
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Attachments: Property Line Map
Proposed Site Plan — Parking Lot on East Side
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DATE 4 3 2 ANNN. LIC` No. 20478
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4/3/02
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AGENDA ITEM 14< ��
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Chris Cavett, Assistant City Engineer
SUBJECT: Modification of the Existing Construction Contract, Maple Hills Lift Station Relocation,
City Project 02 -04
DATE: July 16, 2002
Introduction /Summary
A revision to the developer's utility plans for the Carriage Homes of Maple Hills, has resulted in a
need to revise the city's plans from what was initially bid. The Contractor has made a claim for
additional costs, due to a change in work. These costs will be obligation of the developer of the
Carriage Homes of Maple Hills.
The city council will consider approving the attached resolution: Directing the Modification of the
Existing. Construction Contract.
Background
The city council approved the Carriage Homes of Maple Hills at the February 25 council meeting. A
sanitary sewer lift station was required to serve the site. A city -owned lift station currently serves the
neighboring Bennington Woods development. Because a single lift station would serve both
developments and the city's utility more efficiently, a project was approved to replace the existing lift
station.
On May 10, 2002, the city council awarded the construction contract to Don Zappa & Son
Excavating. Following the award of bid, a revision was made to the developer's utility plans that
required the sanitary sewer and lift station on the city's project to be constructed deeper, and
consequently at a higher cost. The contractor submitted a claim for additional cost in the amount of
$9873.50.
Budget Impact
Approval of the resolution would increase the budget by $13,000, which includes the $9873.50
increase construction costs, as well as other engineering and administrative costs. This increase in
cost is obligation of the developer. Assessments for this project will take place in September and will
be based on actual project costs.
Recommendation
It is recommended that the city council approve the attached resolution Directing the
Modifying the Existing Construction Contract for the Maple Hills Lift Station Relocation,
Project 02 -04.
CMC
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Attachments: Resolution
Change Order
Extra Work order from Don Zappa & Son Excavating
Site Map
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02 -04, Maple Hills Lift Station Relocation and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 02 -04, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order No. 1 in the
amount of $9873.50. The revised contract amount is $158,877.50.
The finance director is hereby uthorized to make the financial transfers necessary
rY
to implement the financing plan for the project. The project budget is increased by $13
which included the additional construction and related engineerin g and administrative costs.
F ANGE ORDER tructions on reverse side _ _ No. 1
PROJECT: Maple Hills Lift Station No. 19
DATE OF ISSUANCE: June 25, 2002
OWNER's Project No. 02 -04
OWNER: City of Maplewood
(Name, 1830 East County Road B
ENGINEER: Howard R. Green Company
p y
Address Maplewood, MN 55109 -2797
1326 Energy Park Drive
St. Paul, MN 55108 -5202
CONTRACTOR: Don Zappa & Son Excavating, Inc.
ENGINEER's Project No. 817020)
1801 Radisson Road N.E.
Blaine, MN 55449
CONTRACT FOR: Maple Hills Lift Station No. 19
You are directed to male the following changes in the Contract Documents
Description: Additional Build on wet well (3.27'), MH 1 (2.95') & MH lA (3.56'), extra depth on pipe from MH 5
to lift station.
Purpose of Change Order:
Attachments: (List documents suDDortina chancel
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 149,004.00
Previous Change Orders No. to No.
$ 0.00
Contract Price prior to this Change Order
149.004.00
Net Increase (Decrease) of this Change Order
$ 9,873.50
Contract Price with all approved Change Orders
$ 158,877,50
CHANGE IN CONTRACT TIME:
Original Contract Time
days or date
Net change from previous Change Orders
Contract Time Prior to this Change Order
days or date
Net Increase (Decrease) of this Change Order
Contract Time with all approved Change Orders
or date
RECOMMENDED:
By
Howar R. Green Company
EJCDC No. 1910 -8 -B (1983 Edition)
APPROVED:
by
Owner, City of Maplewood
APP E
by
Con: a r, Don Zappa &
Excavating, Inc.
0:1Proj1817020J10071 Construction AdminlCO ##1.doc
FROM , = ICON ZAPPA & SON EXCAVATING INC FAX NO. : 763 7862323 J .
Iv un, � � 202 08.12P)M P:1
DON ZAPPA & say EXCAVATING INCe
1801 RadisSOn Road N.E.
SlainE, MM 56449
Telephone (763) To$_2300 Fox (763) 7W2323
June 10th, 2002
toward R Green Company
1326 Energy Park D r.
St. Paul, MR 55108
US- 65 1-644-9446 Fax: 651- 644 -9446
ATT. , Brent Th ompson
2002 Parkway Drive Sanita ' Sewer Trap. Maplewood, MN.
Per your request we submit our cost increase for changes regarding the sanitary iift
won, additional builds on lH I and MH 1 A►, Extra digging depths from NH 5 to lift
stawn an a incidentWs relatin to pl and speifications for the project.
ADD
LS 9
Think you,
Please call if you have any questions, dim Stenger
Don Zama. & Soon Excavating Inc.
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To: Mayor and City Council
From: Richard Fursman
Date: 7/22/2002
Re: MLC Board Appointment
The City of Maplewood needs to have a Council Member represent the City on the
Municipal Legislative Commission (MLC) Board. Sherry Allenspach was the
representative in 2001. The MLC lobbies on behalf of cities that are similar to
Maplewood in size and issues. The MLC board meets less than six times a year to
review legislation and set Legislative lobbying goals.
Request:
l am requesting the council appoint a member to the MLC Board.
1