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HomeMy WebLinkAbout2002 09-23 City Council PacketCouncil /Manager's Workshop 6: 00 p. m. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 23, 2002 Council Chambers, Municipal Building Meeting No. 02 -21 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C.. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the Special Meeting, September 03, 2002 2. Minutes from the Council /Manager Workshop,, September 9, 2002 3. Minutes from the City Council Meeting, September 9, 2002, Meeting No. 02 -20 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 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. Resolution Accepting Election Judges - General Election November 5, 2002 3. Personal Service License - Deborah Hart 4. Fee Waiver Request (Temporary Food) -Hmong Alliance Church 5. Revisions to Personnel Policies 6. Resolution Requesting Speed Study onMcKnight Road between Maryland Avenue and Larpenteur Avenue 7. Signal Agreement with Washington County, Ramsey County, City of Woodbury and City of Maplewood for Signal Maintenance at Upper Afton Road and Century Avenue 8. Proclamation -Crime Prevention Month 9. Conditional Use Permit Review - Sobriety High School (2055 White Bear Avenue) 10. Budget Transfer for Bruentrup Farm H. PUBLIC HEARINGS 1. 7:00 p.m. Conditional Use Permit- Budget Towing (1291 Frost Avenue) 2. 7:15 p.m. Highwood Farm (Highwood Avenue East) Preliminary Plat Zoning Map Change (F to R -1) I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Conditional. Use Permit Review and Right -of -Way User Agreement -2194 Van Dyke Street (Laundervilles) K. NEW BUSINESS 1. AFSCME 2003 -4 Labor Agreement 20 County Road D Improvement, Project 01 -15: Resolution for Modification of Existing. Construction Contract, Change Order No. 2 3. Traffic Control Revisions in the Gladstone South Neighborhood, Project 00 -03 4. Property Purchase Agreement -18 9 Larpenteur Avenue East 5. Review of Group Home Rules and Regulations 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. R ULES OF CIVILITY FOR O UR 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. A. Be C. La . , .J f' Draft- MAPLEWOOD CITY COUNCIL -- SPECIAL MEETIN . �c�n b noaon 6:00 P.M. Tuesday, September tember 3 2002 Council Chambers, Municipal Building Date Meeting No. 02 -19 Endorsed Modified CALL TO ORDER Rejected A meeting of the City council was held in the Council Chambers, at the Municipal Building and was called to order at 6:15 p.m. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present (6:20 p.m.) Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF AGENDA Councilmember Juenemann moved to approve the Agenda as submitted. Seconded by Councilmember Wasiluk Ayes -All NEW BUSINESS 1. Overview of Proposed 2003 Budget City Manager Richard Fursman introduced the staff report and gave a general overview of the 2003 proposed budget. Finance Director Faust provided specifics of the report. 2. Approve Resolution Providing Preliminary Approval of a Proposed Tax Levy Payable in 2003 Councilmember Collins moved to approved the following resolution of a proposed tax levy payable in 2003: RESOLUTION 02 -09 -147 RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2003 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2002 payable in 2003 by September 16, 2002 and WHEREAS, the City Council has reviewed the Proposed 2003 Budget and has determined the amount of the proposed tax levy payable in 2003 which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT the proposed tax levy for 2002 payable in 2003 in the amount of $11,927, 8 80 is hereby given preliminary approval. City Council- Special Meeting 09-03-02 Seconded by Councilmember Koppen. Ayes -All 3. Set Public Hearing Dates on Proposed 2003 Budget and Property Tax Levy Councilmember Juenemann moved to approve the following dates: Initial Public Hearing Monday, December 2, 2002 7:00 p.m. Continuation Hearing (if needed) Monday, December 9, 2002 7:00 p.m. Adoption Hearing Monday, December 9, 2002 7:00 p.m. Seconded by Councilmember Koppen Ayes -All City Manager Fursman concluded with closing comments and invited the participation of the public. E. ADJOURNMENT Councilmember Wasiluk moved to adjourn urn Seconded by Councilmember Koppen Ayes -All City Council- Special Meeting 09 -03 -02 MINUTES Date CITY COUNCIL /MANAGER WORKSHOP Endorsed Monday, September 9, 2002 Modified - --- -- - Council Chambers, City Hall Rcjcct+ed 6:00 p .m. � A. CALL TO ORDER A meeting of the City Council /Manager's workshop was held in the Council Chambers, at the Municipal Building, and was called to order at 6:00 P.M. by Mayor Cardinal. 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 C. APPROVAL OF AGENDA Councilmember Wasiluk moved to approve the agenda as presented. Seconded by Councilmember Juenemann. Ayes -All D. PRESENTATIONS 6:00 — School District 622 Jerry Baldwin introduced Dan Kahler, Superintendent of District 622, who presented details on the school district levy referendum that will be on the November 5, 2002 General Election ballot. 6:3 0 — Presentation/Tribute Acknowledging September 11, 2001 A moment was taken to continue the meeting outside by the American flag in observance of the terrorist attacks on 9 -11 -2001. City Manager Fursman spoke in remembrance of the heroes. Fire Chief Lukin provided information on safety measures taken after 9 -11. Acting Police Chief Thomalla spoke regarding the steps that the city has taken in preparedness. Presentations were made by: Senator Chuck Wieger State Representative Scott Wasiluk State Representative Nora Slawik E. FUTURE TOPICS 1. Hillcrest Village Redevelopment Plan 2. Exploring the Possibilities of a Sister City 3. Ordinance Regulating Buckthorn F. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 6:55. Seconded by Councilmember Collins. Ayes -All A. Be C. I[a E. AOE"A N0, 000 L-5- I .- .. . ... DRAFT--MINUTES MAPLEWOOD CITY COUNCIL "on b Council 7.00 P.M. Monday, September 9, 2002 Council Chambers, Municipal Building ate Meeting No. 02 -20 Endorsed CALL TO ORDER Modified Rejected } A meeting of the City council was held in the Council Chambers, at the Municipal Building and was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE Steve Robertson, Firefighter and Pastor of a local church led a prayer for our nation and for those we loved and lost on September 11 tn. 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. Council /Manager Workshop — August 26, 2002 Councilmember Wasiluk moved to approve the Council/Manager's Workshop as presented Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays -None Abstain - Councilmember Koppen 2. Minutes from the City Council Meeting, August 26, 2002, Meeting No. 02 -18 Councilmember Juenemann moved to approve the minutes of August 26, 2002 as amended. Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays -None Abstain - Councilmember Koppen APPROVAL OF AGENDA M1. Maplewood T -Shirt N1. Cable TV Letter M2. City Web Site N2. Engineer Update Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Wasiluk Ayes -All F. APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 1 -4 and 6 -10 as resented. Seconded by Councilmember Koppen. Ayes -All Councilmember Juenemann moved to approve consent agenda item 5 as presented. Seconded by Councilmember Koppen Ayes -All 1. Approval of Claims ACCOUNTS TnAZTAT7TT! $5,010.00 Checks #58639 thru #58640 dated 8/20/02 thru $519,013.55 Checks #58641 thru #58709 dated 8/23 $1,574,212.23 Disbursements via debits to checking account dated 8/23 thru 8/27/02 $775.00 Checks #58710 thru #58711 dated 8/27 thru 8/29/02 $530,246.19 Checks #58712 thru #58777 dated 8/30 thru 9/3/02 $107,776.41 Disbursements via debits to checking account dated 8/23 thru 8/30/02 $2,737,033.38 Total Accounts Payable T1 A 'N 7 - n !lT T $391,828.24 Payroll Checks and Direct Deposits dated 8/30/02 $19,839.37 Payroll Deduction checks #90344 thru #90347 dated 8/30/02 $411,667.61 Total Payroll $3,148,700.99 GRAND TOTAL 2. Resolution — Legislative Redistricting Adopted the following resolution amending Resolution 92 -03 -33 Defining Precinct Boundaries as a result of the 2002 State of Minnesota Redistricting process: 0j, RESOLUTION 02 -09 -149 RESOLUTION AMENDING 92 -03 -33 DEFINING PRECINCT BOUNDARIES WHEREAS, the State of Minnesota has established new legislative districts; and WHEREAS, this redistricting causes changes in the present City of Maplewood established precincts. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby define the affected precinct boundaries as follows: Precinct No. 11 MAPLEWOOD MIDDLE SCHOOL Maryland Avenue on the South; North St. Paul/Maplewood Boundary Line on North; Century Avenue on East. Precinct No. 12 BEAVER LAKE SCHOOL Minnehaha on South; Maryland on the North; McKnight on West; Ferndale Street and Alignment on East. Precinct No. 13 MAPLEWOOD FIRE STATION -EAST COUNTY LINE Highway 94 on the South; Minnehaha and Allisa Lane on North; McKnight Rd and Ferndale Street and Alignment on West; Century Avenue on East. 3. Temporary Gambling License — Church of the Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling license for the Church of the Presentation of the Blessed Virgin Mary: RESOLUTION 02 -09 -148 TEMPORARY GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Final Plat — Carriage Homes of Maple Hills (Parkway Drive and Maple Hills Drive) Approved the final plat for the Carriage Homes of Maple Hills subject to the county recording the deeds, deed restrictions and covenants required by the city. 3 long as any of the Bonds are outstanding and unpaid, provided that the City reserves the . right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3." 2. Certificate of Registration The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax le vy q y required b law has been made. 7. Special Use Permit — Ramsey County Sheriff s Department — Fright Farm Approved the permit for the annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn October 10 -12, 17 -19, 24 -26, and the 31 St. 8. Tobacco License — Tawfiq Wazwaz — First M & M Tobacco —1700 Rice Street Approved the cigarette and tobacco license for First M & M Tobacco, located at 1700 Rice Street. 9. 3.2 Malt Liquor License — Mama Mia's Pizza — 3094 White Bear Avenue Approved the 3.2 malt liquor license for Nico Kotsopoulos to be used at Mama Mia's located at 3094 White Bear Avenue. 10. Correction to Minutes — May 13, 2002 — Prosecution Services Approved the adoption of corrected minutes of the May 13, 2002 City Council Meeting regarding the RFP- Prosecution Services. H. PUBLIC HEARINGS 1. 7:00 Assessment Hearings for Miscellaneous Pro j ect a. Tilsen South Sewer and Water Services, 00 -04 b. Beaver Lake Sanitary Sewer & Bike Path, 01 -09 c. County Road D /T.H. 61 Water Main Improvements, 01 -28 d. Markham Pond Outlet Storm Sewer Improvements, 02 -02 e. Maple Hills Lift Station Relocation, 02 -04 a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None Councilmember Juenemann moved to approve the following resolution to adopt the assessment rolls for the miscellaneous projects: 00 -04. 01 -09, 01 -28, 02 -02 and 02 -04: RESOLUTION 02 -09 -151 5 5. City Fee for Fire Inspections of Day Care and Foster Care Facilities Adopted a fee of $43.00 for fire inspection of day care and foster care facilities. 6. Amendment of Tax Levies for 2002 Improvement Bonds Adopted the following resolution for the 2002 Improvement Bonds that included an incorrect tax levy, to correct the tax levy: RESOLUTION 02 -09 -150 RESOLUTION AMENDING TAX LEVY FOR THE $4 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore on July 18, 2002, adopted a Resolution Accepting Proposal of $4,815,000 General Obligation Improvement Bonds, Series 2002A (the "Resolution "); and B. WHEREAS, the City desires to amend paragraph 17 of the Resolution; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Paragraph 17 of the Resolution shall be amended to read as follows: 11 17. Tax Levy; Coverage Test To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Colle Amount 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 $243,741 245 246,224 245,201 249,647 251,315 252 253,247 253,491 253,099 252,145 255,868 258,783 255,102 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so 4 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 12, 2002, calling for a public hearing, the assessment rolls for: • Tilsen South Sewer and Water Services, 00 -04 • Beaver Lake Sanitary Sewer & Bike Path, 01 -09 • County Rd. D/ T.H. 61 Water Main Improvements, 01 -28 • Markham Pond Outlet Storm Sewer Improvements, 02 -02 • Maple Hills Lift Station Relocation, 02 -04 were presented in a public hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. (None as of 913102) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review any objections received and report to the City Council at the regular meeting on 9/23/02, as to their recommendations for adjustments. 2. The assessment rolls for the above listed projects, as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made apart hereof, are hereby adopted. Said assessment rolls shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 5 years, the first installments 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 for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2002. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at after certification of the assessment to the county auditor, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 9, 2002, but no later than October 15, 2002, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes -All Co 2. 7:10 Schlomka Building Requests (1501 Henry Lane) a. Housing Moving b. Conditional Use Permit a. City Manager Fursman presented the report. b. Associate Planner Roberts presented the specifics of the report. C. Shelley Schlomka, the owner was present to answer questions. d. Commissioner Dierich provided the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None f. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the moving of a one -story house and a detached garage for Shelley Schlomka to the property at 1501 Henry Lane. The city approved the proposed site plan and dwelling orientation as shown on the site plan. This approval shall be subject to the applicant doing the following_ 1. Submitting the following to the city for approval before the city issues a building permit: a. An irrevocable letter of credit or cash escrow for 1 1/2 times the estimated cost of completing the construction, including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The director of community development may extend this deadline for sixty (60) days if there has been a reasonable cause for the delay. The construction shall meet all building code requirements. (Code requirement) b. A drainage and erosion control plan to the city engineer. This plan shall show that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties or water bodies. The city shall not issue a moving permit until the city engineer approves these plans and the construction shall follow these plans. (Code requirement) c. All plans and information required by the city building official. 2. Get a demolition permit from the city for the existing house. 3. Sign an agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement) 4. The applicant shall replace or repair the roof as needed. The applicant also shall meet all the requirements of the city's building inspection department. 5. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7 a.m., but no later than 10 a.m. There shall be no excessive noise or work on the house or site between 7 p.m. and 7 a.m. (Code requirement) 6. Place the house and garage on the property following the proposed site plan. 7 Seconded by Councilmember Juenemann Ayes -All Councilmember Wasiluk moved to approved the following Conditional Use Permit resolution for Shelley Schlomka to move a detached garage that would measure 29 feet by 50 feet on to the property at 1501 Henry Lane: RESOLUTION 02 -09 -152 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Shelley Schlomka is requesting that Maplewood approve a conditional use permit to move a 29- by 50 -foot, 1,450- square -foot detached garage onto her property. WHEREAS, this conditional use permit applies to the property at 1501 Henry Lane. The property identification number is 24- 28 -22 -32 -0002 and the legal description is: Section 24, Township 28, Range 22, the SW 1 /4 of the NW 1 /4 of the SW 1 /4 in Section 24, Township 28, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On August 19, 2002, the planning commission recommended that the city council approve this permit. 2. On September 9, 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 opened the public hearing and allowed everyone at the hearing a chance to speak and present written statements. The city 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 based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with 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. 0 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 shall obtain all necessary building permits before moving the garage onto the property. 3. The owner shall not use the garage for commercial or business activities, other than agricultural- related uses as specified in the farm residence zoning district, unless the city council approves such a request. 4. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes -All 3. 7:20 Housing Moving Request —Bart Crockett (Sylvan Street) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented the specifics of the report. C. Bart Crockett the owner was present to answer questions. d. Commissioner Dierich provided the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Carol Dahlquist, representing her mother at 1754 Sylvan Street, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the moving of a one -story rambler style house for Bart Crockett to the lot South of 1754 Sylvan Street. The city pproved the proposed site plan and dwelling orientation as shown on the site plan (at least 16 feet or as far south as possible). This approval shall be subject to the applicant doing the. followin 1. a. An irrevocable letter of credit or cash escrow for 1 1/2 times the estimated cost of completing the construction, including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The director of community development may extend this deadline for sixty (60) days if there has been a reasonable cause for the delay. The construction shall meet all building code requirements. (Code requirement) Z b. A new certificate of survey for the site that shows the proposed house location and the proposed drainage and utility easement. C. Verify the lot lines with survey pins. (Code requirement) d. A grading, drainage and erosion control plan to the city engineer. This plan shall show that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties. The city shall not issue a moving permit until the city engineer approves .these plans and the construction shall follow these plans. (Code requirement) e. A drainage and utility easement from the owner to the city over the south 30 feet of the site. 2. Sign an agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement) 3. The applicant shall replace the siding and reshingle or repair the roof as needed. The applicant also shall meet all the requirements of the city's building inspection department. 4. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7 a.m., but no later than 10 a.m. There shall be no excessive noise or work on the house or site between 7 p.m. and 7 a.m. (Code requirement) 5. Place the house on the property following the proposed site plan. This approval shall be subject to the following changes: a. Set the house at least ten feet from the north property line and as far south as reasonably possible while meeting the setback requirements from the existing powerline. b. Any garage shall be set no closer to the alley to the east of the property than the setback established by the existing garage to the north. Seconded by Councilmember Koppen Ayes -All 4. 7:30 Anderson Hillwood Oaks (Dorland Road South) a. Zoning Map Change (F to R -1) — 4 Votes b. Preliminary Map a. City Manager Fursman presented the report. b. Associate Planner Roberts presented the specifics of the report. C. Lisa Anderson, Broadway Builders, the applicant was present to answer questions. d. Commissioner Dierich provided the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None f. Mayor Cardinal closed the public hearing. 10 Councilmember Collins moved to approve the zoning map from Farm Residence (F)_to Single Dwelling Residential (R -1) for the proposed Anderson Hills Oaks plat. RESOLUTION 02 -09 -153 ZONING MAP CHANGE RESOLUTION WHEREAS, the City of Maplewood is proposing the following change to the City of Maplewood's zoning map: Farm Residence (F) to Single - Family Residential (R -1). WHEREAS, this change applies to the property located at 2310 Mailand Road East in Maplewood, Minnesota. WHEREAS, the property is being platted into three single- family lots. WHEREAS, the new legal description for 2310 Mailand Road East and the two new lots is as follows: Lots 1 through 3, Block 1, Anderson Hillwood Oaks. WHEREAS, the history of this change is as follows: 1. On August 19, 2002, the planning commission recommended that the city council approve the rezoning change. 2. On September 9, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change, or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this property as single - family houses. 11 Seconded by Councilmember Koppen Ayes -All Councilmember Collins moved to approve the Anderson Hillwood Oaks preliminary plat date stamped August 16, 2002 based on the following recommendations: a. Submit final construction and engineering plans for approval by the city engineer. The plans must include grading, drainage, and erosion control. b. Broadway Builders of Lake Elmo, Inc. and Royal Oaks Realty, Inc. must sign a mutual agreement and covenant with the city which covers all financial considerations for fair compensation of Outlot B, Hillwood Oaks Estates No. 1, as drafted by the city engineer. C. The detached garage located at 2310 Mailand Road East (Lot 1, Block 1, Anderson Hillwood Oaks) must be removed entirely before issuance of a building permit for Lot 2, Block 1, Anderson Hillwood Oaks. d. All portions of the existing driveway located at 2310 Mailand Road East (Lot 1, Block 1, Anderson Hillwood Oaks) must be removed to within 5 feet of the new rear property line. e. Submit a tree plan that shows all large trees located on the two new lots and indicates which trees the developer will preserve with the construction of the two new single- family houses. All large trees removed from the two new lots must be replaced one - for -one, not to exceed 10 trees per acre, as required by the city's tree preservation ordinance. f. Prior to issuance of a grading permit, the developer must place temporary orange safety fencing at the grading limits, including around all trees to be preserved. Seconded by Councilmember Koppen Ayes -All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Off -Sale Liquor License — Sidney Applebaum — 2515 White Bear Avenue a. City Manager Fursman presented the report. b. Acting Police Chief Thomalla presented the specifics of the report. Councilmember Koppen moved to approve the off -sale liquor license application for Sidney Applebaum for Sid's Discount Liquors. Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal, Councilmembers Koppen, Wasiluk and Collins Nays - Councilmember Juenemann 12 K. NEW BUSINESS 1. Manufactured Home Park Closing Ordinance Discussion a. City Manager Fursman presented the report. b. Assistant Community Development Director Ekstrand presented the specifics of the report. C. Commissioner Dierich provided the Planning Commission report. Councilmember Koppen moved to take no action on All Parks Alliance for Change's request and that Maplewood adopt the Minnesota State Statute regarding a manufactured home Park- closing ordinance. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Koppen and Juenemann Nays- Councilmember Wasiluk 2. Arcade Street Bridge (Spoon Lake), Project 00 -09: Review of Design Options and Resolution Approving Project Plans a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Jim Tollas, Project Manager for Ramsey County Public Works provided further details. Councilmember Collins moved to adopt the following resolution that approved the project plans, as prepared by Ramsey County Public Works, for the Arcade Street Bridge (Spoon Lake), City Project 00 -09: RESOLUTION 02 -09 -153 APPROVAL OF PROJECT PLANS WHEREAS, the City Council has approved a plan for turnback of county roads to City of Maplewood jurisdiction, and WHEREAS, Ramsey County has agreed to turnback Arcade Street to the cities of Little Canada and Maplewood in an improved condition, including the reconstruction of the Arcade Street Bridge (Spoon Lake), City Project 00 -09, and WHEREAS, Ramsey County Public Works has prepared project plans for the reconstruction of the Arcade Street Bridge (Spoon Lake), City Project 00 -09, and has presented said plans to the City Council for approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 13 1. Said plans are hereby approved. 2. Upon completion of said project and acceptance by the City Engineer, said bridge is hereby accepted for perpetual maintenance as part of the city's street system and made a part of the city's Municipal State Aid Street System Seconded by Councilmember Juenemann Ayes -All 3. English Street Improvement, Proj ect 01 -14: Review of Design Options for Landscaping and Street Lights at Frost and English Roundabout a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Laurie McRostie and Ken Tallion, design consultants, provided possible design details for the intersection. No action taken. 4. County Road D Extension — West of Hazelwood to TH 61: Review of Design Options a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Karl Keel, URS Engineers presented possible design options for the extension of County Road D. No action taken. 5. Optional Insurance for Open Meeting Law Defense Coverage a. City Manager Fursman presented the report. b. Finance Director Faust presented the specifics of the report. No action taken. 6. Public Safety Dispatcher Union Settlement a. City Manager Fursman presented the report and details. Councilmember Juenemann moved approval of the two -year labor agreement between the Cit j�and I.A.F.F. Local A 22. Seconded by Councilmember Wasiluk Ayes -All 14 L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS N. 1. Maplewood T- Shirt - Councilmember Juenemann displayed the t -shirt designed by Maplewood Employee and artist David Jahn. 2. Web- Site -Mayor Cardinal noted that the Maplewood Website had 6128 hits on 09- 08 -02. 3. NEST- Councilmember Koppen reminded the council and staff that the NEST funding is based on performance (NEST Telephone Number: 651 - 227 - 6378). ADMINISTRATIVE PRESENTATIONS 1. Cable TV Letter -City Manager Fursman received a response from the Ramsey - Washington Cable Commission in response to inquiries that were made. He will review the letter with the City Attorney and come back to the council with further comments. 2. Engineer Update -City Engineer Ahl noted that drivers are moving through construction areas at an unsafe speed. He also updated citizens on other construction areas throughout the city. 3. Due to schedule conflicts, the EMS /Police Department Meeting Scheduled for Thursday, September 12 has been cancelled. Councilmember Collins moved to reschedule the meeting for a date in October Seconded by Councilmember Koppen. O. ADJOURNMENT Ayes -Mayor Cardinal, Councilmembers Collins, and Koppen Nays - Councilmembers Juenemann and Wasiluk Councilmember Collins moved to adiourn the meeting at 10:30 p.m. Seconded by Councilmember Koppen Ayes -All 15 AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director I eut4�7� RE: APPROVAL OF CLAIMS DATE: September 13, 2002 Action by Council Date Endorsed Modified _ Rejected 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)AZTADTID $112.00 Checks #58778 dated 9/4/02 $307,574.80 Checks #58779 thru #58820 dated 9/6 thru 9/10/02 $284,019.64 Disbursements via debits to checking account dated 8/30 thru 9/9/02 $176.83 Checks #58821 dated 9/12/02 $484,293.63 Checks #58822 thru #58901 dated 9/17/02 $590,,018.10 Disbursements via debits to checking account dated 9/9 thru 9/13/02 $1,666,195.00 Total Accounts Payable T) A Xrn f T $413,374.65 Payroll Checks and Direct Deposits dated 9/13/02 $45,938.77 Payroll Deduction checks #90485 thru #90491 dated 9/13/02 $459,313.42 Total Payroll $2,125,508.42 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 Seplldoc 1 Vchlist ,. Check Register Page: 1 09/06/2002 10:38:53AM City of Maplewood Check Date 58778 9/4/2002 58779 9/10/2002 58780 9/10/2002 V endor 01076 01981 00111 58781 9/10/2002 00162 58782 9/10/2002 00198 58783 9/10/2002 02472 58784 9/10/2002 02251 58785 9/10/2002 02548 58786 9/10/2002 00422 58787 9/10/2002 00462 58788 9/10/2002 00487 58789 9/10/2002 00499 58790 9/10/2002 02168 58791 9/10/2002 02071 58792 9/10/2002 00535 58793 9/10/2002 02578 58794 9/10/2002 00721 58795 9/10/2002 01605 58796 9/10/2002 00771 58797 9/10/2002 00842 58798 9/10/2002 00932 58799 9/10/2002 02539 58800 9/6/2002 01819 58801 9/10/2002 00983 58802 9/10/2002 00986 58803 9/10/2002 02580 58804 9/10/2002 01028 58805 9/10/2002 02125 58806 9/10/2002 00001 58807 9/10/2002 00001 58808 9/10/2002 01248 58809 9/10/2002 01337 58810 9/10/2002 01360 MN APA ANCOM TECHNICAL CENTER ANIMAL CONTROL SERVICES INC BAUMAN, GAYLE BOARD OF WATER COMMISSIONERS CAPITAL TITLE CORPORATION CUSTOM HEADSETS INC DAMIANI, ROB DRAMA KIDS, THE EMBEDDED SYSTEMS, INC. F.M. FRATTALONE EXCAVATING FAUST, DANIEL FINLEY BROS INC FISHER, DAVID FRANSSEN, MARY ANN HAUENSTEIN AND BURMEISTER INDEPENDENT SPORTS NETWORK INSTITUTE FOR FORENSIC PSYCH, THE JOHNSON, RICK LANDMARK INC MAPLEWOOD BAKERY MARRS, SCOTT MCLEOD USA METRO SALES INC METROPOLITAN COUNCIL MIKE ACKERMAN CONST MN STATE TREASURER STAX NORTHLAND BUSINESS SYSTEMS ONE TIME VENDOR ONE TIME VENDOR PARTY TIME LIQUOR RAMSEY COUNTY -PROP REC & REV REINHART FOODSERVICE 58811 9/10/2002 01418 SAM'S CLUB DIRECT 58812 9/10/2002 02579 STAR BUILDERS 58813 9/10/2002 01550 SUMMIT INSPECTIONS 58814 9/10/2002 01580 TSE, INC. 58815 9/10/2002 02069 ULTIMATE DRAIN SERVICES INC 58816 9/10/2002 02581 US BANK TRUST NATIONAL ASSN 58817 9/10/2002 02124 VERA, TAWNIA 58818 9/10/2002 01734 WALSH, WILLIAM P. 58819 9/10/2002 01793 XEROX CORPORATION Description /Account MN APA CONF 9/13 PROGRAM RADIO SYSTEM /SOFTWARE PATROL & BOARDING FEES PATROL & BOARDING FEES REIMBURSE PARKING 8/28 TO 8/30 MONTHLY WATER UTIL - JUL & AUG REFUND GRADING ESC -1973 IDE ST N UPGRADE HEADSETS UMPIRE JR TOURNEY DRAMA CLASS INSTRUCTOR REPAIR SIREN #7 PROJ 00 -03 GLADSTONE SO PYMT #5 REIMBURSE PARKING 8/28 TO 8/30 RESURFACE, COLOR COAT AND STRIP - REIMBURSE MILEAGE 2/7 TO 5/2 REIMBURSE MILEAGE 5/23 TO 8/6 REIMBURSE MILEAGE 8/8 TO 8/29 CLOWN & BALLOON PERFORMANCES REPAIR CURTAIN IN BANQUET ROOM SOFTBALL UMPIRING SERVICE EXAM FOR CSO /PARAMEDIC CANDIDAT DEER REMOVAL REF GRADING ESCROW - 774 NEW CEN BIRTHDAY CAKES BIRTHDAY CAKES BIRTHDAY CAKES MSNC & NATL NIGHT OUT ENTERTAINM LOCAL PHONE SRV 7/16 TO 8/15 MAINT CONTRACT FOR RICOH COPIER MONTHLY SAC - AUG REF ESCROW -1965 IDE ST NO MONTHLY SURTAX - AUG VOICE LOGGER WARRANTY THRU 9/2 REIMBURSE ERICA DIAZ - CONCRETE A REF ELLIE SCOTT - AMB 01023855 ROOTBEER MAINTENANCE ON EVP SYSTEMS JANITORIAL SUPPLIES JANITORIAL SUPPLIES JANITORIAL SUPPLIES SERVICE CHARGE PROGRAM SUPPLIES REF ESCROW - 2632 RED PINE CIR E MECHANICAL INSPECTIONS GROUNDSKEEPING SRVS 6/13 TO 7/10 PROJ 01 -29 CAMERA INSPECTED SEWE PROJ 01 -29 CAMERA INSPECTED SEWE PROJ 01 -18 CAMERA INSPECTED SEWE PROJ 01 -29 CAMERA INSPECTED SEWE SET UP & PAYING AGENT FEE THRU 1/ FACE PAINTING FACE PAINTING COMMERCIAL PLUMBING INSPECTIONS COPIER CHARGES Amount 112.00 5,050.00 739.44 963.23 30.00 7,091.04 1,037.12 1,786.80 140.00 1,750.00 170.00 215,355.02 26.50 1,740.00 81.39 64.97 24.45 195.00 257.50 4,362.25 350.00 100.00 1,040.68 61.00 61.00 30.50 1,275.00 5,108.82 253.50 29,700.00 1,042.88 6,613.95 3,819.01 917.02 704.29 404.38 344.15 229.88 599.91 404.36 12.45 219.97 1,045.21 6,486.00 1,204.87 150.00 210.00 150.00 150.00 462.50 260.00 65.00 3,161.56 61.25 i vchlist 0-9/06/2002 10:38 53AM Check Register Page: 2 City of Maplewood Check Date Vendor 58820 9/10/2002 01807 43 Checks in this report ZW I EG, SUSAN Description /Account REIMBURSE MILEAGE 9/3/02 Total checks: 10.95 307,686.80 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 08/30/02 08/29/02 08/30/02 08/30/02 08/29/02 08/30/02 08/30/02 09/03/02 08/30/02 08/30/02 09/04/02 09/05/02 08/30/02 09/05/02 09/06/02 08/30/02 08/30/02 09/03/02 09/03/02 09/03/02 09/03/02 09/03/02 09/04/02 09/04/02 09/04/02 09/05/02 09/06/02 09/06/02 09/06/02 09/09/02 ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer Employees Federal Reserve Bank ICMA (Vantagepointe) MN State Treasurer MN State Treasurer P.E.R.A. MN State Treasurer MN State Treasurer WI Dept of Revenue Employees MN State Treasurer TOTAL Description Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax DCRP & Flex plan payments Savings Bonds Retiree Health Savings Plan Drivers License /Deputy Registrar State Payroll Tax P.E.R.A. Drivers License /Deputy Registrar Drivers License /Deputy Registrar State Payroll Tax DCRP & Flex plan payments Drivers License /Deputy Registrar Amount 6,853.72 487.00 18,677.73 86,079.80 1,350.93 300.00 25,317.01 24,645.74 16,153.82 43,635.78 17,703.62 21,063.43 1,985.28 267.82 19,497.96 Acv"r,v i V.v-r C! mchlist, Check Register 09/13/2002 11 :36:40AM City of Maplewood Page: 1 Check Date Vendor Description /Account Amount 58821 9/12/2002 02587 MOSSONG, ANDREA SEVERENCE PAY 58822 9/17/2002 01908 ADMINISTRATION, DEPT OF DATA PROCESSING - JUL 176.83 58823 9/17/2002 00102 ANDERSON, CAROLE REIMBURSE PARKING & MILEAGE 8/28 - 392.00 96.17 58824 9/17/2002 00119 AQUA CITY IRRIGATION INC REPAIRED BROKEN WIRE AT PARK 204.20 58825 9/17/2002 02582 AWI DIVERSIFIED MEMORIAL BENCH FOR RICHARD BAR 800.00 58826 9/17/2002 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 117.00 MERCH FOR RESALE 78.00 58827 9/17/2002 00211 BRAUN INTERTEC CORP. PROJ 02 -10 EVALUATION SRVS 6/15 -8 49080.25 PROJ 01 -15 CONSTRUCTION TEST 7/1 29051.00 PROD 00 -03 CONSTRUCTION TEST 7/1 2,096.25 PROJ 01 -14 CONSTRUCTION TEST 7/1 4,376.25 58828 9/17/2002 00223 BRODIN STUDIOS, INC. PLAQUE 58829 9/17/2002 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 235.00 50.00 58830 9/17/2002 00255 CAPITOL RUBBER STAMP CO. HANDLE STAMP 21.30 58831 9/17/2002 02585 CENTRAL INTERNAL MEDICINE FITNESS TEST 150.00 58832 9/17/2002 01832 CENTRAL ROOFING ROOF REPAIR AT FIRE STATION 3 1,660.00 58833 9/17/2002 00330 COPY SERVICE CORP. COPIER CONTRACT 137.90 58834 9/17/2002 02050 CRITICAL CONDITIONS BOTANICAL INVENTORY - PRIORY PRES 1,800.00 58835 9/17/2002 00358 DGM INC. TOW FORFEITURE VEHICLE 79 TOW SQUAD CAR 53.25 TOW SQUAD CAR 58.58 TOW DRILL CAR 53.25 TOW FORFEITURE VEHICLE 94.55 TOW FORFEITURE VEHICLE 142.48 58836 9/17/2002 00413 DON MARTY'S LANDSCAPING REPAIRED AREA - SOD & BLACKDIRT 1,150.00 58837 9/17/2002 02588 DTE ENERGY TECHNOLOGIES REPAIR GENERATOR 335.13 58838 9/17/2002 00479 EULL'S MANUFACTURING CO., INC. MORTAR MIX & MANHOLE RING 148.83 58839 9/17/2002 01839 EXTRACTOR CORPORATION REPAIR SWIMSUIT EXTRACTOR 383.00 58840 9/17/2002 02168 FINLEY BROS INC RESURFACE, COLOR COAT AND STRIP - 10,763.00 58841 9/17/2002 00508 FIRE INSTRUCTORS ASSN OF MINN MANUAL & STUDY GUIDE 250.00 58842 9/17/2002 00539 FREEDOM VALU CENTER CAR WASHES 83.07 58843 9/17/2002 00555 GAYNOR, VIRGINIA REIMBURSE MILEAGE 6/6 TO 8/1 73.47 58844 9/17/2002 00612 GYM WORKS INC REPLACEMENT PARTS 331.50 58845 9/17/2002 00677 HOME DEPOT - GECF MISC SUPPLIES 250.30 58846 9/17/2002 00687 HUGO'S TREE CARE PROJ 00 -03 GLADSTONE SO 3,304.48 58847 9/17/2002 00692 HUTCHINSON, ANN REIMBURSE MILEAGE 2/1 - 6/28 87.45 58848 9/17/2002 00483 IDEACOM MID - AMERICA REMOVED 110 VAC POWER CORD 165.00 MOVED OPERATOR TERMINAL 422.81 58849 9/17/2002 02325 INTERPRETIVE GRAPHICS 12 EXTERIOR GRAPHIC PANELS HIGH 2,224.38 58850 9/17/2002 00749 JAHN, DAVID CONTROL VALVE 28.57 58851 9/17/2002 00758 JIM HATCH SALES CO RAIN JACKETS 58852 9/17/2002 01894 KELLY & FAWCETT PA LEGAL SERVICES - AUG 347.67 22,697.88 PROSECUTION SERVICES - AUG 99825.00 58853 9/17/2002 00857 LEAGUE OF MINNESOTA CITIES ANNUAL MEMBERSHIP DUES 16,107.00 58854 9/17/2002 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 7/15 TO 8/31 623.92 58855 9/17/2002 00945 MASYS CORP SOFTWARE /HARDWARE MAINT - OCT 738.68 58856 9/17/2002 02583 MATT PROPERTIES REFUND GRADING ESC - CTY RD D 5,222.74 58857 9/17/2002 02584 MCDONALD HOMEBUILDERS REF GRADING ESC -814 NEW CENTURY 1 1,018.36 58858 9/17/2002 00997 MIDWEST CHILDREN'S RESOURCE CT VICTIM VIDEO 58859 9/17/2002 01156 NELSON, JEAN REIMBURSE MILEAGE 7/1 - 8/31 20.00 67.96 58860 9/17/2002 01174 NORTH ST PAUL- MAPLEWOOD- ROTARY CLUB MEMBER DUES 175.00 58861 9/17/2002 00001 ONE TIME VENDOR GOFF HOMES INC - RELEASE OF SURET 24,500.00 58862 9/17/2002 00001 ONE TIME VENDOR REF TIMOTHY WALKER - REPLACE CONC 1,128.64 58863 9/17/2002 00001 ONE TIME VENDOR REF BRETT LEFTO - REPLACE CONCRE' 659.55 vchlist Check Register Page: 2 09/13/2002 11:36:40AM City of Maplewood Check Date Vendor Description /Account Amount 58864 9/17/2002 00001 ONE TIME VENDOR REF ROSEVILLE FRIENDSHIP - GROUP 234.00 58865 9/17/2002 00001 ONE TIME VENDOR REF GINA THOMPSON - MEMBERSHIP 191.68 58866 9/17/2002 00001 ONE TIME VENDOR REF LEIF SUNDGAARD - VACATION & F 154.00 58867 9/17/2002 00001 ONE TIME VENDOR REF RYAN BUSCH - TOURNEY 125.00 58868 9/17/2002 00001 ONE TIME VENDOR REF KAY LARSON - TOURNEY 125.00 58869 9/17/2002 00001 ONE TIME VENDOR REF CARMEN JOHNSON - AMB 020121 78.50 58870 9/17/2002 00001 ONE TIME VENDOR REF ANTHONY BENNETT - MCC PROGRi 35.00 58871 9/17/2002 00001 ONE TIME VENDOR REF MARK KNUTSON - SWIM LESSONS 33.00 58872 9/17/2002 01941 PATRICK GRAPHICS & TROPHIES SOFTBALL LEAGUE AWARDS 186.00 58873 9/17/2002 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 106.00 58874 9/17/2002 01269 PIPE SERVICES INC PROJ 00 -03 TV INSPECTED SEWERS 1,497.28 PROJ 99 -08 TV NSPECTED SEWERS 219.38 58875 9/17/2002 01337 RAMSEY COUNTY -PROP REC & REV DATA PROCESSING - JUL 3,000.00 58876 9/17/2002 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 139.90 58877 9/17/2002 01360 REINHART FOODSERVICE MERCH FOR RESALE 193.65 58878 9/17/2002 01387 ROSSINI, DR. JAMES FITNESS PROGRAM - AUG 100.00 58879 9/17/2002 01463 SISTER ROSALIND GEFRE MCC MASSAGES - AUG 1,734.00 58880 9/17/2002 01466 SKYHAWKS SPORTS ACADEMY BEGINNING GOLF & SOCCER PROGRAN 1,733.40 FLAG FOOTBALL INSTRUCTORS 541.80 58881 9/17/2002 01823 ST CROIX RECREATION CO INC GRILL 438.08 58882 9/17/2002 01504 ST PAUL, CITY OF PARAMEDIC SUPPLIES 550.08 58883 9/17/2002 01523 STATE BOARD OF ELECTRICITY ELECTRIC INSPECTION BOOKS - 4 100.00 58884 9/17/2002 01572 SYSTEMS SUPPLY, INC. COLOR CARTRIDGES 483.60 INK CARTRIDGES 491.94 58885 9/17/2002 01574 T.A. SCHIFSKY & SONS, INC PROJ 00 -03 ENGLISH ST - PYMT #3 241,054.03 58886 9/17/2002 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS NO 670.19 VARIOUS BITUMINOUS MATERIALS NO 1,861.63 58887 9/17/2002 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01 -29 FEASIBILITY RPT & FINAL 9,410.43 58888 9/17/2002 01026 TRANSPORTATION, DEPT OF PROJ 01 -15 TESTING SRVS STATE AID F 1,040.36 58889 9/17/2002 01580 TSE, INC. GROUNDSKEEPING SRVS 5/16 TO 6/12 224.16 58890 9/17/2002 01683 UNIFORMS UNLIMITED INC WHITE SHIRT 31.95 VEST 699.95 ALTERATIONS 17.04 VEST 350.00 58891 9/17/2002 01704 URBANSKI, HOLLY REPLENISH PETTY CASH 173.13 58892 9/17/2002 02589 US BORING INC PROJ 01 -28 TH 61/CO RD D WATER MAI 44,444.80 58893 9/17/2002 02183 VIETOR, LORRAINE REIMBURSE MEAL & MILEAGE 9/5 14.88 58894 9/17/2002 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSPECTIONS 1,110.00 58895 9/17/2002 01750 WATSON CO INC, THE MERCH FOR RESALE 246.74 58896 9/17/2002 02410 WELLS FARGO LEASING INC COPIER LEASE - SEP 2 1 370-70 58897 9/17/2002 02243 WINDSOR COMPANIES INC FIRE STATION PYMT #3 1,675.00 58898 9/17/2002 02586 WOODBURY MECHANICAL REF GRADING ESC - 1908 -2 KENWOOD [ 525.48 58899 9/17/2002 01789 WOODBURY, CITY OF EMT SCHOOLS 650.00 58900 9/17/2002 01190 XCEL ENERGY MONTHLY UTIL - STMT DATE 9/5/02 42,772.17 58901 9/17/2002 02590 ZOBIAS LEADERSHIP INTL VISION WEB KIT 499.00 81 Checks in this report Total checks : 4849470.46 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date_ Date Pa ee Description 09/08/02 09/09/02 MN Dept of Natural Resources DNR electronic ' licenses 09/09/02 09/09/02 JP Morgan Chase Investment purchase 09/09/02 09/10/02 MN State Treasurer Drivers License ' /Deputy Registrar 09/10/02 09/11/02 MN State Treasurer Drivers License /De ut Registrar p y g 09/11/02 09/12/02 MN State Treasurer Drivers License /Deputy Registrar 09/12/02 09/13/02 MN State Treasurer Drivers License /Deputy ' / eputy Registrar 09/13/02 09/13/02 ICMA (Vantagepointe) Deferred Compensation p 09/13/02 09/13/02 ICMA (Vantagepointe) Retiree Health Savings Plan 09/12/02 09/13/02 Employees DCRP & Flex Ian payments p p Y TOTAL Amount 585.75 499,456.11 16,654.75 19,623.12 16, 257.14 18,817.29 6 11, 006.84 663.38 590 7 dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHE CK # CHECK DATE 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 E MPLOYEE NAME COLLINS, KENNETH JUENEMANN, KATHLEEN KOPPEN, MARVIN DARST, ROBERTA FURSMAN, RICHARD SCHLINGMAN, PAUL SEEGER, GERALD SWANSON, LYLE CARLSON, THERESE EDSON, KAREN LE, SHERYL FAUST, DANIEL URBANSKI, HOLLY ANDERSON, CAROLE BAUMAN, GAYLE JACKSON, MARY KELSEY, CONNIE TETZLAFF, JUDY FRY, PATRICIA GUILFOILE, KAREN OSTER, ANDREA CAROE, JEANETTE JAGOE, CAROL JOHNSON, BONNIE OLSON, SANDRA WEAVER, KRISTINE CORCORAN, THERESA MARTINSON, CAROL POWELL, PHILIP SPANGLER, EDNA THOMALLA, DAVID WINGER, DONALD ABEL, CLINT ALDRIDGE, MARK ANDREWS, SCOTT BAKKE,LONN BANICK, JOHN BELDE, STANLEY BIERDEMAN, BRIAN B OHL, JOHN BUSACK, DANIEL DOBLAR, RICHARD HALWEG, KEVIN HEINZ, STEPHEN AMOUNT 357.47 357.47 357.47 1,265.66 4,846.52 1,951.14 473.17 1,627.38 2,017.98 262.50 3,612.99 3,762.14 1,581.54 1,095.89 2,678.00 1,664.75 595.23 1,602.34 1,612.77 2,502.24 1,611.95 1,517.51 1,517.51 1,000.60 1,212.39 1,563.60 1,554.82 1,498.34 1,860.59 137.50 3,122.96 13,561.90 1,598.12 2,382.89 2,949.59 2,210.63 2,846.10 2,622.14 1,429.05 2,397.78 2,023.70 445.98 3,546.48 2,438.29 � CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD �tl CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/13/02 HIEBERT, STEVEN 2 dd 09/13/02 JOHNSON, KEVIN 3,208.21 d.d 09/13/02 KARIS, FLINT 2 dd 09/13/02 KONG, TOMMY 1 dd 09/13/02 KROLL, BRETT 1 dd 09/13/02 KVAM, DAVID 3,007.74 dd 09/13/02 LARSON, DANIEL 2 dd 09/13/02 LU, JOHNNIE 1 dd 09/13/02 MARINO, JASON 1 965.91 dd 09/13/02 MARTIN, JERROLD 1 dd 09/13/02 METRY, ALESIA 1,574.19 dd 09/13/02 OLSON, JULIE 3 dd 09/13/02 PALMA, STEVEN 2,261.56 dd 09/13/02 PIKE, GARY 3,525.04 dd 09/13/02 RABBETT, KEVIN 2 dd 09/13/02 STEFFEN, SCOTT 2 dd 09/13/02 STOCKTON, DERRELL 2 dd 09/13/02 SZCZEPANSKI, THOMAS 2 dd 09/13/02 THIENES, PAUL 2 dd 09/13/02 TRAN, JOSEPH 1 546.10 dd 09/13/02 WATCZAK, LAURA 2,221.91 dd 09/13/02 WENZEL, JAY 2 dd 09/13/02 XIONG, KAO 1 dd 09/13/02 BARTZ, PAUL 2 dd 09/13/02 BERGERON, JOSEPH 2,958.73 dd 09/13/02 CROTTY, KERRY 2 dd 09/13/02 DUGAS, MICHAEL 1,813.83 dd 09/13/02 DUNN, ALICE 2 dd 09/13/02 ERICKSON, VIRGINIA 2 dd 09/13/02 EVERSON, PAUL 2,174.67 dd 09/13/02 FLOR, TIMOTHY 2 dd 09/13/02 FRASER, JOHN 2 dd 09/13/02 HALWEG, JODI L603.07 dd 09/13/02 KATZMAN, BARBARA 175.00 dd 09/13/02 PARSONS, KURT 1 dd 09/13/02 ROSSMAN, DAVID 2,252.52 dd 09/13/02 GERVAIS -JR, CLARENCE 2 dd 09/13/02 BOYER, SCOTT 2 dd 09/13/02 FEHR, JOSEPH 1 dd 09/13/02 FLAUGHER, JAYME 1 dd 09/13/02 LAFFERTY, WALTER 1 dd 09/13/02 LINN, BRYAN 1,617.64 dd 09/13/02 PACOLT, MARSHA 1 t 849.06 dd 09/13/02 RABINE, JANET 1 dd 09/13/02 S CHAULS, ADAM l ,535.60 dd 09/13/02 STAHNKE, JULIE 1,674.34 �tl CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME .AMOUNT dd 09/13/02 LUKIN STEVEN 2 894. � 71 dd 09/13/02 SVENDSEN, RUSTIN � dd 09/13/02 ZWIEG, SUSAN 1'4744.47 dd 09/13/02 DOLLERSCHELL, ROBERT ' 260.67 dd 09/13/02 AHL, R. CHARLES 3,830. dd 09/13/02 NIVEN AMY 1 dd 09/13/02 PRIEFER, WILLIAM 2,152.7 4 1 .. dd 09/13/02 WEGWERTH, JUDITH 1,611.94 dd 09/13/02 BRINK, TROY 1 dd 09/13/02 DEBILZAN, THOMAS 1 dd 09/13/02 EDGE, DOUGLAS 1,648.84 dd 09/13/02 KANE MICHAEL 2,341.54 dd 09/13/02 LUTZ, DAVID 1,670.34 dd 09/13/02 MEYER, GERALD 4, 604.48 dd 09/13/02 NAGEL, BRYAN 1 dd 09/13/02 OSWALD, ERICK 1 dd 09/13/02 TEVLIN, TODD 1 dd 09/13/02 BOHMBACH, JOSHUA 666.90 dd 09/13/02 CAVETT, CHRISTOPHER 2 dd 09/13/02 DUCHARME, JOHN 2,251.79 dd 09/13/02 LINDBLOM, RANDAL 2 dd 09/13/02 PECK, DENNIS 2 dd 09/13/02 PRIEBE, WILLIAM 2,720.58 dd 09/13/02 SCHACHT, ERIN 2 dd 09/13/02 ANDERSON, BRUCE 3,542.69 dd 09/13/02 DOHERTY, KATHLEEN 1,611.94 dd 09/13/02 B ORGLUM, DUSTIN 516.00 dd 09/13/02 MARUSKA, MARK.. 2,341.54 dd 09/13/02 NAUGHTON, JOHN 1,379.94 dd 09/13/02 SCHINDELDECKER, JAMES 1,670.34 dd 09/13/02 BIESANZ, OAKLEY 1,242.83 dd 09/13/02 GREW- HAYMAN, JANET 1,279.33 dd 09/13/02 HUTCHINSON, ANN 1 dd 09/13/02 KOS, HEATHER 370.50 dd 09/13/02 NELSON, JEAN 1 dd 09/13/02 GAYNOR, VIRGINIA 1,739.14 dd 09/13/02 COLEMAN, MELINDA 3,750.34 dd 09/13/02 EKSTRAND, THOMAS 2 dd 09/13/02 KROLL, LISA 1,004.15 dd 09/13/02 LIVINGSTON, JOYCE 839.87 dd 09/13/02 S1ND`I ", ANDREA 1 dd 09/13/02 THOMPSON, DEBRA 771.42 dd 09/13/02 YOUNG, TAMELA 1 dd 09/13/02 BERGO, CHAD 1,805.38 dd 09/13/02 FINWALL, SHANN 1,970.86 dd 09/13/02 ROBERTS, KENNETH 2,308.67 dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 09/13/02 EMPLOYEE NAME CARVER, NICHOLAS FISHER, DAVID SWAN, DAVID KONEWKO, DUWAYNE WORK, BRANDON FINN, GREGORY FLUG, ELAINE GRAF, MICHAEL KELLY, LISA ROBBINS, AUDRA TAUBMAN, DOUGLAS BREHEIM, ROGER NORDQUIST, RICHARD SCHULTZ, SCOTT CROSSON, LINDA EASTMAN, THOMAS. ERICKSON, KYLE HABLE, NATASHA HERSOM, HEIDI LARSON, DEBRA LARSON, DEBRA MCCLUNG, HEATHER ROA, MILTON STAPLES, PAULINE ABRAHAMSON, REBECCA ATKINS, KATHERINE BADEN, ALISON CORNER, AMY CRONIN, CHAD DOTY, JANET GUZIK, JENNIFER HORWATH, RONALD IRISH, KARL KOEHNEN, AMY KRONHOLM, KATHRYN LAWSON, JOSHUA POWERS, JESSICA SCHAEFER, ROB SCHULTZ, PETER SIMONSON, JUSTIN WILHELM, MELISSA WORWA, LINDSAY ZIELINSKI, JENNIFER GROPPOLI, LINDA RENSLOW, RITA CRAWFORD - JR, RAYMOND IlI j1 o 2,274.34 2,608.78 739.75 2,145.54 338.25 1,693.74 42.75 1,529.14 1,208.32 1,572.74 2,439.86 1,683.14 1,683.14 1,824.48 2,046.34 2,277.54 617.50 192.40 1,647.14 94.67 178.84 353.23 276.90 2,565.11 295.56 158.85 312.54 124.80 27.63 579.38 26.00 1,499.14 393.32 61.65 284.29 307.13 245.77 9.40 63.38 309.95 48.75 305.75 33.60 188.81 245.13 119.70 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/13/02 LONETTI, JAMES 864.83 dd 09/13/02 PRINS, KELLY 785.35 dd 09/13/02 PRINS, MELISSA 45.00 dd 09/13/02 REILLY, MICHAEL 065.54 dd 09/13/02 SARPONG, SEAN 371.35 dd 09/13/02 STEINHORST, JEFFREY 86.80 6 80 dd 09/13/02 AICHELE, CRAIG 1 dd 09/13/02 FOWLDS, MYCHAL 1 dd 09/13/02 HURLEY, STEPHEN 2 w 58743 08/30/02 LUNDSTEN, LANCE 26,709.43 Wf 90355 09/13/02 CARDINAL, ROBERT 406.20 wf 90356 09/13/02 WASILUK, JULIE 357.47 wf 90357 09/13/02 INGVOLDSTAD, CURTIS 156.25 wf 90358 09/13/02 JAHN, DAVID 1 wf 90359 09/13/02 MORIN, TROY 212.50 Wf 90360 09/13/02 GENNOW, PAMELA 225.00 Wf 90361 09/13/02 MATHEYS, ALANA 1 Wf 90362 09/13/02 HANSEN, LORI 1 Wf 90363 09/13/02 VIETOR, LORRAINE 1,65 6.79 Wf 90364 09/13/02 PALANK, MARY 1 9 669.36 Wf 90365 09/13/02 RICHIE, CAROLE 19490.34 Wf 90366 09/13/02 SVENDSEN, JOANNE 1 Wf 90367 09/13/02 TICHY, PAMELA 51.00 Wf 90368 09/13/02 STEINER, JOSEPH 465.00 Wf 90369 09/13/02 WELCHLIN, CABOT 29242.61 wf 90370 09/13/02 SHORTREED, MICHAEL 2 wf 90371 09/13/02 OLINGER, SHELLEY 1 Wf 90372 09/13/02 CUDE, LARRY 418.59 Wf 90373 09/13/02 FREBERG, RONALD 1 9 699.14 Wf 90374 09/13/02 JONES, DONALD 1 Wf 90375 09/13/02 ELIAS, JAMES 21459.30 Wf 90376 09/13/02 JAROSCH, JONATHAN 540.22 Wf 90377 09/13/02 CARVER, JUSTIN 52.50 Wf 90378 09/13/02 EDSON, DAVID 13,829.94 Wf 90379 .09/13/02 GOODRICH, CHAD 260.00 Wf 90380 09/13/02 HELEY, ROLAND 1 Wf 90381 09/13/02 HINNENKAMP, GARY 19780.02 Wf 90382 09/13/02 LINDORFF, DENNIS 19670.34 Wf 90383 09/13/02 NAUGHTON, RYAN 380.00 Wf 90384 09/13/02 NOVAK, MICHAEL 1, 517.54 wf 90385 09/13/02 GERNES, CAROLE 205.00 Wf 90386 09/13/02 SOUTTER, CHRISTINE 35.25 wf 90387 09/13/02 WORDEN, KRISTEN 326.00 Wf 90388 09/13/02 BUNCE, LARRY 17788.74 wf 90389 09/13/02 BOTHWELL, KRISTIN 40.63 Wf 90390 09/13/02 BUSMAN, CHRISTINA 138.00 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 90391 09/13/02 DEGREE, AMANDA 66.00 Wf 90392 09/13/02 FRANK, LAURA 229.50 Wf 90393 09/13/02 GYSBERS, HEATHER 368.00 Wf 90394 09/13/02 HOIUM, PHILIP 72.00 Wf 90395 09/13/02 KLEM, JOSH 20.00 Wf 90396 09/13/02 LIUKONEN SHAWN 12.00 Wf 90397 09/13/02 LO, CHUEPHENG 28.00 Wf 90398 09/13/02 O'GRADY, ZACHARY 40.00 Wf 90399 09/13/02 OHLHAUSER, MEGHAN ; 364.07 Wf 90400 09/13/02 PALANK, MALADY 105.00 wf 90401 09/13/02 RAJAN, RAJIU 144.00 Wf 90402 09/13/02 WEGNER, CHRISTOPHER 22.00 Wf 90403 09/13/02 GERMAIN, DAVID (, 12683.14 4 Wf 90404 09/13/02 HAAG, MARK 1 Wf 90405 09/13/02 NADEAU, EDWARD 21341.54 Wf 90406 09/13/02 GLASS, JEAN 1 Wf 90407 09/13/02 HOIUM, SHEILA 953.77 Wf 90408 09/13/02 JACK, NICOLE , 175.10 wf 90409 09/13/02 MARKFORT, JOSHUA 102.00 Wf 90410 09/13/02 MOY, PAMELA 346.00 wf 90411 09/13/02 PARTLOW, JOSHUA 407.00 Wf 90412 09/13/02 RIDLEHOOVER KATE 54.25 w 90413 09/13/02 SCHMIDT, RUSSELL 1503.14 Wf 90414 09/13/02 SHOBERG, CARY 667.63 wf 90415 09/13/02 TOLBERT, FRANCINE 78.10 Wf 90416 09/13/02 UNGER, MARGARET 589.56 Wf 90417 09/13/02 VELASQUEZ, ANGELA 345.13 Wf 90418 09/13/02 ABRAHAMSON, DANIEL 27.84 Wf 90419 09/13/02 ANDERSON, CALEB 48.75 Wf 90420 .09/13/02 ATKINSON, PATRICE 84.64 Wf 90421 09/13/02 BRENEMAN, NEIL 82.20 Wf 90422 09/13/02 CHA.PMAN, JENNY 210.14 Wf 90423 09/13/02 COSTA, JOSEPH 58.80 Wf 90424 09/13/02 DEMPSEY, BETH 43.60 Wf 90425 09/13/02 DIERICH, ANDREA 75.90 Wf 90426 09/13/02 DUNN, RYAN 363.87 Wf 90427 09/13/02 FINNEGAN, KAREN 18.00 Wf 90428 09/13/02 FONTAINE, ANTHONY 77.51 Wf 90429 09/13/02 FRETZ, SARAH 94.80 Wf 90430 09/13/02 GRUENHAGEN, LINDA 236.85 wf 90431 09/13/02 HOLMGREN, LEAH 516.29 wf 90432 09/13/02 HOULE, DENISE 187.20 Wf 90433 09/13/02 HUPPERT, ERIN 10.30 Wf 90434 09/13/02 IRISH, GRACE 44.21 Wf 90435 09/13/02 JOHNSON, ROBERT 703.00 Wf 90436 09/13/02 JOHNSON, STETSON 96.95 13 Wf Wf Wf Wf Wf Wf Wf wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf wf Wf wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf Wf wf Wf wf Wf wf wf CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME 90437 09/13/02 KILGORE, MARGO 90438 09/13/02 KOEHNEN, MARY 90439 09/13/02 LINDSTROM, AMANDA 90440 09/13/02 MCMAHON, MELISSA 90441 09/13/02 MELCHER, ROBERT 90442 09/13/02 MISEMER, BENJAMIN 90443 09/13/02 MOES, EMILIA 90444 09/13/02 MOSSONG, ANDREA 90445 09/13/02 OLSON, ABIGAIL 90446 09/13/02 OLSON, MARGRET 90447 09/13/02 OWEN, JONATHAN 90448 09/13/02 PEHOSKI, JOEL 90449 09/13/02 RENSTROM, KEVIN 90450 09/13/02 RODEN, JASON 90451 09/13/02 SMITLEY, SHARON 90452 09/13/02 THOEMKE, MARIE 90453 09/13/02 TUPY, MARCUS 90454 09/13/02 WAGNER, ERIC 90455 09/13/02 WARNER, CAROLYN 90456 09/13/02 WEDES, CARYL 90457 09/13/02 WELTER, ELIZABETH 90458 09/13/02 WHITE, NICOLE 90459 09/13/02 BOSLEY, CAROL 90460 09/13/02 ERVIN, EMILY 90461 09/13/02 ESALA, HOPE 90462 09/13/02 EVEGAN, LAVITTA 90463 09/13/02 FLATER, JULIE 90464 09/13/02 GLASS, GILLIAN 90465 09/13/02 HANSEN, ANNA 90466 09/13/02 KURKOSKI, STEPHANIE 90467 09/13/02 ODDEN, JESSICA 90468 09/13/02 OIE, REBECCA 90469 09/13/02 SHERRILL, CAITLIN 90470 09/13/02 BEHAN, JAMES 90471 09/13/02 COLLINS, ASHLEY 90472 09/13/02 DIXON, NICOLE 90473 09/13/02 DOUGLASS, TOM 90474 09/13/02 HEGG, MICHELLE 90475 09/13/02 KOSKI, JOHN 90476 09/13/02 PATTERSON, ALBERT 90477 09/13/02 PETERSON, LYNDSAY 90478 09/13/02 RISTOW, JONATHAN 90479 09/13/02 ROSSET, BRITTANY 90480 09/13/02 SCHULZE, BRIAN 90481 09/13/02 SEVERSON, HOLLY 90482 09/13/02 YOUNG, MATTHEW AMOUNT 36.00 417.58 100.75 170.26 118.63 26.00 52.70 133.57 249.49 79.63 374.75 232.05 193.23 87.50 237.40 26.56 227.73 150.00 111.00 104.25 39.60 121.59 236.90 12.00 36.00 49.50 15.00 89.55 97.20 12.00 27.00 27.00 80.00 1,513.14 192.85 27.00 913.13 26.20 1,097.54 851.63 20.85 97.30 114.30 145.70 89.40 73.15 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE Wf 90483 09/13/02 Wf 90484 09/13/02 EMPLOYEE NAME MULVANEY, DENNIS PRIEM, STEVEN AMOUNT 1,896.29 1,709.22 413,374.65 15 MEM RANDUM Acdon b Counci I TO: Richard Fursman, City Mania er FROM: Karen Guilfoile, City Clerk Date DATE: September 17, 2002 Endorsid _ RE: Certification of Election Judges Modifies Re j ect�.....�.....,. RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2002 State General Election, to be held on Tuesday, November 5, 2002: Charlotte Alm Mary Ann Franssen Richard Lambert Jacque Phillippi Elsie Anderson Rita Fredrickson Anita Larson Bev Poleceh Carol Arnold Bevery Gelao Nancy Lash Ida Quistad Marlys Barrett Clarice Gierzak Robert Lundgren Linda Randolph Joan Bartelt Mark Gilstad Lorraine Lauren Marlene Reitmann Gerald Behm Diane Golaske Anita Leeman RoseMarie Rossi Jaime Belland Betty Granger Barbara Leiter Elaine Rudeen Carol Berger Guy Grant Jacqueline Leiter Ronald Rutz Mery Berger Mary Grant Thelma Ling Florence Sajevic Pat Blank Pierre Guilfoile William Little Karla Sand Donna Brown Ray Gullickson Delores Lofgren Larry Schaaf Jeanette Bunde Betty Haas Richard Lofgren Mary Ann Joan Button Carol Hamre Shirley Luttrell Schneider Lucille Cahanes Ronald Hamre Paul Maeyaest Sandy Schoenecker Geraldine Callahan Wendy Haavistor Carol Mahre Don Schroepfer Anne Cardenas Walter Hayde Rose Marie Harriet Schroepfer Robert Carr Jacqueline Hayne Manders Teresa Shore Margaret Cokley Lloyd Hecht Claire Markie Richard Simmer Thomas Connelly Gordon Heininger Thomas Maskrey Evelyn Skluzacek Mae Davidson John Henry Esther Maudal Terese Sonnek Lawrence Dean Pat Hensley Jackie Meyer Bob Spangler Virginia Dehen Constance Hines Joan Misgen Louis Spies Bernice Del Monte Anna Mae Hogan Bill Moen Kenneth Sullivan Bhupat Desai Jennifer Hollerbach Katherine Mollers Theresa Sullivan Kumad Desai Shirley Horton Arthur Mollica Lorraine Taylor Jean Dickson Kevin Hustings Jackie Monahan- Rita Taylor Kathy Dittle Mildred Iversen Junek Faith Thomforde Grace Dornfeld Nancy Jackson Betty Mossong Milo Thompson Diane Droeger Robert Jackson Delores Marsch Pat Thompson Fred DuCharme Jeff Janacek Howard Muraski D. Franklin Tolbert Audrey Duellman Barbara Jensen James Nieman Carmen Marge Dvorak Barbara Johnson Louise Nieters Tomaszewski Betty Eddy Don Jungmann Rozanne Nohre Geraldine Trooien Carolyn Eickhoff Marilyn Kidman Ann Marie Norberg Patricia Trumble John Eineke Helen King Neva Norman Cecilia Tucker Elizabeth Erickson Rosemary Koch Beverly Ogilvie Barbara Vandeveer Shirley Evertz Ron Kockelman Elizabeth Olson Mary Vante Ann Fallon Joan Kolasa Mary Olson Gene Wandersee Lorraine Fischer Joseph Kolasa Norman Olson Gayle Wasmundt Mary Fischer Nicole Korolchuk Phyllis Pauly John Willy Delores Fitzgerald Mona Krekelberg David Pehl Delores Witschen Edward Fitzgerald Margaret Kunde Karyl Petersen Sandra Wittmann Bob Flood Marvella Lackner Sophie Peterson Anne Fosburgh Rita Lally Lorraine Petschel Agenda MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 17, 2002 RE: Personal Service License - Individual Actions by Council Rejected J Deborah Sue Hart is requesting an individual personal service license at Vitality House Center, 2019A woodlyn Avenue. The Vitality House is operated by a family chiropractor. Ms. Hart has previously been licensed with the City and worked at the Maplewood Community Center with Sister Rosalind Gefre. Background Ms. Hart graduated from Sister Rosalind Gefre's School of Professional Massage and has completed the requirements of training in theory, method and techniques of massage to be licensed by the City of Maplewood. She is also a nationally certified massage therapist. In accordance with Maplewood ordinances, an extensive background investigation has been conducted on the applicant. Nothing has been found that would prohibit issuing a personal service license to Ms. Hart. Recommendation It is recommended that above named applicant be approved for an individual personal service license. Agenda - Act by t�� MEMORANDUM Date Endorse TO: Richard Fursman, City Manager Modified _ Rejected FROM: Karen Guilfoile, City Clerk DATE: September 18, 2002 RE: Food Permit Waiver of Fee The Hmong Alliance Church, 1770 McMenemy Street, is having a fundraising event from September 14 — 21, 2002 at the church. Funds raised during the event will be used for church improvements and the parking lot project. The miscellaneous food permit fee is $45.00 per day. The church has requested that the fee for the miscellaneous permit be waived. Past practice of the council has been to waive fees for such fundraising events. Recommendation It is recommended that Council waive the $45.00 per day permit fee. AGENDA NO. (5 4!!S� AGENDA REPORT TO: City Manager FROM: Human Resource Director RE: Revised personnel Policies DATE: September 16, 2002 Action by o Date Endorsed Modified Rejected We have recently examined and revised two of our Personnel Policies: Annual Leave and Employment of Family members. Annual Leave Most of the revisions to Annual Leave are housekeeping changes removing old language that is no longer relevant. We also simplified and re- ordered some of the wording to make it easier to read. The only substantive change is eliminating eligibility for annual leave for employees who work less than 20 hours per week. We did this to be consistent with recently negotiated language in the AFSCME agreement. There are currently no employees that this change would affect. Employment of Family Members This policy was revised to explain the types of situations that are relevant and to further explain the rationale for the policy. It also clarifies that the City Manager can make exceptions to this policy in certain situations. RECOMMENDATION It is recommended that the City Council approve the attached revisions to the Maplewood Personnel Policies: Section 9 - Annual Leave and Section 4 - Employment of Family Members. This is to replace Personnel Policies, Section 9 Leaves, Annual Leave (pages 26 -30): ANN UAL LEAVE A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City's vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best "fit" for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee's supervisor, a doctor's statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part -time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part -time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro -rated annual leave. Annual leave will accrue on spay- period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62 -day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as "deferred sick leave" until the balance was exhausted. Deferred sick leave can be used for any doctor - certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for more than three (3) consecutive days. If an employee knows they will be out for more than three (3) consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know —in advance —they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within three (3) days, they will use annual leave. If the medical condition extends beyond the three (3) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances Unused vacation balances were converted to annual leave on a one- for -one basis for employees who converted from vacation /sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March, 1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short -Term Disability Insurance - The City adopted an optional short -term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has along -term disability program in place where benefits begin at ninety (90) calendar days. Short -term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long -term disability insurance payments and their regular take- home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee's start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion -There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and /or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 20001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one - for -one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee's current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee's straight time rate not including overtime, pay differentials, out -of -class adjustments or any other additions to regular pay. This is to replace Personnel Policies, Section 4 Recruitment and Selection, paragraph C of Selection (page 13): The City will normally not employ two members of the same family under any of the following circumstances: ➢ Where one employee would supervise, evaluate, or participate in the disciplinary action of his /her family member; ➢ Where one family member may significantly influence the work or working conditions of another family member; ➢ Where one employee would be responsible for auditing the work of another family member; or ➢ Where confidentiality of the City would be compromised. For purposes of this policy only, family members include: parent, stepparent, parent -in- law, child, stepchild, son- or daughter -in -law, sibling or sibling -in -law, grandparent, grandchild, legal guardian, or ward of an employee or elected official. This policy does not apply to the hiring of casual part -time, seasonal, or temporary positions or to paid -on -call firefighters unless one family member will be supervised either directly or indirectly by another. All appointments of family members in the same department must be approved by the Department Head, Human Resource Director and City Manager, including any exceptions to this policy. AGENDA ITEM C � AGENDA REPORT TO: City Manager FROM: Action by Council Date Endorsed Charles Ahl, Director of Public Works /City Engineer Modif -ed Rejected SUBJECT: Resolution Requesting Speed Study on McKnight Road between Maryiand 77ve=e and Larpenteur Avenue DATE: September 16, 2002 Introduction Ramsey County has jurisdiction over McKnight Road. A number of residents along McKnight, especially in the area of Arlington Avenue, have approached the county about studying the posted speed limit along this segment. The commissioner of transportation at MnDOT sets all speed limits in p p Minnesota. The commissioner has a speed study conducted along each segment of roadway to determine the appropriate speed limit. Ramsey County must request the speed study. Ramsey County has a policy that asks the local jurisdiction to request the speed study. Background The current speed limit on McKnight Road between Maryland and Larpenteur is 45 miles per hour. A speed study will review the speed of all drivers and determine the 85 percentile speed. The 85 percentile speed is the speed that at least 85 percent of the drivers are going less than. In a majorit of the speed limit studies, the commissioner will establish the speed limit at the 85 th percentile level. The justification for using the 85 percentile level is that most drivers drive at the safe level of speed, and an artificially low or high speed limit will create a greater difference of speeds (i.e. one driver at 25 mph vs. one driver at 50 mph). Studies have shown that the greater difference in speed between vehicles is a higher contributing factor to accidents than simply roadway speed. The County Board, upon receiving a resolution from the city, will request the speed study from MnDOT. The possibility that MnDOT may recommend raising the speed limit exists, although the county's traffic engineer does not believe that recommendation is likely. Approval of the resolution is recommended. The speed study will likely be conducted this fall. Recommendation It is recommended that the City Council adopt the attached resolution that requests a speed study for McKnight Road between Larpenteur Avenue and Maryland Avenue. RCA jw Attachments: Project Map Resolution Goodrich U F it J —` `"'' 150 �. J Pork Hillside o' °� �. KN LL CIR. CL ; Pork >- � RIPLEY AVE. RIPLEY AVE,, •� W1N � U_ o KINGSTON ^�� KINGSTON i AVE. sovrH i AVE \ -� SOUTH WIN 3: QE PRICE AVE. RD. fr 0 t Cn _ Uj MCKNIG LN � 30 m � LARPENTEUR AVE. r En i , 1 © cn — �; J p _j IDAHO AVE. CD � O CC LJ ?- La # OYTIAVE. 5 i # f , MONTANA AVE. , MONT � MONTANA � �� �- Go. TEVUN OAK AVE. CT. ; R_��.\ NEBRASKA 0� A 68 w ��"�� a,�s4 Pti \55 j o _j �C 3 4 2 Nebraska � J A ' RYAN DR. SPEED STUDY r p,RL INCTO[� {,`� Trailer OAKHILL CT W Court zz # d ANGELA CT �}'C\ dim v {f t # U Proirie J 5 ' Troller CL 1 Court � lCkEY LN G L ELKHEART LN 1 - AVE. Cn TILSEN �� DO HtN DR a # La COYOTE LN I At TELOPE WAY z Z © j � � = 81SON LN _, 2 AMBERJACK LN = z � � >- v 3 11 LSEN C . 1 3- 3 BEVERDALE RD # Q g 2� 4 BOBCAT LN 1 3# 4 5 to 5 GOUGER LN HAWTHORNE AVE. E. MARYLAND AVE. t —1 4 3 ROSE AVE. a-- _ (-)14 �vM Q AVE. �— z� Rp•1y C� GERANI MAGNOUA Lij Y U Geranium �A Beavef Ili z Pork �-� \;- / 5 J �J - • .. - • Lake., In 68 Z oo (n < F— z STER AVE ARVE Ir no scale LOCATION MAP RESOLUTION REQUESTING SPEED STUDY McKNIGHT ROAD (MARYLAND to LARPENTEUR) WHEREAS, Ramsey County has jurisdiction of McKnight Road between Maryland Avenue and Larpenteur Avenue within the City of Maplewood, and WHEREAS, residents along this segment of roadway are concerned with the overall roadway speed, and WHEREAS, a speed study will provide an evaluation to determine the appropriate speed for this segment of roadway. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: A speed study of McKnight Road between Maryland Avenue and Larpenteur Avenue is hereby requested to evaluate the segment speed limit. Adopted this 23r day of September 2002. AGENDA ITEM AGENDA REPORT Action by Council TO: City Manager Date Endorsed - FROM: Charles Ahl, Director of Public Works /City Engineer Modified ejected SUBJECT: Signal Agreement with Washington County, Ramsey County, City of Woodbury*d City of Maplewood for Signal Maintenance at Upper Afton Road and Century Avenue DATE: September 16, 2002 Introduction The existing signal system at Upper Afton Road and Century Avenue is being transferred from MnDOT to the Counties of Washington and Ramsey. A maintenance agreement is required because the City of Maplewood has jurisdiction over Upper Afton Road, which is one leg of the signal system. The city currently has an agreement with MnDOT for the signal system maintenance. Background A new agreement has been prepared by Washington County. The agreement establishes that the counties will own and maintain the system. The Cities of Woodbury and Maplewood will provide electric power and relamp the luminaries at a cost to be shared equally. Additionally, the cities share the cost of the Emergency Vehicle Pre- emption System (EVP) equally. This cost sharing is similar to _.the existing agreement that the city has with MnDOT for the signal. It is not anticipated that the actual cost to Maplewood will change. The only change will be who receives payment. It does not appear there are any issues with this agreement. Recommendation It is recommended that the City Council approve the attached four -party agreement with Washington County, Ramsey County, the City of Woodbury and the City of Maplewood for signal maintenance at Upper Afton Road and Century Avenue and authorize the Mayor and Manager to sign the agreement. jw RCA Attachments: Location Map Agreement .f t i s F #t i•'� :� i ` S { { � 1 � { i j � t � � �, � "',� i' — '" �-- �. \ 'mow`~ i'�`�`�� ' ;S t ; `�.J.%' j � .a c..,._..�.._. � .-._ �� i s t j k } 4 �- � # t { t i t✓ � -- i � . _ .• �. Q ; .n( i{ i F — +'—: i i �e`�•r ! { # 5 � { i s __ } i i j { 1 i i i -- - r- - — s`� (i 't i � ! f � �! i i � # , i � i i 1 � �;• ._.--- • ' t a \ `.— °, } -� �� 2 ' £ f .,, ^"-• f f j # � # `c�s � ; C f = � 2 `j f i .�� { i �'_ro ---• - -� � i � — `-- 1( 2 Tannerc -.' �' —�-_• : j{ _ y s :. 1 � �t 1 f: ^.: L:._:� E , j f i# t s t .'."" t i - .� � ....._ . i :-. ._...r j } i I C 1 "Z,...._�..._._# i � ;-... og�}�q , i -_ ♦ .., ' ` i � # is F t L f Lake { ; HUDS r U H IDSO PL, � f-- � w CD +- Y ,- z o w V) i ��q 1 'Ell ''W, D L ii.1 m 0 � -- C Q - MAYER L _._ JAMES DR. ° LLJ z Qq Afton CD Q U) —� w GR� Heights z � j — —� - Q OWL A - � 'l-'- p ASK Pork J }- J z Z w -'- A�- � Q U w W of R G� 00 w ° LL- o Q Q ME UPPER AFTON RD. c ° �` af 35 0 120 z w U 13 A i-�L� PARS PROJECT LOCATION no scale LOCATION MAP WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION AND PHYSICAL DEVELOPMENT TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF WASHINGTON, THE COUNTY OF RAMSEY, THE CITY OF WOODBURY AND THE CITY OF MAPLEWOOD FOR MAINTENANCE OF A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF UPPER AFTON ROAD AND CENTURY AVENUE (WASHINGTON COUNTY CSAH 25 1RAMSEY COUNTY CSAH 72) IN WOODBURY AND MAPLEWOOD THIS AGREEMENT made and entered into by and between the County of Washington and Ramsey County, political subdivisions of the State of Minnesota, hereinafter referred to as the "Counties" and the Cities of Woodbury, Minnesota, a municipal corporation, and Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the "Cities "; WHEREAS, it has been determined to transfer jurisdiction of the existing traffic control signal at the intersection of Upper Afton Road and Century Avenue (formerly designated Trunk Highway 120) from the State of Minnesota to the Counties, and; WHEREAS, the Counties and Cities will share in the maintenance costs of the traffic control signal as hereinafter set forth; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Counties shall accept ownership of the actuated traffic control signal with overhead and pedestrian indications at Upper Afton Road and Century Avenue (Washington County CSAH 25/ Ramsey County CSAH 72) in the Cities. 2. The Cities shall provide necessary electrical power for its operation and clean and relamp the luminaries (overhead street lights) at the cost and expense shared equally by the Cities. The City of Woodbury shall receive and pay the electrical power invoice and bill the City of Maplewood annually. 3. Washington County shall maintain and keep in repair the Emergency Vehicle Preemption System at the Cities' cost and expense, to be shared equally. Washington County will bill the City of Woodbury and the City of Maplewood annually for 50 percent of the annual costs. 4. Washington County shall maintain and keep in repair the traffic signal, including relamping, cleaning, and painting of the signal. This cost and expense will be shared equally by Ramsey County. Washington County will bill Ramsey County annually. 5. The Cities shall defend, indemnify, save, and hold harmless the Counties and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of, or by reason of, the performance of any work by the Cities provided for hereby, and further agrees to defend, without cost or expense to the Counties, its agents or employees, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of the work to be performed by the Cities. 6. Any and all persons engaged in the aforesaid work to be performed by the Counties shall not be considered employees of the Cities, and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the Cities. The Counties shall not be responsible under the Worker's Compensation Act for any employees of the Cities. Page 1.of 3 7. The Counties shall defend, indemnify, save, and hold harmless the Cities and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of, or by reason of, the performance of any work by the Counties provided for hereby, and further agrees to defend, without cost or expense to the Cities, its agents or employees, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of the work to be performed by the Counties. 8. All timing of the traffic control signal provided for herein shall be determined by Washington County, and no changes shall be made therein except with the approval of the Washington County. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. CITY OF WOODBURY CITY OF MAPLEWOOD Mayor Date City Administrator Date Approved as to form: City Attorney Date Recommended for approval: Woodbury Date City Engineer Mayor Date City Manager Date Approved as to form: City Attorney Date Recommended for approval: Maplewood Date City Engineer Page2of3 COUNTY OF RAMSEY Chair Date Board of Commissioners Ramsey County Date Budget and Accounting Approved as to form: County Attorney Date Recommended for approval: Ramsey Date County Engineer RA201605 - TH 120 tb affiAgreements \Upper Afton &Century.doc COUNTY OF WASHINGTON Bill Pulkrabek, Chair Date Board of Commissioners James R. Schug Date County Administrator Approved as to form: Asst. County Attorney Date Recommended for approval: Donald C. Wisniewski , Director Date Transportation & Physical Development Page3of3 PROCLAMATION WHEREAS, the vitality of our City depends on how safe we keep our homes, neighbor- hoods, schools, workplaces and communities; WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health, prosperity and quality of life; WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their families, neighbors and co- workers from being harmed by crime, violence and drugs; WHEREAS, the personal injury, financial loss and community deterioration resulting from crime are intolerable and require investment from the whole community; WHEREAS, crime prevention initiatives must include self - protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive educational and recreational opportunities for young people; WHEREAS, adults must invest time, resources and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving .crime from their communities; WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses and individuals as they help to nurture communal responsibility and instill pride; NOW, THEREFORE, we do proclaim October 2002 as Crime Prevention Month in the City of Maplewood and urge all citizens, government agencies, public and private institutions and businesses to invest in the power of prevention and work together for the common good. Robert Cardinal, Mayor Date Agenda # MEMORANDUM TO: City Manager FROM:. Ken Roberts, Associate Planer SUBJECT: Conditional Use Permit Review LOCATION: 2055 White Bear Avenue PROJECT: Sobriety High School DATE: September. 3, 2002 INTRODUCTION The conditional use permit (CUP) for Sobriety High School, 2055 - White Bear Avenue, is due for review. The CUP is for a school in an M -1 (light manufacturing) zoning district. (See the maps on pages two through five and the city council minutes, starting on page six.) .BACKGROUND On September 10, 2001, the city council approved a CUP for the school to operate from the existing office /warehouse building on the site. (See the council minutes starting on page six.) DISCUSSION The school is open and meeting the conditions of approval set by the city council. The city has not had any complaints about this school and staff. is not aware of any problems at this site. As such, staff does not see any problem with extending this approval another year. RECOMMENDATION Review the conditional use permit for Sobriety High School at 2055 White Bear Avenue again in one year. The council may review this permit sooner if a problem arises or if the owner proposes a significant change to the site or to the school. Kr /p:sec15 /sobriety review.02 Attachments: 1: Location Map 2. Property Line/Zoning Map 3. Area Map 4. Site Plan 5. September 10, 2001 City Council Minutes Attachment 1 4 Noah OD AVE. U 2 t th AVE. Haz el wood Z z J1 2 ROAD W ` c C23 > Z3 C� [Amy�E. g ]TA]VE. z 65 D EHILL RD. W z cn DEMON w % - + }- ROOK 8 E. 1 (n �' A Four C> SEXTANT AVE. AVE. arc Z k C� � g c » [ GRAN DVIEW F=LAV 36 36 VIKING (A SHERREN AVE. /� AVE. COP [Knu He ad Lake ' AVE. COPE AVE. E AVE. 4 t— K AVE i W a v z �,; z LAURIE RD. LAURIE RD. _ oc LAURIE RD. Y N r 1 SAND HURST Park z vri AVE. Lo ors B CO. RD. > B t� - <E AV. BURK AVE. � L BURKE// B AVE. S AP t� Community . =�. ELD IDGE AVE ,John 65 Cent BELMON L LN. o �- Hoy AV E. SKILL MAN AVE. w HARRIS AVE. 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LOCATION MAP 2 U � HOYT k4ot4TAN 4 N Attachment 2 ROAD T _ �� 5.1 Q �3� -- -- - -- i..J ., ect o n •.-d m B s i i 4 6 . 738.155 i c , �n S 5 O' cook AU in x I r • O 79 . 7 - 7503 7Q �v t4 `` ` O OHO .. » w •• r 40 is 1 / 1 �0 6 ' ( (2� 3,� ( 45• N ; 3 Z 116 12 3 1. 1 5 1 , 7 8 9 t0 I II 1 13 ��. 5 s"� / �� s IS 14 13 I 11 10 9 8 5 4. z I o 1'1 4 . / V , n .� b ✓� I �4) 1 JR1 (✓I� � \ \� A > M�� • Itl (IZ� C� f 7 \ 3 r w I , i `. 1 .1 _ 19 / " �'► _ I 1 21 ZZ 23 24 25 24 S 2 6 LG I N 31 130 24 22 ( a ^ Ko 9 i 129' 28� ZG� 25� h3 I �1 20 r 11 v � 6 � I I b I 1�1 NJ 12 �p 4Q • • • • • • • • • •• • 40 1 9 9.Z� 0 � - Z•i / - H°o 6 BURKE AVE. / !6.98 u li9o.t T.S 453505 5- ► -� �ts524 3 O 10 •• •• •� w _ •• , 5 l9 4o ^ r,`:'• P,� 47 .9 ,r t. 115. 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Monday, September 10, 2001 Council Chambers, Municipal Building Meeting No. 01 -19 1. 7:10 Sobriety High School Conditional Use Permit (2055 White Bear Avenue) a. City Manager Fursman introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons .were heard: Lorraine Fisher, Maplewood Planning Commission Lew Moran, Representing Sobriety High School Jim Czarmecki, CEO; Sobriety High School d. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to approve the following resolution approving a conditional use hermit for the Sobriety hiLyh School to Werate in the building at 2055 White Bear Avenue: RESOLUTION 01 -09 -76 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Lew Moran, representing Sobriety High School, is requesting that Maplewood approve a conditional use permit for a high school to operate in an existing office /warehouse building. WHEREAS, this permit applies to. the property at 2055 White Bear Avenue. The legal description is: SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4,5 & 6 BLK 6 DESCRIBED AS C OM AT SW C ORNER . OF SAID LOT 6 THEN NELY ON WESTERLY LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING; THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT 6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15- 29- 22 -11- 0050) WHEREAS, the history of this conditional use permit is as follows: 1. On August 20, 2001, the planning commission recommended that the city council approve this permit. 2. On September 10, 2001, the city council held a public hearing. The city staff published a 1 6 notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also. considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1 The use would be located, designed, maintained, constructed and operated to be in conformity with the Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance. to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. l 60 The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between - governmental units would be best served by such a waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans dated July 25, 2001, as approved by the city. The director of community development may approve minor changes. 2. The proposed school must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 50 students. 4. The property owner or manager shall sweep and restripe the parking lot before the school occupies their space. 5. The city council shall review this permit in one year. 7 2 $ 3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Budget Transfer for Bruentrup Farm DATE: September 17, 2002 AGENDA NO. C/O Action by Council i Date En 0 I Wawa Reaeetea The cost to install water and sewer service mains at the Bruentrup Farm is $4,700. It is recommended that the City Council authorize a transfer from the General Fund contingency account to finance this cost. P \agn \Brunetrup Farm budget transfer.doc t; t AGENDA REPORT TO: City Manager FROM: Finance Director RE: Budget Transfer for Bruentrup Farm DATE: September 17, 2002 AGENDA NO. C/O Action by Council i Date En 0 I Wawa Reaeetea The cost to install water and sewer service mains at the Bruentrup Farm is $4,700. It is recommended that the City Council authorize a transfer from the General Fund contingency account to finance this cost. P \agn \Brunetrup Farm budget transfer.doc Agenda # Action by Caun • cll Date REPORT SUMMARY Endorsed :Modified Re's Applicant: Roy Carlson Budget Towing and Tire Site Address: 1291 Frost Avenue Zoning: Business Commercial Land Use: Business Commercial City Council Hearing Date: September 23, 2002 60-Day Deadline: October 19, 2002 Project Description: Roy Carlson of Budget Tire of Minnesota, Inc., is requesting to display 10 tire racks, or approximately 180 tires, on the exterior of the .property at 1291. Frost Avenue in. association with his towing and tire repair business. Request: The proposal requires a conditional use permit for the exterior display of items within the business commercial zoning district. Recommendations: Staff recommends approval of the conditional use permit. On September 4, 2002, the planning commission recommended approval of. Budget Tire's conditional use permit for the exter*ior display of tire_ s within the BC zoning district. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: City Manager Shann Finwall, Associate Planner Conditional Use Permit for the Exterior Display of Tires Roy Carlson -- Budget Towing and Tire 1291 Frost Avenue September 13, 2002 INTRODUCTION Project Description Roy Carlson of Budget Tire of Minnesota, Inc. (Budget Towing and Tire) is proposing to lease the old fuel station /repair shop located at 1291 Frost Avenue from the owner of the Maplewood Bowl, Deleano Benjamin, for a towing and fire repair business. Mr. Carlson is proposing to display 14 fire racks, or approximately 180 tires, on the exterior of the property during daytime business hours. Request The exterior display of goods or materials requires a conditional use permit DISCUSSION Roundabout In combination with the old fuel station property and the Maplewood Bowl property, Mr. Benjamin owns a large parcel of land on the northwest corner of Frost Avenue and English Street. In order to accommodate the roundabout the city is constructing at the intersection of Frost Avenue and English Street, the city was required to purchase additional right -of -way from Mr. Benjamin's property. The city removed one of the driveway entrances to the old fuel station with the additional right -of -way. Mr. Benjamin was concerned that the removal of this driveway would take away much of the marketability of the old fuel station lot because it now has limited access. Redevelopment With the addition of the roundabout at the intersection, Mr. Benjamin has expressed a desire to work with the city on the redevelopment of his land. Until such time, however, Mr. Benjamin hopes to. gain an ongoing income from the old fuel station property at 1291 Frost Avenue. Existing Budget Towing and Tire Businesses Mr. Carlson currently runs two towing/tire repair businesses. One is looted at 846 Earl Street in St. Paul (see pictures of St. Paul location on page 10) and the other is located at the Sinclair Fuel Station at 223 Larpenteur Avenue East in Maplewood. (Refer to pages 11 and 12 for information on the existing Budget Towing and Tire businesses.) At both locations Mr. Carlson operates a towing dispatch center and fire repair business. No vehicles are stored on either site, When Mr. Carlson first moved to the Sinclair Fuel Station approximately one year ago, he began displaying tires on the exterior of the building. City staff became aware of this and informed Mr. Carlson of the city's ordinance which requires a conditional use permit for this type of display. Mr. Carlson immediately complied with the ordinance and began displaying his tires only on the inside of the building. At that time, however, Mr. Carlson expressed a desire to apply for the conditional use permit in the near future for the display of the tires at that location. Soon after this, Sinclair Oil Corporation applied to the city for a conditional use permit to expand the Sinclair Fuel Station on Larpenteur Avenue. Sinclair Oil Corporation is preparing to begin that expansion soon, at which time Mr. Carlson's lease will terminate. 1291 Frost Avenue Automobile Related Businesses City code requires a conditional use permit for automobile service stations or repair businesses. The old fuel station property at 1291 Frost Avenue was constructed before this requirement. It has been operated as an automobile station and /or repair business since it was constructed. Therefore, any automobile related business is allowed to operate from this site without a conditional use permit, until this type of use ceases for more than one year. However, all automobile related businesses must meet city codes including no unlicensed or inoperable vehicle storage on the premises for more than 48 hours, except in storage areas that are fully screened from public view, as well as other compliance items. DunRite Towing and Repair A problematic business by the name of DunRite Towing and Repair was leasing the old fuel station property at 1291 Frost Avenue for approximately three months. DunRite Towing and Repair violated the city's zoning code by conducting automobile salvaging and storing inoperable and unlicensed7 vehicles on the premises. (Refer to the pictures of DunRite Towing and Repair on pages 13 and 14.) Because of continued noncompliance with the city's zoning code, the city issued a citation to DunRite Towing and Repair. Soon after the city issued the citation, Mr. Benjamin also terminated their lease. Relocation of Budget Towing and Tire Business The termination of DunRite Towing and Repair's lease came at the same time that the city was negotiating the purchase of the additional right -of -way from Mr. Benjamin. In order to ensure an ongoing income for Mr. Benjamin from the old fuel station property until the area is redeveloped, city staff suggested that Mr. Benjamin contact Mr. Carlson for the relocation of his business tothe., site. Mr. Carlson visited the site with Mr. Benjamin and expressed an interest in leasing the building. At that time, Mr. Carlson also assisted Mr. Benjamin and the city by towing away five old cars that were left behind by the DunRite Towing and Repair business. Mr. Carlson is now willing to lease the old fuel station property at 1291 Frost Avenue from Mr. Benjamin with the knowledge that the area may be redeveloped and his business would have to be moved in the future on the condition that his business be allowed to display tires on the exterior of the building. Mr. Carlson states that the display of tires is an integral part of the business because "unless the customer can see the tires, they will not buy them." Exterior Display Proposal Mr. Carlson proposes to operate the same type of business at 1291 Frost Avenue as he has at the St. Paul site and the Larpenteur Avenue, Maplewood site. The business will consist of a towing dispatch center and tire sales and repair with no overnight storage of vehicles. The hours of operation will be from either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m., depending on traffic flows once the roundabout construction is complete. The business will be open Monday through Saturday and will have two to three tow vehicles in operation during the day, with only one tow vehicle stored outside in the back of the building during the evening. Mr. Carlson proposes to display five tire racks on the west side of the building and five tire racks on the front of the building. Each fire rack can accommodate 18 tires, for 180 tires. Mr. Carlson proposes to display the tire racks only during business hours, and store the tires indoors in the evening. The tires that Budget Towing and Tire remove from customers' vehicles will be stored indoors and removed from the property daily. Budget Towing and Tire 2 September 13, 2002 Mr. Carlson and Mr. Benjamin propose to make some improvements to the property including painting the building, removing black paint from the windows, removing an old oil tank from the west side of the building, and installing landscaping in the front of the property, near the roundabout. Previous businesses in this location stored their dumpsters on the side or rear of the building. Mr. Carlson proposes to store a small dumpster within the existing screening fence which was originally used to screen the oil tank. Fire. Safety Issues Butch Gervais, Fire Marshal, states that the uniform fire code requires the exterior storag of tires to be located at least 10 feet from any property line or building, and the tires cannot exceed 6 feet in height when stored within 20 feet of any property line. This requirement does not include the disdav of tires. Regardless, there is 30 feet from the west side of the building to the property line, which leaves plenty of room to comply with a 10 -foot setback. Summary The. exterior display of tires at a very visible intersection is not the most desired scenario for the city. However, given, the problematic background of the property, the improvements proposed, Budget Towing and Tire's clean and reputable business background, and the fact that the situation will be temporary, staff is supportive of the proposal. Committee Action On September 4, 2002, the planning commission recommended approval of Budget Tire's conditional use permit.for the. exterior display of tires. (see attached 9/4/02 planning commission minutes). RECOMMENDATION Adopt the resolution on pages 15 and 16. This resolution approves a conditional use permit for the exterior display of tires at 1291 Frost Avenue. Approval is based on the findings required by the code and subject to: 1. The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m.). All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 10 tire racks that hold 18 tires each. 3. The exterior display of tires is limited to the west side of the building and toward the front of the west garage door. 4. The conditional use permit shall be reviewed for compliance with the required conditions in the event the property is leased to a new business that intends to operate an automobile related business with exterior tire display. 5. If the conditional use permit for exterior display of tires is abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 6. Pavement on the site must be repaired and resurfaced by June 1, 2003. 7. The conditional use permit for the exterior display of tires shall be reviewed again in one year. Budget Towing and Tire 3 September 13, 2002 REFERENCE INFORMATION SITE DESCRIPTION Site Size.: 15,154 square feet Existing Land Use: Vacant Building SURROUNDING LAND USES North: Maplewood Bowl South: Frost Avenue and City Open Space across the Street East: English Street and Moose Lodge property across the Street West: Liquor Store PLANNING Existing Land Use Plan: Business Commercial (BC) Existing Zoning Business Commercial (BC) CRITERIA FOR APPROVAL See the nine conditional. use permit requirements as listed in the resolution on pages 1 5 and 16. Application Date We received the complete app_ lications for this proposal on-August. 20, 2002. State-I law requires that the city flake action within 60 days of .receiving complete applications for a land use proposal. Therefore, city action is required on this proposal by October 19, 2002. P:\comdevlsecl61budget towing Attachments: 1. City Location Map 2. Location Map 3. Zoning Map 4. Land Use Map 5. Site Plan 6. Budget Towing's Existing St. Paul Location 7. Budget Towing Business Information 8. DunRite Towing Pictures 9. Conditional Use Permit Resolution Budget Towing and Tire 4 September 13, 2002 ment 1 W a] I 5 City Open Space t Attachment 2 Location Map 6 ZONING ' {= :.Light Manufacturing Heavy Manufacturing ® Neighborhood Commercial - Commercial Office Limited Business Commercial ® Commercial Modified ® Business Commercial ® Shopping Center Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential Y High Multiple Dwelling ' Residential High Multiple Dwelling Residential Condo Planned Urban Development 30000 Residential Estate 40000 Residential Estate Farm Zoning Map 7 r LAND USE Light Manufacturing Heavy Manufacturing ® Neighborhood Commercial ® Commercial Office . Limited Business Commercial Business Commercial Modified O Business Commercial �--- Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential Low Multiple Dwelling Residential Medium Multiple Dwelling Residential High Multiple Dwelling Residential 30000 Residential Estate - 40000 Residential Estate Park Open Space School ® City Government Library ® Cemetery N ffM Church = Fire Station V�1 E S 8 Land Map Site [:Ilan Attachment 6 6 51 nletzs haj r�- -� �2 �`AClSs on d;splq Budget T St. Paul Location (905 East 7th St 10 Attachment 7 wvw t0vtrman. c am First On The Scene! ^ ,,,,.iA .• 'yyR . ` •- .:.:.`.a' .-+y LwLevluUwrau+ w4fua IU+ aWUUUCwA USluyuu. YYwWl+ �IMJUUdYLY. KJe+ WU46erWL ►+aiYUbi,1+4�itLlaWefYU .. S ' .,.1 .x-. i ....a, ::. ` ..... .... a A,...., -� • . , Y �;. . des }' . .. '':AWn ^ .. ;:;1 `Y AtktAl kiSliL 'fitrt+lSf.Kk6lAigYY:,M' i d �5: l 'k�Ai - "td4MtCYiYa3diVi .... .. L }lyt ' , 3.ikrtdaaCJiwfGWkJ+ 11 L a r rr N i• ,s t 1 + ; rai}i r 9V L r :• t J -Roy Carlson, Sr. of Budget Towing f ,c I a.c.:�,t ° A ssistance Motorcycl ���;�r����� � ��` (dT,a V ,M .... Touring Services ire — f PTO's /Clutch Pum • ` s � t�s p fi Chelsea Pr • I ndust r y -I s oducts Muncie Power Products ry y C� Su Y : Safe Products • }I ftT VanTech /Safet Line i � y Batte E u me °nttr t Joo�Ya� I r w G rY q p 1 . Inc _ T w` • 4Lrrt`t vF�Srk tfxH„ iC.tr' • T o ' IV LLC. — Brake & Brake u�• Sabrak . .4 Voltair In — Ix�{ ,, M V ­,­­- c. Trailers Kalyn Engine Brakes �rCatesFnai . � r s.:r ��^ G kSssc>� a .�F�txF. • p • t do t H o o ks p & Sl�n ;:_. 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TcarM{ate =F r``` _ r In t er national - et • to Emergency Lights Custer I rod"' ts, = Che vrolet I n ationa Tr & Engine Corp. • Tom's Truck C. — E ui men•t Finance/ easing _ Center Truck Rentals • ed Vehicle ' f Horton Truck & Equipment — k I Alliance — Y:f. A ' s ,r Wheel eel Lift Attachments e & Towing ` • G, g K t 1 "n* — • � • " , dustnes• Wheels . Phoenix '�' Professionals • USA Inc I — Winches • Pier ,,..:..._...,.. yR ce Sales • . . ,; gency, Inc — L Ramsey Winch — Wrecker Bodies • ".... Tools • ` AATA , 'xw :, L.r... 1., ..� q, Next C. I�nc • Dy namic Mf u y g, Inc. • Flora .2002 Directory ock Tool Co. Wrecker Sales. • Jerr -Dan Corporation • Roy arlson the owner bs /Dispatch Kem Mfg, N RC Industries Y of Budget p g, r ties Inc. • Towing n St. Paul M ' al Roadside Weld Built • Credit Card P • g innesota, has been in business for thirt y ears Virtual Solutions and now has more then thirty trucks in his fleet. He uses the Tow- P luss 0 • man Directory as a reference guide to the best products the industry Ch h .1 nag. as to offer. This is the Emergency Road Service Industry's most com- Shle prehensiv , directory. . 0 One 0 ta M in au P $t• get et St. 3 ud B udg ry bust of _ recd \Je ner t0\jvjng a nd son OW 39C) all of the Ca rl t he ROY been Si n ce ' s � an 30 y ears- s �jv e jujj s mo re Lh e)den for s 0 \, N ne for its e ne U6 In tits CKS • - UM o perates a e Of me dium e s 00 a \ j e been d Wlc %)ecau an fleet h ent ' but no t 31W pres at - Iles C) Qr. ding- g ether 28 -in. an 50 alto j 2701 tr an lbefOre M%les, logged mo re th ree full Ya t he6ng- one - he s pent owners a nd g a d ode AS has ''a his S4 M dLW 9 trucy ban C her nds, J � I � n • st ju the , the In ha tj With. O.,,:,d diVide has ' l ust n venf'On dec:sl a nd de pendat towing C o Urchasing, Ut ROY a nd tow t - Into NS P mpo nent U0. ho \jvs with Co plung trucy". S wen he care that e uverability the a son fac t,. The j "t&:Ing \IOU a Single re S�Jgnlfl- r f uel economy' Man ed can It gill'-, I b e lt brands he V! I . dike IV o ther tr u cy., - an d 'th.out a 'e t he so loyal to UID n � on 1 . 61 le s, d c b V'n%n dozen IT tha don 2 set Of UD .an jD iesels M 3. .. � Nissan Roy ca"Son. t wentl - m ore from iet makes clu Wha I I Co uld g ive m iles Or a nd t he ultr a- say s, k4bUt youl 50,000 an e Proj )lern- Lly' er e)(peeienced, estment not , cant engin �,j ecOnomlhd eV ' Ire an in ttelf tiest fue O ods at 6%ght' st ates Roy- &St urb n on t he M3PI may-,e a pr offt! Towing . nflng to A ot Wn . 1:5u %J O tilo tivilghe er' for any 'S t in custo .Pu b-Ov er a u[) -T put de. I Mr! lftw�: -_ - sj .., e ,.n among Ca,,, ,,,t . a nd a S at' OT'uc e ,,pense M edium Duty 2001 U-S A bA , 061 ates gar TRACKS Di stributed by ACA, AN N ISSAN DIESEL AM ER Tru , CUS T.0 11, Power a' I 1 C 0 1aw outy m M edium Me Studs S at i sfaction Velhic�es ass as GrOss Truck defin 5 r , ) o r 7 trucV c 12 Attachment 8 D-unRite Towing Operation July 2002 13 DunRite Towing Operation July .2002 14 Attachment 9 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Roy Carlson applied for a conditional use permit to display ten tire racks at Budget Towing and Tire; WHEREAS, this permit applies to property located at 1291 Frost Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lot 3, Block 1, Lincoln Park; WHEREAS, the Ramsey County Property Identification Number. for this property is 16- 29 -22 -14 -0094; 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. 15 16 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, SEPTEMBER 4, 2002 a. Conditional Use Permit — Budget Towing (1291 Frost Avenue) Mr. Roberts said Roy Carlson of Budget Tire of Minnesota, Inc. (Budget Towing and Tire) is proposing to lease the old gas station /repair shop located at 1291 Frost Avenue fora towing and tire repair business. Mr. Carlson is proposing to display 10 tire racks, with approximately 180 tires, on the exterior of the property during daytime business hours. Mr. Roberts said the exterior display of goods or materials requires a conditional use permit. Mr. Roberts said Mr. Carlson currently runs two towing /tire repair businesses. One is Located at 905 East Seventh Street in St. Paul and the other is located at the Sinclair Gas Station at 223 Larpenteur Avenue East in Maplewood. At both_ locations Mr. Carlson operates a towing dispatch center and tire repair business. No vehicles are stored on either site. Mr. Roberts said when Mr. Carlson first moved.,to the Sinclair Gas Station approximately one year ago, he began displaying tires on the exterior of the building. City staff became aware of this and informed Mr. Carlson of the city's ordinance which requires a conditional use permit for this type of display. Mr. Carlson immediately complied.with the ordinance and began displaying.his tires only on the inside of the building. At that time.., - however, "Mr. Carlson expressed a desire to apply for the conditional use permit in the .near future. for the display of. the tires at that location. Mr. Roberts said soon after this, Sinclair Oia Corporation= applied tot e=city 0r a conditional use permit to expand the Sinclair Gas Station on Larpenteur Avenue. Sinclair Oil Corporation is preparing to begin that expansion soon, and then Mr. Carlson's lease will terminate. Mr. Roberts said Mr. Carlson proposes to operate the same type of business at-1291 Frost Avenue as he has at the St. Paul site and the Larpenteur Avenue, Maplewood site. The business will consist of a towing dispatch center_ and tire sales and repair with no overnight storage of vehicles. The hours of operation will be from either 7 a.m. to 7 p.m. or 8 a.m. to 8 pm., depending on traffic flows once the roundabout construction is complete. The business will be open Monday through Saturday and will have two to three tow vehicles in operation during the day, with only One two vehicle - stored outside - in the back of the building during the evening. Mr. Roberts said the exterior display of tires at a very visible intersection is not the most desired scenario for the city. However, given the problematic background of the' property, the improvements proposed, Budget Towing and Tire's clean and reputable business background, and the fact that the situation will be temporary, staff is supportive of the proposal. Commissioner Trippler said the current structure is a real eye sore for that corner so he is happy to see something is going in there. He does have some concerns about the proposal. Mr. Carlson stated that the display of tires is an integral part of the business because unless the customer can see the tires they will not buy them. If that is the case why does he want to put the tires on the west side of the building where the customers can't see them. Why not put the tires on the East side of the building from Frost Avenue and English Street. Mr. Roberts said Mr. Carlson he would prefer to have the tires more visible. It was suggested that the city might not approve the storage of the tires on the east side of the building because of how it might look. The city is trying to make that intersection look better and the thought was to try to make the tires less visible by keeping them on the west side of the building. Commissioner Trippler asked if the applicant is proposing to leave the screened in area where the oil tank is but remove the oil tank and use the screened area for the dumpster. If that screened area stays and the racks are put next to the screened area there will not be 20 feet anymore. The commission did not get a lot line designation with the packet. He said it does not tell members where the property lines are. Mr. Trippler spoke to the owner of the liquor store and the owner is concerned about having enough room for his customers to get through there. Mr. Roberts said the Liquor store building is right up to the property line. The property between the buildings goes to the repair building. He would contend that the liquor store has plenty of room on the other sides of the building for his customers to get through. Commissioner Trippler said the black top around the building is in terrible condition.. He did not see anything in the conditions regarding the repair or replacement of the black top. . Mr..Roberts said that could-be included as a separate condition. - Mr. Roy Carlson, the ownerof Budget Towing at 905 East 7th Street addressed, the commission. Mr., Carlson,said to answer the question about the black top. The owner will end' up doing something with blacktop. Right now he is not sure what. As far as .the space between the... buildings and the clearance from the tire racks, the racks are only about five feet. wide and the cars should be able to get through. , Chairperson Rossbach-asked Mr. Carlson if he assumed that the owner of the property would do .something with the blacktop. Mr. Carlson said the city is cutting half of the corner off when the round about gets finished. But until the round about is finished he does not know what the owner would end up doing. Chairperson Rossbach asked Mr. Carlson if he could elaborate on some of the things he would be doing to enhance this property. Mr. Carlson said nothing more than paint and signage along with some planters. He wants to make the area look decent. Their intention is to get started before the weather gets bad. Commissioner Desai asked what the term of the lease is. Mr. Carlson said the lease with Mr. Benjamin (the property owner) is good for up to two years. Commissioner Pearson asked if this item would be reviewed by the CDRB. Mr. Roberts said this item would not be reviewed by the CDRB because they are not proposing any major design items. Commissioner Trippler moved to adopt the resolution on pages 15 and 16 of the staff report. This resolution approves a conditional use permit for the exterior display of tires at 1291 Frost Avenue. Approval is based on the findings required by the code and subject to: (changes are in bold). 1. The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 p Y a.m. to 8 .m.. All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 10 tire racks that hold 18 tires each. p Y 3. The exterior display of tires is limited to the west side of the building and toward the front of p Y the west garage door. 4. The conditional use P ermit shall be reviewed for compliance with the required conditions in the event the ro ert is leased to a new business that intends to operate an automobile related p p Y business with exterior tire display. Requests To build this project, Mr. Cox is requesting that the city approve a preliminary plat to create the new street and the ten lots in the development. In addition, city staff is proposing to change the zoning. for the site from F (farm residence) to R -1 (single dwellings). DISCUSSION - Preliminary Plat The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. The site has several existing conditions that make the development of this property difficult. These limiting factors include the shape of the property (173 feet wide by 1,100 feet deep), its one access point (on Highwood Avenue) along with its characteristic of generally sloping from west to east. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city and for the neighbors.] have discussed these fully in the memo about this proposal. RECOMMENDATIONS A. Approve the Highwood Farms preliminary plat (received by the city on August 7, 2002). Staff, is recommending approval of the proposal subject to several conditions of approval B. Adopt the zoning map change resolution. This resolution changes the zoning map from F (Farm Residence) to R -1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. Agenda # MEMORANDUM SUMMARY Action by Count TO: City Manager FROM: Ken Roberts, Associate Planner Date SUBJECT: Highwood Farms Preliminary Plat Endorsed[ LOCATION: South of Highwood Avenue, east of Dennis Street DATE: September 16, 2002 INTRODUCTION Project Description Mr. Charles Cox, representing CEC Development, Inc., is proposing to develop a ten -lot plat for single dwellings called Highwood Farms. It would be on a 3.71 -acre site on the south side of Highwood Avenue, east of Dennis Street. Requests To build this project, Mr. Cox is requesting that the city approve a preliminary plat to create the new street and the ten lots in the development. In addition, city staff is proposing to change the zoning. for the site from F (farm residence) to R -1 (single dwellings). DISCUSSION - Preliminary Plat The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. The site has several existing conditions that make the development of this property difficult. These limiting factors include the shape of the property (173 feet wide by 1,100 feet deep), its one access point (on Highwood Avenue) along with its characteristic of generally sloping from west to east. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city and for the neighbors.] have discussed these fully in the memo about this proposal. RECOMMENDATIONS A. Approve the Highwood Farms preliminary plat (received by the city on August 7, 2002). Staff, is recommending approval of the proposal subject to several conditions of approval B. Adopt the zoning map change resolution. This resolution changes the zoning map from F (Farm Residence) to R -1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Highwood Farms Preliminary Plat LOCATION: South of Highwood Avenue, east of Dennis Street DATE: September 16, 2002 INTRODUCTION Project Description Mr. Charles Cox, representing CEC Development, Inc., is proposing to develop a ten -lot plat for single dwellings called Highwood Farms. It would be on a 3.71 -acre site on the south side of Highwood Avenue, east of Dennis Street. Refer to the maps on pages 11 -17 and the enclosed plans. Requests To build this project, Mr. Cox is requesting that the city approve a preliminary plat to create the new street and the ten lots in the development. (See the maps on pages 14 through 17 and the enclosed project plans.) In addition, city staff is proposing to change the zoning for the site from F (farm residence) to R -1 (single dwellings). DISCUSSION Preliminary Plat The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. There are several existing factors including the shape of the property (173 feet wide by 1,100 feet deep), its one access point (on Highwood Avenue) along with its characteristic of generally sloping from west to east that make the development here difficult. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city and for the neighbors. I will discuss the major issues with this proposal below. Subdivision Ordinance Chapter 30 of the city code (subdivisions) regulates the platting or subdividing of property in 'Maplewood. The purpose of this part of the code is "to protect and promote the public health, safety and general welfare, to provide for the orderly, economic and safe development of land...'. As such, the city must balance many interests when reviewing and. considering a subdivision in Maplewood. These include the interests of the property owner, the developer, the neighbors and the city as a whole. To this end, Section 30 -6 of the code says that "the planning commission may recommend and the city council may require such changes or revisions of a preliminary plat as deemed necessary for the health, safety, general welfare and convenience of the city. As proposed, the lots in the plat will range from 10,000 square feet to 12,388 square feet with an average lot size of about 10,266 square feet. (See the proposed plat on page 14.) The city requires each single dwelling lot in the R -1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. All of the proposed lots would meet or exceed the standards in the city code. Right -of-Way Location (double- frontage lots) As proposed, the plans show a new street right -of -way along the west property line of the site with walk -out lots on the east of the new street. This design, however, puts the new street directly behind the houses on Dennis Street and would in effect create double street frontage for eight existing lots. Section 30 -8(%6) of the city code says, "double frontage lots shall not be permitted, except where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for a protective plant screen along the back line. Several of the neighbors on Dennis Street have expressed concerns about this design and have questioned why the street is not proposed for the east side of the development. The developer told staff that the proposed design would save at least 20 large trees along the east side of the site and would create nicer lots for houses and they would be walk outs. Chris. Cavett noted in his comments (starting on page 22) that the street as proposed, "would intercept the drainage from the west, which could be treated in a first flush rainwater garden located at the northeast corner of Lot 1." Based on staff's review of the site and the existing conditions, the proposed plans are not unreasonable. The lots on Dennis Street have extra depth (they range from 138 to 229 feet deep) so that the existing houses will not be right on top of the proposed street. Many of these existing homes have fences and landscaping along their east property lines to help provide privacy and separation from the proposed development. If the street was put in on the east side of the site, it would not create double frontage lots but probably would require more grading and tree removal and would create less desirable lots as they would back up to or back into a hill. Coordination of platting with adjacent property (to the east) Related to the point noted above - about the location of the street right -of -way is the question of possible future of the -land to the east (the site with the cell phone tower). Several city staff members believe that the owners of the existing cell phone tower will eventually have it removed which would then make the site available for development. If this occurred, staff wants to ensure that any approvals or actions on the applicant's site would not preclude the sensible use of the adjacent property to the east. An initial concern of city staff with this proposal was its possible effect or limiting it would put on the future use of the property with the cell phone tower. That is, would this proposal effectively prohibit or severely limit the possible future development or redevelopment of the adjacent property? Is it necessary to provide a street right -of -way to the cell tower site from this development? To answer these questions, city staff prepared several sketch plans of the area. (See the plans on pages 19 through 21.) These plans show what the owners might do for the platting on both properties - if they were platted in a coordinated manner or if the owners develop them separately. Specifically, the plan on page 19 shows one cul -de -sac serving both properties with 16 lots. The second sketch plan (page 20) shows how the owners of the cell phone tower site might plat their property separately from the applicant's site. This plan has a cul -de -sac entering the property from Highwood Avenue and would have nine lots for houses. The' important thing that this plan shows is 2 that the owners of the cell phone tower property should be able to develop their property independently from the applicants' site. Page 21 has the third plan for the area prepared by city staff. This plan shows a new street on the east side of the applicant's site that would turn east into the adjacent property. The street might continue back out to Highwood Avenue or could possibly end in a cul -de -sac in the center of the property with the cell phone tower. This plan would have about 18 lots for houses. Public versus Private Street Mr. Cavett also had comments about the proposed street, its location and whether the street should be private or public. He noted, "due to the liabilities of one -sided frontage and the considerable amount of retaining wall along the street, public works staff does not feel that a public street at the proposed location is in the .public's best interest. Therefore, staff does NOT recommend a public street along the proposed alignment." Based on Mr. Cavett's comments, if the proposed plan is to go forward, staff is recommending that the development have a homeowners association that would be responsible for the maintenance and care of the street and any adjacent landscape areas (including the rainwater gardens). Having a private street. in this development would be similar to a townhouse development (such as the recently -built Gardens on McMenemy Street) where. the - homeowners would all in the costs for the maintenance of the street (including snow plowing) and all other improvements (including the rainwater gardens and the retaining walls). An advantage of having a private street in this development is its effect on setbacks. A private street does not have a right -of -way or front property line that the city or the builders would use for determining where the fronts of the houses would need to be. In most locations in Maplewood, the city requires- the front of a:_ house to be set- back 30:- to :35 - feet from he. front- property line. When looking at front setbacks along a private street, the city would require_ the homes to have at least a 20 -foot setback from the curb. This is the minimum_ distance necessary to ensure that the owners of vehicles could park them off the private street. without having the vehicles block the street. In this case, having a smaller front yard will allow the builders of the homes to set them closer to the private street and to keep more of the trees along the east property line of the site. A private street or driveway in this development could be 28 feet wide with parking on one side (to allow for emergency vehicle access into the site). Trees As proposed, the contractor for Mr. Cox would grade almost the entire site to create the street right of -way and the house pads. This grading would remove about 45 large trees and leave about 20 large trees on the 3.71 -acre site. In addition, the plans show the planting of 13 ash trees along the new street. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant in reviewing this proposal and plans. Chris Cavett's comments are in the attachment starting on page 22 3 Public Utilities There is sanitary sewer and water near the site to serve the proposed development. Specifically, water is to the west of the site at the intersection of Highwood Avenue and New Century Boulevard. The developer will extend the water main down Highwood Avenue to and through the site. The Saint. Paul Water Utility will need to approve the plan for the water main. Sanitary sewer is east of the site at the intersection of Highwood Avenue and Century Avenue. The developer is proposing to extend the sewer up Highwood Avenue from Century Avenue to and through the development. The city engineer must approve the final engineering plans before the applicant or contractor may start construction. Drainage Most of the site drains to the north and east. The developer's engineer told me that by using the proposed ponds and rainwater gardens as storm water detention facilities, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. Mr. Cavett noted this requirement, along with several others, in his comments. (See the information starting on page 22.) The Ramsey/Washington Metro Watershed District has been working with the developer on the proposed project plans. Mr. Cox or. the contractor must get a permit from the watershed district before starting grading or construction. Other Comments Lieutenant Banick of the Police Department did not have any public safety concerns with this proposal: _ Butch Gervais of the Fire Department .noted that the cul -de -sac must have a turning radius of at least 42 feet (for equipment).- Neighbors' Comments City staff surveyed the 35 property owners within 350 feet of the site. Most of the seven replies, were opposed to the proposal. Refer to the comments on page nine and the letters on pages 25 — 35. Zoning The city has zoned this property F (Farm Residence) and has planned it R -1 (Single Dwelling Residential) in the city's comprehensive plan. The city's subdivision ordinance allows for the platting of single - family lots within the Farm Residence zoning district. To be consistent with the comprehensive plan, however, staff recommends that the city change the zoning of the site from F (Farm Residence) to R -1 (single dwellings). COMMISSION ACTION The planning commission reviewed this proposal on September 4, 2002. The commission, after much discussion, recommended approval of the plat, subject to the developer redesigning the proposal. The commission wanted the developer to put the street on the east side of the site (instead of the west side as proposed) to eliminate the double fronting lots. The commission also recommended that the street be public and not private (as staff is recommending) and that the city allow reduced front yard setbacks of 20 feet (instead of the usual 30 feet) for the new houses. F Staff agrees with many of the points the planning commission has about the placement of the street. Our opinion, however, is that the applicant could provide more useable and attractive lots with their proposal rather than with the changes suggested by the planning commission. This- is primarily because of the slopes and trees on the property. In addition, the land to the east is still accessible and developable without street connection to the applicant's site. The city can require the applicant to buffer the homes to the west on Dennis Street with plantings and screening on the west side of the proposed street. Staff is recommending that the applicant install a planting /screening plan along the street that would be six feet tall and at least 80 percent solid. RECOMMENDATIONS A. Approve the Highwood Farms preliminary plat (received by the city on August 7, 2002 ). The developer shall complete the following before the city council approves the final plat:. 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersections and at the cul -de -sac. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic- control, street identification and no parking signs. e. Provide all required and necessary easements, including any off -site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and restore and sod the boulevards. i. Install a sign where the new street intersects Highwood Avenue indicating that it is a private driveway. 2. Have the city engineer approve final construction and engineering plans. The applicant shall have these plans revised to follow the comments of the city engineer and shall include the grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: 5 (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the -land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street grades as allowed by the city engineer. (5) All proposed slopes on the construction. plans. The city engineer shall- approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than .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: (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) As little grading as possible west of the proposed street. This is to keep as many of the existing trees west of the proposed street as is reasonably possible. c. The street and utility plans shall show: (1) The street shalt be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The street with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The 'coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (5) All utility excavations located within the proposed right -of -ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and proles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (8) The cul -de -sac with a pavement radius of at least 42 feet. 6 d. The drainage plan shall ensure that there is no increase in the rate of storm water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape and screening plan for the areas along the private street. This shall include the rainwater gardens and the area along the west side of the street. The screening for the area west of the street shall be at least 80 percent opaque and may include vegetation, berms and fencing. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2%Z inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Show the street as a private street or driveway (not as a public right -of -way). d. Label any common areas as outlots. e. Label the private street as Farrell Street on all plans. 4: Pay Ior costs related to. the engineering department' review of the construction - plans. 5. Secure and provide all required easements for the development including any off -site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any, grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading.for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide. for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer. connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lot 1, Block 1 from going onto Highwood Avenue. 7 c. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9 *. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, outlots, private utilities, driveways, retaining. walls and structures.. 10. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. B. Adopt the zoning map change resolution on page 36. This resolution changes the zoning map from F (Farm Residence) to R -1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. The city is making this change because it' will: 1. Be consistent with the spirit,. purpose and intent of the zoning code. 2. Not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. Serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. Have no- negative effect upon the Logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. Serve the site better as the owner plans to develop this property for lots for single- family houses. CITIZENS' COMMENTS I surveyed the owners of the 35 properties within 350 feet of this site and received seven written replies. The following are the comments we received: 1. We were told by our developer (Art and Roy) that nothing could be built back there. None of us appreciates the fact that there will be a street butting up to our backyard. It is like an alley in our backyard. I am a builder and can appreciate the need for space to build, but this is a poor plan. The view we bought will be greatly harmed and the safety of our kids playing in the Our value has dropped considerably. I would demand dense planting or trees changing the road to go on the other side of the lots if this is approved. I realize they are trying to improve the sale of their houses by creating walkouts, but our view and the fact of a street butting up to our backyard is not good planning overall. Other things to consider: fencing, grow vegetation, speed bumps, rear load walkouts with street on the other side, build houses on the hill. (Gierke —1024 Dennis Street) 2. It seems to me that those lots are. very close to the highway — but I do realize I will not be living there. I do object to taking all of those mature trees down. I think they are somewhat of a noise barrier -- so would they be building a noise barrier to replace them? The trees do beautify the area. especially object to.. the trees being torn down if the lots sit empty for years after being developed. :Across the street from us is an empty lot (between 1042 and 1060 Dennis Street) - this lot has been sold and empty for 10 years. It is not kept up in any way. To say it is an eyesore is an understatement. If there is even the slightest possibility that this could occur with even one of the proposed lots scrap the -whole - .plan• have dived across the street from this eyesore for 9 years and I believe it affects the aesthetics of the whole neighborhood, not to mention the rodents and weeds it contributes to the area. Please do not tear down those old trees if there is a possibility that any of them sit empty or unkept for any length of time. We do not need to contribute to the eyesore of the neighborhood! (Fierst —1041 Dennis Street) 3. i oppose the development since I would not enjoy the wildlife anymore in my backyard! (Calubayan -- 1036 Dennis Street) 4. We are requesting that the soil be tested thoroughly as our soil appears to be shifting. Also, we want to know that the financing for this project is adequate.. We are concerned about erosion control as -well (Simon. -106Q Dennis Street) Also, see the letters on pages 25 through 35. 9 SITE DESCRIPTION Site size: 3.71 acres Existing land use: A single dwelling and accessory buildings from the former property owner SURROUNDING LAND USES North: New Century PUD across Highwood Avenue South: Interstate 494 West:. Houses along Dennis Street and fronting on Highwood Avenue East: House at 2684 Highwood Avenue and cellular telephone tower PLANNING Existing Land Use Plan designation: R -1 (single dwellings) Existing Zoning: P (farm residence) Proposed Zoning: R -1 (single dwellings) APPLICATION DATE The city received the complete project plans for this proposal on August 7, 2002. The city must take action on the proposal by October 6, 2002, unless the developer agrees to a time extension. kr /p: /secl3 -28 /Highwood farms plat.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Area Map 4. Proposed Preliminary Plat 5. Proposed Grading Plan 6. Proposed Grading Plan (with Trees) 7. Proposed Utility Plan 8. Area Property Line Map 9. Staff Concept Plan Number 1 10. Staff Concept Plan Number 2 11. Staff Concept Plan Number 3 12. Chris Cavett's plan review dated 8 -23 -02 13. Survey response date- stamped 8 -15 -02 from Richard Koutek 14. 08 -11 -02 letter from Trinh Tranberg 15. Letter date - stamped August 23, 2002 from Ms. Merz 16. Zoning Map Change Resolution 17. Project Plans (separate attachments - including 11 x1 7s and full -size) 10 Attachment 1 16, 1. HUNTINGTON CT. z � 1. 2.. OAKRIDGE LN. S. -8pR//qQs/ LINWOODn. �.720S AVE. UN C �, J Q! T 17 TIMBER TR., a IMBER �T��A ;E .'R w C T. Cn PHYLIS CT. DIR. 1. CT. WIEY 2. �a�Ew VIEW CT. V OOD CT. AV, 3. I x,4.1 2. HIGHWOOD 960S z EMITZ v � o :3 Q 0 AVE. 0 < 18 SOUTHCREST W OAK HEIGHTS CT.' M P ci ar* 'LA MOR t T. SN ---- -- � BOXWOOD 1200S AVE. Cl 68 0 9 CAWFR 19 1440S 20 Of O 0 (.25) �- o �z LOCATION. MAP Hift Z lark =1 4 Attachment 2 0 � � r v. ,I 0►7 � � 2 OUT ';, ' 9 14P (Ai U �V o to . k35I 1 ��9) I40 60 I O' 9 (13) OT _ i AVE. 2 9 8 ry 2.47ac. QUTLOT A ° 9 3 a be � ) s W 143.� :. �8. �3 Igo. I �iyE .• � a � (SD) s 1 J 0 V )o ' 6 z � .� a Z 7.�5� � •. �• r W� '.9) (5I) A �2 Z n —. w - r G 5 4. G f 40 60 14 -0 135 •!. ( qq• OM 63 ra Q1 .7 a, (ro) o I o. I o 966 ol - - - - -- � 140 � (.��> h tz9) ; cc 2660 r ,, " 2 �ll ° Ltd (s) 2 Q . 2 0 99.82 6 2 978 lo t p 3 137.7 3 3- < ` 3 t¢o :� 14 3 (4 0) � 984 � 4 t.5 3 • ��3) � � � � ;�� s � X29. l a °p LLJ oo 4 2 4 (41) r C o two L.L 1 0 0 4 �AT Q9 g �Z)S . w 994 7. cO 5 �)+ ,�, H! G H Q too ,00 6 � 0 1004 6 ��5� C 9 E 2Z( (4 sz 00 too 30 5 70 .6 9 c 1012 (4.3 I (59) w ) 81. a: 7 139 140 J I , r I - L •. o �0 90 oo 1018 m (00) z N 2 (4q 10 Z 138 .0 b %-3 � 2 0 - rt m 9 0 P 8 z �_ %^ (47) � -'(4b) ` �4s) w 4 0 ;1024 60 4. ((a/ NEn4 .� .t+ 139 �. AV F Z N E M ITZ AV E. � a 112 1 a � '' Jr ` , a 1030 62! (45) 60. 92. J40 136.52 EST (4(k) 2y .cam) -( 48 ) (49) 3 (a 103fi Lu 100 0 (47) �� 70. 41 �0 ti �Q 3 ,... 9 so) m Y4? 45Z) 9 Cg4) 1050 q0.0 © (Igo) 0 * , � .1 9 ° � � . q °• 1060 J ��HC REST A � X23.2,► °'. - !s� 95 1�3 I 1068 Q f 110 K 1/Ni t H - ighwood Farm r x�J Attachment 4- HIGHWOOD AVENUE 2692 J. 2684� PROPOSED PRELIMINARY PLAT PRELIMINARY PLAT: HIGHWOOD FARM O �6 4I 173.01- - N tltt'35'3E' E z z N o� p D o r LEGAL DESCRIPTION Subject to State Highway 100/117 and 393, The North 1100 feet of the West 173 feet of the West half of the Northeast Quarter of the Southeast Quarter, Section 13, Township 28, Range 22. from Tool Area-M312 Sq. FL14.37 Acrw P60 -AA Am E Anr -4762 Sq. ft/0.12 A"" bloofo & ir-O , Me- 27.184 Sq. FLISM Ao►r Mot Told Me- 137.946 Sq. FL/J.63 A&M Beochnwk Top Mrt #"mw At W auebrM. Now Gnby aW FJigA Ati. E E1PMOMP- 700196 (pr ay of 11 .- Dub") 4 N 14 Attachment 5 e$ 01� g z2� ZL Sim A 8 D • v b ___-5 �.... l ' , - _, _r t +' �- _, - - ► "ST AVENUE HIGHW40 S D -°� ` I I y1 ,,�, 2692 % ''�� ! 9661 2660 E t 2684 I 0 Ito •� 1 { t t • r I � - 1 CELL TOWER 0 ., O - 0 CA J s m - ,•~ x � � } .i �,3 1 ,: , LEGEND w EXISTING EXtSTM1G U POLE / r DENOTES STING HYDRANT oe f O i p •- _ /� r j r I'C DENOTES PROPOSED HYDRANT DENOTES EXISTING SANITARY MANHOLE .•.. �� 1, � .. • MN l ��l�k % ; �r j� i f % ` m DENOTES PROPOSED SANITARY MANHOLE o j /,/ / ,' d' • i r ! * DENOTES EXISTING STORM SEWER MANHOLE O DENOTES PROPOSED STORM SEWER MANHOLE DG DENOTES EXISTING WATER VALUE �? ~~ - -�. ` •:� ° ',. :'� ; ' i �� % j ' j • f % .i �% N DENOTES PROPOSED WATER VALUE O \ `• ,`^►:i _ ',r,• / !' / / of DENOTES EXISTING CATCH BASIN S� �p 411 .. - �` / � / % � % / � 'a . fi I3 -" `� °� ■ DENOTES � ,• -•,�, - � •�� - j i , PROPOSED CATCH BASIN DENOTES PR °'� -�: fO C` •�' ` % ' % % . �- f oPOSEO DR AINAGE FLOW Y S - ~- : • � j ' r r , j' j SS DENOTES EXISTING SANITARY SEWER 1. r .•• _ - ti''�; `��_ y �� ,f j ' DENOTES FISTING STORM SEWER ''�.— •b `••. • �.�' I /' : `F� j M DENOTES EXISTING WATER MAIN 3 3 �� fis� Q�..�`: - .- •--�,.. /'� /% f ��� DENOTES PROPOSED RETAINING WALLS — 173.01 -- -- •-- 4os- ---- -- DENOTES EXISTING CONTOURS N a8�35'SNS' �E EN A@ DOTES PROPOSED CONTOURS DENOTES PROPOSED SILT FENCE DENOTES PROPOSED RAINWATER GARDEN CATCH BASINS WITH ROCK INFtITRATION SUMP PROPOSED GRADING PLAN 4 N 15 Attachment 6 I ;� — gns rs' storo+ s6rru _ _ _iiwcAST �� , `� ' H I G HWOO D AVENUE t,. +; i T 2692 { .. 966 { 2660 2684 { { LJ a 2 y ` Jg n in f 1 C m O COX CA ;:. _._ �. CELL TOWER ab 11 'In I ' — — -o�• ' !( s % LEGEND DENOTES EXISTING UNITY POLE �• t , �i /•, / �" ' ( DENOTES EXISTING CATCH BASIN f t •• ....• c�V %V/,� /* �� ` "" DENOTES PROPOSED DRAINAGE FLOW r y « »• �� "� , (�'I+l'% �f i' % % "� f :',: - " — SS DENOTES EXISTING SANITARY SEWER r / * ,% / — SIN DENOTES EXISTING STORM SEWER Il l y , 1I a�i, /• f ! ,d " r %" %� f / 1��� DENOTES EXISTING WATER MAIN g ..-- // / / / ; " % ; i -� DENOTES PROPOSED RETAINING WALLS DENOTES EXISTING CONTOURS v -..• ','� ,` - / % %' / , ! , • ! J '..'900• -- . ..�•_•..� , �, N 2' " "•, r f 1' , � i : , / DENOTES PROPOSED CONTOURS r''�"° - --�fi .`.►'' ---�� .i' / i ! / / r f DENOTES PROPOSED SILT FENCE DENOTES PROPOSED RAINWATER GARDEN CAT04 M� x � ,r « _ • ���y� ' '-•��; �. •% i / ,�. BAILS WITH ROCK INFILTRATION SUMP 9 DENOTES TREES TO BE REMOVED ►� (•) DENOTES TREES TO BE SAVED y. f ro DENOTES PROPOSED SEEDLESS ASH (Z -%" Be) PROPOSED GRADING PLAN (WITH TREES) 16 Attachment 7 1 ■ PROPOSED UTILITY PLAN Z i + <C i N my <_-( . � � �••pp <� IGGD U i Z I 1 my1 q� OO ( V aL�O g ' IS' STM - 1S' STOIIM SEWER :r ----- _ - - -- ----- --- - -- _- - - ---+ -- HI W000 AVENUE EAST �+ HIGHWOOD AVENUE -- - -___ + ,• � �„ N4" „ t rp. 77 I I l y I r I M 2692 { / 966 2660 1 ,! i J— J {� 2684 { { m i L - 7 _ IL _� oo �Lc -.-•-� J 77 CELL TOWER 0 �� =DD£Z� J. � = ��" -- g N N D r wg On TYPICAL LOT LAY —OUT - 10 R. OMNME - ! V1UTY EASEMMT ' (REAR LIME) w I � I� soc L.or Lm - - - - - _ - - - REAR WAUM JT ELEVATION - K4D1110 Srr -BACK UK (VAMIM) SIDE LOT IJf 1 I S FT. ORAWNZ s U TTUry EASEro.r ` - - --���---• i (90E tRIM I L _. o L _ _ GARAGE ELEVA i _ L EIIADNP SET -BAQC LIME (VARES) E = I r 10 FT ORNNACE A UTUTY EASEMENT FRomr LOT LWE ( T m ~ (5 r RIfy11- 0i�YM1� L I, J ` '- L- L . J LEGEND � < A u✓ 4 G► �; DENOTES EbS71NG UTILITY POLE DENOTES EXISTING HYDRANT O < DENOTES PROPOSED HYDRANT a /t DENOTES EXISTING SANITAR7 MANHOLE DENOTES PROPOSED SANITARY MANHOLE MOTES EM71MG STORM SEWER MANHOLE i• O DENOTES PROPOSED STORM SEWER MANHOLE ti S ti "� /� DENOTES EXISTING WATER VALUE ►� DENOTES PROPOSED WATER VALUE �• �� • I f O DENOTES EXISTING CATCH BASIN F� r _ " G ~�� 41 bo .p' -# ■ DENOTES PROPOSED CATCH BASIN DENOTES PROPOSED DRAINAGE FLOW DENOTES EXILSTING B � La 11 N•.. � off'• Ya I ^� SANITARY SEWER 5iM DENOTES EXISTING STORM SEWER - v • - 173.01 -- N 88'35'38 E >• DENOTES EXISTING WATER MAIN . DENOTES PROPOSED SILT FENCE � '9 A DENOTES PR ATER GARDEN CATCH BASINS M17F1O RAINW SUMP tNFILTRAlION 1 ■ PROPOSED UTILITY PLAN Z i Attachment 170' 33' 155 50 4.60 60 634.58 6 .6' 1r lrFw +w..�. w�•w �!w .w..� w.�� w• +� ..r.sw +� w-rr +�� .rr��w �r�� .rrn+.� M ... ►w •.w w .� w.w .....�C�L•S� ...w i 7 176.85' 40' ... - 0' 2 7 157 1 `2 . 72 AC C1 9) (54) ,o �t R4) oa .33 AC. . 140' 7 J d0' 735.61' (77J I .' $• 76' -765' f7J 1 . 2 � 9.82' - 83 b 3 �t N r , 2 2.44 AC tan' 37 71' r25) .. f- -245) (531 I - RQJ 3 4 I 140' R6) 3.71 AC. ]53.90 140'a1' -- - - - - -� 4 3.83 AC. ) 1 i rn 4 � Ht) �• 4 � �' S I 140' 184-60' '' `�, 187•x' — — -- — — — — -- — -- s (8l (927 5 N (rr} I Li 6 I 140' X4.56' 6 I - �' rs5.Q2• - 6 .. 6 ---- — ---- - - ---- f43J 14W 75.5 � 0 6 t r o - 1 7 7 139.49' 1 (43) (44) 350.84' --- -- L-- - - - - -- _ - -_.— ._ —J 180' 140.00' 7 4 I 10 (44) ( 44 g Q 13a.oa' 8 S 2 ( 46 J 8 a I _._ -- - - -I p� 8 r ' n ' 76.67' 100' 9 g I 13a.02' g 1 AVE. ,< g ------------------------------ a _ 0 3 r.3as2. - -- 1 10 1 0 not: 1 p ( 2 , (49) at (�3' 10 rz95r' Co t337 ; - - -- -------------- - - - - -- f ' �11 4 ` 31 5 • > f341 t- -- -------------- - --�-- (51) p• 4 12 fig) h 12 1 0 _ .,,_ — — — — — — — — — — — — — — — — — r Ln . 03 VE' 13 13 Z3 �. -- _------- - - - --- 527.b2'�f "' 253.9' 7 N ; f -� � r171 14 '� 14 28Z73' r 979.73' p 297 AY aa� f rn C 1s a �1 1� M) i 32 r 537.84' f76) -•. ` „` 1.56 AC 39.35 Ln 495.95 4 1.5 AC (91 17 o t AREA PROPERTY LINE MAP 18 4 N Attachment , h 770' 33 155 D 4.60 "'► .58 I b .6' 656.6' '• . ♦ .ir ...i•.. ... . r + r � .r.. 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(9) 17 o j STAFF CONCEPT PLAN NUMBER 3 21 4 N Attachment 12 Maplewood Engineering Plan Review - Chris Cavett Highwood Farm, Project 02 -17 08/23/02 Review Summary: The preliminary plans as submitted have shown that the project is feasible. Though it is not felt that the applicant need make revisions to the plans at this time, there are a number of issues that should be addressed with staff before final plan approvals or before permits can be issued. The site is narrow and on a slope from west to east. There is a considerable offsite area (residential backyards along Dennis St.), that drains through .the site that the applicant will have to deal with. There are a number of large trees through out the site, with the largest . 9 concentration on the east side. Below are comments that the applicant shall address on final engineering plans before the city will will issue grading and utility permits. Grading and Erosion Control: Comments: This is a relatively difficult site to design for grades and drainage. The current _ grading plan is feasible and would be acceptable, but could possibly be revised to have a more positive benefit to the site. Upon closer review by staff, it would appear that measures could be taken to revise the grading plan in such a way as to greatly. reduce the amount of gradin retaining walls and tree removal and provide a more natural site. Suggestions: Review these comments and discuss with Maplewood Engineering. 1. Consider fitting the street much closer to the existing terrain. High and low P oints in the street profile would be created that would require more storm sewer inlets. (Note, however that the current 900 -feet of cul -de -sac design is too far too drain with out adding inlets anyway). The additional storm sewer would likely be outweighed by the reduction in grading and retaining walls, tree removal and providing lots that are more natural. 2. Homes would have to be customized more to each site, but it would result in much more natural lots. 3. Lots would generally sit below the street, but from a drainage standpoint, a much greater area is currently draining to the east. Therefore, offsite runoff to the east may likely be less than under the existing condition. (The applicant's engineer would have to verify this assumption). The street would intercept the drainage from the west, which could be treated in a "first flush" rainwater garden located at the north east corner of lot 1. Individual rainwater gardens in the boulevard would not be necessary as they would not be very effective. 4. The biggest concern with customized lots is the drainage effects on each other. However, the creation of defined swales on the lot lines appears to be very feasible and would eliminate that concern. The lot line swales should be graded and protected with permanent erosion control blanket on the steeper slopes. The swales also should be protected from both sides with silt fence during home constructions. The rear, (east) lot line behind lots 1 -3 22 should be graded to from swales to prevent runoff onto the lot to the east, rather directed to the north towards Highwood Avenue. 5. A heavy -duty silt fence shall be utilized on the east and north property lines. 6. Erosion control matting and blankets, as well as intermediate silt fencing shall be placed on all. slopes 3:1 or greater to protect the seeded area and the slope from erosion. 7. The grading plan and landscape plan shall be revised to specify the exact seed mixtures to be utilized on the site. "No Maintenance" areas (including steep slopes) shall be seeded with a native grass and forbes mixture Seeding and mulching of the site shall be done in phases to secure the site and shall be completed with in 14 =days of the completion of the grading. 8. A building permit will be required for any retaining walls 4 -feet or higher. Where applicable the developers engineer shall include all walls on the plan. In any case, a detail of the wall design shall be included with the application for a building permit. Street: Comments: Staff has struggled with the issue of whether this street should be private or public. Due to the liabilities of one -sided frontage and the considerable amount of. retaining wall along the street, public works staff does not feel that that.a public street at the proposed location is in the public's best interest. Therefore, staff does NOT recommend a public street along the proposed alignment However, it makes little sense that a de_ velopment like be served b a private street that will :look, feel and act like any other street in the city that is public. Staff agrees with the applicant that a- street on the east side of the development would result in a larger amount of significant tree removal. 1 Submittal of final plans shall include a detailed plan and profile sheet for the st reet and storm sewer design. Drainage /Storm Severer: 1. Submit drainage calculations of pre- and post- development conditions. 2. Capacity of the system on Highwood Avenue shall be reviewed with other drainage areas taken into consideration. The accumulation of other flows and the added flows from the proposed site shall not exceed the capacity of that system under the 10 -year event. 3. Treatment of storm water shall be done with acceptable BMP methods. If the site is graded as described above, then only street drainage and drainage from the west would need to be addressed. The runoff may be able to be treated in a "first flush /low flow" rainwater garden located at the northeast corner of lot 1. A diversion structure would be required to control flows. Contact engineering department for a standard plate of the diversion structure. The rainwater garden raw volume shall accommodate the greater of: a. runoff created by the impervious surface only for a 1.25" rain event, or b. runoff created by the whole western drainage area for a %2 rain event 23 Utilities: 1. Detailed final plan and profile designs of the sanitary sewer and water main will be required q for the utilities, especially for those on Highwood Avenue. 2. Utility easements and temporary easements may be required along Highwood. Based on the depth of the utility, permanent easements shall be adequate width. to provide 1:1 width utility and the edge of the easement. Verify where easements will be required. Landscaping /Rainwater Gardens: 1. Design and construct rainwater gardens into the landscaping in front of each building. Rainwater gardens can be situated to capture, _store and infiltrate water directed from the front yard areas, drives and roof down spouts. Grade swales and provide spillways to direct this flow into the rainwater gardens. Over flows should be into the street on lots 1 -5, but can be directed to the east on lots 6 -10. 2. Rock Infiltration Sumps must be installed below the rainwater gardens to facilitate infiltration. Provide a detail in the plan. Rock infiltration sump should be a minimum of 4' Dia. X 3' tall. 1 %2" clean clear rock wrapped in type 4 geotextile filter fabric, (felt). The top of the rock infiltration sump should be placed approximately, 12- inches below finished bottom of the rainwater garden. 3. Provide detail and a : description on the,-plan how. the rainwater garden area should be prepared:. The garden area should be sub - cute to provide 12- inches of - bedding material. The bedding material should consist of a mixture of 50 % salvaged on -site topsoil and clean 50 % organic compost. The subsoils in the rainwater garden should be scarified to a depth of 12- inches (or deeper to reach virgin soil), before the bedding material is placed. The rainwater garden should be protected with silt fence after grading to prevent silting into the area, as well as compaction of the soil by construction equipment. The rainwater garden area should be topped before or after planting with "shredded" wood mulch. "Woodchips" are NOT acceptable mulching material. 4. Thought should be given regarding when the rainwater gardens are to be graded and constructed, as they are susceptible to additional silting and. compaction if the surrounding are not restored and stable. Care should be given to the placement of private utilities so they do not interfere with the gardens. 5. A Landscape plan for the rainwater gardens shall be required as part of final plan approval. With these, who will be responsible for planting the gardens and when? 24 RICHARD RAYMOND KOUTEK 1012 DENNIS ST S MAPLEWOOD MN 55119 -3571 August 9, 2002 NEIGHBORHOOD SURVEY PROPOSED HIGHWOOD -FARMS PRELIMINARY PLAT - 2466 HIGHWOOD AVENUE What is Being Requested? Mr. Charles Cox, representing CEC Development, is requesting that the city council approve a preiim�nay p�a�. Specifically, Mr. Cox wants to subdivide the property at 2466 Highwood Avenue into 10 lots for single - family houses. As proposed, the plan shows a new cul -de -sac entering the property from Highwood Avenue with 10 lots for new houses on the east side of the new street. (Please see the enclosed maps.) Why this Notice? The city staff wishes that you be informed about this proposal and seeks your input in any of the following ways 1. You may mail your comments to me. Please write any comments you have below or on the back of this letter. l have enclosed a stamped, addressed " return envelope for your use to mail in your,comments: Please note'thatanyYetters and ai`tachments that you send to the city. are considered public information and the city staff may use them in staff reports that go to the planning commission and the city council.. 2. Telephone me at (651) 770 -4566. 3. Attend the city council meeting -and give your comments. You will be notified of this meeting by mail once the city has scheduled this item. Whether you mail in or telephone any comments, please do so by August 19, 2002. Comments: f �I35' D E7/E1.o r°��J'�'' SNo U �� �� �� C'�/C/5'/ 0&_Me_�b G y Q iF �,4- PLI;�W- 0o,0 t ��`�4i S d �, /: �rF� ekQk-- pt (z t);S Of- ` ff0V9C5 0 AJ PeJIM(I - 5*'Oj L V / I L - - f3c= eF E::K �ftE �lC2t/ � �I�° fJ /� �� N lVL ti✓ P�c� Pct S � �" � �.c� - � KENNETH ROBERTS - ASSOCIATE PLANNER R E C E U E U Enclosures AUG 1. 5 2002 c:ltrl \notify.let OFFICE OF COMMUNITY DEVELOPMENT 651- 770 -4560 CITY OF MAPLEWOOD . 1 830 EAST. COUNTY ROAD B MAPLEWOOD, MN 55109 7.5 c� FPO r�z 141�6 �0> n Ci s C e 5 '1—� 7<A C �= c- 1 Al c� Pte: f (�S .� �l ��� Gam_. e ✓�C�' f � VA-'Z-D `�`a c� Po 3c -= (1am�rS ri1LlN /J�UFCo,OM� SiF��f, Sc"Y ✓c=og Gv �I-��Z � t � �-lo � ca5�,�tr� �j � � �•.t �c � 5'`rrcc� tv) c 26 Attachment 14 Trinh N. Tranberg 1018 Dennis St. South Maplewood, MN 55119 (612) 731 -0835. August 11, 2002 Kenneth Roberts Office of Community Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Proposed Highwood Farms Preliminary lat �Y 2466 Highwood Avenue Dear Mr. Roberts: I was .shocked upon receiving the above notice. When I bought the lot to build m home on Dennis g y Street. I was told by Arthur Werthauser & Roy Bredahl, Roar Development, that the parcel of land behind our backyard is. too narrow for any g p dwelling develop ment. We purchased and built on this lot for that reason. At that time Art & Roy were working for City of Saint Paul Department of Publie Works as Assistant City Engineer and Assistant to the Director. I assumed they know what t ey _. are promising. Putting the above aside, I strongly opposed to this new development for the following p p g reasons: 1. Safety for kids playing in the backyard. Currently, there is no -street, therefore, no problem. 2. Safety in turning left or right on to Highwood Avenue. Recently, New Century Blvd. was installed 1/2 block East from Dennis Street. This new development is proposing another half a block turn east of New Century Blvd. There is not enough distant between the turns. Merging on to Highwood on Winter (ice) or Summer view is blocked by vegetation) days on a steep hill is difficult. But. when they don't align with each others and 112 block apart. 3. We will loose our sound barriers. The distant, trees & shrubs have been our buffer from the noise that 494 freeway creates. Eventhough, there are shrubs & trees proposed in the plan, they will not be full grown and will take time to establish before they can be effectively served as sound buffer. 4. Lack of privacy. Both front & back yards will be public spaces S. Loss of greenspace & animals ' p p shelter. Currently, we see deer, birds and rabbits roaming In our backyard. 6. Home value will decrease 7. . Aesthetic. It's commonly knowv\ that when a new development enter an existing g neighborhood they tend to enhance not deface the neighborhood. Having street in front of my yard is a common practice. Having streets in front and back is an absurd p lan. If this project is to proceed as a proposed Preliminary Plat _ I'm requesting that the City of Maplewood requires CEC Development to resubmit their drawings to show the. new street moved to the east side of the 10 new houses. Due to a family emergency our family is unable to attend h q V U 27 AUG ''t 4 2002 �1404W�ewom 0* 1101�01646" I Thursday (8/15) meeting @ the Fire Station. We are lannin to attend the City Council P g t meeting and making the necessary contacts to insure that our issues are being resolved by the developer prior to City Council approval. Sincere. F r ay Trinh. N. Tranberg 28 Attachment 15 Together We Can .y AUG L � bUQz MARGUERITE K MERZ RECEIVED 2684 HIGHWOOD AVE E August 9, 2002 MAPLEWOOD MN 55119 -58271 NEIGHBORHOOD SURVEY PROPOSED HIGHWOOD FARMS PRELIMINARY PLAT - 2466 HIGHWOOD AVENUE What is Being Requested? Mr. Charles Cox, representing CEC Development, is requesting that the city council approve a preliminary plat. Specifically, Mr. Cox wants to subdivide the property at 2466 Highwood Avenue into 10 lots for single- family houses. As proposed, the plan shows a new cu{ -de -sac entering the propeity from Highwood Avenue with 10 lots for new houses on the east side of the new street. (Please see the enclosed maps.)_ .Why this Notice? The city staff wishes that you be informed about this proposal and seeks your input in any of the following ways: 1. You may mail your comments to me. Please write any comments you have below or on the back of this letter. I have enclosed a stamped, addressed return envelope for your use to mail - in your comments. Please note'that any letters and attachments that you send. to the city. are considered public information and the City staff may use them in staff reports that go to the planning commission and the city council. 2. Telephone me at (651) 770 -4566. 3. Attend the city council meeting and give your comments. You will be notified of this meeting by mail once the city has scheduled this item. Whether you mail in or telephone any comments please do so by August 19, 2002. Comments: � R �d� � S �R�05� A R_Echo ue, r�,u /l (tG °�.. - e ., � S C5 gt�2a ue&l kq, e Ce 10, t.8e t" P-d 6 PA'k 9LAP _h&Rdw ;1U IPT-SkI 61pt, /��d t�� 2_a nT- ku koj", fito_�/n,.0'14 I /a P ce e- /,Wt, + t-_3 ou_e..P P W PS . 0 C KENNETH ROBERTS —ASS. ASSOCIATE PLANNER P r:P . � G t2 a lrl c Enclosures � ,� �'`� o R 0 U � 44 V3 c:ltrl \notify.let ��3� /C'� OFFICE OF COM NITY DEVELOPMENT t i�� ke Ceti P 77U-- 4560 CITY OF MAPLEWOOD 1 830 EAST. COUNTY 'ROAD B MAPLEWOOD, MN 5510 0 K�i 29 rn, ., �� wee, �t t�v,, C,;), c �G rQ PAL-- 1 &:�11 �YALffa�/ y �V"o A lvfA CAW we.-Ool in G(� toQp LQ C)LO �, 9' "poll Ale n n �9 14 31 C> s :► �' Ilk - i 1 y r-� h � f� A 0 i p .� , r 1 � � r �r S ri AV a��� 1 1w 33 r 4 r MAW W. 'Wily, A ' s 1 A IL r j 34 _ ' ^� � _ ' | | ` / - | ' � ry / ---r---------_---''------___ --~ --------�---f«�� PIS // L-------- [ Attachment 16 ZONING MAP CHANGE RESOLUTION WHEREAS, Maplewood city staff is proposing to change the Maplewood zonin g p ma from Farm Residence (F) to Single - Family Residential (R -1). WHEREAS, this change applies to the property ocated at 2666 Hi hwood Y g Avenue in Section 13, Township 29, Range 22, in Maplewood, Minnesota. WHEREAS, the property owner is proposing to lat the property into ten lots for . dwellings. p p .p Y r single WHEREAS, the proposed development is known as Hi hwood Farm and the ne description will be: g w legal Lots 1 through 10, Block 1, Highwood Farm. WHEREAS, the history of this change is as follows: 1. On September 4, 2002, the planning commission recommended that the city y council approve the zoning map change. 2. On September 23, 2002, the city council held a ublic hearing. City s i p , g y aff published a notice in the. .Maplewood Review and sent notices to the surrounding- property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and .planning commission. NOW, THEREFORE, BE IT RESOLVED that the city ouncil approve the above-de - ' � Y pp ove described change in the zoning map for the following reasons: 1. The proposed change is consistent with the s irit purpose and intent of . p , p p the zoning code. 2. The proposed change will not substantial) injure or detract from the use o ' Y 1 f neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, 9 p g and economical extension of public services and facilities, such as public water, sewers, p olice and fire protection and schools. 5. The owner plans to develop this property for lots for single - family houses. The Maplewood city council adopted this resolution on 2002. 36 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD MINNESOTA WEDNESDAY, SEPTEMBER 4, 2002 b. Highwood Farm (Highwood Avenue East) Mr. Roberts said Mr. Charles Cox, representing EC Development, i ' g p Inc., s proposing to develop a ten -lot plat for single dwellings called Highwood Farms. It would be on a 3.7 - ' 1 acre site on the south side of Highwood Avenue, east of Dennis Street. To build this r ' • p o�ect, M r. Cox is requesting that the city approve a preliminary plat to create the new street and t ' he ten lots in the development. In addition, city staff is proposing o change the zoning for ' g g g the site from F(farm residence) to R-1 (single dwellings). Mr. Roberts said developing his site into any more ' g yt g than its current use of a house and accessory building. will be a challenge. There are several existing actors including g eluding the shape of the property (173 feet wide by 1,100 feet deep), one access point (on ' p) p Highwood Avenue i alo ng with its characteristic of generally sloping from west to east that make the . development t. difficul With the existing conditions on the r • • . g property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat,' its street and I ' rY p of design, raises many issues for the city and for the neighbors. Mr. Roberts discussed the major issue ' ' � s with this proposal. Mr. Roberts said Chapter 30 ofthe cit code ( subdivisions) • p y regulates the platting or of. . property in Maplewood. �� g • c s p p Y p The purpose of this part of the code is to protect and promote the public health f p p safety and general welfare, to provide for the orderly, economic and safe develo ment , p of --land...', As such, the city must balance many interests when reviewing nd ' g considering . a I in Maplewood. These include the interests of the ro ert ow -:. • p p y ner, the developer, the neighbors and the city as a whole. To this end, Section 30 -6 of the code says that " ' y the planning _commission may recommend and the city council may require such changes or revisions g of a preliminary plat as deemed necessary for the health, safety, genera] welfare and convenience the city. „ Y g onvenience of. Mr. Roberts said as proposed, the lots in the plat would range from 10 000 s g q are feet to 12,388 square feet with an average lot size of about 10,266 square feet. The city r uires ' q y q each single dwelling lot in the R -1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. All of the proposed lots p p would meet or exceed the standards in the city Code. Mr. Roberts said the proposed plans show a new street right-of-way alo the 9 y g west property line of the site with walk -outs on the east of the new street. This design, however, ,puts. the new street directly behind the houses on Dennis Street and would in effect create double street for eight existing lots. Section 30- 89(f)(6) of the city ode says, "double frontage Y Y , g lots shall not be permitted, except where topographic or other conditions render subdividing otherwise g herwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet et in order to allow space for a protective plant screen alon g the back line." Mr. Roberts said several of the neighbors on Dennis Street have expressed . p concerns about this design and have questioned why the street is not ro osed for the east side of p p the development. The r developer told staff that the proposed design would save at least 20 large age trees along the east side of the site and would create nicer lots for houses and the would be walk Y outs. Chris i Cavett noted n his comments that the street as ro osed "would intercept t ' p p p he drainagefrom the west, which could be treated in a first flush rainwater garden located at the northeast 1. ,, g corner of Lot Mr. Roberts said, based on staffs review of this site and the ' ' existing conditions, the proposed plans are not unreasonable. The lots on Dennis Street have extrade depth (they ran a from 1 38 to . p g 229 feet deep) so that the existing houses will not be right on to of the proposed street. M p p p any of these existing homes have fences and landscaping along heir east property lines to help g p p y p provide privacy and separation from the proposed development. If the street was put in o the east side p of the site, it would not create double frontage lots but probably ould require more radi Y q g ng and tree removal and would create less desirable lots as they would back u p to or back into a hill. Mr. Roberts said related to the oint about the location of the street right-of-way ' p et right of way is the questions possible future platting of the land to the east (the site with the cell hone tower). Several city staff p � Y sta members believe that the owners of the existing cell phone tower will eventually have it removed which would then make the site available for development. If this occurred, staff wants to ensure that any approvals or actions on the applicant's site would not preclude the sensible use of p the adjacent property to the east. An initial concern of city staff with this ro osal was its possible p p p effect or limiting it would put on the. future use _of the property with the cell phone tower. That is would this proposal effectively prohibit or severely limit the possible future develo ment or • p redevelopment of the adjacent property. Is it necessary to provide a street right-of-way to the cell tower site from this development? g Y To answer these questions, city taff prepared several sketch Y p p plans of the area. These plans show what the owners might do for the platting on both prop erties — if the were platted i p p Y p in a coordinated manner or if the owners develop them separately. a Specifically, the plan on e 19 Y p page of the staff report shows one cul -de -sac serving both properties with 16 lots. The second sketch plan on page 20 of the staff report shows how the owners of the cell hone tower ' p site might plat their property separately from the applicant's site. This plan has a cul -de -sac enterin g the property f orm Highwood Avenue and would have - nine lots for houses. The imp ortant thin that p g this plan shows is that the owners of the cell hone tower property should b ' p p p y a able develop property independently from the applicant's site. Mr. Roberts said page 21 of the staff report has the third Ian for th p p e area prepared by city staff. This plan shows a new street on the east side of the applicant's site that would turn east into the adjacent property. The street might continue back out to Highwood Avenue or could possible end i p n a cul -de - sac in the center. of the property with the cell phone tower. This p lan would have about 18 lots for houses. Mr.. Cavett also had comments about the proposed street, its location and whether the street should be private or public. He noted, "due to the liabilities of one -sided frontage and the g considerable amount of retaining wall along the street, public works staff does not feel that a public street at the proposed location is in the public's best interest ". Therefore, staff does not recommend a public street along the proposed alignment." Mr. Roberts said as proposed, the contractor for Mr. Cox would g rade almost the entire site to create the street right -of -way and the house pads. This g grading would remove about 45 large trees and leave about.20 large trees on the 3.71 -acre site. In- addition, the p lans show the planting of 13 ash trees along the new. street. Commissioner Pearson asked staff if the cell scheduled to be taken down. phone tower is still functioning and if so, is it Mr. Roberts said it was originally put up by MCI. is scheduled to be taken down. The city has not heard that the cell phone tower Commissioner Trippler asked why the applicant doesn't want to p utthe road on the east side and put the rainwater gardens along the west. He asked wouldn't that capture more runoff. Mr. Cavett said the way the grades are proposed they have positive boulevards in the front. Potentially the rainwater gardens can capture part of the street. There are a lot of what ifs. The way the drainage is managed will change dramatically whether the street is on the west side or the east side. Commissioner Dierich said .she was late because she was stop ped b a number of ne i g hbors at pp Y g the site. The neighbors have a lot of concerns with the drainage. The people that are downhill from this site and have a well and a septic system. She said as soon as you change the g rade on the site you are going to contaminate the wells and septic systems. On Dennis Street the trees are on the outside of the peoples fences. The trees that are going to stay put are on the applicant's side. The beautiful trees are outside the fences as the screening. The residents are irate about the drainage is going to run down hill. Highwood Avenue is already very icy. For six months of the year the road is a skating rink. She counted only one sewer for water to run into. There needs to be more sewe drains added because the amount of water that cascades down will make fora dangerous situation. Ms. Dierich said this site is environmentally sensitive. In this proposal to put the road in you are going to plow through at street level. The lot itself starts about 10 feet up from the street and then level that area off in order to make a building pad. She is not comfortable nor are the neighbors with changing the site to this degree. Mr.. Roberts said condition..e. at the bottom of page 6 talks about the applicant submitting - g a landscaping and screening�p -Ian forthe areas along the private street. It was the city's intent that the applicant preserve as many trees as possible along the west side of the new. street, assuming it goes in on the west side. Condition d. on page 6 talks about s a drainage and it is always Y condition of the - -city, that any develo meat ca tune their storm water on si a so there is no more p P drainage leaving the site after the development.then there is now. Mr. Roberts said if that means larger rainwater gardens or some other facilities on the site to take care of that p roblem then the developer and the engineers would need to get together to make that work. That is a common concern and it is very understandable. The rate of water leaving the site will not be greater than what it sits at now. He said he cannot disagree with Ms. Dierich regarding the grading. Commissioner Dierich said her other concern are the mosquito's she encountered standin g on the crest of the hill. This proposal is dropping the hillside and adding a rainwater garden. Rainwater gardens are supposed to empty in a short amount of time but if there are that many mosquitoes already you are just adding another issue. She would rather put in city sewer and water and make it a public street. The other issue is noise abatement. She and her husband were standing next to each other on the hill during rush hour and had to scream at each other and there are trees on the site already. She wonders how people are going to buy these lots with that kind of noise. She believes the city should require the developer to install something for noise. These people would never be able to sit out on their decks and have a conversation because it would be so noisy. Chairperson Rossbach said he would like to comment on that. He said people live right on the freeway along the entire metro area. He said for some reason people buy in that area. Commissioner Mueller said the road is an issue. The reason the developer wants the road on the west is because it will have more sellable property when the homes are put in. Mr. Roberts said in his conversations with the applicant and his engineer, they could make the lots work but they would come off the road you would have a little bit of a back yard, and it would go up into a slope. Having lots with walkouts and saving more trees would be a better overall site then having the street on the east side and grading from property line to property line. There aren't lots with play areas but they will have trees and decks. The developer thought this was a better style in the developer's opinion. Commissioner Mueller said the future neighbors are more concerned about the trees next to them then they are about the trees in the proposed neighbors front yards. If the road ts put on the g east side, does that mean that all those wonderful evergreen trees will have to be removed to put in the oak trees. Mr. Roberts said no. Commissioner Trippler said his guess is that the mosquito problem is probably from the sixty or so tires that have standing water in them. He said he spoke with a very unhappy resident on Dennis Street she thinks she is going to be squeezed between two streets. He is happy to hear that Maplewood has an ordinance against that from happening. He thinks he would like this proposal better if the street were put on the east side rather than on the west side. The applicant, Mr. Charles Cox of CEC Development, 1111 McKnight Road South, addressed the commission. He said he is disappointed for lack of support of this..project. His group spent a lot, of time in the design of this project keeping in mind the conditions of the tproperty and what-would be best for the neighborhood and not what would be :best for the developer. Everyone knows what the real estate market is doing right now. We should:leave.the buying of these .homes up to. the'consumer. There are many other developments right on the freeway and he would hope the commission would not use the location for deciding on this proposal. Commissioner Desai said he agrees with the applicant regarding the real estate market bein g hot right now. However, it leaves a question in his mind that the lot between 1060 and 1242 on Dennis Street is a pretty large lot and it is still sitting empty so if the real estate market is so hot why hasn't that lot been sold already. Mr. Cox said clearly it hasn't been sold because the owner doesn't want to sell it. If-they put a for sale sign up it would be sold very quickly. Commissioner Trippler asked Mr. Cox to explain why the road would be better placed on the west rather than on the east. Mr. Cox said standard building practices state that roads go on the high side of the development. He would like to have his engineer come forward to address the commission. Mr. John Farachi of. 1296 Hudson Road, the project engineer, addressed the commission. He said if the road is put in on the west side the would have to take out 10 significant trees. If you put the road on the east side, by the time you grade the lots there would be 23 trees taken out. ..Mr. Farachi said the neighbors with concerns about their septic stems and wells,. it is his P Y , understanding that when they bring the sanitary system up to the site they would leave service out for them to get connected. He said the St. Paul Water Department would bring water to the p g site from the corner. If the people had problems with their wells, perhaps they could get that addressed with the St. Paul Water Department. The way e understands it, the planning Y p g commission and the city council are to look at the rules, tree. ordinances minimum lot sizes drainage, grading, sewer and water. He believes the design with the, road on the east side as opposed to the west side is the .better design. This is a very ard piece of property to develop. rY p p p Y . p He said any developer would rather have lots on both sides so when the developer sells the lots he doesn't have to pick up the cost of the entire street. Another lot owner shares half the cost of the work. That makes this project expensive to develop,along with tying in the cost of the sewer with the street intersection. Commissioner Mueller asked Mr. Farachi what difference it makes to the developer if the street is public or private. Mr. Farachi said with a private road the developer has to maintain the road. That-means the neighborhood has an association and they pay dues to have the snow plowed. The hire the p Y lowest bidder and the mailman can't get in, the garbage man can't get in etc. Homeowners are already paying to have their snow plowed. If it is a public road and they had to rebuild the street the homeowner would be assessed for half the street. If it is a private road the homeowners would pay for the street. If it was good to have private roads the would be all over the lace like Y p in town home developments. Commissioner Mueller asked Mr. Farachi if you put the road on the east side how would the developer have to take care of the runoff on the west side. Mr. Farachi said the runoff would go towards the back lot lines and it would get directed into swales and onto the street. Commissioner Dierich said as a planning commission they g have an obligation to talk to the neighbors and read their comments and understand the issues involved. The neighbors were not notified of tonight's meeting. She lives in the neighborhood and she is affected by this development. Saying the developer meets the city code is fine but the planning commission also has the obligation to ask questions. She said if you put the road in on the west side you are going to effect a lot more neighbors then if you put the road in on the east side. Ms. Dierich said regarding the septic systems, the developer has an obligation to not contaminate the well and the septic system. How are those people supposed to afford the hook up for city sewer and water. It may be a good will gesture to hook those people up at the developers cost. The real estate market has nothing to do with this development. Ms. Dierich said there are several of empty lots and homes in the Engstrom Development across the street. She said the planning commission needs to think about how they want to develop this. Whether the real estate market is hot or not has nothing to do with this. She said the planning commission should recommend this based on safety, aesthetics, being environmental correct, traffic and drainage. She said these decisions are for any development in. Maplewood not just for this one. Ms. Dierich said the association situation is a real problem for her. She has an association in her neighborhood. After she moved into her home, the rules were not finalized and they still are not finalized. Many times homeowners are not sure of the rules and then they can be unhappy with the rules when its too late. Commissioner Monahan -Junek said after listening o all the comments and reading the neighbors g g g comments, this just reinforces to her that she does not like this plan. She said there should be some more effort to moving the road to the east side of the ro ert instead of on the west side. p p Y Mr. Cox said if the proposal was approved as it is now they would work with city taff on screening g g along the west side to any degree the city would like to satisfy both the neighbors and the cit Y . Chairperson Rossbach said he does not like this plan the way it is and he would move if this were to happen in his backyard. Having the road on the east side would be the best for the drainage situation. It does not make sense to him to put the street where it will be a double frontage lot situation. Eventually the people that live there will have to a for the street to be replaced pY p whether it is private or public. Chairperson Rossbach said the retaining alls that are going to .be holding the street bed u g g g g p would be a problem for the city. The engineer said however, that would not be the case if the road was on the other side. He would go for the private street. You would not have to have the rainwater gardens in the front because they would then be on the other side. The houses can be setback 20 feet from the street. He would think the best thing for the planning commission is to recommend that the road goes on the east side and make the street a p rivate street. Commissioner Monahan. Junek asked staff if the road were on the. east side and it is a p rivate road at any point can the street be made a public street or are you restricted. Mr. Roberts said if it isn't a dedicated right of way on the plat, it would be very difficult to o, back Y p rY g later and make it a public street. Commissioner Mueller said he likes having the street on the east side but he does not like having the.street a private street. If it were a public street it would take away a Lot of the problems for the property owners. Commissioner Pearson said based on this proposal with the road on the west he would not support this proposal. After standing on one of the lots next to the. freeway at 1:30 p.m., he cannot see how anyone could stand the existing noise levels. Commissioner Trippler moved to approve the Highwood Farms preliminary plat moving the road to the east property line and making it a public road .(received by the city on August 7, 2002). The developer shall complete the following before the city council approves the final plat: (changes are in bold, deletions have a strike through). 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all. public improvements and meet all.city requirements. b. *Place temporary orange safety fencing and signs at the. grading limits. C. Have Xcel Energy install Group V rate streetlights in two locations — primarily at the street intersections and at the cul -de -sac. The exact style and location shall be subject to the city engineer's approval.. d. Pay the city for the cost of traffic- control, street identification and no parking signs. e. Provide all required and necessary easements, including an off -site easements. Y f. Demolish or remove the existing ouse and g arag e from the site and remove all other g g g buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; removing septic systems'or drain fields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and restore and sod the boulevards. Commissioner Trippler recom- mended having the city g pp engineer a rove final construction and engineering plans. The applicant shall have these .plans revised to follow the comments of the city engineer and shall include the grading, utility,- drainage, erosion control, tree and street plans'. � g p The plans shall meet the following conditions: (changes are in bold, deletions have a strike through). a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the radin on sites where the developer can save large trees. g g p g (4) The proposed street grades as allowed b the ci e Y Y g (5) All proposed slopes on the construction lans. The city, engineer shall approve the p Y g pp plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves roves the final plat. (6) All retaining walls on the plans. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). c. The street and utility plans shall show: (1) The street shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The street with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and ,the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizin g with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. .(6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (8) The cul -de -sac with a pavement radius of at least 42 feet. d. The drainage plan shall ensure that there is no increase in the rate of storm water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) : Verify inlet and pipe capacities. (2) Submit drainage design calculations. berms nnd le::=♦ 7�/ r rli�mo ♦or 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. d. Label any common areas as outlots. e. Label the nFivate public street as Farrell Street on all plans. f. Move the street to the east edge of the property. 4. Pay for costs related to the engineering department's review of the construction p lans. 5. Secure and provide all required easements for the development including an ff -site p g . o Y drainage and utility easements. These shall include, but not be limited to, an easement from the culvert draining the pond at the northwest corner of the p lat. 60 The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will a. Complete all grading for overall site drainage, complete all ublic improvements and p p meet all city requirements. - b. *Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Highwood Avenue (street, curb and -a utter and boulevard after g ) the developer connects to the public utilities and builds the private driveway. 8. Record the following - with the final plat: b. A covenant or deed restriction with the final plat that prohibits any driveways s on Lots 1, Block 1 from going onto Highwood Avenue. C. A covenant or deed restriction that prohibits any further subdivision or splittin g 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. - rm= - -- - - - - -- - . - - . • - aft -W - - - - • • - - . - . . _ - -- - -- - _ . . . . _ . . . . _ - - - 0 ! - - - al 0. Mom awl a - M.1 0=01I.F.T.TMICIMM - - - - - - WA - 10. Obtain_ a permit from the Ramsey - Washington Metro Watershed District for grading 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. B. Commissioner Trippler moved to adopt the zoning map change resolution on page 36 of the staff. report. This resolution changes the zoning map from F (Farm Residence) to R -1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. The city is making this change because it will: (changes are in bold, deletions have a, strike through). 1. Be consistent with the spirit, purpose and intent of the zoning code. 2. Not substantially injure or detract, from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. I. Serve the best interests and conveniences of the community, where applicable, and the public welfare. _ 4. Have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. Serve the site better as the owner plans to develop this property for lots for single- family houses. C. Commissioner Trippler moved to allow a reduced setback using a minimum of 20 feet from the right of way setback line. Commissioner Mueller seconded. Ayes — Dierich, Monahan - Junek, Mueller, Pearson, Rossbach, Trippler, Desai The motion passed. Mr. Roberts said this item has not been scheduled yet, however, it may go to the city council on September 23, 2002. Agenda # MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: Richard F'ursman, City Manager Shann 1=inwall, Associate Planner Conditional Use Permit Review Ronald and Connie Laundervilte 2194 Van Dyke Street September 16, 2002 Action by Council Dato ,� Endor-ed t4odifi ,ed ,Rejected INTRODUCTION Project Description Ronald and Connie Laundervilles' conditional use permit (CUP) to store a heavy commercial vehicle on their residential property at 2194 Van Dyke Street is due for review. The Laundervilles operate a towing business at 2285 ii4 7� Street in North St. Paul and the CUP allows them to store one of their tow trucks at their home in Maplewood. Background Can August 25,. a 2002, the city council reviewed the Laundervilles' CUP and right-of-way permit. ermit. The cat council app • . y pp o ed a revised right -of -way user permit for the Laundervilles. The original permit allowed the Laundervilles the use of the unused Sandhurst Avenue right -of. -way to g ain access to their property. The revised permit allows them to maintain an existing 6-foot-high wood fence within the right -of -way. The city council also approved a right -of -way user permit for the Laundervilles' neighbors Roy and � � Y Polly Hardwick of 2182 Van Dyke Street. This permit allows therm to maintain their existing 4 -foot- high chain link fence within the Sandhurst Avenue right -of -way. The city council tabled action on the Launderville's CUP and directed staff to p investigate op tions addressing neighborhood concerns. g DISCUSSION Conditional Use Permit The Laundervilles' CUP was approved by the city council in 1993 with the following conditions: 1. The tow truck shall be parked in the garage when it is on the property. 2. Mr. Launderville shall not store towed vehicles on this site, unless he or his family owns the vehicles. 3. There shall be no outdoor storage of junk or inoperable vehicles or vehicle p arts on the ro e . p p �Y 4. There shall be no storage or repair of vehicles on the site, except those owned by people living on the property. 5. There shall be no overnight parking of vehicles on Van Dyke Street (per city code). 6. The city council shall review this permit in one year to make sure that the conditions s are being met. As stated in previous CUP reviews and witnessed again this last month, the Laundervilles have been in compliance with all conditions associated with their CUP. however, when Mr. Launderville or his sons visit the property during the day, they park their tow trucks on the street. City code allows parking of commercial vehicles on Van Dyke Street, except from the hours of 2 a.m. to 6 a.m. Technically, the Laundervilles comply with the CUP and the city's parking ordinance. Staff finds that the occasional parking on the street and the corning and going of commercial vehicles could pose a nuisance to surrounding residential properties. Right -of -Way User Permit The city council approved the original user permit for the Laundervilles in 1992. On August 26, 2002, the city council revised it as follows (the new language is underlined): 1. The city does not grant the users any rights, property rights, or other rights other than permission to use the right -of -way for access purposes to their property at 2194 Van Dyke Street and for temporaa Oacement of a fence as described in condition number 2 below. 2. The city does not permit the users to place any permanent structures or permanentl deposit any materials on the right -of -way. This condition does not a0piv to the existin 6- foot-high wood fence that encroaches into the ri ght-of-wav right-of-via by aporoximately 10 feet at the southwest corner of the fence. This fence can remain within the riaht-of-wav until the fence is removed or destroyed, 3. The city does not permit the users to place any waste or substances on the . ri ht -of -wa 9 Y 4. The city does not permit the users to change the topography of the land on the . ri ht -of -wa 9 Y 5. The users assume all risk and liability n the use of the right-of-way. Y g ay . 6. The users shall indemnify the city, its officers employees an . . , Y d agents for all damages, loss, liability, or expense resulting from injury to any person, including death, or to an p ropert y Yp P Y or any person however caused which occurred in the use of the right-of-way. The user shall defend and protect the city, its officers, employees and agents against all claims, demands and lawsuits arising from such injuries or property damages. 7. The city does not warrant the fitness of the right -of -way for the users' ur ose. p p 6. This city reserves the right to end this agreement without cause upon a 60-day written notification to the users. p Y 9. This agreement is not transferable or assignable and shall remain for the use of Ronald and Constance Launderville. Launderville CUP Review 2 September 16, 2002 10. This user permit shall automatically renew year unless the city ends it by condition number 8. The user permit is specifically for the purpose of "access to the property at 2194 Van Dyke Street." After the user permit was approved in 1992, the Laundervilles constructed a Class 5 driveway within the right -of -way in order to gain access to accessory buildings on the south side of their property. Neighbors have stated, and staff has witnessed on a few occasions, the parking of vehicles on this driveway within the right --of -way. The Laundervilles agree that this has occurred mainly after a camping trip when they are unpacking their camper before parking it in the back yard. They agree that the storage of vehicles should not take place on the right -of -way, and state that it will not happen again. The Laundervilles extended the driveway by approximately 75 feet into the right -of -way last Y ear. They did this to gain access to their back yard, where they store recreational vehicles. The user permit prohibits the "users to change the topography of the land on the right - of - way." Chris Cavett, Assistant City Engineer, states that the Laundervilles did not alter the topography of the land durin the extension of the driveway and that the material used for the driveway was a recycled aggregate similar to that used in many city projects. As you may recall from last year's review of the CUP, the Laundervilles installed a 6 - foot - high chain link fence in their back yard that extended into the middle of the right-of-way. After staffs y Y . knowledge of the new fence, the Laundervilles were required to remove it from the right-of-way. The fence now extends along their south property line, and is not within the right-of-way. Y Along with the construction of the fence, the Laundervilles removed some of the undeIr rowth from . _ 9 a portion of the right -of -way. Most of the undergrowth. removed was buckthorn as witnessed by the existing vegetation near the disturbed site. Beside the rare occasions when the Laundervilles park a vehicle in the right -of -way, the Laundervilles are again technically in compliance with their user permit. The Laundervilles use of the right -of -way, however, seems to be an issue with a few of the neighbors. Alternative Tow Truck storage Staff questioned Mr. Launderville on the ossibil' of storm his tow truck at the p � g North St. Paul site, where the business is being conducted, or storing the tow truck elsewhere. Mr. Launderville states that he is on call in the evening and may have to tow a vehicle during he eveni hour g g . s Because of this and the fact that off -site storage is so expensive, Mr. Launderville p refers to store his tow truck on site. Mr. Launderville also points out that the storage of the tow truck on his property has been an asset to the immediate neighbors because the Laundervilles can help them with plowing and towing of vehicles. Both immediate neighbors (Mr. and Mrs. Hardwick and lolls. Steward) agree with this comment. Meetings with Neighbors /Neighbors' Concerns , Roy , and Polly Hardwick, Van Q yke Street Roy Hardwick states that he has no p roblems with the Laundervilles' CUP to store a tow truck on their residential property. He claims that on occasion during the day the Laundervilles will park tow trucks on the street. However, the Laundervilles rarely park on the street in the evening and in general are good neighbors. Launderville CUP Review 3 September 16, 2002 Lois Steward 2210 Van Dyke Street Ms. Steward states that the Laundervilles are good neighbors and she does not have any concerns with their CUP to store a tow truck on residential property. Brian and Maggie , Chalkline, ne, 186,3 County, .Road 8 The Chalklines' main concern is the Laundervilles' use of the right -of -way. During the city's initial dealings with the neighbors) use of g g the right -of -way, the Chalklines were required to remove some items from the right -of -way, including a compost area and a skateboard ramp. Ms. Chalkline finds it unfair that the city may allow the Laundervilles to retain their 6- foot -high wood fence within the right -of -way. However, she states that the fence does not pose a problem for access to her property and she does not believe that the Hardwicks should be required to remove their fence from the right -of -way considering it has been in place for 14 years. The Chalklines find it useful to use the right --of -way to gain access to their back yard, and do not want the right -of -way vacated. Mils. Chalkline prefers the right -of -way in a natural state, rather than the class 5 driveway that the Laundervilles 'installed. In addition, Ms. Chalkline believes that the Class 5 material the Laundervilles installed on the driveway may contain pollutants from recycled materials. Mr. Chalkline states that since the Laundervilles have already installed the driveway, and the Chalklines use the driveway on occasion, that the driveway should remain. Mils. Chalkline agreed but stated that the Laundervilles should be required to install black soil in areas of the right -of -way that were disturbed and do not have Class 5. The Chalklines state that the Laundervilles will also occasionally park vehicles in the right-of-way. Y They state that this is a violation of the user permit and blocks access of the right -of -way to other properties. The Chalklines did not express a direct concern over the Laundervilles' CUP. Ms. Chalkline states that because of the Laundervilles' abuse of the right -of -way and parking of tow trucks within the street, in principal she believes that the city should not grant the CUP for the storage of the tow truck. Harold Wilson, 1 877 CouOly Road B Mr. Wilson's main concern is the LaundervillesI use of the right - -way. During staff's initial dealings with the neighbors' use of the right-of-way Mr. Will 9 n o was required to remove a very old wire fence from the right -of -way. Mr. Wilson finds it unfair that the city may allow the Laundervilles to retain their 5 -foot -high wood fence within the right-of-way. H w � a ever, Mr. Wilson does not believe the Hardwicks should remove their chain link since it has been in place. for 14 years. Mr. Wilson has indicated that he may build a detached Y ara a in his back and in the future. He g 9 would hope to gain access to the garage from the right -of -way. For this reason he also does not want the right - of - way vacated and has no concerns over the driveway the Laundervilles constructed in the right -of -way. John Clark,, 2201 Hazel Street: Mr. Clark has documented two to four events a e r sin 1 Y a , since 996, where he has called the police because of loud parties, the use of all terrain vehicles, or recreational fires on the Laundervilles' property. He commented on the fact that the Laundervilles constructed the 6- foot -high chain link fence within the right -of -way without the cit permission, ermission, that they park their tow trucks on the road during the day, and in general have a lack of respect for Laundervllle CUP review 4 September 16, 2002 the neighbors. He stated because of this lack of respect for the rules and the neighbors, in principal the city should not grant the CUP for the storage of the tow truck. Possible Solutions Problem - Tow Truck Parking on the Street The parking of tow trucks on Van Dyke Street does not seem to be a problem for the Laundervilles' immediate neighbors on that street. It does seem to irritate other neighbors in the area, and staff agrees that the parking and coming and going of the Laundervilles tow trucks is not conducive to a residential neighborhood. Solution No. 1: The city council could require no commercial vehicle parking along Van Dyke Street. The city's ordinance prohibits commercial vehicle parking in one other area of the city, along Gervais Avenue, from Hazelwood Street to Kennard Street. The ordinance does not apply to the parking of commercial vehicles that are emergency vehicles, vehicles owned by or performing work for the United States of America, the state, or the city, and vehicles making routine deliveries. Solution No. 2: The city council could deny the CUP for the storage of the tow truck. The yearly reviews of the Laundervilles' CUP has taken a considerable amount of staff time, as witnessed by the length of this staff report and all of the documented neighbor concerns (whether related to the CUP or not). For this reason alone, denial of the CUP may be warranted. However, staff does not feel that this option will resolve the problem of the tow trucks parking on the street. City code prohibits the storage of commercial vehicles on residential property without a CUP, but does not prohibit occasional parking of a commercial vehicle on residential property, i.e., parking a tow truck on a residential property over the lunch hour. If the Laundervilles remain in the towing business, there is a strong possibility that their towing trucks will be parked on the site or the street on occasion. Problem RiCht_of -Way This problem sterns front the neighbors' differing desires for the use of the right -of -way. Some of the neighbors, in particular the Laundervilles, would like to have the right -of -way vacated. At least two others, the Chalklines and Mr. Wilson, wish to retain the right-of- way as a public access to the back of their yards. Solution No. 'I : The two property owners who gain access to their back yards from the right-of-way Y g Y have stated that they do not have concerns with the Laundervilles' driveway located within the right -of -way, only the parking of vehicles on that driveway. Staff could closely monitor the right -of- way for the storage of vehicles. If the Laundervilles are found to be in violation of their user permit with the storage of vehicles in the right -of-way, as witnessed by staff, city staff could submit written notice to the Laundervilles that the permit will end within So days, as allowed by the user permit. Solution No. 2: State statute allows cities to vacate a right -of -way on the city's motion, or on petition of a majority of the owners of land abutting the right -of -way. On the city's motion, the vacation of the right-of-way has to be in the interest of the public and the city council must adopt the motion on a vote of four -fifths of all members after a public hearing. At this point, vacating the right-of-way does not seem warranted. Nuisance issues can be addressed through the user permits that are in place. Launderville CUP Review 5 September 16, 2002 Summary Staff finds that many of the neighbors' concerns regarding the Laundervilles are more neighbor g 9 g bor irritants than code violations. The Laundervilles appear to have a very busy household with man personal vehicles Y p and social gatherings. The storage of the commercial vehicle and the coming and going of other commercial vehicles on the site only adds to'this. However, the city an only Y enforce ordinances, not human behavior. RECOMMENDATION Approve the Laundervilles' conditional use permit for the storage of.one commercial vehicle o th g n e residential property at 2194 Van Dyke Street, and review the conditional use permit again in one year. P:secl 1 Vaunderville Attachments Location Map 2. Pictures Laundervifle CUP Review 6 September 16, 2002 Attachment 1 d N d Mad Par Iding Location Map ri kk1� X0'1 • ♦ ' • ,y�i' . , _ � �. J • � • � ` .,t r H tra � 5 'd '[ • "� • s • + , T w0 • �f • �j ♦- '3 :+ .♦ t 1, 1• u/ p' f'.' +F ,♦ •.9 �;: ,,.. �• ~ � . ' tir , � r • .: - � I � 7 � a� . • ' e4o ' ' r � • , ' ' Pr. � • ' ,} y.' . k�''i�, y r ' • . ♦ ; ' � • ��� � `r't11 �� Z�y } �� f '"f .�� �7� `' } ` t ��' � • •' , 6 1, ,�, �, � I �• .�! � � i �♦ / 2.•?E' 1 � �' �! �� ri'�,Y�{ �? 4Y� k�l� t p Y i �+ �1� •� f` r • ' • � o�' ' �� 0 ! '. � . 'l • � ..� ♦ . , • k �_ , � � _ ' ' •.� • u i �� ��'��. 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Ir.,. . r _ ,�{{ �t1 •awe "+•.'•; t.'� _ .. <. ... rra �.. :r�, �� .. , - �� •••a1• `_rte f .. • _ ., 4 '�`, � "'''�*w. a ,:l •�..'r`„`., r.• 9t.,r � a,tre� t / s._•F, {. �' � •w r � i ,.pit ...'•t �r7lr .r.. . ;tp i �'' 1 � ;♦ �•�+�v,G,r x . u :_� "� � �./f tl•.. r t ', 1 f . T�, a } r� - .. .. _ Lj7� �'� n •1i- , iZ"".�'-i.. ♦ a' , i•> • . •: �" } , ,. .i 5 yn1`.. 7 ;� ��� i. y ::aawnrf�c.. a ,� � .. ''fir . • ?� � - � MOP- ; - 6 0 MAI7: - Fi DATE: TO: FROM: AGENDA REPORT September 3, 2002 Richard Fursman City Manager Sherrie Le Human Resource Director Agenda No. \\) Dam Endorsed Modified Rejected T .y SUBJECT: Proposed Settlement - A.F.S.C.M.E. Clerical/Technical &Maintenance I have attached the proposed two-year negotiated labor agreement between the City and A.F.S.C.M.E. Local 2725. It has been ratified by their membership. Approval of this settlement is recommended. If you have any questions, please let me know. CITY OF MAPLEWOOD .AND A.F.S.C.M.E. Local 2725 Clerical/Technical/Maintenance TENTATIVE CONTRACT SETTLEMENT 2003 &.2004 1. Duration Two-year agreement to expire December 31, 2004. 2• Wages General wage increase of 3% for each year. The pay for the Maintenance Worker title will be increased to be equal to the Utility Maintenance Worker pay. The memorandum of understanding creating a call response pay for the Facility Technician at the MCC will be integrated into the agreement. All memorandums of understanding establishing salary ranges for new AFSCME titles will be incorporated into the agreement. 3. Recognition. We added several new classes: Lead Motor Vehicle Clerk, Marketing/Public Relations Specialist, Assistant Building Official, Membership Billing Technician, and Civil Engineer I. In addition, all Utility Maintenance Worker titles will be deleted. Effective 1-1-03, all employees in a utility maintenance job class will have their title changed to Maintenance Worker. We also deleted two other titles that no longer exist: Aquatic Program Representative, and Sr. Customer Service Representative. We added the sentences: `All temporary employees who work for less thanfive months out of any 12 (twelve) consecutive month period will be excluded from this contract. This change will be effective immediately after ratification but no later- than 1-1-03. " 4. Standby We clarified that "Immediately available for work" means to be able to respond to a callback within 30 minutes. Employees who will not be able to respond within that timeframe will not be eligible fof- callback pay. .?,$ S. InsuranceWe agreed to revise this section as follows: The City will pay 100% of the cost of g 50% d an e single coverage plus X45 of the,cost toward the monthly dependent health coveragef or the least expensive health insurance plan. If the employee chooses the more costl y plan, the employee will pay the dfference in cost between the two plans. In addition, the City will pay 50% of the cost o single coverage for the f lowest cost health insurance plan for part-time employees ees who are regulary scheduled (and on payroll) at 30 hours per week or more. These employees may purchase dependent coverage by paying thefull cost. (Old language will be deleted and this language will replace it. p Yand when AFSCME is ready to negotiate a ,Retiree Health Savings Plan', the City will schedule a meeting to begin the process. � If the City adopts an optional Long Term Care benefit, AFSCM E employees will Abe eli 'ble to elect coverage i meet the criteria gi f the g y tee is established by the plan. 6. OT/CT On a trial basis, the Cit reed to allow employees' y a g the option of accruing compensatory time in lieu of overtime a under the . .. pay following conditions: • Comp time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeks notice; • Comp time is not an option forp ositions that have to be back-filled with another employee to keep reasonable p staffing level's; and . • Any comp time accrued will be capped at 40 hours pp per year and will be cashed out at the end of the ' year, if not used, prior to any annual adjustment. , • Overtime worked in excess of the 40 -hour cap will be paid during, the same pay period it is earned. 7. MileWe agreed to change the additional �� g g additional $3 per day for required use of an employee's car on a public works construction project" to $20 per week. 8. Tools We 'increased the annual tool allowance to $300 effective 1-1-03 and to $325 effective 1-1-04 for the three mechanicp ositions on the condition that employees provide receipts and the reimbursement is based on the receipts. 9. Def. Comp. The City will increase deferred compensation and combine it with a longevity program as follows: Deferred Coni ensatiorOon evit : :Deferred compensation will increase to $95/month on 1-1-03 for ,all FT AFSCME employees. Those with 15 years of service will receive an additional $S/month- (to $100) Those with 20 years of service will receive an additional $10 (to $105) Those with 25 years of service will receive an additional $15 (to $110) Those with 30 years of service will receive an additional $20 (to $.115) On 1-1-04, Deferred compensation will increase to $100/month for all FT AFSCME employees. Those with 15 years of service will receive an additional $5/month (to. $105) ,Those with 20 years of service will receive an additional $10 (to $110) Those with 25 years of service will receive an additional $15 (to $115). Those with 30 years of service will receive an additional $20 (to $120) Deferred Compensation is pro -rated for part-time employees who work 20 hours per week or more (and for those who work fewer hours and who were grand -fathered in on 1-1-03 ). Those who work less than 20 hours per week and who were hired 1-1-03 or after are not; eligibly for city -paid deferred compensation. A' i I 1 10. PT Benefits Beginning 1-1-03, the benefits for part-time u re art -time em to g employees who are hired for less than 20 hour per week will be changed to: . p g Childcare reimbursement under the City's Section 125p lan, Community Center membership, and Overtime pay if required to work on any of the holidays listed in the contract. The will not . Y be eligible for pro -rated vacation, sick leave, annual leave, or holiday pay (except,the holiday overtime noted above), City -paid deferred compensation, or long-term disability insurance. All regular part-time employees who were hired into these positions prior to 1-1-03 and remain continuous) in these positions will be � Y in with all ro-rated benefits in existenc in 2grandfathered p � 002. 11'. 1 IousekeepinR There were a few g g g housekeeping changes throughout the p document. • We will reference annual leave in 7.8. I I • J1,.1 Add: "Unless the shift length is greater than 8 hours. In that case, overtime eligibility begins after the regular shift is g Ye g g exceeded." • 17.1'Add employees "who work FT and were hired before May, 2001. Add the same clarification for part-time employees. • 17.2 Delete the six-month wait for employees to use vacation. There will no longer be employees in this situation. • Delete: Aquatic Program Rep. and Sr. Customer Service Rep. p where they appear in the Agreement as those titles no longer exist. • Article 31. The Building Maintenance Supervisor is now called Chief Building Engineer " so this will be revised. I • Article 32. We will delete the reference to 2001 and the amount. • 35.2 partial and 35.3 all. We will revise and delete the parts that refer to the past. Sections that are still in effect remain the same. 0 Appendix C —Delete differential for Sr. Customer Service Rep. ' I i • 17.5 add' "and revised on September 9, 2002." (Revisions deleted parts that referred to thep ast and moved some sections around to make it flow letter. Nothing of substance was changed.) • , We will ,revise the contract, as needed to incorporate the benefit p changes for part-time employees. I I . I I . I AGENDA ITEM 2 AGENDAREPORT Aefion by Council TO: City Manager Date Endorsed FROM: Assistant City Engineer Modified Rejeete� SUBJECT: County Road D Improvements, City Project 01-15 Resolution for Modification of the Existing Construction Contract, Change Order 2 DATE: September 16, 2002 Introduction/Summary During construction there are often unforeseen changes from the original plans and specifications. g p p cations. The city council will consider approving the attached resolution: Directing the Modification of theExistin Construction Contract. Background The changes described in this change order (CO #2, $7,131.99)are for chan es in the sco. g pe of storm sewer and water main system work from what was initially planned. A memo from URS is attached which describes in detail the purpose of those changes. There was arevious change ge order (CO #1), approved by the city council on 7/8/02, for the construction of thearkin lot at the Bruentrup Farm. p g Budget Impact Approval of this resolution would increase the construction contract b $7,131.99; however theYse expenses will fall within the original project budget. A final project reconciliation will reapportion . funding based on the cost of work. pp State aid and assessment funding will cover costs for the extra storm sewer work. The extra water main system work will be a shared obligation between Maplewood and the North g p h St. Paul Water Utility. Recommendation Itis recommended that the city council approve the attached resolution Directing the Modification of the Existing Construction Contract for the Count Road D Improvements, Project 01-15. Y p , CMC jw Attachments: Resolution Change Order Memo from URS RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-15, County Road D Improvements and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 01-15, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $7,131.99. The revised contract amount is $1,067,346.15. No revisions to the project budget are required at this time, as these changes fall within the original project budget. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOO D, MINNESOTA Prejec1 Name.: County Road D Improvements Change Order No.: 2 Prete t. No,,,,- 01-15 Date: July 29,, 2002 L;Ontractor, A 5chifsky & Sons., Inc. The following changes shall be made In the contract documents. Descrip,tion: Utility Changes Contract.. Iterg Descri0io, Unit QU I/C Connect Private Stom. Sewrer LS at Auto Mall to the New.. - Storm Sewer System 21VC Repair Existing 2" Copper LS Water Service (not marked) 3./-C Connection to Existing NSPR.W. S LS Watermain at McKnight (out of Spec.) Ori ,i 1BRW, 1nG,.1 MEMORANDUM Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 To: Chris Cavett, City of Copy: File: 4 - p 9392 005 Maplewood, MN From: Dave Brandt Date: September S, 2002 Subject: County Road DProject —Change Order 2 Change Order 2 consists of 3 separate items of work identified in the field during construction of the utility improvements that had to be addressed before the project could be completed. These items were not identified on the plans or in the contract bid documents and were not assigned unit prices. 1. "Connect Private Storm Sewer at Auto Mall to new Storm Sewer System" — The Auto Mall had an existing private storm sewer collection system that came together at a "French drain". This existing "French drain" had an overflow pipe (8" DIP - within a 12" steel casing pipe) that ran across the roadway and daylighted to the Mn/DOT ditch on the north side of the proposed roadway. The elevation of the existing 8" DIP and casing pipe were within the excavated section of the proposed roadway and had to be removed before roadway excavation could continue. The work associated with this change order consists of exploratory excavation on private property (in back of the right-of-way), expose the existing discharge pipes from 2 separate -private storm inlets, connecting the dissimilar materials to a new PVC pipe, and connecting the PVC pipe to the back of the new catch basin located in front of the Auto Mall. 2. "Repair Existing 2"Copper Water Service (not marked) — During excavation to construct a connection to the existing NSPRWS watermain on Woodlynn, the contractor damaged an existing 2" copper service to an adjacent residence. This service was unknown to NSPRWS and had not been located by the utility as part of the Gopher One call made at this site by the contractor. Contract unit prices do not include materials to make the required repair and a decision was made in the field to make the repair under Mn/DOT force account rules and restore water service to the residents. The contractor did not assume responsibility for the repair due to the fact that this service had been unknown to the utility and had not been located prior to excavation. 3. "Connection to" Existing NSPRWS Watermain at McKnight (out of spec)" — Excavation to connect new watermain to the existing NSPRWS system at McKnight was unsuccessful. The existing watermain stub as shown on the plans does not exist. Plans were made, and approved by NSPRWS, to excavate into the roadway at McKnight (adjacent to the existing fire hydrant) find the existing watermain, place a new 8" cross at the end of the existing watermain, and make a connection. Ramsey County authorities have been notified that the contractor will excavate into the roadway. Traffic control has been arranged to shut down the two southbound lanes of McKnight and continue 2 -way traffic within the existing northbound lane. Due to the exploratory nature of this excavation, the contractor will construct this connection from the existing system to the proposed 8" gate valve manhole at time and materials; the remainder shall be constructed at contract unit prices. AGENDA REPORT TO: City Manager FROM: SUBJECT: DATE: Introduction Assistant City Engineer AGENDA ITEM l�l�► l�� ra 'tip � ''•': c��",�ii�,�i�'a'1 Dat Endorsed Modified Rejected � Gladstone South Neighborhood Street Improvements, City Project 00-03: Approve Revision to Neighborhood Traffic Control September 17, 2002 Staff and the city's traffic consultant have reviewed the neighborhood's traffic control, as well as resident traffic concerns. Staff has recommended some revisions to the traffic control in the neighborhood. The city council will consider approving the staff recommendation to revise the traffic control in the Gladstone South neighborhood. Background After the Gladstone South project was approved this spring, public works staff began hearing more and more concerns from residents about traffic, speed and stop sign compliance. Upon closer review of the existing stop sign layout in the area, it was felt that a "clean slate" comprehensive approach to the traffic control should be done with the whole neighborhood. The city's traffic consultant reviewed the traffic concerns, traffic flow, existing signage and intersection site obstructions, and then made a recommendation to revise some of the signs and traffic control in the neighborhood. A neighborhood meeting with good turn out was held on Sept 3. A few revisions to the staff recommendation were made as a result of that meeting and other discussions with residents. Finally, a letter and drawing was sent to the whole neighborhood describing the proposed traffic control changes. A copy of that drawing is attached. Proposal Map drawings of the pre -construction traffic control and the proposed traffic control are attached to this report. The issues of biggest concern were: 1. Cut -through traffic and excessive speeds on Clarence recommendation: stop traffic on Clarence at Ripley. Ultimately a4 -way stop was chosen. 2. Cut -through traffic and excessive speeds on Birmingham — recommendation: maintain 4 -way stop at Ripley and add a stop condition on Birmingham at Summer. 3. Speed and stop sign non-compliance on Ripley at Barclay — recommendation: remove all -way stop at Ripley and Barclay. Construct "chokers" at Barclay and Dieter to "calm" traffic on Ripley along the lake. Landscaping would be added to enhance the chokers. Stop signs were also proposed at locations were there had been no traffic control, to be consistent with the rest of the neighborhood. Those locations were along Summer Street, at Sophia and I.de, and at Price and Clarence. In the neighborhood meeting, staff agreed to review the traffic volumes and speeds on the major streets after construction was completed. Some consideration would be given in the future to adding additional traffic calming on Clarence if it was felt it was necessary and would be effective. Recommendation It is recommended that the city council approve the staff recommendation for revisions to the neighborhood traffic control as part of the Gladstone South Neighborhood Street Improvements, Project 00-03. 1 - CMC jw Attachments = Drawings Ex- ISTING ■■ ■ ' go f % ■Cp■ • ■ ■ 940 r i it ! i " /` s iW a 20 0 0 OF, 13 CD r ,� - , - r s ■ . ■. / ■ 20; ■ ■ / ■ Poll 71 C3 20 Ep P40 0 0 C3 4o IF w pvd ■ a son 4 % .. • ■ ■ r � � ■ � r r i j ■ L ■ Ogo � GOO/��//;/r/�./�!/11.ii�1l'I.�I�.rii VA • � a Ze '� ■ ' X a SP14 ♦ �� 100 poo ■ , � • 1 �ff�/ 20 r •;P40 IMPISPAO ♦ • OVA � ,� . 'fir ■ ii STREET IMPROVEMENT no scale ur - J AJCt� S:I-ap ,451 W� Exhibit ►t 2 P'\SDSKPROJ\00-03\,DWG\FEAS SCOPE.DWG 02/10/2002 08:36:28 AM CST -- ,6-)C/S r f,V6 0ELD,516Ao5- Project Scope Gladstone South Neighborhood Streets 00-03 STREET IMPROVEMENTS Larpentew ti GLADSTONE SOUTH IMPROVEMENTS PROJECT C.P. 00-03 INTERSECTION CONTROL LEGEND 0 CHANGE IN INTERSECTION CONTROL TO: FROM: SUBJECT: DATE: INTRODUCTION Background MEMORANDUM Richard Fursman, City Manager Shann Finwall, Associate Planner5_A. Purchase Agreement for 189 Larpenteur Avenue September 16, 2002 Agenda # Action by Council .Date Mod ,lf-if, Rejec;teci In 2001, Maplewood purchased -three single-family homes on the northwest corner of Larpenteur Avenue and Adolphus Street with funds from the city's Housing Replacement Program. The homes had been flooded after the pond located to the north of the properties overflowed during a rainstorm in April 2001. The flooding caused a large amount of damage to these older homes. None of the property owners were eligible for flood insurance coverage through the League of Minnesota Cities Insurance Trust or through their private insurance companies. The purchase of the three homes by the city with the Housin 9 Replacement Program funds helped cover some of the flooding damage expense as well as addressed an older housing stock within the city that needed: upgrading. Staff has been.working with two adjacent property owners (189 Larpenteur Avenue and 1701 Adolphus -Street) for the purchase of their homes as well (see attached location map). The city plans to combine these two lots with the three previously purchased lots in order to create a comprehensive land use -plan for the northwest comer of Larpenteur Avenue and Adolphus, Street. The plan includes rezoning all five. properties. to, a higher density for the development -of townhouses., Project Description Dahlen & Dwyer, Inc., completed an appraisal for the property on June 25, 2002. The owner of 189 Larpenteur Avenue, Dan Viskoe, has agreed to sell his home for the appraised value of $123,000 (see attached purchase agreement). After the city purchases the property from Mr. Viskoe, he will rent the house from the city until the purchase and closing of his new home. Dan Faust, Finance Director, completed a financial information sheet for the Housing Redevelopment Program fund last May in which he projected the fund balance after the purchase of the two remaining homes at 1701 Adolphus Street and 189 Larpenteur Avenue (see attached memo and financial information sheet). The projection is based on the city engineer's estimate of costs to acquire the two remaining homes, the cost of preparing the lots for building, and the revenue from the sale of the properties.. The projection reflects ample funds available for the purchase of 189 Larpenteur Avenue for$123, 000. RECOMMENDATION Approve the purchase agreement for 189 Larpenteur Avenue and authorize staff to execute the. necessary documents to finalize the closing to acquire the property. P: HRA\Larpenteur Avenue Properties Attachments: 1. Location Map 2. Finance Director's Financial Information 3. Purchase Agreement LLJ Larpenteur Avenue N w E Location Ma S p 2 Attachment 2 Memorandum - r To: Shann Finwall From: Dan Faust Date: May 7, 2002 Re: Housing Replacement Fund Attached g p is financial information for the Housing Replacement _ ement Fund. The first three - columns list revenues and expenditures for 1999 through 2001. The last two columns are financial projections for 2002. The amounts for 2002 under- Option A assume no additional ' p homes will be purchased. Revenue from the sale of property consists of $159,000 for thero ert Van Dyke p p Y on Street -.and $280,000 (4 Lots @:$70,000) for the propertY on Lar enteur Avenue. p Expenditures are based on the city engineer's estimate of remaining costs to make the three.. lots on in Avenue ready for. building.. Under Option A, there would be $481P ,760 left n the Housing Replacement Fund at the end.of this year. The amounts for 2002 under Option B assume the purchase of.the homes at 1701. . Adolphus Street -and 189 Larpenteur Avenue. Revenue from the sale of property consists of $159,000 for the propertyon Van Dyke Street and$450,000 Y (9 lots @ $50,000) for the property on Larpenteur Avenue. Expenditures are based on the i p e c ty engineer's estimate of costs to acquire two more homes and make the Lots ready for building. Under Option B, there would be $296,760 left in the Housing Replacement Fund at the end of this year. `- --- g p C1memo1sh050702 �kQ� ihL tAlt A 3 CITY OF MAPLEWOOD, MINNESOTA HOUSING REPLACEMENT FUND (214) STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 4 OPTION A OPTION B ACCT 1999 2000 2001 2002 2002 NO. ACTUAL ACTUAL ACTUAL ESTIMATE ESTIMATE Miscellaneous Revenue: 3801 Investment earnings $0 $46,362 $39,529 $0 p 3804 Sale of property 0 0 0 439,000 609,000 Total revenues 0 46,362 39,529 439,000 609,000 Expenditures: 4480 Fees for service 0 0 30235 0 p 47.10 Land purchase 0 1551444 450,211 75,000 430,000 4930 Investment management fees 160 3,292 2,719 0 p Total expenditures 160: '158,736 456,165 75,000. 430,000> Excess (deficit) of revenues over expenditures (160) (112,374) (416,636) 364,000 179,000 Other financing sources (uses): Operating transfers in (out): Sewer Fund 646,930 0 0 0 p Net increase (decrease) in. fund balance 646,770 (1121374) (416,636) 364,000 179,000 Fund balance - January 1 0 646,770 534,396 117,760 117,760 Fund balance - December 31 $646,770 $534,396 $117,760 $481,760 $296,760 c\misc\fund214 4 Attachment 3 PURCHASE AGREEMENT THIS AGREEMENT is made on this 19 day of August,. 2002, by the CITY OF MAPLEWOOD, MINNESOTA, a Minnesota municipal corporation (Buyer) and DAN R. VISKOE (Seller). A. Seller is the owner of property at 189. Larpenteur Avenue, Maplewood, Minnesota, legally described as: Subject to Highway, the W 75 ft. of the E 375 ft. of the S 290 ft. of the SW 1/4 of the SE 1/4 of Sec. 18 T 29 R 22 Ramsey County, Minnesota, and pursuant to Ramsey County Records ("premises"). B. Seller desires to sell the premises to Buyer and Buyer desires to buy the premises on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Seller and Buyer agree as. follows: 1. Sale and Purchase. Subject to the terms and conditions herein set forth, Seller hereby sells to Buyer and Buyer hereby purchases the premises, together with the right, title and interest of Sellers in and to any, overlaps or gaps between the respective parcels of real property, any overlaps t- thereto anywith or gaps between(i)the Premises. and . ii the parcels of_real Pey adJ acenPro easements appurtenant thereto, and all improvements located thereon (or on such easements), including but not limited to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject parcel to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue. Seller shall execute and deliver to Buyer at Closing, as hereinafter defined, or thereafter, on demand, all proper instruments requested by Buyer for the conveyance of said land lying the bed of any street, road or avenue and for the assignment and collection of any such award. On the date of Closing all of the premises sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent in writing and except for: A. Local, state and federal buildings and zoning laws and ordinances; B. The lien of any real estate taxes which Buyer has agreed to pay herein; C. Reservation of any minerals or mineral rights to the State of Minnesota; and D. Easement and restrictions of record. 0 2. Purchase Price. Subject to the performance by Seller on all of its obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Seller the sum of One Hundred Twenty -Three Thousand Dollars and. no/100 ($123,000.00), payable as follows: A. One Dollar ($1.00) earnest money herein paid and One Hundred Twenty -Two Thousand Nine Hundred Ninety -Nine Dollars ($122,999.00) cash on or before the date of Closing. Said earnest money shall be held in escrow by Kelly & Fawcett, P.A., attorneys for the City of Maplewood. Said earnest money shall be returned to Buyer if Seller does not execute or return this Agreement to Buyer within 5 days after the date for above -written and as otherwise set forth herein. Unless refunded to the. Buyer as provided, the escrow money shall be delivered to the Seller at Closing. All accrued interest on the earnest - money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the Closing occurs hereunder. .3. Closing Date. The Closing of this purchase and sale shall take place at, the offices of the City of Maplewood on September 30, 2002, unless the parties agree otherwise. Possession, of the J sub' ect parcel shall be delivered to the Buyer on the date of Closing, unless the parties agree otherwise. 4. Documents to be Delivered. A.. To the extent not heretofore delivered to Buyer, if available, within ten (10) days of the ' Closing date, Seller shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and town, county or state governmental entities, contracts and agreements affecting the premises, to the extent such documents are in its possession or control. B. If Buyer shall have performed all of its obligations hereunder to the date of Closing, the Seller shall, on the date of Closing, execute, where necessary, and deliver to Buyer the following: (i)warranty Deeds from Seller to. Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, obligations; charges and options of any kind whatsoever. (ii)Uniform Seller's affidavit from Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller and that there has been no skill, labor or material furnished to the subject property for which mechanic's liens could be filed; there are no other unrecorded interests in the premise of any kind, including but not limited to any leasehold interests in the premises. (iii)All other documents to be executed by Seller affecting title to and/or possession of the premises and necessary or convenient to transfer marketable title and possession to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances. (iv)A certificate stating that all of Seller's warranties hereunder are. true as of the date of. Closing or, if not, stating in what respect any warranty made hereunder is no longer true. (v)At Closing, Buyer shall pay Seller the purchase price. Seller shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Seller is responsible for all outstanding and payment in full of assessments levied and pending.: Buyer is responsible for recording fees on. any documents, other than deeds required by Buyer to be recorded. (vi)Execute and deliver, to Buyer and Buyer's title insurer, if any, a Sellers' Affidavit Minnesota Uniform Conveyance Form Affidavit (Form 116=M, 117- M or 188-M) evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same -or similar names as the Sellers and evidencing the absence of mechanic's lien rights affecting -the Property, unrecorded interests. affecting the Property, persons in possession of the Property and - known encroachments or boundary line questions affecting the Property. (vii)Execute and deliver to Buyer a non -foreign affidavit in recordable form containing such information. as. is required under MC. S ection l 445(b)(2) and any regulations relating thereto. (viii)Execute and deliver to Buyer; a completed Minnesota Department of Health Well Disclosure Certificate or include on the deed the statement "I am familiar with the property described in this instrument and I certify that there exists a well on the -property which has been permanently sealed, and that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate," followed by Seller's signature. (ix)Buyer will pay the costs of and arrange for a Closing Agent. 5. Title Examination. Immediately after the execution hereof by Buyer, Seller shall furnish an updated abstract including, but not limited to, judgment searches and lien searches. Buyer shall order a .commitment for an ALTA owner's policy. of title insurance with extended coverage (Form B-1970) from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the premises on the date of Closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by public records. Buyer shall be responsible for any premiums or charges for the insurance of a title policy and all endorsements. Seller shall furnish an updated abstract, at Seller's expense to the Title Company. 7 Title to the premises shall be subject to Buyer's approval. It is understood that marketable fee title. shall be transferred. In the event Buyer raises an objection to the title, Buyer shall notify Seller in writing within thirty (30) days of receipt of the Title Commitment. Notwithstanding the foregoing to the contrary, Seller further agrees to use all reasonable efforts and to expend sums as may be reasonably necessary to make said titlemarketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of. title, the date of Closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Agreement according to its terms. If title to the premises is . not marketable and is not made so by Seller within one .hundred twenty (1, 20) days from receipt of Buyer's objections thereto, Buyer may void this Agreement. In addition, Buyer's obligations shall be contingent upon receipt at Closing of an endorsement to the commitment or a marked copy of the commitment signed by the Closing Officer of the title -company (a) changing the effective date thereof to the. date of Closing., (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and -(e) reflecting- Buyer as the fee owner of the premises and without any other change. o ..6. Taxes. Real estate taxes due and payable in connection with the premises for all prior years_ shall. -be. -paid. -by Seller.. Real. -estate :taxes, excluding penalties ;.and plus. interest, if any, due and payable in the year in which Closing date (the "year of Closing") shall be apportioned..between Buyer and Seller 'as of the date of Closing. All unpaid special assessments (including but not limited to the amount payable with taxes payable in the year of Closing, and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the premises) for all public improvements which have been levied as of the date of Closing will be paid by Seller on the date of Closing, or if the exact_ amount thereof shall not be known on the date 'of Closing,- an amount mutually estimated by Buyer and Seller to pay the same shall be deposited into escrow on the date of Closing. Any amount in such escrow which is in excess of such assessments when determined and paid shall be delivered to Seller within five (5) days following. such determination and payment and _ _ Seller's demand therefor. It is the Buyer .and Seller's understanding that there are no deferred or pending assessments, or notice of future pending assessments. 7. Representations and warranties by Seller. Seller represents and warrants to Buyer that: A. Seller has all requisite power and authority to execute this Agreement and the Closing .documents previously listed hereof, and the officers of Seller who did or will execute the same for and on behalf of Seller have the power and the authority to do so and to bind Seller. B. To the best of the knowledge of Seller, after due investigation, the conveyance of the premises pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the premises or to Seller. C. Seller has not used the premises and, to the best of Seller's knowledge the premises have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, `including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Seller's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the premises. To the best of Seller's knowledge and belief, there are no underground storage tanks on or under the premises. Buyer has conducted a Phase I Environmental Site Assessment. D. Seiler will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. E. Seller has and will have, on the date of Closing, good and marketable title in fee simple to the premises free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. F. To the best of the knowledge of Seller after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the . premises pending or, to the best of Seller's knowledge and belief, threatened-- against Seller which- could result in a judgment or lien against Seller or could- result in a re -zoning or taking of the premises; there exists no other basis for any assertion against Seller which would interfere with or prevent the transactions contemplated hereby. G. The premises contain structures.. The Seller shall also have the right to remove the retaining wall and any fixtures in a manner which does not damage the structure. H. Buyer will conduct the necessary tests for asbestos at its own costs. Seller will allow entry to the Premises as needed for this testing. I. Seller represents that no other parties have an interest in the property either by claim of damage or ascertain of any rental or leasing rights. Seller hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by Buyer of its obligations hereunder. The representations contained herein shall survive Closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge ,against the premises. Upon the. material breach of any thereof, Buyer may declare this Agreement to be null and void, or Buyer may elect to close this sale without waiving any right of action by reason of such breach. In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. 9 8. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that: A. Buyer has all requisite power and authority to execute and perform this Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. B. Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. 9. Eminent Domain. Buyer and Seller hereby agree. and acknowledge one to the other that this Agreement represents a voluntary sale by the Seller to the Buyer of the property in question. No threat of eminent domain has been made by the Buyer in this matter. 10. Termination. If Seller shall fail toperform its obligations hereunder or shall otherwise breach this Agreement, or if any representation or warranty of Seller set forth in this Agreement hereof shall not be true and accurate as of the date stated and as ' of the date of Closing, Buyer shall have the option to do one or more of the following: (a) terminate this Agreement by written notice to Seller, (b). proceed to Closing, (c) in the case of Seller's failure to cure objections to title, as required in this Agreement, proceed to Closing and deduct the reasonable cost of Buyer's- curing such objections from the purchase price; ori (d) pursue such other actions or remedies as are available to it including its right to damages against Seller for its. failure to perform or for such breach or misrepresentation or the right to specific performance of this Agreement. Upon the receipt of written notice terminating this A Bement- the escrow age hall refund to Buyer- the earnest move and the accrued interest thereon. g Y Y� Upon. refund of the earnest money, this Agreement shall automatically terminate and be of no further force and . effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Seller's sole remedy shall be to terminate this Agreement and retain the earnest money and additional earnest money, if any, as and for - its liquidated damages for said default and not as penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. 11. Miscellaneous. A. Notices. Any notice or other communication which must or may be given under the terms of this Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other. address of which notice is provided in accordance with the terms of this Paragraph 11: (i) If to Buyer: Richard Fursman, City Manager Melinda Coleman, Director of Community Development & Planning and Assistant to the City Manager Maplewood City Hall 1830 East County Road B ..Maplewood, MN 55109-2797 10 With a copy to: Song Lo Fawcett Attorney at Law Kelly & Fawcett, P.A. 2350 U.S.. Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, NIN 55101 (ii) If to Seller: Dan R. Viskoe (to be determined) (iii) Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by telecopy or by telex shall be .deemed given on the date of receipt by addressee. (iv) . ' Properly addressed written. notice delivered by certified mail, return receipt requested, with. postage prepaid, shall be deemed given on the date which falls seven business days after its. deposit:in the United States mail. B. Interpretation. This Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Seller and Buyer. This Agreement; will be .gov:erned by and construed in accordance with the laws of the State of Minnesota: C. Waivers. Neither the extension of time or payment of any sum of money to be paid hereunder nor any waiver by Seller of its right to declare this Agreement forfeited by, reasons of any breach hereof, shall in any manner affect the right of Seller to terminate this Agreement because of a subsequent default. No extension of time or waiver shall be effective unless given in writing signed by Seller. D. Additional Documents. After the Closing, each of the parties, without further consideration, agrees to execute such additional documents as may reasonably be necessary to carry out the purposes and intent of this Agreement and to fulfill the obligations of the respective parties hereunder. E. Commissions. Seller hereby warrants to Buyer and Buyer hereby warrants to Seller that no broker, agent or finder has been retained by either party and that no broker's commissions, finder's fees or like charges have been incurred in connection with this transaction. Each party hereby indemnifies and agrees to hold harmless the other from and against all losses, damages, costs, expenses (including reasonable fees and expenses of attorneys), causes of action, suits or judgments of any nature arising out of any claim, demand or liability to or asserted by any broker, agent or finder, other than herein specified, claiming to have acted on behalf of the indemnifying party in connection with this transaction. F. Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. 11 I G. Parties. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. H. Survival. The warranties, representations, covenants and guarantees contained herein shall survive Closing of this transaction. I. Assignments. Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Agreement without the prior written consent from Seller, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Seller's receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. J. -Time. ' Time shall be of the essence hereof. K. Use of Premises. From and after the date hereof, Buyer and its agents, employees, contractors and invitees,. may enter upon the Premises in order to: (I) perform on the Premises surveying soils, engineering and environmental tests and other such other tests and inspections as Buyer deems necessary for determining the suitability. of the .:Premises for its intended use; (ii) show the Premises to prospective purchasers, lessees, lenders and contractors. L. Public Announcement. Seller agrees that it will not make a public announcement of this transaction contemplated hereby or the terms hereof prior to Closing without the prior written consent of the Buyer. M. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. N. Wells. In the event wells are located on subject property, the responsibility for sealing and capping said wells. including all costs is the responsibility of the Seller. 12 12. Contingencies. Buyers obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: A. Contingent upon review and approval of final terms by the City Council; B. Contingent upon Seller's voluntarily waiving relocation costs. Said relocation costs are not limited to the Uniform Relocation Act, both State and Federal; and C. Contingent upon the City's performance of a survey of the subject property. If these contingencies are not satisfied, then this Agreement may be declared null and void by Buyer. er. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Seller: Buyer: DAN R. VISKOE CITY OF MAPLEWOOD By: By; Dan R. Viskoe Melinda Coleman Director of Community Development and Planning 13 TO: FROM: SUBJECT: DATE: 1AGEND A ITEM MEMORANDUM City Manager Melinda Coleman Group Home Regulations September 16, 2002 INFORMATION Action by Council Date EndorW ._ ModifiW Rejcded -77.4 City staff and City Council have received several phone calls over the past couple of months regarding the regulations pertaining to group homes in the City of Maplewood. Concerns have been raised relating to location, management and concentration of these facilities in the city. In addition, a situation occurred where a group home resident left a facility and entered another residence without any supervision, causing much anxiety and fear for the residents of this house. A meeting was held at city hall on August 22, 2002 to meet with REM, the management group, and residents in the immediate area. In addition, city staff, county staff and council -member Collins attended the meeting. Issues/concerns were discussed and it was agreed that the county would facilitate another meeting to check progress on corrections and address any additional concerns. ISSUES Residents have requested that the Maplewood City Council assist/support them with the concerns and issues they have with the group homes. Staff acknowledges that the residents do have valid concerns and will work with them the best we can. Cities have no authority over these facilities unless the homes have 6 or more residents. Cities can require CUP's if facilities have 7- 16 residents and if they are located in multi -family residential districts. Group homes are permitted in any jurisdiction, neighborhood or home without any approvals by the city. In fact, state and federal law prohibits cities and even the counties which license them from denying homes if they meet the licensing requirements. These homes are treated as any other single family home as long as there are 6 or fewer tenants. The same would hold true if any individual wanted to allow 5 other people to move in and share their home. Opinions have been received by the county attorney as well as the State Attorney General to this issue that state that we can not prohibit this activity nor can we impose distance or any other regulations that would discriminate against this type of facility. Although, the cities' hands are tied, so to speak, in our ability to regulate, we can forward our concerns to Ramsey County and our legislators and ask them to review and see if rules can be changed. Some of the issues raised by neighbors include: high concentrations of group homes in certain neighborhoods and distance issues in general, increased police and ambulance calls, tenant safety and management issues, notification processes, increased traffic and the "commercial or business aspects" of these homes in the single family areas. Staff has found from Ramsey County that we have 55 group homes in Maplewood. Including in home foster care , there are 102 licensed facilities in the city. County staff will be available at our meeting on September 23rd to help answer questions and to bring additional information regarding regulations and numbers of facilities in the County. A map and listing by address, has been attached which indicates the locations of the licensed facilities in Maplewood. RECOMMENDATION It is staff's recommendation that the city council, together with Ramsey County staff and officials, hold a special community meeting to hear residents concerns relating to group homes. Once the community has a chance to air their concerns, city council can direct staff to forward a resolution of concern to the proper authorities, be it our state or national legislators, for their consideration. 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Will Y ■ Utllllll. a..s 11• -� -vasa• 7 i �r � tlnl•YnwI1111o11wr/�� i1AAr -� +1111►■�■ oa+ its ■ : 1■110 eua.sa■dp i • • • III.n1a�4 ~ He n ,,• City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. ... ... 64. .......... Public Hearing: Conditional Use Permit -Budget Towing -1291 Frost Avenue Date September 23, 2002 Time 7:00 P.M. Name (first & last) -please pint Address 1. 'IDo r oA-h �,-, a r-� \ e ,r 3 1-5 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. _ f. City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Public Hearing: Highwood Farm (Highwood Avenue East, Date September 23, 2002 Time 7:15 P.M. Name (first & last) -please pint 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14., Address fro %r !��v 9- 2 3 ez Cep � Launderville's Towing &Service, Inc. N.ST PAUL MN 55109 Phone(651)779-7085/(612)791-6101 Fax (651)770.7301 WE TBE UNDER SIGN: We realize that the. Launderville's having been responsible and are hard working individuals. They are considerate and helpful to their neighbors. It is the present of their extended family -that helps maintain a safe and open- neighborhood. We don't feel that the tow truck parking on Van Dyke St. creates a nuisance and that Ron Launderville should be able to park his work truck in there garage at night. WE are in favor of the, city granting them their CUP, ��� 11.2.. x /'`/� tc. /��j,�n S� . J1�e�i j �t 6csu Launderville's Towing &Service, Inc. N.ST PAUL MN 55109 Phone(651)779-7085/(612)791-6101 Fax (651) 770-7301 WE THE UNDER SIGN: . We realize that the Launderville's having been responsible and are hard working individuals. They are considerate and helpful to their neighbors. It is the present of their extended family that helps maintain a safe and open neighborhood. We don't feel that the tow truck parking on Van Tke St. creates a nuisance and that Ron Launderville should be able to park his work truck in there garage at night. WE are in favor of the city granting them their CUP. dew I�Y,Zo� bx- ty-a-C)Nn C ��w 1��L2�,ti 0/FJ�/ ��•exET N� �S ,�� ay��r 1 3 �.yE A/ Launderville's Towing &Service, Inc. N.ST PAUL MN 55109 Phone (651)779-7085/(612)79i-6101 Fax (651) 770-7301 VVE THE UNDER SIGN: We realize that the Launderville's having been responsible and are hard working individuals. They are considerate and helpful to their neighbors. It is the present of their extended family that helps maintain a safe and open neighborhood. We don't feel that the tow truck parking on Van Dyke St. creates a nuisance and that Ron Launderville should be able to park his work truck in there garage at night. WE are in favor of the city granting them their CUP. Alto.<— ar Olvv� - rN �- �fi tsr-a�-ssa 7 \ S LaundervUle's Towing &ervice, Inc. N.ST PAUL MN 55109 Phone (651) 779-1085! (612) 791-6101 Fax (651)770.73D1 WE THE UNDER. SIGN.* We realize that the Launderville's having been r pox�sibie and hard working individual and continue to do so. They are c� iderate and helpful to their neighbors. It is the present of their extended faififly that helps maintain a safe and open neighborhood. It is long term residents like them that help build Maplewood., We definitely stp.part the continuation of the (UP and their use of the Sandhurst right of way. l ........:.......:..... . �....-..._. vpz cai-o- - ,L{�'Z�A�espf/iLLes�zvi.�j �t--------------- ---a.� �ilea/erz .dr�.� - - -------------- -- i tp. .tee .�C.. - /� l�" Q i�.•r,�.<. ' `w 1. o e. -o r.// _ -0 ore zo -�.�.✓�►,� ���. �' % � r �;�,/! � � tom- ��s,• � �..--- �--"' r� .S� do r 44.*o4oVAoOP d�A ej,( //,C t? IV•w 0.1 .t :10 September 20, 2001 Ronald and �C-canie-, Launderville 219arfbyke Street ,,Maplewood, MN 55109 Together We Can Direct Dial Telephone No. (651) 7704563 Re: Conditional Use Permit and Right-or-WaY User Permit Dear Mr. and Mrs. Launderville: As -you are aware, the city council reviewedour conditional u '. Y use permit for the storage of a one -ton tow truck on residential property yat the July 9, 2001, city council meeting. During the city council meeting the unused Sandhurst Avenue' right-of-way was discussed. The discussion stemmed from our recent cons ' .. Y tlucti.�n of a chain link fence within the right-of-way. The city council directed you to renlov _ y 6 the fence. by July 31, r L'1 You have since complied with the citycouncil's direction • n to remove the chain link fence from the right-of-way. I appreciate our cooperation i n . that regard. However, upon inspection of your property,it goears r fiat the older h 6 -foot hl , g wood fenee� a, well as a. shed�..still remains on the right- f} 1 N ' " `} r y a ... s, ria N„r '� •. t�j t o � '� n3r{add tion, It appears that the ri ht-o`f wa is beiii used b g Y g y your property for the parkin of vehicles particularly g , p arly tow trucks. Enclosed find a copy of the User Permit issued to' you from the City of Maplewood for the use of the Sandhurst Avenue right-of-way. Th' • • is permit allows you to utilize the right- of-way for "access purposes” � Y p p to your property and d tha pe structures maybe I.�.�e�d.. onth„e...�, ht -of- .The permit Y • P further states that the city reserves the ri ht to end this agreement without cause upon 6 g p 0 days written notification to the user. Also enclosed find a copy of the original resolution g • on dated March 8, 1993, which approves your conditional use permit. The conditional pp onal use permit allows for the storage of only o�Y . one tow truck on your property at 2194 V g . p an Dyke Street. -• The City of Maplewood requests that. • s q you remove all structures from, the right-of-way, including the 6 -foot high privac fence and she y' • Y d, by no later than October 31, 2001. Also, the city requests that you comply with your approved conditional use permi t and ensure that only one tow truck be stored on our property, • Penia y p perty, and also comply with the User and ensure that no vehicles are parked in the right-of-way. In the event that the structures are not removed from the ri t-of-wa b • � y y October 31, 2001, the cit may be y y gin ..proceedings to end the User Agreement. Ss � • < r OFFICE OF COMMUNITY DEVELOPMENT It CITY 651 ., 770 - 4560 FAX: 651-748-3096 OF MAPLEWOOD 1 830 EAST. COUNTY ROAD Q M A oI rr.w,r%r%r �►AKI r-.r•,�,%., 0 ~/ July 16 2001 Harold J. Wilson 1877 County Road B East Maplewood, MN 55109 Re: Sandhurst Avenue Right -of -Way Dear Mr. Wilson: Direct Dial Telephone No. (651) 770-4563 Enclosed find a letter sent to you by the city's engineer dated October 4, 2000. This s letter requests that you remove the 4 -foot -high wire e mesh fence that is located to the rear of your property in the middle of the unused Sandhurst Avenue right-of-way. DUi'ling all inspection of the SalndllUl'St Avenue right-of-way two weeks ago, I found that your fence is still located within the right-of-way. A of your neighbor's fence (Connie and Ronald Launderville of 2194 Van Dyke Street) is also located within the right-of-way. Both'fences were discussed at the Jul ' - July 9, 2001, city council meeting Burin a yearly review of tine Laundervilles' conditional use g permit to stole a one -toil tow truck XWithin residential property (see enclosed staff report). •villes 3 0 da p rt). The, city council , ave,,_the. Launder s to remove the r Y engin o•tioll of thele fen' cerd� tyle right -of.- way ol•`skation andossible revocation p ation of their conditional use permit. Please be advised thatour fence must ust be removed by this date as well(August 9 2Coinsiderin the fact 001). Considering that your fence is an. old wire mesh fence the • within this timeline � .task of removing li: should not prove difficult. If you have an u regardingthis illatte • ---�--� y Y questions or concerns 1, please feel free to contact me at the above -re • telephone number, fel enced direct dial P Sincerely, �c�OVYVY� Shaiui Finwall Associate Planner Enclosures OF'F'ICE OF COMMUNITY DEVELOPMENT.. 651 770 - 4564 FAX: 651-770-450 CITY OF MAPL,EWOOD 6 1 830 EAST C of INTV Pn A n to IIA..... -._ ... ....`.__ TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION MEMORANDUM City Manager Shann Finwall, Associate Planner Conditional Use Permit Review Ronald and Connie Launderville 2194 Van Dyke Street July 2, 2001 The conditional use permit (CUP) for the storage of one heavy commercial vehicle to be stored on residential property at 2194 Van .Dyke Street is due for review (see maps on pages 4-5). This permit is for the Laundervilles to store a one -ton tow truck at their home. BACKGROUND January 28, 1991: The city council granted a CUP for the storage of two heavy commercial vehicles (one -ton tow trucks) in an R-1 (Single Dwelling Residential) zoning district as well as a related home occupation license to operate a towing business from a residential property. February 24, 1992: The city council reviewed the CUP and approved a right-of-way user permit (see permit on pages 6-7) to allow the Laundervilles to use the unimproved Sandhurst Avenue right-of-way for access to their property. November 1, 1992: The CUP and home occupation license expired. March 3, 1993: The city council granted a new CUP to allow the storage of one, one -ton tow truck in an R-1 (Single Dwelling Residential) zoning district, subject to the following conditions: 1. The tow truck shall be parked in the garage when it is on the property. 2. Mr. Launderville shall 22!,qore1Qwgd..yebiches on this site, unless he or his family owns the vehicles. 3. There shall be no outdoor storage of junk or inoperable vehicles or vehicle parts on the property. 4. There shall be no storage or repair of vehicles on the site except those owned b p y people living on the property. 5. There shall be no overnight parking of vehicles on Van Dyke Street (per city code). 6. The city council shall review this permit in one year to make sure that the conditions are being met. April 11, 1994; April 10, 1995; April 22, 1996; May 27, 1997; June 22, 1998: The city council reviewed the CUP and requested a review again in one year. DISCUSSION Towing Business Several years ago the Laundervilles relocated their towing business to 2285 N20-5-ententh.-Street in North St. Paul. Therefore, they no longer need the home occupation license. However, Mr. Launderville drives his one -ton tow truck (see picture on page 11) home for after hour's storage. Because of this Mr. Launderville still requires the CUP for the storage of a heav commercial vehicle on a residential property. 0 Y Tow Truck Storage Condition No. 1 of the CUP is that the tow truckust be parked inTthe.ra a when it is on th ...,,. __ g g e property. Condition No. 5 states that there shall be no Ove_rnight parkin of vehicles on Van Dyke g y Street. During routine inspections of the property the tow truck has been seenarked on Van Dyke Street the dr' p Y driveway, and on the adjacent unused Sandhurst Avenue right-of-way. When staff brought this to the Laundervilles' attention, they explained that Ronald Launderville, or his sons may come to the property during the day to have lunch or in between towing calls and will temporarily park their tow trucks in these locations. Sandhurst Avenue Right -of -Way An unrelated issue that the cit council should be aware of i ' Y s the Laundervill�,s construction of a fence within the unused Sandhurst Avenue right-of-way (see map on page 10 . The Laundervilles . g ) were issued a permit for an underground swimming pool in June of 2000. City code requires at least a 4 -foot high fence surround a swimming pool. To comply with this requirement, the q Laundervilles constructed a 6 -foot high privacy fence in the. back yard along the north property line; and a 6 -foot high chain link fence along the east property line that extends 30 feet into the Sandhurst Avenue right-of-way (see pictures on pages 12-15). This fence then extends down the center of the right-of-way on the south side of the property. Last fall the city's public work's department observed that the fence was laced within the right-of- way.. p The Laundervilles were informed by the public works department that thep ortion of fence within the right-of-way would have to be removed. On October 2, 2000, the Laundervilles submitted a formal request (see letter on page 8) to the city engineer to allow the fence to remain. In summary, the Laundervilles state that the right-of-way was being utilized as a hang out for . 9 g young people. With the construction of the fence, as well as the Laundervilles removal of much of the underbrush in the 30 feet of right-of-way adjacent theirro ert , that type of activity p p Y Yp y e nded. They state that the right-of-way serves no access or utilitypurpose and therefore the location ocati p p on of the fence is not hindering any type of public work's activity. Further, the Laundervillesoint out ut that two of their neighbors to the south have fences located in the center of the wa -of- ri ht as well. right-of-way After review of the Laundervilles' request by the city engineer, a letter was submitted to allro p pertY owners adjacent the right-of-way (see city letters on page 9).: In summa the letter states that fences must i rY, at all . e_ atJey-�e removed from the unused Sandhurst Avenue right -of, -way. To date, one neighbor has removed their fence entire) and the Laundervilles have e removed a portion of their fence from the right-of-way. The portion removed has been replaced high temporary fen , p with a 4 -foot g p . ry . fence that is placed along their south property line. The portion of the fence still remaining in the right-of-way is adjacent to an old existing, 4 -foot -high wire fence also located ht -of- ' g ed in the center of the ri g way, adjacent to the rear yard of 1877 County Road B. The Laundervilles state the failure of this property owner to remove their fence as a reason not to remove the remainder of their fence. In the past the Laundervilles have attempted to gain support for the vacation of . The were pp this right-of-way. They unsuccessful in obtaining all the adjacent property owners signatures, which is required by city code. The Laundervilles would still like t q o see the vacation of the right-of-way, which would Launderville CUP Review - 2 July 2 2001 D ...—MAPLEW00 October 4, 2000 Pv�e. �e, ea Harold J. wilson .1877,0johty-Toad B.'E.'.-: Maplieftod,'Minnesota 55109-,2'7Q1`.--'- • TG H RJ, TrOF-WAY ENCROACHMINT SANDHURS serve, Duting.o* recent -field, VWL th' -W''lewo6d PublicWorks.06partme6t, O'b Ahat'fOnc P..d es and. e S other.00jetts frorn a number'of pro' ettles, have'.been piked, witli`n thdmnusid. a 4''urst. right 0. h of-�Wavql 40 This.is"written.-ridtide t6 all residents livin'g ad 0 1realhat, it is yoUr responsibilit jacent t 'this c. to: t.w 4. know whe'royQur. pro pe4y. line -iS'IodAt'0d,, dr to have an official l6t- survey coin pladed to •define" your. property lihes' Z not place anyt..hn unused ing..such"a s* 10tices,­ sheds or on...ttie sed right-'0- f4;ay. not cut or remove. -any living trees from the right -of -W' •4.'-k immediately 'remove any objects -that have beun lacedo •ttie Sandhurst • i ht-of� way. prope. y ssary ...The. unused SaNhurst right-of-7way is. "Public" •p•roperty not "private rt It is nece that 8ccessability,00. maintained to pro.* t*e'ct 'the public's . interests. If all affected property owners are. in agreement that they will not require this right-of-way for future: access; then the right -of-' way c6rf_ be vacated. Please contact the Maplewood-Community'Developm.'eht Department. at 770-4560 if you have* questions regardihg right-of-way va'cation'. If you have any questions, feel free to contact me at 770--4554 or Lance Lu'ridste'n at -.770-4553. CHRISTOPHER M. GAVETT, P.E. ACTING' CITY ENGINEER C: Larice Lundsten, • Melinda Coleman, Hous'e files for: Acting Public Works Director Community pevelopnient Director 2182 VanDyke St. 2194 VanDykci St. e 1861 County Road B 1863 County Road B 1877'County Road 6 DEPARTMENT OF PUBLIC' WORKS 651-770-4550 CITY OF MAPLEWOOD 1830 EAST COUNTY ROAD B MAPLEWOOD9 MN 55109