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
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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
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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
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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
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2
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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
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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
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✓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#/
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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
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14
(� Attachment 5
Jun�o� r1c,`niQ�QmQn�
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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
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9
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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_
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200
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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
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ECHNEY ARBORVITAE
3'
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UR MAPLE
#3
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#5
200
1L.F. COBRA EDGER
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1000
S.F. SOD REMOVAL
34
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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
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Date
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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.
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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.
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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.
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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?
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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.
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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?
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Planning Commission
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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
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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?
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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
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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��
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Maplewood
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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
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LOCATION MAP
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LEGACY VILLAGE AT MAPLEWOOD
MAPLEWOOD, MINNESOTA
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.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
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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
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City of Maplewood, Minnesota
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