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2003 07-22 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 70-00 P.M. Tuesday, July 22, 2003 Council Chambers, Municipal Building Meeting No. 03 -16 A. CALL TO ORDER Be PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES I. Minutes from the July 14, 2003 City Council /Manager Workshop 2. Minutes from the July 14, 2003 City Council "Meeting 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 24. SuperAmerica -3.2 Off -Sale Beer License 3. Make -A -Wish Foundation - Temporary Gambling Resolution 4. Maplewood Athletic Association -Food Permit Fee Waiver 5. Minnesota Waldorf School- Temporary Gambling Resolution 6. Conditional Use Permit Review- Bruentrup Farm (2170 County Road D) 7. Conditional Use Permit Review -Hmong Alliance Church (1770 McMenemy Street) 8. Conditional Use Permit Review - Over -sized Accessory Structure (1481 Henry Lane) 9. Conditional Use Permit Review- Goodrich Golf Course Clubhouse (1820 Van Dyke Street) H. PUBLIC HEARINGS 1. 7:00 p.m. Liberty Classical Academy Conditional Use Permit (1717 English Street) I. AWARD OF BIDS 1. Lockers for Maplewood Community Center 2. Cured -in -Place Pipe, Project 03 -25; Resolution for Award of Bid J. UNFINISHED BUSINESS 1. 2:00 a.m. Bar Closing K. NEW BUSINESS I . Edgerton/Roselawn Area Drainage Im rov _ g p ements, Project 03 27- Resolution Ordering. Preparation of Feasibility Study 2. County Road D Realignment Improvements, Projects - - p � 02 07, 02 08, Re_ solution Accepting Report and Calling for Public Hearing g 3. Legacy Parkway, Kennard to Southlawn, Project 03- 26- Resoluti ' J on Accepting Report and Calling for Public Hearing . 4. Public Purpose Expenditure Policy L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. T service must be made at least 96 hours in advance. P g p q . he request for this Please call the City Clerk's Office at (651) 770 -4523 to make. arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing _ p �y pp ng at Council Meetings elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and and e stood an a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone wi ollow the listen to one an �' will follow se principles. Show respect for each other, actively other, keep emotions an check and use respectful language. AGENDA- ITEM NO Oft J MINUTES CITY COUNCIUMANAGER WORKSHOP Monday, July 14, 2003 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C. 0 Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmemb Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present Others Present: City Manager Fursman Assistant Community Development Director Ekstrand City Clerk Guilfoile Duane Konewko, Environmental Health Officer APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Wasiluk Ayes-All NEW BUSINESS I. Review and Discussion of Recycling and Solid Waste Programs Action by Council Date Endorsed Modified Rejected Environmental Health Officer Konewko was present to: 1) Engage in a discussion regarding the recycling and solid waste programs 2) Explore the possibility of forming an environmental committee to bring projects through 3) Discuss strategies for code enforcement Mayor Cardinal moved to form an advisory committee for the Cit Council com ris citizens, v p ed of citizens, public officials and technical su ort eo le who would discuss issues and provide reco . p mm endations to the cit council. The council will assist in - providing framework for the committee. Seconded by Councilmember Juenemann Ayes-All City Council/Manager Workshop 07 -14 -03 2. Medical Clinic - Associate Planner Shann Finwa 11 will provide a written memo to the council regarding her findings. E. FUTURE TOPICS 1. Sidewalk Study- Overall City lan -Fall 2 y 003 2. Meeting with School District 623-August/September F. ADJOURNMENT Councilmember Collins moved to ad'ourn at 6:58 mm. Seconded by Councilmember Juenem Ayes- All Ayes All City Council/Manager Workshop 07 -14 -03 2 A. Be Co AGENDA 'NO DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL Action by Council 7:00 P.M. Monday, July 14, 2003 Council Chambers, Municipal Building Date Meeting No. 03 -14 Endorsed CALL TO ORDER: Modified Rejected A meeting of the City Council was held in the Council Chambers, at the Municipal Building, p g� was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES I . Minutes from the City Council/Manager Workshop June 23, 2003 Councilmember Wasiluk m oved to aDprove the Council/Manager Worksho Minutes of June 23 2001 as presented. Seconded by Councilmember Collins Ayes-All 2. Minutes from the City Council Meeting Councilmember Juenemann moved to anDrove the City Council Meeting Minutes of June 23 2003 as amended. Seconded by Councilmember Koppen Ayes-All E. APPROVAL OF AGENDA M I. National Night Out M2. Met Council M3. Emergency Management Passing M4. NEST N1. July 22 City Council Meeting Councilmember Wasiluk moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All Citv Council 07 -14 -03 1 F. APPOINTMENTS /PRESENTATIONS 1. Nomination for Emergency Management Director a. City Manager Fursman presented the report. b. Mayor Cardinal presented specifics from the report. Councilmember Koppen moved to appoint Bob Dollerschell as the Emergency Management Director with this position falling under the Fire Department. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmember Koppen Nays - Councilmembers Collins, Juenemann, and Wasiluk Councilmember Koppen asked City Attorney Kelly if it would be appropriate to make a motion to appoint Fire Chief Lukin as Emergency Management Director. City Attorney Kelly responded that Mayor Cardinal is in charge of nominating the individual, and then the council ratifies the nomination. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAVART .F. $73,700.65 Checks #61193 thru #61240 dated 6/24/03 $1,171,760.68 Disbursements via debits to checking account $420,881.28 dated 6/13 thru 6/19/03 $16,330.58 Checks #61241 thru #61243 dated 6/25 thru $24,466.07 6/27/03 $180,137.46 Checks #61244 thru #61295 dated 7/1/03 $251,389.72 Disbursements via debits to checking account dated 6/20 thru 6/26/03 $241,788.24 Checks #61296 thru #61346 dated 7/8/03 $75,058.64 Disbursements via debits to checking account dated 6/27 thru 7/2/03 $2.,010,165.97 Total Accounts Payable PAYROLL $420,881.28 Payroll Checks and Direct Deposits dated 6/20/03 $24,466.07 Payroll Deduction checks #93968 thru #93973 dated 6/20/03 $423,850.36 Payroll Checks and Direct Deposits dated 7/3/03 $6,422.82 Payroll Deduction checks #94114 thru #94120 dated 7/3/03 Citv Council 07 -14 -03 2 $875,620.53 Total Payroll $ GRAND TOTAL 2. City Clerk Department — Postage Machine Purchase Approved the transfer of $15,480.00 from the contingency account to the City Clerk Department for the purchase of a postage machine. 3. Temporary Gambling — Hill Murray School Adopted the following resolution approved the temporary gambling license to be used on October 3, 2003 for Chris Gargaro on behalf of Hill Murray School, 2625 Larpenteur: RESOLUTION 03 -07 -125 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Hill Murray School, 2625 Larpenteur Avenue East, 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. Safe and Sober Grant Resolution Adopted the following resolution to enable the Maplewood Police Department to participate in the Safe and Sober Program for 2003 -2004: RESOLUTION 03 -07 -121 AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Maplewood Police Department enter into a grant agreement with the Minnesota department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period form October 1, 2003 through September 30, 2004. The Chief of Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Maplewood Police Department and to be the fiscal agent and administer the grant. 5. Dearborn Meadow Final Plat (Castle Avenue) Citv Council 07 -14 -03 Approved the Dearborn Meadow final plat that would create six lots for town houses in the first phase of the project and would be on Castle Place, south of Castle Avenue. 6. Schroeder Milk Financing Plan Revision (2080 Rice Street) Adopted the following resolution authorizing the proposed changes to the existing development and financing agreement between Schroeder Milk (2080 Rice Street) and the City of Maplewood: RESOLUTION 03 -07 -122 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City ") and Schroeder Milk Co. (the "Developer ") have entered into a Development Agreement, dated as of August 27, 2001 (the "Development Agreement ") in connection with the construction of an approximately 55,000 square foot expansion of the Developer's existing manufacturing facility in the City; B. WHEREAS, both the Developer and the City intended that the jobs required to be created under the City's business subsidy policy have an average wage of $15 per hour with skilled positions paid at a higher wage and unskilled positions paid at a lower wage; and C. WHEREAS, both the Developer and the City intended that the benefit date for business subsidy be designated as the date the Project was completed as provided by the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995; and D. WHEREAS, the Developer and the City have determined that modifications to the business subsidy provisions in the Development Agreement are necessary to reflect these intentions; and E. WHEREAS, the City and the Developer wish to amend the Development Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: The City Council hereby approves the First Amendment to Development Agreement in substantially the form submitted, and the Mayor and City Clerk are hereb y authorized and directed to execute the First Amendment to Development Agreement on behalf of the City. 7. Home Occupation License Review — 2492 Highwood Avenue (Cullen) Renewed the home occupation license for Jerianne Cullen and Doua Lee to operate a sewing business from their barn on their residential property at 2492 Highwood Avenue. 8. Temporary Off -Site Gambling Resolution - Maplewood Athletic Association Adopted the following resolution granting a temporary gambling license to conduct a raffle to raise funds for Robert Kelly at Midway Stadium in St. Paul on August 17, 2003: Citv Council 07 -14 -03 4 RESOLUTION 03 -07 -126 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Maplewood Athletic Association. 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. Councilmember Juenemann moved to approve the consent agenda items as presented. Seconded by Councilmember Koppen Ayes -All H. PUBLIC HEARINGS 1. 7:20 P.M. Woodlynn Pond Twin Homes (County Road D, east of Ariel Street) Wetland Buffer Variance Conditional Use Permit for Planned Unit Development Preliminary Plat Design Approval a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Commissioner Pearson presented the Planning Commission Report. d. Boardmember Longrie -Kline presented the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Erin Mathern, the applicant, Mendota Homes, Inc. f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a wetland buffer variance for the Woodlyn Ponds Twin Homes: RESOLUTION 03 -07 -123 VARIANCE RESOLUTION Citv Council 07 -14 -03 WHEREAS, Mendota Homes, Inc. has applied for a variance from the wetland buffer requirements of the zoning ordinance. is: WHEREAS, this variance applies to the property at 2090 County Road D East. The legal description TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY WHEREAS, Section 36- 196(h)(3) of the wetland protection ordinance requires a 25- foot -wide wetland buffer around the three existing Class 4 wetlands on this property. WHEREAS, the applicant is proposing to remove these wetlands and mitigate them with a better quality, larger wetland. WHEREAS, the history of this variance is as follows: 1. On June 16, 2003, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on July 22, 2003. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: 1. The variance will be in keeping with the spirit and intent of the ordinance since the applicant will replace three small, poorer - quality wetlands with a larger, better - quality wetland. 2. Strict enforcement of the code, by requiring the preservation of the existing wetlands, would not result in the best use and layout of the property and would, therefore, cause undue hardship. The three subj ect wetlands are not of a nature that they would be an asset to the site for either water retention or wildlife habitat. In this instance, it is an advantage to the developer, as well as the city, to create a useable and aesthetic wetland in lieu of the existing ones. Approval is conditioned upon the applicant doing the following: a. Revise the site plan to provide a wetland - protection buffer around the proposed wetland. This buffer must be an average of 25 feet wide with a minimum width of 20 feet. b. Dedicate a wetland buffer easement to the City of Maplewood prior to obtaining a grading permit for the project. c. Install wetland - protection buffer signs around the buffer before the first unit is occupied which states, "WETLAND BUFFER AREA —DO NOT MOW, CUT, DUMP, DISTURB BEYOND THIS POINT —CITY OF MAPLEWOOD." These signs shall be installed not more than 100 feet apart. Citv Council 07 -14 -03 d. Provide a planting plan for the wetland buffer to be approved by the watershed district. This plan shall consist of a proposal to plant the buffer with native wetland vegetation. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for the Woodlyn Ponds Twin Homes: RESOLUTION 03 -07 -124 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mendota Homes, Inc. applied for a conditional use permit for a planned unit development to construct the 26 -unit Woodlyn Ponds Twin Home development. WHEREAS, Section 36- 438(b) of the city code provides a means to allow flexibility in design by the planned unit development process. WHEREAS, this permit applies to the property at 2090 County Road D East. The legal description is: TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On June 16, 2003, the planning commission recommended that the city council approve this permit. 2. On July 22, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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 Citv Council 07 -14 -03 fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped May 20, 2003. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a noise evaluation for this site to determine if freeway noise would impact their proposed units above the maximum noise levels required by the MnPCA. If freeway noise does exceed these levels, the applicant shall reduce the outside noise within the units. 5. The homeowners association documents shall state that the visitor parking lot shall be kept open for visitor parking and shall not be a storage area for RVs, trailers, campers and the like. 6. The applicant shall post the north -south private roadway for no parking on both sides. 7. The applicant shall make buyers aware, by a statement in the homeowners association documentation hat the city will periodically burn the prairie grass on the abutting Maplewood Open space property. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to adopt the preliminary plat for the Woodlyn Ponds Twin Homes. The developer shall complete the following before the city council approves the final lat: 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. Pay the city for the cost of traffic- control, street identification and no- parking signs. c. Provide all required and necessary easements, including ten -foot drainage and utility easements around the perimeter of the property, the wetland buffer easement and the 10 -foot pedestrian easement along the north of the property. d. Cap and seal any wells on site. Citv Council 07 -14 -03 e. Have Xcel Energy install street lights. The exact location and type of light shall be subject to the city engineer's approval. f. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. g. Install survey monuments along the wetland boundaries. 2. *Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all, the conditions and changes listed in the Engineering Plan Review memo dated June 6, 2003. 3. Paying for costs related to the engineering department's review of the construction plans. This escrow amount is $1,000. 4. Label the common areas as "lots" instead of "outlots." 5. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. Also obtain MnPCA and NPEDS (National Pollution Elimination Discharge System) permits. 6. 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. 7. Submitting 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 private utilities, driveways and common areas. The applicant shall submit these prior to obtaining a building permit. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to approve the architectural and site plans date - stamped July 1, 2003, and landscape plans date - stamped May 20, 2003 for the Woodlyn Ponds Twin Homes: Approval is subject to the developer complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading permit: a. Have the city engineer approve final engineering plans, subject to compliance with the Maplewood Engineering Plan Review dated June 6, 2003 from the staff report. This data shall be considered an addendum to these conditions. Citv Council 07 -14 -03 b. Dedicate a 25 -foot (average width) wetland- protection buffer easement to the City of Maplewood around the proposed wetland. This buffer may narrow to 20 feet. c. Provide a revised landscape plan for the wetland - protection buffer for approval by the Ramsey - Washington Metro Watershed District and the city engineer. This plan shall also include a defined edge to delineate the lot line between the open space prairie and the applicant's property. This edge shall be created by the installation of a decorative split -rail fence or a tree /shrub line in addition to the proposed retaining walls. If plantings are proposed, they shall be of a non - invasive species an shall be subject to staff approval. d. Provide written approval from Xcel for any deck encroachment into their easement. e. Provide engineering data for the retaining wall if the height would exceed four feet. 2. Complete the following before the city issues a building permit: a. Provide revised north building elevations for the townhouses adjacent County Road D to include a brick wainscot or other brick enhancement. This is subject to staff approval. b. Install wetland - protection buffer signs around the wetland buffer edge which states, "WETLAND BUFFER AREA —DO NOT MOW, CUT, DUMP, DISTURB BEYOND THIS POINT —CITY OF MAPLEWOOD." These signs shall be installed not more than 100 feet apart. c. The north -south private roadway shall have continuous concrete curb and gutter. This roadway shall be 24 feet wide and be posted for "no parking" on both sides. d. The 18.5 -foot east driveway in front of Lots 5 & 6 by Woodlyn Avenue shall be kept free of snow and poste for "no parking ". e. Submit alawn- irrigation plan to staff showing the location of sprinkler heads. (code requirement) f. Submit a certificate of survey for all new construction. g. Get the necessary approvals and permits from the watershed district. h. Provide the city with verification that the units will meet all state noise standards. This shall be with a study, testing or other documentation. If the noise levels on this site violate any of the state standards, then the contractor will have to construct the building so that it can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the building. i. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 4. Relocate the bituminous trail to the south to widen the boulevard and to align the Citv Council 07 -14 -03 10 trail awa from the street edge. 5. Complete the following: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. C. Install a reflectorized stop sign at County Road D. d. Install and maintain an in- ground sprinkler system for all landscaped areas. e. Install streetlights at the County Road D roadway connection, at the end of the private roadway by the visitor parking lot and at the Woodlyn Avenue driveway connection. f. Remove the old barbed wire fencing around the perimeter of the site. g. The landscape islands located between the town houses, in the driveways, on the July 1, 2003, site plan are optional for the developer. h. Install a sidewalk along the Woodlyn Avenue frontage as required in the assistant city engineer's report. 6. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 7. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Mayor Cardinal Ayes -All 2. 7:55 P.M. Zoning Map Change — R -1 to LBC (1955 McMenemy Street) (St. Paul Area Association of Realtors) (4 votes) a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Commissioner Pearson presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Brian Strube, the applicant, St. Paul Area Association of Realtors Robert Rafferty, Rafferty, Rafferty, Tollefson Architects Keith Holmes, President of the St. Paul Area Association of Realtors Herb Toenjes, 1950 Hawthorne Avenue, St. Paul Janet Johnson, 1961 McMenemy, Maplewood Citv Council 07 -14 -03 11 Mark Johnson, 1961 McMenemy, Maplewood Robert Rafferty, Rafferty, Rafferty, Tollefson Architects (second appearance) Keith Holmes, President of the St. Paul Area Association of Realtors (second appearance) e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approving a zoning map change for 1955 McMenemy Street from single - dwelling residential (R -1) to limited business commercial (LBQ: RESOLUTION 03 -07 -127 ZONING MAP CHANGE RESOLUTION WHEREAS, the St. Paul Area Association of Realtors has requested a change to the city's zoning map from single - dwelling residential (R -1) to limited business commercial (LBC). WHEREAS, this change applies to 1955 McMenemy Street, Maplewood, Minnesota. WHEREAS, the legal description of the property is: East 223 feet of the N 405 feet of the SE quarter of the SE quarter of the NE quarter of Sec. 18, TWN 29, Range 22, except N 270 feet thereof, according to the United States Government Survey thereof, Ramsey County, Minnesota WHEREAS, the history of this change is as follows: 1. On June 16, 2003, the planning commission recommended that the city council approve the rezoning change. 2. On July 14, 2003, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where 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. Citv Council 07 -14 -03 12 Seconded by Councilmember Collins Ayes -All 3. 8:27 P.M. Legacy Village PUD (County Road D and Southlawn Drive) Comprehensive Plan Amendment (4 Votes) Conditional Use Permit for Planned Unit Development Preliminary Plat Tax Abatement Plan a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Phil Carlson, of Dahlgren, Shardlow and Uban, a planning consultant for the city provided further specifics of the project. d. Commissioner Pearson presented the Planning Commission Report. e. William Griffith, attorney for the Hartford Group presented further details. f. Paul Steinman, Vice President of Springsted, spoke on the abatement analysis for the project. 9:33 p.m. A three- minute break was taken. g. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Peterson, 3016 Hazelwood Street North, Maplewood George Supan, 3050 Hazelwood Street North, Maplewood Kevin Berglund, 1929 Kingston Avenue East, Maplewood Bill Griffith, attorney for Hartford Group h. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approving a comprehensive land use plan amendment for the proposed Legacy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street: RESOLUTION 03 -07 -128 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Hartford Group Inc. applied for a change to the city's land use plan from BC (business commercial) to R -3H (high density residential) and P (park). WHEREAS, this change applies to the property located on the south side of County Road D between Southlawn Drive and Hazelwood Street. The legal description is: Dorle Park, Lots 1 -8, 14 15, 18 29 -36, Block 2 and Except the West 10 acres, the North %2 of the Northeast 1 /4 in Section 3, Township 29, Range 22 (Subject to roads and easements). Citv Council 07 -14 -03 13 WHEREAS, the history of this change is as follows: 1. On June 2, 2003, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission tabled action on this proposal since the applicant was in the process of revising their plans. 2. On July 7, 2003, the planning commission continued discussion of this proposal and recommended that the city council approve this land use plan change. 3. On July 14, 2003, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described changes since they would be consistent with the comprehensive plan's goals and policies such as: 1. This project would promote economic development that will expand the property tax base, increase jobs and provide desirable services. 2. It would provide a wide variety of housing types. 3. It would integrate development with open space areas, community facilities and significant natural features. 4. Adequate services would be provided such as for streets, utilities, drainage, parks and open space. 5. This project would provide attractive surroundings at which to shop, work and live. The land use plan changes described in this resolution refer to the following segments of the Legacy Village development as shown on their preliminary plat for this project: The following parcels on the Preliminary Plat would be changed to Park. a. Outlot F — public park; and b. Outlot I — public park. All other parcels on the Preliminary Plat except those noted above as Park or remaining BC would change to R -3H High Density Residential: c. Lot 1, Block 1 — rental townhomes, except for the office suites /clubhouse site; d. Lot 1, Block 2 — rental townhomes; e. Lot 1, Block 3 — senior assisted living; f. Outlot B — multi - family; and g. Outlot H — for -sale townhomes; Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays - Councilmember Koppen Citv Council 07 -14 -03 14 Councilmember Wasiluk moved to adopt the following resolution approving a conditional use permit for the proposed Legacy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street: RESOLUTION 03 -07 -129 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Hartford Group, Inc. applied for a conditional use permit for a planned unit development to develop a multi -use development called Legacy Village. WHEREAS, this permit applies to the property located on the south side of County Road D between Southlawn Drive and Hazelwood Street. The legal description is: Dorle Park, Lots 1 -8, 14, 15, 18, 29 -36, Block 2 and Except the West 10 acres, the North 1 /2 of the Northeast 1 /4 in Section 3, Township 29, Range 22 (Subject to roads and easements). WHEREAS, the history of this conditional use permit is as follows: 1. On July 7, 2003 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on July 14, 2003. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit 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. Citv Council 07 -14 -03 15 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to these code requirements: • All construction shall follow the site plan that the city stamped June 12, 2003. The Director of Community Development may approve minor changes. • The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. • The city council shall review this permit in one year. Approval is also subject to the following conditions: 1) Rental Townhomes and Office /Clubhouse: a. The project will be constructed according to the plans from Hartford Group dated 6/2/03 in all details, except as specifically modified by these conditions; b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office /clubhouse parking lot and townhome buildings 11 and 12; c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite townhome buildings 6 and 8; d. The sidewalks serving the fronts of townhome buildings 13, 16, 17, 18, 19, and 20 will be extended south to connect with the power line trail; e. Street B and Street C serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi- family and commercial parcels to the east; f. Parking spaces will be provided at the ends of the driveways at the rear of buildings 1, 2, 3 and 4; 15/16; 19/20; 21/22; and 25/26, and sidewalks will be provided from those Citv Council 07 -14 -03 16 parking spaces connecting to the front sidewalks of each of those buildings; g. The infiltration trenches on the south sides of buildings 13/14, 15/16, and 19/20 will be modified to accommodate a revised alignment for the power line trail, provided that reasonable grades are provided for the trail and any sidewalks connecting to it, and approval of the city engineer concerning the size and function of the trenches; h. A 6' -wide sidewalk should be provided if at all possible on the south side of County Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive, through continued discussion between the city and Hartford, focusing on exact sidewalk width, location, and right -of -way needs for turn lanes and other features of the County Road D project; i. A sidewalk will be provided on the south side of County Road D and sidewalks will be provided out to that sidewalk from the north side of buildings 1, 4, 21, 22, 23, 24, and 25, as well as to the clubhouse front entry and the clubhouse parking lot; j. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope; k. Overstory trees will be planted along both sides of Street A at an average of 30' -40' on center instead of the average 70' spacing shown on the plans; 1. Overstory trees will be planted along both sides of Street B and on the west side of Street C at an average of 30'-40' on center instead of the sometimes 100' spacing shown on the plans, such additional tree islands to be coordinated with modified parking bays that might be added to this street; m. Overstory trees will be planted along both sides of Kennard Street in front of the townhomes at an average of 30' -40' on center instead of the average 50' -80' spacing shown on the plans; n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as much as possible to limit headlights aimed into the front of the units; o. Front building setbacks (clubhouse and buildings 1, 4, 5, 14, 15, 21, 22, 23, 24, 25, and 26) to Hazelwood Drive, Kennard Street, and County Road D that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5' for the clubhouse and 15' for the townhome buildings, in order to enhance the urban character of the streets and intersections; p. Side yard building setbacks for all buildings that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan; q. Visitor parking spaces for the rental townhomes will be added or modified as follows: i. Parking spaces will be added so there is a total of at least 48 spaces on the west side of Kennard and at least 51 spaces on the east side of Kennard, such that the front door of no unit is more than 200 feet from a group of at least 5 spaces. ii. Street A will be widened to 26' curb -to -curb and on- street parallel parking will be Citv Council 07 -14 -03 17 added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. iii. The private drive immediately south of buildings 2 and 3 will be widened to 26' curb -to -curb and on- street parallel parking will be added along the north side of the drive. iv. Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. v. Parking areas will be added behind buildings 15/16, 19/20, 21/22, and 25/26 to meet the parking and distance criteria cited here. vi. Street B will be widened to 26' curb -to -curb and parallel parking will be added along the north and west sides of the street, or additional angled parking will be added to meet the criteria for parking spaces cited here. r. The parking lot for the clubhouse /office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans; s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 2) Senior Assisted Living: a. Front building setbacks to Kennard Street and Legacy Parkway that are less than required by the Zoning Code are specifically .approved within this PUD as shown on the site plan, down to a minimum of 5', in order to enhance the urban character of the streets and intersection; b. Emergency exits — two fronting Kennard Street and one fronting Legacy Parkway — will provide sidewalk connections to the sidewalks on the street; c. A sidewalk connection will be provided near the south side of the building connecting Kennard Street to the path around the pond to the east; d. The entry at the far south end of the building will provide a sidewalk connection to the sidewalk noted above; e. The emergency exit on the southwest face of the building near the south end of the building will provide a sidewalk connection to the sidewalk noted above; f. The emergency exit on the south face of the northeastern leg of the building will provide Citv Council 07 -14 -03 18 a sidewalk connection south to the sidewalk abutting the parking lot; g. Overstory trees will be planted along the east side of Kennard Street and the south side of Legacy Parkway at an average of 30'-40' on center instead of the average 80' -100' spacing shown on the plans; h. Revise the site plan to show proof -of- parking to reduce the amount of surface parking. 3) Multi - Family Site (Outlot B): a. The multi - family site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use of the property is allowed as long as the provisions of the R -3A or R -3B zoning district (depending on the building size) and conditions outlined here are met; b. The multi - family site is approved for up to 50 units of housing; c. A building corner should be within 30' of the curb on the roundabout to maintain the character of the intersection; d. The building or buildings must be designed to continue the general pattern and sight lines of the townhomes to the west; e. Sidewalk connections must be provided to the power line trail on the south side of the parcel; f. Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any unit if townhomes are built, or the front entry of the apartment building if apartments are built; g. A play area or tot lot must be provided on site with easy access to the building entries and to the power line trail, within reasonable sight of as many of the units as possible; h. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; i. Overstory trees must be planted along the north side of the extension of Street B at an average of 30' -40' on center; j . An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 4) Retail/Commercial (Outlot A): a. The retail /commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building(s) on the retail/commercial site should be sited on the north side of the parcel within 15' of the County Road Dright -of -way with all parking to the south; Citv Council 07 -14 -03 19 c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; e. Access to the site will be off the east leg of the roundabout and another access drive off Street C between the roundabout and County Road D; and to County Road D at a shared driveway with the adjacent furniture store site; f. All ground- mounted and roof - mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the south side of the extension of Street B at an average of 30'40' on center. h. Adequate separation, buffering and screening must be provided for the multi - family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building; 5) Furniture Store (Outlot C): a. The furniture store is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building should be sited on the north side of the parcel within 15' of the County Road D and Southlawn Drive rights -of -way with all parking to the south. The design of the corner of the building should be such that reasonable and safe sight distances are maintained at County Road D and Southlawn; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; e. Access to the site will be off the extension of the east leg of the roundabout, to County Road D at a shared driveway with the adjacent retail /commercial site and up to two driveway accesses to Southlawn Drive at points to be approved by the city engineer; f. All ground- mounted and roof - mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the west side of Southlawn Drive at an average of 30' -40' on center. Citv Council 07 -14 -03 20 h. Adequate separation, buffering and screening must be provided for the multi- family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building. 6) Commercial Site (Outlot D): a. The commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. One of the buildings on the commercial site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Southlawn Drive right -of -way; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted - living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground- mounted and roof - mounted mechanical equipment shall be screened according to ordinance; g. The parking lot on this site must provide through connections and cross parking easements with the parcel to the south (Outlot E); h. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Southlawn Drive, the path around the pond to the west, and to Outlot E. Such sidewalks must be separated from the parking lot — at curb level, not parking lot level; i. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; j . Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30'-40' on center. k. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 7) Restaurant Site (Outlot E): a. The restaurant site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The applicant shall submit a comprehensive sign plan. One criteria to be established, Citv Council 07 -14 -03 21 however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; c. The architectural character and exterior building materials must be in keeping with the nearby senior assisted - living building, townhomes and other buildings if present; d. Access to the site will be off a shared driveway with the shopping center property to the south, provided easements and agreements can be reached with that property owner to provide such access. Access will be provided onto Southlawn if approved by the city engineer; e. All ground- mounted and roof - mounted mechanical equipment shall be screened according to the ordinance; f. The parking lot on this site must provide through connections and cross parking easements with the parcel to the north (Outlot D); g. There must be a sidewalk on the south side of the site connecting Southlawn Drive with the trail around the ponding area to the west. There must also be sidewalks connecting the building entry to the shared driveway on the south side, Southlawn Drive, and to Outlot D. Such sidewalks must be separated from the parking lot — at curb level, not parking lot level; h. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; i. Overstory trees must be planted along the west side of Southlawn Drive and the north side of the driveway access on the south side of the site at an average of 30'40' on center. 8) Corporate /Commercial Site (Outlot G): a. The corporate /commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, within 15' of both rights -of -way, to maintain the character of the intersection, with parking to the north and east of the building; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted - living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and Kennard Street. The driveway access to Kennard Street at the northwest corner of the site may move north if needed for the realignment of the power line trail and to align with the driveway entrance to the park on Citv Council 07 -14 -03 22 the west side of Kennard; f. All ground- mounted and roof - mounted mechanical equipment shall be screened according to ordinance; g. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Kennard Street, and through the parking lot to the power line trail; h. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; i. Overstory trees must be planted along the east side of Kennard Street and the north side of Legacy Parkway at an average of 30'40' on center. j . Adequate separation, buffering and screening must be provided for the multi - family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building. 9) For -Sale Townhomes (Outlot H): a. The for -sale townhome site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the R -3 C zoning district and conditions outlined here are met; b. Townhome buildings must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, and close to Kennard Street, within 20' of both rights -of -way, to maintain the character of the intersection and the streetscape; c. The architectural character and exterior building materials must be in keeping with the nearby senior assisted - living building, townhomes and other buildings in the development; d. Access to the site will be off the west leg of the roundabout at Legacy Parkway and Kennard Street, plus another access to Kennard Street further south, most likely in a loop street through the site. If the properties west of Outlot H fronting Hazelwood Drive are likely to develop when Outlot H is proposed for development, then consideration will be given to a public through street connecting Kennard Street and Hazelwood Drive as an extension of Legacy Parkway; e. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Kennard Street, and the park and power ,line trail to the north. Such sidewalks must be designed within a clear system of open spaces and landscaping that serves all units more or less equally; f. Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any townhouse unit; g. Overstory trees must be planted along the west side of Kennard Street and along both sides of the major internal street(s) at an average of 30' -40' on center. Citv Council 07 -14 -03 23 10) Public Park with Trail (Outlot F): a. The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum (attached). b. Hartford will construct all the grading, ponding, and trails noted on the plans; c. Hartford will secure all necessary easements and agreements with the shopping center property owner to the south for grading and construction of the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. 11) Public Park (Outlot 1): a. The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum (attached). b. Hartford will construct all the grading, play fields, equipment, and parking noted on the plans or as negotiated with the city; c. The power line trail will be realigned to cross Kennard Street further north to accommodate sidewalk connections to the townhomes to the north; d. Sidewalk connections will be provided in several locations to the power line trail in reasonable locations to connect all major activity areas with the trail; e. Sidewalk connections will be provided in appropriate locations to the sidewalk and green space system of the townhome development to the south, at such time as that development is planned or in place; f. Hartford will secure easements and agreements with the property owner to the south for the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted - living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. 12) The Legacy Village site as a whole: a. The applicant shall dedicate wetland- protection buffers around each wetland within this development. The width of each buffer shall be according to each wetlands classification as determined by the Ramsey - Washington Metro Watershed District. These buffers shall be dedicated to the City of Maplewood and shall be dedicated to the city prior to the issuance of the first building permit for this development. b. The applicant shall install wetland - protection buffer signs around each wetland buffer. These signs shall state "there shall be no mowing, cutting, filling or dumping beyond this ON Council 07 -14 -03 24 point." c. The community design review board shall review the landscape plans using the criteria herein as a guide. d. The architectural plans for all buildings in Legacy Village are subject to the approval of the community design review board. e. The grading, drainage, erosion control, utility and roadway plans (public and private) are subject to the approval of the city engineer. f. The applicant shall meet the tree - replacement /tree - preservation requirements of the Maplewood Code of Ordinances. g. The city will be strictly enforcing the 7 p.m. to 7 a.m. no -noise requirement and strictly enforcing dust - control efforts for all phases of this development. h. The applicant shall coordinate the installation of the sidewalk along the County Road D alignment with the city engineer. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays - Councilmember Koppen Councilmember Wasiluk moved to approve the preliminary plat date - stamped June 12, 2003, subject to the following conditions for the proposed Legacy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street: 1) Public street right -of -way will be dedicated for County Road D, Kennard Street, Legacy Parkway and Southlawn Drive as recommended by city engineering consultant Jon Horn in his memorandum. In addition, the applicant shall dedicate the necessary right -of -way for a sidewalk along the County Road D alignment, subject to the city engineer's approval. 2) Outlot f and Outlot I will be dedicated to the city for public park purposes as recommended and approved by the city parks director; 3) An easement over the power line trail will be dedicated to the city as required by the city engineer and parks director, and as modified by conditions of approval for the PUD; 4) Wetland buffer easements shall be shown around the wetlands on the site. The applicant shall dedicate these wetland buffer easements to the City of Maplewood. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays - Councilmember Koppen Councilmember Collins moved to authorize the preparation of a development agreement with the Hartford Group, Inc. providing tax abatement not to exceed a present value of $3.8 million dollars for the proposed Legacy Village on the south side of County Road D between Southlawn Citv Council 07 -14 -03 25 Drive and Hazelwood Street. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays - Councilmember Koppen 4. 10:11 P.M. Kennard Street, Beam to County Road D, Project 03 -04: Approve Resolution Ordering Improvement after Public Hearing Approving Plans and Specifications Authorizing Advertisement for Bids Authorizing Acquisition of Right -of -Way Ordering Assessment Roll Ordering Assessment Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. Steve Hoeft, working on behalf of the city, answered council questions. Councilmember Juenemann moved to extend the meeting until all agenda items K 1 -7 were . completed. Seconded by Councilmember Koppen Ayes- Councilmembers Collins, Juenemann and Koppen Nays, -Mayor Cardinal and Councilmember Wasiluk d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution that orders the improvement to be constructed, approves the plans and specifications, authorized receipt of bids, authorizes acquisition of right of way, orders preparation of the assessments roll, and orders an Assessment Hearing for the Kennard Street Improvements (Beam to County Road D), City Project 03 -04: RESOLUTION 03 -07 -130 ORDERING IMPROVEMENT AFTER PUBLIC HEARING APPROVING PLANS AND SPECIFICATIONS AUTHORIZING ADVERTISEMENT FOR BIDS AUTHORIZING ACQUISITION OF RIGHT OF WAY ORDERING PREPARATION OF ASSESSMENT ROLL CALLING ASSESSMENT HEARING WHEREAS, a resolution of the city council adopted the 23rd day of June 2003, fixed a date for a Citv Council 07 -14 -03 26 council hearing on the proposed street improvements for Kennard Street (Beam to County Road D), City Project 03 -04; AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on July 14, 2003, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, pursuant to resolution passed by the city council on June 23, 2003, plans and specifications for Kennard Street Improvements (County Road D to Beam Ave.), City Project 03 -04, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, AND WHEREAS, this resolution authorizes the city clerk and city engineer to receive bids for the making of these improvements, AND WHEREAS, the clerk and the engineer will, at the direction of the council, prepare an assessment roll for the Kennard Street Improvements (County Road D to Beam Ave.), City Project 03- 04, and the said assessment will be placed on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Kennard Street (Beam to County Road D), City Project 03 -04. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 14th day of July 2003. 3. A project budget of $2,866,986 is hereby established for the making of this improvement. 4. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 5. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 15th day of August, 2003, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 6. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 25, 2003. 7. The city engineer is hereby authorized to proceed with the necessary acquisition of easements and right of way as detailed in the feasibility report for the making of the improvement. Said Citv Council 07 -14 -03 27 acquisition shall include authorization of the city attorney to acquire parcels through the use of eminent domain proceedings as determined necessary by the city engineer and city attorney. 8. The city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection, AND FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. 9. A hearing shall be held on the 25th day of August 2003, at the city hall at 7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 10. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 11. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Juenemann . Ayes -All I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Off -Sale Intoxicating Liquor License /Tobacco License — Blong Lee for 2728 Stillwater Road a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. C. Blong Lee, the applicant, 1616 Sloan Street, St. Paul, was present for council questions. Councilmember Collins moved to approve the off -sale liquor license and the cigarette and tobacco license for Blong Lee to be used at 2728 Stillwater Road, for the store that will operate as Princess Liquor `n Tobacco. Seconded by Mayor Cardinal Ayes -All Councilmember Collins moved to place a moratorium on future off -sale liquor licenses until parameters are set for distances between liquor license holders. Citv Council 07 -14 -03 28 Seconded by Councilmember Juenemann Ayes- Councilmembers Collins, Juenemann and Wasiluk Nays -Mayor Cardinal Abstain- Councilmember Koppen 2. Sibley Cove Apartments Tax - Increment Financing Development Agreement (Co. Rd. D) a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. C. Paul Steinman, Vice President of Springsted, was present to provide further details and answer council question. Councilmember Koppen moved to authorize the city developer to execute a development agreement for the Sibley Cove Apartments on County Road D. This agreement shall provide a tax increment note in the principal amount of $1,1,75,234 with an interest rate of 4.75 percent for the Sibley Cove Limited Partnership for the Sibley Cove Apartment on County Road D. Seconded by Councilmember Juenemann Ayes -All 3. Environmental Utility Fund for Surface Water Management — Receive Special Report and Call Public Hearing to Consider Establishment of Utility and Fee a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. Andy Lamberson, a storm water management specialist, with SEH, informed the council what an environmental utility fund can do for the city. Councilmember Koppen moved to receive the special report on the Environmental Utility for Surface Water Management and called a Public Hearing for August 11, 2003 at 7:30 p.m. to consider the first reading of the ordinance establishing the Utility Seconded by Councilmember Collins Ayes -All 4. Hazelwood Street, County Road C to Beam, Proj ect 01 -16: a. Resolution Approving Plans and Advertisement for Bids a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving plans and advertising for bids for the Hazelwood Street Improvements (County Road C to Beam Avenue), City Proi ect 01 -16 and directed staff to explore the round -about concept for this prof ect: Citv Council 07 -14 -03 29 RESOLUTION 03 -07 -131 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on May 12, 2003, plans and specifications for Hazelwood Street Improvements (County Road C to Beam Ave.), City Proj ect 01 -16, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 6th day of August, 2003, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 11, 2003 Seconded by Councilmember Juenemann Ayes -All 5. Kennard/Frost Area Street Improvements, Project 02 -10: Resolution Directing Modification of Existing Construction Contract, Change Order #1 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement Protect, Cif Protect 02 -10: RESOLUTION 03 -07 -132 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -10, Kennard /Frost Area Street Improvements and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Proj ect 02 -10, Change Order No. 1. Citv Council 07 -14 -03 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $6,330.19. The revised contract amount is $2,212,442.47. No revisions to the project budget are required at this time, as these changes fall within the original project budget. Seconded by Councilmember Juenemann Ayes -All 6. Legacy Parkway (Kennard to Southlawn), Project 03 -26: Resolution Authorizing Preparation of Preliminary Report a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution ordering_ preparation of a preliminM report for the Legacy Parkwaprovements (Kennard to Southlawn), Project 03- 26; and authorized the finance director to transfer $25,000 to the project fund: RESOLUTION 03 -07 -133 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Legacy Parkway, Kennard to Southlawn, City Project 03 -26, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $25,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Collins Ayes -All 7. 800 MHz Funding Resolution a. City Manager Fursman presented the staff report. b. Chief Thomalla presented specifics from the report. Citv Council 07 -14 -03 31 Mayor Cardinal moved to adopt the following resolution expressing the City Maplewood's support of participation in the regional 800 MHz system and in support of Ramsey County's willingness to build a subsystem to serve all agencies within Ramsey County: RESOLUTION 03 -07 -134 RESOLUTION IN SUPPORT OF PARTICIPATION IN REGIONAL 800MHz SYSTEM WHEREAS, The City of Maplewood has been reviewing the needs of the radio communication system that provides emergency services to police, fire, and emergency medical agencies in its jurisdiction; and WHEREAS, The Metropolitan Radio Board, as a result of legislative changes, has the authority and resources to provide financial assistance to local units of government in the metropolitan area that plan to participate in the regional 800 MHz digital trunked communication system; and WHEREAS, Special legislative authority has been given to Minnesota counties to issue bonds for the purpose of designing, constructing, and installing the infrastructure, facilities, and equipment necessary to participate in the regional system; and WHEREAS, Federal funds have been appropriated and made available through the Minnesota Department of Public Safety to supplement local and state funds for the purpose of participating in the regional system, for which metropolitan area local governments are eligible; and WHEREAS, The City Council of Maplewood has determined that its participation in the regional system would improve its interoperability among its various agencies and with other jurisdictions for purposes of mutual aid and emergency medical services, thus improving public safety, as well as the entire region's ability to respond to weapons of mass destruction incidents; Now, Therefore, Be It RESOLVED, That the City Council of the City of Maplewood intends to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of the City of Maplewood's intention and request any state or federal financial incentives that may be offered to local jurisdictions. Seconded by Councilmember Juenemann Ayes -All L. VISITOR PRESENTATIONS 1. Bob Zick -1880 East Shore Drive, Maplewood, commented on the Emergency Management Director appointment. 2. Kevin Berglund -1929 Kingston, Maplewood, commented on City Attorney Kelly's clarification of the law. 3. Cheri Ottem -Owner of Stargate Nightclub, Maplewood, requested that the city adopt the 2:00 a.m. bar closing. Citv Council 07 -14 -03 32 4. B rian Me Y ers -T- Bird's Nightclub, Maplewood, requested a public hearing on the 2:00 a.m. bar closing before the September City Council Meeting. 5. Na nc y q Y Bloom uist -2541 Valle View Avenue East, Maplewood, obtained a city building permit to improve their property, and now have concerns regarding a nearby culvert. 6. Joan Crolius -906 West County Road D, New Brighton, had questions and comments regarding Sletten vs Ramsey County. 7. Robert Hill-450 Emerald Lane Mahtomedi, an attorney representing the Sletten" s in Sletten vs Ramsey County, suggested the council contact the Ramsey County Department of Public Health and request a neighborhood survey to find out the extent of the problem. M. N. O. 8 Dominic Crolius -1649 Minnehaha Avenue, St. Paul, also urged the council to pursue the Health Department regarding Sletten vs Ramsey County. 9. Debra Pedro -1821 East Cottage Avenue, St. Paul, owner of the Perkins on North St. Paul Road, asked the council to consider implementing a scholarship royalties program. 10. Diana Lon ' e- Kline -1771 Burr Street, supported the 2:00 a.m. bar closing, thanked the city g etting staff for ettin the city ordinances on line, and felt the ordinance may need to be changed regarding the Emergency Management Director Appointment. COUNCIL PRESENTATIONS None ADMINISTRATIVE PRESENTATIONS None ADJOURNMENT Councilmember Collins moved to adi ourn the meetin& at 11:20 p.m. Seconded by Councilmember Koppen Ayes - Councilmember Collins, Juenemann, Koppen and Wasiluk Nays -Mayor Cardinal Citv Council 07 -14 -03 33 AGENDA NO. G -1 AGENDA REPORT TO: City Council Action by Council FROM: Finance Director Date RE: APPROVAL OF CLAIMS DATE: July 15, 2003 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 DAVADTU $ 19,746.24 Checks #61347 thru #61348 dated 7/7 thru 7/10/03 $521,050.33 Checks #61349 thru #61393 dated 7/15/03 $2,747,970.81 Disbursements via debits to checking account dated 7/3 thru 7/10/03 $3,288,767.38 Total Accounts Payable $3,288,767.38 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 PARNANCE\WORMAGMApCUR 071503.doc 1 1 vchlist P Check Register Page: 1 07/11/2003 12:02 :39PM City of Maplewood Check Date Vendor Description /Account Amount 61347 7/7/2003 02840 XARIS PROPERTIES LLC REF ESCROW - HILLCREST HOSP 19 .61348 7/10/2003 01931 RAMSEY COUNTY FAIR ADV PURCH FAIR RIDE TICKETS - 31 155.00 61349 7/15/2003 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 6114 - 6/27 1,192.15 PATROL & BOARDING FEES 6/28 - 7/9 1,111.14 61350 7/15/2003 00174 BELDE, STAN REIMB FOR MEALS & LODGING 6/29 -7/1 152.71 61351 7/15/2003 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 234.00 61352 7/15/2003 00198 BOARD OF WATER COMMISSIONERS QTRLY UTIL - BILL DATE 6/27 56.84 61353 7/15/2003 02044 DARST, ROBERTA REIMB FOR MILEAGE 1/22 - 4/22 6.57 61354 7/15/2003 00358 DGM INC. TOW VEHICLE 79.88 TOW VEHICLE 79.88 TOW VEHICLE 106.50 TOW VEHICLE 159.19 TOW VEHICLE 79 TOW VEHICLE 79.88 TOW VEHICLE 53.25 TOW VEHICLE 53.25 TOW VEHICLE 79 TOW VEHICLE 79 61355 7/15/2003 02615 ELEMENTS INC PROJ 01 -14 REPLACEMENT SIGN 3,623.67 61356 7/15/2003 00460 ELK RIVER CONCRETE PRODUCTS 6" ADJUSTING RINGS 209.63 61357 7/15/2003 01401 FIRST STUDENT BUS COMPANY BUS FEE TO METRODOME 215.00 61358 7/15/2003 02071 FISHER, DAVID REIMB FOR PARKING - 6/26 12.00 61359 7/15/2003 00526 FOREST LAKE CONTRACTING INC PROJ 02 -14 PARKWAY LS - PYMT #2 94 61360 7/15/2003 00527 FOREST PRODUCTS SUPPLY CO 2 OAK STAMP BOXES 159.75 61361 7/15/2003 02113 FURSMAN, RICHARD REIMB MEAL, PRKG, MILEAGE 1/1 -6/30 377.16 61362 7/15/2003 00668 HIEBERT, STEVEN REIMB MEALS & LODGING 6/29 -7/1 150.72 61363 7/15/2003 02818 HOFFMAN. & MCNAMARA CO PROJ 01 -14 LANDSCAPING PYMT #1 67,368.30 PROJ 01 -29 ELDRIDGE AVE PYMT #1 29,940.20 61364 7/15/2003 00483 IDEACOM MID - AMERICA PHONE REPAIR 422.69 61365 7/15/2003 02782 INFRATECH TECHNOLOGIES INC 6 - CUT PROTRUDING SERVICE TAPS IN 2,590.00 61366 7/15/2003 00771 JOHNSON, RICK DEER REMOVAL 100.00 61367 7/15/2003 01894 KELLY & FAWCETT PA LEGAL SERVICES - JUN 13,132.94 61368 7/15/2003 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 03 -05 PROF SRVS THRU 5/31 7 61369 7/15/2003 02336 M A TAYLOR INC FITNESS CONSULTANT - 2ND QTR 1 61370 7/15/2003 00986 METROPOLITAN COUNCIL MONTHLY SAC - JUN 31786.75 61371 7/15/2003 01051 MN OCCUPATIONAL HEALTH PRE- EMPLOYMENT PHYSICALS 138.00 61372 7/15/2003 02836 MURRA, AARON REIMBURSE FOR MEALS 34.60 61373 7/15/2003 00001 ONE TIME VENDOR REF EDWARD ZIEBOL - AMB 03009320 526.45 61374 7/15/2003 00001 ONE TIME VENDOR REF KEITH LASCOTTE - DRIVEWAY 115.13 61375 7/15/2003 00001 ONE TIME VENDOR REF BEVERLY SCOTT - MCC PROGRAM 72.00 61376 7/15/2003 00001 ONE TIME VENDOR REF DAVID TREICHEL - MCC PROGRAM 49.00 61377 7/15/2003 01941 PATRICK GRAPHICS & TROPHIES TROPHIES 15.98 61378 7/15/2003 01289 PRAIRIE RESTORATIONS INC PRAIRIE FARM PRESERVE - PRAIRIE M 1 9 240.35 61379 7/15/2003 02687 QUALITY RESTORATION SERV., INC EROSION CONTROL RETAINAGE DRAW 4,742.55 61380 7/15/2003 02841 RAINMASTER IRRIGATION INC PROJ 01 -15 IRRIGATION SYS REPAIR 175.00 61381 7/15/2003 01409 S.E.H. PROJ 02 -22 PROF SRVS THRU 5/31 8,132.32 PROJ 02 -18 PROF SRVS THRU 5/31 5,086.10 PROJ 02 -10 PROF SRVS 5/31 702.81 PROJ 01 -14 PROF SRVS THRU 5/31 1 9 001.21 PROJ 03 -17 PROF SRVS THRU 5/31 850.88 PROJ 01 -14 DESIGN SRVS THRU 5/31 4,275.66 PROJ 03 -03 PROF SRVS THRU 5/31 698.83 PROJ 03 -04 PROF SRVS THRU 5/31 16,670.55 61382 7/15/2003 01463 SISTER ROSALIND GEFRE MASSAGES-JUN 20190.00 V %01485*Af% Page: 1 07/11/20 1202:39PM City of Maplewood Check D ate Vendor Description /Account Amount 61383 7/15/2003 01504 ST PAUL, CITY OF PROJ 02 -10 INSTALL SERVICE CONN 440.00 PROD 02 -10 INSTALL SERVICE CONN 440.00 PROJ 02 -10 INSTALL SERVICE CONN 440.00 RADIO REPAIRS - JUN 346.18 61384 7/15/2003 01523 STATE BOARD OF ELECTRICITY POWER LIMITED TECH LIC 30.00 61385 7/15/2003 01537 STREAMLINE DESIGN INC. MCC SHIRTS 24.00 61386 7/15/2003 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -10 KENNARD /FROST THRU 7/1 182,104.42 61387 7/15/200 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS NO 2 1 872.11 PROJ 03 -02 RECYCLED BASE 1,959.39 61388 7/15/2003 01578 T.R.F. SUPPLY CO. SAFETY GLASSES /CLEANER/SUNSCREE 286.16 LITIUM GREASE 215.13 61389 7/15/2003 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01 -16 PROF SRVS THRU 5/31 2,152.63 PROD 01 -29 PROF SRVS THRU 5/31 316.21 PROJ 01 -29 PROF SRVS THRU 5/31 1,483.63 61390 7/15/2003 02069 ULTIMATE DRAIN SERVICES INC. REPAIR GARBAGE DISPOSAL 80.00 PROJ 02 -10 TELEVISE TO CONNECTION 170.00 TELEVISE SEWER SERVICE 185.00 PROJ 02 -10 TELEVISE MAIN LINE 280.00 PROJ 02 -10 TELEVISE TO CONNECTION 170.00 61391 7/15/2003 02581 US BANK TRUST NATIONAL ASSN PAYING AGENT FEE 100.63 61392 7/15/2003 01190 XCEL ENERGY MONTHLY UTIL - STMT DATE 7/3 42,076.81 61393 7/15/2003 01798 YOCUM OIL CO. UNLEADED MID -GRADE 89 OCTANE GA 8 47 Checks in this report Total chocks: 540,796.57 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/02/03 07/03/03 MN State Treasurer Drivers License/Deputy g Re istrar 19 , 830.68 07/03/03 07/03/03 ICMA (Vantagepointe) Deferred Compensation 6,920.31 06/27/03 07/03/03 Elan Financial Services* Purchasing card items 27,490.74 07/03/03 07/07/03 MN State Treasurer Drivers License /Deputy Registrar 14,123.43 07/03/03 07/07/03 U.S. Treasurer Federal Payroll Tax 88,678.08 07/03/03 07/07/03 P.E. R.A. P.E. R.A. 46, 777.29 07/03/03 07/07/03 Orchard Trust Deferred Compensation 19,601.00 07/03/03 07/07/03 DCRP /Flex account DCRP & Flex plan payments 1,219.64 07/07/03 07/07/03 JP Morgan Chase Investment purchase 1,898,993.65 07/03/03 07/07/03 MN Dept of Natural Resources DNR electronic licenses 692.00 07/07/03 07/08/03 MN State Treasurer Drivers License /Deputy Registrar 22,025.51 07/03/03 07/08/03 MN State Treasurer State Payroll Tax 17,438.15 07/03/03 07/08/03 Federal Reserve .Bank Savings Bonds 300.00 07/08/03 07/09/03 MN State Treasurer Drivers License /Deputy Re g istrar 24 419.95 07/09/03 07/10/03 MN State Treasurer Drivers License /Deputy Registrar 18,663.81 TOTAL 2,207,174.24 *Detailed listings of Elan purchasing card items are attached n Transaction Review, 6/23/2003 For Transactions posted between 06/14/2003 to 06/20/2003 Post Date Vendor Name Settlement Amt Cardholder Name 06/18/2003 VERIZONWIRELESSWR 81.59 R CHARLES AHL 06/20/2003 GUNNER'S ALLEY 56.95 SCOTT A ANDREWS 06/16/2003 CUB FOODS, INC. 34.05 MANDY ANZALDI 06/19/2003 TARGET 00011858 25.25 MANDY ANZALDI 06/16/2003 CENTURY COLLEGE CONTINUIN 178.00 JOHN BANICK 06/18/2003 UNIFORMS UNLIMITED - 137.33 PAUL BARTZ 06/16/2003 HENRIKSEN ACE HARDWARE 127.15 JIM BEHAN 06/16/2003 BLUE RIBBON BAIT & TACKLE 11.98 OAKLEY BIESANZ 06/16/2003 MICHAELS #9401 14.96 OAKLEY BIESANZ 06/16/2003 MICHAELS #9401 18.04 OAKLEY BIESANZ 06/16/2003 UNITED RENTALS/HTG #229 124.61 CHRISTOPHER CAVETT 06/20/2003 GOVERNMENT TRAINING SVC 199.00 MELINDA COLEMAN 06/16/2003 ST PAUL AREA CHAMBER 35.00 ROBERTA DARST 06/18/2003 S &. T OFFICE PRODUCTS 20.84 ROBERTA DARST 06/16/2003 TARGET 00011858 48.92 RICHARD DOBLAR 06/16/2003 BUERKLE BUICK -PARTS & 2.92 RICHARD DOBLAR 06/17/2003 NORTHERN TOOL EQUIPMNT 3.93 DAVE EDSON 06/17/2003 NORTHERN TOOL EQUIPMNT 10.64 DAVE EDSON 06/16/2003 VIKING ELECTRIC DISTRIBUT 318.30 SHANN FINWALL 06/20/2003 BEST BUY 00000109 10 1. 14 MYCHAL FOWLDS 06/16/2003 HOLIDAY 523 1.12 VIRGINIA GAYNOR 06/16/2003 NATL FIRE PROTECTION 56.91 CLARENCE GERVAIS 06/16/2003 RD J SPECIALTIES 674.24 CLARENCE GERVAIS 06/16/2003 HENRIKSEN ACE HARDWARE 35.66 MIKE GRAF 06/20/2003 MN ZOO TARS 344.40 MIKE GRAF 06/16/2003 MILLS FLEET FARM #14 2.94 JANET M GREW HAYMAN 06/16/2003 PULSTAR DISTRIBUTING INC 34.45 KEVIN HALWEG 06/20/2003 EAT INC 123.01 KEVIN HALWEG 06/ 16/2003 NORTHERN TOOL EQUIPMNT 43.63 MICHAEL HEMQUIST 06/16/2003 NORTHERN TOOL EQUIPMNT 48.19 MICHAEL HEMQUIST 06/16/2003 MENARDS 3059 38.32 MICHAEL HEMQUIST 06/20/2003 A TO Z RENTAL CENTER 166.76 HEIDI HERSOM 06/16/2003 LTG POWER EQUIPMENT 15.69 GARY HINNENKAMP 06/16/2003 SUN TURF 311.51 GARY HINNENKAMP 06/16/2003 LESCO INC 9.59 GARY HINNENKAMP 06/20/2003 LESCO INC 105.38 GARY HINNENKAMP 06/16/2003 AMERICAN RED CROSOI OF 01 52.50 RON HORWATH 06/19/2003 BIZI INTERNATIONAL INC 6.00 STEVE HURLEY 06/16/2003 BYERLY'S ST. PAUL 39.02 ANN E HUTCHINSON 06/18/2003 THE HOME DEPOT 2801 22.27 DAVID JAHN 06/16/2003 UNITED RENTALS/HTG #229 456.89 MICHAEL KANE 06/19/2003 EMERGENCY MEDICALOI OF O1 38.98 BARB KATZMAN 06/16/2003 ARBY'S #6703 Q52 8.18 DAVID KVAM 06/19/2003 ARBY'S #882 Q52 5.53 DAVID KVAM 06/18/2003 MENARDS OAKDALE 35.72 DENNIS LINDORFF 06/16/2003 UNIFORMS UNLIMITED INC 11.18 JOHNNIE LU 06/16/2003 THE HOME DEPOT 2801 64.47 STEVE LUKIN 06/16/2003 CENTURY COLLEGE CONTINUIN 65.00 STEVE LUKIN 06/16/2003 CENTURY COLLEGE CONTINUIN 65.00 STEVE LUKIN 06/16/2003 CENTURY COLLEGE CONTINUIN 65.00 STEVE LUKIN 06/16/2003 CENTURY COLLEGE CONTINUIN 65.00 STEVE LUKIN 06/20/2003 RENTAL SERVICE CORP #713 169.75 STEVE LUKIN 06/17/2003 WASTE MGMT - MPLS - 875.32 MARK MARUSKA 06/17/2003 VIDEO PROFESSOR INC 69.95 MARK MARUSKA 06/16/2003 UNITED RENTALS/HTG #229 207.68 ED NADEAU 06/16/2003 PUMP & METER SERVICE INC 209.86 ED NADEAU 06/16/2003 PUMP & METER SERVICE INC 962.15 ED NADEAU 06/17/2003 SPRINTPCS AUTOPYMT RC 1 89.01 BRYAN NAGEL 06/20/2003 S & T OFFICE PRODUCTS 114.04 AMY NIVEN P! 06/16/2003, NORTHERN TOOL EQUIPMNT 7.44 MICHAEL NOVAK 06/18/2003 DITCH WITCH OF MN 121.28 ERICK OS WALD 06/16/2003 NARDINI FIRE EQUIPMENT CO 267.60 PHILIP F POWELL 06/16/2003 HEWLETT PACKRD MS 1709 10.60 PHILIP F POWELL 06/16/2003 OFFICE MAX 00002204 53.24 PHILIP F POWELL 06/16/2003 BATTERIES PLUS 51.11 PHILIP F POWELL 06/17/2003 CONSOLIDATED PLASTICS CO 94.15 PHILIP F POWELL 06/19/2003 ACE FNGR PRINT EQUIP LAB 142.77 PHILIP F POWELL 06/16/2003 OXYGEN SERVICE CO INC 86.75 STEVEN PRIEM 06/16/2003 130YI3R TRUCKS - PARTS 105.69 STEVEN PRIEM 06/17/2003 THANE HAWKINS 00430017 46.24 STEVEN PRIEM 06/17/2003 BAUER BULT TRE33200023 309.74 STEVEN PRIEM 06/18/2003 TOUSLEY FORD 127200039 112.49 STEVEN PRIEM 06/ 18/2003 KATH AUTO PARTS 14.10 STEVEN PRIEM 06/19/2003 TOUSLEY FORD I27200039 138.26 STEVEN PRIEM 06/20/2003 BAUER BULT TRE33200023 35.46 STEVEN PRIEM 06/20/2003 ELLIOTT AUTO SUPPLY 19.52 STEVEN PRIEM 06/20/2003 ELLIOTT AUTO SUPPLY 182.75 STEVEN PRIEM 06/20/2003 OFFICE MAX 00002204 6.33 KEVIN RABBETT 06/16/2003 CUB FOODS, INC. 40.88 AUDRA ROBBINS 06/16/2003 MICHAELS #2744 162.61 AUDRA ROBBINS 06/17/2003 TARGET 00011858 111.31 AUDRA ROBBINS 06/18/2003 HOLLYWOOD VIDEO 4.04 AUDRA ROBBINS 06/19/2003 TOYS R US #6048 42.38 AUDRA ROBBINS 06/16/2003 HENRIKSEN ACE HARDWARE 44.39 PAUL, SCHLINGMAN 06/20/2003 A WORLD OF FISH #1 468.58 RUSSELL L SCHMIDT 06/16/2003 THE HOME DEPOT 2801 11.05 SCOTT SCHULTZ 06/16/2003 T- MOBILE 45.08 SCOTT SCHULTZ 06/16/2003 GRAINGER 497 188.82 SCOTT SCHULTZ 06/16/2003 T- MOBILE 39.35 ANDREA SINDT 06/18/2003 S & T OFFICE PRODUCTS 32.93 ANDREA SINDT 06/20/2003 KWE KIPLINGER EDITORS 59.00 ANDREA SINDT 06/16/2003 MN PHOTO 24.78 PAULINE STAPLES 06/16/2003 S & T OFFICE PRODUCTS 300.46 JOANNE M SVENDSEN 06/17/2003 S & T OFFICE PRODUCTS 22.30 JOANNE M SVENDSEN 06/17/2003 S & T OFFICE PRODUCTS 1.73 JOANNE M SVENDSEN 06/18/2003 S & T OFFICE PRODUCTS 21.39 JOANNE M SVENDSEN 06/18/2003 S & T OFFICE PRODUCTS -31.58 JOANNE M SVENDSEN 06/19/2003 USI USI INC 103.77 JOANNE M SVENDSEN 06/19/2003 HILSON RESEARCH INC 202.50 JOANNE M SVENDSEN 06/16/2003 CARBONE'S ON CENTURY 46.30 RUSTIN SVENDSEN 06/18/2003 NWA AIR 0122189697083 365.00 RUSTIN SVENDSEN 06/18/2003 NWA AIR 0122189697084 365.00 RUSTIN SVENDSEN 06/18/2003 NWA AIR 0122189697085 365.00 RUSTIN SVENDSEN 06/20/2003 JEFFERSON FIRE & SAFETY 251.98 RUSTIN SVENDSEN 06/16/2003 BAUER BULT TRE33200023 105.18 LYLE SWANSON 06/16/2003 OFFICE MAX 00002204 21.06 LYLE SWANSON 06/18/2003 HENRIKSEN ACE HARDWARE 600.12 LYLE SWANSON 06/18/2003 THE HOME DEPOT 2801 82.41 LYLE SWANSON 06/16/2003 QWESTCOMM TN651 2.82 HOLLY URBANSKI 06/1 6/2003 QWESTCOMM TN612 57.51 HOLLY URBANSKI 11,199.27 1� I Transaction Review For Transactions posted between 06/21/2003 to 06/27/2003 Post Date Vendor Name Settlement Amt Cardholder Name 6/30/2003 06/27/2003 SPRINTPCS- SPEEDPAYIVR 48.69 BRUCE K ANDERSON 06/23/2003 CUB FOODS, INC. 13.49 MANDY ANZALDI 06/26/2003 CUB FOODS, INC. 41.08 MANDY ANZALDI 06/26/200:3 ARC H 75:3.28 JOHN RANIC'K 06/27/2003 EL REINHARDT COMPANY INC 157.35 JIM BEHAN 06/23/2003 KINNICKINNIC NATIVES PLAN 353.36 OAKLEY BIESANZ 06/25/2003 OFFICE MAX 00004663 35.83 OAKLEY BIESANZ 06/27/2003 MENARDS OAKDALE 6.39 RON BOURQUIN 06/25/2003 VERIZONWIRELESSWR 218.59 CHRISTOPHER CAVETT 06/23/2003 ANDON INC. 19.17 LINDA CROSSON 06/26/2003 OFFICE MAX 00002204 16.37 LINDA CROSSON 06/23/2003 HOLIDAY INNS 81.70 ROBERTA DARST 06/23/2003 S & T OFFICE PRODUCTS 18.63 ROBERTA DARST 06/26/2003 S & T OFFICE PRODUCTS 42.71 KATHLEEN DOHERTY 06/27/2003 S & T OFFICE PRODUCTS 1.42 KATHLEEN DOHERTY 06/23/2003 DAVIS LOCK AND SAFE 154.67 ROBERT J DOLLERSCHELL 06/27/2003 TIME WARNER CABLE R15 109.79 TOM EASTMAN 06/.27/2003 HEJNY RENTALS INC 173.79 DAVE EDSON 06/25/2003 VERIZONWIRELESSWR 71.08 DANIEL F FAUST 06/23/2003 OFFICE MAX 00002204 40.75 MYCHAL FOWLDS 06/26/2003 UNIFORMS UNLIMITED INC 54.23 JOHN FRASER 06/27/2003 MAC QUEEN EQUIPMENT IN -82.76 RONALD FREBERG 06/23/2003 RADISSON HOTELS ' 108.80 RICHARD FURSMAN 06/23/2003 KINNICKINNIC NATIVES PLAN 193.95 VIRGINIA GAYNOR 06/24/2003 MENARDS STILLWATER 62.62 VIRGINIA GAYNOR 06/23/2003 ANDON INC. 71.36 MIKE GRAF 06/26/2003 S S S ARTS CRAFT 65.11 MIKE GRAF 06/23/2003 FRANKS 00502898 8.50 JANET M GREW HAYMAN 06/23/2003 DEMCO INC 128.40 JANET M GREW HAYMAN 06/27/2003 SQUIRE HOUSE GARDENS 37.28 JANET M GREW HAYMAN 06/23/2003 VERIZONWIRELESSWR 61.90 KAREN E GUILFOILE 06/25/2003 NORTHERN TOOL EQUIPMNT 7.44 MARK HAAG 06/27/2003 S & T OFFICE PRODUCTS 47.18 LORI HANSON 06/25/2003 KINKO'S #0617 326.89 HEIDI HERSOM 06/26/2003 AMERICAN IRRIGATION 38.02 GARY HINNENKAMP 06/27/2003 BACHMANS MAPLEWD 004 29.85 GARY HINNENKAMP 06/23/2003 KMART 00071068 10.63 RON HORWATH 06/23/2003 VECTOR INTERNET/VISI.0 31.45 STEVE HURLEY 06/24/2003 TARGET 00011858 139.46 DAVID JAHN 06/27/2003 DALCO 01 OF 01 638.78 DAVID JAHN 06/25/2003 VERIZONWIRELESSWR 32.26 MICHAEL KANE 06/23/2003 HAWTHORN 1NN & SUITES 196.92 BARB KATZMAN 06/23/2003 COMO PARK ANIIVIL HSP BRD 307.89 DAVID KVAM 06/24/2003 STREICHER'S POLICE EQP 210.02 DAVID KVAM 06/27/2003 KINKO'S #0626 3.20 MICHAEL LIDBERG 06/23/2003 AMERITECH MOBILE PA 35.21 STEVE LUKIN 06/25/2003 VERIZONWIRELESSWR 96.30 STEVE LUKIN 06/23/2003 ON SITE SANITATION, IN 519.50 MARK MARUSKA 06/24/2003 VIDEO PROFESSOR INC 6.95 MARK MARUSKA 06/25/2003 VERIZONWIRELESSWR 43.72 MARK MARUSKA 06/25/2003 TRUGREEN - CHEMLAWN 4635 1,951.08 MARK MARUSKA 06/26/2003 TRUGREEN= CHEMLAWN 4635 1,956.41 MARK MARUSKA 06/25/2003 VERIZONWIRELESSWR 60.53 ED NADEAU 06/26/2003 TRUGREEN- CHEMLAWN 4635 755.09 ED NADEAU 06/27/2003 S & T OFFICE PRODUCTS 123.56 JEAN NELSON 06/25/2003 VERIZONWIRELESSWR 28.27 ERICK OSWALD 06/24/2003 CUB FOODS, INC. 6.38 KURT PARSONS 06/27/2003 EXCELLCOM 5.00 KURT PARSONS 06/23/2003 TESTRITE INSTRUMENT 74.95 PHILIP F POWELL 7 06/26/2003 RAINBOW FOODS 1 -886 29.78 PHILIP F POWELL 06/23/2003 TOUSLEY FORD 127200039 281.35 STEVEN PRIEM 06/23/2003 TOU.SLEY FORD 127200039 18.24 STEVEN PRIEM 06/23/2003 MAC QUEEN EQUIPMENT IN 382.36 STEVEN PRIEM 06/23/2003 SUNRAY BTB 127.52 STEVEN PRIEM 06/23/2003 KATH AUTO PARTS 50.85 STEVEN PRIEM 06/23/2003 SUNRAY B'TB 45.36 STEVEN PRIEM 06/24/2003 KATH AUTO PARTS 26.45 STEVEN PRIEM 06/25/2003 SUNRAY BTB 8.17 STEVEN PRIEM 06/25/2003 KATH AUTO PARTS 41.00 STEVEN PRIEM 06/25/2003 KATH AUTO PARTS 15.08 STEVEN PRIEM 06/27/2003 MAC QUEEN EQUIPMENT IN 82.76 STEVEN PRISM 06/27/2003 SUNRAY BTB 26.68 STEVEN PRIEM 06/26/2003 DALCO 01 OF 01 1,201.85 MICHAEL REILLY 06/23/2003 CUB FOODS, INC. 78.79 AUDRA ROBBINS 06/24/2003 TARGET 00011858 41.84 AUDRA ROBBINS 06/24/2003 TARGET 00006197 16.08 AUDRA ROBBINS 06/26/2003 MICHAELS #2744 24.29 AUDRA ROBBINS 06%26/2003 HOLM'S SUPER BOWL, INC 335.85 AUDRA ROBBINS 06/26/2003 BATTERIES PLUS 102.17 AUDRA ROBBINS 06/23/2003 SEARS ROEBUCK 1122 296.03 PAUL SCHLINGMAN 06/23/2003 DAVIS LOCK AND SAFE 133.07 PAUL SCHLINGMAN 06/23/2003 AAA ALL CITY VACUUM 24.50 GERALD SEEGER 06/25/2003 VERIZONWIRELESSWR 28.66 ANDREA SINDT 06/25/2003 VERIZONWIRELESSWR 5.98 ANDREA SINDT 06/26/2003 T- MOBILE 22.61 ANDREA SINDT 06/27/2003 NEXTEL WIRELESS SVCS 322.17 ANDREA SINDT 06/23/2003 CUB FOODS, INC. 46.23 PAULINE STAPLES 06/23/2003 TSI l 10.00 RUSTIN SVENDSEN 06/26/2003 NELSON MARINE 110.51 RUSTIN SVENDSEN 06/25/2003 VIKING ELECTRIC ST PAUL 52.41 LYLE SWANSON 06/27/2003 SEARS ROEBUCK 1122 147.54 LYLE SWANSON 06/27/2003 ALL MAIN STREET ELECTRIC 88.00 LYLE SWANSON 06/26/2003 LILLIE SUBURBAN NEWSP 202.00 DOUGLAS J TAUBMAN 06/24/2003 LTG POWER EQUIPMENT 3.12 TODD TEVLIN 06/27/2003 CC SHARROW CO INC 38.83 TODD TEVLIN 06/23/2003 THE UPS STORE #2171 8.53 DAVID J THOMALLA 06/23/2003 HEARTLAND SERVICES INC 120.36 DAVID J THOMALLA 06/23/2003 QWEST COMMUNICAT R54 310.90 HOLLY URBANSKI 06/23/2003 STRINGER BUSINESS SYSTEMS 447.15 HOLLY URBANSKI 06/25/2003 QWESTCOMM TN303 60.06 HOLLY URBANSKI 06/27/2003 THE HOME DEPOT 2801 19.76 CHARLES J VERMEERSCH 06/26/2003 WOLF CAMERA #1530 6.11 JOSEPH WATERS 16,291.47 P o'o-.j Agenda # 6'x� MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 16, 2003 RE: 3.2 Malt Liquor License Action by Council d r 7 I R . Heidi Polos has applied for a 3.2 Malt Liquor License to be used at the SuperAmerica located at 2529 "te Bear Avenue. Ms. Polos previously held a 3.2 off -sale liquor license while working at the SuperAmerica located on South Century Avenue. City ordinance does not require a background investigation for 3.2 malt liquor. Chief Thomalla met with Ms. Polos to discuss alcohol compliance and local and state statutes related to holding a 3.2 off -sale license. She has also been given a copy of the City Code that pertains to holding a 3.2 malt liquor license. There are no schools in the vicinity. The closest church (Redeeming Love) is 1,000 feet from the SuperAmerica, well exceeding distance requirements between a church and a 3.2 liquor license holder. SuperAmerica Property Redeeming Love Churcl MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Temporary Gambling Resolution DATE: July 16, 2003 Agenda Item # Action by Council Date Rejected ® J J Jim Roehl, on behalf of the Make -A -Wish Foundation, has applied for a temporary gambling license to conduct a raffle. This temporary gambling resolution will be used at the Chalet's outdoor event on July 26, that council approved at the June 23, 2003 council meeting. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Make -A -Wish Foundation. 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. Agenda Item # MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk i RE: Food Permit Fee Waiver DATE: July 16, 2003 Action by Council Date Endorsed Modified Rejected The Maplewood Athletic Association is having its end of the year youth baseball tournament on July 25 -27, 2003 at Harvest Park. During the event they will be running a concession stand and have applied for a food permit. Funds earned from the tournament and the concession stand will go back into the Maplewood Athletic Association. Since this is a fundraiser, they are requesting that the $46.00 fee for the food permit be waived. Agenda Item # C000 00 " MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Temporary Gambling Resolution DATE: July 16, 2003 Action by Council Dan Odegard, on behalf of the Minnesota Waldorf School, has applied for a temporary gambling license to conduct a raffle. This temporary gambling resolution will be used on November 22, 2003 from 10:00 a.m. to 4:00 p.m. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Minnesota Waldorf School. 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. Agenda #, MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Tom Ekstrand, Assistant Community Development Director Conditional Use Permit Review 2170 County Road D Bruentrup Heritage Farm July 2003 INTRODUCTION Action by Couneii D ate Endorsed Modified � Rejected � The conditional use permit (CUP) for the Bruentrup Farm is due for review. This CUP revision was required for the addition of the new parking lot on the east side of the site. Refer to the maps on pages 2 -5 and the city council minutes starting on page 6. BACKGROUND May 24, 1999: The city council moved.to support the relocation of the Bruentrup Heritage Farm buildings to the 23 -acre open space site on County Road D. June 14, 1999: The city council approved the CUP for the farm relocation. July 8, 2002: The city council approved the CUP revision to approve the new parking lot on the east side of the site. This parking lot was constructed during the County Road D reconstruction project to take advantage of cost - saving opportunities. DISCUSSION The arkin lot and required landscaping has been completed. The city council should review p 9 re q this permit again if the city proposes any future changes or expansions to the Bruentrup Farm. RECOMMENDATION Review the conditional use permit for the Bruentrup Heritage Farm at 2170 County Road D if the city proposes a change or expansion to the facility. p:secl4 /goodrich.03 Attachments: 1 . Location Map 2. Property Line Map 3. Parking Lot Plan 4. Original Bruentrup Farm Site Plan 5. City Council Minutes Dated July 8, 2002 Attachment ff R LAKE 1, SA u COUNTY ROAD 0 A � rri �° � WOODI`MN o WOODL1RiN /lVE AVE Ayg, � 7. CHPPEWA GT. � o• 0 2 Z BAitTE16A't' W. I — LYDIA � � �i � � AVE � Ix O w JOY ci E5. LID El a- in Lk � AVE eau,+ � xvE � � MAPLE VIEW /lVE — , M lvor Lake Y � P"TZ Q Ay � RAJIVSEY W - � NORTH SAINT PAUL mufa KoHUAM � LA pn 1700' 7 N 3400' 5100' 6800 2 I's 4 SCALE LOCATION MAP z 4 ELGENttL RD. DIVE d Q EEL r � OER1/AM CT. ct- CASTLE AVE. Z �. COPE AVE !� C AVE cr_ � °- LAURIE RD. 3E ° RD i v RD. } B � o � 1700' 7 N 3400' 5100' 6800 2 I's 4 SCALE LOCATION MAP z 4 Attachment i. D,.r Not V% DW4 act t 35 %L. -1 a dt 310 � t a•o , ' M it - ., s - ►+ 1 • �' A0 AND SL AL 41g O 7� �-�-� Z.Ta W.C. :. l ] � of rr. . Z OI oo 5 ja r t a j r r 1 I i i lii t 3 ^ • r_ .� . .33 a .. JA 20 M ( -fill I • .o. 'r a: va •.L ..L A. a .. �1 ws •4.;. ra So AL y .Ic (lid - :. .� •. I-': a� 12 t' z 3LY Q D 1 a E R E 13 K is s 2 (a) 7 !O tt t2 - 12 13 a 3701 � ki ' o I l! i. 1 • ba i. 4-AL ki - #!I - - - . - .•' t}!j {a1 I t - at -1 1.10�r•j w -.Vi•- - - ��ia�i�el�s3 - •- �a��Jf�rr• p..c�rypy0%i :�.•� 'vaia� - Y r !!� � w - pia • f• - r p r We I70Z � •7 1•.t �.• � � � _7rc ln.lri • .�• �o � 4 j As 30r .r+3 a, -f- PROPERTY LINE MAP , 8.1 �. • W. a. D•1 sot •7 1 i . � D 1 1 C A A tt ta L a - 4 , , 111 e& A k. L A �� Y 1 6r , � �,� x r� � Y'e *A y`� l l,tp,9 � ' f 4 :M' f 'q;�� � ��' Y `'� rJ i / %�� iti PO4, F FLCVVER L PARK ® } ........... 4 VEGETABLE GA ENS ENTRY W 110 ) NMI T�W�M�� COUNTY R OAd D C+ 511 B R UENTR. ITAGE FARM' PROPOSED AREA C+ 700 T polls, MN 6113.37010700 TO 612.376AIA Fax ;5 00 i�-EE-r Attachment 4 • . � 1. .. � _ - . A ~ , • 1 t D RlvC Why Min x us -� r• _ ., LO - qq Co U,)o • _ - -sue- .. r r f i T R-O _ 1 , E C, 5 - he I L 4. 0 V E .: L-L 13'U I I-D IAJGS UJ IA)Dk S. [t p cc rn, Y-CC ki a- Y- L70 ya C vj t) cz 3 vri f S e- t5 I LU _ 3 e C r I Or Y es - to Y-a _. . I - C We -- LU • �� Z. Cj (Ckfy Co -FC) �:U 6,1- . 5 Attachment. 5 Motion failed. Councilmember Koppen moved to adopt the resolution approving a revised conditional use permit (CUP) for the BruentW Heritage Farm at 2170 County Road D RESOLUTION 02 -07 -126 CONDITIONAL USE PERMIT REVISION WHEREAS. the Maplewood Historical Society was granted a Conditional Use Permit on June 14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as: Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333 feet of the East 213 feet and except the South 905 feet, the NE 1 /4 (subject to roads and easements), in Section 2, Township 29, Range 22. (PIN 02- 29 -22 -11 -0009) WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot on the eastern side of the Bruentrup Heritage Farm site. WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and recommended that the City Council approve this permit revision. WHEREAS, EREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property owners, and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff and the planning commission. NOW, THE REFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate area property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous., hazardous., detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. D 8. The use , would maximize the preservation of and incorporate the site's natural and scenic features into the development and design. 9. The use would cause. m adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out) 1 All construction shall follow the approved site plan dated Mqy 17 , 2002z for the proposed 21 - car parking lot for the Bruentrup Heritage Farm to be located on the eastern side of the farm house building, which shall include a bus turnaround, subject to the addition of extensive landscape features which shall be desi ned by a registered landscape architect to screen from view the properties to the east and northeast of the paridna lot. Approval is granted siting the fact that the parking lot is. located and designed to minimize the impact to the City awned and maintained open space, and that the parking lot would not change and is consistent with the operation of the Bruentrup Heritage Farm as a public facility 2. All construction shall follow the site plan approved by the City. The City Engineer Ma gpprove minor changes to the site plan. 3. The City Council shall review this permit in ones ar. 4. A lot lights shall be installed per City code, subject to the approval of the ity En sneer. 5. The site plan dated May 1999 shall be deemed the approved site plan for the Bruentrup Heritage Farm site, except the addition of the 21 -car parking lot on the eastern side of the site. 7� S � • Seconded by Councilmember Wasiluk Ayes- Councilmembers Collins, Koppen, Juenemann and wasiluk Nays -Mayor Cardinal 7 Design Approval. Deb Charpentier, 2212 County Road D East, Maplewood Dave Huebl, 2191 County Road D East, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood George Rossbach, 1406 East County Road C, Maplewood Councilmember Koppen moved to approve the desi p plans for the Bruenturp Herita e Farm Parking Lot at 2170 County Road D. Councilmember Wasiluk offered a friendly proposal to work with the neighbors on the agreeable screening. Seconded by Councilmember Juenemann Ayes- Councilmember Collins, Koppen, Wasiluk and Juenemann Nays -Mayor Cardinal Consider Funding Options George Rossbach, 1406 East County Road C, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Dave Huebl, 2191 County Road D East, Maplewood Councilmember Collins moved accept Funding Option Two: $30 from the Park Develument Fund and $10 000 from the I-fistorical Society. Funds. Seconded by Councilmember Wasiluk Ayes -All Change Order Authorizing Construction: City Engineer Ahl asked to bring this item back to the council at the Special Council Meeting on July 18, 2002. 2. 7:30. p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street) A. Conditional Use Permit Revision B. Design Approval a. City Manager Fursman presented the staff report.. b. ' Associate Planner Roberts presented specifics from the report. C. Jackie Monahan -Junek presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kao Lee, representing the church, 2415 Cypress, Maplewood Chou yang, youth worker for the church, 415 Kingston Avenue, Maplewood Dick DuFresne, 1721 Desoto Street, Maplewood Audrey Duellman, 1843 De S oto Street, Maplewood Agenda # r ] MEMORANDUM TO: FRO SUBJECT: PROJECT: LOCATION: DATE: INTRODUCTION City Manager Ken Roberts, Associate Planner Conditional Use Permit Review Hmong Alliance Church 1770 McMenemy Street July 10, 2003 Action by Council En, dorsed 1 •� 0 The conditional use permit for the Saint Paul Hmong Alliance Church at 1770 McMenemy Street is due for review. (See the maps on pages two through eight.) BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2003, the city council approved a CUP revision and design plans for this site. These requests were. for the church to expand their parking lot to the south and to add a playground to their property. (Please see the minutes starting on page nine.) DISCUSSION The church has finished the parking lot expansion and most of the associated site work. They still need to construct a trash container enclosure and stripe the driveway onto McMenemy Street with a turn lane. Since the church has not yet finished some of the required site work, the city should review this permit again in one year. RECOMMENDATION Review the conditional use permit for the Hmong Alliance Church at 1770 McMenemy Street again in one year or if the owner proposes a major change. p:secl 71Hmong alliance church review - 2003 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Area Map 4. Site Plan 5. Proposed Grading Plan 6. Proposed Landscape Plan 7. Site Plan (and Paving Plan) 8. 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I It I ", i:-"�1, z,e,T %-lQ?-Q .; . . r � ��: r. � - . . ta '. i. r, I M . , �- � � G W,1161%� TIM ,' , b, , .� �; � I �', , . I- .. . '. " ..." ". , -,)-t-, - '�f I.�;,.'!,?g(� -,�!'16.��6,,q FWD;,�!��','��Yi- , ^ , I -- -, . , - - -111; �,�; i - I W � � ,-, -�� , vi$'D;,�!��','��Yi, �, M .Z `i�., _;. �,,." ,; ,(2 . '. n , - �- . , ,.�,, .;, P .4� 1 ... , � � I , " '. . � �ii . - " � , - ,�-; : I I : - O L; '. . . I ` 'T .. , .I.- , ; ""' , , ,� " . q . : N 4 'O I I , , . ,,,, - , �!,'�� C ,,� - i ., �0, � �!`, �., ;- , � -I! ,.,.�,,,,,,-,L�,,.,,"'I�,,!,�i,- -,.,-. r� �1, .- 2 %-,;:-�--,,, t �: - I . �l �', - - , Z� -,, + i .. �; Attachment 4. u - a a a � - � iia r•R a ;� WON- 11� R VE 111 Sw ice► �� t1� - NOTES 1. Contractor b responsible to visit the site prior to to assure scope of work Is understood aid b call archltect or eer prior to biddinq for any clorlfluAlon needed. "R>e+r-e w111 be no oddlElonal compensation for Items that could have been clarified prior to bid sukamltols. Z. State Law requires notification of"�One Call 48 hours prior to begim" work. Gat 651 2 ror location of utlllty owned Wes. Private utlllty lines w111 not be located as part of 6opFler One Call, but can be located by a contrast locator or other sultobie mems. Contractor is responsible for locating all utlllty lines-priorto construction. 3. All removed brush, trees, and stumps to be disposed of off site PROPOSED SITE PLAN 5� N � E V GRAPHIC SCALE 1"•50' 0 50 100 150 4 N Attachment 5 VIM L OurhlozWr M reepoeeble to volt are Nem ppr�ior W btddhg to awirs �eCloop�ee of work to underbtood vd M to 0011 a rJelteet or Wr to g ser ay clarlftcatlon needed TMne aAN be no oddltfa�al 0brtpwrtatJon Ior Raven that�eo�uuld A�av� bs+n elOrRled pylar to bld wb�RaM. 2. W to "M Geral 631-454= tai r to atbe� uthw �ilky .d I.. P��t+." uta lnse nM not be loaatee ae orst of 6optrr ar GaN, bGt ea► bu located bs a act t0rokar r"r pt aultable n+iar Goes Oetor r rwpoeable ►or loeatax� df wktg liw rior to aarntruatlon. 3. contaws and .pot elevabam are to MrWhee T"de. 4. Laedw," Mlards to be bodalod to 4 frhee bekpe top of cwb. S. Flibllt etrosls are to be dear of debt% ord c" on a d" boar. 6. Upon rowplatton of pro tad estdoluhnwt a1 vegetation or Durr eWatee, tenp g.rv.bn aor/rel to t» re wv" t All sob rbed crew ar to be reekwod o d seeded e. erad►g ea t L=bw reepal 6" for me***" w0wan "Novi. t Poeta Firmly (Post Shell Be Oand k Stee11 eMount Map Mire to Posts. lreft 100X. Fasten ii: w/ Mop Rings. Nall■ or Staples. 6' Min. Depth © 019 or Oise Trench ® Lay In Fabric i Backfill EROSION CONTROL LEGEND —a02- PROPOSED GRADE EXI5TIN(5 GRADE —•— SILT FENGE -- — PROPERTY LINE — — 20' SETBACK o . 0 SPOT ELEVATION PROPOSED GRADING PLAN 6 N 'e s W o E S GRAPHIC SCALE 1"•50' 0 50 300 150 E nerro+eMr ernEet wwe� r# �r �Ir C ?-'or - Attachment 6 NOTES N I. Contractor Is responsible to visit the site prior to bidding to assure sccooppe of work Is understood and is to call architect or (neer prior to b71; for ay clarlfkotlon needed. There well be no addl l compensation for Itenn Shot could have been cl rifled prior to bid submltols. 2. State Law requires notification of 6opher one Gall 46 hours prix to Inning work. Gal 651=454-00 02 for location of vtllltg owned lines. RrIte all Imes roll W not be located a, part of Gopher One Gall, but can be boated by a Co. act locator s' orother suitable moons. Gontractor is responsible for locating air utomi Ines prior to construction. 3. Conto" and spot elevations are to finished grade. 4. Landscape Islands to be backfilled to 4 inches belom top of curb. S. Public streets are to be clean of debris and dirt on a dolly basis. 6. Upon completion of project and establishment of vegetation or GRAPHIC t,��, other surfaces, teirp&" erosion control to be removed. ?. All disturbed areas are to be restored and seeded. Seeded areas— f00 150to be watered as needed for gennud wtion asustaining gross through 2002 gromi g season. PROPOSED LANDSCAPE PLAN, 4 N Attachment 7 .............. ................. ASPHALT PAI&-MENT DESIGN 15' MNDOT TYPE 415 FV-WlNG GONE 15' MNDOT TYPE 32B BASE CAURSE b' MMMT GLASS S BASE 'I Diatoms. to It variable f/E'r 3'r slap• s/a•r 3/,• ar it r It• Mn00T 8612 CONCRETE CURB AREA GALGULATIONSI Total area = i53 acres Ilflpervlous crew = 2.98 aures Lanciscapklg area ! 456 acres l PARKING LAYOI)T, 159 Additlonal atolls 254 Total Stalls (Including II Hand") Restripe existing lot as shown on plan 'JO Future parkkV stalls SITE PLAN LIGHTING Doral Gast Ilght fixtures m1th 25' pole. Omer to select. (Tvi (AND PROPOSED PARKING AND PAVING PLAN) N S GRAPHIC SCALE 1'•50' 0 70 100 170 Attachment 8 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02-14 7:30 p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street) A. Conditional Use Permit Revision B. Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. C. Jackie Monahan-Junek presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kao Lee, representing the church, 2415 Cypress, Maplewood Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood Dick DuFresne, 1721 DeSoto Street, Maplewood Audrey Duellman, 1843 DeSoto Street, Maplewood Dick Friemuith, 1802 Burr Street, Maplewood James Evans, 1796 Burr Street, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Sullivan Kong, member of the Hmong Alliance Church from St. Paul Ge Her, 1391 Bradley Street, Maplewood Ye Her, 1768 McMenemy, Maplewood Christine Le, Member of the Church. Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted Barry Morgan, Master Engineering, 2104 4"' Avenue South, Minneapolis, for the Church Kao Lee, second appearance Kevin Berglund, second appearance Dick DuFresne, second appearance Councilmember Koppen moved to adopt the resolution approving a conditional use permit for the parking lot and playground for St. Paul Hmong Alliance Church at 1770 McMenemy Street. RESOLUTION 02-07-127 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, to add a driveway to DeSoto Street and to add a playground to their property. WHEREAS, this permit allows the church and Sunday school. WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is: Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and except West 167 feet and except East 2.00 feet; the North 4 feet of South 5 acres; being in North 9 10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: L On November 24, 198630 the city council granted a conditional use permit for a church at this location. 2. On June 17, 20021 the planning commission recommended that the city council approve this permit revision, except the addition of the new driveway to DeSoto Street. 3. The city council held a public hearing on July 8, 2002. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not, depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed. streets.. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the pr,servation of and incorporate the site's natural and scenic features into the development design. 10 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, and the proposed playground. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. I Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the driveway to DeSoto Street, the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, including closing the new driveway to DeSoto Street, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot and the new driveway from adjacent homes by planting, berming or both. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to approve the design plans for the proposed parking lot, and playground for St. Paul Hmong Alliance Church. This approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot and the new driveway, provide for staff approval the following plans: a. A revised landscape plan that shows the following: (1) Significant scree=ning and landscaping along the south side of the parking lot and the new driveway tc DeSoto Street in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished v (ith a fence, berming or trees. (2) The use of native turf for the proposed ponding areas with additional landscaping in and around the eastern pond. 11 b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees- in accordance with the woodland protection ordinance. c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that the lighting would not exceed the maximum illumination as allowed by code (0.4 -foot-candles.) at the property lines. d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that is 100 percent opaque. e. A playground layout plan that includes the location and style of playground equipment. 1. Resod the lawn that is disturbed by construction activities. 2. Restripe the driveway onto McMenemy Street to include a turn lane. 3. Construct the required trash container enclosure. 4. Install a stop sign and speed bumps on the new driveway to DeSoto Street. 5. If any required work is not done, the city may allow temporary occupancy if : a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 8. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to deny the driveway access onto DeSoto Street. Seconded by Councilmember Collins Ayes -All Denial of driveway request is because of concern that DeSoto is not currently designed/built to .carry additional traffic. When improvements are planned and completed on DeSoto Street, the church could then make a request for an access. City Manager Fursman noted that if additional design features are made for the McMenemy entrance, those could be bought back to the staff for modification. 12 Agenda # MEMORANDUM TO: Richard Fursman, City Manager Action b Coun cH FROM: Shann Flnwall, Associate Planner Y SUBJECT: Conditional Use Permit Review — Gary Schlomka's Oversized Ac HaPe! 0 ry -_ Structure Endorsed LOCATION: 1481 Henry Lane Moefi fled DATE: July 14, 2003 Rejected INTRODUCTION The conditional use permit (CUP) for Gary Schlomka's oversized accessory structure is duefor review. This CUP allowed Mr. Schlomka to construct a 48 -foot by 66 -foot (3,168 square foot), 18.5 -foot high metal pole barn on his residential property at 1481 Henry Lane. CODE REQUIREMENT Section 36-77 (accessory structures) states that the maximum size allowed for a detached accessory structure on a lot over 42,000 square feet is up to 1,250 square feet in area and 16 feet in height. Mr. Schlomka's lot is 30.20 acres in area. The city council must approve a CUP for accessory structures larger than this. Section 36-445 states all- CUPs shall be reviewed by the city council within one-year of the date of initial approval. At the one-year review, the city council may specify an indefinite term or specific term, not to exceed five.years, for subsequent reviews. The city council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. BACKGROUND May 28, 2002, the city council approved Gary Schlomka's request for a CUP to construct an Oversized accessory structure on his residential property at 1481 Henry Lane. The CUP was approved with five conditions as specified on pages 4 and 5. DISCUSSION The City of Maplewood's building department did a final inspection on the oversized accessory structure on August 16, 2002, and found that Mr. Schlomka's pole building meets all building code requirements. A condition of Mr. Schlomka's CUP -was that he remove five detached accessory structures and clean the site of all old automobiles and other junk items within two years of the original CUP approval (May 28, 2004). Over the last year, Mr. Schlomka and his son have removed truckloads of junk items,- including old vehicles, which were abandoned over the years by Mr. Schlomka's parents and grandparents. Once the five above-mentioned accessory structures are cleared of all junk items, Mr. Schlomka will remove them as required. RECOMMENDATION The city council should review the conditional use permit for Gary_ Schlomka's oversized accessory structure at 1481 Henry Lane again in one year to ensure compliance with all required conditions. p:sec24-28\1481 Henry Lane Attachments: 1. Location Map 2. Site Plan I CUP Conditions Dated May 28, 2002 Attachment I Location Map It 2 Ln Attachment 2 -will ILM.Woo N E ko � -5 --r - Site Plan 3 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 1. 7:00 Conditional Use Permit -Oversized Accessory Building (Schlomka)-1481 Henry Lane a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. . Commissioner Rossbach presented the Planning Commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Larry Schlomka, 1481 Henry Lane, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approving a conditional use permit for the construction of a metal pole building that would measure 48' -feet by 66-feet(3,168 square feet) and 18.5 feet in height for the property at 1481 Henry Lane: . RESOLUTION 02-05-095 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gary Schlomka is requesting that City of Maplewood approve a conditional use permit to build a 48 -foot by 66 -foot, 3,168 square foot, and 18.5 -foot high metal storage building storage building on his property. V;HEREAS, this conditional use permit applies to the property at 1481 Henry Lane. The property identification number is 24-28-22-31-0017 and the legal description is: Section 24, Township 28, Range 22, Except the North 500 feet, part lying 22. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 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 approved 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 4 with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4.. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. S. 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 prior to resuming construction of the pole barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago. 4. The pole barn shall not be used 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. 5. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes -All 5 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Conditional Use Permit Review LOCATION: 1820 Van Dyke Street PROJECT: Goodrich Golf Course Clubhouse DATE: July 14, 2003 INTRODUCTION Agenda.# Action by Council Date Endorsed cd. Pied Rejected i The conditional use permit (CUP) for the Goodrich Golf Course clubhouse, 1820 Van Dyke Street, is due for review. The CUP was required for this building expansion. Refer to the maps on pages 2-4 and the city council minutes starting on page 5. BACKGROUND On July 10, 2000, the city council approved the following for this project: 1. A CUP to expand a public building. Section 36-437 of the city code requires a CUP for a public service or public building uses in any zoning district. 2. The building design, site and landscape plans. On July 9, 2001 and July 22, 2002, the city council reviewed this CUP and both times moved to review the project in one year. DISCUSSION The county has completed this building expansion and all of the required site work and landscaping improvements. There is no need for future reviews of this CUP unless the applicant proposes a change to the golf course or building. RECOMMENDATION Review the conditional use permit for Goodrich Golf Course clubhouse at 1820 Van Dyke Street again if the applicant proposes a change to the golf course or building. p:sec14/goodrich.03 Attachments: 1. Location Map 2. Property,Line/Zoning Map 3. Site Plan 4. July 10, 2000 City Council Minutes AVE. GER1►/11S ! 4 'e6 it OERVAIS � AftMVNE1N AVE. CT' VMOw OR. �r � SFIERRD�1 AVE. � � AVE.CI�Si1F AVE. e,�. � COPE AVE AVE � G IJWIC � AVE � � � � WNL N0. LAURi I�arww�RD.LLAUURE txw B iii a $ ACO. RD. � � 8 B17R� AVE/NIE � � 0Utl� 11t1E- LIL � fl.DR D6'E AVE ado OftBELMONT AVE. a N+ SIaLMAN AVE IWlIiIS AVE ROSEWOOD AVE K D AN AV. � AVE "ro$064ND �i ' AVE6LpyiAY E' � f� SU AVE MM 4F- MFUV WF HWA AVE PRIM 7 �:�l LOCATION MAP 2 Attachment 1 NORTH SAINT PAUL A Z 4. ' M PLEY Av 4 AVE MCKNOW W Ji. vE cG tEeRAsiu �'�' Attachment 2 i to I A O ui (y <. V _ .581 RAMSEY COUNTY — GOLF COURSE 1 i 0 ALDRICH RAMS ARENA -� N Q i 090 35 GOODRICH GOLF COURSE f� CLUBHOUSE GOODRICH w F DOME GOLF ° m 6o. 4 •: •.A!' obi FV 4 � , . SOUTH P �' •; � 2 12dn 3 in $ / CHIN �d 4 ��a w ISLAND L x 14 5 13 ac 0\ �j31 . .. ,. .. • . tO) j f5 Z. (�3) I %4j (�S) (iso) �'1) N N SINGLE DWELLINGS 9 10in " 28 27 26,7 26 24 23 22 21 20 19 18 -. 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' '• ADDITION so ADDITION r' ,. - Q�1/ j 41Fr ' TANI 30-0 78 � 1, _ �{_ %1� r • /, tib/ /1 O Ai.1 976 � /IIS` ; il� {jl ,. 1 � 's•1 S- Iti. ,z11a,/ 1 a� j { 47 • 972 r I i, •iz \ , r U. .,� Tr / I ® T -- — —�j NEW ACCESSIBLE CART PATH - •-' 0 LESS THAN 1: 20 MAXIMUM SLOPE SITE PLAN 4 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 10, 2000 Council Chambers, Municipal Building Meeting No. 00-14 H. PUBLIC HEARINGS: 1. 7:00- P.M. Goodrich Golf Course Clubhouse (1820 Van Dyke Street) A. Conditional Use Permit B. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. C. Community Development Director Coleman presented the specifics of the report. d. Commissioner Dale Trippier presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Kevin Finley, Director of Operations, Ramsey County Parks &Recreation f. Mayor Cardinal closed the public hearing. 3 5 A. Conditional Use Permit Councilmember Wasiluk introduced the following Conditional Use Permit Resolution for the Goodrich Golf Course and clubhouse expansion at 1820 Van Dvke Street and moved its adoption: RESOLUTION 00-07-073 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for the Goodrich Golf Course and to add onto the clubhouse. WHEREAS, this permit applies to the property located at 1820 Van Dyke Street. The legal description is: SECTION 14, TOWNSHIP 29, RANGE 22, SUBJECT TO STREETS AND AVES AND EASEMENTS AND RIGHTS-OF-WAY AND- EXCEPT PART OF N 1/2 OF SW 1/4 SOUTHEASTERLY OF NORTH ST. PAUL ROAD AND SOUTHWESTERLY OF HAZEL STREET AND EXCEPT THE WEST 810 FEET OF NORTH 1/20F SOUTHWEST 1/4 AND EXCEPT THE WEST 810 FEET OF THE SOUTH 235 8/10 FEET OF SOUTH 1/2 OF NORTHWEST 1/4 AND EXCEPT THE WEST 870 FEET OF THE SOUTH %2 OF THE _ NORTHWEST 1/4 LYING NORTH OF SAID SOUTH 235 8/ 10 FEET THE NORTH %2 OF SOUTHWEST 1/4 AND SOUTH 1/2 OF THE NORTHWEST 1/4 ALL IN SECTION 14, TOWNSHIP 29, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: 1. On June 19, 2000, the planning commission recommended that the city council approve this permit. 2. On July 10, 2000, the city council held a public hearing. City staff published a notice in the- paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 6 4 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant must begin construction within one year after the council approves this permit or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall plant 24 trees along North St. Paul Road. The tree plan is subject to staff approval. Seconded by Councilmember Koppen Ayes - all B. Design Approval Councilmember Wasiluk moved to approve the architectural and site plans date-stamped May 26, 2000 and the landscape plan dated June 13, 2000 for the Goodrich Golf Course Clubhouse addition, subject to the findings required by the city code. The developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 7 5 2. Submit a grading, drainage and erosion control plan to the city engineer for approval prior to getting a building permit. 3. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes - all MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit PROJECT: Liberty Classical Academy LOCATION: 1717 English Street (Lake Phalen Community Church) DATE: July 9, 2003 INTRODUCTION Project Description Agenda # Action by Council Date Endorsed Modified Rejected J �J Ms. Kathy Smith, representing Liberty Classical Academy, is proposing to open an elementary (grades K — 8) school for up to 60 students. The proposed location for this school is in the existing Lake Phalen Community Church at 1717 English Street. (See the location and property line maps on pages 6 and 7 and the maps on pages 8 - 10.) If successful,, the school- would eventually serve grades K — 12 (as the children get older and progress through school). Request To have the school in this location, Ms. Smith is asking that Maplewood approve a conditional use permit (CUP). The Maplewood City Code requires a CUP for schools in any location. (Refer to the applicant's statement on page 5.) BACKGROUND The church previously had an elementary school (grades K — 8) in the existing building between the years 1978 —1985. This school had up to six classrooms with an average of 15 students per room. DISCUSSION The proposed school meets the city's findings of approval for a conditional use permit. As proposed, the school would lease three classrooms and the fellowship hall in the lower level of the church for their functions. With 3 full-time and 4 part-time staff and up to 60 students, the existing parking lot should be adequate to handle the parking' needs of the school and the church. There are about 80 total parking spaces with about 60 in the tots to the south of the building and the others behind (to the west) of the building. Traffic A concern of three of the neighbors near the site is the increase in traffic the school would bring to the area. The city designed and built English Street as a collector street. It currently carries about 4,000 vehicles per day between Larpenteur and Frost Avenues and about 6,000 vehicles per day between Frost Avenue and County Road B. In the area by the church, English Street has two traffic lanes and a striped parking lane on each side of the street. City staff estimates that the school, with a maximum population of 60 students (if approved by the city), would add up to 150 vehicle trips per day to English Street. These trips would be divided primarily between the morning and the afternoon as parents drop off and pick up the students. The city engineer told me that this proposal would not cause traffic problems or add enough traffic to exceed the capacity of English Street. Life Safety and Building code Concerns Jason Menard, a neighbor living at 1706 English Street, expressed several concerns about the proposal. (See his letter on pages 12 and 13.) These include traffic, the size of the facility and life safety and building code concerns. As Ms. Smith noted in her statement, she has met with Butch Gervais, the Maplewood Fire Marshal, and David Fisher, the Maplewood Building Official, about this proposal. Mr. Gervais and Mr. Fisher provided Ms. Smith with information about their initial concerns. In addition, they have provided me with additional review comments that 1 have noted below. Butch Gervais had several comments about the proposal. They include having the address on the building and upgrading the fire protection and emergency lights and exits for the school. (Please see his project review comments on page 14.) David Fisher, the Maplewood Building Official, also has comments and collections that the school and church will need to address. They include meeting the requirements of the accessibility code (parking, providing access routes and possibly changing the bathrooms) and meeting the code standards for exiting from the building. Mr. Fisher noted that Ms. Smith has been in contact with the city and is working with city staff to resolve these issues. It is important to note that the city will require building permits for any remodeling of the existing space and That the city will not allow the school to occupy the building until the minimum life safety and building code standards are met. In addition, one should remember that the school is asking for a land use approval and that building code and life safety issues are typically reviewed and handled by city staff after the city council acts on the conditional use permit request. Furthermore, the city council would annually review the conditional use permit to check on the school, its compliance with the conditions and any issues or matters that may arise. COMMISSION ACTION On July 7, 2003, the planning commission recommended approval of the proposed CUP for the Liberty Classical Academy. RECOMMENDATION Adopt the resolution on pages 16 and 17. This resolution approves the conditional use permit for the Liberty Classical Academy to operate a school in the church building at 1717 English Street. Maplewood bases this permit on the findings required by the code and subject to the following conditions: 1. The school use shall follow the plans dated June 6, 2003, 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 60 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school _ occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 2 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required Fife safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. 6. The city council shall review, this permit in one year. CITIZENS' COMMENTS City staff surveyed the owners of the 40 properties within 500 feet of the site of the proposed school. Of the eight replies, two were for the project, two objected and four had comments or concerns. For 1. We are in favor of a new school at 1717 English Street. They had a school in that church a few years ago and it all went well. We even invited one class to come over to our yard for a picnic. (Olsons —1717 Duluth Street) 2. We approve of Liberty Classical Academy in our neighborhood and welcome them. (Walton —1740 Atlantic Street) Opposed 1. The school plans (according to their website) is going to charge $6,500 per student. We object to their running a profitable operation out of atax-exempt building. In addition, the increase in traffic is not something we want in the neighborhood. The school is planning a strictly Christian worldview. My husband and I do not feel it is appropriate for the city to provide any assistance in its establishment. (Manzella — 1741 Atlantic Street) 2. Please see the letter from Jason Menard on pages 12 and 13. Comments/Concerns/Questions 1. The new school will increase traffic and an -street parking. Zoning change will effect property value. No sidewalk for safe pedestrian travel. Will the homeowners have to pay for a new sidewalk? (Mustain —1756 English Street) 2. This would not benefit my family whatsoever. I do not want my taxes going any higher. Do not need any more traffic on the street. (Ash — 1699 Atlantic Street) 3. Will it be a year-round school? How many students will be enrolled in future years? Will there be playground equipment installed? What will be the style of teaching? What charter will the school be under'? (Hughes — 1705 Atlantic Street) 4. For additional comments and concerns, see the letter from Robert Meyers on page 15. 3 REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.6 acres Existing land use: Existing church building and parking lot SURROUNDING LAND USES North: Single dwellings South: Single dwellings West: Single dwellings across Atlantic Street East: Single dwellings across English Street PLANNING Zoning: R-1 (Single dwellings) ORDINANCE REQUIREMENTS Section 36-437(3) requires a CUP for schools. Section 36-442(a) states that the city council may approve a CUP, based on nine standards. See numbers 1-9 in the resolution beginning on page 16. APPLICATION DATE We received all the materials for a complete application for this request on June 6, 2003. State law requires that the city council act on requests within 60 days. The council must act on this request by August 4, 2003, unless the applicant agrees to a time extension. p:sec16/LCA 1717 English st.cup Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line/Zoning Map 4. Area Map . 5. Area Map (Enlarged) 6. Site Plan 7. .School Floor Plan 8. Letter from Jason Menard dated 6-20-03 9. Project Review Comments from Butch Gervais 10 Letter from Robert Meyers dated 6-23-03 11. Conditional Use Permit Resolution ki Attachment 1 June 6, 2003 Dear Maplewood City Council Members: . We are presenting a proposal for a Conditional Use Permit for Liberty Classical Academy. Liberty Classical Academy is a small private school of approximately 20 students. Our mission is to equip students of all backgrounds to grow in wisdom, excellence and purpose by offering an education based on the highest academic standards grounded in a strong classical tradition from a distinctively Christian Worldview. LCA would like to rent 3 classrooms and the fellowship hall from Lake Phalen Community Church located at 1717 English Street, Maplewood, MN. We would rent the space Monday through Friday from 7:30-3:30 and the church would continue as it is now. We are expecting the first year to have 20 students and 3 staff. There will be no busing, but car- pooling is encouraged. We are aware of space regulations and will only allow 20 students in a classroom. That will cap our school size to 60 students while in this facility. During the week of May 12 I handed out a basic information sheet with my contact information to the neighbors. I invited the adjacent neighbors to voice any questions, concerns and to find out about the school. I have attached that letter. Pastor Bob Highley and I will be visiting the 119 neighbors that are within the 500 feet of the property during the months of June and July to answer any questions and to receive concerns and thoughts. We highly respect the surrounding neighbors and want to make sure they are aware of the changes happening in their neighborhood. When I called Maplewood city offices I was assisted by a very helpful Ken Roberts who conected us with David Fisher and Butch Garvais who agreed to take a brief look at the facility -and advise us on updates that would need to be made. On April 8th they toured the facility and shared with us a few of the things that will be needed before we can have a school in this building. It was a very informal meeting so we are aware that there are more things required, but from their suggestions we have devised the following plan. • We are planning to update the Life Safety by getting a system that is connected and monitored by a central station by September of 2003. We have had Synplex Granell, MN Conway, Current, and Olson Fire Protection give us a bid and we will continue to investigate how to accomplish this within our budget. Unfortunately, many of the contractors are scheduling months out and we may be unable to get the life safety in by September, but we will get it in as soon as the contractor is available. • We will also be putting in a main line for a sprinkler system following our third year (2006) of operations and sprinkler branches the fourth year (2007). • Lever handles will be on all doors for school use by September and work will be started in the bathrooms to remove stall walls, move toilets and any other changes that are needed to comply with accessibility. • Push doors will also be installed on all the exit doors that lead from the school area. • We are also expecting other updates that will be required and will plan those as they arise. • Steps are also being taken to get the correct licensing and requirements needed by the state. We have met with the church leaders and members and they have agreed to pursue this arrangement, but we are fully aware of the approval that is needed from you, the City Council. If the City Council does approve our request we could assist Lake Phalen Community Church in updating their facility and improving a Maplewood building. On behalf of a Maplewood parent it also gives the option of a classical Christian education that is open to all students regardless of their faith background. It is also ourg oal to be one of the top private academic schools in the Twin Cities and it will be connected with our town, Maplewood. An example being, "Have you heard about the new school Liberty Classical Academy? Oh yes, the one in Maplewood!" It would also provide employment opportunities for teachers and opportunities for families to patronize Maplewood stores because of the school's location. I, as a Maplewood resident, feel it would be an additional improvement to an already excellent town. Thank you for taking the time to review our application. APPLICANT'S STATEMENT 5 Attachment 2 , LLI COUNTY ROAD C W ylL��T,Op_ ®o Ko,n 3 Pwk c• FoPALM In ? CT. - zn CSR NOR w 5 3 Cr W z EDGE CON NOR m w CONNOR Cd�'� AVE• > AVE. v DEMONT AVE _ CT r' DEMO AVE- �� w /H� BROOKS AVE. BROOKS CCS AVE. S,O BROOK -1 o o TANT z .4 W Q , SEX - ` a 3 AVE.s aia o SEXTANT AVE. �c oc o zz + W I GERVAlS AVE.}. GERVAIS w NOW GRANDVIEW v AVE. z BURKECr. ;E 1AV A!"F ;E AV KENW OOD LN. f pKyy. Y . ,4 VIKING SHERREN AVE. D R. r Knui.ik a Head Lake � COP COPE AVE. 1-: Cn _� i. s Kelley i`.=`; # _ LARK:5 CT. v � �, , h �n LARK :3 AVE d �- r �tT R - v �n o _ A = _ Lake � o Co.VE" RD. cn c� LAURIE RD* Zsbe��ood oN LAURIE - z RD. -; a► LEALAND RD i; o SANDH QRST �z AVE u. z = ` yr :F JUNCTION AVE. w z ma-ft�• B to W 0 Y CO. RD. a_ ABUMm BURKE AVE. o ,� BURKE AVE. 0 3 W ,�;y: •Round �1 Yom. �t 114 =.t 61 �� PT UL Qv lbfp qR. ELDR IDGE AVE. 3 ,John Glom L.N. w O�RSEn AVE. BELMONT AVE. I ��• 0fC SKILL � AV E. Gatew K R SKILL MAN AVE. HARRIS AVE. SHS ROSEWOOD AVE. N. CYAN U Ro� a d �l ROS EW00 D o AN AV. Ate- _-•- AVE. S. J Tamil f-- �- � a a - FROST E: - z AVE. w El w W FE NTON AVE. z >- p Q z Glaeber 'n wWAV E. 0 U SU MMEJ AVE. Q 3 w �c SU M1 R - GOR DON FRISBIE AVE. °C w . it = Q S a. 3 en PY F-- O,P RIP LEY - G-,%-Wakefielc!J; z SO PH IA oCrFn �O ` LakeM z z `s '4 z v 0 HIA AVE _; z g Lakey '`; '-._ �•¢ t -- =i z Zw PRICE J ` . - y Phalen 4` o a r y _ i LARPENTEUR AVENUE -SAINT PAUL LOCATION 'MAP Attachment 3 PROPERTY LINE / ZONING MAP Frisbie Ave 0 0) r-tft Rinlev Ave 1246 1254 1260 1266 1274 1280 1286 1294 q � o❑ D � a Q x-7$1 1749 i 71 I 17E F7 4747 F El @9 1�C3 El 1731 1717 SITE 1699 ,- 1697 El 125111255112557 1261 1 L 1685 Larpenteur Ave SAINT PAUL AREA MAP I 18 18 1 dM El J Ripley Ave mt 4 772 1766 1758 1750 1742 1734 1726 1720 1714 1708 1702 i AREA MAP (ENLARGED) 9 4 N •t t� w . .'• `,-i..,�t•- •�-.-,t• "� •_:,.moi; �:. '.` : �' � �� �. : .� � I. _ • ��'.Tt=h. amu+....- , • j. i t • #iYf r K ,wt SITE PLAN 1 o low Y4 i � 'tet .. "•i`T_ i� i SITE PLAN 1 o Attachment 7 . 1 8 1 I L (DD -,C L f� v v o I o CD _ t I V at 6.�— CL 0-) 14 t j Liberty Classical Academy SCHOOL FLOOR PLAN 11 Ii N Kenneth Roberts Associate Planner Office of Community Development 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Roberts, Attachment 8 20 June 2003 1706 English Street Maplewood, Minnesota 55109 .4r i JUN 2 3 26WU0 -W am low I" am Ow � ow I am writing regarding the proposed conditional use permit for Liberty Classical Academy (LCA) on the, premises of the Lake Phalen Community Church. We live at 1706 English Street, directly across the street from the church, and we oppose the approval of the permit, for a variety of reasons. English Street is already quite busy. A school on this street will increase the high level of traffic on what is largely a residential street, especially between Ripley and Larpenteur Avenues, where they propose to locate the school. Though LCA proposes to begin with 20 students in their first year, they also propose to eventually have up to 60 students in a relatively small facility with limited access from the street. Regardless of the size of the student body, the school will produce more traffic, more noise, and more disruption of our residential neighborhood. And should the school change its mind and choose to allow busing, the traffic and noise problem will become worse. The lot is zoned Residential,. and the school will impact all of the properties in the area. Lake Phalen Community Church really isn't all that big. According to their school floor plan, they propose to squeeze K and first graders in one room, second through fourth graders in another, and fifth through eighth graders in a third, with a lunchroom and gym the size of two classrooms. This would mean that there are three grade levels in each classroom, with -the exception of the kindergarten and first graders, where there are two in one room. Moreover, the school would have no kitchen facilities for hot lunches, and no playground facilities. The church does have a large lawn and parking lot, but the lawn is not fenced in, and there is no playground equipment. Such an arrangement cannot help but impact the quality of education despite the best of intentions. With an eventual population of 60 students, LCA will likely find the arrangement of facilities at the church wholly unmanageable, and indeed; may find the conditions stifling much sooner than that. According to the Applicant's Statement dated 6 June, City officials informed LCA of some, but not all of the improvements to the Lake Phalen Community Church facilities: o The fire monitoring systems were found to be inadequate. Though LGA has taken bids to correct the problem, they mention that they may not be able to have the issues resolved before. September, when they propose to begin operations. Proper fire safety should be a sine qua non school operation, yet n���' 12 SUN they hope that they may be able to maintain children in the building without lt.. o Along with the inadequate fire monitoring systems, they do not propose to install fire suppression sprinklers until 2006, with the system incomplete until 2007. Thus the school proposes to operate with a growing number of children each year with inadequate fire systems until 2007. o LCA, according to their statement, have not yet obtained state licensing to operate the school, yet they are asking the city for a conditional use license to operate one before state licensure. Between the inevitable noise and traffic the school would cause, along with the inadequate safety systems that won't be corrected until 2007, it seems to us that the school should look for a better location, one where the impact of school traffic will be less noticeable, where safety facilities (such as fire suppression and monitoring) are already in place and to code, and where three grades won't be forced to share the same classroom. ours Since ly, J on iVlenar 1 06 English trees 13 Date: From: Project: Planner: Comments: Project Review Comments June 13, 2003 Butch Gervais, Fire Marshal Liberty Academy Ken Roberts Attachment 9 • Ensure proper addressing on the building. • Early warning fire protection (smoke detection per -code and monitored) required by opening. • Installation of fire protection system (sprinklers per -code and monitored) we have talked with Kathy Smith (representative of the school) and she understands that the city will work with them on setting up.a program to get the sprinkler system installed. It is the same type of program we have used with other schools. • Emergency lights and exits signs all shall be working properly 0 All doors and hardware shall be in proper working condition 14 Attachment 10 June 23, 2003 Mr. Kenneth Roberts, Associate Planner City of Maplewood 1830 East County Road B JUN 2 7 Maplewood, luau 55109-2797 R E C E d V E D Dear Mr. Roberts: After reviewing the application from Liberty Classical Academy, my wife and I have the following concerns regarding the proposed school. • Increased traffic noise. + English Street is already a very busy street, especially since the City of Maplewood allowed the MTC to run on English Street. we don't need any additional traffic. This school would bring substantially more traffic to an already too busy street. • We live in a relatively quiet neighborhood (excluding traffic noise). Adding the playground and other activities associated with a school would change the quiet. • What happens when school exceeds 60 students? • . I didn't see any plans for a fenced in playground! 9 rids that walk to school have a tendency to walk on lawns or through yards. • In the "Applicant's Statement" it was stated that during the week of May 12 a basic information sheet was passed out to the neighbors. We never received this information nor did our neighbors that live closer to the church. • Finally, and probably most importantly, the possible danger to students due to excessive speed that frequently occurs on English Street. The stop sign at Ripley and English was set to discourage racing on the street; however, on any given day or night the "English 500" is going. Please keep the English Street residents advised as to how this plan will or will not progress. Sincerely, X'obert A. Meyers 1747 English Street Maplewood, MN 55109 15 Attachment 11 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood approve a conditional use permit for a school to operate in an existing church. WHEREAS, this permit applies to the property at 1717 English, Street. The legal description is: The North 262 feet of the South 531.5 feet of the East %2 of the SE 1/ of the SE '/, subject to streets, in Section 16, Township 29, Range 22 (PIN 16-29-22-44-0021) WHEREAS, the history of this conditional use permit is as follows: 1. On July 7, 2003, the planning commission recommended that the city council approve this permit. 2. On July 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city -approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare,smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development .design. 9. The use would cause minimal adverse environmental effects. 16 Approval is subject to the following conditions: 1. The school use shall follow the plans dated June 6, 2003, 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 60 students. .4. The property owner or manager shall sweep and stripe the parking lot before .the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped .accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. 6. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on , 2003. 17 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JULY 7, 2003 VI. NEW BUSINESS a. Liberty Classical Academy Conditional Use Permit (1717 English Street) Mr. Roberts said Ms. Kathy Smith, representing Liberty Classical Academy, is proposing to open an elementary school for up to 60 students. The proposed location for this school is in the existing Lake Phalen Community Church at 1717 English Street. To have the school in this location, Ms. Smith is asking that Maplewood approve a conditional use permit (CUP). As proposed, the school would lease three classrooms and the fellowship hall in the lower level of the church for their functions. They will have 3 full-time and 4 part-time staff and up to 60 students. Their goal is to have 20 students starting school in the fall. Commissioner Trippier asked if the rules were the same between a school and a church as far as noise generated? He asked when the city zones a piece of property for a church, are there things that are different if the city zoned it for a school for example? Mr. Roberts said all schools and churches can be approved by a conditional use permit so each is treated the same but looked at on an individual basis as such the conditions for each are set by the city council. Commissioner Trippler asked why staff did not require a fence to be installed for the safety of the students? Mr. Roberts said he did not think the city required a fence to be installed at any other school and if a problem developed, through the conditional use permit review a fence could then be added. Commissioner Dierich asked if the sprinkler system is a requirement of the church and if that was going to affect the conditional use permit for the church? Mr. Roberts said the church does not have a conditional use permit because the church was there before CUP's were required. Commissioner Dierich asked if egress windows were required in the basement since it is going to be a school? Mr. Roberts said there are exiting requirements that deal with doors and hallways but the details are left for the building official and the school officials to work out. Commissioner Dierich asked if 2007 was the date the sprinkler system had to be installed and completed? She said that seemed an extensive time frame to have a sprinkler system complete for 20 children in that space. Mr. Roberts said in the applicant's letter on page 6 of the staff report they discuss the installation of the sprinkler to be started in 2006 and be completed by 2007. Commissioner Dierich asked if there was a chance the city could require the applicant to have the sprinkler installation done sooner for the safety of the children? Mr. Roberts said the fire marshal and the building official are requiring changes with door hardware and other items. He said the time frame of 2006-2007 is to have the church and the school space sprinklered to meet current code, so it is not just the school itself that would take that long to have the work completed. Chairperson Fischer said she read in the staff report that there was a school in this church years ago and she wondered if staff had any information about that school and why it was no longer there? Mr. Roberts said he would let the applicant address the issue of the former school. Chairperson Fischer asked the applicant to address the commission. Ms. Kathy Smith, representing Liberty Classical Academy, 1964 Price Avenue, Maplewood, addressed the commission. Chairperson Fischer asked the applicant if she had any concerns about the staff report? Ms. Smith said no she did not. She said the school worked with the Maplewood Fire Marshal, Butch Gervais, on the sprinkler system and it the fee of $20,000 to complete the sprinkler system is what is holding the work up from being completed. She said the school needed to collect more money in order to be able to afford the work to be done. She said they will be putting in a life safety system, which will be monitored outside of the school by the start of school. Mr. Roberts asked the applicant to comment on the previous school history. Ms. Smith said she recently found out there was a school there from 1978 to 1985 and if there are any questions regarding the school, the pastor and a former student are here to speak. Commissioner Trippler asked if the school has any plans to install afence so the children don't run out onto English Street? Ms. Smith said the door to the school is the back door of the church, which leads to the open field area so they won't be entering or exiting the school from the front door which is why the fence is not an issue of safety for the school. Commissioner Desai asked where the children would be playing? Ms. Smith said the children will be playing outside but most of the time will be spent inside the school. Commissioner Desai asked what about playground equipment for the children to play on? Ms. Smith said there is not a playground at this time but they are waiting for approval from the city council before they put the money into that. She said the decision regarding what kind of playground and how much it will cost is between the church and the school. Commissioner Desai asked if this was a year-round school or would it be on the same school schedule as the public schools? Ms. Smith said their school would run on the same 36 -week school schedule as the public school system. Chairperson Fischer asked if anyone else wanted to speak regarding the school? Pastor Bob Highley, Lake Phalen Church, 1717 English Street, Maplewood, addressed the commission. Pastor Highley introduced Allan Franz, a former student from the former school. Pastor Highley said the former school used the upstairs as well before code issues came up. There was an old playground setup on the south side of the property that has since been removed. Pastor Highley said the school closed down because of the financial burden on the church. There were six classrooms with approximately 15 students per classroom for grades K-8. Commissioner Pearson moved to adopt the resolution on pages 16 and 17 of the staff report. This resolution approves the conditional use permit for the Liberty Classical Academy to operate a � school in the church building at 1717 English Street. Maplewood bases this permit on the findings required by the code and subject to the following conditions: (deletions have a strike through them). 1. The school use shall follow the plans dated June 6, 2003, as approved by the city. The director of community development may approve minor changes. 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. 2. The school shall have no more than 60 students. 3. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 4. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: 5. The required fire protection (sprinkler) systems. a. An early warning fire protection system (smoke detection and monitoring). b. Additional emergency lights and exit signs (if necessary). c. Updated doors and hardware. d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. g. The city council shall review this permit in one year. Commissioner Monahan-Junek seconded. Ayes — Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion passed. This item goes to the city council on Tuesday, July 22, 2003. TO: FROM: Richard Fursman Parks and Recreation Director Bruce Anderson DATE: July 17, 2003 Bid opening on Thursday, July 17, 2003, report to follow. AGENDAIIMM NO. Action by Council I Date Endorsed NI0a,1fi d ReiCCL:d 41, Agenda TO: MEMORANDUM Richard Fursman, City Manage FROM: Bruce K. Anderson, Director of DATE: July 21, 2003 for the July 22, 20 SUBJECT: Maplewood Community Center Introduction The Maplewood Community Center was completed in October 1994. During the past nine years, the community center has experienced over four million visitors. The original lockers that were specified and installed were metal and are currently in poor condition. Staff has developed specifications for a solid plastic locker system with state -of -the -art -ergonomic handles and a coin return lock system. Bids were opened on Thursday, July 17. Background The Maplewood Community Center currently has 256 lockers between the men's, women's and family locker rooms. The lockers are in very poor condition. The lockers are rusted, bent, and many of the lock systems do not work. The C.I.P. has $75,000 budgeted to replace lockers. The city developed specifications after researching numerous locker systems and recommended the Lenox locker system which we believe is the premier plastic locker on the market. The Lenox locker system has been in existence for over 30 years and the proposed system has a 20 -year full replacement guarantee. The solid plastic locker will not rust, warp and has a greatly improved fixed lock system. We opened bids on Thursday, July 17 and received one bid from the local Bartley Sales Company. The bid was in the amount of $100,980. Bartley Sales reps both Santanna lockers and the Lenox locker system.. The Lenox locker system is a superior system to the Santanna locker system. Bartley Sales has forwarded correspondence to indicate that the city would have the choice of either the Santanna locker system and/or the Lenox locker system. Staff recommends that the low bid of $100,980 be accepted for the Lenox locker system. The bid of $101, 000 is $26, 000 over budget. Staff recommends that the park development fund be utilized for the bid overage. There are adequate funds in the park development fund for this project. Staff believes that replacing lockers at the community center is our number one priority within the city park system. Staff continues to maintain that the community center should be looked at as our largest indoor park and the usage that the community center justifies the expenditure of $261000. Staff contacted representatives as to why we did not get additional bids. There were two reasons provided. The first was that Bartley Sales is the local regional locker representative and reps believed they could not compete with their bid price. The second response we received was that the companies outside of Minnesota had difficulty getting bid bonds for Minnesota. Although staff is not pleased with receiving one bid, I believe after researching and speaking with Bradley Sales, which is the owner and manufacturer of Lenox lockers, that the bid is a good bid and they meet the specifications. We did receive quotes in 4/02 and the costs were $100,000 without installation. One issue that comes into play is installation. The community center will be closed the first two weeks of September for its annual cleaning and repairs. The entire bid process was centered around this installation and Lenox is able to turn around the construction, installation and removal during the next six weeks. There are two additional options that council has. The first is to reject bids and not install the lockers. The second is to go out for quotes and just do the men's locker room and keep the cost under $50,000. The men's locker room is in the poorest condition of the locker rooms. Recommendation Given all -of the factors involved in this issue, staff believes that the best option is to award the bid to the local representative of Bartley Sales in the amount of $101,000 with $26,000 being allocated from the park development fund and $75,000 from the Maplewood Community Center fund. kdVockers2ncc 2 07/21/93 MON 10:47 FAX 952 929 4733 BARTLEY SALES AR ____Lhy Steles Company -Inc. 6509 CAMBRIDGE STREET MINNEAPOLIS, MINNESOTA 55426 -4401 BUILDING SPECIALTIES P.O. BOX 26038 PHONE (952) 929-0001. Since 1928 FAX' (952) 929-4733 July 21, 2DO3 MR BRUCE ANDERSON CITY OF MAPLEWOOD 1830 EAST COUNTY ROAD S MAPLEWOOD MN 55109 RE: MAPLEWOOD COMMUNITY CENTER LOCKERREPLACEMENT -MAPLEWOOD VIN NIR ANDERSON: CONFIRMING THE INFORMATION DISCUSSED IN THE POST BID INTERVIEW FOR THE ABOVE REFERENCED PROJECT: i) SARTLEY SALES CAN PROVIDE EITHER LENNOX OR SANTANA LOCKERS FOR THE AMOUNT OF OUR PROPOSAL 2) NEW COIN RETURN LOCKS ARE INCLUDED IN OUR BID PLEASE C TACT ME SHOULD YOU HAVE FURTHER QUESTIONS OR COMMENTS ON OUR PROPO . S)ERE BA TLE SALES COMPANY INC DAVID MORIN DM/rys wi Uv 1 0 4 ,.' Z 3 / 0 y 13:55 FAX 651 731 9"767 JAIK SALES COMPANY Date. -4/23/02 h'N cJ JMK Sales Co., Inc. 7933 Woodpark Blvd. Woodbury, MN 55125, Phone (651) 731-36091 Fax (651) 731-9767 1-800-584-9453 Santana Locker Quotation Quote # L40279 P ro-ect Name: Maplewood Community Ctr. Location: Maplewood, MN DescriLtion= Notes'. 181 --12" x 15" x 72" (1 tier) Lockers = pre -assembled 75-12 PF x 1531 x 72" 2 tier ) Lockers = pre -assembled All lockers '/V material throughout Sloped tops Slotted doors End panels and trim included in price No bases Coin operated with coin box locks *** Coin operated locks are to be drilled and installed In the field. All locker doers are prepped to accept locks_ Quote as follows: Material only $91,392-00 6.5 % Sales Tax $5)940-48 Freight $2,600.00 Removal of existing Eby others Installation of new $by others Grand Total $9,932.48 Alternate additions as follows: *** Allow 6-8 weeks from approved shop drawings. Z001 - 4. JV y BID FORM MAPLEWOOD, MINNESOTA CIN PROJECT M.C.C. Lockers Date: JULY 17 2003 Total amount of bid: $ 100980.00 Contractor's name: BARTLEY SALES COMPANY INC Telephone: 952) 929-0001 BIDS TO BE OPENED: July 172 20039 2 P.M., Maplewood .City Hail THIS BID IS SUBMITTED TO: CITY CLERK CITY OF MAPLEWOOD 1.830 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109-2797 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the city in the form included 'in the contract documents to perform and furnish all work as specified or indicated in the contract documents for the contract price and within the contract time indicated in this bid and in accordance with the other terms and conditions of the contract documents. 2. Bidder accepts all of the terms and conditions of the advertisement or invitation to bid and instructions to bidders, including without limitation those dealing with the deposit of the bid security. This bid will remain subject to acceptance for nine days P ninety y after the day of bid opening. Bidder will sign and submit the agreement with the bonds and other documents required by the bidding requirements within ten days after the date of city's notice of award. 3. In submitting this bid, bidder represents, as more fully set forth in the agreement, that: a. Bidder has examined copies of all the bidding documents and of the following addenda (receipt of all which is hereby acknowledged): p D- Number M b. This bid is genuine and -not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association; organization or corporation; bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; bidder has not solicited or induced sought any person, firm, or corporation to refrain from bidding; and bidder has not so by collusion to obtain for itself any advantage over any other bidder or over the city. 3 I 4. Bidder will complete the work for the following price(s): Quantities are determined by each respective bidder. 5. Bidder accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the work on time. 9 6. The following documents are attached to and made a condition of this bid: a. Required bid security in the form of (bidder's bond) (certified check). b. A tabulation of subcontractors, suppliers, and other persons and organizations required to be identified in this bid. c. Affidavit of noncollusion. d. American Disabilities Act acknowledgment form. e. The contractor shall include project references if they have not completed projects in Maplewood within the last five years. Submitted o.n JULY 17 2003 .2003. i 4 0 IF BIDDER IS An Individual: By (Individual's name) Doing business as Telephone 1 } A Partnership: By (Firm name) (General partner) Business address Telephone 1 ) A Corporation: By BARTLEY SALES COMPANY (Corporation name) (State of incorporation) By W. D. RYLANDER (Name of person authorized to sign) VICE PRESIDENT (SEAL) ( SEAL) ( CORPORATE SEAL) (Title) - - Attest (1:2czllc� (Seer*twy) CORPORATE TREASUR R Business address 6509 CAMBRIDGE STREET ST LOUIS PARK MN 55426 Telephone 1 952 ) 929-0001 s A Joint Venture: By Address By Address (Name) (Name).. Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner .indicated above. i 6 AFFIDAVIT OF NONCOLLUSION I hereby swear (or affirm) under the penalty for perjury: 1. That I am a bidder (if the bidder is an individual), a partner in the bidding partnership (if the bidder is a partnership), or an officer or employee of the bidding corporation (if the bidder is a corporation) having authority to sign on its behalf. 2. That the attached bid or bids have been arrived at by the bidder independently, and have been Submitted without collusion with, or without any other vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or completion. 3. That the contents of the bid or bids- have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on a bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and . 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed 6v, ,D Firm name BARTLEY ALES COMPANY INC Bidder's E.I. number 410710182 (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941) Subscribed and sworn to before me this 1777 -/ da of J''u� Y 2003. 07 1 (SF -4L) Notary Public Sa NO�•j. .21 _a r` i r i 7 M U S O BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Bartley Sales Inc as Principal hereinafter called the Principal, and Old Republic Surety Company a corporation duly organized under the laws of the state of are held and firmly bound unto City of Maplewood, MN Wisconsin as Obligee, hereinafter called the Obligee, in the sum of 5% of bid as Surety, hereinafter called the Surety, Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Maplewood Community Center- Lockers - Furnished and Installed NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work "covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness ALIWit ss ORSC 21328 (5/97) 17th day of July . 2003 Principal (Seal) By: • Name/Title. lor, Old Republic Surety Company I O d1?�'a Surety By: orney-in-Fact "**off F PLI Surety Company POWER OF ATTORNEY KNOW-ALL MEN BY THESE ..PRESENTS: That OLD REPUBLIC SURETY COMPANY, a.Wisco-nsin stock insurance corporation, does make, constitute and appoint:' RODhTEY' L QL S EN J 1ME:S :.:.TAT : ' DIXON, KARL L. W:IE:D , :..E"F FRE: R EN. REB E KAH J . Iii' L OlT:, :. J ANET'I` I . ��KRAEMER , MARK A . KI`ESOW � TH- ER.ESA:...: 1U:RPH.Y OF EDEN ::.,PRA:I RTE , MN:.... :.....'.... its true and :aawful Attorne s -in-Fact, with full ::;ower and, authorit" "fic�r.:.and on behalf of t.h.e com ':an as suret to execute :apd deliver n'• ` Y(} p Y p.• y y, a d affix th:e. seal of the company thereto (if.:.a seal is required), bonds, undertakings, recognizandes or other written abligatians in the nature thereof, (other than bbail bonds{. bank,depository bonds, mortgage:`deficiency bonds, mortgage guar-anty bonds, guarantees of installment paper:' and note guaranty bonds, 8" nsurance workers compensation bonds guaranteeing payment of benefits, asbestos abate�ient contract bonds, waste management bonds, hazardous waste remediation bond'::or.biack -J" g bonds), as follows: ALL WRITTEN ::INSTRUMENTS IN AN AMOUNT - NOT TO.. EXCEED'':AN AGGREGATE OF :ONE:: MILLION DOLLARS ($l,000,000) FOR ANY SINGLE �JBII ATI"Ol'�', ..'REGARDLESS OF THE NUMBER 0 :N 'R MENTS SSUED FOR THE OBLIGATION : and: to bind OLD REPUBLIC .5U I ETY COMPANY thereby,and a'l'l- of�:'the acts of said Attorhe s: in Fact .. ursuant to these resent r Y , ...p:..: presents, are ra lfied and confirmed. Th'is document; is not valid unless printed : on colored background an -d is .-rrmuIt�i-ca red. Th'ts appointment is made :: under and by authority of tfle board: of directorsat a special meeting -held on February 18, 1982: �Th•is Power of Attorney is signed and sealed by facsimile under and by the authority.. -of th :.�following resolutions adopted by the .board of directors of:.the OLD REPUBLIC SURETY COMPANY on February 18, 1982 RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with, authority as defined or limited in the instrument evidencing the appointment in each - case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact 'or agent and revoke any, Power of Attorney previously granted to such person. RESOLVED FURTHER that.. .y bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company i when signed b the resident, a vice resident or assistant vice resident, and attested and sealed if a seal be re uired b an secreta or assistant g y p n' p. p (i q. " r ) Y Y ry secreta v or :' (il) :..w en sgned .bylhe p es�dent, ariy vice president or assistant vice president; eci tart' or ass& -ant secretary..''and countdrsigned and sealed (if a seal be required) by a d:uly'::authorized attorne :.-in-fact or agent; or ill e •:dul.•::executed and sea if • ii:: - : T: fil n.... ( ) y. led ( sea be required) by:'cine or more attorneys kn..: fact= or agents pursuant to aril within 'the limits of the authority evidenced* by the Power of Attorney issued bythe company "to such person or personsl RESOLVEd l.1Ri1--IER,thatthe signature of 'any authorized officer:.and the seal of the"bornpany may be affixed by facsi iile to :any Pgwer of Attorney or certification thereof authorizing the execution and d livery .ot:any hand, undertaking, recognizance, or other suretyship obligations::6f the::oorripany; and such signature and seal when so used shall have the.sa.me forceand effect as though manually affixed. :...::... : IN WITNESS::WHEREOF, OLD REPUBLIC SURETY COMPANY has caused,..h-e' .** esents to be signed by itsproper officer, and it.s corporate -seal to:-. be afif ixed this T 0 TH day of MARCH 2 0;.0 3 :.,:::OLD RE UBLICTY E U R :.::. . S COMPANY suh O Ion..' •. .. taft % F resident STATE OF WISCONSIN, COUNT'S OF. WAUKESHA SS On this 1_'Q TH day of LM RC%l 2003 , personally carne before me, JAMES E. LEE and. DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the: corporation aforesaid, and that the seal affixed to the above...instrument is the seal of the corporation, and that said corporate se"al:-and the.i:r signatures as such officers were duly affixed and subsc:rbe". d to -"the: said instrument by the authority of the board of directors of:'said: corporation. OTAR), O R f _ • •NotayP�b�1 cr UE 0: � :13 .2 '..0 0� F /.: /.. commission .::My c omm' expires. s::•.� CERTI F I CAT:5 1, the undersigned, assistant secretary of ahe Q:LD R:EhUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and ' attached Power of Attorney remains:�n ::full:frce' and has not been revoked; and furthermore, that the Resolutiansof`the board of directors set..forth:fn:.>the Power of Attorney, are now in force. Signed and sealed at the::G:it of Broo:kfield v/l this 4 day of G Q 0.0"ORAr.j �'' �� g J y '.-.� . . A . PRI C�' , G Y INC. Assistant : cratary ;w .-.;,L�t115 .�UfJS,►U:IVI�1�1,1. rt.1� :hl�J_.I : �/H�LIJJ::,�J.NL���-,�f-';!'-�ItV I�IJ :;0.111 ,�,.�.ALU_tibL1;f-lL1a'���a:FU.�..11V.U,�h ORSC 22262• PLEASE INSERT IN THE POWER-OF-ATTORNEY SECTION OF YOUR BOND KIT (INDIVIDUAL ACKNOWLEDGMENT) STATE OF _ 1 SS COUNTY OF ) On the day of , before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that executed the same as free act and deed. (Notarial Seal) Notary Public My Commission Expires CORPORATE ACKNOWLEDGMENT STATE OF h'�' IA'lto�5 ® 74 ) SS COUNTY OF County, On the 17 day of -TL4L t/ _ , Z©a before me, personally appeared W t L. � ) 4A->1 R yL A170209 to me known, who being by me duly sworn, did depose and say that he resides in M /�/VZ_ S x7-4 , that ))e.. is the trf�E President of the _ 9.4R7L46y S.'LFS CO. .�'ryG, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she signed her name thereto by like order. 1.3 L..._(Notarial='Seal-� Notary Public � County Scam My Commission Expires I -31- z U o _5 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF Minnesota ) SS COUNTY OFHennepin ) On this 17th day of July I. 2003 , before me appeared Theresa L Murphy to me personally known, who being by me duly sworn, did say that she is the aforesaid officer or attorney in fact of the Old Republic Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. r. sr `' �► JEANNINE A. KEMPENIC" NOTARY PUBLIC- MINNESOTA _dy%"MSS on Expires JAe. 31, 2005 Notary PublCounty ma ko�zk_ My Commission Expires INSTRUCTIONS Most Bonds Filed In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public. Also, The Signature Of The Attorney- In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Afforney-In-Fact. SSC 2757 (4/93) AGENDA REPORT Action by Council TO: Richard Fursman, City Manager er Da.te . Eiidorsed FROM: Charles Ahl, Director of Public Works/City Engineer Modified Ed Nadeau,. Public Works Utility Superintendent Rejected ' SUBJECT: Cured -in -Place Pipe, Project 03-25: Award of Bid DATE: July 16, 2003 Introduction Bids for the Cured -in -Place Pipe, Project 03-25, will be opened on Friday, July 18, 20031 at 10 a.m. The report for the award of bid will be available at the city council meeting on Tuesday, July 22, 2003. jw AGENDA ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works Ed Nadeau, Utility Foreman SUBJECT: Cured -in -Place Pipe, Project 03-25 — Award of Bid DATE: July 21, 2003 Introduction The 2003 public works capital outlay budget includes funds for repair of fractured pipe using a cured -in-place pipe process. Background A budget of $100,000 has been requested annually for pipe repair projects. Bids were requested and received on July 18, 2003, from Lametti and Sons, Inc. for $128,011.00 and Visu-Sewer Clean and Seal, Inc. for $149,910.25. Recommendation Although the bids were both over the annual budget, it is recommended that the City Council award the bid for Cured -in -Place Pipe, Project 03-25 to Lametti & Sons, Inc., based on their low bid of $128,011.00; and authorize the Finance Director to transfer the necessary funds from the Sanitary Sewer Utility Fund to the project fund. jW Attachments: Site Plan Bid Tabulation TABLUATION OF BIDS Pursuant to due call and notice thereof, a special meeting of the officials designated for a bid opening by the City Council of Maplewood was convened at 10:00 a.m., July 18, 2003. The purpose of this meeting was to receive, open and publicly read aloud bids for Cured -in -Place Pipe, Project 03-25. Present were: Ed Nadeau and Judy Wegwerth Following the reading of the notice of advertisement for bids, the following bids were opened and read: Bidder Prequalified Amount Bid Bond Affidavit ADA Lametti & Sons, Inc. X $128,011.00 5% Yes Yes Visu-Sewer X $149,910.25 5% Yes Yes Pursuant to prior instruction of the council, the city clerk referred the bids received to the city engineer instructing him to tabulate same and report with his recommendation at the regular city council meeting of July 22, 2003. Meeting adjourned at 10:08 a.m. MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk Vol RE: 2:00 A.M. Bar Closing DATE: July 16, 2003 Agenda Item #c� Action by Council Date Endonsed. WC., i c Rejected J A At the request of the Mayor and a council member the 2:00 a.m. bar closing is put on the agenda for discussion purposes. A vote can not be taken without a public hearing. The law changing the state statute follows. A bill for an act relating to liquor; extending bar hours to 2:00 a.m.; amending Minnesota Statutes 2002, section 340A.504, subdivisions 1, 25 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2002, section 340A.504, subdivision 1, is amended to read: Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 12:00 noon on Sunday, provided that an establishment located on land owned by the metropolitan sports commission, or the sports arena for which one or more licenses have been issued under section 340A.404, subdivision 2, paragraph (c), may sell 3.2 percent malt liquor between 10:00 a.m. and 12:00 noon on a Sunday on which a sports or other event is scheduled to begin at that location on or before 1:00 p.m. of that day. Sec. 2. Minnesota Statutes 2002, section 340A.504, subdivision 2, is amended to read: Subd. 2. [INTOXICATING LIQUOR; ON -SALE.] No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) after 2:00 a.m. on Sundays, except as provided by subdivision 3. Sec. 3. Minnesota Statutes 2002, section 340A.504, subdivision 3, is amended to read: Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON -SALE.] (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption ts.. i3 z� on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 2:00 a.m. on Mondays. (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant, hotel, bowling center, or club to sell alcoholic beverages for consumption on the premises in conjunction with the sale offood between the hours of 10:00 a.m. on Sundays and x-89 2:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. TO: FROM: SUBJECT: AGENDA REPORT Richard Fursman, City Manager Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer AGENDA ITEM _K1 Action by Council Date wmwmmmwm Endorsed go odilfied we kcjetd Edgerton/Roselawn Area Drainage Improvements, City Project 03-27 — Resolution Ordering Preparation of Feasibility Study DATE: July 15, 2003 Introduction/Summary This project has not specifically been identified by name in the city's capital improvementsp Ian, but, with the likely approval of the Environmental Utility Fund and the frequent pumping of the Roselawn and Edgerton ponds, this project would be the highest priority drainage improvement for the Maplewood Public Works Department. The .city council will consider approving the attached resolution, ordering the preparation of a feasibility study for drainage improvements in the Edgerton/Roselawn area (see attached drawing). Background Back in the mid -1980's a large and costly drainage improvement project had been proposed for this area of the community but was never approved due to a lack of public support. Since that time, the philosophy of draining everything away as quick as possible has changed. Most all of the basins in this area have continued to function properly without any problems. A large and expensive project to interlink a number of basins does not appear to be necessary, however flood control is needed for the pond at Roselawn Park and at Edgerton Street south of Roselawn. These basins have been pumped on numerous occasions in the past three years. Setting up pumping equipment and hoses is a costly and time consuming process, as well as a major inconvenience to the residents living and driving in the area. The study will investigate the possibility of providing more permanent pumping stations and installed storm sewer force mains for both ponds. In addition, it will look at some possible ways Y to abate and reduce runoff in those subwatersheds: for example, better storm water management and infiltration techniques in Edgerton Park. Budget Anot-to-exceed project budget of $25,000 would be established for the preliminary engineering required to complete the feasibility study. The project would likely be financed mostly or entirely from the proposed Environmental Utility Fund. Recommendation Staff recommends that the city council approve the attached resolution Ordering the Preparation of the Feasibility Study for the Edgerton/Roselawn Area Drainage Improvements, Project 03-27. jW Attachments: Resolution Site Map RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to ma Improvements, City Project 03-27, and portion of the cost of the improvement, ke Edgerton/Roselawn Area Drainage to assess the benefited property for all or a pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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Edgerton/Roselawn Area Drainage Improvements, City Project 03-27 Location Map AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer AGENDA REPORT �Z Action by Council Date Endorsed y SUBJECT: County Road D Extension (Hazelwood to TH 61) — City Project 02-0 M®dYfid -- Cou-nty Road D Extension (West of TH 61) — City Project 02-08 kejected--0, Resolution Receiving Preliminary Report and Calling Public Hearing DATE: July 16, 2003 Introduction The realignment of County Road D between Hazelwood and TH 61 and also from TH 61 to Highridge Court has been discussed for over 18 months. Various alignments have been discussed and debated at recent meetings. On May 12, 2003, the city council selected a final alignment for the new roadway r • • and authorized preparation of a preliminary report on the improvement. Additionally, the city council adopted a study and recommendations on the storm water/wetland planning issues for the entire project area. The preliminary report is complete and a copy is attached. The next step in the process is to conduct a public hearing on the improvement. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61 at the Venburg Tire intersection and then realign County Road D west of TH 61 through the vacant property to the existing alignment on the east side of the Highridge Court development. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners. A number of conclusions were reached in selecting the alignment and project approach. Project and Alignment Findincis/Conclusions A detailed alignment study was prepared over a 10 -month period. • The alignment report studied eight options and concluded that the best traffic option considering mall traffic only would be a direct connection of County Road D to 1-694. • Approval of alignments with direct connections to 1-694 were concluded to- have negative impacts to TH 61 and 1-694 and were unlikely to be approved by MnDOT or the Federal Highway Administration (FHWA) unless appropriate mitigation could be provided. • Mitigating the impacts of the direct connection of County Road D to TH 61 or 1-694 would exceed $12.0 - $15.0 million dollars. These would likely require 8-15 years to attempt to receive ,approval and construct and would likely require a development moratorium in the Mall area. This mitigation planning effort has a <25% likelihood of being approved by FHWA under the best circumstances. • An alternative alignment south of existing County Road D was shown to significantly improve Mall area traffic flow without the negative impact to traffic flow on TH 61 and 1-694. MnDOT and Ramsey County concur and support this finding. • This alternative alignment has wetland impacts that must be mitigated. The storm water/ mitigation plan provides for an enhancement of the wetlands and storm water treatment within the area. • Studies show that a realigned County Road D will adequately accommodate the traffic from Legacy Village past 2010 and will coordinate with the improvements to TH 61 and 1-694 that MnDOT is planning for 2011-2015. • On May 12, 2003, the city council adopted these findings and authorized preparation of a preliminary report on constructing a newly aligned County Road D. City Council Agenda Background County Road D Realignment July 16, 2003 Page Two Study information The city council was previously provided with a set of drawings (with a green cover) titled County Road D Alignment Options.' The key recommendations of the alignment options are: East of TH 61 • A 35 mph roadway is strongly recommended east of TH 61 to accommodate the projected traffic expected to utilize this roadway. • Wetland impacts can be mitigated with slight alignment considerations. The wetland impacts pac s are to lower quality wetland areas and can be mitigated with larger areas of higher quality wetlands in the project area. • Conflicts with the railroad berm and a future trail crossing need to be considered near Hazelwood. • Adequate sight distance is needed at the new Hazelwood and County Road D intersection. • The roadway should be located 100 feet south of the wetland area to allow for establishment of a buffer area to protect the higher quality wetland area. • Alternative E-5 was the adopted option and is the least costly of the options considered. West of TH 61 • Existing single-family homes can be avoided with some alignment options. • The wetland area near Highridge Court is a lower quality wetland that can be mitigated with a larger wetland complex of higher quality. Reestablishment of storm water treatment areas near this area may provide the desired property owner requirements for screening and natural area. • An alignment conducive to the development needs of the area should provide an opportunity for residential land use on the west side of the new roadway and commercial/business land use of the east side of the new roadway. Currently the vacant property is planned for manufacturing -type uses. • Alternative W-1 was the adopted option and is the least costly of the options considered. TH 61 —New Alignment Intersection • Any option will impact some existing property owner/business. • A 90 -degree intersection is desirable but not required. An 80 -degree approach is table. pp acceptable. • Coordination with future development of the Gulden Is site and the vacant Kami property (formerly the Frattalone property) is needed to finalize the exact alignment. • Avoidance of the Lexus property is preferable due to the limited parking and potential wetland impacts of parking area mitigation. • A partial property taking at Venburg Tire may result in full taking of theproperty. The business , Venburg Tire, is leasing the building and is considering relocating. It may be possible to provide the existing Venburg Tire site with compensating property to the south of their existing site to offset the taking, with Venburg Tire expanding and constructing a new building. • Intersection Option #2 was the adopted alternative and is the least costly alternative issue. Preliminary Report Findings The attached preliminary report identifies 5 segments for improvement: Segment #1: Newly aligned County Road D between Hazelwood and TH 61 Segment #2: Newly aligned County Road D between TH 61 and Highridge Court Segment #3: TH 61 Intersection improvements Segment #4: County Road D between Hazelwood and Southlawn Segment #5: County Road D/Highridge Court Site Distance City Council Agenda Background County Road D Realignment July 16, 2003 Page Three Preliminary Report Project Costs The Preliminary Report includes the following estimated costs for each segment: Segment #1: $6,307,800 Segment #2: $1,717,200 Segment #3: $ 725,800 Segment #4: $ 895,700 Segment #5: $ 1291900 Detailed financing plans for each of the segments are included within the Preliminary Report. Only Segment #1 between Hazelwood and TH 61 is proposed for a public hearing at this time. The remainder of the report is acceptable; however, property owner issues and coordination remain such that separate hearings are appropriate. Therefore, the attached resolution calls a hearing only for Segment #1 of these improvements. Recommendation It is recommended that the City Council adopt the attached resolution accepting the Preliminary Report for the County Road D Realignment Project (City Projects 02-07 and 02-08) and calling for a Public Hearing for Segment #1 between Hazelwood and TH 61 for 7:00 pm on !' August 11, 2003. RCA JW Attachments: Resolution Preliminary Report (attached) RESOLUTION ACCEPTING PRELIMINARY REPORT CALLING PUBLIC HEARING WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court, City Projects 02-07 and 02-08, respectively, and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between Trunk Highway 61 and Highridge Court, City Project 02-08 and this report was received by the council on July 22, 2003, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, the City Engineer has reported that only Segment#1, County Road D between, Hazelwood Street and Trunk Highway 61, City Project 02-07, is prepared for the necessary public hearing portion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of only Segment #1, County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for the improvement of $6,307,800. 2. The remaining segments of said improvement shall be tabled for consideration within the following one to five months as determined appropriate by the City Engineer. 3. A public hearing shall be held on such proposed improvement on the 11th day of August 2003 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 22nd day of July 2003. AGENDA ITEM AGENDA REPORT Action by Council TO: Richard Fursman, City Manager Date Endorsed FROM: Charles Ahl, Director of Public Works/City Engineer M0dil.1ied now Rejected Mmm SUBJECT: Legacy Parkway, Kennard to Southlawn, City Project 03-26: Resolution Accepting Preliminary Report and Calling Public Hearing DATE: July 16, 2003 Introduction/Summary The proposed site plan for the Legacy Village at Maplewood includes the construction of an east to west roadway between Kennard Street and Southlawn Drive. The financial planning for the project requires that this project be considered. A preliminary report has been prepared by the city's consultant engineer, Kimley-Horn and Associates. The next step of consideration is calling for a public hearing to be held on August 11, 2003. Background As part of the overall site improvements, the city will provide design and construction inspection g p services, as well as award a construction contract for the improvement of Legacy Parkway between the extension of Kennard Street and Southlawn Drive. Cost of the improvement will be borne mainly by the site developer. The roadway will provide access to the assisted living facility, the corporate site, the public wetland park, as well as an internal roadway reliever for site -generated traffic to access the Maplewood Mall area. This project would consist of approximately 0.25 miles of street reconstruction and drainage improvements, including construction of the large drainage improvements necessary to protect the site wetlands. Attached is a copy of the preliminary report for the project. The estimated cost of the improvements is $1,352,850. Assessments to the developer, the Hartford Group, Inc. are estimated at $1,080,920, with the remaining share of the project to beaid from city Y funds that will be generated by the property taxes from the site improvements at Legacy Village. Recommendation Staff recommends that the city council approve the attached resolution accepting the Preliminary Report for the Legacy Parkway Improvements (Kennard to Southlawn), Project 03-26, and calling a Public Hearing for 7:45 pm on August 11, 2003. Attachment: Resolution Preliminary Report (attached) RESOLUTION ACCEPTING REPORT CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted July 14, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy _Parkway (Kennard to Southlawn), City Project 03-26, and this report was received by the council on July 22, 2003, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for the improvement of $1,352,850. 2. A public hearing shall be held on such proposed improvement on the 11th day of August 2003 in the council chambers of city hall at 7:45 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 22nd day of July 2003. AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le � Human Resource Director RE: Public Purpose Expenditure Policy DATE: July 9, 2003 AGENDA NO. .4 Action by Council Date Endo wed Modified Rejected I have attached a draft policy for the City Council's discussion and consideration. The policy is written with the intent of clarifying and providing guidance to employees on the public purpose nature of expenditures. RECOMMENDATION It is recommended that the City Council discuss and consider approval of the attached draft policy entitled "City of Maplewood Public Purpose Expenditure Policy." If approved, it will be incorporated into the City of Maplewood Personnel Policies and will be distributed to all staff and elected officials. CITY OF MAPLEWOOD PUBLIC PURPOSE EXPENDITURE POLICY POLICY Consistent with Minnesota State laws that permit and require the expenditure of public funds for public purposes, the Maplewood City Council hereby adopts the following policy and guidelines to provide assistance and clarification to officials and employees for determinations of when public funds may be spent. The over-riding principle is that public funds must be spent for a public purpose. The City Council recognizes that the determination of a valid public purpose is an evolving concept that is somewhat subjective and therefore feels thoughtful discussion and guidance in the form of a policy and guidelines is appropriate. The City Council authorizes the City Manager and department heads to establish additional administrative policies and procedures and to interpret appropriate use of public funds consistent with this policy and guidelines. Definitions: Public Purpose Expenditure — An expenditure of funds related to the purpose for which the City of Maplewood exists, including the mission, goals, functions, and responsibilities of elected and appointed officials, employees and other City representatives. Employ — For purposes of this policy, the word `employee' shall include all employees, elected officials, and appointed officials. PUBLIC PURPOSE GUIDELINES 1. Training and development programs for Maplewood elected and appointed officials and employees serve a public purpose when those training and development programs are related to the employee's job performance and to the programs and services provided by the City to its residents. 2. Payment of employee work-related expenses, including travel, lodging, telephone, and meal expenses serve a public purpose when those expenses are necessarily incurred by Maplewood employees in connection with their official duties and/or work assignments and those expenses are directly related to the performance of the governmental function for which Maplewood has responsibility. 3. Safety, health and wellness programs for Maplewood employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and taxpayers, including various costs related to worker's compensation, health insurance premiums, disability benefit claims, and lost time due to employee absences. City of Maplewood Purpose Expenditure Policy 07/09/03 4. Public expenditures to recognize contributions made by employees are part of an overall compensation program offered to employees for work performed. It serves a public purpose because formally recognizing employees who make contributions and demonstrate their commitment during the performance of their duties results in higher morale and increased employee cooperation, understanding and productivity and therefore assists the City in providing efficient and cost-effective services to its citizens. Including all employees in events to recognize service and commitment encourages other employees to work harder and make additional contributions and builds greater teamwork among employees in different departments. Employee productivity is directly related to employee satisfaction and that satisfaction depends on much more than just a paycheck. Employee satisfaction is directly and closely tied to the entire compensation package and the work environment. Recognizing employees' efforts and talents is a key factor in a good work environment and is accomplished several ways, both structured and unstructured. Examples of structured events include the annual employee picnic, the annual Firefighter recognition event, the employee holiday breakfast, employee retirement and farewell events, years of service recognition, and swearing-in ceremonies for law enforcement. These events are an integral part of our employee compensation program and are directly related to employee satisfaction, which in turn leads to greater productivity and enhanced service to the community. 5. Public expenditures for appropriate community and customer outreach activities serve a public purpose when those expenditures are necessary to ensure efficient operation of the City's programs or services, promote the availability or use of services or City resources, or to promote coordinated, cooperative planning activities among and between the City and the private sector or other public sector jurisdictions for the benefit of the public. 6. Public expenditures for food and refreshments associated with official Maplewood functions, employee training, and meetings to discuss City business serve a public purpose when the provision of food or refreshments helps to ensure meaningful participation by those attending. These functions serve a public purpose to receive or provide information of concern to the City, recognize individuals for their service to the City, or provide a forum to discuss City business. These meetings should be limited to meetings where the primary purpose is to discuss City business. City of Maplewood Purpose Expenditure Policy 07/09/03 7. Expenditures for membership in professional and community organizations and attendance at meetings and professional conferences serve a public purpose by keeping employees informed of state and federal laws and proposed legislation, rules, regulations, court and arbitration decisions, risk management, effective employee and labor relations strategies and issues, availability of grants and other funding sources, community concerns, and public-private partnership opportunities that are directly related to the performance of city -related governmental functions and to the service provided to the residents. 8. Expenditures for Maplewood Community Center memberships for employees and recent retirees serve a public purpose by providing a tool to attract, retain and motivate employees as part of the City's benefit package. Membership provides the opportunity to improve employee health and fitness which leads to reduced worker's compensation claims and health insurance premiums and reduced employee absences. Membership can also serve as a marketing tool for the Community Center. 9. Expenditures for educational reimbursement serve a public purpose when the coursework is directly related to the job duties or performance needs of the employee and therefore improve the knowledge, skills and abilities needed to provide effective and efficient services to the residents. 10. Public expenditures for volunteer recognition serve a public purpose because formally recognizing volunteers who contribute their time and expertise promotes a positive relationship with the community and encourages volunteerism. Increased volunteerism increases the City's ability to provide cost-effective services to the community. An acceptable method to recognize this group is the annual commission and volunteer appreciation event. FINANCIAL CONSIDERATIONS Funding for any expenditure must be approved by the appropriate supervisory staff or City Manager, in accordance with established procedures, and must be included in the approved City budget. CONCLUSION The City of Maplewood has determined that the above expenditures are valid expenditures and serve a public purpose. City of Maplewood Purpose Expenditure Policy 07/09/03 UFCW local 789 .266 Hardman Avenue, South St. Paul, MN 55075 Phone: (651) 451-6240 Fax: (651) 451-8227 Email: ufcw789@mtn.org Website: www.ufcw789.org I Maplewood City Council City of Maplewood, VIN City Hall 1830 East County Road. B Maplewood, MN 55109 July 22, 2003 Members of the Maplewood City Council, Members of the United Food and Commercial Workers Union Local 789 have lived and worked in Maplewood for decades. It's been clear to us and to me, personally, that Maplewood is a good place to work, to live, and to do business. I applaud you for your efforts to make Maplewood into the city that it is. Further, I thank you for the commitments you've made to keep Maplewood livable for working men and women. With that in mind, I was alarmed to hear that you approved Hartford Group's current plan for development in Maplewood. urge you to reconsider your plans to develop low-density, high-cost housing on the Hii.acek property. We do not believe that the current plan will benefit working families in Maplewood. We would prefer to see housing both for sale and for rent that is within the means of families making $40,000 to $50,000 per year. In other words, we continue to advocate for housing for sale at $170,000 and for rent at $850 per month. I was equally surprised to hear that you'd created a two million dollar tax credit to benefit Hartford. Group. At a time when all of us are tightening our belts, I'm hard-pressed to understand what might justify a government subsidy of this size. And to then ask- the same people who are being denied housing to foot the bill for housing they'll never be able to afford strikes e as adding insult to injury. As elected officials, I urge you to reconsider this plan and tn m to develop guidelines to make Hartford Group accountable to a set of reasonable community standards. Finally, I am disappointed in Mayor Bob Cardinal's sudden and unexpected change of heart in regards to building workforce housing on the I-Iijacek Property. Having met privately with Mayor Cardinal, I was led to believe that the Mayor supported building homes that are affordable for the majority of Maplewood's families. Clearly, I was either mistaken or misled. Thank you for your time and consideration. I appreciate this opportunity to voice my concerns and trust that you will act in the best interest of all of Maplewood's families. SI* 'cerel Don Seaquist President U,FCW Local 789 "Membership is about Ownership" S coqCOUNCIL . (2) Proposal for Affordable Workforce Housing On the Hijacek Property About one month ago, Asst City Manager, Melinda Coleman presented a report on housing in the metro- area. Part of the report recommended led some of us to believe there would be well over 100 affordable town houses built in the Legacy of Maplewood Development on the Hijacek property in the for sale range of $150,000 to $170,000. To consider that affordable is, in itself, mind boggling. Even so, those of us advocating for the inclusion of affordable homes were glad the City Council seemed to be taking this significant owner -occupied direction along with the building of 50 workforce affordable apartments. But a month later, at the Planning Commission meeting July 7" and at the July 14th City Council meeting, the situation changed drastically, leaving us to wonder what happened? Even though the development company, Hartford, recommended a housing density of 16 units/acre, the City Council voted in, favor of a density of only 12 units/acre. without density the ability to build affordable is reduced. Because the land will be underdeveloped with low density and because Hartford is required to contribute between 4 and 5 million dollars for infrastructure in the project, the City Council agreed to give Hartford a tax abatement in the amount of $2 million. The abatement I understand is to be paid upfront by selling bonds, repaid by property taxes. There will be a 50 unit apt. building, affordable. There will be some for sale town homes at the $170,000 level, considered to be affordable by the Met Council but still high. I have a counter proposal for the City Council: 1. Accept the Hartford Company density request of 16 units/acre on this site. That will reduce or eliminate the need for a tax abatement. 2. Do the bonding planned to raise $2 million dollars.. 3. Use the $2 million and Create a Community Land Trust to purchase several acres of the Hijacek property from .Hartford upon which affordable owner - occupied housing can be built and kept affordable because the land trust will own the land. 4. Get a commitment in writing from Hartford to cooperate with this, or to build a significant amount of workforce rental and for sale housing in the $150,000 to $170,000 range. 5. This means, of course, that one or more City Council members will. ask to reconsider their vote from July 14, 2003. I and others like me urge you to do so. July .89 2003 To Maplewood City Clerk, MY name is Edward J. Kivel. My wife and I live at 1880 Maryknoll Avenue, Maplewood, Minnesota. We were on an extended vacation and arrived home on the evening of April 7, 2003 and found all the carpeting in our basement ,soaked. On April 8, 2003, I called the City and asked if they had any sewer back-ups. They said no, so I assumed that somehow that melting snow and/or surface water had gotten into our basement. I threw all the carpeting, water soaked boxes of clothes, etc. I cleaned up the mess the best that I could. I had two dehumidifiers going for about a month to dry the basement. After that, I put down new carpeting but later that started smelling. On Jul 1, I talked to my neighbor, Tom Hoerchler, at 1871 Maryknoll Avenue. Tom said he had July five inches of sewage in his basement on Mar(,. -.h 28, 2003 caused by the city sewer line be* mg plugged. On July 2, I was not able to drive to my house by 8:00 a.m. and 5:30 p.m. because the street was dug up. On July 3, our water was scheduled to be shut off from 7:00 a.m. until 4:00 p.m. I scheduled Marsden Building Maintenance for 4:00 p.m. At 4:00 p.m. the two men came in a truck with cleaning and disinfecting materials and equipment. They worked veru hard until after 9:30 p.m. Since April, 2003, my wife, Joan D. Kivel, has been suffering from respiratory problems. On Jul 4 2003 I took her to the MinnHealth Urgent Care at 1814 North St. Paul Road, July � � g Maplewood, The doctor gave her three prescriptions and thought it was a respiratory reaction to mold because her white blood cell count was normal, indicating that it was not caused by an infection. She has a follow-up doctor appointment scheduled for July 11. I should be compensated for the following: A. The main city sewer line plugged because it was defective. B.. When I called in on April 8, 2003, and asked if there had been any sewer back-ups, they had said no. Maplewood City Clerk July 8, 2003 Page 2 C. when they worked on the sewer line, they did improve it but were unable to completely fix the problem. State disclosure law says I cannot hide past or potential future problems from buyers. when I sell my home,. I will have to adjust the selling price accordingly. D. I suffered a large financial loss because of this situation. E. My wife has suffered from breathing problems as a result of this situation. Sincerely, Edward J. Kivel 1880 IVlaryknoll Avenue Maplewood, MN 55109 651-777-7142 1 To c� OIL rel - Y u.� � �'� sa k, Yninni,eal%h c- Von �robi�vv�5 Pre c! ,