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HomeMy WebLinkAbout2003 10-13 City Council PacketCouncil /Manager's Workshop 6: 00 p. m. ENDED 10- 13 -03) AGEND MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 13, 2003 Council, Chambers, Municipal Building Meeting No. 03 -25 A. CALL TO ORDER Be PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the Council Manager Workshop- September 22, 2003 2. Minutes from the City Council Meeting- September 22, 2003 3. Minutes from the City Council Special Meeting - September 22, 2003 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS 1. Proclamation — Make A Difference Day G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Kennard/Frost Area Street Improvements, Project 02 -10: Resolution Directing Modification of the Existing Construction Contract; Change Order No. 4 3. Standard Master Agreement for Professional Engineering Services between the City and Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA). 4. Parkway Lift Station Improvements, Project 02 -14: Resolution Terminating Existing Agreement for the Joint Usage of the St. Paul Parkway Lift Station. 5. General Election Judges — Resolution Certification 6. Ordinance Accepting Recodification of City Code of Ordinances 7. Frontline Church Carnival —Fee Waiver 8. Speedway SuperAmerica —1750 White Bear Avenue — 3.2 Malt Liquor _. 9. Presentation of the Blessed Virgin Mary — Temporary Gambling License 10. Conditional Use Permit Review — Salvation Army (2080 Woodlyn Avenue) 11. Conditional Use Permit Review — Sinclair Fuel Station (2158 Rice Street) 12. Position Modification -City Clerk's Department 13. Winter Sand for the 2003/2004 Season 14. Road Salt Needs for the 2003/2004 Season H. PUBLIC HEARINGS . 1. 7 :00 .m. Hazelwood Street Im rovements Pro' . ect 01 -16: Assessment Hearin and P _ p � g Resolution for Adoption of.the Assessment Roll 2. 7:10 p.m. Drainage and Utility Easement Vacation (1201 Belmont Avenue) 3 7:20 p.m. Grubers Power Equipment (1762 White Bear Avenue) A. Minor Subdivision B. Moratorium Variance C. Parking Lot Setback Variance D. Conditional Use Permit for Expansion of Exterior Storage 4. 7:30 p.m. Swimming Pool Fence Code Amendment I. AWARD OF BIDS 1. ABATIX for two (2) Chemical Agent Detectors 2. Carpet Replacement -City Hall J. UNFINISHED BUSINESS K. NEW BUSINESS 1. White Bear Avenue Improvements, Radatz to Buerkle Road, City Project 02 -21: Review Improvement Plan 2. Century Avenue Improvements, Brookview to Linwood, City Project 03 -15: Review Improvement Plan 3. TH 61 Improvements at County Road D, City Project 03 -07: Resolution Approving Municipal Agreement Grant Request. to MnDOT 4. Springside Drive Extension, West of Sterling Street, City Project 03 -36: Resolution Receiving Request and Directing Preparation of Preliminary Report 5. Kennard Street Improvements, City Project 03 -04: Resolution Receiving Petition for Parking Bay Improvements, Approving Change Order. Financing and Approving Revised "No Parking" Resolution 6. Approve Sale of Excess City Land to University Auto Sales at Northeast Corner of TH 36/61 .7. Maplewood Pavement Management Policy: Resolution Approving Assessment Rate Update for 2004 8: Contract for Purchase of Parcel Manager and Permits Software 9. Removal of Hazardous Building 2575 Carver Avenue (Gearin) 10. Ramsey County HRA Levy 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. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements Assisted Listening Devices are also available. Please check with the City : Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES CITY COUNCIL /MANAGER WORKSHOP Monday, September 22, 2003 Council Chambers, City Hall 6:02 p.m. A. CALL TO ORDER B. ROLL CALL C. 113 Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: Acting City Manager Coleman City Clerk Guilfoile APPROVAL OF AGENDA Present Present Present Present Present Councilmember Wasiluk moved to approve the agenda as submitted. Seconded by Councilmember Juenemann Ayes -All NEW BUSINESS School District 622 Update a. Acting City Manager Coleman presented the report. b. Superintendent Dan Kaler updated staff on district population, improvement goals, and possible property purchase. Acting City Manager Coleman will meet with City Manager Fursman and City Engineer Ahl to discuss and/or draft a resolution with MnDot in support of School District 622. 2. Gladstone Neighborhood Plan — Del Benjamin a. Acting City Manager presented the report. b. Mr. Del Benjamin presented an ambitious report and video, which provided an overview of his vision for the Gladstone re- development project. C. Acting City Manager Coleman reminded city council of the $8000 planning grant from City Conncil/Managcr Workshop 09 -22 -03 the Met Council and how the cities commitment to redevelopment assisted the city in receiving those funds. E. FUTURE TOPICS Sidewalk Study- Overall City Plan -Fall 2003 2. Meeting with School District 623- October 13, 2003 F. ADJOURNMENT City Conncil/Managcr Workshop 09 -22 -03 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, September 22, 2003 Council Chambers, Municipal Building Meeting No. 03 -22 ra C. 113 CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 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 Minutes from the City Council Special Meeting- September 08, 2003 E. Councilmember Juenemann moved to approve the Special Meeting Minutes of September 08, 2003 as amended. Seconded by Councilmember Koppen Ayes -All 2. Minutes from the City Council Meeting- September 08, 2003 Councilmember Koppen moved to approve the City Council Minutes of September 08, 2003 as presented. Seconded by Councilmember Collins Ayes -All 3. Minutes from the City Council Special Meeting- September 10, 2003 Councilmember Koppen moved to approve the Special Meeting Minutes of September 10, 2003 as amended. Seconded by Councilmember Wasilulc Ayes -All APPROVAL OF AGENDA City Council 09 -22 -03 Ml. Deer Reduction M2. Met Council Correspondence N1. League of Women Voters Candidate Forum Councilmember Wasiluk moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes -All F. APPOINTMENTS /PRESENTATIONS Resolution of Appreciation -Matt Ledvina a. Acting City Manager Coleman presented the staff report and specifics. Councilmember Koppen moved to adopt the following joint resolution of appreciation to Matt Ledvina for his 6 years of service on the Maplewood Planning Commission: RESOLUTION 03 -09 -179 JOINT RESOLUTION OF APPRECIATION WHEREAS, Matthew Ledvina has been a member of the Maplewood Planning Commission since Decemher 8, 1997 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood,• and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the henefzt of the City. NOW, THEREFORE, IT IS HEREB Y RESOL VED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Matthew Ledvina is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Juenemann Ayes -All 2. Proclamation - Good Neighbor Day a. Acting City Manager Coleman presented the staff report. Councilmember Koppen moved to adopt the following resolution acknowledging Good Neighbor Day: RESOLUTION 03 -09 -180 PROCLAMATION Whereas, our city struggles to huild friendship among neighbors, we are City Council 09 -22 -03 mindful that the noblest human concern is concern for others. Whereas, we cannot expect to have good neighbors unless we are ready to he good neighbors, to extend our friendship and support to those who live near us. Whereas, each of us has the responsibility to do all we can to revive and strengthen the place of neighhorliness in our daily lives and in our communities. Whereas, National Good Neighhor Day is dedicated to getting to know our neighbors and doing something nice for them. Whereas, National Good Neighhor Day encourages us he patient, courteous and helpful, creating a happy atmosphere and a peaceful life. NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Sunday, September 28, 2003, as. GoodNeighhor Day. in the City of Maplewood, Minnesota, and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in activities that will remind, encourage and help us to he a good neighbor. Seconded by Councilmember Juenemann Ayes -All G. CONSENT AGENDA Approval of Claims ACCOUNTS PAYABLE $9,337.64 Checks #61767 thru #61768 dated 9/4/03 $859,922.14 Checks #61769 thru #61818 dated 9/9/03 $242,895.72 Disbursements via debits to checking account dated 8/29 thru 9/4/03 $1,986.68 Checks #61819 dated 9/9/03 $228,204.81 Checks #61820 thru #61884 dated 9/15 thru 9/16/03 $128,516.34 Disbursements via debits to checking account dated 9/5 thru 9/11/03 $1,470,863.33 Total Accounts Payable PAYROLL $406,122.29 Payroll Checks and Direct Deposits dated 9/12/03 City Council 09 -22 -03 $5,830.76 Payroll Deduction checks #94872 thru #94878 dated 9/12/03 $411,953.05 Total Payroll $1,882,816.38 GRAND TOTAL 2. Reimbursement of Four Wheeler -Chief Lukin Approval of $1,790 compensation to Chief Lukin from the city's insurance fund. 3. Lawful Gambling Resolution - Pioneer Booster Club Approved the lawful gambling resolution application for the Pioneer Booster Club. RESOLUTION 03 -09 -181 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar located at 2220 White Bear Avenue, 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. Ramsey County Sheriffs Department - Special Use - Fright Farm Approved a Special Use Permit for Brad Camitsch from the Ramsey County Sheriff's Department to hold their annual Fright Farm Halloween event at the Ramsey County Extension Services Barn. The event will be held October 10 -12, 17 -19, 24 -26 and 30 -31, from 7:00 p.m. to 10:00 p.m. 5. Woodlynn Heights No. 7 Final Plat ( Woodlynn Avenue, West of McKnight Road) Approved the Woodlynn heights No. 7 Final Plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. 6. Conditional Use Permit Review, Budget Towing and Tire (1291 Frost Avenue) Agreed to review the conditional use permit for Budget Towing and Tire at 1291 Frost Avenue again in one year or sooner if a problem arises or if the owner proposed a significant change to he site. City Council 09 -22 -03 Kennard/Frost Area Streets, Project 02 -10, Resolution Directing Modification of Existing Construction Contract Adopted the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement project, City Project 02 -10: RESOLUTION 03 -09 -182 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 Project 02 -10, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city cleric are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $10,101.01. The revised contract amount is $2,246,711.28. No revisions to the project budget are required at this time, as these changes fall within the original project budget. 8. Hazelwood Street Improvements, Project 01 -16, Resolution Revising Assessment Hearing Date It is recommended that the city council approve the attached resolution for the Hazelwood Street Improvements, Project 01 -16, which continues the Assessment Hearing for 7:00 p.m., Monday, October 13, 2003: RESOLUTION 03 -09 -183 REVISING ASSESSMENT HEARING DATE WHEREAS, a resolution of the city council adopted the 25th day of August 2003, fixed a date for an assessment hearing on the proposed project Hazelwood Street Improvements, City Project 01 -16; AND WHEREAS, the cleric and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 01 -16, and the said assessment is on file in the office of the city engineer; AND WHEREAS, the city council ordered that the assessment hearing be held at 7:00 p.m on the 22nd day of September 2003, at the city hall; AND WHEREAS, The required fourteen days mailed notice and two weeks published notice of the hearing was not satisfied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The Assessment Hearing shall be continued to the 13th day of October 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. 9. Budget Change for Laptop Computers City Council 09 -22 -03 Approved a $1,500 budget transfer from the General Fund for the cost of five used laptop computers. 10. Resolution Authorizing the Submittal of Grant Application RESOLUTION 03 -09 -184 RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION FOR RAMSEY COUNTY SOCCER PARTNERS PROGRAM AND ACCEPTING ITS TERMS WEREAS, the Ramsey County Board of Commissioners has established the Ramsey County Soccer Partners Program to accelerate the acquisition and development of youth soccer facilities in Ramsey County, WHEREAS, the City of Maplewood is directly involved in providing soccer programs and facilities for over 2,600 youth each year, WEREAS, Ramsey County intends to award matching grants totaling $1 million in 2003, NOW THEREFORE, be it resolved by the City Council for the City of Maplewood, Minnesota: 1. The City Council hereby authorizes staff to submit an application for the Ramsey County Soccer Partners Program Grant. 2. The City hereby accepts the terms of the grant program as set forth in the request for grant applications. Councilmember Koppen moved to approve consent agenda items 1 -5, 7, 9, and 10 as presented. Seconded by Councilmember Juenemann Ayes -All Councilmember Juenemann moved to approve consent agenda item 6 adding the condition that the tank must be removed within 2 weeks. Seconded by Councilmember Koppen Ayes -All Councilmember Juenemann moved to approve consent agenda item 8 as presented. Seconded by Councilmember Koppen Ayes -All H. PUBLIC HEARINGS 7:10 p.m. Mounds Park Academy Tax- Exempt Bond Financing (2051 Larpenteur Avenue) a. Acting City Manager Coleman presented the staff report and specifics. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jenny Grain, representing Briggs and Morgan C. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution approving Maplewood City Council 09 -22 -03 giving approval for up to $4.7 million in tax - exempt revenue financing for Mounds Park Academy at 2051 Larpenteur Avenue: RESOLUTION 03 -09 -185 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS, TO PROVIDE FUNDS FOR AN EDUCATIONAL FACILITY PROJECT, ON BEHALF OF MOUNDS PARK ACADEMY BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City "), as follows: 1. Authority The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act "), authorized to issue and sell its revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Authorization of Project: Documents Presented Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower "), has proposed to this Council that the City issue and sell its City of Maplewood, Minnesota Educational Facilities Revenue Bonds (Mounds Park Academy Project), Series 2003A in substantially the form set forth in the hereinafter - mentioned Indenture (the "Bonds "), pursuant to the Act and loan the proceeds thereof to the Borrower, in order to provide financing to refund the City's outstanding Educational Facilities Revenue Bonds, Series 1993 (Mounds Park Academy Project), to reimburse the Borrower for expenses incurred in its locker room remodeling project and to acquire the real property located at 2025 Larpenteur Avenue East in the City (the "Project "). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement ") dated as of September 1, 2003 between the City and the Borrower; and (b) Indenture of Trust (the "Indenture ") dated as of September 1, 2003, between the City and U.S. Bank National Association, as trustee (the "Trustee "); and (c) Letter of Credit and Reimbursement Agreement (the "Reimbursement Agreement "), dated as of September 1, 2003, between the Borrower and U.S. Bank, National Association (the "Bank "); and (d) Bond Purchase Agreement (the "Bond Purchase Agreement "), by and between U.S. Bancorp Piper Jaffray, Inc. (the "Underwriter "), the Borrower and the City; and (e) Form of the Official Statement, which together with all Appendices thereto and the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, is intended to constitute the final Official Statement (together the "Official Statement "). 3. Findings It is hereby found, determined and declared that: (a) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2 of City Council 09 -22 -03 7 Section 469.153 of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City provide higher educational services for students, to help prevent the movement of talented and educated persons out of the state and to areas within the state where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by, or on behalf of, the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof, the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in paragraph 2, are approved. The Loan Agreement, Indenture and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may City Council 09 -22 -03 be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee. 5. Approval, Execution and Delivery of Bonds The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $4,800,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof, provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 30 years or such rates of interest exceed 10.00% per annum. The Underwriter has agreed, pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the final form of the Bond Purchase Agreement, and approval of said purchase prices shall be conclusively evidenced by execution and delivery of the Bond Purchase Agreement by the officers of the City authorized to do so by the provisions of this Resolution. The Mayor, City Cleric and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Certificates, Additional Agreements, etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and fumish to bond counsel and the purchasers of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, such additional agreements as may be necessary in connection with the issuance of the Bonds and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Seconded by Councilmember Koppen Ayes -All 2. 7:27 p.m. Group Health (Health Partners) Tax - Exempt Bond Financing (2165 White Bear Avenue) a. Acting City Manager Coleman presented the staff report and specifics. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jenny Grain, representing Briggs and Morgan C. Mayor Cardinal closed the public hearing. City Council 09 -22 -03 9 Councilmember Koppen moved to adopt the following resolution giving approval of the continued participation I the refinancing of tax - exempt bonds for Group Health (Health Partners). This approval is subject to this request meeting the city's tax - exempt financing requirements: RESOLUTION NO. 186 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ( "Group Health "), currently operates facilities located at 2165 White Bear Avenue in Maplewood (the "Local Facilities "). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the 'Bonds ") to finance or refinance various capital expenditures made by Group Health in approximately 9 cities located throughout the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital costs incurred at the Local Facilities was held by the Maplewood City Council on September 22, 2003. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Maplewood, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Seconded by Councilmember Collins Ayes -All I. AWARD OF BIDS None J. UNFINISHED BUSINESS Hinting American Alliance Church (2515 Maplewood Drive) City Council 09 -22 -03 10 a. Comprehensive Plan Amendment (M -1 to C (church)) (4 votes) b. Conditional Use Permit C. Design Approval a. Acting City Manager Coleman presented the staff report. b. Associate Planner Finwall presented specifics from the report. C. Kao Vang, representing the applicant was present for council questions Councilmember Wasilulc moved to adopt the land use plan change resolution changing the land use plan from light manufacturing (M -1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive: LAND USE PLAN CHANGE RESOLUTION 03 -09 -187 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, made application to the City of Maplewood for a change to the city's land use plan from Light Manufacturing (M -1) to Church (C) for their church. WHEREAS, this change applies to the property located at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61 -1, Lot 4. WHEREAS, the history of this change is as follows: 1. On August 4, 2003, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On September 22, 2003, the city council discussed the proposed 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 land use plan change for the following reasons: Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Preserve natural features where practical. 4. Minimize conflicts between land uses. City Council 09 -22 -03 11 Seconded by Councilmember Koppen Ayes - Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subject to the following conditions (staff's 9/15/03 additions are in bold and deletions are stricken): a. All construction shall follow the plans date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. C. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. d . Th eit e may requ the ,.L.....,.L. t a h_t a i4 i .. ,.1.....,.,J ... ....kii ......................t with the T,T,.t T.... -Ex it . . . . . . . l - .....,J ..:,J,. l a t i f —a .....kii shortage de if .. ,.L..... .. a f lr j agfeelzA ,....t :..........:.....J .. t. a i F , 1ZA th,.... .-Rd ride t,. 4.,. ,.1.....,.1.... ils h t. t,.,J ,. F,._ s h id t�t i iig ,.F s - P,.t..,.ii, will be -o "4e4 The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. e. The city council shall review this permit in one year. CONDITIONAL USE PERMIT RESOLUTION 03 -09 -188 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, is requesting that Maplewood approve a conditional use permit for a church. WHEREAS, this permit applies to the property at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61 -1, Lot 4. WHEREAS, the history of this conditional use permit is as follows: 1. On August 4, 2003, the planning commission recommended that the city council approve this permit. City Council 09 -22 -03 12 2. On September 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 approves the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. City Council 09 -22 -03 13 Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 4. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 5. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes- Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal Councilmember Wasiluk moved to approve the plans date - stamped June 26, 2003, and September 12, 2003, for the Hmong American Alliance Church at 2515 Maplewood Drive North. Approval is subject to the applicant doing the following (Community Design Review Board 8/12/03 additions to conditions are underlined and staff 9/15/03 additions are in bold and deletions are stricken): a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans that include specifications for a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing the removal of 15 parking stalls from the west side of the lot. th the expa p ..ki ! is set back , a of 25 f with 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated City Council 09 -22 -03 14 wetland) along the Class 4 wetland. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement on the property. 6) Revised building elevations showing additional design elements (such as the removal of smooth stripes and addition of windows). The revised building elevation to be approved by staff before the city issues a building permit. 7) A revised landscape /screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. C) A 6- foot -high, maintenance -free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park. d) Revision of landscaping on the north side of the parking lot to take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lot to the residential properties to the north. e) Location of in- ground lawn irrigation system for all landscaped areas as required by city code. f) A 6- foot -high, maintenance-free fence to be constructed on the south property line, from the front property, extending to the usable rear yard of the residential property at 2497 Maplewood Drive to provide screening for these neighbors. Location and length of fence to be approved by staff and owner of 2497 Maplewood Drive prior to installation. g) Revision of landscaping on the west side of the lot to take into account the removal of 15 parking stalls. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 9) A revised photometrics plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground City Council 09 -22 -03 15 grade to the top of the luminary. 10) Building renovation shall be approved by the city's Fire Marshal before the city issues a building permit. 11) A shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 12) 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. C. The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and a handicap - parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in- ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. 8) Painting the entire building, including the new raised roof addition. 9) Construction of a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. City Council 09 -22 -03 16 e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen K. NEW BUSINESS Fee for 2:00 A.M. Liquor License Ayes - Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal a. Acting City Manager Coleman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Collins moved to approve the annual fee of $500.00 to those establishments staving open until 2:00 a.m. at a prorated rate for the remainder of the year. Seconded by Councilmember Juenemann Ayes -All 2. Suburban Court Facility Resolution a. Acting City Manager Coleman presented the staff report. b. Chief Thomalla presented specifics from the report. Mayor Cardinal moved to adopt the following Suburban Court Facility Resolution: RESOLUTION 03 -09 -189 IN SUPPORT OF ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY WHEREAS, the City of Maplewood understands that the current budget cuts of the State are impacting Ramsey County District Court, AND WHEREAS, the City understands that an option currently being discussed by the courts and County is the closure of the Maplewood court facility, AND WHEREAS, the City believes the court services are an essential service of the County serving also the suburban communities, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD HEREBY WISHES TO SUPPORT ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY FOR THE FOLLOWING REASONS: 1. There is an increased cost to require the suburban citizens, peace officers, victims, witnesses and other personnel to appear in downtown St. Paul; 2. The suburban court serves a unique need of the municipalities; 3. The City believes that the provision of court services in the City Council 09 -22 -03 17 suburbs are an integral service which needs to be maintained; 4. The City objects to any relocation of the suburban facility to downtown St. Paul; 5. The City requests the County Commissioner and the Ramsey County judges maintain a suburban facility, whether it be the existing Maplewood court facility or a newly constructed facility. Seconded by Councilmember Juenemann Ayes -All 3. County Road D at TH 61 Improvements, City Project 02 -08, Resolution Approving Improvements at Existing TH 61 and County Road D with City of Vadnais Heights a. Acting City Manager Coleman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to adopt the following resolution approving the planned improvements at existing Th 61 and County Road D with the City of Vadnais Heights: RESOLUTION 03 -09 -190 APPROVING IMPROVEMENTS AT EXISTING TH 61 AND COUNTY ROAD D WITH CITY OF VADNAIS HEIGHTS 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 was 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 provided information regarding whether the proposed project is necessary, cost- effective, and feasible, and WHEREAS, a joint meeting of the City Councils of Maplewood and Vadnais Heights occurred on August 11, 2003 identifying joint issues to be resolved with the proposed improvement project, and WHEREAS, the City Engineer has reported on the need to establish a position for future discussion and agreements with the City of Vadnais Heights regarding the various issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows 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: 1. The City of Maplewood hereby approves the request of Vadnais Heights for access to the newly aligned County Road D at the Hazelwood Street intersection contingent upon the following: City Council 09 -22 -03 18 I . City of Vadnais Heights support for the Joint Powers Agreement for alternative access for Xcel Energy for transport of their transformer. 2. Approval by Burlington Northern, Minnesota Commercial Railroad and Ramsey County Regional Rail Authority for an easement for roadway expansion. 3. City of Vadnais Heights agreeing to just and reasonable cost participation for construction and reconstruction of the existing County Road D roadway westerly of Hazelwood Street. 4. City of Vadnais Heights for a culdesac along existing County Road D between TH 61 and Hazelwood to eliminate possible shortcutting of traffic. 2. The City of Maplewood hereby agrees with MnDOT and the City of Vadnais Heights for the culdesacing of existing County Road D, westerly of existing TH 61 contingent upon a reasonable cost participation proposal and agreement with MnDOT. Additionally, the City of Maplewood concurs that reasonable costs should be considered for property owners if the street name is changed by Ramsey County. 3. The City of Maplewood hereby does not object to the City of Vadnais Heights' request for traffic calming at the newly constructed intersection of the newly aligned roadway and the existing County Road D east of Highridge Court, contingent upon the City of Vadnais Heights or Ramsey County agreeing to pay for the traffic calming improvements. 4. The City of Maplewood hereby agrees to install a storm water treatment system to further control drainage at the intersection point of existing County Road D and the newly aligned County Road D easterly of the Highridge Court development. 5. The City of Maplewood hereby agrees to cooperatively work with the City of Vadnais Heights and Ramsey County on future improvements to County Road D westerly of Highridge Court including the construction of trails and drainage improvements. Seconded by Councilmember Juenemann Ayes- Ayes - Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal 4. County Road D Realignment Soil Stabilization and Wetland Mitigation Improvements, City Project 02 -07, Resolution Approving Plans and Specifications and Authorizing Receipt of Bids a. Acting City Manager Coleman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution authorizing approval of the plans and specifications for the Soil Stabilization and Wetland Mitigation Project for the County Road D Realignment Project, City Project 02 -07, and authorize the receipt of bids for this phase of the improvement project: RESOLUTION 03 -09 -191 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISING FOR BIDS City Council 09 -22 -03 19 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, and WHEREAS, the City Engineer has reported that only Segment #1, County Road D between Hazelwood Street and Trunk Highway 61, City Project 02 -07, and Segment #4, County Road D between Hazelwood Street and Southlawn Avenue is prepared for the necessary public hearing portion, and WHEREAS, a public hearing for said Segment #1 and said Segment #4 was duly held on September 8, 2003, and the City Council, after receiving all public testimony order said improvement project for Segment #1 and Segment #4 to be constructed, and WHEREAS, the City Engineer has reported on the need to expedite the surcharge operations and wetland mitigation operations in order to meet project schedules, and WHEREAS, pursuant to resolution passed by the city council on August 25, 2003, plans and specifications for the Soil Stabilization and Wetland Mitigation Improvements for the County Road D Realignment Project (Hazelwood to TH 61), City Project 02 -07, have been prepared 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 28th day of October, 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. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of November 10, 2003. Seconded by Councilmember Koppen Ayes- Ayes - Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal L. VISITOR PRESENTATIONS Bob Zick, 1880 East Shore Drive, Maplewood was concerned that the closing hour for the bar closing will become progressively later, until eventually establishments would be City Council 09 -22 -03 20 serving 24 hours. City Attorney Kelly assured Mr. Zick the city council has full control over changing the city ordinance pertaining to hours of operation back to 1:00 at any time they felt necessary. M. COUNCIL PRESENTATIONS 1. Deer Reduction -Mayor Cardinal notified residents to contact Parks and Recreation Director Anderson if they are affected by the deer problem. 2. Met Council -Mayor Cardinal asked staff if the household numbers Met Council published were accurate, and Acting City Manager responded that although the 2002 numbers may not be accurate they do concur with the growth numbers published. N. ADMINISTRATIVE PRESENTATIONS October 7, 2003, 7:00 p.m. to 9:00 p.m.- League of Women Voters Candidate Forum - Council Chambers (will be telecast). O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 8:47 p.m. Seconded by Councilmember Juenemann Ayes - All City Council 09 -22 -03 21 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING 5:46 P.M. Monday, September 22, 2003 Council Chambers, Municipal Building Meeting No. 03 -24 A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: C. 113 Acting City Manager Coleman City Clerk Guilfoile APPROVAL OF AGENDA NEW BUSINESS Canvass of 2003 Primary Election Recount Absent (arrived at 5:50 p.m.) Present Present Absent a. Acting City Manager Coleman presented the report. b. City Clerk Guilfoile provided the specifics from the report. Councilmember Juenemann moved to adopt the following resolution approving the results of the recount for the 2003 primary election: RESOLUTION 03 -09 -178 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on September 22, 2003, hereby declares the following results in the September 9, 2003 City Primary Election Recount: City Council Spccial Mccting 09 -22 -03 COUNCIL MEMBER Dick Seppala 481 Bob Zick 481 Candidate Bob Zick was determined the fourth candidate on the ballot by a toss of the coin to break the tie. Candidate Seppala then requested a recount of the election. The count remains Seppala 481 and Zick 481. Candidate Zick will proceed to the general election ballot. E. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 5:52 p.m. Seconded by Councilmember Collins Ayes -All City Council Spccial Mccting 09 -22 -03 AGENDA ITEM F -1 AGENDA REPORT TO: Mayor and City Council FROM: Richard Fursman, City Manager RE: Proclamation — Make A Difference Day DATE: October 1, 2003 Introduction Make A Difference Day is a national day of volunteering created in 1992 by USA Weekend Magazine in partnership with the Points of Light Foundation and Volunteer Center National Network. Last year, more than 3 million volunteers participated in nearly 5,200 community service projects nationwide. Our nation and our cities were changed as communities united simultaneously all across the country. Children were given food and clothing, shelters were renovated, hospital patients were comforted and entertained, food shelves were stocked and local charities benefited from community service projects that were carried out on Make A Difference Day. Recommendation It is recommended that the City Council approve the attached proclamation and declare Saturday, October 25, 2003 as Make A Difference Day in the City of Maplewood. Whereas, serious social problems concern our nation and threaten its future; and Whereas, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and Whereas, we, the American people, have a tradition ofphilanthropy and volunteerism; and Whereas, millions of self- sacrificing individuals touched and enhanced the lives of millions on the annual Make A Difference Day by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and Whereas, USA Weekend Magazine and its affiliate newspapers and The points of Light Foundation and its affiliate Volunteer Centers have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and Whereas, volunteer service is an investment in the future we all must share; NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Saturday, October 25, 2003, as Make A Difference Day in the City of Maplewood, Minnesota, and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in projects heneftting their community. Mayor Bob Cardinal Date City of Maplewood, Minnesota AGENDA NO. Gl AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 7, 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 PAYABLE $200,842.80 Checks #61885 dated 9/22 thru 9/23/03 $235,660.87 Disbursements via debits to checking account dated 9/12 thru 948/03 $93,713.38 Checks #61965 thru #62024 dated 9/26 thru 9/30/03 $630,452.76 Disbursements via debits to checking account dated 9/19 thru 9/25/03 $3,646.35 Checks #62025 dated 10/01/03 $654,142.28 Checks #62026 thru #62081 dated 10/7/03 $1,246,130.28 Disbursements via debits to checking account dated 9/26 thru 10/02/03 $3,064,588.72 Total Accounts Payable PAYROLL $408,935.77 $4,318.38 $413,254.15 $3,477,842.87 Payroll Checks and Direct Deposits dated 9/26/03 Payroll Deduction checks 495091 thru #95095 dated 9/26/03 Total Payroll GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 249 -2901 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu attachments P: \pMANCR\WOR GU pMR IN603.doc vchlist Check Register Page: 1 09/22/2003 10:07:08AM City of Maplewood Check Date Vendor MA MORTENSON CO 61885 9/23/2003 02347 10,000 LAKES CHAPTER 61886 9/23/2003 01908 ADMINISTRATION, DEPT OF 61887 9123/2003 00081 AMERICAN DESIGNER CLASSICS INC 61888 9/23/2003 00111 ANIMAL CONTROL SERVICES INC 61889 9/23/2003 02658 AVENET LLC 61890 9/23/2003 02845 BARTLEY SALES CO 61891 9/23/2003 00211 BRAUN INTERTEC CORP. 61892 9/2312003 02881 CARLSON SEWER & WATER 61893 9/2312003 00272 CARVER, NICHOLAS 61894 9/2312003 00330 COPY SERVICE CORP. 61895 9/23/2003 02681 CREATIVE PROMOTIONS INTL LLC 61896 9/23/2003 00371 DAKOTA CTY TECHNICAL COLLEGE 61897 9/23/2003 02888 EAGLE SIGN COMPANY 61898 9/23/2003 00460 ELK RIVER CONCRETE PRODUCTS 61899 9/23/2003 00477 ESS BROTHERS & SONS INC 61900 9/23/2003 00531 FRA -DOR BLACK DIRT & RECYCLE 61901 9/23/2003 02495 GEPHART ELECTRIC 61902 9/23/2003 00584 GOPHER STAGE LIGHTING 61903 9/23/2003 00585 GOPHER STATE ONE -CALL 61904 9/23/2003 02627 INDEPENDENT REALTY INC 61905 9/23/2003 02891 LAKESHORE 61906 9/22/2003 00908 M R P A 61907 9/23/2003 02883 MA MORTENSON CO 61908 9/23/2003 00945 MASYS CORP 61909 9/23/2003 01819 MCLEOD USA 61910 9/23/2003 02854 MIDWEST ASPHALT 61911 9/23/2003 02885 NASH HOME BUILDERS INC 61912 9/23/2003 02884 NASH, ANDREW 61913 9/23/2003 02790 NATIONAL WATERWORKS INC 61914 9/23/2003 01175 NORTH ST PAUL, CITY OF 61915 9/23/2003 02886 OERTEL ARCHITECTS 61916 9/22/2003 00001 ONE TIME VENDOR 61917 9/23/2003 00001 ONE TIME VENDOR 61918 9/23/2003 00001 ONE TIME VENDOR 61919 9/23/2003 00001 ONE TIME VENDOR 61920 9/23/2003 00001 ONE TIME VENDOR 61921 9/23/2003 00001 ONE TIME VENDOR 61922 9/23/2003 00001 ONE TIME VENDOR 61923 9/23/2003 00001 ONE TIME VENDOR 61924 9/23/2003 00001 ONE TIME VENDOR 61925 9/23/2003 00001 ONE TIME VENDOR 61926 9/23/2003 00001 ONE TIME VENDOR 61927 9123/2003 00001 ONE TIME VENDOR 61928 9/23/2003 00001 ONE TIME VENDOR 61929 9/23/2003 00001 ONE TIME VENDOR 61930 9/23/2003 00001 ONE TIME VENDOR 61931 9/23/2003 00001 ONETIME VENDOR Description /Account SEMINAR REGISTRATION -4 HARBOR BACKUP - AUG WAN DATA PROCESSING - JUL REF GRADING ESC - 2623 PROMONTOR PATROL & BOARDING FEES 8/30 - 9/10 DOMAIN NAME SETUP CHANGE MCC LOCKERS - 1 TIER & 2 TIER PROJ 03-04 PROF SRVS THRU 818/03 PROJ 01 -19 PROF SRVS THRU 8/8 REF GRADING ESC - 2061 WOODLYN A REIMS FOR WORK BOOTS MAINT CONTRACT - 6/1 - 8130 SOCCER YOUTH T- SHIRTS EMERGENCY RESPONSE DRIVING a/9 MCC SIGNS MCDONOUGH ESC - INV #198448 8127 GRATES BLACK DIRT LABOR TO CHANGE WIRING LIGHTS BILLABLE LOCATE TICKETS REF GRADING ESC - 2285 TILSEN CT E REPAIR WATER SLIDE RAILING CONF REGISTRATION - 1 MEMBERSHIPS AGENCY & PROF DUES CONF REGISTRATION - 1 CONF REGISTRATION REF GRADING ESC - 3M CTR BLDG 277 STRATUS /ENFORS MAINT CONT - OCT DSL SERVICE -AUG MILLINGS REF GRADING ESC -2641 RED PINE CI REF GRADING ESC - 2690 SNOWDRIFT REF MCDONOUGH ESC - INV 198448 SEWER & SECURITY LIGHT MCC SEWER MONTHLY UTIL - 815 TO 918 PROJ 03 -19 PW GARAGE ADDITION REF PAULSON - PROJ 02 -10 DRIVEWAY REF AME COMMUNITY SERVICES - MEM REF ST MARTIN -PROJ 02 -10 DRIVEWAY REF DEAN GANZKOW - AMB 01007337 REF D MCCABE - PROJ 00 -03 EDGING REF AMANDA ESPE - PROJ 00 -03 EDGIN REF G CANFIELD - BLDG PRMT03 -01961 REF ZIELINSKI - PROJ 01 -29 EDGING - 2 REF STEVEN MUND - PROJ 01 -14 EDGIN REF M GILSON - PROJ 01 -29 EDGING -2 REF J PARENTEAU - PROJ 00 -03 EDGIN REF L COLLANDER - PROJ 00 -03 EDGIN REF TIM MCKANE - PROJ 00 -03 EDGING REF K HENNING - PROJ 00 -03 EDGING REF TONY OSWALD - PROJ 00-03 EDGIN REF B LEITER - PROJ 00-03 EDGING Amount 700.00 900.81 392.00 1,040.82 1,118.29 75.00 90,882.00 3,800.00 2,770.75 2,503.36 165.00 182.00 1,217.76 1,050.00 2,401.57 482.75 271.58 4,254.68 228.13 76.18 35.65 1,009.73 115.00 160.00 2345.00 300.00 300.00 7,410.00 738.68 705.13 2,326.50 1,019.59 1,058.22 1,190.95 407.82 218.29 2,176.99 2,561.00 5,079.47 439.29 272.64 144.00 44.58 42.56 40.50 35.83 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 vchlist Check Register Page: 2 09/2212003 1O:O7:O8AM City of Maplewood Check ' Date Vendor Description /Account Amount 61932 912312003 00001 ONE TIME VENDOR REF PIOREK - PROJ 00 -03 EDGING 30.00 61933 9/23/2003 00001 ONE TIME VENDOR REF JOHN WINSTON - PROJ 00-03 EDGI 29.87 61934 9/2312003 00001 ONE TIME VENDOR REF J JODIN - PROJ 00 -03 EDGING 27.66 61935 9/23/2003 00001 ONE TIME VENDOR REF K THOMPSON - PROJ 00 -03 EDGIN 25.40 61936 9/23/2003 00001 ONE TIME VENDOR REF WAYNE LANG -PROJ 00.03 EDGING 22.14 61937 9/23/2003 00001 ONE TIME VENDOR REF G LOCKWOOD - PROJ 00 -03 EDGIN 21.28 61938 9/23/2003 00001 ONE TIME VENDOR REF BARBARA FERROZZO - NSF FEE 20.00 61939 9/23/2003 00001 ONE TIME VENDOR REF ERICA DIAZ - PROJ 00-03 EDGING 19.98 61940 912312003 00001 ONE TIME VENDOR REF D WOODWARD - PROJ 00 -02 EDGIN 18,90 61941 9/23/2003 00001 ONE TIME VENDOR REF STEENBERG - PROJ 00 -03 EDGING 18.07 61942 9/23/2003 00001 ONE TIME VENDOR REF FRANK GILD - PROJ 01 -29 EDGING 17.07 61943 9/23/2003 00001 ONE TIME VENDOR REF ANN BEARTH - NC PROGRAM 6.00 61944 9/23/2003 00001 ONE TIME VENDOR REF ANNETTE SPARKS - NC PROGRAM 6.00 61945 9/23/2003 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING -AUG 16,377.91 61946 9/23/2003 02889 PERFORMANCE TRANS & MACHINE REPAIR SQUAD 950 1,430.00 61947 9/23/2003 01289 PRAIRIE RESTORATIONS INC TROUT BROOK PRESERVE - PRAIRIE MG 73.96 TROUT BROOK PRESERVE - PRAIRIE MG 586.64 TROUT BROOK PRESERVE - PRAIRIE MG 1,070.83 61948 9/2312003 01337 RAMSEY COUNTY -PROP REC & REV DATA PROCESSING SRVS - JUL 3,550.00 PROJ 03 -02 LABOR & EQUIP TO RECYCL 6,478.35 61949 9/23/2003 02010 RAMSEY CTY ATTORNEY'S OFFICE 20°% ADMIN FORF PROP CASE #03 -007- 27.60 61950 9/23/2003 00069 RISK MANAGEMENT ALTERNATIVES COLLECTION AGENCY FEE 15.00 61951 9/23/2003 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 17.76 CAMP SUPPLIES 59.20 CAMP SNACKS 69.23 61952 9123/2003 01463 SISTER ROSALIND GEFRE MASSAGES - AUG 1,933.00 61953 9/23/2003 02887 SMITH, KRISTIN & GUY REF GRADING ESC - 1705 FRANK ST 1,006.30 61954 9/23/2003 02229 SNELL MECHANICAL INC CITY HALL HVAC EQUIP MAINT CONT -JL 927.00 PW HVAC EQUIP MAINT CONT -JUL 794.00 REPAIR EXHAUST FAN 496.13 REPAIR AIR CONDITIONING 147.50 61955 9/23/2003 01504 ST PAUL, CITY OF INSTALL HYDRANT & VALVE 2,025.71 INSTALL 4" SERVICE CONNECTION 1,713.41 CRIME LAB FEES -AUG 380.00 61956 9/23/2003 01526 STATE TREASURER 10% ADMIN FORF PROP CN #03 -007 -109 13.80 61957 9123/2003 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 242.24 INK CARTRIDGES 61.51 INK CARTRIDGES 389.07 61958 9/23/2003 01574 T.A. SCHIFSKY & SONS, INC MCDONOUGH ESC INV 30965C 341.96 VARIOUS BITUMINOUS MATERIALS 1,263.13 VARIOUS BITUMINOUS MATERIALS 568.84 SAND 41.00 DIRT& ASPHALT 328.34 VARIOUS BITUMINOUS MATERIALS 2,439.09 61959 9/23/2003 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 02 -07 PROF SRVS THRU 7/26 6,201.55 61960 9/23/2003 01649 TRI -STATE BOBCAT,INC. 2 WEEK RENTAL OF T200 WITH LEVELI 2,616.00 61961 9/23/2003 02890 VALLEY LETTERING SIGNS & MORE TARTAN ARENA SIGN 498.07 61962 9/23/2003 01734 WALSH, WILLIAM P. COMM PLUMBING INSP- 8/03 - 9/03 530.00 61963 9123/2003 01764 WESTLING, TOM TENNIS HEAD INSTRUCTOR - FALL 551.25 61964 9/2312003 02243 WINDSOR COMPANIES INC IRRIGATION SRVS -AUG 84.95 80 Checks In this report Total checks : 200,842.80 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 09/11/03 09/12/03 09/11/03 09/11/03 09/12/03 09/12/03 09/12/03 09/12/03 09/15/03 09/12/03 09/16/03 09/17/03 09/12/03 09/12/03 09/12/03 09/12/03 09/15/03 09/15/03 09/15/03 09/15/03 09/16/03 09/16/03 09/17/03 09/18/03 MN State Treasurer ICMA (Vantagepointe) DCRP /Flex account MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DCRP & Flex plan payments DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar Amount 14,708.25 6,793.07 564.11 303.00 12,343.00 84,507.63 46,816.52 19,813.71 13,568.84 16,754.37 12,566.82 6,921.55 235,660.87 0 vchlist Check Register Page: 1 09/26/2003 11:41:14AM City of Maplewood Check Date Vendor Description /Account Amount 61965 9/30/2003 02394 ACCENT INS RECOVERY SOLUTIONS REF AMB DOTTIE GRIFFIN 02001145 548.40 61966 9130/2003 00058 AICHELE, CRAIG REIMS FOR TOOL ALLOWANCE 300.00 61967 9/30/2003 00064 ALDRIDGE, MARK REIMB FOR 2003 FALL TUITION 607.50 61968 9/30/2003 02520 ALEXANDER & ASSOCIATES REF GRADING ESC -2664 PROMONTOR 1,042.33 61969 9/30/2003 00072 ALL MAIN STREET ELECTRIC INSTALL SECURITY LIGHTING 3,780.00 61970 9/30/2003 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 9111 - 9119 1,330.18 61971 9/3012003 00159 BARTZ, PAUL REIMB FOR PHONE CHARGER 9118 31.94 61972 9/3012003 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTILITIES 5,739.23 61973 9130/2003 00211 BRAUN INTERTEC CORP. PROJ 02 -10 PROF SRVS THRU 8/8 3,461.75 PROJ 02.14 PROF SRVS THRU 818 3,198.65 61974 9/30/2003 02894 CROCKETT, BART REF GRADING ESC - 1748 SYLVAN ST N 1,032.19 61975 9130/2003 00346 CROSSON, LINDA REIMBURSE FOR BIRTHDAY CAKE 15.99 61976 9/30/2003 00354 CUSTOM FIRE APPARATUS, INC. KNOB & SPRING FOR VALVE 13.00 61977 9/30/2003 00242 CWH RESEARCH, INC. LAW ENFORCEMENT WRITTEN TEST 1,792,70 61978 9/30/2003 02895 DAUB, COLLEEN REF GRADING ESC -2685 RED SPENDE 1,015.07 61979 9/30/2003 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 61980 9/30/2003 02897 EDINA FIRE DEPARTMENT RESCUE TRAINING 120.00 61981 9/30/2003 00463 EMERGENCY APPARATUS MAINT REPAIR AMB MEDIC 2 1,556.27 61982 9/30/2003 00543 GE CAPITAL COPIER LEASE 9/13 - 10/12 293,94 61983 9/30/2003 02158 HANSEN, LORI REIMB FOR MILEAGE 9/7 - 9/17 20.99 61984 9/30/2003 00682 HORWATH, RON REIMB FOR MCC BENCHES 224.00 61985 9/30/2003 00789 KATH FUEL OIL SERVICE CO UNLEADED MID -GRADE (89 OCTANE) G 8,958.95 61986 9/30/2003 02877 LA METTRY'S COLLISION REPAIR DAMAGED SQUAD 952 6,616.00 61987 9/30/2003 00881 LUKIN, STEVE REIMB FOR MEETING /LUNCH - 6 51.00 61988 9/30/2003 02040 MALLORY, GORDON REIMB FOR MEALS & TAXI 8/19 - 8/23 132.68 61989 9/30/2003 02863 MAYER, DUANE PROGRAM SUPPLIES 123.96 VOL BOARD APP PICNIC SUPPLIES 530.96 PROGRAM SUPPLIES 286.48 61990 9/30/2003 01819 MCLEOD USA LOCAL PHONE SERVICE 8116 - 9115 3,917.61 61991 9/30/2003 00971 MELANDER, JON REIMB FOR MEALS & TAXI 8/19 - 8/23 57.81 61992 9/30/2003 02381 MITTLESTAEDT BROS CONST INC REF GRADING ESC - 2701 RED SPENDE 1,041.37 61993 9/30/2003 01082 MN DARE OFFICERS ASSN DARE FALL CONFERENCE 65.00 61994 9/30/2003 01051 MN OCCUPATIONAL HEALTH PRE - EMPLOYMENT PHYSICALS 548.00 61995 9/30/2003 01114 MULVANEY, DENNIS REIMB FOR TOOL ALLOWANCE 300.00 61996 9/30/2003 01126 NCPERS GROUP LIFE INS 612001 PERA LIFE INS (P /R DEDUCTED IN SEP 229.00 61997 9/30/2003 01202 NYSTROM PUBLISHING CO INC CITY NEWSLETTER - SEP 2,320.00 61998 9/30/2003 00001 ONETIMEVENDOR REF CLAYTON BLEKEBERG - DRIVEWA 138.60 61999 9/30/2003 00001 ONE TIME VENDOR REF VO XUNG -AMB 02003121 126.67 62000 9/30/2003 00001 ONE TIME VENDOR REF ROGER KESSLER - MEMBERSHIP 71.89 62001 9/30/2003 00001 ONE TIME VENDOR REF DENNIS PAULSON - DRIVEWAY 70.53 62002 9/30/2003 00001 ONE TIME VENDOR REF EMILY LIDDIARD - MCC PROGRAM 70.00 62003 9/30/2003 00001 ONE TIME VENDOR REF TERRI ENGEL - MCC PROG 45.00 62004 9/30/2003 00001 ONE TIME VENDOR REF ELIZABETH FLORA - MEMBERSHIP 42.00 62005 9/30/2003 00001 ONE TIME VENDOR REF JAN CIANCIARULO - MCC PROGRA 31.95 62006 9/30/2003 00001 ONETIME VENDOR REF JOYCE BIAGINI - MCC PROG 15.98 62007 9/30/2003 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 281.60 62008 9/30/2003 01269 PIPE SERVICES INC PROJ 03 -18 TELEVISE STORM SEWER 292,50 TV INSP OF SANITARY SEWER MAINS. 19,847.80 PROJ 02 -10 SANITARY SEWER INSP 2,128.93 62009 9/30/2003 01337 RAMSEY COUNTY -PROP REC & REV NATIVE PLANTS 281.16 62010 9/30/2003 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 105.38 CAMP SUPPLIES 69.54 MERCH FOR RESALE 130.22 62011 9/30/2003 01497 SPRINGSTED VAN DYKE TIF PROF SRVS THRU 777 3,882.50 vchlist Check Register Page: 2 09/26/2003 11:41:14AM City of Maplewood Check Date Vendor 62011 9/30/2003 01497 62012 9/30/2003 01504 62013 9/30/2003 01567 62014 9/30/2003 02896 62015 9/30/2003 01649 62016 9/30/2003 01580 62017 9/30/2003 02069 SPRINGSTED ST PAUL, CITY OF Description /Account Amount SVENDSEN, RUSTIN THORNTON, JEREMY TRI -STATE BOBCAT, INC. TSE, INC. ULTIMATE DRAIN SERVICES INC 62018 9130/2003 01683 UNIFORMS UNLIMITED INC 62019 9/30/2003 01698 62020 9/30/2003 02290 62021 9/30/2003 01482 62022 9/30/2003 02410 62023 9/26/2003 02103 62024 9/30/2003 01807 UNITED WAY OF THE ST. PAUL UNUM LIFE INSURANCE - STD VEESENMEYER, DANIEL G WELLS FARGO LEASING INC WILLIAM J BUSINESS INTERIORS ZWIEG, SUSAN (Continued) TAX INCREMENT ANALYSIS HYDRANT USE MAY -JUL HYDRANT & WATER USE APR - JUN HYDRANT/ WATER USE APR - JUN REIMS FOR MEALS & TAXI 8/19 - 8/24 REF GRADING ESC - 2698 SNOWDRIFT 78 "LANDPLANE CUSTODIAN SERVICES 7/24 - 8/20 PROJ 01 -16 TELEVISE SEWER LINES PROJ 01 -16 TELEVISE SEWER LINE PROJ 01 -16 TELEVISE SEWER LINE PROJ 01 -16 TELEVISE SEWER LINE LEVEL 3A VEST BADGE UNIFORM UNIFORM QUARTERLY PYMT SHORT -TERM DISABILITY - SEP 2003 B NEW SOCCER FIELD SURFACE RICOH COPIER LEASE - SEP SHELVING REIMB MEAL, BOOK, CLASS, PRKG 9123 3,357.50 67.73 399.98 621.93 322.87 1,027.40 1,237.53 750.19 185.00 185.00 185.00 185.00 769.50 47.39 28.50 157.16 763.00 15.96 1,950.00 1,420.70 543.53 46.11 60 Checks in this report Total checks : 93,713.38 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 09118/03 09/19/03 MN State Treasurer Drivers License /Deputy Registrar 6,339.70 09/10/03 09/19/03 MN Dept of Revenue Sales Tax 6,891.00 09118/03 09/19/03 MN Dept of Natural Resources DNR electronic licenses 273.00 09/19/03 09/22/03 MN State Treasurer Drivers License /Deputy Registrar 16,374.49 09/08/03 09/22/03 MN Dept of Revenue Fuel Tax 222.00 09/22/03 09/22/03 DCRP /Flex account DCRP & Flex plan payments 398.54 09/22/03 09/23/03 MN State Treasurer Drivers License /Deputy Registrar 11,062.56 09/23/03 09124/03 MN State Treasurer Drivers License /Deputy Registrar 16,717.05 09/24/03 09/25/03 MN State Treasurer Drivers License /Deputy Registrar 9,771.13 09/25/03 09125/03 JP Morgan Chase Investment purchase 499,916.67 09/19/03 09/25/03 Elan Financial Services` Purchasing card items 62,486.62 TOTAL 630,452.76 `Detailed listings of Elan purchasing card items are attached 7 vchlist Check Register Page: 1 10/03/2003 11:40:36AM City of Maplewood Check Date Vendor Description /Account Amount 62025 10/1/2003 01085 MN LIFE INSURANCE MONTHLY PREM 3,646.35 62026 10/7/2003 00090 AMERICAN RED CROSS RED CROSS TRAINING CLASS - 5 345.00 62027 101712003 02899 ANDERSEN HOME BUILDERS INC REF GRADING ESCR -1323 BURKE CIR E 1,015.75 62028 10/7/2003 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 9/20 - 9/30 1,415.63 62029 10/7/2003 00162 BAUMAN, GAYLE REIMB MEAL, LODGING, MILES 9/16 -19 440.17 62030 1017/2003 00174 BELDE, STAN K -9 HANDLER - OCT 35.00 62031 10/7/2003 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 78.00 MERCH FOR RESALE 39.00 62032 1017/2003 02900 BOE, ERIK WALTER REF GRADING ESC - 2262 TILSEN CT 1,080.27 62033 10/712003 00211 BRAUN INTERTEC CORP. PROJ 02 -14 PROF SRVS THRU 915 189.75 PROJ 01 -19 PROF SRVS THRU 9/5 331.50 PROJ 02 -10 PROF SRVS THRU 9/5 5,963.00 62034 1017/2003 00214 BREHEIM HEATING INC. INSTALL 145000 BTU ADP UNIT HEATER 2,813.00 62035 1017/2003 02761 DAHLGREN, SHARDLOW AND UBAN PROF SRVS HIJACEK PROPERTY 968.00 62036 10/7/2003 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 62037 1017/2003 02537 DIESEL, GERRY LEAD TENNIS INSTRUCTOR 216.00 62038 10/7/2003 00499 FAUST, DANIEL REIMB FOR MEAL & LODGING 9/16 -18 327.85 62039 10/7!2003 02856 FOERG, ELIZABETH REIMB FOR MILEAGE 8/1 - 9124 83.88 62040 10/7/2003 02642 GALLES CORP JANITORIAL SUPPLIES 83.87 62041 10/712003 00555 GAYNOR, VIRGINIA REIMB MEALS, PRKG, MILEAGE 6/18 - 9 213.27 REIMB FOR MILEAGE 7115 -9/30 50.55 62042 10/7/2003 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - MAY 88.35 62043 10/712003 00589 GRAF, DAVE KARATE INSTRUCTOR 17725 62044 10/7/2003 00668 HIEBERT, STEVEN K -9 HANDLER OCT 35.00 62045 10!712003 00483 IDEACOM MID - AMERICA CREDIT DSS, PHONES, ANALOG ADAPT - 2,159.82 CHANGE ORDER - PHONE -96,92 25 FOOT HANDSET CORD & HEADSET 281.16 SHOULDER REST 254 ANALOG IP ADAPTERS 2,360.04 TELEPHONE SYSTEM FOR CITY HALL C 41,890.26 AUTO REPORTER & SCHED, SPARE PH 7,529.55 16 PORT ANALOG CARD 1,139.55 MONAURAL HEADSET TOP 351.45 INTER -TEL HEADSETS 966,49 2200 WATT BATTERY BACKUP 574.04 EXTEND FIBER IN PW BLDG 842.42 24 PORT IP CARD (IN PLACE OF 16 POR 2,684.87 OVERTIME LABOR FOR WEEKEND INS 3,237.60 CONNECT RING DOWN CIRCUIT 181.05 ADDL LABOR, CABLE, BLOCKS, REJACK 4,097.59 62046 10/7/2003 02607 KINNICKINNIC NATIVES LLC PLANTS 574.90 62047 10/7/2003 00827 L M C I T WORK COMP OCT - DEC 2003 39,620.75 62048 10/7/2003 02898 LAF LINES LTD CRAYONS 2663 62049 10/7/2003 00857 LEAGUE OF MINNESOTA CITIES ANNUAL MEMBERSHIP 16,265.00 62050 10/7/2003 02280 LINO LAKES LANDSCAPING INC INSTALL SOD WAKEFIELD PARK 1,028.50 PROJ 03 -02 INSTALL SOD & SEED 9,769.00 PROJ 03 -02 INSALL SOD & SEED 1,980.00 62051 10/7/2003 00881 LUKIN, STEVE REIMB FOR COURSE 9111 30.00 62052 1017/2003 00891 MAMA MAMA LUNCHEON 7/17 18.00 62053 10/7/2003 00932 MAPLEWOOD BAKERY MERCH FOR RESALE - AUG 437.31 BIRTHDAY CAKES 155.50 BIRTHDAY CAKES 45.75 BIRTHDAY CAKES 173.75 BIRTHDAY CAKES 95.50 vchlist Check Register Page: 2 10/03/2003 11:4O:36AM City of Maplewood Check Date Vendor 62054 10/7/2003 02902 MC NEALLY, STEVE 62055 10/712003 02901 MCDONOUGH, PATRICIA ANNE 62056 1017/2003 00985 METROPOLITAN COUNCIL 62057 10/7/2003 00986 METROPOLITAN COUNCIL 62058 10/7/2003 01028 MN STATE TREASURER STAX 62059 1017/2003 01933 MUNICIPAL CODE CORP 62060 10/7/2003 02836 MURRA, AARON 62061 10/7/2003 01174 NORTH ST PAUL- MAPLEWOOD- 62062 101712003 00001 ONE TIME VENDOR 62063 10/7/2003 00001 ONE TIME VENDOR 62064 10/7/2003 00001 ONE TIME VENDOR 62065 10/7/2003 02903 PARK CONSTRUCTION CO 62066 1017/2003 02630 PEARSON BROS INC 62067 10/7/2003 01360 REINHART FOODSERVICE 62068 10/7/2003 01418 SAM'S CLUB DIRECT 62069 62070 62071 62072 62073 62074 62075 62076 62077 62078 62079 62080 62081 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/7/2003 10/712003 10/7/2003 101711003 10/7/2003 02905 01466 02677 01516 01550 01574 01588 01649 01580 01699 01734 02904 02462 SEVILLA BROS SKYHAWKS SPORTS ACADEMY SPECIALTY CONSTRUCTION SRV INC STAPLES, PAULINE SUMMIT INSPECTIONS T.A. SCHIFSKY & SONS, INC TAUBMAN,DOUGLASJ TRI -STATE BOBCAT, INC. TSE, INC. UNIVERSITY OF MINNESOTA WALSH, WILLIAM P. WEGNER, JOSEPH A WEMYSS, SCOTT D 57 Checks in this report DescrlptionlAccount REF GRADING ESC - 1494 STERLING ST REF GRADING ESC - 1750 HOWARD ST WASTEWATER - OCT MONTHLY SAC - SEP MONTHLY SURTAX - SEP EDITORIAL REVIEW /CONTRACT BASE REIMB MILEAGE & VEH ALL 9/3 - 9115 REIMB MILEAGE & VEH ALLOW 9117 - 29 ROTARY CLUB MEMBERSHIP DUES REF MARK SADOWSKI - MEMBERSHIP REF B MELINE - PROJ 02 -10 DRIVEWAY REF J KELLER - PROJ 02 -10 DRIVEWAY PROJ 01 -16 HAZELWOOD ST #1 CRS12 EMUILSIFIED ASPHALT PROGRAM SUPPLIES MERCH FOR RESALE CAMP SUPPLIES PROGRAM SUPPLIES BD APPRECIATION PICNIC SUPPLIES MERCH FOR RESALE MERCH FOR RESALE FLOOR REFINISHING - GYM & RACQUET SOCCER & FLAG FOOTBALL PROGRAM REF GRADING ESC - 3100 ARIEL ST N REIMB FOR MILEAGE 9/23 - 9/26 ELECTRICAL CONTRACTOR INSP VARIOUS BITUMINOUS MATERIALS REIMB FOR MEALS 9/24 - 9126 BOBCAT LOADER RENTAL GROUNDSKEEPING SRVS 6/9-6/11 TRAILS WORKSHOP REGISTRATION - 2 COMM PLUMBING INSP REF GRADING ESC - 2945 WALTER ST N NAME TAGS Total checks Amount 1,037.12 378.90 183,178.87 26,507.25 3,505.72 7,573.55 42.74 35.55 175.00 435.48 248.58 92.87 200,750.96 54,063.23 709.76 142.35 53.86 620.82 41.63 35.37 65.00 8,350.00 3,958.00 4,388.90 163.88 3,094.00 1,885.71 23.00 266.25 248.79 120.00 581.51 500.62 12.00 657,788.63 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 09/25/03 09/26/03 MN State Treasurer Drivers License /Deputy Registrar 15,114.23 09/26103 09/26103 ICMA (Vantagepointe) Deferred Compensation 6,967.07 09/25/03 09/26/03 DCRP /Flex account DCRP & Flex plan payments 57.70 09/25/03 09/26/03 MN Dept of Natural Resources DNR electronic licenses 446.50 09/26/03 09/29/03 MN State Treasurer Drivers License /Deputy Registrar 8,807.71 09/26103 09/29/03 U.S. Treasurer Federal Payroll Tax 81,696.81 09/26/03 09/29/03 P.E.R.A. P.E.R.A. 47,010.59 09/26/03 09/29/03 Orchard Trust Deferred Compensation 19,710.00 09/29/03 09130/03 MN State Treasurer Drivers License /Deputy Registrar 12,516.94 09/26/03 09/30103 MN State Treasurer State Payroll Tax 16,427.88 09/26/03 09/30/03 Federal Reserve Bank Savings Bonds 300.00 09/29103 09/30/03 Pitney Bowes Postage 3,000.00 09/30103 10101/03 MN State Treasurer Drivers License /Deputy Registrar 15,980.25 10/01/03 10/01/03 JP Morgan Chase Investment purchase 499,896.94 10/01/03 10 /01 /03 US Bank Debt Service 497,974.98 10/01/03 10/02/03 MN State Treasurer Drivers License /Deputy Registrar 19,569.99 10 /02/03 10/02/03 DCRP /Flex account DCRP & Flex plan payments 652.69 TOTAL 1,246,130.28 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/26/03 COLLINS, KENNETH 357.47 dd 09/26/03 JUENEMANN, KATHLEEN 357.47 dd 09/26/03 KOPPEN, MARVIN 357.47 dd 09/26/03 COLEMAN, MELINDA 3,682.46 dd 09/26/03 DARST, ROBERTA 1,399.42 dd 09/26/03 FURSMAN, RICHARD 4,638.25 dd 09/26/03 SCHLINGMAN, PAUL 2,026.22 dd 09/26/03 SEEGER, GERALD 488.63 dd 09/26/03 SWANSON, LYLE 1,751.40 dd 09/26/03 LE, SHERYL 3,592.64 dd 09/26/03 RAMEAUX, THERESE 2,133.34 dd 09/26/03 FAUST, DANIEL 3,745.90 dd 09/26/03 URBANSKI, HOLLY 1,957.17 dd 09/26/03 ANDERSON, CAROLE 937.39 dd 09/26/03 BAUMAN, GAYLE 2,869.17 dd 09/26/03 JACKSON, MARY 1,715.85 dd 09/26/03 KELSEY, CONNIE 733.65 dd 09/26/03 TETZLAFF, JUDY 1,683.05 dd 09/26/03 FRY, PATRICIA 1,868.27 dd 09/26/03 GUILFOILE, KAREN 2,546.16 dd 09/26/03 OSIER, ANDREA 1,663.75 dd 09/26/03 CARLE, JEANETTE 1,637.56 dd 09/26/03 JAGOE, CAROL 1,557.64 dd 09/26/03 JOHNSON, BONNIE 949.98 dd 09/26/03 OLSON, SANDRA 1,270.62 dd 09/26/03 WEAVER, KRISTINE 809.85 dd 09/26/03 BANICK, JOHN 3,201.24 dd 09/26/03 CORCORAN, THERESA 1,478.25 dd 09/26/03 POWELL, PHILIP 1,993.26 dd 09/26/03 SPANGLER, EDNA 841.50 dd 09/26/03 THOMALLA, DAVID 3,546.50 dd 09/26/03 ABEL, CLINT 2,027.11 dd 09/26/03 ALDRIDGE, MARK 2,259.57 dd 09/26/03 ANDREWS, SCOTT 3,211.68 dd 09/26/03 BAKKE, LONN 2,490.62 dd 09/26/03 BELDE, STANLEY 2,524.67 dd 09/26/03 BIERDEMAN, BRIAN 1,700.93 dd 09/26/03 BOHL, JOHN 2,619.11 dd 09/26/03 BUSACK, DANIEL 2,177.35 dd 09/26/03 COFFEY, KEVIN 1,727.10 dd 09/26/03 CROTTY, KERRY 2,280.92 dd 09/26/03 DOBLAR, RICHARD 2,115.21 dd 09/26/03 HALWEG, KEVIN 3,056.75 dd 09/26/03 HEINZ, STEPHEN 2,365.13 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/26/03 HIEBERT, STEVEN 2,881.54 dd 09/26/03 JOHNSON, KEVIN 3,732.99 dd 09/26/03 KARIS, FLINT 3,670.42 dd 09/26/03 KONG, TOMMY 2,451.78 dd 09/26/03 KROLL, BRETT 2,484.75 dd 09/26/03 KVAM, DAVID 2,832.91 dd 09/26/03 LARSON, DANIEL 2,464.05 dd 09/26/03 LU, JOHNNIE 2,318.73 dd 09/26/03 MARINO, JASON 2,074.08 dd 09/26/03 MARTIN, JERROLD 2,257.57 dd 09/26/03 METRY, ALESIA 2,02711 dd 09/26/03 PALMA, STEVEN 2,515.89 dd 09/26/03 RABBETT, KEVIN 2,945.80 dd 09/26/03 STEFFEN, SCOTT 3,011.34 dd 09/26/03 SZCZEPANSKI, THOMAS 2,682.60 dd 09/26/03 THIENES, PAUL 2,384.48 dd 09/26/03 TRAM, JOSEPH 1,770.83 dd 09/26/03 WENZEL, JAY 2,257.36 dd 09/26/03 XIONG, KAO 1,708.70 dd 09/26/03 BARTZ, PAUL 2,889.05 dd 09/26/03 BERGERON, JOSEPH 3,560.46 dd 09/26/03 DUGAS, MICHAEL 2,002.59 dd 09/26/03 DUNN, ALICE 2,629.53 dd 09/26103 ERICKSON, VIRGINIA 2,417.40 dd 09/26/03 EVERSON, PAUL 1,700.42 dd 09/26/03 FLOR, TIMOTHY 3,415.90 dd 09/26/03 FRASER, JOHN 2,433.36 dd 09/26/03 HALWEG, JODI 1,51026 dd 09/26/03 KATZMAN, BARBARA 1,632.42 dd 09/26/03 VALLIER, DANIEL 551.25 dd 09/26/03 LANGNER, SCOTT 1,597.37 dd 09/26/03 OLSON, JULIE 2,177.35 dd 09/26/03 PARSONS, KURT 1,792.31 dd 09/26/03 PIKE, GARY 2,177.35 dd 09/26/03 ROSSMAN, DAVID 2,637.65 dd 09/26/03 DAWSON, RICHARD 1,735.86 dd 09/26/03 DUELLMAN, KIRK 1,735.86 dd 09/26/03 JOHNSON, DOUGLAS 1,628.85 dd 09/26/03 NOVAK, JEROME 1,676.41 dd 09/26/03 PETERSON, ROBERT 1,705.85 dd 09/26/03 SVENDSEN, RONALD 1,743.25 dd 09/26/03 GERVAIS -JR, CLARENCE 2,429.15 dd 09/26/03 BOYER, SCOTT 1,780.65 dd 09/26/03 FEHR, JOSEPH 1,756.65 dd 09/26/03 FLAUGHER, JAYME 1,804.16 dd 09/26/03 JACKSON, LINDA 1,469.45 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/26/03 KARELS, BRITTANY 68.00 dd 09/26/03 LAFFERTY, WALTER 1,756.65 dd 09/26/03 LINN, BRYAN 1,635.85 dd 09/26/03 PACOLT, MARSHA 1,999.85 dd 09/26/03 RABINE, JANET 1,980.46 dd 09/26/03 STAHNKE, JULIE 1,917.25 dd 09/26/03 LUKIN, STEVEN 3,255.62 dd 09/26/03 SVENDSEN, AUSTIN 2,599.72 dd 09/26/03 ZWIEG, SUSAN 1,661.45 dd 09/26/03 DOLLERSCHELL, ROBERT 268.49 dd 09/26/03 AHL, R. CHARLES 3,896.70 dd 09/26/03 NIVEN, AMY 1,083.49 dd 09/26/03 PRIEFER, WILLIAM 2,391.25 dd 09/26/03 WEGWERTH, JUDITH 1,666.06 dd 09/26/03 BRINK, TROY 1,475.71 dd 09/26/03 DEBILZAN, THOMAS 1,678.65 dd 09/26/03 EDGE, DOUGLAS 2,303.70 dd 09/26/03 KANE, MICHAEL 2,643.39 dd 09/26/03 LUTZ, DAVID 1,738.86 dd 09/26/03 MEYER, GERALD 1,815.08 dd 09/26/03 NAGEL, BRYAN 1,906.15 dd 09/26/03 OSWALD, ERICK 1,906.15 dd 09/26/03 TEVLIN, TODD 1,565.64 dd 09/26/03 BOHMBACH, JOSHUA 607.20 dd 09/26/03 CAVETT, CHRISTOPHER 2,967.22 dd 09/26/03 DUCHARME, JOHN 2,167.05 dd 09/26/03 LINDBLOM, RANDAL 2,666.98 dd 09/26/03 MURRA, AARON 284.94 dd 09/26/03 PECK, DENNIS 2,787.22 dd 09/26/03 PRIEBE, WILLIAM 2,674.30 dd 09/26/03 SCHACHT, ERIN 2,005.45 dd 09/26/03 TATE, FRANK 1,551.85 dd 09/26/03 VERMEERSCH, CHARLES 1,912.65 dd 09/26103 ANDERSON, BRUCE 3,654.44 dd 09/26/03 DOHERTY, KATHLEEN 1,666.06 dd 09/26/03 HERSOM, HEIDI 1,842.25 dd 09/26/03 MARUSKA, MARK 2,439.86 dd 09/26/03 NAUGHTON, JOHN 1,502.25 dd 09/26/03 SCHINDELDECKER, JAMES 1,734.25 dd 09/26/03 BIESANZ, OAKLEY 1,362.07 dd 09/26/03 HAYMAN, JANET 1,006.90 dd 09/26/03 HUTCHINSON, ANN 2,031.17 dd 09/26/03 KOS, HEATHER 585.00 dd 09/26/03 NELSON, JEAN 971.18 dd 09/26/03 FOERG, ELIZABETH 750.00 dd 09/26/03 GAYNOR, VIRGINIA 1,827.06 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/26/03 EKSTRAND, THOMAS 2,558.53 dd 09/26/03 KROLL, LISA 1,065.49 dd 09/26/03 LIVINGSTON, JOYCE 923.37 dd 09/26/03 SINDT, ANDREA 1,439.85 dd 09/26/03 THOMPSON, DEBRA 782.60 dd 09/26/03 YOUNG, TAMELA 1,335.85 dd 09/26/03 FINWALL, SHANN 1,968.65 dd 09/26/03 ROBERTS, KENNETH 2,368.35 dd 09/26/03 CARVER, NICHOLAS 2,346.15 dd 09/26/03 FISHER, DAVID 2,794.18 dd 09/26/03 RICE, MICHAEL 1,415.05 dd 09/26/03 SWAN, DAVID 1,757.45 dd 09/26/03 KONEWKO, DUWAYNE 2,254.25 dd 09/26/03 ANZALDI, MANDY 864.50 dd 09/26/03 WORK, ALICIA 18.13 dd 09/26/03 WORK, BRANDON 187.69 dd 09/26/03 FINN, GREGORY 1,862.74 dd 09/26/03 GRAF, MICHAEL 1,678.82 dd 09/26/03 KELLY, LISA 1,124.50 dd 09/26/03 LUSHANKO, ADAM 144.00 dd 09/26/03 ROBBINS, AUDRA 1,731.22 dd 09/26/03 TAUBMAN, DOUGLAS 2,562.64 dd 09/26/03 BREHEIM, ROGER 893.67 dd 09/26/03 NORDQUIST, RICHARD 607.33 dd 09/26/03 SCHULTZ, SCOTT 1,867.06 dd 09/26/03 CROSSON, LINDA 2,162.18 dd 09/26/03 EASTMAN, THOMAS 2,345.93 dd 09/26/03 MAROUSHEK, KRISTIN 637.68 dd 09/26/03 PELOQUIN, PENNYE 439.42 dd 09/26/03 SCHMIDT, RUSSELL 1,643.88 dd 09/26/03 STAPLES, PAULINE 2,641.74 dd 09/26/03 ABRAHAMSON, DANIEL 86.79 dd 09/26/03 ABRAHAMSON, REBECCA 482.24 dd 09/26/03 BADEN, ALISON 87.08 dd 09/26/03 BENDTSEN, LISA 6.95 dd 09/26/03 BRENEMAN, NEIL 235.62 dd 09/26/03 CORNER, AMY 33.20 dd 09/26/03 ERICKSON, CAROL 22.50 dd 09/26/03 FONTAINE, ANTHONY 719.00 dd 09/26/03 HAUSER, KATHRYN 21.45 dd 09/26/03 HORWATH, RONALD 1,648.82 dd 09/26/03 IRISH, GRACE 26.20 dd 09/26/03 KOEHNEN, MARY 504.32 dd 09/26/03 KRONHOLM, KATHRYN 286.75 dd 09/26/03 LAWSON, JOSHUA 3.50 dd 09/26/03 LINDSTROM, AMANDA 71.93 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/26/03 OVERBY, ANNA 18.00 dd 09/26/03 POWERS, JESSICA 55.31 dd 09/26/03 SIMONSON, JUSTIN 202.65 dd 09/26/03 THOEMKE, MARIE 17.88 dd 09/26/03 TUPY, HEIDE 70.90 dd 09/26/03 TUPY, MARCUS 169.68 dd 09/26/03 GROPPOLI, LINDA 293.25 dd 09/26/03 KURKOSKI, STEPHANIE 35.75 dd 09/26/03 RENSLOW, RITA 193.05 dd 09/26/03 SHERRILL, CAITLIN 170.63 dd 09/26/03 CRAWFORD - JR, RAYMOND 194.60 dd 09/26/03 LONETTI, JAMES 979.45 dd 09/26/03 PATTERSON, ALBERT 991.18 dd 09/26/03 PRINS, KELLY 885.66 dd 09/26/03 REILLY, MICHAEL 1,581.95 dd 09/26/03 STEINHORST, JEFFREY 162.75 dd 09/26/03 ZIEMER, NICOLE 95.90 dd 09/26/03 AICHELE, CRAIG 1,759.79 dd 09/26/03 PRIEM, STEVEN 2,003.88 dd 09/26/03 BERGO, CHAD 1,933.93 dd 09/26/03 FOWLDS, MYCHAL 1,711.45 dd 09/26/03 HURLEY, STEPHEN 2,794.18 Wf 94886 09/26/03 CARDINAL, ROBERT 406.20 Wf 94887 09/26/03 WASILUK, JULIE 357.47 wf 94888 09/26/03 FRAZIER, JOSEPH 50.00 Wf 94889 09/26/03 INGVOLDSTAD, CURTIS 100.00 Wf 94890 09/26/03 KARSTENS, BRAD 50.00 Wf 94891 09/26/03 JAHN, DAVID 1,555.93 Wf 94892 09/26/03 MALDONADO, JUANA 603.68 Wf 94893 09/26/03 MORIN, TROY 233.75 Wf 94894 09/26/03 MATHEYS, ALANA 1,793.85 Wf 94895 09/26/03 HANSEN, LORI 1,815.32 Wf 94896 09/26/03 VIETOR, LORRAINE 1,692.79 Wf 94897 09/26/03 ANDERSON, CYNTHIA 64.00 Wf 94898 09/26/03 ANDERSON, ELSIE 139.50 Wf 94899 09/26/03 ANDERSON, RONALD 64.00 Wf 94900 09/26/03 ANDERSON, SUZANNE 124.00 Wf 94901 09/26/03 BARRETT, MARLIS 64.00 Wf 94902 09/26/03 BARTELT, JOAN 64.00 wf 94903 09/26/03 BERM, GERALD 139.50 Wf 94904 09/26/03 BELLAND, JAIME 124.00 Wf 94905 09/26/03 BERGER CAROLE 64.00 Wf 94906 09/26/03 BERGER, MERVIN 153.00 Wf 94907 09/26/03 BREIDENSTEIN, ANNA 64.00 wf 94908 09/26/03 BUNDE, JENNETTE 124.00 Wf 94909 09/26/03 CAHANES, LUCILLE 144.00 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 94910 09/26/03 CARP ROBERT 56.00 wf 94911 09/26/03 CONNELLY, THOMAS 116.00 Wf 94912 09/26/03 DAVIDSON, MAE 116.00 Wf 94913 09/26/03 DICKSON, HELEN 80.00 Wf 94914 09/26/03 DITTEL, KATHLEEN 130.00 Wf 94915 09/26/03 DROEGER, DIANE 148.50 Wf 94916 09/26/03 DUCHARME, FRED 141.75 Wf 94917 09/26/03 DUELLMAN, AUDREY 130.50 Wf 94918 09/26/03 EICKHOFF, CAROLYN 64.00 Wf 94919 09/26/03 EINEKE, JOHN 139.50 Wf 94920 09/26/03 ERICKSON, ELIZABETH 72.00 Wf 94921 09/26/03 FITZGERALD, DELORES 64.00 Wf 94922 09/26/03 FRANSSEN, MARYANN 120.00 wf 94923 09/26/03 GIERZAK, CLARICE 116.00 wf 94924 09/26/03 GOLASKI, DIANE 134.00 wf 94925 09/26/03 GRANGER, BETTY 60.00 Wf 94926 09/26/03 GRANT, GUY 80.00 Wf 94927 09/26/03 GULLICKSON, RAY 60.00 Wf 94928 09/26/03 HAAVISTO, WENDY 80.00 Wf 94929 09/26/03 HAYDE, WALTER 118.00 Wf 94930 09/26/03 HECHT, LLOYD 118.00 Wf 94931 09/26/03 HEININGER, GORDON 72.00 Wf 94932 09/26/03 HENSLEY, PATRICIA 124.00 Wf 94933 09/26/03 HINES, CONSTANCE 64.00 Wf 94934 09/26/03 HORTON, SHIRLEE 116.00 Wf 94935 09/26/03 JANACEK, JEFFREY 116.00 Wf 94936 09/26/03 JOHNSON, BARBARA 116.00 Wf 94937 09/26/03 JONES, VICTORIA 132.00 Wf 94938 09/26/03 KANDLER, DOROTHEA 64.00 Wf 94939 09/26/03 KIDMAN, MARILYN 60.00 Wf 94940 09/26/03 KING, HELEN 72.00 Wf 94941 09/26/03 KOCH, ROSEMARY 116.00 Wf 94942 09/26/03 KOLASA, JOAN 116.00 Wf 94943 09/26/03 KOLASA, JOSEPH 116.00 wf 94944 09/26/03 KREKELBERG, MONA 128.00 Wf 94945 09/26/03 KUNDE, MARGARET 112.00 Wf 94946 09/26/03 LACKNER, MARVELLA 116.00 Wf 94947 09/26/03 LALLY, RITA 139.50 Wf 94948 09/26/03 LARSON, ANITA 76.00 wf 94949 09/26/03 LAUREN, LORRAINE 126.00 wf 94950 09/26/03 LEITER, BARBARA 150.75 Wf 94951 09/26/03 LOFGREN, DELORES 68.00 Wf 94952 09/26/03 LOFGREN, RICHARD 153.00 Wf 94953 09/26/03 LUTTRELL, SHIRLEY 144.00 wf 94954 09/26/03 MAEYAERT, PAUL 124.00 wf 94955 09/26/03 MAHRE, CAROL 148.50 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 94956 09/26/03 MANDERS, ROSE 60.00 Wf 94957 09/26/03 MARSH, DELORES 120.00 Wf 94958 09/26/03 MASKREY, THOMAS 72.00 wf 94959 09/26/03 MEYER, JACQUELINE 112.00 Wf 94960 09/26/03 MISGEN, JOAN 118.00 Wf 94961 09/26/03 MOLLERS, KATHERINE 116.00 Wf 94962 09/26/03 MOSSONG, BETTY 132.00 Wf 94963 09/26/03 NIEMAN, JAMES 124.00 Wf 94964 09/26/03 NIETERS, LOUISE 128.00 Wf 94965 09/26/03 PAULEY, PHYLLIS 120.00 Wf 94966 09/26/03 PEHL, DAVID 126.00 Wf 94967 09/26/03 PETERSEN, KARYL 116.00 Wf 94968 09/26/03 ROSSI, ROSE 108.00 Wf 94969 09/26/03 RUDEEN, ELAINE 120.00 Wf 94970 09/26/03 SAJEVIC, FLORENCE 64.00 Wf 94971 09/26/03 SCHAAF, LARRY 120.00 wf 94972 09/26/03 SCHNEIDER, MARY 124.00 Wf 94973 09/26/03 SCHOENECKER, SANDRA 88.00 Wf 94974 09/26/03 SCHROEPFER, DONALD 116.00 Wf 94975 09/26/03 SCHROEPFER, HARRIET 116.00 Wf 94976 09/26/03 SKLUZACEK, EVELYN 64.00 Wf 94977 09/26/03 SPIES, LOUIS 153.00 Wf 94978 09/26/03 STAFKI, TIM 64.00 Wf 94979 09/26/03 TAYLOR, LORRAINE 100.00 Wf 94980 09/26/03 TAYLOR, RITA 116.00 Wf 94981 09/26/03 THOMFORDE, FAITH 120.00 Wf 94982 09/26/03 THOMPSON, MILO 139.50 Wf 94983 09/26/03 THOMPSON, PATRICIA 146.25 Wf 94984 09/26/03 TOLBERT, D- FRANKLIN 120.00 Wf 94985 09/26/03 TOMASZEWSKI, CARMEN 44.00 Wf 94986 09/26/03 TROOIEN, GERALDINE 120.00 Wf 94987 09/26/03 TUCKER, CECILIA 128.00 Wf 94988 09/26/03 VANDEVEER, BARBARA 100.00 Wf 94989 09/26/03 VATNE, MARY 126.00 Wf 94990 09/26/03 WANDERSEE, GENE 116.00 Wf 94991 09/26/03 WASMUNDT, GAYLE 72.00 Wf 94992 09/26/03 WILLY, JOHN 118.00 Wf 94993 09/26/03 PALANK, MARY 1,648.61 Wf 94994 09/26/03 RICHIE, CAROLE 1,653.22 wf 94995 09/26/03 SVENDSEN, JOANNE 1,947.40 Wf 94996 09/26/03 SHORTREED, MICHAEL 2,604.83 Wf 94997 09/26/03 STEINER, JOSEPH 450.00 Wf 94998 09126/03 WELCHLIN, CABOT 2,347.49 Wf 94999 09/26/03 ENGSTRAN, STEVEN 51.00 Wf 95000 09/26/03 FREBERG, RONALD 1,775.46 Wf 95001 09/26/03 JONES, DONALD 1,711.45 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD W CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 95002 09/26/03 GROVER, MICHAEL 483.45 Wf 95003 09/26/03 JACOBSON, SCOTT 682.50 wf 95004 09/26/03 JAROSCH, JONATHAN 354.00 wf 95005 09/26/03 EDSON, DAVID 1,768.46 Wf 95006 09/26/03 HELEY, ROLAND 1,770.77 Wf 95007 09/26/03 HINNENKAMP, GARY 1,997.57 Wf 95008 09/26/03 LINDORFF, DENNIS 1,736.56 Wf 95009 09/26/03 NOVAK, MICHAEL 1,621.45 Wf 95010 09/26/03 GERNES, CAROLE 640.00 Wf 95011 09/26/03 SOUTTER, CHRISTINE 57.38 wf 95012 09/26/03 ANZALDI, KALI 338.88 Wf 95013 09/26/03 BALLESTRAZZE, THAD 53.75 Wf 95014 09/26/03 BANICK, STEVE 33.00 Wf 95015 09/26/03 BELLO, ANTHONY 36.00 Wf 95016 09/26/03 BUCKLEY, BRITTANY 30.00 Wf 95017 09/26/03 CONLIN, NICOLE 84.00 Wf 95018 09/26/03 FRANK, STEVE 240.00 Wf 95019 09/26/03 GEBHARD, MADELINE 255.00 wf 95020 09/26/03 GOODRICH, CHAD 471.75 wf 95021 09/26/03 JOHNSON, ALEXANDER 30.00 Wf 95022 09/26/03 KLEM, JOSH 220.00 Wf 95023 09/26/03 LANG, THOMAS 39.00 wf 95024 09/26/03 LIUKONEN, SHAWN 11.00 Wf 95025 09/26/03 LO, CHUEPHENG 196.00 wf 95026 09/26/03 MERRITT, LINDSEY 55.00 Wf 95027 09/26/03 O'GRADY, ZACHARY 208.00 Wf 95028 09/26/03 OHLHAUSER, MEGHAN 176.14 Wf 95029 09/26/03 ROERING, JUSTIN 11.00 Wf 95030 09/26/03 SHOBERG, KARI 42.00 Wf 95031 09/26/03 WEGNER, CHRISTOPHER 88.00 Wf 95032 09/26/03 WERNER, KATIE 212.51 Wf 95033 09/26/03 YORKOVICH, BRADLEY 29.50 Wf 95034 09/26/03 GERMAIN, DAVID 1,741.18 Wf 95035 09/26/03 HAAG, MARK 1,575.86 Wf 95036 09/26/03 NADEAU, EDWARD 2,643.39 wf 95037 09/26/03 BEHR HEATHER 154.86 Wf 95038 09/26/03 BROWN, LAURIE 199.80 Wf 95039 09/26/03 DISKERUD, HEATHER 272.75 wf 95040 09/26/03 GLASS, JEAN 1,438.89 Wf 95041 09/26/03 MOY, PAMELA 372.74 Wf 95042 09/26/03 NIELSEN, JENNIFER 20.40 Wf 95043 09/26/03 SHOBERG, CARY 687.12 Wf 95044 09/26/03 TOLBERT, FRANCINE 29.60 Wf 95045 09/26/03 LINGER, MARGARET 251.42 Wf 95046 09/26/03 ANDERSON, CALEB 42.81 Wf 95047 09126/03 BACHMAN, NICOLE 129.20 W CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 95048 09/26/03 BITTNER, KATIE 247.63 Wf 95049 09/26/03 BOTHWELL, KRISTIN 74.75 Wf 95050 09/26/03 CHAPMAN, JENNY 353.77 Wf 95051 09/26/03 DEMPSEY, BETH 43.20 Wf 95052 09/26/03 DOTY, JANET 241.49 Wf 95053 09/26/03 DUNN, RYAN 242.37 Wf 95054 09/26/03 FALKENSTEIN, MONICA 22.05 Wf 95055 09/26/03 FENGER, JUSTIN 48.06 Wf 95056 09/26/03 FINNEGAN, KAREN 37.40 Wf 95057 09/26/03 FONTAINE, KIM 417.81 Wf 95058 09/26/03 GRANT, MELISSA 36.03 Wf 95059 09/26/03 GRUENHAGEN, LINDA 167.20 Wf 95060 09/26/03 HOLMGREN, LEAH 87.44 Wf 95061 09/26/03 HOULE, DENISE 11.55 Wf 95062 09/26/03 JOHNSON, ROBERT 305.33 Wf 95063 09/26/03 MELCHER, ROBERT 5.14 Wf 95064 09/26/03 OTTESON, JANET 96.50 Wf 95065 09/26/03 OWEN, JONATHAN 227.50 Wf 95066 09/26/03 PROESCH, ANDY 202.08 Wf 95067 09/26/03 RENSTROM, KEVIN 250.03 Wf 95068 09/26/03 SMITLEY, SHARON 123.20 Wf 95069 09/26/03 WAGNER, ERIC 26.40 Wf 95070 09/26/03 WARNER, CAROLYN 105.00 Wf 95071 09/26/03 WEDES, CARYL 123.20 Wf 95072 09/26/03 WOODMAN, ALICE 20.00 Wf 95073 09/26/03 BOSLEY, CAROL 162.48 Wf 95074 09/26/03 HAGSTROM, EMILY 81.00 Wf 95075 09/26/03 HANSEN, ANNA 8.00 Wf 95076 09/26/03 ODDEN, JESSICA 102.00 Wf 95077 09/26/03 OIE, REBECCA 58.50 Wf 95078 09/26/03 QUINN, KELLY 12.00 Wf 95079 09/26/03 VAN HALE, PAULA 32.50 Wf 95080 09/26/03 BEHAN, JAMES 1,855.68 wf 95081 09/26/03 CHIGINSKY, APRIL 133.00 Wf 95082 09/26/03 COLLINS, ASHLEY 173.75 Wf 95083 09/26/03 DOUGLASS, TOM 972.80 Wf 95084 09/26/03 HER, CHONG 69.85 Wf 95085 09/26/03 LOGAN, HEATHER 52.80 Wf 95086 09/26/03 NAGEL, BROOKE 101.60 Wf 95087 09/26/03 PETSCHEN, DANIEL 57.15 Wf 95088 09/26/03 SCHULZE, BRIAN 224.80 Wf 95089 09/26/03 WILLIAMS, NICK 133.35 Wf 95090 09/26/03 MULVANEY, DENNIS 1,911.48 408,935.77 19 AGENDA ITEM G -2 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Schacht, Civil Engineer 1 SUBJECT: Kennard /Frost Area Street Improvements, City Project 02 -10: Resolution for Modification of the Existing Construction Contract, Change Order 4 DATE: October 6, 2003 Introduction /Summary During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract. Background The changes described in this change order (CO #4, $24,948.39) are for changes in the scope of sanitary sewer service work, storm sewer work and street work from what was initially planned. Budget Impact Approval of this resolution would increase the construction contract by $24,948.39. Of these costs, $4,190.63 will be funded from the sewer utility fund and $1,077.51 will be St. Paul Regional Water Service's responsibility. The balance, $19,680.25 for storm sewer and street improvements will come from the budgeted contribution from the general tax levy. Change Order #4 will increase the construction costs for the project to $2,261,558.96 from $2,259,000.00. No increase in the project budget is proposed with this change order, as these changes will still fall within the approved budget. The project is nearing completion and a final reconciliation of the project budget will be done shortly to reapportion funding from the various sources. This will also include apportioning revenue from the private driveway agreements, which were intentionally left out of the original budget estimate. Recommendation It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract for the Kennard /Frost Area Street Improvement Project, City Project 02 -10. EMS jw Attachments: Location Map Resolution Change Order No. 4 U wl LAURIE RB. z ql LAURIE < R11. < J herwoodZ H YJ �I Y .iJ Q Q SAND HURST a Fork z n AVE. > N � T O Q ez Ol�� C o. d tone B Y a RD. 8 > L P rk E BURKE AVE � BURKE/ AVE. ' I �. Fn � co' m ty\ �7 ELDR DGE AVE, -64 @ �center _ John Glenn 1 BELMON LN. g GATE WAY f crryl qR SK1 LM AN HARRIS w w > ¢ ROSEWOOD AV _ U R Paood C` ROSE_WQ D _ AN V. 4 RAMSEY COUNTY AVE S. �� z � Q`v r,,� � NURSING HOME A FAIR GROUNDS s T INI AVE. ¢ a E - -, 150 GOODRICH Lu GOLF ALDRICH MM ER AV wi ���SU MMES AVE. L" r GOURSEQ o w ARENA � Park eld�ll � Q > z �� RIPLEY I —21 m ��. Wakefield�� Y � �� < KINOST A \�Loke / cc z a m Ln PHI A DAVE r i, L LLJ cn a PRICE 1 PR CI E -� LARPENTE AVE � n54 rl Project location no scale Exhibit 1 \SBSKRRpJ`.Og- i0 >BWG.F� -0S ICCaT - OMWG 02/19 {2302 ] LSd PN CDT Project Location Kennard /Frost Area Improvement 02 -10 RESOLUTION 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 Project 02 -10, Change Order No. 4. 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. 4 in the amount of $24,948.39. The revised contract amount is $2,261,558.96. No revisions to the project budget are required at this time, as these changes fall within the original project budget. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kennard Frost Area Street Improvement Project Change Order No.: 4 Project No.: 02 -10 Date: W -6 -03 Contractor TA. Schifsky & Sons, Inc. The following changes shall be made in the contract documents: (Work not covered under contract) Description Unit Quami Price Total Time and materials to replace LS 1 $1,270.73 $1,270.73 wye for 1715 Rosewood Ave. S. Sewer main repair at Maryknoll - LS 1 51,057.97 $1,057.97 Ave. west of Kennard St. Sanitary sewer wyes at 1687 & LS 1 $1,86193 $1,861.93 1721 Rosewood Ave. N 5.087 sq. yds of fabric LS 1 $14,847.76 $14,847:76 Concrete steps at 1949 LS 1 $1,300.00 $1,300.00 Flandrau St. Infiltration trench pipe size LS 1 $1585.00 $1585.00 increase from 6" to 12" Milling on Frost Ave. and LS 1 $3,025.00 $3,025.00 Larpenteur Ave. TOTAL $24,948.39 Original Contract $2,206,112.28 Net Change of Prior Change Orders No: 1 to No. 4: $55,446.68 Change This Change Order: $24,948.39 Revised Contract: $2,261,558.96 Approved ayor / r Recommended ® ArA—r C' C 7 ' Engineer Agread to by Contractor by � - t f � Ito ll f.Cr '[ l CL ✓r-� Title AGENDA ITEM G -3 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Standard Master Agreement for Professional Engineering Services between the City of Maplewood and Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) DATE: October 6, 2003 Introduction The city council will consider whether to enter into a master agreement with Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) for professional engineering services. Background Through a recent competitive proposal process, the engineering consulting firm of TKDA was selected to provide professional engineering services to the city for the Hazelwood Street, County Road C to Beam Avenue, project. The master agreement covers standard contract procedures and conditions for every project, while allowing for more brief individual proposals for specific projects. The master agreement also allows the city to obtain miscellaneous engineering services (such as specialty services— traffic, environmental, etc.) to be provided without a separate contract for each item. A copy of the master agreement from TKDA is available for review in the office of the city engineer. The agreement covers standard rights and responsibilities of the client and the consultant. City staff has reviewed the agreement and required some minor revisions. Recommendation It is recommended that the city council authorize the mayor or city manager to enter into the Standard Master Agreement for Professional Engineering Services from TKDA. Any subsequent project- specific contracts /proposals with TKDA would be directed to the city engineer for approval. RCA jw AGENDA ITEM G -4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Parkway Lift Station Removal Project, City Project 02 -14: Resolution Terminating Existing Agreement for the Joint Usage of the City of St. Paul Parkway Drive Lift Station DATE: October 6, 2003 Introduction The Parkway Lift Station Removal Project, City Project 02 -14, has recently been completed, including the removal of an existing City of St. Paul sanitary sewer lift station. An existing agreement between Maplewood and the City of St. Paul for the joint usage of the Parkway Drive Lift Station is, therefore, no longer necessary. A resolution is required approving the termination of the existing agreement. Background In 1985, Maplewood and the City of St. Paul executed an agreement for the joint usage of the existing City of St. Paul Parkway Lift Station, located at the southwest corner of the Larpenteur Avenue and Parkway Drive intersection. The agreement defined responsibilities and cost sharing agreements for the usage of the existing lift station. The recently completed Parkway Lift Station Removal Project, City Project 02 -14, included the installation of gravity sanitary sewer and the removal of the existing lift station. The existing agreement is, therefore, no longer necessary. The attached resolution needs to be approved to terminate the existing agreement. A similar resolution will be approved by the City of St. Paul. Recommendation It is recommended that the city council approve the attached resolution terminating the existing Parkway Drive Lift Station agreement with the City of St. Paul. Attachment: Resolution RESOLUTION AUTHORIZING TERMINATION OF AN EXISTING AGREEMENT WITH THE CITY OF ST. PAUL FOR THE JOINT USAGE OF THE PARKWAY DRIVE LIFT STATION WHEREAS, the Parkway Lift Station Removal Project, City Project 02 -14, has been recently completed, and WHEREAS, the project included the installation of gravity sanitary sewer and the removal of the existing City of St. Paul Parkway Drive Lift Station, and WHEREAS, the Parkway Drive Lift Station was removed from service on or about July 15, 2003, and WHEREAS, an existing agreement between Maplewood and the City of St. Paul for the joint usage of the Parkway Drive Lift Station is, therefore, no longer necessary, AND WHEREAS, Maplewood and the City of St. Paul need to terminate the existing agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The existing joint usage agreement between Maplewood and the City of St. Paul for the Parkway Drive Lift Station shall be terminated effective July 15, 2003. Approved this 13 ` day of October 2003. Agenda Item #G5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 6, 2003 RE: Certification of Election Judges RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2003 General Election, to be held on Tuesday, November 4, 2003: Walter Hayde Louise Nieters Cynthia Anderson Lloyd Hecht Ann Marie Norberg Elsie Anderson Gordon Heinenger Mary Olson Ronald Anderson Pat Hensley Norman Olson Suzanne Anderson Constance Hines Phyllis Parley Marlis Barrett Shirlee Horton David Pehl Joan Bartelt Jeff Janacek Karyl Petersen Gerald Behm Barbara Jensen Sophie Peterson Jaime Belland Judith Johannessen Linda Randolph Carole Berger Barbara Johnson Rose Marie Rossi Mery Berger Victoria Jones Elaine Rudeen Anna Breidenstein Dorothea Kandler Florence Sajevic Jeanette Bunde Marilyn Kidman Janet Sauro Joan Button Helen King Larry Schaaf Lucille Cahanes Rosemary Koch Mary Ann Schneider Anne Cardenas Joan Kolasa Sandy Schoenecker Tracy Carle Joseph Kolasa Don Schroepfer Robert Carr Mona Lou Krekelberg Harriet Schroepfer Thomas Connelly Josephine Krominga Evelyn Skluzacek Mae Davidson Margaret Kunde Louis Spies Jean Dickson Marvella Lackner Tim Stafld Kathy Dittel Rita Lally David Stark Diane Droeger Lorraine Lauren Lorraine Taylor Fred DuCharme Barbara Leiter Rita Taylor Audrey Duellman Christine Locke Faith Thomforde Carolyn Eickhoff Delores Lofgren Milo Thompson John Eineke Richard Lofgren Pat Thompson Elizabeth Erickson Shirley Luttrell Franklin Tolbert Delores Fitzgerald Paul Maeyaert Carmen Tomaszewski Bob Flood Carol Mahre Gerry Trooien Anne Fosburgh Geraldine Mahre Cecelia Tucker Lucille Foster Rose Marie Manders Constance Unger Mary Ann Franssen Delores Marsch Barbara Vandeveer Rita Frederickson Thomas Maskrey Mary Vatne Beverly Gelao Jackie Meyer Gene Wandersee Clarice Gierzek Joan Misgen Gayle Wasmundt Mark Gilstad Bill Moen John Willy Diane Golaski Katherine Mollers Delores Witschen Betty Granger Betty Mossong Guy Grant Gerald Muraski Ray Gullickson Howard Muraski Wendy Haavisto James Nieman Agenda Item #G6 MEMORDANDUM To: City Manager Richard Fursman From: City Clerk Karen Guilfoile Date: October 6, 2003 Re: Acceptance of Recodification of City Code of Ordinances AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MAPLEWOOD, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VILOATION THEREOF; PROVIDING FOR THE MANNER AF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDIANANCE SHALL BECOME EFFECTIVE. THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1 — The code entitled "code of Ordinances, City of Maplewood, Minnesota, " published by Municipal Code Corporation, consisting of chapters 1 thorough 44, each inclusive, is adopted. Section 2 — All ordinances of a general and permanent nature enacted on or before May 27, 2003, and not included in the code or recognized and continued in force by reference therein, are repealed. Section 3 — The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4 — Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine or not more than $1,000.00 or imprisonment for not more than 90 days or by both fine and imprisonment. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the openly prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5 — Additions or amendments to the Code when passed in such form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6 — Ordinances adopted after May 27, 2003, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7 — This ordinance shall be effective October 28, 2003. Passed and adopted by the City Council this 27 th day of October 2003. Agenda Item # G7 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Food Permit Fee Waiver DATE: October 6, 2003 Lisa Arrigoni, on behalf of the Frontline Church 2055 White Bear Avenue has submitted an application for Food Sales. The church is having a carnival on October 25, 2003 from 1:00 a.m. to 4:00 p.m. Frontline Church is new to Maplewood and would like to let people in the area know that the church has moved into the area and it is their desire to invite people to the church to introduce themselves to the community. The will have games, prizes and moonwalk free for all the children in attendance. They will be charging a minimal fee for the food items (hotdogs, pop) that they will be serving. They are requesting that the council waive the $46 fee waiver for the Food Sales permit. Agenda Item #G8 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: October 6, 2003 RE: 3.2 Malt Liquor License Barry Sterling has applied for a 3.2 Malt Liquor License to be used at the Speedway SuperAmerica located at 1750 White Bear Avenue. City ordinance does not require a background investigation for 3.2 malt liquor. Chief Thomalla met with Mr. Sterling to discuss alcohol compliance and local and state statutes related to holding a 3.2 off -sale license. He 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 (Woodlyn Hills) is 425 feet from the property line of the Speedway SuperAmerica, well exceeding distance requirements (100 feet) between a church and a 3.2 liquor license holder. Iway Super America White Bear Avenue Hills Church Agenda # G9 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 6, 2003 RE: Temporary Gambling Introduction An application has been submitted for a temporary gambling license by Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. The parish Men's Club will be having a turkey bingo event that will be held inside the parish. The funds raised during the event will be used to make capital purchases for the church. The event will be held on November 19, 2003 from 6:00 p.m. to 11:00 p.m. Recommendation It is recommended that the City Council approve the temporary gambling license. Agenda #G10 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Conditional Use Permit Review — Salvation Army Church LOCATION: 2080 Woodlynn Avenue DATE: October 6, 2003 INTRODUCTION The conditional use permit (CUP) for the expansion of the Salvation Army's adult day care center is due for review. The adult day care center provides daytime care for older adults with various health problems. The expansion included a 3,457- square -foot addition to house an activity room, beauty shop, laundry facility, storm shelter and office. Refer to the maps on pages 2-4. BACKGROUND December 22, 1986: The city council changed the land use plan from R -1 (single dwelling residential) to C (church) and approved a CUP for a church and an adult day care facility. December 28, 1987 to January 28, 1991: The city council renewed the CUP at one -year intervals. January 27, 1992: The city council renewed the Salvation Army's CUP for five years. October 8, 2001: The city council approved a CUP for the applicant's expansion plans subject to the following conditions: 1. All construction following the approved site plan. 2. Construction starting within one year or the applicant shall apply for a CUP extension. October 14, 2002: The city council reviewed this CUP and moved to review it again in one year. DISCUSSION The applicant has completed all of the work associated with their expansion. The city council should review this permit again only if the applicant proposes a change or if any problems arise. RECOMMENDATION Review the conditional use permit for the Salvation Army adult day care facility at 2080 Woodlynn Avenue only if the applicant proposes a change or if any problems arise. p:sec2MsalvarmyCUPrev.9 -03 Attachments: 1. Location Map 2. Property LinetZoning Map 3. Site Plan Attachment 1 �A N Salvation Army Location Map Lyaia Hvenue a =rr Attachment 2 OD �U a z (3A) °m L BC 030 -�-" _ --------------------- w 030 w n V F 33 6 .b J n 4L � i ?) ec , l M g_• _ _ 263.86 _ • PROPERTY LINE /ZONING MAP 0 N 3 033 y m PLO n � _ 0 (3 (29) A m �� Z��r- 4.67 oci h O • V 9 ' C4 � Q o m /39 U l 4 (Z �� � 4 �43J v' 4.3 12 14 15 PROPERTY LINE /ZONING MAP 0 N 3 12 14 15 a (��(9)•'l �M(21)\�2 z).. (L 3) 4 (Y (Z 7) Nl ) . 6 b2 L ix 6 N N c •� 238. F 61 114. >S 195 60 f35 135 o US 13S 60 13 103.68 1 413ae. (ZG)I 0 3 • to (25) -- (16) I Y - Y 0 ? 10(t5) I (G) - 3 (I) o ^ In a g 9 (24) h. (17) 2 U n " 9 (14) 2 o_ 1 1 73 1o3.vr' (14 �i4. J r 1 r n 1 6 la n (75) orz (z8)3 m 6(23) 0 (ISOD a w m r H w m o 3 (3)(7G) ` 3 - LOT A tl E . m +ra ' 7 ( ti 4 27) 4 X34 4 (775 L -7(( 134.9' (zl) ) °� (20 y d.> (78) 6i �32J y30 I IF I''a.ai PROPERTY LINE /ZONING MAP 0 N 3 Attachment 3 SITE PLAN 4 4 N WUWL MN a •o A A a� I Aa r REMOVE # DOSING REPLACE } 51DEWAIFG A5 MOD. EN W TO - M G. M15TING 4' LONG. CONC. APRON W" REMOVE IL EQ5TM ' '• REMOVE # REPLACE MOT UM. DRIVE # 4 CONC. • • ' IXIST P/TIO Y CURD A5 RLOUIRD REMOVE 5nNG ( ALL, DRIVE. CURB SAWCUT #REMOVE IX15TING 5T -2' yl r oam D D SITE PLAN 4 4 N Agenda #G11 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Conditional Use Permit Reviews - Sinclair Oil Corporation LOCATION: 2158 Rice Street DATE: September 30, 2003 INTRODUCTION The conditional use permits (CUPS) for the Sinclair Gas Station at 2158 Rice Street are due for review. One CUP allowed Sinclair to reconstruct a fuel canopy with an existing nonconforming setback. The second CUP was for the expansion of a motor fuel station within the BC (business commercial) zoning district. Refer to the maps on pages 2-4. BACKGROUND October 8, 2001: The city council granted these CUPS. Refer to the minutes on pages 5-8. DISCUSSION Last year the applicant was still completing their expansion and remodeling. They have now finished all of the required improvements. The city council should review these CUPs again only if the applicant proposes a change or if a problem arises. RECOMMENDATION Renew the conditional use permits for the Sinclair Gas Station at 2158 Rice Street again only if the applicant proposes a change or if a problem arises. p:secl8 \Sinclair Rice St.CUP.Rev.9 -03 Attachments: 1. Location Map 2. Site Plan 3. Canopy Elevations 4. October 8, 2001, City Council Minutes Attachment 1 Little Canada Si nclair ice St��� County Roa B }+� I Cub Foods aD } /'� + VJ ■ o Schroeder Milk L.L L- N Sandy Lake Sinclair Location Map 2 SITE PLAN 3 0 N Attachment 2 COUNTY ROAD "8" awe — UU ww I � ASPMLT SO' ww umn i¢ I`K -� TW aLlv§It I 11 `` 1) r UNOry t r A[ am v -r ' cross a Mu `� 1 BUILDING I o L I � I I GM- Np ,� L�rlrl m PM N p tt� N ,[ roam ,� I I Uu ew c e�tt TANK li II —SII 1 I ICr, (W41 i I � I ASPHOLi � O wns prslrrc Mo _ _ _ _ _ _ _ _ _ _ SITE PLAN 3 0 N ELEVATIONS 4 0 Attachment 3 R�ATION NOTE: Wn .no W'. CANOPY ELEVATION ELEVppON CAN 2fyELEVATION ELEVATIONS 4 0 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 8, 2001 Council Chambers, Municipal Building Meeting No. 01 -24 3. 7:20 P.M. Sinclair Station Remodeling (2158 Rice Street) A. Conditional Use Permit (Motor Fuel Station) B. Conditional Use Permit (Canopy Enlargement) C. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Olson presented the Community Design Review Board Report. e. Commissioner Pearson presented the Planning Commission report. f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Lary Feldsien, Representing Sinclair Oil, Maplewood g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving a Conditio Use Per mit to operate a motor fuel station within the business commercia BC, zoning distract and to reconstruct a canopy with an existing nonconforming setback for the S inclair fuel station located at 2158 Rice Street: RESOLUTION 01 -10 -96 CONDITIONAL USE PERMIT - SINCLAIR STATION WHEREAS, Sinclair Oil Corporation applied for conditional use permits to include the operation of a motor fuel station within the BC, Business Commercial zoning district, and to reconstruct a canopy with an existing nonconforming setback; WHEREAS, this permit applies to property located at 2158 Rice Street. The legal description is: The North One Hundred Sixty feet (160') of Tract "A," Registered Land Survey Number 10 on file in the office of the Registrar of Titles within and for said County, and the South One -Half of County Road B extended and the East One -Half of Rice Street extended, adjoining the above described portion of Tract "A," Registered Land Survey Number 10, on file in the office of the Registrar of Titles. WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, 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 approved the above - described conditional use permit based on the building and site plans. The city approved this permit because: I . The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The fuel station's hours of operation, including pay -at- the -pump fueling, is limited to 6 am. to 11 P.M. 2. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. 3. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 4. 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. The city council shall review this permit in one year. Approve the plans date- stamped August 21, 2001, for the construction of a new canopy and fuel islands for the Sinclair fuel station at 2158 Rice Street. The owner shall do the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the most - northerly driveway on Rice Street and the replacement of all required curb and gutter along Rice Street and parking area. (b) At least four parking stalls, of which one must be handicap accessible. The handicap accessible stall must meet the Americans with Disability Act (ADA) requirements. (c) The most - southerly driveway on Rice Street shall be widened to 36 feet. The driveway will have an entrance lane, a left-turn exit lane, and a right- turn exit lane. These lanes shall be marked with painted arrows on the pavement depicting the turning movement. (2) A landscape plan showing: (a) A landscaped area in front to include low maintenance perennial plants an d shrubs. In addition to city staff approval, the Ramsey County Public Works Department must also approve any landscaping installed within the right -of -way. (b) Perennial plants and shrubs around the base of the two freestanding signs and on the southwest comer of the lot (location of Dino the Dinosaur). (c) In -ground sprinkler for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (d) All planting beds must be edged and mulched. (3) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (4) A photometric plan showing that the site lighting does not exceed 0.4 foot candles at the west property line. (5) Plans for a trash enclosure gate that is 100 percent opaque and extends to the ground. The gate shall be compatible with the existing 6- foot -high wood fence. (6) Plans for the screening of the mechanical equipment located on the west side of the building. C. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install stop signs at both exits and a handicap - parking sign for the handicap- parking space. (3) Repaint the sign pole on the freestanding sign located on the northeast comer of the site. (4) Install the approved trash enclosure gate. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1, 2002. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes - All Agenda #G11 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Conditional Use Permit Reviews - Sinclair Oil Corporation LOCATION: 2158 Rice Street DATE: September 30, 2003 INTRODUCTION The conditional use permits (CUPS) for the Sinclair Gas Station at 2158 Rice Street are due for review. One CUP allowed Sinclair to reconstruct a fuel canopy with an existing nonconforming setback. The second CUP was for the expansion of a motor fuel station within the BC (business commercial) zoning district. Refer to the maps on pages 2-4. BACKGROUND October 8, 2001: The city council granted these CUPS. Refer to the minutes on pages 5-8. DISCUSSION Last year the applicant was still completing their expansion and remodeling. They have now finished all of the required improvements. The city council should review these CUPs again only if the applicant proposes a change or if a problem arises. RECOMMENDATION Renew the conditional use permits for the Sinclair Gas Station at 2158 Rice Street again only if the applicant proposes a change or if a problem arises. p:secl8 \Sinclair Rice St.CUP.Rev.9 -03 Attachments: 1. Location Map 2. Site Plan 3. Canopy Elevations 4. October 8, 2001, City Council Minutes Attachment 1 Little Canada Si nclair ice St��� County Roa B }+� I Cub Foods aD } /'� + VJ ■ o Schroeder Milk L.L L- N Sandy Lake Sinclair Location Map 2 SITE PLAN 3 0 N Attachment 2 COUNTY ROAD "8" awe — UU ww I � ASPMLT SO' ww umn i¢ I`K -� TW aLlv§It I 11 `` 1) r UNOry t r A[ am v -r ' cross a Mu `� 1 BUILDING I o L I � I I GM- Np ,� L�rlrl m PM N p tt� N ,[ roam ,� I I Uu ew c e�tt TANK li II —SII 1 I ICr, (W41 i I � I ASPHOLi � O wns prslrrc Mo _ _ _ _ _ _ _ _ _ _ SITE PLAN 3 0 N ELEVATIONS 4 0 Attachment 3 R�ATION NOTE: Wn .no W'. CANOPY ELEVATION ELEVppON CAN 2fyELEVATION ELEVATIONS 4 0 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 8, 2001 Council Chambers, Municipal Building Meeting No. 01 -24 3. 7:20 P.M. Sinclair Station Remodeling (2158 Rice Street) A. Conditional Use Permit (Motor Fuel Station) B. Conditional Use Permit (Canopy Enlargement) C. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Olson presented the Community Design Review Board Report. e. Commissioner Pearson presented the Planning Commission report. f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Lary Feldsien, Representing Sinclair Oil, Maplewood g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving a Conditio Use Per mit to operate a motor fuel station within the business commercia BC, zoning distract and to reconstruct a canopy with an existing nonconforming setback for the S inclair fuel station located at 2158 Rice Street: RESOLUTION 01 -10 -96 CONDITIONAL USE PERMIT - SINCLAIR STATION WHEREAS, Sinclair Oil Corporation applied for conditional use permits to include the operation of a motor fuel station within the BC, Business Commercial zoning district, and to reconstruct a canopy with an existing nonconforming setback; WHEREAS, this permit applies to property located at 2158 Rice Street. The legal description is: The North One Hundred Sixty feet (160') of Tract "A," Registered Land Survey Number 10 on file in the office of the Registrar of Titles within and for said County, and the South One -Half of County Road B extended and the East One -Half of Rice Street extended, adjoining the above described portion of Tract "A," Registered Land Survey Number 10, on file in the office of the Registrar of Titles. WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, 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 approved the above - described conditional use permit based on the building and site plans. The city approved this permit because: I . The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The fuel station's hours of operation, including pay -at- the -pump fueling, is limited to 6 am. to 11 P.M. 2. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. 3. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 4. 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. The city council shall review this permit in one year. Approve the plans date- stamped August 21, 2001, for the construction of a new canopy and fuel islands for the Sinclair fuel station at 2158 Rice Street. The owner shall do the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the most - northerly driveway on Rice Street and the replacement of all required curb and gutter along Rice Street and parking area. (b) At least four parking stalls, of which one must be handicap accessible. The handicap accessible stall must meet the Americans with Disability Act (ADA) requirements. (c) The most - southerly driveway on Rice Street shall be widened to 36 feet. The driveway will have an entrance lane, a left-turn exit lane, and a right- turn exit lane. These lanes shall be marked with painted arrows on the pavement depicting the turning movement. (2) A landscape plan showing: (a) A landscaped area in front to include low maintenance perennial plants an d shrubs. In addition to city staff approval, the Ramsey County Public Works Department must also approve any landscaping installed within the right -of -way. (b) Perennial plants and shrubs around the base of the two freestanding signs and on the southwest comer of the lot (location of Dino the Dinosaur). (c) In -ground sprinkler for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (d) All planting beds must be edged and mulched. (3) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (4) A photometric plan showing that the site lighting does not exceed 0.4 foot candles at the west property line. (5) Plans for a trash enclosure gate that is 100 percent opaque and extends to the ground. The gate shall be compatible with the existing 6- foot -high wood fence. (6) Plans for the screening of the mechanical equipment located on the west side of the building. C. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install stop signs at both exits and a handicap - parking sign for the handicap- parking space. (3) Repaint the sign pole on the freestanding sign located on the northeast comer of the site. (4) Install the approved trash enclosure gate. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1, 2002. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes - All Agenda Item # TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric RE: Position Modification DATE: October 6, 2003 Introduction We have received notice that Lorraine Victor will be retiring on or before April 15, 2004. Included in the 2004 Budget is a request for approval for the current full-time position to be modified to two part -time positions. Background Beginning in the month of November 2003, the Deputy Registrar section of the department will have a full-time employee out for an equivalent of four and one half months. Before Imowledge of these two medical leaves, vacations were approved for other staff to be out of the office during the same time. Typically when these situations arrive we struggle through since the learning curve for the various transactions performed at the counter takes a long while to team. But four and one half months is a long time to be so short staffed when we have worked so hard to improve our customer service. It is requested that council approve the position modification effective immediately so that staff can be hired and training can begin to ensure we continue to offer the same level of customer service. Employee medical leave is budgeted for in a separate fund, therefore there are enough funds to cover the cost of the modification in the Deputy Registrar budget for the remainder of 2003 and the first four months of 2004. Recommendation It is recommended that council approve the position modification changing one full-time position to two part -time positions. r AGENDA ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Mike Kane, Street Superintendent SUBJECT: Winter Sand for the 2003/2004. Season DATE: October 9, 2003 I W%4-V'0% A■0'^440% N Two written quotes were received for winter sand for the 2003/2004 season. Aggregate Industries submitted the low quote of $7.74 per ton. SA -AG Inc. submitted a bid of $7.93 per ton. Background The Public Works Street Division estimated sand requirement for the 2003/2004 season is 3,000 tons. Recommendation It is recommended that the city council award the bid for winter sand to Aggregate Industries, based on their low bid of $23,220.00. AGENDA ITEM 6 ' 1 1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Mike Kane, Street Superintendent SUBJECT: Road Salt Needs for the 2003/2004 Season DATE: October 9, 2003 Intmductien Annually we purchase our road salt under a cooperative purchasing agreement with the State of Minnesota. Funding for this purchase comes from the Public Works Street Division's line item budget for maintenance materials. There are sufficient funds to cover this purchase. Background The estimated salt need for the 2003/2004 season is 750 tons. The state awarded our contract to North American Salt Company at a cost of $32.72 per ton. Recommendation It is recommended that the city council authorize entering into a contract with North American Salt Company under State Contract #430992 for our winter road salt needs for $26,135.10 AGENDA ITEM H -1 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chris Cavett, Assistant City Engineer SUBJECT: 7:00 p.m. Hazelwood Street Improvements, Project 01 -16: Assessment Hearing and Resolution for Adoption of the Assessment Roll DATE: October 6, 2003 Introduction Assessment rolls have been provided separately as a supplement to the agenda. The proposed assessments have been mailed out to the affected property owners, providing them with the specific assessment information for their properties. It should also be noted that an incorrect assessment amount had inadvertently been sent with all the required Notices of Assessment Hearing. A software reference setup error was discovered after the notices had been sent. A notice regarding the error and a revised statement of assessment were sent out as soon as the error had been discovered. Again the proposed assessments are the same as were outlined in the feasibility study and as were presented at the neighborhood meetings. Background At the May 12, 2003 meeting, the city council reconsidered and ordered the improvement of Hazelwood Street between County Road C and Beam Avenue. One of the conditions approved by the city council as part of the reconsideration was a 5 -year, interest free deferment of the assessments for the homesteaded, single - family residential properties. Under this scenario, the property owner's assessment would not become due until January 1, 2009. The city would pay interest on the bonds. The individual assessment amount would be the same as under the proposed plan, but would become due five years later: Proposed assessment amount = $4,860.00 (begins in January 2009) 1 s ` year (2009) installment = $615.60 Cost to the city for interest on 23 assessments of $4,860 = $21,520 Note: This cost is likely to be eligible for reimbursement from MSAS funds as an indirect project expense. While this approach may establish a precedent for future projects, it is estimated that it impacts less than 3 -5% of streets within Maplewood and a policy statement of the council could limit this approach on future improvement projects. This scenario would only be applied to homesteaded, single family residential properties in the MMATI transportation area. These properties are being considered "undeveloped" properties until MMATI roadway improvements are considered mostly complete. The deferment of assessments on the homesteaded, single - family residential properties will be classified as undeveloped or underdeveloped property deferments. Discussion The city attorney has been consulted on the proper approach for deferments. This is actually a delay of the payment. The city has two options. The first would be to delay conducting an assessment hearing until September 2008. The problem with this approach is that property sales between now and September 2008 would potentially not include this assessment amount. Additionally, property owner benefit would be based upon a 5 -year old roadway. That may not be fair to the city or the property owner. The second option, which is the recommended approach, is to assume that the properties along Hazelwood are 'not fully developed' until the area improvements are complete, which is assumed to be December 31, 2008. The deferral of assessments is allowed under two circumstances. One is hardship for senior citizen or financial reasons. That would be difficult to define in this circumstance. The second type of deferment is for undeveloped or underdeveloped property. In this case, staff and the city attorney have agreed that a definition of underdeveloped includes completion of the area improvements. This appears to achieve the delayed payments, protects the future property buyers in land sales in the next five years, and protects the city in that the current project is assessed. Staff and the city attorney are comfortable with this approach although recognize that it is a unique approach to solve this difficult project. Approval is recommended. Recommendation Staff recommends that the city council approve the attached resolution for the adoption of the assessment roll for the Hazelwood Street Improvements, Project 01 -16, with the approval of 5- year undeveloped property deferments of all homesteaded single - family residential properties. CIVIC Attachments: Resolution Assessment Roll Location Map RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed on all objections to the proposed assessment for the construction of Hazelwood Street (County Road C to Beam Avenue), as described in the files of the city clerk as Project 01 -16, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against 2. For the case of homesteaded, single family residential properties located in the MMATI Improvement area, it has been deemed that they shall be treated as undeveloped property until all roadway improvements in the designated MMATI area have been completed. The duration of construction in the MMATI area is proposed to extend for the duration of 5 years. Assessments for all homesteaded, single - family residential properties shall be deferred without interest for a period of five years. 3. Assessments on all homesteaded, single family residential properties shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January 2009, and shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment, no interest will be due on any of the assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. For all other commercial, multi - family and non - homesteaded residential properties, the assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January 2004, and shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 6. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 7. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Pro'ect: HAZELWOOD ST IMP 01 -16 PROPOSED RESID1 TU ASSESSM HEARM ROLL Public HeaeU Dab 113, 2003 Pub. 1pM lwd Revlewfi Ier�herRd Cklubeel 2tlW Wi1Np4cas 5 a 1 PHASE 1- CO RD C TO BEAM AVENUE Pkl %M ADOtI. STREET I Pee.ST. m. Paa.. I TM I Rud I . .. 1 Read 1 Sub. Swi9vc 1 Rnd I bl TOTAL 1 D9292231WM 2813 WELWOODSTN t.OD $I M5 OD $128500 1 $19250 1 $ iM..W 0 $1265.0 1 $OW 0 $1925.0 $000 $ 210.00 2 D32322M11W05 2781 t LWUODSTN IM $121150 $1213SW t $1925.0 IS 1925C0 0 51285.0 0,00 0 $19250 S0,00 921000 ] 03292231007 2775 HAZELWOODSTN 1.00 S1 $12850 1 $1925.0 $ 19250 0 $t 85.01 $0.0 0 $192500 $0.00 $ 210.0 4 pS292231W0 27137 HAZELWOOD ST IW S1,A500 $1285.W i $192x0 Is 1925.0 0 S1 M.W $000 0 $19950 $000 $ 210 W 9 D3292231W12 LW9 HAZELWOOD STN IW 128500 $1 t $1 IS 192&W 0 $1285.0 90 0 sl 30.00 vloo 0 B 03202211013 2705 HAZELWOODSTN 1.01 $1.W5 CD $1285W 1 $19250 19250 0 SUINCI) 4000 0 $19250 SOW .2100 T 032922310014 2]77 tWZELW00D STN IM $129500 $128500 t $19250 $ 1925W 0 $1285.0 $OW 0 $19250 $000 $ 3 0 e 032922310015 958 HAZELWOODTTN IW $1 $1 f $1 .0 T 19250 0 1205.0 OW 0 $l $ON $ 2100 9 D32922,W00t 2747 HAZELWOODSTN tW 5128500 $12850 1 $1 $ 19250 0 J1 000 0 P SOAD $ 3,2% 0 10 0329223WW2 937 H LWOODSTN IW 3128500 $128500 1 $19250 $ 192&W 0 &1285.0 $000 0 $1925.0 5000 $ 2100 11 03292234003 2731 t1A2ELW000 STN IW $120500 $1285.0 1 $19250 $ 19250 0 $12850 $000 0 $1.92500 10.01 3210, 0 42 032922340W4 2727 PAZELW000 STN t0 SI $1 W 1 Tl .0 $ 19250 0 $1211$.0 $000 0 $19250 $000 $ 3210.00 u 032922340W5 2101 HAZELW000 STN IW $1285.00 $1285W 1 $1925.0 $ 1925W 0 $i.285.W sow 1 $192500 S 1925.0 $ rm 00 14 D32922349W7 26W NAZELWOOD STN IOD $t 285 OD $12850 1 $1 0 i925W 0 1285.0 OW 0 $1925W $000 2101 11 03292L349W9 1 2861 1 MZELWOOD STN I iW S120500 51285.0 1 $1925.0 $ 1925W 0 $12&5.0 000 $1925.0 000 32100 1S 092922240009 2645 HAZELWOOD STN 0.50 31 $842.0 i $19250 $ 96ZW 0 $t 285.0 $001 _0 0 $1925.0 $0.00 $ 105.0 IT 03292236021 2373 HAZELWOODSTN I'M $1,285.0 1 $12850 1 $19250 $ 1.9250 0 1285.0 000 0 $1 SOAD 3100 18 032922340023 2681 HAZELWOODSTN IW $t285W S1,2M .0 1 $1 1925W 0 $1205.0 001 0 $192SW $000 $ 3,210, 0 1B 032922340024 250 N ELWOOD STN 201 51205.00 $2570.0 2 $t 925.00 $ 3950.0 0 $1265.00 $0.00 1 $1925.0 S 1925-00 $ .I, I 03202293004 MW MAZELWOODSTN tIXl 12£15.0 1285.00 1 $19250 $ 1925.0 0 $t 20500 5000 0 $I 50 $O0 $ 3 0 21 03292248006 26M HAZELWOUD STN 050 51285.0 56272.0 t $192600 F 96250 0 $1285.00 O0 0 $t 02500 O0D 1605.0 22 032922430016 2090 t ELWOOD STN 100 $t]85IX1 $12850 1 $192503 $ tb25W O 123500 OW 9 $1925.00 $000 32100 21 032922430017 2672 HAZELWOOD STN I'M 512..0 $1,20500 1 $1.W50 $ 1.925.0 0 $1,285.00 $O0 11 51925.00 30.00 3210M Summa9ors: .00 .5550 21.0 M.2TA0 0.00 .W 2 3.50.0 TIBSO.W Pia O. HA ELWOOD ST IMP STREET P ROPoSEx Cmnme aI 455E55MENT (!FARING ROIL Sub�T Pne6a xnnn mce oaoo�na2oua SuYT PuG in MPM'd fteNew ___ OC.btee 1. ZIXIi S�b�i MMI NMkbs — 26 Seplemlle�lb, M]S SW -T PHASE 1- CO M C TO BEAM AVENUE %q I POORESS. STREET Comm. ST. L.F. Comm M1 Sub�T STN Cemm SuYT Wrydua CammE S�b�i SwrSvC CanmS SW -T 19LP1 t 03292242W0> 1569 BEAMAVEE 1ffi]4 86.0 $t4846.i6 1]6]4 $13 Z0 $ 2:332:9] 0 $ 2BS D0 M.W 0 GO YlM $ Vi]B.t3 R (13282262W09 1580 BEAM AVEE 440.20 $8680 596,456.&1 9102 8)3.29 $ ' 14.69 1 228500 523PS.00 1 $ 2965.00 2995W $ 63,iSid9 1 63202243W6] 26T2 HA LWb00STN .145,W $8400 $12180.00 St3.20 $ 19).00 0 $2285.0 W Mal $000 $. iC694.00 4 0329GN30888 2693 HA2ELW000STN 655.00 84.80 ,020.00 U 6 W g65.pp $13.2p $ 8;646.00 0 2;28500 $0.W _0 0 SOAO. S8A0. $ 03,886.90' Summ9bns: 1,a.. tfQ502: a ].81 t I o 2,285.00 - 2;99500 t40, .5! /4cla +"On /Akp: Hazelwood Strout, prt e,- o► -rto Agenda #H2 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: INTRODUCTION City Manager Ken Roberts, Associate Planner Easement Vacation 1280 Belmont Lane September 16, 2003 Mr. David Newberg, representing We and Cha Vang, is asking the city to vacate an existing drainage and utility easement on the property at 1280 Belmont Lane. This easement, as shown on the survey on page six, is under a detached garage on the property. Please see the applicant's statement on page two and the maps on pages three through six. DISCUSSION Mr. Newberg is requesting the vacation because the city has no need for the easement and because there is a garage in the easement. Maplewood has no plans to develop or use this easement and it is not needed for any utilities. COMMISSION ACTION On September 15, 2003, the planning commission recommended approval of the proposed vacation. RECOMMENDATION Approve the resolution on page seven. This resolution is for the vacation of an unused drainage and utility easement on the property at 1280 Belmont Lane. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The easement is unused. 3. The easement is not needed for drainage or utility proposes REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on August 21, 2003. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by October 20, 2003. P:Isec1611280 belmont Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line Map 4. Area Map 5. Site Survey 6. Vacation Resolution Attachment 1 2lauid .�1..Ar Attorney at law 208 West Churchill Street P. O. Box 206 Stillwater, MN 55082 (651) 439 -0700 Fax (651) 439-8892 August 1, 2003 City of Maplewood AUG 2 1 2002 1830 E.. County Road B Maplewood, MN 55109 RE: vacation of utility and drainage easement Dear Sir or Madam: The request for the vacation of the utility and drainage easement over Lot 10, Block 9, Hills and Dales Plat 2 is being made because the garage on the property encroaches on the drainage and utility easement area. The garage in issue was built in 1964 and has not presented a problem in the easement area. The encroachment was discovered at the time the property owners purchased the property and the title company involved required that an application to vacate the property be brought. The vacation is needed to clear up the encroachment into the easement area that has existed since 1964. It appears from correspondence with the public works department that site review by the City apparently accepted the building location. Since the City does not have any utilities using the easement and there have been no adverse affects in the 39 years the garage has been in place vacation would be appropriate. I am representing the owners and the prior owner in this vacation proceeding. If you have any questions please call. Sincerer David M. Newberg 2 Attachment 2 // , ; ., •. , KOHLMAN AVE, r ` y < ` In Jo `� t4 3 / CoUNtt ROAD C <� PALM ° CT. P W q z ° -� CON R NAVE S C NOR S r� rcW a: EDGEHILL C7 AVE. ', ° ° DEMONT LL AVE. F r ! DEMOKt BROOKS AVE BROOKS `'`\ BROOKS w p AVE. ' CT. SEXTANT AvE ¢ SEX rA a o 3 GERVAIS AVE. > GERVAIS < LL GEF GRANDVIEW AVE. z WY, i poort PK w 5 VIKING � SHL:RREN AVE �d d Lake iii Knudc F COPE /. -':�7� AVE. [—� ` j,. Kelkr r LARKS CT. AVE - U qRD AVE. CO. < RD. y C�i LAURIE RD. °LAURIE t ' t LEALAND RD. o SAN URST gs AVE JUNCTION AVE. w z B t4 W CO 61/RkE Cr. I ®� Y m BURKE AVE. °° ® BURKE AVE AV �' /J MOB W ELDR IDLE AVE ✓dn Grn ARSE AVE. ONE AVE. �R GO SKI W AV E. Gat ILL MAN KENW ODD Kam H G� AVE HARRIS NCO D AVE. LN. ROSEWOO N. > > rtaatnooa ROS D ° V ` AN AV. AV- AVE S. Trcil mW O Q? J N FROST` AVER. ALDF W w FE NTON AVE 4 3 U g AV E ° _ SU MgEg AVE. ARQ DON FRISBIE AVE RIP LEY c G ` •.WakulTiald,' 50 PH IA o m Lake :' m Round z Di tg .Lake z v = SOF HN AVE { , w �1 a Lake PRICE 1.V•" 1 Y 3 1N Ptwkm o < _ 61 PAUL LOCATION MAP 3 N Attachment 3 o n _ 4 y 69 my ° 7 - nn y e 1s - � _ 13 lt ,p. : 9 76 tl s (1pU q a 4 43 1 Orrr x xo• � 1 >49 4 4f1 1 q Z Q 1sl � � 8 ' d I IJIi• M 9 Mf N. 3 OU � N ' ! >.er rxv 17 ,,4 hoe 5 ez ga p. raz' nw AYE, o 134.41' ml =� �• - 11 � 17 -. - v a ^ 7 8 f1w Yr 2 nw 6 16 �. 7 all 14 y.' °a. - g f9l 410 e r 6 r>v S 4 J. H :, J 3 12 r•, a 21 12 0. ° nv 1 s Ru R'r 9 2 sn. 7 209' � ? 6 1 5 au ti � 1 le+x. 22 "' 1 `. es Rw �n �! .JI._ _ —� 1p9.3• $ Ru 1 as SU 8 9 oral Ru 15 t b 24 ^I 10 18 mu 1 � )a . 4v 1`' 1 H Ra 11 Rp1 15 tri ptl 15 � 25 1IS.e6• 16 41141 1A 1 5 J" 1y M1sl S 12 26 _ Rn "° 1 nvv y n a 27 13 Rv 1 rM, n+u 8 4zr _ 61' 19 6, low 9,11 28 g3 . \ 5 7 m a +n' nlw 5 2+u9 a 10 9 (8 1 PU r101 - 1S Ol� m6• 125' 16 30 135 1 62• f%D 11 n cw os 31 122.73' 13 W PQ �\ Y MI P l 12 � 32 i ID' 3Y 95.�nIeS•9 q? 65 . IV 0.6r60Y � 75 59.5 31 n nL 3 + 3 i01wr es' 6 �» p r8 7 m\ 3 4 J F ' ` " V d ► 'v 419 _ 1 an N fm a nw )s• : P� pT. 3p' PROPERTY LINE MAP 4 r 22 3 u3s s zs• een• u4sr AYE. [y RYAN r r AVE. 4l N 3p' PROPERTY LINE MAP 4 r 22 3 u3s s zs• een• u4sr AYE. [y RYAN r r AVE. 4l N Attachment 4 n 1279 y i . � ^� ""FA, 'a�s J t < @�c 1285 U� e � � 2072 2071 AREA MAP 5 1V Httacnment o ✓D DALES PLAT 2, Ramsey County, M'•:nnesoto. PROPOSED EASEMENT on Found Bearings shown a on an assumed datum, l hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that / am a duly Req/stered Land Surveyor under the tows of / th State o / !Min so to. Doted this /9« day o' . f 1998. (� License No. - 753#/ A S 5u I Lt SURVE FOR: HOLSTEN LAW OFFICE P.A. w 4 N Attachment 6 VACATION RESOLUTION WHEREAS, David Newberg, representing Wa and Cha Vang (the property owners), applied for the vacation of the following: A 10 -foot -wide unused drainage utility easement located on the property at 1280 Belmont Lane, Maplewood (Property Identification Number. 16- 29 -22 -11 -0039) and described as follows: The 10- foot -wide drainage and utility easement on Lot 10, Block 9, Hills and Dales Plat Number 2 in Section 16, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: On September 15, 2003, the planning commission recommended that the city council approve the public vacation. 2. On October 13, 2003, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the above - mentioned property (Lot 10, Block 9, Hills and Dales Plat Number 2). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation for the following reasons: 1. It is in the public interest. 2. The easement is unused. 3. The easement is not needed for drainage or utility purposes. The Maplewood City Council adopted this resolution on 2003. 7 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, SEPTEMBER 15, 2003 VI. NEW BUSINESS a. Easement Vacation (1280 Belmont Lane) Mr. Roberts said Mr. David Newburg, representing Wa and Cha Vang is asking the city to vacate an existing drainage and utility easement on the property at 1280 Belmont Lane. This easement is under a detached garage on the property Commissioner Trippler wondered if the easement diagrammed on page 6 of the staff report extended further south or does it end at the back of the property line? Mr. Roberts said he was not sure. Unfortunately this is one of the few plats that the city does not have a recorded copy of at city hall. Chairperson Fischer asked the applicant to address the commission. Mr. David Newburg, representing Wa and Cha Vang addressed the commission. He said the applicants would like to get this easement vacation taken care of to clear up the title. Commissioner Rossbach moved to approve the resolution on page seven of the staff report. This resolution is for the vacation of an unused drainage and utility easement on the property at 1280 Belmont Lane. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The easement is unused. 3. The easement is not needed for drainage or utility purposes. Commissioner Trippler seconded. Ayes — Desai, Dierich, Fischer, Monahan - Junek, Pearson, Rossbach, Trippler The motion passed. This item goes to the city council on October 13, 2003. Chairperson Fischer asked staff if there was any other way to get a copy of the plat? Mr. Roberts said if the city could get a copy of the plat as recorded with Ramsey County staff could do some further checking. Agenda #H3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Gruber's Power EquipmentfJunior Achievement LOCATION: 1762 and 1800 White Bear Avenue DATE: October 6, 2003 INTRODUCTION Project Description Representatives of Gruber's Power Equipment at 1762 White Bear Avenue are proposing to purchase .258 acres of land from the adjacent Junior Achievement property at 1800 White Bear Avenue. They would use this land to expand Gruber's exterior storage area, which will be screened by a 10 -foot high metal fence. Refer to the plans attached on pages 11 through 16. Requests The applicants are requesting the following city approvals: 1. Minor subdivision in order to subdivide .258 acres of land from 1800 White Bear Avenue (Junior Achievement) to combine with 1762 White Bear Avenue ( Gruber's). 2. A variance from the Hillcrest Village moratorium in order to allow a minor subdivision within the Hillcrest Village redevelopment area. Refer to the moratorium variance statement attached on pages 17 and 18. 3. A parking lot setback variance in order to allow the new lot line to be placed right up to Junior Achievement's parking lot, rather than the required 5 -foot setback. 4. A conditional use permit (CUP) for the expansion of exterior storage. Refer to the conditional use permit statement attached on pages 19 and 20. BACKGROUND On September 23, 2002, the city council formally supported the Metropolitan Council's proposed Hillcrest Village concept plan. Refer to the Hillcrest Village concept plan attached on page 21. On October 28, 2002, the city council adopted the Hillcrest Village Moratorium Ordinance. This ordinance established a one -year moratorium on development within the Hillcrest Village redevelopment area. The purpose of the moratorium was to give the City of Maplewood time to implement land use and design standards for development within the city's portion of the Hillcrest Village redevelopment area that reflect the smart growth concept plan. Refer to the Hillcrest Village Moratorium Ordinance and moratorium area map attached on pages 22 through 25. On November 19, 2002, Junior Achievement submitted a lot division application to the City of Maplewood. Junior Achievement was requesting the lot division in order to sell .258 acres of their property to Gruber's Power Equipment. In December 2002, city staff informed representatives of Junior Achievement and Gruber's Power Equipment that the lot division would require a variance from the Hillcrest Village moratorium. In addition, the 10- foot -10 -inch high fence that Gruber's had begun constructing would require a height variance, a building permit, and a CUP for the expansion of their exterior storage area. In March 2003, the planning commission and community design review board (CORB) began to draft a new mixed -use zoning district to be used in areas of the city where there is a need for redevelopment to create a revitalized, urban - village setting, such as the Hillcrest Village redevelopment area. Staff hopes to have a final draft of the mixed - use zoning district prepared for city council review by the end of October 2003. On May 29, 2003, city staff was in receipt of all required materials for Gruber's and Junior Achievement's land use applications. On July 7, 2003, the planning commission tabled Gruber's and Junior Achievement's requests in order to allow Gruber's and Junior Achievement time to modify their plans in order to address the following concerns: 1) fence height not to exceed 10 feet to alleviate the need for a fence height variance; 2) extension of the parking lot lease agreement with Junior Achievement to one year; 3) additional landscaping on the north and east side of the fence; 3) painting the metal fence a two -tone color; and 4) the removal of 5 feet of Junior Achievement's parking lot to alleviate the need for a parking lot setback variance (refer to attached 717103 minutes). On September 15, 2003, the planning commission reviewed Gruber's and Junior Achievement's revised plans which reflected the following changes: 1) reduction in the fence height from 10 feet, 10 inches, to no more than 10 feet in height; 2) change of the month -to -month parking lot lease agreement with Junior Achievement to a one -year lease agreement; 3) submittal of a landscape plan for the north and east side of the fence; 4) submittal of a fence elevation showing a band of green painted on the top of the proposed fence. The planning commission subsequently recommended the following: 1) minor subdivision — approval by a vote of 7 to 0; 2) moratorium variance — approval by a vote of 6 to 1; 3) CUP — approval by a vote of 7 to 0; and parking lot setback variance — approval by a vote of 4 to 3 (refer to attached 9/15/03 minutes). Minor Subdivision The Hillcrest Village Moratorium Ordinance states that no subdivisions or building permits for new buildings will be issued by the city during the moratorium period, which ends October 28, 2003. The ordinance allows for variances from the moratorium based on the city council's determination that a proposed subdivision or development would be compatible with the proposed land use and zoning, and that such proposals would keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. Gruber's and Junior Achievement 2 October 6, 2003 The planning commission and CDRB will review a draft mixed -use zoning district for recommendation to the city council at the October 6 planning commission and October 14 CDRB meetings. This new ordinance will reflect smart growth principles envisioned by the Metropolitan Council and the city for the Hillcrest Village redevelopment area, as well as other areas of the city where compact, mixed -use developments are desired. To ensure a compatible mix of residential and commercial uses, the commercial uses proposed in the new zoning district include retail and office uses that create little or no impact on surrounding residential properties. Commercial exterior storage, such as that proposed by Gruber's, tends to have a negative impact on residential properties including unsightliness of the materials or large screening walls, noise produced by customers viewing the materials or employees working in the area, and lighting nuisances. For these reasons, staff is recommending that exterior storage be prohibited or limited in the new mixed -use zoning district. Gruber's proposes to triple the size of their existing exterior storage with the purchase of the .258 acres of subdivided land. In this area they propose to assemble, store, and display tractors and other power equipment. The proposed subdivision, and ultimate use of the newly - subdivided land by Gruber's, is therefore not compatible with the proposed land use and zoning, and will not keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. Conditional Use Permit Both Gruber's and Junior Achievement's properties are currently zoned as business commercial (BC). Exterior storage is allowed within this zoning district with a CUP. Gruber's Power Equipment has been located at 1762 White Bear Avenue for over 20 years. Over time, and prior to the city's requirement for a CUP, Gruber's has expanded their storage of materials on the exterior of their building. Currently Gruber's has items stored behind a 6- foot -high fence in the back of their building, as well as in front of their building and in front of Junior Achievement's parking lot. The expansion to Gruber's exterior storage area requires a CUP. City code allows CUPs subject to nine standards as noted in the Reference Section of this report on pages 8 and 9. One standard requires that a CUP not change the existing or planned character of the surrounding area. While Gruber's expanded exterior storage area will not change the existing character of the area, it is clear that it would change the planned character of the proposed Hillcrest Village redevelopment area. In addition to changing the planned character of the area, the expanded exterior storage area creates other concerns as follows: Parking City code requires one parking space per 200 square feet of retail use and one parking space per 1,000 square feet of warehouse /storage space. Gruber's building is 6,376 square feet in area. If all areas within the building are used for retail use, city code requires 31 parking spaces. Additional parking spaces would be required for the exterior storage area. Staff estimates that Gruber's could accommodate up to seven cars in front of their building, leaving a deficit of 24 parking spaces, with additional spaces required if the exterior storage area is calculated into the parking requirements. Gruber's and Junior Achievement 3 October 6, 2003 Gruber's has obtained a temporary parking -lot lease agreement with Junior Achievement, which allows Gruber's to use 46 parking spaces within the Junior Achievement parking lot. Refer to the parking -lot lease agreement and map on pages 35 and 36. The shared parking lease creates ample parking space for Gruber's business per city code. However, staff is concerned about the temporary nature of this arrangement. The lease states that either party is able to renew or cancel the lease annually. There is no termination date given, which means if Junior Achievement chooses to cancel the lease at the end of the year, Gruber's must cease the use of the parking lot immediately. This can be alleviated by adding language to the lease indicating that Gruber's would have one year after cancellation notification by Junior Achievement in which to cease the use of the parking lot. However, even if both parties were agreeable to this language, staff feels that one -year would not be an adequate amount of time for Gruber's to either relocate their business or arrange for alternative parking. Parking Lot Setback Variance Gruber's existing building was constructed right up to or within a few feet of their north and south property lines, leaving no access on the outside of the building to enter the backyard. In order to maintain an access to the proposed expanded exterior storage area, the proposed subdivision includes a 12 -foot strip of land along the north side of Gruber's building. This new north lot line will come right up to Junior Achievement's existing parking lot. City code requires parking lots to maintain a 5 -foot side and rear yard setback when adjacent commercial property. The subdivision will therefore create the need for a 5 -foot parking lot setback variance. Mr. Gruber notes in his August 12, 2003, correspondence attached on page 24 that by virtue of the parking lot lease agreement, Gruber's would be responsible for maintaining the parking lot. Therefore, allowing the parking lot to come up to their new lot line should not pose a problem for Junior Achievement or Gruber's. While this statement may be true now, once the parking lot lease has been cancelled Junior Achievement or a new property owner could experience problems. Regardless of the parking lot lease, the city must still comply with state law, which requires that the city council find that strict enforcement of an ordinance would cause undue hardship to a property owner because of circumstances unique to the property under consideration. In this case there is no unique hardship because Junior Achievement's existing parking lot is large, with ample room to cut back the curb /gutter and asphalt in order to create the required 5 -foot setback. Fence As stated above, Gruber's began the construction of a 10- foot -l0 -inch high metal fence along the proposed new property line without the required building permit or land use approvals last fall. City code allows commercial fences to be up to 10 feet in height. During the planning commission's initial review of Gruber's and Junior Achievement's proposal, the planning commission indicated that they were not supportive of the originally requested 10 -inch high variance for the fence. Gruber's and Junior Achievement 4 October 6, 2003 Mr. Gruber's August 12, 2003, correspondence attached on page 26 states that Gruber's is willing to reduce the height of the fence from 10 feet, 10 inches, to 10 feet. However, no revised plans were submitted showing how the reduction in height would be accomplished. The contractor installing the fence, C Mogren Construction, submitted a building permit for the fence last December after the building department issued a stop work order on the construction of the fence. The building permit plans depict that the fence, which is almost fully constructed at this point, was to be 10 feet, 10 inches in height. Therefore, the only way to reduce the height of the fence at this point is to saw cut the top 10 inches of the metal fence and supporting posts, or remove the fence and reconstruct a new fence. Staff would like to commend Gruber's on their willingness to alleviate the need for the fence variance, but also notes the difficulty in doing so. Also during the planning commission's initial review of the proposal, they recommended that the fence be painted two tones of color in order to help break up the expansiveness of the fence. The revised fence elevation on page 29 shows an approximately one -foot- wide green band painted on the top of the fence. This colored -band adds a small amount of interest to the fence, but does not alleviate the overall expansiveness of the fence. Driveway Access Gruber's proposes two additional driveway accesses into the new backyard storage area as seen on the attached site plan on page 15. These driveways enter the storage area from Junior Achievement's parking lot and access driveway. Driveway easements and access agreements would need to be obtained from Junior Achievement for Gruber's use of these accesses. Grading /Drainage Bituminous surface is proposed within the expanded exterior storage area. Chris Cavett, Maplewood's Assistant City Engineer, reviewed Gruber's proposed grading and drainage plan for this area. Mr. Cavett states in his engineering report attached on page 39 that all storm water from the expanded exterior storage area must be treated by a stormceptor or other best management practices before it enters the existing catch basins. In addition, the city will require a maintenance agreement for cleaning and maintaining this stormceptor. Landscaping The expansion of the exterior storage area will require the removal of 11 mature evergreen trees. City code requires that these trees be replaced one for one. The landscape plan attached on pages 32 through 34 shows the planting of 16 techney arborvitaes along the rear 70 feet of the north side of the fence; and 12 amur maples and 24 red twig dogwoods along the east side of the fence. Because the fence is being constructed right up to Gruber's new east property line, much of the proposed landscaping on the east side of the fence must be installed on Junior Achievement's property. While the proposed landscaping will help the aesthetics of the fence, staff has concerns with the plan including the use of amur maples, which have proven to be invasive, and Gruber's and Junior Achievement 5 October 6, 2003 the planting of the landscaping on Junior Achievement's property. Future owners of Junior Achievement may want to modify or remove the landscaping, which would leave little to no landscaping in front of the 10 -foot high fence. Other Comments Dan Solar, Ramsey County Engineer: "This proposal has no real impact on Ramsey County. I am assuming that all entrance points remain the same." Lieutenant Dave Kvam, Maplewood Police Department: "Based on the data provided, I do not believe the proposal would negatively impact public safety in any way. In fact, allowing Gruber's to construct a 10- foot -10 -inch high fence that surrounds their storage area could help reduce theft during the nighttime hours, as they would be better able to secure products stored outside." SUMMARY This proposal has been a very difficult review for staff. Representatives of Gruber's Power Equipment state that over the last 20 years their customer base and business have grown in their current location. City staff would like to congratulate Gruber's for this success and their many years of business in the City of Maplewood, as we have always attempted to promote and support this type of growth. The difficulty city staff has is that we are also compelled and bound to support the city council's goal for the redevelopment of this neighborhood as well as uphold the adopted ordinances of the city. Approving the applicants' land use requests would not do that. In addition, it is staffs opinion that Gruber's site is fully developed. Granted, the expanded exterior storage area would help alleviate immediate storage needs but it would not address the parking shortages on the site. For these reasons, staff does not support Gruber's proposed exterior storage expansion. RECOMMENDATION Deny the land use requests by Gruber's Power Equipment at 1762 White Bear Avenue and Junior Achievement at 1800 White Bear Avenue as follows: minor subdivision, Hillcrest Village moratorium variance, 5 -foot parking lot setback variance, and conditional use permit for the expansion of exterior storage. The city is denying these land use requests because: The city council has formally supported the Metropolitan Council's proposed Hillcrest Village Redevelopment Plan. This plan is based on smart growth principles, which help create livable neighborhoods where homes, jobs and services are linked by walkable streets. Gruber's Power Equipment is located in the Hillcrest Village Redevelopment Plan. An objective of the Hillcrest Village Redevelopment Plan is to help guide changes within the area in order to create a village center with an active street life that mixes shops, workplaces, housing, recreation and civic uses, and avoids commercial uses that are not residential friendly, such as exterior storage. Gruber's and Junior Achievement 6 October 6, 2003 3. Junior Achievement's proposal to subdivide land within the Hillcrest Village moratorium area, and Gruber's proposed use of the land as an expanded exterior storage area, is not compatible with the proposed land use and zoning for the area and does not keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. 4. There are no unique hardships or circumstances that warrant approving the 5- foot parking lot setback variance. 5. Gruber's requested conditional use permit for the expanded exterior storage area would change the lap nned character of the surrounding area. 6. Gruber's proposed 10 -foot high fence lacks the human -scale architectural elements envisioned in the Hillcrest Village redevelopment area, i.e., lower - style, decorative fencing which does not tower over the human scale. Gruber's and Junior Achievement 7 October 6, 2003 REFERENCE SITE DESCRIPTION Gruber's Power Equipment — Site Size: .35 acres (15,323 square feet) Existing Use: Retail Power Equipment Store Junior Achievement — Site Size: 4.17 acres Existing Use: Educational Facility SURROUNDING LAND USES Gruber's Power Equipment — North: Junior Achievement Educational Facility South: Super America Gas Station East: Junior Achievement and North St. Paul Road West: Residential Properties across White Bear Avenue Junior Achievement — North: Ramsey County Golf Dome across Van Dyke Street South: Gruber's Power Equipment East: Perkins Restaurant West: Residential Properties across White Bear Avenue PLANNING Gruber's Power Equipment and Junior Achievement — Land Use: Business Commercial Zoning: Business Commercial Criteria for CUP Approval Section 36- 442(a) states that the city council may grant a CUP subject to nine standards for approval as noted below: 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, Gruber's and Junior Achievement 8 October 6, 2003 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. 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. Findings for Variance Approval The Hillcrest Village Moratorium Ordinance states at Section 4 that variances from the moratorium may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. In addition, the variance must comply with state law, which requires that the city council make the following findings to approve a variance: Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Gruber's and Junior Achievement 9 October 6, 2003 Application Date State law requires that the city take action within 60 days of receiving complete applications for a land use proposal, unless an applicant agrees to extend that date. At the July 7, 2003, planning commission meeting, the applicants agreed to extend their 60- day deadline in order to resubmit plans which would address the planning commission's concerns. At that time the applicants set no deadline date for city council approval, however, city council should take action on this proposal by the scheduled October 13, 2003, city council meeting, unless the applicant agrees to an additional time extension. P:Sec 14 /Gruber's Attachments: 1. Location Map 2. Land Use Map 3. Zoning Map 4. Subdivision Map 5. Site Plan 6. Fence Elevations 7. Moratorium Variance Statement 8. Conditional Use Permit Statement 9. Hillcrest Village Concept Plan 10. Hillcrest Village Moratorium Ordinance and Map 11. Gruber's August 12, 2003, Correspondence with Attachments - Pictures - Landscape Plan -Lease Agreement Junior Achievement's Letter of Support - Gruber's Statement of Positive Impacts 12. Engineering Review Gruber's and Junior Achievement 10 October 6, 2003 Attachment 1 I X IJ C EN Gruber's Power Equipment 1762 White Bear Avenue a Junior Z Achievement � I / Larpenteur Avenue Qa � ❑o � ❑dam Location Map 11 Gnibefs Power Equipment 1762 White Sear Avenue Attachment 2 LEGEND Light Manufacluring Heavy Manufacturing Neighborhood Cormnerclet Commercial Office Limited Business Commercial Business Commercial Motlmed Business Commercial Small Lot Shajte Dwe0ing Reel Single Dwelling Resldentlal " Double Dwelling Residential Law Multiple Dwelling Resident Medlun Muhiple Dwelling Resdd High Multiple Dwelling Residen JiS 70001) Reslden0at Estate 40000 Residential Estate Park Open Space School City Oovemment ubrary Cemetery Church Fire Station Land Use Map 12 Larpenteur Avenue Ciruber's Power Equipment 1762 White Bear Avenue 0 LEGEND Attachment 3 ught Manufacturing Heavy Manufacturing Neighborhood Commercial commercial Office Limfted Business Commercial Business Commercial Modified Business Commercial Shopping Center Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential Low Mulftple Dwellings High Multiple Dwelling Residential Condo Planned Urban Development Residential Estate (30,00 sq 1t) Residential Estate (40,00) sq ft) Farm 13 Zoning Map Larpenteur Avenue Attachment 4 SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS STING • ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 ^ MINNETONIC� MN 55305 952 -546 -7601 FAX 952 -546 -9065 r.ww.achoellmad9on.com 10\ ��/ C, / SEDGE Of 9INYWW$ -` 0 1 l3 L V � L `uu W E ' G O N L cwuito x w c Ear 6 A � Cf6 It5T1f1� o I lot hne N �•� EXISTING BOWING V 4�sr `` roTFCNy� Rew 1of/I)Aei 0 A 9 4` N4O 167.23 ��' °' x000 EENGE 3 "W I O N Z� `L' .1 �1- o.Ge y 3 ` V \ N o Q \ O — SWLY uNE of LOT �S a Subdivision Map 14 (� Attachment 5 Jun�o� r1c,`niQ�QmQn� C� O�Y eann.ivice,�ri OC X � r�ber5 3 Q% 15 Ne) acs +t Site Plan OI 0 ch 16 Attachment 6 cTVry OT fftirP QI*o &f)zt }H Fence Elevations Attachment 7 DORSEY & WHITNEY LLP MINNLIPOLLS SUITE 1500 SOUTHERN CA IPOA L, 51^ 50 SOUTH SIXTH STREET Bw SSau luea� YOB MINNEAPOLIS, MINNESOTA 55402 -1498 1On WASHINGTON, 0.0. TELEPHONE: (612) 340 -2600 PALO ALTO DHNVS0. aaBAT PALLS FAX: (612) 340 -2868 LoNnoN ,TOADNTO www.dorseylaw.Gam SAN FRANCISCO HONG SONG ANGHOa Gz Mlssovra PAMELA M. JORGENSEN DES MOINES Paralegal NORTHERN VIRGIM SALT LAKE clTr (612) 340 -8769 SHANGHAI FARGO FAX (612) 340 -2644 v.NCOw jorgensen.pamela@doraeylaw.com December 20, 2002 VIA MESSENGER Shann Finwall Associate Planner City of Maplewood 1830 County Road B Maplewood, MN 55109 Re: Junior Achievement/Gruebers Dear Shann: Enclosed please find an Application for Variance from the moratorium for the Hillcrest Village Redevelopment Area. As you know, Junior Achievement of the Upper Midwest, Inc. (`7A ") filed an application for subdivision that was rejected for reasons set forth in your letter dated December 4, 2002. It is our understanding that because of a moratorium on development in the Hillcrest Village Redevelopment Area, it is not possible to process the subdivision application without a variance from the moratorium. On behalf of JA, we are requesting such a variance. Will you please process the Application for Variance and let me know if there is any additional information that you need. On the substantive side, we are sure that the JA request is not the type of "subdivision" which was contemplated by the moratorium. JA is not asking to subdivide a large parcel into smaller parcels or lots. There is no subdivision at all, merely a realignment of the boundary lines between the JA property and Gruebers Hardware property ( "Gruebers "). There are currently two parcels: the JA property and the Gruebers property. If the variance is granted and the boundary alignment ( "subdivision ") approved, there will still be two parcels: The JA property and the Gruebers property. The only difference will be the realigned boundary -- and the fact that property which is currently tax - exempt will be part of the tax base. I am enclosing a check in the amount of $841.00 as well as 14 copies of a survey prepared by Schoell & Madson, Inc., which identifies the property to be realigned. Hopefully, it contains all of the details which you require. Moratorium Variance Statement 17 DORSEY & WHITNEY LLP Shann Finwall December 20, 2002 Page 2 If you have any questions, or if you need any additional information, please call. Thank you for your help. Very truly yours, Pamela M. Jorgensen Paralegal Enclosures cc: Tim Greinert Greg Grueber If.7 Gruber'i q4 1 pane0t December 6, 2002 To: Whom it may concern Re: Conditional Use Permit Attachment E Gruber's Power Equipment has been a faithful Maplewood based business for over twenty years. Through those years our customer base and business has grown. As many of you on the council know and have probably seen our storage area has not given us adequate means to house our products in a safe and professional looking manner. As of right now we have anywhere from twelve to twenty four tractors stored outside our fence area and building twenty-four hours a day seven days a week. This presents an uninviting retail image. With the limited space in our current yard we are forced to do some assembly in our front parking lot. Our trailer, which is used daily for pick -up and deliveries, has to be stored in the front of our building out in the open. Sanitation dumpsters are in the open. Our current situation reduces our already limited parking, invites theft `which has been a problem", and presents an uninviting business appearance. These variables make it very difficult to run our business in a manner in which we see fit. Our current fence is approximately six feet in height. The equipment racked inside the fence can be seen from the street. Our planned fence is opaque and ten feet in height. Being that height, it would shelter all outside storage from the publics view. The proposed area will almost triple the size of our current yard. With that space we would have enough room to take care of the problems described above. We will be leaving the oak trees planted on the south side of the property. Additional trees will be planted on the east side of the fence per our agreement with Junior Achievement. Aesthetically the area will make dramatic improvements versus its current conditions. Conditional Use Permit Statement 1762 White Bear Avenut; • Maplewood Minnesota 55109 + Phone ( 1 65 1) 770 -7680 • Fax (651) 770 -7714 10 Gruber's Power Equipment is in need of additional space. The area proposed would give us an adequate amount of space to fulfill our needs. Not only will it clean up our business and the view it presents from White Bear Ave we will be able to serve our customers and community better. Thank you for your attention to this matter. Gruber's Power Equipment 20 CONCEPT REDEVELOPMENT PLAN a ar ma ao March 15, 2002 - Commemial /Office Building Mixed -Use Building Residential Building — j 1'_ J Fut Commercial Building Indicates Number of Stories BLOCK W7 12,900 SF Commercial 16 Townhame Unt" 42 Off -Street Surface Spaces L A R P BLOCK W2 16,800 SF Cummercial I L I - - - - -y 71 Off-Sreet Surface Spaces I 1 C A w 2 W J l attachment 9 49,400 C 36,4 F fice 1 2B Ap ent Unin ! 35l Of Street Surface BLOCKS Eta & E26 1 13,700 SF Commetdal i - -y ! 10 1 570ff-Stfeeet Spaces BLOCK E3a 21,700 SF Commercial 42 Apartment Unin ! 81 Off - Street Surface Spaces BLOCK E36 BLOCKS W3a & W31, 1 e e 17,400 SF Commercial i ■ Q ! 5D Off- S e- Family Units ` -'- 50Off¢ ee[Surface Spaces 1 8 8 BLOCK W4 38 Apartment Units L- - - - - -- 16 Off - Street Surface Spaces BLOCKS WSa & WSb 16 Townbome Units 2 Single - Family Units BLOCK W6 12 Towttbomc Units 8 ! B BCY 1 I Calthorpe Associates 19,400 SF Commercial 44 Apartment Units 71 Off - Street Surface Spaces BLOCKS E4. & E4b 10 Townhome Units 2 Single-Family Units ! 38 Apartmcnt Units BLOCKS E5. & E56 - - -' 22 Towuhome Units 2 Single - Family Units 1 BLOCKS H6a & E61, ! 22 Townhome Units Lu ll", z r�r®ra r HIL LCREST VILL an Growth Twin Cities Metropolitan Couneil City of Maplewood City of St. Paw 21 Attachment 10 ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area ") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area. This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: - Land use - Building setbacks - Building height - Design standards for buildings - Pedestrian flow and safety - Parking - Streetscaping - Signage - Lighting - Landscaping - Housing density 1.04 There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. 22 SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. 2.03 A moratorium on development in the Hillcrest Village Redevelopment Area is adopted pending completion of the study and /or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building during the moratorium period. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. 23 SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on October 28, 2902. Mayor Attest: City Clerk 24 City of Maplewood SE Larpenteur Avenue N Hilicrest Moratorium Area 25 Attachment 11 G to be e qv,p gent I 7 � 2 Nh,'� 8a.rs Ave enure Maplewood, Minnesota 55909 `(our Outd ecr Fa +/F, Ea'.ciFruS wz SpFC�Alsc. , PH: 651 - 770 -7680 -M 651- 770 -7716 August 12, 2003 Shaun Farwell City of Maplewood ..., • 1 •_ = After the planning commission hearing on Monday, July 7, 2003 Gruber's Power Equipment and Junior Achievement have taken these suggested steps by both the planning commission and city staff. 1. Reduce the fence height from 10 -foot loirxhes tall to no more than 10-feet at its highest point. 2. Extend the parking lot lease agent between GrubWs Power Equipment and JuNor Achievement to a one-year agreement versus a rrwntlrtA rrbr>th agreement. 3. Produce a descriptive landscaping plan. 4. A photograph showing the planned final appearance of the fence. Note, trees shown on the picture are not the actual tree type or placement being used. The photograph is only to show the appearance of the new fence versus the appearance of the old fence. Please see the landscape plan for tree and shrub type and quantify. One other issue noted was the parking lot set box* variance. The curb and asphalt that separate the two property lines also serves a drainage purpose. That curb guides the water into the stone sewer at the southwest comer of the leased parking lot Removal could potentially disrupt drainage, winch functions ricer perfect right now There is also a cost issue. To remove and replace the cubing and asphalt woad be very expensive. By virtue of our Ise agreement. We (Grubees Power Equipment) currently own and our responsible for maintaining that parking lot and feel that the set back should not be an issue. With that said both GruWs Power Equipment and Junior Achievement have agreed if R takes xxMing the curb, soaping and removing the asphalt, and relocating it 5-feet north in order to get the transaction approved then that is what we will do. It just seems a bit unreasonable for what it will accomplish. Enclosed with this letter are the following items. 1. Pictures that were taken of Grubers Power Equipment and then rendered to help give a before and after image of the 2. A detailed landscape plan provided by Abrahamson Nurseries. 3. A revised lease agreement. 4. A letter of support offered by Junior Achievement. 5. A list of positive impacts this transaction will have. r i • • c •. r• •c nw • • 1 -•• - "ti . f s -.,�. •., •.a r. •. •.- r -w•77 9 Gruber's Power Equipment @� +u� i try" Fir" P k � Imo" :` pan s (IIIItl1J v 41 111F 15 SLIM1 IL L PICK -Up 4 GFII U CBY r k ` F r �i I U, , PANTS SEPVILL PICIO I OEW"Ul s, FS II lli�l f e i.. PAPiti ]EP VICE PICK-UP a 6E1IVENY Y 4�' t t 1' � 1 4 (•_ � 2 N 0x SKay4.�Tyye* Y s, FS II lli�l f e i.. PAPiti ]EP VICE PICK-UP a 6E1IVENY Y 4�' M T N D m I��,�����il�l�� "�� t' s �; f A' i� I t, _. lu I i,lf it l' �� y� 1 ; , 1 j � "i 1aii:, , "��', a � r Z `i W N z A NUR5ERI gS maxt of cA�naeoro "nw r� 'S..w4 am Smm 'sxp..w; - 16stlsaaafat '- ffDf'� ��v r�?uowH r e pr li Ti Ow I"T['y�g� VRSY�.I H SI GRUHER HARDWARE INC. - ------ - - - "'T \ I f \ C5 {7 I I I I I I I I 1 I I I i I — i a 981. M \ \ EXIST. BULLRING 1762 WHITE BEAR AVE. / 4 f s 9 w C A f 4R .w ♦ w9Y`2 / .952.53 4 �. 33 (ftN b5c "& ln}1)5) PT.•F / 9: .SI 95 3.57TC I i 1 11771 117 MMM 9 % y� r 9 .1311 opnPn Qal ABRAHAMSON NURSERIES 20021 St. Croix Tr. N. 2100 Tower Drive Scandia, MN 55073 Stillwater, MN 55082 433- 2431 439 -2140 Submitted To: GRUBER HARDWARE #3 Date: 8 -7 -03 treat: 1762 WHITE BEAR AVE. IRED TWIG DOGWOOD (Home Phone: JAI_ ^ Il , JtOtO, LI : wumrLLV VVV, Mil y N 200 6 1� f IIJ116. 1 VVU la Prnnnce hereby in fl Imich material anrt lahnr - rnrrtnlate in hereby ..._._.._. _.._ .___. ?rr•nrrianr uliiIn ¢nArifirafin_ - nc hdnw, for ...... ...__.... below , ._. he sum of $5 I Payment to be made as follows: In full upon completion. Deduct 3% if paid by cash or check within 10 days Aa rnatenal s guaranteed to be as specified. AN work to be completed in a workmanlike manner according to standard practices. Any alteration or devia. lion from spedficatiOns below ww(*Ag extra costs will be executed arty upon waften orders, and will become an extra charge over and above the estF mate. All agreements contingent upon strikes, accidents or dekM beyond na control. Owner to carry fire, tomado and other necessary insurance. Our w orkers are fully covered by Workmans compensation Insurance. AUTHORIZED Note: This proposal may be withdrawn by us if SIGNATURE: not accepted within 30 days a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. b) Under Minnesota taw, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after comple- tion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice. We are pleased to submit the following estimate for QTY. DESCRIPTION SIZE 16 ECHNEY ARBORVITAE 3' 12 UR MAPLE #3 24 IRED TWIG DOGWOOD #5 200 1L.F. COBRA EDGER 26 ON RIVER ROCK 1000 S.F. SOD REMOVAL 34 LaN b5c ftf U--, Junior Achievement July 25, 2003 Mr. Greg Gruber Gruber's Power Equipment 1726 White Bear Avenue North Maplewood, MN 55109 Dear Greg: Junior Achievement of The Upper Midwest, Inc. 1800 White Bear Avenue North Maplewood, NIN 55109 651 255 - 0055 Fax: 651 255 - 0460 E -Mail administrator@jamn.org Websitr www.jaum.org Based on our conversations, I am pleased to propose the following updated arrangement for Gruber's use of the Junior Achievement parking lot for customer parking. ❑ Junior Achievement agrees to allow Gruber's Power Equipment to utilize the White Bear Avenue parking space (46 spaces) outlined on the attached drawing under a 12 -month lease agreement. ❑ Gruber's will pay Junior Achievement an annualized rate of $2,400 for the exclusive use of the outlined parking area. Junior Achievement will invoice Gruber's in the amount of $200.00 on a monthly basis, with payment for each month due no later than the final date of the previous calendar month (For example, November 2003 payment would be due no later than October 31, 2003). ❑ Gruber's Power Equipment shall be responsible for liability and maintenance of the leased parking area and agrees to provide Junior Achievement with a certificate of insurance naming Junior Achievement as a covered party in the event of an accident or injury to a Gruber's customer while using this property. ❑ This agreement Will be renewable annually upon agreement by both Gruber's and Junior Achievement. Please sign both copies and retuin one copy to me and retain one for your files. ,t ZTn President Enc. Parking site map 35 �R N Gruber's Power Equipm t ( - ®� r��rlJl Date ' , • •� .. , tow � p bom gab w N W E S Leased Parking 36 ,& Junior Achievement° July 25, 2003 Mr. Greg Gruber Gruber's Power Equipment 1726 White Bear Avenue North Maplewood, MN 55109 Dear Greg: Junior Achievement of The Upper Midwest, Inc. 1800 White Bear Avenue North Maplewood, MN 55109 651- 255 -0055 Fax: 651- 255 -0460 E -Mail: adminisrratorCiPjamn.org Website: www.jaum.org As a Maplewood business resident and a White Bear Avenue neighbor to Gruber's Power Equipment, I'd like to pass on Jrmior Achievement's appreciation for your efforts to not only improve your business, but to help brake the area cleaner and safer for all residents. As you know, Junior Achievement's mission is to help young people understand the free enterprise system and to become successful citizens in their community. A key feature of Junior Achievement's program is the 15,000 students, teachers and volunteers that visit our White Bear Avenue facility each year and the safety of these guests is our number one priority. It is our belief that the changes you are proposing will make the visit of our guests more enjoyable and safe through an improved exterior appearance, better control of traffic through the parking area where students and guests board buses, etc., and by moving cargo truck loading off of White Bear Avenue which will improve traffic flow and line of sight for autos entering and leaving the Junior Achievement parking lot. We feel that Gruber Power Equipment is the type of family -owned business that Maplewood is built on. and strongly endorse the improvements you are proposing to make both Gruber's and Maplewood a better place to live and do business. Please let me know how Junior Achievement can continue to support your efforts. Sincerel T rtnert President 37, Let Their Success tie Your Irxpirationi- VfVbe M, *I .. yr..v ou_aee, Fowe; Here is a list of positive impacts completing this transaction will have on the city, the Maplewood community, and us. 1. Remove tractors located in front of Gruber's Power Equipment. 2. Remove dumpster in front of Gruber's Power Equipment. 3. Improve curb appeal from White Bear Avenue. 4. Take loading and unloading off of White Bear Ave and put it in a non- congested lightly traveled parking lot. 5. Replace a fence that is aged, warped, missing pieces and vandalized with graffiti. 6. Reduce theft and vandalism. 7. Increased revenue for the city by putting a piece of property that is off the tax table back on it. 8. New fence will cover racking and equipment that current fence does not. 9. Improved landscaping. 10. Will allow Gruber's Power Equipment to run a more professional and efficient business_ 11. Will allow Gruber's Power Equipment to make other improvements. Cleaning up the front of the building would be a priority once we are capable of moving the tractors and dumpster to the proposed locations. 12. Increased parking. These are twelve items that improve things for everybody, not just Gruber's Power Equipment. U Attachment 12 Engineering Review PROJECT: Gruberss Power Equipment PROJECT NO: CHECKED BY: Erin Schacht and Chris Cavett, Maplewood Engineering Department DATE: June 27, 2003 Summary: Gruber's Power Equipment is planning on expanding their parking area. They are located near the comer of White Bear Ave. and North Saint Paul Road. GRADING AND DRAINAGE PLAN The following comments to the Gruber's Power Equipment grading plan shall be addressed: Specific comments and conditions: 1) Storm water from the parking lot must be treated before it enters the existing catch basins to the north. Stormceptors, V2B1's or any other storm water BMP's (Best Management Practices) are acceptable for treating storm water runoff. Provide treatment calculations for the selected BMP. Refer to the metropolitan council web site for more information on effective storm water BMP's: The Urban Small Sites Best Management Practice (BMP) Manual provides information on tools and techniques to assist in guiding development and redevelopment. The manual includes detailed information on 40 BMPs that are aimed at managing stormwater pollution for small urban sites: http //www.metrocouncii.org/ environment /Watershedibmp /manual.htm 2) The rate of flow to the existing storm sewer must be controlled and not be greater than the existing conditions. Holding pipes or a pond may be used for rate control. Drainage calculations must be provided. 3) Before the city issues a utility permit, the applicant shall complete a maintenance agreement for cleaning and maintenance of the BMP's. The maintenance agreement will be filed as a covenant on the property. A draft of a maintenance agreement is attached. 39 Engineering Review Planning Commission Minutes of 07 -07 -03 Planning Commission Meeting July 7, 2003 b. Gruber's Power Equipment (1762 White Bear Avenue) Mr. Roberts said representatives of Gruber's Power Equipment at 1762 White Bear Avenue are proposing to purchase .258 acres of land from the adjacent Junior Achievement property at 1800 White Bear Avenue in order to expand their exterior storage area. Gruber's also wants to construct a 10 -foot 10 -inch high metal fence to screen the expanded storage area. Mr. Roberts said the difficulty that city staff has with Gruber's requests is that they are compelled and bound to support the city council's goal forthe redevelopment of this neighborhood as well as uphold the adopted ordinances of the city. Mr. Roberts said approving the applicant's land use requests would not do that. In addition, it is staff's opinion that Gruber's site is fully developed. The expanded exterior storage area would help alleviate immediate storage needs but it would not address the parking shortages on the site. For these reasons, staff does not support Gruber's proposed exterior storage expansion. Commissioner Trippler asked if there was any discussion about extending the fence due east and put a gate on the back of the fence for the loading and unloading of equipment and eliminate the five -foot variance? Mr. Roberts said the applicant was proposing to extend the fence along the new east line with a gate and a new access point. They also wanted to expand the fence farther north, which is where the partly constructed fence is. Commissioner Trippler asked if the planning commission and city council were to deny the applicant's request, would the city require the applicant to remove the fence because the fence posts are cemented in? Mr. Roberts said yes. Commissioner Dierich said it appears staff's issue is to use this building as a test case for the future Hillcrest Redevelopment Area. She hates to have Gruber's pushed out of the City of Maplewood. She asked what the city plans on doing to assist these companies to find alternative locations if they are unable to expand their businesses? She asked if the applicant can request to have covered storage rather than outdoor storage and ask for a building permit so they would not need these variances? Mr. Roberts said there are a few alternatives. One alternative is Gruber's would have to operate without any changes until such time that the city could put together a fund that would help businesses relocate to another part of Maplewood. He said a short-term alternative for Gruber's is to expand to the east although the parking shortage and unsightly fence is still an issue. Mr. Roberts said because Gruber's has outgrown their space the storage of tractors and large power equipment is an issue. Storing tractors in the front of the building is an eye sore and Gruber's has stated if they can't store their supply on site it makes it difficult for them to sell the product. 40 Planning Commission Minutes of 07 -07 -03 Commissioner Dierich asked if the city could grant a CUP and time limit the CUP so that it would temporarily solve Gruber's problem but yet at the same time it would solve the city's problem? She said with a CUP the city could require the site to get cleaned up. Mr. Roberts said that is an option. But he stated how does someone make a fence that large look nice? He said the city wants to work with the businesses in Maplewood. The city has done a CUP with a time limit on it before and that puts the company on notice to find another location. Commissioner Dierich asked if there have been any problems at the site or complaints from the neighbors? Mr. Roberts said staff did not do a neighborhood survey but has not received any telephone complaints from the neighborhood either. Mr. Roberts said he believes the fence is to hide their supplies and is for security as well. Chairperson Fischer asked staff what constituted a subdivision verses a lot split? She said the city is talking about two lots that are already two lots and then also moving the property line and this did not fit her idea of what a typical subdivision was. Mr. Roberts said under the city subdivision code in chapter 30 it states a subdivision means a separation of an area, parcel or tract of land into two or more parcels. He said Junior Achievement is dividing their property into two pieces, one large parcel to keep and a small parcel to sell to Gruber's. Chairperson Fischer asked staff if the city would allow a lot split under the moratorium? Mr. Roberts said the city has not allowed lot splits in the past. He does not think that was the intention because the city requested that no change occur until the new ordinance was written and the moratorium was completed in October 2003. Chairperson Fischer asked staff where does the fence go from 10 -feet high to 10 -feet 10- inches high? Mr. Roberts said the applicant could answer that. Commissioner Desai said problem started between Gruber's and the city in December 2002. He asked if any progress was made towards some type of compromise between Gruber's and the city and were there any alternatives? Mr. Roberts said he is not aware of any discussion but if there were, it would have been between_ Ms. Finwall and Gruber's. He said he is confident Ms. Finwall would have mentioned that in the staff report. He said Gruber's started building the fence and the building inspector put a stop work order on the fence because the applicant did not have a permit, the city staff started reviewing this site and discovered there were other issues that needed to be addressed and it has taken this long to get to this point. Chairperson Fischer asked the applicant to address the commission. 41 Planning Commission Minutes of 07 -07 -03 Mr. Matt Gruber, Gruber's Power Equipment, 1762 White Bear Avenue, Maplewood, addressed the commission. Mr. Gruber said due to the storage problem on the property it makes it difficult to run their business efficiently. He said the 10 -foot 10 -inch metal fence maybe unsightly but the wood fence is unsightly and did not serve its purpose and the holes in the fence had been patched several times. He said with their wood fence Gruber's has had theft of property occur because people have removed or broken the fence and steal the tractors or power equipment off the property. He said in order to keep the top edge of the metal fence level because of the slope of the parking lot they built the range of the fence height from 10 feet in height to 10 feet 10 inches in height. He said Gruber's explained to staff that they could lower the metal fence to 10 feet high, however the fence will be a different height because of the slope on the property, therefore the top edge of the fence will no longer be a straight edge. Mr. Gruber said he knows the tractors sitting outside the property are an eyesore and Gruber's would like to move those tractors to the rear of the storage area to take care of that problem. Mr. Gruber said they are trying to improve the image of Gruber's and take what they have and make it better. Mr. Gruber said Gruber's would like to reface the exterior of the building and they know because of the moratorium and the Hillcrest Redevelopment plan they cannot make any changes. He said Gruber's business should not have to be on hold because the city doesn't know when this redevelopment will happen or if there will be funding for it? Mr. Gruber said consumer expectations are higher than ever and with Northern Hydraulics and Home Depot down the street it makes it hard for businesses like theirs to stay in business if they can't store their tractors and power equipment on site. He said the lease agreement between Gruber's and Junior Achievement has a sixty -day termination clause if either party wants to cancel the lease. He said Junior Achievement expressed to Ms. Finwall that Gruber's could work on the Junior Achievement property and a longer lease agreement can be worked out. He said Gruber's wants to know what they can do to make this process move forward? Mr. Gruber said on October 25, 2002, there was a stop work order posted on the site because they did not get a fence permit. He said in the past fifteen years they have had 3 fences installed and all 3 fences were required by the City of Maplewood. He said first the city wanted a chain -link fence and then the city wanted it to be opaque so Gruber's had to have the fence slotted, then the fence was unsightly so Gruber's put a 6 -foot high wood fence up. Gruber's tried to patch the fence and that became unsightly. He said now Gruber's built the metal fence and this fence is too high. He said in the fifteen years that the fences were required by the city Gruber's was never required to have a fence permit before and therefore, they did not think they needed a permit for the metal fence but now this fence is too high. He said their sanitation is in front of the building and that would be moved to the back of the building. He said there has been theft and vandalism of the equipment and they are trying to make the business more secure and improve the appearance. If the city is going to redevelop and change the area, and the city does not have a time line, is it fair - for the city to stop Gruber's from going on with their day -to -day business? He said they feel they have earned their place in Maplewood and to make their business better and to stay there. Commissioner Trippler asked why Gruber's moved the fence up to the parking lot and didn't extend it to the east and have a gate for loading and unloading the equipment from the east? Mr. Gruber said that is part of the fence design. There will be two openings, one opening on the north side and one on the east end of the lot, which is where they plan to load and unload their supply to get the trucks off of White Bear Avenue. 42 Planning Commission Minutes of 07 -07 -03 Commissioner Trippler said he did not notice the gate openings on the plans. Mr. Gruber said he submitted the plans to Ms. Finwall, which showed the gate openings on the survey and drainage plan. Mr. Roberts said on page 13 it shows one gate on the east side but not on the north side of the fence. Mr. Gruber said the important gate opening is the east opening, if the north side gate does not get granted then so be it. Commissioner Desai asked Mr. Gruber if he and the city have had a discussion regarding a compromise considering the moratorium is in place and how Gruber's could make their business grow in the same location such as with off -site storage. Mr. Gruber said they have off -site storage in Stillwater. To run their daily business they have to have inventory in stock and it is very difficult to have to drive back and forth to their storage facility everyday. Mr. Gruber said it would relieve some of the pressure of having to move eight tractors out from storage in the back just to get one tractor out if they had better and more efficient storage space. Mr. Tim Greinert, President, Junior Achievement, 1800 White Bear Avenue, Maplewood, addressed the commission. After nine months he feels obliged to make a few comments regarding Gruber's Power Equipment. He said regarding the parking issue, Junior Achievement owns most of the available parking in that area that they lease to Gruber's. Their parking lot gets used frequently without lease agreements or permission and they are appreciative of Gruber's leasing the space from Junior Achievement. He said there are cars parking in their lot without permission all the time. They have cars parking there from the health care facility across the street and vendors have parked their trailers in their parking lot. He said if lengthening the lease agreement would facilitate things for Gruber's Junior Achievement would be happy to do that if necessary. Regarding the five -foot setback, where the fence goes is very negotiable, and Junior Achievement is happy to remove some asphalt if that is what needs to happen. He said Junior Achievement as part of their lease agreement with Gruber's has stated that the fence should be high enough to hide the inventory, the green barriers stay in place, and on the east side there are some tall pine trees that help hide the fence. Gruber's has also agreed to replace trees and shrubs to help conceal the fence. Mr. Greinert said Junior Achievement would like to go on the record stating they are very flexible and negotiable to work out a settlement with Gruber's and the city. Commissioner Pearson asked if Junior Achievement would be interested in a longer -term lease agreement with Gruber's for the space? Mr. Greinert said by all means and he thought Ms. Finwall had indicated that in her report. He said Junior Achievement is open to a six - month, 1 -year, or 2 -year lease agreement. Commissioner Trippler asked staff what happens on October 28, 2003, when the moratorium is lifted? 43 Planning Commission Minutes of 07 -07 -03 Mr. Roberts said hopefully by then there is the new zoning ordinance and the zoning would be in place and the moratorium lifted. If the new zoning ordinance is not completed and not in place by that time the city can try to extend the moratorium again, or the moratorium would end and the city would operate under the current rules. Commissioner Pearson said he can't support denying this request for a number of reasons. There is a moratorium that is going to end and he has been involved in a lot of discussion regarding the Hillcrest redevelopment at the HRA meetings. He has asked several times how the Hillcrest Redevelopment plan is going to affect existing businesses that want to remodel or enlarge their buildings and he has never gotten a solid answer. He has been asking what the zoning was going for sites such as Junior Achievement and Gruber's and the plan only shows three white buildings but it has no specific designation of what the zoning will be. Commissioner Pearson said at the time the city was dealing with the Hillcrest Redevelopment plan there was no knowledge of any applications in process and he does not think this project is a good test of the moratorium. In his opinion this is a small adjustment to a lot split. Commissioner Pearson said it seems the fence is something Gruber's has tried to accommodate the city on for months and they can't come to an agreement of what is acceptable to the city. Commissioner Pearson said the parking is not a problem because Junior Achievement is willing to work with Gruber's and the city regarding the length of the lease and the space that Gruber's needs. Commissioner Pearson said the city is talking about a new development that is going to be five or six years down the road if it gets funded, and if that is the case the only fair way to treat the business owner is to do a eminent domain and compensate the property owners for their property. He does not think this is the project to do a test on and he would vote against denying the use. Commissioner Monahan -Junek said she is in agreement with Commissioner Pearson and she can't support denying this request either. Gruber's has been in the city for a long time and has been a good tenant. She believes in the Hillcrest Redevelopment Area plan and she knows the timeframe is not cast in stone nor will it be cast in stone based on the funding. She thinks the city needs to be fair and equitable to those businesses that existing now. She said it is a very small parcel in the grand scheme of things. She doesn't support the five -foot variance because she thinks the city can deal with that another way. The property is zoned commercial, which means you may have property, which may seem to look untidy. She said maybe the city could propose some screening along that north side to cover the fence. Commissioner Dierich said she agrees with both commissioners. She said Gruber's is trying to clean up the site. The city can put a time limit on the CUP and the city could review the CUP in a year and make sure this is where the city wants to go. She would really like to see the tractors taken out in front of the store. She thinks screening from the fence can be done with landscaping - and Gruber's is trying to improve their business. Commissioner Rossbach said he has a different point of view. He doesn't like the 10 -foot metal fence. He said the city turned down Walgreen's because they wanted to stand on the principal that the city wants this area to redevelop completely different than it is. He doesn't see the point of leading Gruber's along for a few years and then go in with eminent domain and force them out of their location at that point. He said Gruber's could make the decision to stay put or move out of that location and onto a larger parcel of land on their own. It would be a loss to the City of Maplewood if they moved out of the city. 44 Planning Commission Minutes of 07 -07 -03 Commissioner Dierich said she would rather have somebody pay into the city's tax base then have an empty space there. The city has been complaining about losing Walgreen's since losing the proposal. The city has to be somewhat accommodating to the long- standing businesses of Maplewood. She is not in favor of this variance. Gruber's is very clear that they are going to outgrow their space and eventually will have to move to a larger location. Commissioner Pearson said the fence is going to make a much cleaner look to the area. There are items that could go to the dump, which would then clean the area up even more. He would favor continuing the fence to the east and head south with the two gates proposed and paint a two - tone paint color to improve the appearance of the metal fence. Commissioner Desai said he is all for the Hillcrest Redevelopment Plan. But at the same time he thinks of the example of Walgreen's. The City of St. Paul has betrayed Maplewood by allowing Walgreen's to build their building how they want when it doesn't meet the standards for the Hillcrest Redevelopment Plan. The moratorium will be lifted in October and that time will be here before we know it. Mr. Roberts said he disagrees with Commissioner Desai regarding the Walgreen's proposal. One of the objections to the proposal was the location of the parking in the front of the building and some to the rear. The new urbanism concept is to pull the buildings closer to the street and put the parking in the rear. To St. Paul's credit they did get Walgreen's to pull their building up to the street and they did get rid of the Pawn Shop. Commissioner Rossbach said if the commission stays with the plan in front of them he would vote no. If the applicant would agree to have this proposal tabled and come back with a revised plan that reflects the changes they agreed, then he would vote yes. Commissioner Pearson moved to table this until the next planning commission meeting to give staff time to work with Gruber's. They should come back with a plan of approval for the fence, screening and landscaping, and any painting to the fence that would accommodate this project. Mr. Roberts said by state law the city should take action by July 28, 2003. With the planning commission's request to table this, the city is not going to make that deadline. The option is to have Gruber's agree to a time extension. With a time extension, Gruber's would have to get plans together and meet with Junior Achievement and work out the details and bring back a revised plan that addresses some of the concerns. Or Gruber's can say no and remain with the time frame and take a chance by going to the city council with this plan. Mr. Gruber asked what the time extension is? Mr. Roberts said depending how quickly Gruber's can get a revised plan back to the staff determines how quickly the process works. Mr. Gruber clarified with the commission what needed to be changed on the plans before it could come back for review? 1. Overall sketch of the property with additional landscaping to the north and east side of the fence. 45 Planning Commission Minutes of 07 -07 -03 2. Junior Achievement agreed to remove five feet of asphalt so no five -foot variance is needed. 3. Paint the metal fence a two -tone color. 4. Fence shall be no higher than 10 -feet high so no variance would be needed. 5. Extend the parking lot lease agreement to one year with Junior Achievement. Mr. Roberts asked Mr. Gruber to discuss the changes with Mr. Greinert from Junior Achievement and decide if they are willing to table the proposal. Mr. Gruber agreed to the time extension and to table the proposal. He agreed to come back to the planning commission with revised plans. Mr. Greinert said both he and Gruber's are frustrated that this has taken nine months to get this far and now staff is saying it is going to take another 30 to 40 days for it to get reviewed again. Mr. Greinert said he does not feel the city staff has handled this situation very well and feels like the proposal has fallen through the cracks. Mr. Roberts said if the applicant brought revised plans back right away it would take at least 30 to 40 days before it could come back to the planning commission and then it goes to the city council who makes the final decision. He said staff and the planning commission are trying to make a positive recommendation to the city council rather than a negative recommendation. The reason for the delay is that there are typically 3 weeks in between the planning commission meeting and the city council meeting for minutes and materials to be updated for the city council meeting. Commissioner Pearson moved to table this proposal until the applicant can bring an updated plan back to the commission for review with the proposed changes listed by the planning commission. Commissioner Rossbach seconded. Ayes — Desai, Dierich, Fischer, Monahan - Junek, Mueller, Pearson, Rossbach, Trippler The motion to table carries. 0 Planning Commission Minutes of 09 -15 -03 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, SEPTEMBER 15, 2003 b. Gruber's Power Equipment (1762 White Bear Avenue) Mr. Roberts said representatives of Gruber's Power Equipment at 1762 White Bear Avenue are proposing to purchase .258 acres of land from the adjacent Junior Achievement property at 1800 White Bear Avenue. They would use this land to expand Gruber's exterior storage area. Gruber's also wants to construct a 10 -foot high metal fence to screen the expanded storage area. Mr. Roberts said on July 7, 2003, the planning commission tabled Gruber's and Junior Achievement's requests in order to allow Gruber's and Junior Achievement time to modify their plans to order to address the following concerns: 1) fence height not to exceed 10 feet to alleviate the need for a fence height variance; 2) extension of the parking lot lease agreement with Junior Achievement to one year; 3) painting the metal fence a two -tone color; and 4) the removal of 5 feet of Junior Achievement's parking lot to alleviate the need for a parking lot setback variance. Commissioner Dierich asked if the commission approves the outside storage is it just the outside storage that gets the CUP or does the whole lot get the CUP? Is the CUP reviewed annually or is there a set time? Mr. Roberts said a CUP is applied to the entire property for a specific use. The typical review time is after one year but that time frame could be shorter and could be longer. Commissioner Dierich asked if the city has ever denied a CUP? Mr. Roberts said yes only on an initial application. Commissioner Trippler asked on page 5, in the paragraph on exterior storage it states that it is clear that it would change the planned character of the proposed Hillcrest Village Redevelopment Area. Commissioner Trippler said it was not clear to him and he asked staff to clarify that. Mr. Roberts said to him it means based on the way the zoning ordinance is coming together and based on the Hillcrest Redevelopment Plan, the elements of the zoning code as proposed as an overlay district would not allow outdoor storage and that is part of the planned character of the new zoning code if it is adopted by the city council. Hopefully, that will be in place November 1, 2003. If that were the case, expanding an outdoor storage area would not be consistent with that plan and character. Commissioner Trippler said if the ordinance were to pass then there would not be any outdoor exterior storage of any kind? Mr. Roberts said that was his understanding. Chairperson Fischer said what about the outdoor storage at the Super America gas station where they store and sell outdoor charcoal, salt pellets and windshield fluid? 47 Planning Commission Minutes of 09 -15 -03 Mr. Roberts said the city would have to determine how much outdoor storage that exists already would be grandfathered in. Commissioner Trippler asked Mr. Roberts to explain what the term human -scale meant on page 6, number 6 in the staff report? Mr. Roberts said human -scale means the fence at 10 -feet tall is too large and imposing. Human - scale means more friendly and at human sized level. Commissioner Pearson said when the HRA began reviewing this ordinance he asked what this kind of zoning would do to existing businesses in the area that wanted to expand or remodel. On page 21, in section 2.03 in the last line, it states "the city may issue building permits for the expansion or remodeling of existing structures ". He said if he had know that this would be so rigid and the city would take a chance of losing good functioning businesses he would've never supported it. He hopes this is something the city council does not make permanent. Mr. Roberts said section 2.03 is the language that is used for the moratorium, which is still in effect until the end of October 2003. It states Maplewood businesses can do interior remodeling but does not allow additions or expansions of space on the exterior. Commissioner Pearson said the paragraph says, "the city may issue building permits for the expansion or remodeling of existing structures." To him that means they should be able to expand outdoor storage. Mr. Roberts responded that means expansion of existing structures but when you are talking about outdoor storage then you are talking about zoning code issues, which do not fall under building code issues. Chairperson Fischer asked if that meant a fence was not a structure? Mr. Roberts said yes it is but Gruber's also wants to expand to the east and have a larger outdoor storage area then they currently have and that is one of the catches. The moratorium is temporary and it will end at the end of October. Commissioner Pearson asked if the city council is going to look at voting to make this permanent? Mr. Roberts said the city council will be looking at the new Hillcrest zoning code, which the planning commission will review again within the next month to make a recommendation to take to the city council. Whether or not to include outdoor storage and more types of business is the process the city has been going through for the last few months. The ordinance with all the uses, - setbacks, and densities, will be in one package to look at before going back to the city council. Commissioner Pearson said in his opinion this needs a lot of work. Planning Commission Minutes of 09 -15 -03 Commissioner Rossbach said regarding Gruber's, if you are going to plan on redeveloping and creating a different development scenario than what already exists then at some point you have to stop developing what is already there. So, the question is, when does the city stop allowing developing? Why should the city allow Gruber's requests, which involve several variances to the already existing ordinances? What is it that makes it so appealing to allow Gruber's to make these alterations and allow something that doesn't fit any of the other ordinances? Aren't the cities other ordinances important here? Commissioner Rossbach's opinion is the city has problems in other areas of the city. There hasn't been a rigid enough policy of how the city is going to guide development and now there is a hodge podge of buildings that just don't look appealing. Commissioner Rossbach said if the city is going to do a proper development they need to say these are the rules and then they need to stick with them. He believes the commission should at least know what the new rules are before the commission allows Gruber's to do anything. Let the new ordinance be fully developed so the commission knows what they are giving up if they allow Gruber's to build. Commissioner Pearson said his concern is that the commission would be looking at this new ordinance in such a straightjacketed manner that it would not be an accommodating use. Commissioner Desai said he understands the point Mr. Rossbach was trying to make that many of the zoning ordinances have not been defined yet but at the same time he looks at the need for the hardware store to exist in this community. They are doing a good business and the local community needs them. He asked how can the city work with Gruber's to make this work for everyone? He realizes there are variances but he wonders how can the city work with these variances along with Gruber's to get them in compliance with the variances to make everyone happy? It doesn't make sense to him to delay doing anything because of the moratorium and the Hillcrest Redevelopment Plan when the commission doesn't know if it would be 1 year, 5 years or 10 years before any redevelopment would begin. Commissioner Dierich said everyone that the city has had discussions with has said it will be a long long time down the road before the city would begin to look like the vision of the Hillcrest Redevelopment Plan. She said she wants the city to move in the direction of the redevelopment plan but the city has been told that density is going to prevent the city from moving in this direction. Her feeling is that Gruber's will have outgrown their location and will move by the time the Hillcrest Redevelopment Plan even begins. Commissioner Rossbach added that Gruber's has "already" outgrown their location and want to continue operating in a location they have outgrown and that is the problem. Gruber's wants the city to approve an expansion when maybe Gruber's should be looking for another location in the city to rebuild so they can expand their business the way they would like to. Commissioner Trippler said it doesn't seem that this is a huge investment for Gruber's that would tie Gruber's into "having" to stay put in order to recoup their investment due to the cost of the expansion. They have been a good neighbor and business to the city. Granting this request would make the eye sore of outdoor storage go away and make it look a lot better in the long run. If Gruber's grows anymore they will have to move someplace else. Maybe when Gruber's is ready to move the city will be ready to start the Hillcrest Redevelopment Plan even though that could be over ten years down the road. He really doesn't like to grant variances but in this case it could be a good thing. The city allowed Super America to rebuild when the city knew that area would be redeveloped. 49 Planning Commission Minutes of 09 -15 -03 Commissioner Monahan -Junek agrees with the Hillcrest Redevelopment Plan and she doesn't see a timeframe on the horizon, therefore, she has a hard time turning Gruber's away for two variances. She doesn't think Gruber's is requesting too much. This is long term and Gruber's may outgrow their location and find a new location within the community. Commissioner Rossbach said a lot of the redevelopment that will happen in the area will be due to attrition and businesses will outgrow their site which will make land available that can be used as part of the redevelopment plan. He said commission members say they don't see a time line on the horizon but he thinks the time line is now. This is the beginning of the process and this is a business that is outgrowing their site. Chairperson Fischer asked the applicant to come forward and address the commission. Mr. Matt Gruber, Gruber's Power Equipment, 1762 White Bear Avenue, Maplewood, addressed the commission. He said for some reason the lease is still a problem in the staff report and he wondered why. At the last meeting staff said they wanted to see a longer lease between Grubers and Junior Achievement such as a year. Mr. Roberts said he thinks the problem is that the lease is still temporary. If Junior Achievement were to sell the property and the new owner wanted their land back, then Gruber's would run into a problem. Mr. Gruber asked why a four or five -year lease wasn't required compared to the one -year lease they already worked out? Mr. Roberts said it is a situation of should have, would have, and could have. If Gruber's had more property to expand they would not have to be leasing space from Junior Achievement. Mr. Roberts said a one -year lease is better than a month -to -month lease but staff still has concerns about problems in the future. Commissioner Monahan -Junek said she understood Mr. Gruber met with Ms. Finwall. She asked if he had a clear understanding that Gruber's is part of the redevelopment area and depending on what happens financially in a year or ten years Gruber's could've made this investment and it may not be long term and may end up relocating? Mr. Gruber said yes they understand that. But at the same time the city does not know the exact time line. It has been suggested that they have outgrown their location, which they agree with. However, it is easier and more affordable for them to stay where they are compared to buying another lot and rebuilding. He said he does not understand why their business is whited out on- the Hillcrest Redevelopment Plan and there is no zoning ordinance for their property. Commissioner Trippler said the only variance that seems to be problematic is the five -foot parking lot setback. Commissioner Trippler asked why Gruber's was unable to reach an agreement with Junior Achievement regarding the parking lot setback? Mr. Gruber said an agreement was made. If that's what it would take to get this approved they would remove the five feet of asphalt and move it north to the five feet requested. He asked by law are they required to remove the asphalt? 50 Planning Commission Minutes of 09 -15 -03 Commissioner Trippler asked if the commission were to not grant this variance then the setback would have to be there on the north side? Mr. Roberts said correct. Commissioner Desai asked if Gruber's agreed with the drainage and grading issues in the staff report? Mr. Gruber said yes. Commissioner Pearson asked staff if there were any problems currently with the drainage and grading on the site? Mr. Roberts said he did not believe there was but Mr. Gruber could answer that. Mr. Gruber said no, there are currently no drainage or grading problems on the site. Chairperson Fischer asked if anybody else wanted to speak on this proposal to come forward and address the commission. Mr. Scott Carver, representing Junior Achievement at 1800 White Bear Avenue, Maplewood, addressed the commission on behalf of Gruber's Power Equipment. He only sees one variance that Gruber's and Junior Achievement is requesting, which is the parking lot setback. He said when they were here two months ago they asked the commission and staff what length of lease they would like to see and were told a one -year lease and that is what they put in place. As virtue of the lease he does not feel the setback is necessary because it causes an indirect drainage flow to the existing drains and causes Gruber's customers to have to walk another five feet. The city is moving the recommended parking further from the Gruber's building. He does not see that the variance is that big of a deal. If both parties are willing to do what it takes. He is disappointed that Ms. Finwall was not present at the past meeting and is not present tonight. Mr. Roberts came out to the site and met with representatives from Gruber's and Junior Achievement. To his knowledge Ms. Finwall has never come to the site. Ms. Finwall references in the report the difficulty of lowering a'10- foot -10 -inch fence to 10 feet high. To lower the fence is basically a matter of unscrewing the metal panels, lowering them 10 inches and screwing the metal panels back on. He is frustrated that this has taken 14 months to get this done. He said both parties waited two months in the hope that they would get a different opinion from staff. Mr. Carver said they made the adjustments that were requested and the staff report has not changed from the previous report. Nothing in the staff report addresses the benefit of making - these changes. One benefit is that by expanding the lot you have moved the semi trucks off of White Bear Avenue from loading and unloading the supply. A second benefit is that it cleans up the front of the building and the look of the neighborhood. They are trying to put a 1/4 of an acre back on the tax role and he didn't think it would be this hard to do. Both Junior Achievement and Gruber's met with Ms. Finwall and she led them to believe that the time line before the Hillcrest Redevelopment Plan begins from a staff prospective was one -to -three years. Mr. Carver said when he looked on the map he noticed the Junior Achievement building didn't exist and where their building is currently there was a road through the middle of the parking lot. 51 Planning Commission Minutes of 09 -15 -03 Mr. Carver said Junior Achievement looked for 18 months for a building to move from Edina to Maplewood and he is not inclined to move out in the next 6 months. He said the only way to get more parking is to put parking behind the building and Junior Achievement or Super America own the property around it. Mr. Carver said that would require a driveway to be put in past the building to get to the parking lot and that would only leaves space for a 20 -foot wide building so he doesn't know how that fits in with the vision of Hillcrest. Mr. Carver said Junior Achievement was not notified that Super America would be building an outbuilding behind their building and he thinks it looks like an outhouse. Junior Achievement has been trying to be a good neighbor and they don't seem to be getting anywhere. The city keeps talking about parking being an issue. He asked why it wasn't it an issue that the medical building across North St. Paul Road has patients parking in the Junior Achievement parking lot because they don't have enough of their own parking and the employees from the doctors office park in the video store parking lot. He realizes Gruber's is asking for a variance and that is why parking is an issue now. Commissioner Rossbach asked Mr. Carver how would he suggest fixing the parking problem that the other businesses have due to lack of parking space? Mr. Carver said he didn't know the answer. Commissioner Rossbach said redeveloping the area may fix the problem of lack of parking. Mr. Carver said there is probably a good chance that redeveloping the area would fix the parking problems. Having just moved into the area he does not want to look at property that is not being maintained. One of the reasons Junior Achievement stepped forward was to improve the look and appearance of the Gruber's site. He wondered how the city sees a golf dome fitting in with the vision of the redevelopment plan. Commissioner Pearson said staff said leasing verses owning the parking lot space from Junior Achievement is really a catch 22. If Gruber's bought the property from Junior Achievement it probably wouldn't be compatible because it does not fit in with the spirit and intent of the property. Gruber's could spend a lot of money purchasing the additional property so they wouldn't need a lease and Gruber's could still be denied. Commission member Trippler moved to approve deny the land use requests by Gruber's Power Equipment at 1762 White Bear Avenue and Junior Achievement at 1800 White Bear Avenue as follows: minor subdivision, Hillcrest Village moratorium variance, 5 -foot parking lot setback variance, and conditional use permit for the expansion of exterior storage. The city is approving denyirfg-these land use requests because: (changes to the motion are underlined and deletions are stricken) 1. The city council has formally supported the Metropolitan Council's proposed Hillcrest Village Redevelopment Plan. This plan is based on smart growth principles, which help create livable neighborhoods where homes, jobs and services are linked by walkable streets. Gruber's Power Equipment is located in the Hillcrest Village Redevelopment Plan. 2. An objective of the Hillcrest Village Redevelopment Plan is to help guide changes within the area in order to create a village center with an active street life that mixes shops, workplaces, housing, recreation and civic uses, and avoids commercial uses that are not residential friendly, such as exterior storage. 52 Planning Commission Minutes of 09 -15 -03 3. There are no unique hardships or circumstances that warrant approving the 5 -foot parking lot setback variance. Commissioner Rossbach asked to have the questions divided individually. Commissioners agreed to vote on each recommendation individually. Commissioner Trippler moved to approve the minor subdivision Commission member Pearson seconded. Ayes — Desai, Dierich, Fischer, Monahan - Junek, Pearson, Rossbach, Trippler The motion passed. Commissioner Trippler moved to approve the Hillcrest Village moratorium variance. Commissioner Pearson seconded. Ayes - Desai, Dierich, Fischer, Monahan - Junek, Pearson, Trippler Nay — Rossbach The motion passed. Commissioner Trippler moved to approve the Conditional Use Permit for the expansion of exterior storage. Commissioner Pearson seconded. Ayes - Desai, Dierich, Fischer, Monahan - Junek, Pearson, Rossbach, Trippler The motion passed. Commissioner Rossbach moved to deny the 5 -foot parking lot setback variance Commissioner Monahan -Junek seconded. Ayes — Monahan - Junek, Rossbach, Trippler Nays— Desai, Dierich, Fischer, Pearson The motion failed. Commissioner Pearson moved to approve the 5 -foot parking lot setback variance Commissioner Desai seconded. Ayes — Desai, Dierich, Fischer, Pearson Nays — Monahan - Junek, Rossbach, Trippler The motion passed. This item goes to the city council on October 13, 2003. 53 Agenda #H4 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Swimming Pool Fence Ordinance Amendment DATE: September 17, 2003 INTRODUCTION Request Staff is proposing that the city council amend the requirements for fencing around swimming pools to accept alternatives to fencing. The current ordinance requires that a swimming pool be surrounded by a four - foot -tall fence to prevent small children from accessing the pool without supervision. If the fence is closer than four feet to the edge of the water, this fence must be at least six feet tall. Code allows a four - foot -tall fence around the yard to suffice for the pool fence. Reasons for this Request There are several problems with the current ordinance 1. The ordinance does not differentiate as to what size of pool must be fenced. A six -foot diameter child's inflatable pool and hot tubs, for example, would have to be fenced just the same as a large in- ground pool. An above - ground pool with sidewalls of four feet or more must be fenced unless the sidewalls are raised to six feet tall. This is because of the requirement that fences, or in this case the pools walls, closer than four feet to the water's edge must be six feet tall. This has often caused confusion for pool installers when it would seem that the four - foot -tall pool walls would adequately serve as a proper barrier. The confusion stems from a sentence in the code stating that, "the walls of an above - ground pool may substitute for a fence, provided that the pool has a closeable gate." That statement leads one to believe that an additional fence is not needed. 3. There are now alternatives to fences that are accepted methods for protecting small children from entering a pool unsupervised. One method is a lockable cover. Many hot tubs, above - ground and in- ground pools have covers available from the manufacturer. Appendix G of the IRC (International Residential Code) lists covers as an acceptable alternative. DISCUSSION Fence - Requirement Changes The three main changes staff is suggesting are: 1) that the fence height minimum be set at four feet, 2) that homeowners have the option to utilize a secure cover if they choose and 3) that the council set a minimum size for which pools must be fenced. Four -Foot Fences The intent of the fence requirement is to prevent a small child from accidentally falling into a swimming pool and to discourage any unauthorized use. A four - foot -tall fence around the pool or yard would accomplish this. Maplewood's requirement of six feet is excessive and unnecessary. Furthermore, seven out of ten area cities that we surveyed required a minimum fence height of four feet for swimming pools. This appears to be the typical requirement. These cities were: Bloomington, Eagan, Maple Grove, St. Louis Park, Stillwater, Woodbury and Richfield. Three cities, Minnetonka, Roseville and Plymouth, required five -foot tall fences. Pool Covers A homeowner should have the availability to use a secure cover if they choose. Such a cover, however, should meet the criteria of an accepted and accredited testing method such as that of the American Standards Testing Method or an equivalent standards test. With covers, though, staff feels that they should be allowed only if there are other circumstances warranting their use. For example, a yard may already be fenced with a three - foot -tall fence. In this example, the fence would not meet the requirement for a four - foot -tall pool fence, but along with the cover, would offer a sufficient deterrent to a small child. Another example may be if terrain and tree /shrub growth provides barriers. A third example is if the pool site is so remote that there are no neighbors in the vicinity. These examples are to illustrate that there may be extenuating circumstances that justify waiving the requirement for a four - foot -tall fence based on individual circumstances. Pool Size Presently, the ordinance requires fences around all man -made pools. This includes hot tubs, all forms of small wading pools such as an inflatable child's pool and, technically, plastic pond liners used for artificial ponds in yards. Most of the cities we surveyed defined a pool that would need to be fenced as one over a specific depth and over a specific surface area. The most frequently applied minimum water depth was 24 inches. The most frequently applied minimum water surface area was 150 square feet. The breakdown was as follows: Citv Minimum Water Depth Bloomington 24 inches Minnetonka 24 inches Eagan 24 inches Richfield 24 inches Stillwater 24 inches Woodbury 18 inches St. Louis Park 24 inches Maple Grove 18 inches Plymouth none Roseville none Minimum Water Surface Area 75 square feet 75 square feet 150 square feet 150 square feet 150 square feet 150 square feet 250 square feet none none none Staff recommends a minimum pool depth of 24 inches and 150 square feet of pool - surface area as the minimums that would require a pool to be fenced or covered by a secured, protected covering. The proposed code would state that if a pool is deeper than 24 inches or greater than 150 square feet in area, it must then be fenced or covered. As an example, a round pool with 150 square feet of area is one that is 14 feet in diameter. Apartment and Town House Pools This ordinance amendment deals with pools for single and double dwellings. Pools for other uses such as apartments, town houses, schools and hotels are regulated by state requirements. :jW_11 M IMIR19[a]ki Ie[a3111[a]ki I September 15, 2003: The planning commission recommended approval with the following comments: Do not include landscaping ponds as a "pool" that must be fenced. Clarify that these requirements are for outdoor pools. Require a pool fence even if there is a pool cover to be used. Staff concurs with the planning commission's views on keeping the pool -fence requirement for the most part. We do feel, though, that there are circumstances that warrant flexibility and alternative methods of securing a swimming pool as stated above. RECOMMENDATION Adopt the swimming pool fence ordinance amendment on page 4. P:com_dvmt \ord \swimming pool ordinance.2 Attachment: Swimming Pool Ordinance Amendment ORDINANCE NO. AN ORDINANCE AMENDING THE FENCING REQUIREMENTS FOR SWIMMING POOLS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 12 -498 (additions are underlined and deletions are crossed out): Yrefinition: For the purpose of this chapter, the term "swimming pool" shall mean any water for swimming, diving, or recreational bathing used in connection with a single or double dwelling having the depth of more than 24 inches at any point or a surface area exceeding 150 square feet. Section 2. This amendment changes Section 12- 502(8) (additions are underlined and deletions are crossed out): All pools shall be surrounded with a nonclimbable or chain link fence of at least four (4) feet in height. This f........ s t - h e se tt 6 k at least f0uF (4) f f Fem th , , SuF 6 u nless the re fence is at least sox (6) foot On he W The walls of an above - ground pool may substitute for a fence, provided the pool walls are at least four feet in height and that the pool has -a is equipped with a means to prevent access by a removable or retractable ladder, by a self - closing and self - latching closeable gate or other means A fence surrounding a yard may also be used to meet this requirement subject to these pate requirements. An acceptable alternative to a four - foot -tall fence is a pool cover that meets the criteria of accepted and accredited testing methods such as that of the American Standards Testing Method or an equivalent standards test. To approve the use of a pool cover, in lieu of the required fence, the city staff must take into account other factors that would warrant waiving the fence requirement. These factors are things such as, but not limited to, the proximity to neighbors, existing yard fencing, topography and tree /shrub growth. Appeals of a staff determination shall be reviewed by the city council for a final decision. Section 3. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on 2003. Attest: Mayor City Clerk AGENDA REPORT To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 10/8/2003 Re: Chemical Agent Detectors BACKGROUND Agenda No. 1 -1 In 2002, the Federal government provided funds to the State of Minnesota for use in the area of weapons of mass destruction. The portion of the money that the State did not use for their own programs was then handed down to the counties. All of the cities within Ramsey County met bimonthly to discuss what the needs were by city based on the amount of funds available. The 2002 funds have now been made available to the cities for the purchase of the agreed upon items. Police and fire requested a chemical agent detector. This tool is necessary as a first -line defense that detects chemical warfare agents. This unit is a field type tool that will provide us with instant detection to dangerous chemicals. Through the grant program with Ramsey County, we were allotted two (2) of these detectors. Each detectors costs $8,453 plus tax of $54.94, for a total cost of $17,015.88. The Ramsey County grant will cover $13,142.79, leaving a balance of $3,873.09 to come from the Fire Department budget. RECOMMENDATION At this time, the ABATIX chemical agent detector is the only one on the market that meets our needs and requirements. Therefore, I am requesting the City Council to award this bid in the amount of $17,015.88 to ABATIX. AGENDA REPORT To: Melinda Coleman, Asst. City Manager From: Paul Schlingman, Chief Building En Subject: Approval of bid for carpet replacement at City Hall Date: 10/10/2003 Introduction Council approved the replacement of the carpet for City Hall. Monies were allocated . to pp re p the general fund for this year. On Friday, October 10, 2003 at 2:00 pm bids were opened and read aloud in the council chambers. Two bids were received. St. Paul Linoleum and Carpet Co. bid amount was $ 69,754.00. Dayton's Commercial bid amount was $ 88.633.00. Recommendation: It is recommended that the City Council approve the bid amount of 69,754.00 dollars from St. Paul linoleum and Carpet Co. Authorize Finance. Director Dan Faust to transfer funds from Capitol Outlay to Building Maintenance repair and maintenance. PAS AGENDA ITEM K -1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: White Bear Avenue Improvements ( Radatz to Buerkle), City Project 02 -21: Review Improvement Plan DATE: October 6. 2003 Introduction Ramsey County and Maplewood staff have jointly studied the necessary improvements to White Bear Avenue between Radatz Avenue in Maplewood and Buerkle Road in White Bear Lake. A review of the current planned improvements, phasing plan and financing approach is planned for this agenda item. Background The 2001 Mall Area Transportation Study identified the White Bear Avenue corridor between Radatz Avenue and Buerkle Road as the most congested and most critical segment of roadway in the Maplewood Mall area. Specifically, improvements at the 1 -694 interchange and at the County Road D intersection were of the highest priority. Ramsey County and Maplewood executed a joint powers agreement to conduct a corridor study to identify and scope the improvements needed in the area. A draft of that report is complete and will be reviewed at this meeting. Traffic volumes were studied within the corridor. It was found that volumes on White Bear Avenue at the 1 -694 intersection are currently at 41,500 vehicles per day. This far exceeds the projections for traffic on this roadway by nearly a factor of two. Normally, a four -lane roadway (two in each direction) is at capacity when traffic volumes are near 30,000 vehicles per day. This capacity deficiency helps explain why the current average speed on the roadway is 8.6 miles per hour. A 2% rate of growth of traffic in the area is planned for the next 20 years, which will only further compound congestion unless improvements are implemented. Without improvements, the currently unacceptable corridor delays are expected to nearly double by 2010. Two major improvements are needed for this corridor. A major infrastructure improvement to widen White Bear Avenue to a six -lane divided facility with turn lanes is recommended. Ramsey County and Maplewood have submitted a request for federal funding of this $6.4 million project. If successful in receiving the federal monies, construction of this project is expected to begin in 2007. The second major improvement planned is a new interchange at 1 -694 and White Bear Avenue. The study found that there is not adequate room for an expansion of the roadway to a six -lane facility with turn lanes and that the interchange needs upgrading. A couple of options for this replacement have been identified that range from $12.0 -$15.0 million depending on right of way and design issues. Proposed funding is through a Ramsey County transportation- bonding program with construction beginning as early as 2005 or 2006. Further discussions and study are needed prior to planning for each of these improvements. Recommendation No action is necessary on this item. Attachment: 2 Study Area Maps Project Limits Map for White Bear Avenue Improvements r£ a x i u n 0 C Y 0 i y a { PROJECT LOCATION MAP G'ty ofMaple-o d, M,,nesota Depa+P rof.Rib& WHITE BEAR AVENUE Eugr —l—I. D- I LMPROVEMENT PROJECT FIGURE I O Qt d 4 � 3 % VI 11 / s7w Aft MAPLEWt7 I,I a { PROJECT LOCATION MAP G'ty ofMaple-o d, M,,nesota Depa+P rof.Rib& WHITE BEAR AVENUE Eugr —l—I. D- I LMPROVEMENT PROJECT FIGURE I SE w ins Sol c J d •_ y roe *�Pr , s" } r . a I V _ City of Maplewood, Minnesota Depa+'t+ t ofFunbc Works Engineering D+'vfsian I L. GooC�Op � DC 9 �h.Aan� PROJECT LIMITS WHITE BEAR AVENUE MPROVEMENT PROJECT FIGURE 4 AGENDA ITEM K -2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Century Avenue Improvements ( Brookview to Linwood), City Project 03 -15: Review Improvement Plan DATE: October 6, 2003 Introduction Ramsey County and Maplewood staff, in cooperation with Washington County, Woodbury and MnDOT, have been jointly studying the necessary improvements to Century Avenue between Brookview Drive and Linwood Avenue. A review of the current planned improvements, phasing plan and financing approach is planned for this agenda item. Background In October 2002, the Minnesota Department of Transportation turned Trunk Highway 120 between 1 -94 and 1 -494 back to Washington and Ramsey County. This roadway, more commonly referred to as Century Avenue in Ramsey County and Valley Creek Road in Washington County, is in need of upgrading. A condition of the turned back roadway is funding of a roadway upgrade to acceptable conditions. The Counties and MnDOT, along with representatives from the cities of Maplewood and Woodbury, have been studying a number of design alternatives. Major improvements are needed for this corridor. The current roadway is a two -lane facility with turn lanes at various locations. There are no provisions for pedestrians. Right of way is limited on the Ramsey County side of the roadway, although impact may be greater on the Washington County side of the roadway due to the residential nature of the area. Access and driveways are unrestricted in the corridor and create problems with turning movements. An engineering analysis has developed a concept of a four -lane divided facility with turn lanes. A major power line exists on the west side of the roadway that will need to be accommodated. This power line will create major problems with roadway location and a proposed trail. Issues for discussion are: • Trail needs. Should it be on both sides of the roadway? What about south of Lower Afton? • Access restrictions. Should driveways be consolidated into right in —right out only? • How should the expanded roadway be financed? • Should the median be opened for access points? • What is the city's priority for upgrade of this segment? • What are the environmental impacts of the improvements and how can they be mitigated? A presentation and discussion of the current project plans is proposed for this item. Recommendation No action is necessary on this item. RCA AGENDA ITEM K -3 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: TH 61 Improvements at County Road D, City Project 03 -07: Resolution Approving Grant Request to MnDOT DATE: October 6, 2003 Introduction The improvement /realignment of County Road D between TH 61 and Hazelwood Street requires improvements to TH 61. A grant request to the MnDOT Municipal Agreement Program is a source of funding for the project. Approval of a resolution approving the grant request is required. Background The city council approved the realignment of County Road D east of TH 61 on September 8, 2003. That project includes improvements to TH 61 at the intersection point. MnDOT has an annual program, called the Municipal Agreement Program, that provides local government funds for the construction of these types of improvements. Approval of the grant request is recommended. A final copy of the grant request is being prepared and will be presented at the meeting Recommendation It is recommended that the city council approve the attached resolution approving the submittal of a Municipal Agreement Request to MnDOT for the TH 61 Improvements at County Road D, City Project 03 -07. RCA Attachment: Resolution RESOLUTION APPROVING MUNICIPAL AGREEMENT GRANT REQUEST TO MNDOT WHEREAS, it is proposed to realign County Road D, east of Trunk Highway 61, requiring improvements to Trunk Highway 61, City Project 03 -07, and WHEREAS, the Minnesota Department of Transportation provides a program where funds are provided to local governments through the Municipal Agreement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Engineer is hereby authorized to approve a request to MnDOT for improvements to TH 61 at the realigned intersection with County Road D and is instructed to include the grant request into the project planning for said Trunk Highway 61, City Project 03 -07. AGENDA ITEM K -4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Schacht, Civil Engineer I SUBJECT: Springside Drive Extension, West of Sterling Street, City Project 03 -36: Resolution Receiving Request and Directing Preparation of Preliminary Report DATE: October 6, 2003 Introduction The city council will consider approving the attached resolution ordering the preparation of a feasibility study for the extension of Springside Drive, west of Sterling Street, construction of a temporary cul -de -sac, and extension of utilities to the cul -de -sac. Background John Poirier, owner of the property between 2401 and 2425 Linwood Avenue East (Pin 122822340006), would like to subdivide his 1.6 -acre property for the construction of four additional single - family parcels. He has submitted a petition letter requesting that the city engineer prepare a feasibility report to provide street and utility access to the property. Attached is a letter from John Poirier requesting the feasibility study. Because this request is essentially a development request, the work on the feasibility study would not begin until the city has received an escrow to cover preliminary engineering expenses. The escrow has been estimated not -to- exceed $4,000.00. Any unused portion would be returned to the petitioner or used for design fees if the project proceeds. Discussion Though this is a request from a particular property owner, if the project is eventually ordered, it is likely that it would include approximately two other benefiting properties, which would be impacted financially with assessments. This will be considered a council initiated project. Budget Impact Expenses for this project will be covered by the applicant and would only result in engineering revenue to the general fund. Recommendation Staff recommends that the city council accept the applicant's petition and approve the attached resolution receiving request and directing preparation of preliminary report. EMS attachments: Resolution Poirier Request Letter Location Map »Yil�Ij1[�l�l ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to extend Springside Drive, west of Sterling Street, construct a temporary cul -de -sac and extend utilities to the cul -de -sac, City Project 03 -36, 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 $4,000 are appropriated to prepare this feasibility report. Alto: Charles Ahl Director of Public WorWCity Engineer City of Maplewood 1830 County Rd B E. Maplewood, MN 55102 CC: Chris Caveat Lksr Mr Ahl, 1 am the property owner of apiece of land located on Lynwood Ave, i am requesting that a feasibility test be doew on proposed extension of Springside Drive, i have sketch on the following page of this proposal request. Please call with any questions or coneems. Ph# 612- 414.8528 Sincerr ohn Painer�� F9x> (pSJ- av9- ayCy Cg of Maplewood �tvl 652 2428 2438 2448 2458 2468 2478 672 662 2447 2457 NiONNOMPINN.�2 MR � �A= 2437 1 2446 1 1456/ 2466 2401 2425 2445 2 2453 L2461 -- - - - - - - - - itlr- AGENDA ITEM K -5 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Kennard Street Improvements (Beam to Cty Rd D), City Project 03 -04: Resolution Receiving Petition for Parking Bay Improvements, Approving Change Order and Approving No Parking Restrictions DATE: October 6, 2003 Introduction The developer of the Heritage Square townhome site within the Legacy Village of Maplewood development has requested on- street parking bays be constructed on Kennard Street. The property owner has petitioned the improvement and has agreed to be assessed the cost. Approval of a resolution authorizing the project is recommended. Background An owner of property may petition the city for improvements. Attached is a petition that will be submitted for construction of parking bays on Kennard. Kennard is currently under construction and changes need to be approved at this meeting if they are to be implemented into the construction process. The developer /land owner will pay 100% of the cost of the proposed improvement and has waived the public hearing process. Final costs for the improvement are being negotiated with the contractor. The on- street parking issue was discussed with the Planning Commission on October 6` Attached is a copy of the planner's staff report to the Planning Commission recommending implementation of the on street parking as an amenity to the development. Consideration of the overall development of Heritage Square will occur on October 20 at the Planning Commission and November 10` for the City Council. Awaiting final development approval is not possible due to the on -going construction of Kennard Street. Approval of the attached resolution is required of the city council to implement the parking bays into the Kennard Street project. The waiver and petition will be signed by the property owner to protect the city. Recommendation It is recommended that the city council adopt the attached resolution that receives the petition for parking bays from 100% of the property owners along Kennard Street and declares the petition valid; approves the change order financing for the project and approves no parking restrictions along the remainder of the roadway. RCA Attachment: Resolution Petition for Improvement Assessment Agreement and Waiver Planning Commission Staff Report RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING IMPROVEMENT APPROVING CHANGE ORDER FINANCING APPROVING NO PARKING RESTRICTION KENNARD STREET IMPROVEMENT, PROJECT 03 -04 WHEREAS, a certain petition requesting the improvement of parking bays along the western side of future Kennard Street, adjacent to future Outlot H of the Legacy Village of Maplewood plat, has been received from the current property owner consistent with and in conformity to Minn. Statute 429.035, and WHEREAS, said petition represents 100% of all property owners to be assessed for said improvement, and WHEREAS, said property owner has signed a waiver of irregularity and appeal, and WHEREAS, the City Engineer has presented change order financing for the improvement of said parking bays in the amount of $ , and WHEREAS, the City of Maplewood has approved the plans for the construction of Kennard Street from Beam Avenue to County Road D. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138 - 142 -01) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that 1. Said petition is hereby declared to be signed by 100% of the property owners and is hereby declared to be sufficient. 2. Said petition and waiver shall be sufficient to hereby waive the need for a public hearing on said improvement. 3. Such improvement of parking bays as petitioned is hereby found to be necessary, cost - effective and feasible and is ordered to be constructed as petitioned. 4. The City Engineer is designated as the engineerforthis improvement and is hereby instructed to add said improvement of parking bays to the existing contract for City Project 03 -04, Kennard Street Improvements. 5. Change Order No. 1 in the amount of $ is hereby approved for City Project 03 -04 for construction of said parking bays. 6. The City of Maplewood shall ban the parking of motor vehicles on both the east and the west side of Kennard Street from Beam Avenue to County Road D, except where parking bays are provided on the southbound parkway (west lane) and the total lane width is 26'. October 6, 2003 City Council City of Maplewood 1830 County Road B East Maplewood, MN 55109 Re: Kennard Street Contract Adjustment for On- Street Parking at Legacy Village We, all owners of real property abutting on the future Kennard Street between the southern right of way line of County Road D and the southern boundary of the existing parcel of land, which is the south line of the north '/2 of the NE '/ of Section 3, Township 29, Range 22, further defined as Outlot H on the proposed Legacy Village of Maplewood plat, hereby petition that such future street be improved by the addition of parking bays along the western drive lanes pursuant to Minnesota Statutes, Chapter 429, and that the City assess the entire cost of the improvement against our property described above and hereby agree to pay the entire cost as apportioned by the City. In keeping with the nature of the Planned Unit Development for Legacy Village, it was brought to our attention that a design change to the initial contract for Kennard Street is necessary. This change adds on- street parking stalls to the west side of Kennard Street along the townhome portion of the approved concept plan, adding to the streetscape and intended use of the property. It is our understanding that this change will increase the total project cost by as much as $70,000 for the additional improvements, which will be assessed accordingly and passed on with future development. Please continue with this change, as indicated, and contact Hartford Group, or us, if there are additional changes. Sincerely, Land Owners Agreement of Assessment and Waiver of Irregularity and Appeal THIS AGREEMENT, made this 13` day of October, 2003, between the City of Maplewood, State of Minnesota, hereinafter referred to as the CITY and the Hajicek Family Trust of Ramsey County, State of Minnesota, hereinafter referred to as OWNER. In consideration of the action of the City Council, at the owner's request, to cause the construction of parking bays along the townhome portion of the proposed Legacy Village of Maplewood on the western side of proposed Kennard Street and to assess 100% of the cost up to $70,000 to the owner, owner agrees to pay said amount as may be determined by the Council of the City of Maplewood to be a fair apportionment of the costs of said improvement not to exceed $70,000. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with rights to appeal in the courts. In testimony, whereof, has hereunto set his hand, the day and year first above written. t9431 R1c7s1. hat' TO: Maplewood Planning Commission FROM: Phil Carlson, AICP, Dahlgren, Shardlow, and Uban, Inc., Planning Consultant SUBJECT: Kennard Street On-Street Parking, Heritage Square, Legacy Village PUD LOCATION: (Future) Kennard Street, Legacy Village PUD, Hijacek Property DATE: October 6, 20D3 INTRODUCTION The recently approved Legacy Village PUD includes the extension of Kennard Street as a north- south collector street through the Hijacek property, from County Road D south. Construction on the roadway is to begin within a matter of days. The first phases of Legacy Village — the rental townhouses and the Senior Assisted Living building —will start construction soon and will rely on Kennard. The next phase of Legacy Village — the for -sale townhome site — will come before the Planning Commission on October 20. That parcel is being developed by Town and Country Homes, to be called Heritage Square. On- street parallel parking is proposed on the west side of Kennard Street in front of these proposed townhouses. City staff wanted the Commission to be aware of this detail of the street project. PROJECT DESCRIPTION Kennard Street is designed as a parkway, with an 18- foot -wide landscaped median, two travel lanes, and an 8 -foot landscaped boulevard and 6-10O1-wide sidewalk on both sides. Town and Country has proposed 21 parallel parking spaces on the west side of Kennard in three separate 'bump- outs °. These spaces will serve the townhouses that will front on Kennard, although they would be in the public street and available for anyone to use. With this design the street will have a more traditional urban character, in keeping with the overall intent of Legacy Village. Visitors would be able to pads on the street in front of the front doors of the units rather than behind them, internally on the site. A similar on- street parking arrangement is proposed along the internal streets in Heritage Square (as the Commission will see on October 20). No parking is proposed on the east side of Kennard Street in front of the Senior Assisted Living building. Town and Country has discussed this parking arrangement with City Public Works, Engineering, and Planning staff and consultants. As planning consultant to the City, I am in favor of this parking because it creates more of the urban feel we are striving for in Legacy Village, it promotes traffic calming by providing parked cars on the street, and the extra space and parked cars provide a more secure feeling for pedestrians walking along a busy street. From a strict engineering and traffic point of view the Public Works and Engineering staff would prefer no on -street parking, but have said they do not object to this design being implemented if the Planning staff and developer see good reasons for incorporating parking into Kennard Street at this location. The developer will pay for the extra cost of the parking within the street project. If the project goes away, this parking would still be important for whatever use is put on the site. Town and Country will dedicate the additional 10 feet of right -of -way on the west side of Kennard Street needed for the parking. The additional right -of -way will allow for the parking bays and still keep the boulevard and sidewalk in the same place relative to the new curb line. PLANNING COMMISSION ACTION No action is required by the Planning Commission; this is only for your information. The City staff and consultants will bring it to the City Council on October 13 as a change order for the Kennard Street improvement project. VADNAIS HEIG LEGACY CWMI" RD. D couN1Y RDAC VILLAGE j G g a � PROPOSED HERITAGE SQ ARE �� 6 TOWNHOMESSTTE Rew o� t RA0.VL COUMT 1 A }...,,. m t G[INAS AK_' 3 GIW�1Ew AvE. �. R 14RING 6P. StY'RRFN AVE Ch+^RE A1E K le INR �. �a �p R6 c dA1C1UN', AK °' � 6 G � Y CO. P➢. � B � n�� LOCATION MAP 0 LEGACY VILLAGE AT MAPLEWOOD MAPLEWOOD, MINNESOTA a -NM LEGACY VILLAGE N� P-1 PROPOSED HERITAGE SQUARE TOWNHOMES SITE /1 - sale cuer. secnen fl .r ll .ea a t wQ . T. arse - j ��syx_� SRS #�PV, R`� I IERrrACE SQUARE � 3cr ArRY HOMES MERITACE SQUARE - - - --------- - j ��syx_� SRS #�PV, R`� TQWNHQMES SITE ®NdT89 sm�w a3ao-e e rm waircn n � ®9ITE PLAN NOSES e uR'iu°.aw.°° me.maw B®PARKIN.. SUMMARY ®AREA SUMMARY w W - I., U wa .PROJECT BUIWING STY1.69 AGENDA ITEM K -6 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Approve Sale of Excess City Land to University Auto Sales at Northeast Corner of TH 36/61 DATE: October 6, 2003 Introduction The city has excess land that has been available for sale for a number of years. University Auto Sales has proposed to purchase the property. Approval of the sale is recommended. Background The property at the northeast corner of TH 36 and TH 61 previously was a lift station for the city's sanitary sewer system. That lift station was removed a number of years ago and the land has been available for use by neighboring property owners. The property is 9,583 square feet in size and does not meet the minimum requirements as a buildable stand -alone parcel. University Auto Sales has expressed interest in purchasing the property in order to expand their business. A final appraisal of the property is not complete. It is anticipated that the sale will be less than $10,000. University Auto Sales would like to begin planning immediately. Approval of the sale is required by the city council. The sale is recommended. Recommendation It is recommended that the city council approve the sale of the excess property on the northeast corner of TH 61 and TH 36 to University Auto Sales at the final appraised value. This sale is referred to the City Engineer and City Attorney for final approval and minor adjustments are authorized to complete the sale. f09"T Attachment: Site Map Project Location 1145 E Hwy. 36 I 2416 f 1140 Project location n Exhibit 1 Project Location 1145 E Hwy. 36 I AGENDA ITEM K -7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chris Cavett, Assistant City Engineer SUBJECT: Maplewood Pavement Management Policy Assessment Rate Update for 2004 DATE: October 6. 2003 The Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project. Assessment rates were established to cover approximately 50 percent of the cost of improvements on the local streets and less on the State Aid (MSA) streets. The policy, established in 1999, calls for the assessment rate to be adjusted each year. As we will begin meeting shortly with next year's neighborhoods, these rates would be established for the 2004 construction season. From 2002 to 2003, the assessment rates were increased by 5 percent. The adjusted assessment rates for the 2004 construction season are proposed to be increased 2.5 percent from the 2003 rates for street reconstruction, storm drainage procedures and all other items. All rates shown are residential and have been rounded down to the nearest $10. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate /75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2002 2003 2004 1. Complete Street Reconstruction: $4000 $4200 $4300 2. Partial Reconstruction /Unit: $3000 $3150 $3220 3. Bituminous Surface Replacement /Unit: $2100 $2210 $2260 4. Mill & Overlay /Unit: $1500 $1580 $1610 Other Improvement Rates 5. Storm drainage /unit: $ 630 $ 660 $670 6. Cash connect charge - water: $ 2625 $ 2695 $2760 7. Water service w /new main construction: $ 1000 $ 1025 $1050 8. Water service w /tap to existing main: $ 1255 $ 1285 $1310 9. Cash connect charge - sewer: $ 2625 $ 2695 $2760 10. Sewer service w /new main construction $ 1000 $ 1025 $1050 11. Sewer service w /tap to existing main: $ 1875 $ 1925 $1970 Staff recommends that the city council approve the attached resolution adopting the 2004 assessment rates as outlined above and in the Maplewood Pavement Management Policy. CIVIC RESOLUTION ADOPTION OF THE 2004 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2004 construction season, WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2004 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate /75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2004 Complete Street Reconstruction: $4300 Partial Reconstruction /Unit: $3220 Bituminous Surface Replacement /Unit: $2260 Mill & Overlay /Unit: $1610 Other Improvement Rates 5. Storm drainage /unit: $670 6. Cash connect charge - water: $2760 7. Water service w /new main construction: $1050 8. Water service w /tap to existing main: $1310 9. Cash connect charge - sewer: $2760 10. Sewer service w /new main construction $1050 11. Sewer service w /tap to existing main: $1970 AGENDA NO. K8 AGENDA REPORT TO: City Manager FROM: Assistant City Manager /Community Development Director Public Works Director /City Engineer Finance Director RE: Contract for Purchase of Parcel Manager and Permits Software DATE: October 8, 2003 PROPOSAL It is proposed that the Council (1) approve a contract with Eden Systems, Inc. for the purchase and implementation of parcel manager and permits software and (2) authorize the appropriate budget changes totaling $79,880. BACKGROUND Since 2002 City staff has worked on creating a universal database that would allow employees in any department to locate, query and flag property in Maplewood. Currently, ArcReader software, a geobase information system (GIS), provides data that is used by all departments. However, the Public Works and Community Development departments have software and databases that supplements and /or duplicates data in the ArcReader software. It would save time and money if the two databases were replaced with an integrated database that is linked with the ArcReader software. During the past several months city staff has investigated software options that would replace the two databases. The best options, because of their uniqueness and capabilities, are the following: Eden Systems Permits & Inspections Module This software provides a complete solution for community development, building, engineering and public works. This module features integrated, email - enabled workflow and routing, as well as embedded mapping and GIS functionality. The embedded GIS and mapping functions allow you to see where permit activity is taking place directly on the parcel map. Complete integration with Financial modules provides financial processing and controls. The seamless integration between Permits & Inspections and Parcel Manager means that land use, owner and zoning information is instantly available during the permitting process. Eden Systems Parcel Manager Module This software maintains a comprehensive database of property information that serves as the foundation for all Eden Systems software modules. Parcel Manager tracks all important parcel and property attributes, stores information on buildings and businesses, centralizes address maintenance and integrates desktop mapping directly (GIS). This feature also reduces data entry and redundancy in other modules. Any electronic file, including scanned images such as deeds, easements and photographs, can be stored in this database and linked to the associated parcel record Currently, the F.I.T. and Human Relations departments utilize Eden Systems modules in their respective departments with a great deal of success. The F.I.T. Department has used different versions of Eden Systems software for over 20 years. The Community Development Department staff recommends the purchase of the Eden Systems parcel manager and permits software for the following reasons: 1. The Eden Systems will create a universal database for Planning, Building, Engineering and Public Works. 2. The Eden Systems software implementation will include conversion of information on old permits so that data will not lost. 3. The Eden Systems software has better tracking and flagging capability for permits than the current software. 4. The Eden Systems software will reduce the redundancy between departments. The Eden Systems database, including the mapping capability, will be beneficial for Community Development reports and labels. The Public Works Department staff recommends the purchase of the Eden Systems parcel manager and permits software because it will centralizes parcel data that all city departments can then access and utilize. (Currently, to get all available information on a particular parcel, you cannot go to one database within the city.) Also, it will provide a comprehensive data base of all important parcel and property attributes. This capability should enable the elimination of mountains of paper in the house files (and the house files themselves). The financing plan for the costs related to the purchase and implementation of the software is as follows: $28,940 Software license fees - I.T. Fund $23,240 Data conversion and implementation - I.T. Fund $27,700 Training costs - General Fund $79,880 Total cost The training costs that will be charged to the General Fund will be split 50/50 between the budgets for the Community Development and Public Works Department. There currently is a budget surplus available in the Building Inspections wage and benefit accounts due to vacancies in two positions during this year. RECOMMENDATION It is recommended that the Council (1) approve a contract with Eden Systems, Inc. for the purchase and implementation of parcel manager and permits software and (2) authorize the appropriate budget changes totaling $79,880. P\agn \pmpsoftware Agenda #K9 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Health Official SUBJECT: Patty Gearin — Removal of Hazardous Building LOCATION: 2575 Carver Avenue DATE: October 13, 2003 INTRODUCTION Minnesota Statute Sections 463.16 - 463.21 provides that a City may order a property owner to remove a hazardous condition or building on the property, or when the property owner fails to do so, the City may remove the condition or building itself. BACKGROUND On March 17, 2003, city staff inspected the property at 2575 Carver Avenue and found that effluent (untreated sewage) was being discharged on the property's surface. On May 5, 2003, a residential Indoor Air Quality Investigation was conducted by Airtech Environmental, Inc., a consulting firm retained by the city, at said address and found numerous concerns including, but not limited to, mold and mildew, a strong petroleum or fuel odor, warped and rotted exterior wood features and walls and ceilings inside the dwelling that need to be further investigated for mold and mildew and replaced. On August 9, 2003, a representative from the Ramsey County Housing Resource Center conducted an inspection at said address to determine if the dwelling would meet Housing Quality Standards as one of the eligibility requirements for a deferred loan program and found the dwelling not to be in compliance with program guidelines. The Scope of Work report was estimated at approximately $35,675. This figure did not include the cost of mold remediation, cost of new well or water treatment system, and the added cost of lead remediation. The Scope of Work is included on pages 3 -6. DISCUSSION If the City council decides to proceed with the Order, (refer to pages 7 & 8) the Order must be served on Ms. Gearin. The Order must recite the grounds on which it is being issued and the necessary repairs that must be made. The Order should provide a reasonable time for compliance and state that if the correction action is not taken, a motion for summary enforcement will be made in Ramsey County District Court. The contents of the Order must make clear what the hazardous conditions in the house are and how they can be corrected. Minnesota Courts have held that a municipality must specify precisely what the owner is expected to do in order to remove the hazardous conditions. Ms. Gearin may choose to either take corrective action or file an Answer to the Order. Second, the Order must be served personally upon Ms. Gearin. If she cannot be found, service is satisfied by posting the Order on the property's main entrance and publishing a notice for four weeks in the City's official newspaper. The City is also required to file a copy of the Order with I proof of service with the Ramsey County Court Administrator within not less than five days before filing a motion to enforce the Order. At the time of this filing, the City also will need to file for a Notice of Pendency of Proceeding with the Ramsey County Recorder, describing the land affected and the nature of the order. If the proceeding is abandoned, the City must file to that effect within ten days. Once the Order is served, Ms. Gearin has twenty days to file an Answer to the allegations. If the Answer is filed, the action is tried in District Court. If the Order is upheld by the Court at trial, the Court enters judgment and fixes a time for the hazardous condition to be destroyed or removed. If Ms. Gearin does not file an Answer within twenty days, the City may move the Court for an Enforcement Order. The Court may require evidence and affirm or modify the City's Order as it sees fit before entering judgment and fixing a time when the City can proceed with the Order. If the Court's Judgment is not compiled within the time prescribed, the City can enforce the Judgment to repair, raze or remove the hazardous condition. The costs to the City may be recovered through a lien against the property on which the house is located or a judgment against Ms. Gearin. The lien may be collected as a special assessment by the City in a single installment pursuant to the procedures set forth in Minnesota Statute Chapter 429 (which will require City Council approval unless Ms. Gearin agrees to sign a waiver). The City may also salvage and resell the materials on the property at a public auction by giving three days notice. RECOMMENDATION The statute does not require that an Order be approved by the City Council, however there have been cases showing that other cities have required that their councils approve their orders. Staff is recommending that the City Council approve the Resolution (refer to page 9) and the Order For Removal of the hazardous conditions at 2575 Carver Avenue. Attachments: I. Ramsey County Housing Resource Center Scope of Work 2. Order For Removal I Resolution F) Attachment 1 HousingResource Center NortlaM etro A Program of The Greater Metropolitan Housing Corporation — Twin Cities August 18, 2003 Ms. Patty Gearin 2575 Carver Avenue Maplewood, MN 55119 Dear Patty Gearin You recently applied for the Ramsey County Residential Rehabilitation Deferred Loan Program. After reviewing your application, the HousingResource Center — NorthMetro has determined that you do not meet the program eligibility as defined by the Ramsey County program guidelines per the following reason(s): One of the requirements of the program is to meet Housing Quality Standards and that immediately following the completion of the program the structure should be reasonably livable, safe and habitable. The estimated costs of the Scope of Work written by the HousingResource Center Construction Manager are estimated at $35,675.00. That did not include the cost of mold remediation, cost of new well or water treatment (homeowner stated water quality was bad), and the added expense of lead remediation. The maximum loan amount for the loan is $15,000, which would help with a minimal amount of home improvements, but it is doubtful the home will be livable once the $15,000 has been used to improve the property. Please call the HousingResource Center - NorthMetro at 651 - 486 -7401 if you have any questions or concerns regarding your application for the Ramsey County Residential Rehabilitation Deferred Loan Program. I am also returning your check (application fee) in the amount of $25.00. Sincerely, ���� �� Marie Malrick Program Coordinator Enclosure Scope of Work cc: DuWayne Konewko, Environmental Health Officer -City of Maplewood Mary Lou Egan, Ramsey Cty Community and Economic Development 'IC i(J h 7,I � ::'[J. AUG 1 9 2903 1 170 County Road I & Shoreview, Ml�I A► 55126 Phone: (65 1) 486 -7401 �& Fad: (65 1) 486 -7424 Estimated Scope of Work 2575 Carver Ave Page 1 Estimated Scope of Work 2575 Carver Ave Page 2 DIVISION 8 DOORS AND WINDOWS Entry Doors & Frames 08110 Remove & re lace door, j amb, thresh & trim main entry $500.00 Remove & replace door, jamb, thresh & trim rear ent $604.00 Remove & replace door, jamb, thresh & trim garage service door fire rated $550.00 Overhead Garage Doors 08360 Remove & replace garage door. Ensure ga bottom of door is eliminated $750.00 Basement Window Replacement 08605 Remove & re lace basement window $225.00 DIVISION 9 FINISHES Gypsum Board 09255 Repair cracks in kitchen & dining room $600.00 Remove panels on ceiling on upper level & replace with sheetrock that taped & finished $1,200.00 Remove & replace all sheetrock in bathroom $1,500.00 Ceramic Tile Repair 09315 Remove ceramic tile under wood stove in kitchen & re lace with fire retardant shield extendin ast stove to code $500.00 Resilient Sheet Floorin 09665 Remove & replace vinyl flooring in bathroom $350.00 Resilient Base 09675 Provide resilient base in bathroom $100.00 Carpet 09680 Remove carpet in main entry & replace with vinyl $350.00 Painting 09900 Paint ceilings in kitchen & dining room Paint ceilinq on upper level $300.00 $450.00 DIVISION 10 SPECIALTIES Estimated Scope of Work 2575 Carver Ave Page 2 Estimated Scope of Work 2575 Carver Ave Page 3 6 DIVISION 11 RESIDENTIAL APPLIANCES DIVISION 12 FURNISHINGS DIVISION 15 MECHANICAL Plumbing & Gas 15400 Bring septic s stem to code. homeowner noted that system was damaged & had collapsed causin it to back up into home Provide pipe at pressure relief valve water heater to $10,000.00 code Provide shutoffs to su —oly lines kitchen sink Provide tub surround tub in bathroom Remove & r --I --- faucet & drain assembl tub $125.00 $75.00 $450.00 in bathroom & provide shower sup ly & head $750.00 Ventilation 15800 Remove wood flooring base of upper stairs to reveal duct work & provide register cover $175.00 DIVISION 16 ELECTRICAL Power, Wiring & Devices 16100 Provide smoke detectors in main floor bedroom & upper & lower levels to code Provide GFCI rotected outlets in kitchen to code Provide outlet & switch covers in upper level where $650.00 $125.00 they are damaged / missing $50.00 Notes: There is no cost in this Estimate to deal with the mold remediation that is needed in this home Homeowner stated water quality was bad. There is no cost in this estimate to deal with new well or water treatment There is no cost in this estimate to deal with an LEAD remediation that ma be re uired ADDENDUM raraL r�a�aF t?uo ., ,r. Total re.Snapesof „Gltork rye sro A�► GF1 i heleb aCC fedr U bldtlrn MIII R,evaeiweal r'Ap�rroved Estimated Scope of Work 2575 Carver Ave Page 3 6 Attachment 2 ORDER FOR REMOVAL October 13,2003 City of Maplewood In the Matter of Hazardous Building Located at 2575 Carver Avenue, Maplewood, Minnesota, Parcel Number 24.18.22.12.0010, legally described as: EXCEPT THE S 220 FT; THAT PT OF THE S 400 FT OF THE W 1/2 — E '/a - NW '/4 - NE Y4 WHICH LIES W OF THE E 95 FT THEREOF AND THE W 141.95 FT OF E 236.95 FT OF S 220 FT OF THE W '/3 - E Yi - NW Y4 - NE Y4 (SUBJ TO AVE) ALL IN SEC 24 TN 28 RN 22 TO: Ms. Patty Gearin, Owner. 1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of Maplewood, having duly considered the matter, finds the above described building to be a hazardous building for the following reasons: a. During an inspection on March 17, 2003, effluent (untreated sewage) was being discharged on the property's surface. b. It was later discovered that the effluent was leaking from the house's septic system. C. The septic tank has collapsed, creating a depression in the soil and compromising the integrity of the septic system. d. The discharge of effluent to the surface has created an imminent threat to the property owner, the surrounding environment and the general public who may come into contact with the discharged effluent. e. The property requires a replacement of the existing septic system with a new septic system that includes tanks and a drainfield. f. The house has severe mold growth in many rooms, and on the outside walls and overhang. g. The homeowner has stated that the premise's water quality is bad and that it needs a new well and water treatment. h. The house on the property is vacant, and not useable while the imminent threat remains. i. The residence has a strong and pervasive odor which the Air Quality investigator determined to be petroleum or fuel with a musty or moldy component. j. Asphalt shingling violates housing code and must be replaced with new plywood roofing. k. The dwelling's soffits and fascia are warped, rotted, and in some cases missing altogether on the structure's siding. The ceiling finishes in the dining room and kitchen are cracked, water - stained and molded. The panels on the upper -level ceiling must be removed and replaced with sheetrock that is taped and finished. m. The walls and sheetrock in the bathroom are moldy and rotted, requiring the tub and surrounding structure and walls to be replaced. n. The wood stove in the kitchen is a fire hazard, and must be replaced with a fire retardant shield extending past the stove. o. Carpet and flooring in bathroom, hallways, entry, and living room must be replaced. P. Paint on ceilings in the kitchen and dining room must be replaced. q. Pipe at pressure relief valve on water heater is not up to code. r. Supply lines to kitchen sink require shutoffs. S. Wood flooring at the base of upper stairs block ventilation ducts and fail to provide register cover. t. Not counting the costs of dealing with the necessary mold and lead remediation, and creating a new well and water treatment system, the total cost of the necessary repairs is approximately $35,675. U. Ensure compliance with all applicable plumbing, electrical, and mechanical codes. 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, Sections 463.15 to 463.21, the City hereby orders the record owner (s) of the above hazardous building or her representative to raze and remove such building within 30 days of the service of this order. The City further orders that all personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within 30 days, and if not so removed by the owner, the City of Maplewood may raze such property or fixtures in accordance with law. 3. The City further orders that unless such corrective action is taken or an answer is served upon the City of Maplewood and filed in the office of the Clerk of District Court of Ramsey County, Minnesota, within 20 days from the date of the service of this order, a motion for summary enforcement of this order will be made in the District Court of Ramsey County. 4. The City further orders that if it is compelled to take any corrective action herein, all necessary costs expended by the city will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 5. The Mayor, City Clerk, City Attorney, and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. Mayor City Clerk 0 Attachment 3 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION RESOLUTION APPROVING AN ORDER ORDERING REMOVAL OF A HAZARDOUS BUILDING AT 2575 CARVER AVENUE. WHEREAS, upon the City of Maplewood's inspection of the property of Patty Gearin ( "Owner ")'s property at 2575 Carver Avenue, Maplewood, Minnesota, Parcel Number 24.18.22.12.0010 ( "Property "), surface discharge of effluent from a septic tank located on the Property was found, numerous building code violations were found along with air quality issues, and not counting the costs of dealing with the necessary mold lead remediation, and creating a new well and water treatment system, the total cost of the necessary repairs is approximately $35,675. WHEREAS, the dwelling has been vacant for several months and is not habitable in its current condition without posing a health and safety threat not only to the inhabitants but to the public; WHEREAS, the City is authorized to take action pursuant to Minnesota Statute Sections 463.15 to 463.61 to order Ms. Gearin to remove the hazardous building from her property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City shall issue an Order ordering Ms. Gearin to remove the hazardous building on her property at 2575 Carver Avenue within thirty (30) days. Adopted by the City Council of Maplewood this day of , 2003. Robert Cardinal, Mayor AYES: NAYS: ATTEST: Karen Guilfoile, City Clerk NflAWA n uA n A ANA I Aa NINA VNY AIA aA APoVAAIiA A4 l ! IYn 4A A g"it>�N. $ "t�� 1 1 Whereas, serious social problems concern our nation and threaten its x future; and Whereas, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious socialproblems; and Whereas, we, the American people have a tradition'ofphilanthropy and volunteerism, and Whereas, millions of self - sacrificing individuals touched and enhanced the lives of millions on the annual Make A Difference Day by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and Whereas USA Weekend Magazine and its affiliate newspapers and The s Points of Light Foundation and its affiliate Volunteer Centers, have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and Whereas, volunteer service is an investment in the future we all must share; �, • =' °` .�,:, NOW, THEREFORE, I, Mayor Bob Cardinal, do herebyproclaim Saturday, October 25, 2003, as Make A Difference Day in the City of Maplewood, s 3 'v Minnesota, and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives and with religious, school and civic groups to engage in projects benefiting their community. ayor Bob Cardinal Date } kM , City of Maplewood, Minnesota z�.