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2005 05-09 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 9, 2005 Council Chambers, Municipal Building Meeting No. 05 -09 A. B. C. D. E. F. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Minutes from the Council /Manager Workshop, April 25, 2005 Minutes from the City Council Meeting, April 25, 2005 APPROVAL OF AGENDA APPOINTMENTS /PRESENTATIONS Resolutions of Appreciation — Jeff Bartol and Daniel Lee 0 H 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. Final Plat — Cottages at Legacy Village (Hazelwood Street and Legacy Parkway) 3. County Road D East Realignment - City Project 02 -07 — Resolution for Modification of Existing Construction Contract (Shafer), Change Order Nos. 7, 8, 9, 10, 11 and 12 4. Hazelwood Street Improvements - City Project 03 -39 — Revise bid opening date 5. Conditional Use Permit Review— Frontline Church (2055 White Bear Avenue) 6. Conditional Use Permit Review — Dearborn Meadows (Castle Avenue and Castle Court) 7. Assignment of Home Loan Payment (Ramsey County /Carefree Cottages) 8. Food Fee Waiver - Maplewood Athletic Association 9. Food Fee Waiver - Boy Scout Troop 64 10. Food Fee Waiver - Boy Scout Troop 187 PUBLIC HEARINGS 1. 7:00 p.m. Dahl Avenue Improvements (Woodhill Development) - City Project 05 -10 Resolution Ordering Improvement after Public Hearing 2. 7:15 p.m. Stop Sign Requests Forest and Conner Holloway and 1" Street AWARD OF BIDS Sterling Oaks Park Development J. UNFINISHED BUSINESS Gladstone North Area Street Improvements - City Project 04 -15 — Assessment Objection Recommendations and Resolution for Adoption of Assessment Roll Springside Drive Extension - City Project 03 -36 — Assessment Objection Recommendations and Resolution for Adoption of Assessment Roll K. NEW BUSINESS 1. Conditional Use Permit (CUP) Revision — Home Depot (2360 White Bear Avenue) 2. 3M Building #278 - Leadership Development Institute and Customer Center (2350 Minnehaha Avenue East) Right -of -Way Vacations Utility Easement Vacation Conditional Use Permit Parking Reduction Authorization Design Approval 3. County Road D Realignment East - City Project 02 -07 — Approve BP Amoco Pipeline Relocation Agreement L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Newsletter 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, itis understood that everyone will follow these principles: Showrespect for each other, actively listen to one another, keep emotions in check and use respectful language. DRAFT -- MINUTES COUNCIL /MANAGER WORKSHOP Monday, April 25, 2005 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach, Councilmember Others Present: C. FBI City Manager Fursman Assistant City Manager Coleman Finance Director Faust Parks and Recreation Director Anderson REAL Department Director Guilfoile Human Resource Director Le Police Chief Thomalla Fire Chief Lukin Public Works Director AN City Attorney Kelly APPROVAL OF AGENDA Present Present Present Absent Present Councilmember Koppen moved to approve the agenda as submitted. Seconded by Councilmember Rossbach Ayes -All NEW BUSINESS Community Development Budget Presentation E. F Assistant City Manager Coleman gave the department's 2004 budget recap and projections in preparation for the upcoming council and management team retreat. FUTURE TOPICS ADJOURNMENT With there being no further business, the meeting adjourned at 6:55 p.m. City Council /Manager Workshop 04 -25 -05 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, April 25, 2005 Council Chambers, City Hall Meeting No. 05 -07 13 A C. A C F CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:03 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council /Manager Workshop, April 11, 2005 Councilmember Juenemann moved to approve the minutes from the April 11, 2005 City Council /Manager workshop as presented. Seconded by Councilmember Koppen Ayes-All 2. Minutes from City Council Meeting -April 11, 2005 Councilmember Monahan -Junek moved to approve the minutes from the April 11, 2005 City Council Meeting as amended. Seconded by Councilmember Koppen Ayes-All APPROVAL OF AGENDA F1. Proclamation for AARP F2. Proclamation for Falun Dafa M1. Earth Day at the Maplewood Community Center M2. 2005 Citizens Police Academy M3. Birthday of Former Mayor Rossbach Councilmember Monahan -Junek moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All APPOINTMENTS /PRESENTATIONS 1. Proclamation — National Tinnitus Awareness Week a. Mayor Cardinal read the proclamation. City Council 04 -25 -05 I Councilmember Koppen PROCLAMATION Whereas, approximately 50 million Americans are afflicted with tinnitus, a medical condition what causes a person to hear noises like hissing, ringing, or whooshing when no external source is present; and Whereas, approximately 12 million Americans suffer such debilitating symptoms from their tinnitus that they are forced to seek medical help; and Whereas, many tinnitus sufferers think the only solution to their condition is to "learn to live with it'; and Whereas, tinnitus presently has no cure, and the American Tinnitus Association would like to rally support for research around a theme of Now Cure This! And, whereas, in many cases, simple hearing protection and awareness of risk would help protect people form hearing loss or further damage to their hearing; and Whereas, this proclamation would help inform children and adults about the three basic rules that help protect good hearing: 1. Turn down the volume when it's too loud. 2. Use earplugs or earmuffs in noisy environments. 3. Walk away from noises that are too loud. Whereas, the American Tinnitus Association has taken as its mission the charge to silence tinnitus through education, advocacy, research, and support, and is celebrating National Tinnitus Awareness Week 2005 as a means of raising public awareness, educating people throughout these United States, and advancing the quest for cures, Now, therefore, I, Bob Cardinal, Mayor of Maplewood, do hereby proclaim National Tinnitus Awareness Week, May 21 -28, 2005. Seconded by Councilmember Rossbach Ayes -All Proclamation for AARP a. Mayor Cardinal read the proclamation. Councilmember Rossbach moved to adopt the following proclamation of appreciation for AARP Volunteer Tax -Aide team who has provided tax free law training and tax preparation services at the Maplewood Community Center for the past seven years: CERTIFICATE OF APPRECIATION WHEREAS, AARP Volunteer Tax -Aide Team has provided free tax law training and tax preparation services at the Maplewood Community Center for the past seven years; and City Council 04 -25 -05 WHEREAS, the AARP Volunteer Tax -Aide Team volunteered over 800 hours, electronically filing over 850 Minnesota and Federal tax returns in 2005; and WHEREAS, the AARP Volunteer Tax -Aide Team also provided an uncounted number of rent credit and property tax refunds; and WHEREAS, the AARP Volunteer Tax -Aide Team worked under the direct supervision, coordination and direction of long -time Maplewood resident Mr. Milo Thompson; and WHEREAS, the services that were provided could never be measured in dollars and /or financial terms, but rather they are measured in human terms through impacting each individual's life in a positive and personal manner. NOW, THEREFORE, BE IT RESOLVED, that on behalf of the city of Maplewood, Minnesota, and the over 2,000 individuals who have been provided personal, professional, "free" tax services, the city council hereby resolves that the AARP Volunteer Tax -Aide Team and Mr. Milo Thompson be extended our heartfelt gratitude and appreciation for their dedicated, unselfish and committed service. Seconded by Councilmember Koppen Ayes -All Proclamation for Falun Dafa a. Mayor Cardinal read the proclamation: Councilmember Koppen moved to adopt the following proclamation announcing May 13- 20, 2005 Falun Dafa Week: Proclamation Whereas, Falun Dafa, also known as Falun Gong, is a powerful mind /body cultivation system originating in prehistoric China and made public by Master Li Hongzhi in 1992; and Whereas, Falun Dafa is a form of what the Chinese call qigong (pronounced "chee- gong "), a system of exercises and teachings that deeply transform the mind and body, whose practitioners experience improved health and newfound energy to mental clarity, stress relief and peace of mind and surveys strongly attest to Falun Dafa's power of resolving conditions that other forms of healing do not; and Whereas, Falun Dafa is practiced in more than 40 countries, by millions of people of all ages, cultures and backgrounds, and almost every state in the United States has Falun Dafa practitioners and exercise locations; and Whereas, Falun Dafa was introduced to Minnesota in the fall of 1998 and since then, volunteers offer free instruction and convene regular group exercise practice sites in the Twin Cities, including Como Park in Saint Paul, the University of Minnesota and Pathways in Minneapolis; Now, Therefore, I, Bob Cardinal, Mayor of the City of Maplewood, do hereby proclaim May 13 -20, 2005 Falun Dafa Week in the City of Maplewood and urge citizens to become acquainted with this ancient City Council 04 -25 -05 practice which encourages its practitioners to live according to Zhen- Shan -Ren (Truth, Compassion and Tolerance). Seconded by Councilmember Juenemann Ayes-All G. CONSENT AGENDA Councilmember Koppen moved to adopt consent agenda items: 1, 3, 4, 6, 7, 9 -15. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda item 2. David Steele, the developer of Sibley Cove, addressed council concerns. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Monahan -Junek moved to adopt consent agenda item 5. Seconded by Councilmember Koppen Mayor Cardinal moved to adopt consent agenda item 8. Seconded by Councilmember Monahan -Junek 1. Approval of Claims ACCOUNTS PAYABLE: $ 132,880.76 Checks # 66667 thru # 66718 dated 4/12/05 Ayes-All Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan -Junek and Rossbach Abstain - Councilmember Koppen $ 650,460.49 Disbursements via debits to checking account dated 4/01/05 thru 4/07/05 $ 52.00 Checks # 66719 dated 4/12/05 $ 115,873.32 Checks # 66720 thru # 66760 dated 04/15/05 thru 04 /19/05 $ 288,745.91 Disbursements via debits to checking account dated 04/08/05 thru 04 /13/05 $ 1,188,012.48 Total Accounts Payable PAYROLL City Council 04 -25 -05 4 Payroll Checks and Direct Deposits dated 4 -08- $ 447,405.13 05 5,520.38 Payroll Deduction check # 100981 thru # 100986 dated 4 -08 -05 $ 452,925.51 Total Payroll $ 1,640,937.99 GRAND TOTAL Conditional Use Permit Review — Sibley Cove (1996 County Road D) Approved to review the conditional use permit (CUP) fir the Sibley Cove Apartments at 1996 County Road D again in six months (October 2005) or sooner if the owner proposes a major change to the site. Conditional Use Permit Review — Van Dyke Village (2191- 2231 Van Dyke Street) Approved to review the conditional use permit (CUP) for the Van Dyke Village Town houses at 2191 -2231 Van Dyke Street again in one year or sooner if the owner proposes a major change to the site. Conditional Use Permit Review — Gruber's Power Equipment (1762 White Bear Avenue) Moved to review the conditional use permit for Gruber's Power Equipment for exterior storage at 1762 White bear Avenue again in six months (October 2005). Purchase of 2005 -2006 Winter Road Salt Authorized the purchase of road salt under the state contract, not to exceed $35,000. Legacy Parkway Improvements, City Project 03 -26 — Resolution for Modification of Existing Construction Contract, Change Order No. 2 Adopted the following resolution directing the Modification of the Construction Contract with Ryan Contracting by $84,826.83 for the Legacy Parkway Improvements, City Project 03 -26, by approving Change Order No. 2: RESOLUTION 05 -04 -046 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03 -26, Legacy Parkway Improvements, Southlawn to Hazelwood, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03 -26, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the City Council 04 -25 -05 amount of $84,826.83. The revised contract amount is $1,315,178.03. No revision to the financing plan is required at this time as all items fall within the proposed budget. Waive Temporary Food Permit Fee for Ramsey County Voiture 838 at Ramsey County Fai r Approved the fee waiver for the temporary food permit for Ramsey County Voiture at 838 Arcade - Phalen Post 577 of the American Legion to be used at the Ramsey County Fai r. Council approval for Temporary Gambling and Beer Permits for St. Paul East Parks Lions Club at Ramsey County Fair Adopted the following resolution for a temporary gambling license and a 3.2 beer permit for Ramsey County Fair that will be held from July 13 — 17: RESOLUTION 05 -04 -047 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. 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. Budget Changes for Fire Fighters Pension Approved the appropriate budget changes for the additional state aid of $7,000 and $9,980 increase in pension payments. 10. Closure of Street Construction State Aid Fund Authorized a transfer of $3,716.83 from the SCSA Fund to the fund for project 02 -21 and approved the appropriate budget changes. 11. Closure of Debt Service Funds Authorized the following: (1) A transfer of $554,252.41 from the fund for the Improvement Refunding Bonds Series of 2004A to close the fund for the Improvement bonds Series 1995A, (2) a transfer of $149,308.43 from the fund for the Tax Increment Refunding Bonds Series 2004F to close the fund for the Tax Increment Bonds Series 19958, and (3) the appropriate budget changes. 12. Transfers to Close Funds for Improvement Projects Authorized the following transfers: City Council 04 -25 -05 1) A transfer of $17,470.41 from the fund for Project 01 -21 to the Sewer Fund 2) A transfer of $9,305.46 from the fund for Project 03 -02 to the fund for Project 02 -14 3) A transfer of $97,505.63 from the fund for Project 03 -02 to the fund for Project 01 -09 4) A transfer of $23,813.00 from the Sewer Fund to the fund for project 02 -04 5) A transfer of $12,342.39 from the fund for Project 02 -04 to the fund for Project 01 -14 6) A transfer of $47,044.00 from the Sewer Fund to the fund for Project 00 -03 7) A transfer of $18, 315.69 from the fund for Project 00 -03 to the fund for Project 01 -04 8) A transfer of $82,320.18 from the fund for Project 00 -03 to the fund for Project 98 -12 9) A transfer of $388,833.66 from the fund for Project 00 -03 to the fund for Project 01 -14 10) The appropriate budget changes 13. Joint Powers Agreement with the City of Mahtomedi Approve to enter into the joint powers agreement with the City of Mahtomedi to provide lifeguard services. 14. Joint Powers Agreement with the City of Oakdale Approve to enter into the joint powers agreement with the City of Oakdale to provide aquatic and administrative services for Tanners Beach. 15. Joint Powers Agreement with the Town of White Bear Approve to enter into the joint powers agreement with the Town of White Bear to provide aquatic and administrative services for Bellaire Beach. H. PUBLIC HEARINGS 7:27 p.m. Tax - exempt Financing Request — Vomela (Highway 36 and English Street) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Randy Hines, representing Vomela, Highway 36 and English, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Juenemann facility at 2354 English Street: City Council 04 -25 -05 RESOLUTION 05 -04 -048 RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE PORT AUTHORITY OF THE CITY OF SAINT PAUL ON BEHALF OF VOMELA SPECIALTY, INC. RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE PORT AUTHORITY OF THE CITY OF SAINT PAUL ON BEHALF OF VOMELA SPECIALTY, INC. BE IT RESOLVED by the Maplewood City Council (the "City "), as follows: SECTION 1 Recitals 1.1 The Port Authority of the City of Saint Paul (the 'Port Authority ") has previously issued its $3,255,000 Industrial Development Revenue Refunding Bonds (the "2002 Bonds "), and loaned the proceeds to Vomela Specialty, Inc. (the "Company "). These proceeds were to refinance the construction ofa facility located in the Riverview Industrial Park in Saint Paul, Minnesota, in which the Company has a facility, and to provide financing for the purchase of printing equipment the Company will use at the Project. The Port Authority has now received a proposal from the Company requesting that the Port Authority consider the issuance of approximately $3,500,000 of 2005 Bonds (which may be in the form of one or more notes orseries) (the "2005 Bonds "). These bonds would be to provide financing for the purchase of additional printing equipment, some of which the Company is likely to use at its Maplewood facility (the "Project"). 1.2 The Company has represented to the City that the Project will assist the Company in improving its facilities in the City, for the benefit of the residents of the City and surrounding area; that the issuance of tax - exempt or taxable revenue bonds is essential to the successful completion of the Project; and that the Port Authority has evidenced a willingness to issue tax - exempt or taxable revenue bonds and loan the proceeds thereof to the Company to finance the proposed Equipment. 1.3 A notice of public hearing was published on April 6, 2005 in the Maplewood Review. Pursuant to such notice, the Maplewood City Council held a public hearing about the proposal of the Company to finance the Equipment through the issuance of revenue bonds by the Port Authority. The city council heard from all those at the hearing who desired to speak, and in connection with the hearing, the City took written comments in advance. SECTION 2 Consent to Issuance 2.1 On the basis of the information given to the City to date, the City hereby consents to the issuance by the Port Authority of approximately $3,500,000 of its revenue bonds, and the loan of the proceeds thereof to the Company to finance the Project. The adoption of this resolution shall not be deemed, however, to establish a legal obligation on the part of the City, its Council orthe Port Authority to issue orto cause the issuance of the Bonds. The Bonds, if issued by the Port Authority, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or the Port Authority. The Bonds shall be payable solely from said revenues and property of the Company specifically pledged to the payment thereof, and shall not constitute a debt or pecuniary liability of the City or the Port Authority within the meaning of any constitutional or statutory limitation. 2.2 The appropriate officers of the City are hereby authorized and directed to execute any documents and certificates that the Port Authority or its bond counsel reasonably requires to the transaction described herein. The execution of the documents and certificates or any other instrument by the City Council 04 -25 -05 appropriate officer or offices of the City shall be conclusive evidence of the approval of such documents in accordance with the terms of this resolution. Seconded by Councilmember Koppen Ayes -All 7:35 p.m. Gladstone North Area Street Improvements, City Project 04 -15 — Resolution Adoption of Assessment Roll City Manager Fursman presented the report. Public Works Director AN presented specifics from the report and read two additional addresses into the record that were not included in the staff report (1384 Eldridge Avenue East, owner, Ellen Schwartz 1366 Eldridge Avenue East, owner William Priebe.) C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Esbolt, 1970 -1974 Dieter Street, Maplewood Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue, Maplewood David Davidson, 1984 Barclay Street, Maplewood Robert King, 1460 Belmont Lane, Maplewood Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following resolution for the adoption of the assessment roll for the Gladstone North Area Street Improvement Protect, City Protect 04 -15: RESOLUTION 05 -04 -049 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 28` 2005, calling for a Public Hearing, the assessment roll for the Gladstone North Area Street Improvements, City Project 04 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Richard and Marcile Esbolt, 1970 -1974 Dieter Street 2. Sayed and Kathryn EI- Kandelgy, 1976 Eldridge 3. Gladys Olson, 1999 Clarence Street 4. Judy Widholm, 1424 Burke Avenue 5. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 9` 2005, as to their recommendations for adjustments. 2. The assessment roll for the Gladstone North Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is City Council 04 -25 -05 hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2003, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes -All 8:10 P.M. Springside Drive Extension, City Project 03 -36 — Resolution Adoption of Assessment Roll City Manager Fursman presented the report. Public Works Director presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Patrick Steinhoff, 220 South 6th Street, Minneapolis, Representing homeowner's Brad and Dawn Fedorowski, 2439 Springside Drive, Maplewood Daniel Billig, 2383 Linwood Avenue, Maplewood Mayor Cardinal closed the public hearing. Councilmember Koppen addressed with a report back to the council on Mav 9. 2005: RESOLUTION 05 -04 -050 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 9th ` 2004, calling for a Public Hearing, the assessment roll for the Springside Drive Extension, City Project 03 -36, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429: City Council 04 -25 -05 10 1. Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 6. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 9` 2005, as to their recommendations for adjustments. 7. The assessment roll for the Springside Drive Street Extension as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll 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 it. 8. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 9. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 10. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Juenemann Ayes-All AWARD OF BIDS Employee Uniforms and Floor Mats City Manager Fursman presented the staff report. Assistant City Manager Coleman presented specifics from the report. Councilmember Rossbach moved to award a five year contract for city employee uniform and floor mat service to G & K Services. Seconded by Councilmember Koppen Ayes-All Public Works Building Addition — City Project 03 -19 — Resolution Receiving bids, rejecting all bids, approving revised project plans and authorizing receipt of bids City Council 04 -25 -05 11 City Manager Fursman presented the staff report. Public Works Director presented specifics from the report. Councilmember Koppen moved to adopt the following resolution receiving the project bids, reauestina all buildina expansion bids. awardina a contract to Grevstone Construction in the RESOLUTION 05 -04 -051 RECEIVING PROJECT BIDS, REJECTING BIDS AWARDING CONTRACT FOR SALT BUILDING APPROVING REVISED PROJECT PLANS AND SPECIFICATIONS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 14, 2005, plans and specifications for the Public Works Building Expansion, City Project 03 -19, were prepared by (or under the direction of) the city engineer, and bids were received on April 14, 2005, as follows: Building Expansion Bid Amount Architect's Estimate $2,000,000 Ebert Construction $2,468,000 Jorgenson Construction $2,579,000 Merrimac Construction $2,582,291 Weber, Inc. $2,601,000 Arkay Construction $2,652,000 Meisinger Construction $2,755,000 Salt Storage Building Bid Amount Greystone Construction $92,500 Ebert Construction $122,000 Architect's Estimate $100,000 WHEREAS, the overall project budget has been established at $2,350,000 by City Council motion, which does not provide adequate funding for the construction of the project, and WHEREAS, the Director of Public Works /City Engineer has presented a revised set of plans potentially eliminating work that will bring the project within the City Council budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. The bids received for the Building Expansion are hereby rejected and the Public Works Director is hereby directed to return the bid bonds accompanying said bids. 2. The revised 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. 3. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 19th day of May, City Council 04 -25 -05 12 2005, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 23, 2005. 4. The bid of Greystone Construction in the amount of $92,500 is the lowest responsible bid for the construction of the Salt Building Facility and the mayor and manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Seconded by Councilmember Monahan -Junek Ayes-All Gladstone North Area Street Improvements, City Project 04 -15 and Springside Drive Extension, City Project 03 -36 — Resolution for Award of Bids City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Monahan -Junek moved to adopt the following resolution accepting the bids, combining projects and awarding the contract to T.A. Schifsky and Sons, Inc. in the amount of $1,766,328.58: RESOLUTION 05 -04 -053 COMBINING PROJECTS AND AWARD OF BIDS WHEREAS, the city engineers deems it in the best interest of the city to combine the Gladstone North Area Street Improvements, City Project 04 -15 and Springside Drive Street Extension, City Project 03 -36 for bidding and award of bid, and AND WHEREAS, pursuant to resolution passed by the city council on March 1& 2005, for advertising for bid for Gladstone North Area Street Improvements, Project 04 -15 and Springside Drive Extension, Project 03 -36 bids were received opened and tabulated according to law, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The Gladstone North Area Street Improvements, City Project 04 -15 and Springside Drive Street Extension, City Project 03 -36 shall be combined for bidding and award of bid. 2. The bid of T.A. Schifsky & Sons, Inc. in the amount of $1,766,328.32 is the lowest responsible bid for the construction of Gladstone North Area Street Improvements, City Project 04 -15 and Springside Drive Extension Project 03 -36, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Koppen Ayes-All L11.1a1.16y:1:I17- 111;.11.1 * *1 None City Council 04 -25 -05 13 I .I ATJI - 111-1 I.I *11 1. Easement Vacation (Wyngate Town Homes — Legacy Village) a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. C. Commissioner Fisher presented the Planning Commission Report Councilmember Juenemann moved to adopt the following resolution vacating an unneeded drainage and utility easement on the Wyngate Townhouse site. This vacation is because it is in the public interest since this drainage and utility easement would serve no public purpose: EASEMENT VACATION RESOLUTION 05 -04 -053 WHEREAS, Mr. Frank Janes, of The Hartford Group, applied for the vacation of the following: Vacating the Drainage and Utility Easement as Dedicated on the plat of LEGACY VILLAGE OF MAPLEWOOD, Ramsey County, Minnesota over that part of Lot 1 and Lot 4, Block 2 described as follows: Commencing at the Southwest corner of said Lot 4, thence North 2 degrees 50 minutes 09 seconds West along the West line of said Lot 4, a distance of 10.01 feet to the point of beginning of the easement to be vacated; thence North 89 degrees 46 minutes 12 seconds East a distance of 10.01 feet; thence North 2 degrees 50 minutes 09 seconds West a distance of 144.94 feet; thence North 2 degrees 49 minutes 52 seconds East a distance of 21.43 feet; thence South 44 degrees 49 minutes 03 seconds West a distance of 27.66 feet; thence South 89 degrees 46 minutes 12 seconds West a distance of 1.50 feet; thence South 2 degrees 49 minutes 52 seconds West a distance of 1.78 feet; thence South 2 degrees 50 seconds 09 minutes East a distance of 145.02 feet; thence South 89 degrees 46 minutes 12 seconds West a distance of 10.01 feet to the point of beginning. WHEREAS, on April 4, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on April 25, 2005, the city council approved this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation because it is in the public interest since this right -of -way is not needed for any public purpose. Seconded by Councilmember Monahan -Junek Ayes -All 2. Heritage Square Fourth (County Road D, west of Highway 61) Preliminary Plat Parking Lot Setback Variance Design Approval City Council 04 -25 -05 14 a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. d. Planning Commissioner Fisher presented the planning commission report. e. James Kellison, the project Developer was present to answer questions from the council. f. Kevin Clark, Representing Town & Country Homes also answered council questions. g. The following persons were heard: Kelly Lenz, 3027 Duluth Street, Maplewood Dr. Jennifer Bouthelette -Owner of Hillcrest Animal Hospital John Currier, 2962 Duluth Street, Maplewood Helmut Tetzlaff, 1260 Highridge Court, Maplewood Councilmember Monahan -Junek moved to approve the preliminary plat date - stamped February 8, 2005 for the Heritage Square 4` Addition subject to the following conditions: 1. The applicant shall dedicate trail easements and drainage and utility easements as recommended by Chris Cavett in his memo dated March 1, 2005. 2. The applicant shall sign a developer's agreement with the city for the construction and dedications of: a. Watermain between the south drive and the Duluth Street stub. b. Trail construction. c. Easement dedications for trails, storm sewer, utilities and watermain. d. Native turf establishment adjacent to the ponds. e. Other issues deemed necessary by the city engineer. 3. The applicant, or the seller of this property to the applicant, shall provide a deed restriction, be filed with Ramsey County, stating that the Prokosch site shall not be developed with more than one single family home. This document shall be submitted to the city attorney for approval. Seconded by Councilmember Koppen Ayes -All Councilmember Koppen moved to approve the plans date - stamped February 8, 2005 for the 1. Comply with the requirements of the city engineer and those of Chris Cavett in his report dated March 1, 2005. 2. Meet all requirements of the building official and fire marshal. 3. Obtain all required permits from the Ramsey - Washington Metro Watershed District. 4. Revise the site plan to provide a 15 -foot setback for the proposed frontage drive and visitor parking spaces or obtain a setback variance from the city council. The applicant must provide at least .5 parking spaces for each unit. The northernmost building needs two additional visitor spaces. 5. Revise the site plan to provide pedestrian trails as recommended by Mr. Cavett in his memo dated March 1, 2005. The applicant shall construct these trails as part of this development. City Council 04 -25 -05 15 6. The city will allow one building permit before the plat is filed. The plat must be recorded before the city will issue permits for any additional buildings. 7. Repeat this review in two years if the city has not issued a building permit for this project. 8. The applicant shall install an inground irrigation system for all landscaped areas. 9. The applicant shall provide a lighting plan for staff approval before getting a building permit for the first building. 10. A temporary sales office is allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 11. The director of community development may approve minor changes to these plans. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution approving a five -foot parking and driveway setback variance form the future County Road D Extension right -of -way line: VARIANCE RESOLUTION 05 -04 -054 WHEREAS, Town and Country Homes applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the proposed townhome development site west of the future County Road D Extension. The legal description is: LOT 8, BLOCK 1, HERITAGE SQUARE 4 ADDITION WHEREAS, Section 44 -20(C) (5) (a) of the Maplewood Code of Ordinances requires that parking lots be set back at least 15 feet from a street right -of -way. WHEREAS, the applicant is proposing a ten -foot front setback. WHEREAS, this requires a variance of five feet. WHEREAS, the history of this variance is as follows: On April 4, 2005, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approve this variance. The City Council held a public meeting on April 25, 2005. The council considered reports and recommendations from the city staff and planning commission. The city council agreed this variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described variance for the following reasons: (1) Complying with the 15 -foot parking lot/driveway setback code would cause the applicant undue hardship due to the narrow shape of the site which makes setback compliance difficult. City Council 04 -25 -05 16 (2) Relocating the parking lots, frontage drive and buildings to the west would require additional grading and slope stabilization and would impact the neighbors by reducing the building setback to the west. (3) The variance would meet the spirit and intent of the ordinance since there would still be adequate area to plant trees between the driveway curbing and the front lot line. The reduced setback would also not be visually noticeable. Approval of this variance is conditioned upon the applicant providing a 10 -foot pavement setback in order to stay off of the required 10- foot -wide utility easement. As required previously, the applicant must also provide at least nine visitor parking spaces for the northerly building. Seconded by Councilmember Monahan -Junek Ayes-All Council took a five minute recess. White Bear Avenue at Community Center — Resolution Requesting Ramsey County Consideration of Turn Lane Improvements City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution requesting Ramsey County to conduct a study of White Bear Avenue at the Maplewood Community Center for the possibility and programming of turn lanes: RESOLUTION 05 -04 -055 REQUESTING TRAFFIC STUDY WHITE BEAR AVENUE AT MAPLEWOOD COMMUNITY CENTER WHEREAS, traffic volumes along White Bear Avenue between County Road B and Frost Avenue have substantially increased in the past five years; and WHEREAS, Maplewood has observed conflicts and delays with turning movements into and from the Maplewood Community Center; and WHEREAS, Ramsey County has jurisdiction over White Bear Avenue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The City of Maplewood does hereby request of Ramsey County to conduct a traffic study of White Bear Avenue between County Road B and Frost Avenue. 2. The City of Maplewood does hereby request of Ramsey County to consider the installation of turn lanes to White Bear Avenue to assist with the safe movement of traffic into and from the Maplewood Community Center. Seconded by Councilmember Rossbach Ayes-All White Bear Avenue Improvements — City Project 02 -21 — Resolutions Approving Joint Powers Agreement Revision with Ramsey County and Increasing Project Budget City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. City Council 04 -25 -05 17 Councilmember Koppen RESOLUTION 05 -04 -056 APPROVING COOPERATIVE AGREEMENT AND REVISING PROJECT BUDGET WHEREAS, preliminary studies conducted by the City of Maplewood, Ramsey County and the Minnesota Department of Transportation (MnDOT) indicate that it is feasible, practical and technically proper to combine the White Bear Avenue (CSAH 65) Radatz Avenue to County Road D project with the White Bear Avenue / 1 -694 Interchange project; and WHEREAS, Ramsey County and Maplewood have previously entered into a Cooperative Agreement funding arrangement establishing a 50% County — 50% City arrangement for cost splits on engineering studies after MnDOT and Federal Funding is received in Cooperative Agreement PW2003 -06; and WHEREAS, the City Engineer has reported the need for additional studies and investigations regarding the approvals for improvements to White Bear Avenue and the White Bear Avenue /1 -694 interchange; and WHEREAS, Ramsey County and the City of Maplewood have successfully applied for federal funding for the improvement of White Bear Avenue between Radatz and County Road D in Maplewood. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 1. The Cooperative Agreement Revision in the amount of $52,125.00 is hereby approved and the Mayor and City Manager are hereby authorized to execute said agreement. 2. The project budget for the White Bear Avenue project is hereby increased by $200,000, which shall include the funds to be received from Ramsey County under the Cooperative Agreement and the city- share, which shall be designated to reimburse from the Municipal State Aid Street Account. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Juenemann Ayes -All 5. TH 61 — County Road D Court — TH 61 Frontage Road Improvements — City Projects 03- 07 / 04 -06 / 04 -25 — Resolution Combining Projects for Bidding; Approving Plans and Specifications; and Authorizing Receipt of Bids a. City Manager Fursman presented the staff report. b. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution combining the TH 61 Improvements; County Road D Court; and TH 61 East Frontage Road projects for bidding; approving the plans and specifications for each of the three protects; and authorizing receipts of bids on either May 26 or June 3 at 10:00 a.m. with the specific date to be determined by the city Engineer: City Council 04 -25 -05 18 RESOLUTION 05 -04 -057 COMBINING PROJECTS FOR BIDDING APPROVING PLANS AND SPECIFICATIONS AUTHORIZING BIDS WHEREAS, pursuant to resolution passed by the city council on May 24th, 2004, plans and specifications for TH 61 Improvements (Beam Ave. to Interstate 694), Project 03 -07 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, pursuant to resolution passed by the city council on December 13th, 2004, plans and specifications for County Road D Court (TH 61 to new County Road D), Project 04 -06 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, pursuant to resolution passed by the city council on December 13th, 2004, plans and specifications for TH 61 East Frontage Road Improvements, Project 04 -25 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, the City Engineer has recommended that it would be in the City's best interests for cost and construction coordination issues that these three said projects be combined for bidding and construction purposes. 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 May, 2005, (or, if necessary as determined by the City Engineer to meet MnDOT requirements at 10:00 am on the 3r day of June, 2005) 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 June 13` 2005. Seconded by Councilmember Rossbach Ayes -All 6. County Road D Court — City Project 04 -06 — Approve Exchange Agreement with Hillcrest Animal Hospital a. City Manager Fursman presented the staff report. b. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to approve the attached agreement with Xaris Properties for the County Road D Court Improvements (New County Road D to TH 61), City Protect 04 -06 and authorized the Mayor and City Manager to execute the agreement: City Council 04 -25 -05 19 EXCHANGE AGREEMENT This Agreement, dated April , 2005, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City ") and Xaris Properties, LLC, a limited liability company in the State of Minnesota (hereinafter "Xaris "). WHEREAS, the City is undertaking a project known as the County Road D Court Improvements, Project Number 04 -06; WHEREAS, Xaris owns property in the County of Ramsey, State of Minnesota with said Project Area, legally described as: That part of the Northwest Quarter of Section 3, Township 29, Range 22 which lies North and West of the Saint Paul and White Bear State Highway and North of line described as follows: Beginning at a point in the West line of said Section 3, which point is 185.55 feet South of the Northwest corner of said Section 3; thence Southeasterly in a straight line 406.11 feet to a point in the centerline of Saint Paul and Duluth Highway No. 61, which point is 323.36 feet southwesterly from the point of intersection of said centerline of said highwaywith the North line of said Section 3. "Subject Property ;" WHEREAS, Xaris owns the Subject Property; WHEREAS, the City is in need of a roadway parcel portion of the Subject Property for roadway purposes and a temporary easement for construction purposes over, under and across the Subject Property. Said roadway parcel being that part of the above described parcel lying northerly of the following described line: Said line commences at the northwest corner of said Northwest Quarter; thence south 01 degrees 13 minutes 44 seconds east, assumed bearing, along the west line of said Northwest Quarter, a distance of 33.01 feet; thence south 89 degrees 50 minutes 48 seconds east, parallel with the north line of said Northwest Quarter, a distance of 147.05 feet to the point of beginning of the line to be described: thence southeasterly, easterly and northeasterly a distance of 106.55 feet along a non - tangential curve, concave to the north, having a radius of 56.67 feet, a central angle of 107 degrees 43 minutes 44 seconds, a chord length of 91.54 feet and a chord bearing of south 89 degrees 50 minutes 48 seconds east, to the south line of the north 33 feet of said Parcel (also being the south line of County Road D) and there terminating. 'Roadway Parcel' Said roadway parcel containing 1,490 square feet (0.034 acres), more or less. Said temporary easement being that part of the above described parcel (Subject Property) described as follows: The south 10.00 feet of the north 43.00 feet of the west 94.48 feet of said parcel, which lies adjacent to and southerly of the south right of way of County Road D. "Temporary Easement Property" Said temporary easement containing 945 feet (0.022 acres), more or less. WHEREAS, in exchange for grant of fee simple title to the above - described Roadway Parcel the City shall pay Xaris consideration of five thousand, nine hundred and sixty dollars ($5,960); WHEREAS, in exchange for grant of a temporary easement over, under and across the above - described Temporary Easement Property by Xaris, the City shall pay Xaris consideration of City Council 04 -25 -05 20 one dollar ($1.00); WHEREAS, City's roadway and construction purposes will result in the removal or destruction of certain Signage currently in use on Subject Property; and WHEREAS, in exchange for the grant of fee simple title to the above described Roadway Parcel and a temporary easement over, under and across the above - described Temporary Easement Property by Xaris, the City shall pay Xaris additional consideration for the relocation or replacement of said Signage not to exceed Ten Thousand Dollars ($10,000), NOW THEREFORE, Xaris agrees to the following: 1. Xaris agrees to convey to the City fee simple title by Warranty Deed to the above - described Roadway Parcel free of all encumbrances and to obtain all necessary mortgage releases. The total area of the Roadway Parcel is 1,490 square feet, as described in attached Exhibit Aand illustrated in attached Exhibit B. Xaris agrees to be responsible for paying all real estate taxes on the Roadway Parcel due at the time of the exchange. Real estate taxes must be paid prior to recording the deed. 2. Xaris agrees and dedicates unto the City a temporary construction easement over, under and across the above - described Temporary Easement Property. The City's rights under this Agreement shall commence upon the execution of this Agreement by Xaris and the City and shall automatically expire on the 1st day of September, 2006 ( "Term "). This Agreement shall be of no further force or effect after the expiration of the Term. 3. Xaris agrees to execute all documents necessary to fulfill the obligations and terms of this Agreement. 4. Xaris agrees to pay all assessments on Subject Property outstanding or pending. Xaris further agrees not to contest an assessment amount of $19,594.34 or lower for the County Road D Court improvements. Xaris expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). Xaris represents and warrants to the City that: A. Xaris has all requisite power and authority to convey to the City fee simple title to Roadway Parcel and the officers of the Xaris who execute the conveyance on behalf of Xaris have the power and authority to do so and bind the Xaris. B. Xaris has all requisite power and authority to grant the Temporary Easement and the officers of the Xaris who execute the Temporary Easement on behalf of Xaris have the power and authority to do so and bind the Xaris. C. To the best of the knowledge of Xaris, after due investigation, the conveyance of the Roadway Parcel pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Roadway Parcel, or to Xaris. D. To the best of the knowledge of Xaris, after due investigation, the granting of temporary easement to the Temporary Easement Property pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Temporary Easement Property, or to Xaris. E. Xaris has not used the Roadway Parcel or Temporary Easement Property and, to the best of Xaris's knowledge, the Roadway Parcel and Temporary Easement Property have never been used City Council 04 -25 -05 21 for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Xaris's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Roadway Parcel or Temporary Easement Property. To the best of Xaris's knowledge and belief, there are no underground storage tanks on or under the Roadway Parcel or Temporary Easement Property. F. Xaris will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. G. Xaris has good and marketable title in fee simple to the Roadway Parcel free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which the City, at its option, may consent to in writing, and except for permitted encumbrances. H. To the best of the knowledge of Xaris after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the Roadway Parcel or Temporary Easement Property pending or, to the best of Xaris's knowledge and belief, threatened against Xaris which could result in a judgment or lien against Xaris or could result in a re- zoning or taking of the Roadway Parcel or Temporary Easement Property; there exists no other basis for any assertion against Xaris which would interfere with or prevent the transactions contemplated hereby. I. Xaris represents that no other parties have an interest in the Roadway Parcel or Temporary Easement Property either by claim of damage or ascertain of any rental or leasing rights. J. Xaris hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by the City of its obligations hereunder. The representations contained herein shall survive closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge against the premises. Upon the material breach of any thereof, the City may declare this Agreement to be null and void. 6. In the event wells are located on the Right -of -Way Property, the responsibility for sealing and capping said wells including all costs is the responsibility of Bloomer Properties. 7. The City's obligation under this Agreement shall be conditioned, for the sole benefit of the City, upon the following: A. Contingent on the City's engineering studies finding that the Roadway Parcel is suitable for the City's intended use. B. Contingent on the City's engineering studies finding that the Temporary Easement Property is suitable for the City's intended use. C. Contingent upon review and approval of final terms by the City Council. 8. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. 9. No provision contained in this Agreement shall be deemed to have been abrogated or waived by any reason of any failure to enforce the same. 10. The terms and conditions contained in this Agreement shall run with the land and be binding upon the owners of the Property or any lot located within the boundaries of the Property, their heirs, successors and assigns. City Council 04 -25 -05 22 11. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written: CITY OF MAPLEWOOD Its: Mayor Its: City Manager XARIS PROPERTY, LLC 0 Its: STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2005, by Bob Cardinal, the Mayor, and Richard Fursman, the City Manager of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF )ss The foregoing instrument was acknowledged before me this day of 2005, by , the of XARIS PROPERTIES, LLC, limited liability company in the State of Minnesota on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KELLY & FAWCETT, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 Seconded by Councilmember Juenemann City Council 04 -25 -05 Ayes -All 23 County Road D Court - City Project 04 -06 — Resolutions (2) Ordering Preparation of Assessment Roll, and Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for County Road D Court Improvements, Protect 04- 06- Ordering the Preparation of Assessment Roll and Ordering the Assessment Hearing for 7:00 p.m. Monday. June 13, 2005. RESOLUTION 05 -04 -058 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Court Improvements, Project 04 -06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach Ayes -All RESOLUTION 05 -04 -059 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the County Road D Court Improvements, Project 04 -06, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13` day of June 2005, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. TH 61 Frontage Road Improvements - City Project 04 -25 — Resolutions (3), Ordering Preparation of Assessment Roll, Accepting Assessment Roll and Ordering Assessment Hearing City Manager Fursman presented the staff report. City Council 04 -25 -05 24 Public Works Director AN presented specifics from the report. Councilmember Rossbach Preparation of Assessment roll and Ordering the Assessment Hearing for 7:15 p.m. Monday, June 13, 2005: RESOLUTION 05 -04 -060 REVISING PROJECT FINANCING PLAN FOR T.H. 61 EAST FRONTAGE ROAD IMPROVEMENTS, CITY PROJECT 04 -25 WHEREAS, on December 13` 2004, the City Council of Maplewood, Minnesota had heretofore ordered the Improvement of T.H. 61 East Frontage Road Improvements, Project 04- 25, and authorized the finance director implement a financing plan for the project, and WHEREAS, during the design process it the Engineer determined that it was necessary to make revisions to the design and scope of the project, thus increasing the estimated cost of the project, and WHERAS, it is now expedient that the financing plan for the project be revised to reflect the revised project costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the T.H. 61 East Frontage Road Improvements, Project 04 -25 as follows: Approved Funding Assessments: Cooperative Agreement Funds: Tax Levy Revised Funding $275,000 81,085 0 $356,085 RESOLUTION 05 -04 -061 ORDERING PREPARATION OF ASSESSMENT ROLL $306,400 75,000 39,700 $421,100 WHEREAS, the city clerk and city engineer will receive bids for the T.H. 61 East Frontage Road Improvements, Project 04 -25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION 05 -04 -062 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the T.H. 61 East Frontage Road Improvements, Project 04 -25, and the said assessment roll is on file in the office of the city engineer. City Council 04 -25 -05 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13` day of June 2005, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 4. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Koppen Ayes -All Hazelwood Street Improvements - City Project 03 -39 — Resolution Ordering Assessment Hearing City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for Hazelwood Street improvements, Project 03- 39- Ordering the Assessment Hearing for 7:00 p.m., Monday. May 23, 2005 and Revising the protect financing plan: RESOLUTION 05 -04 -063 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 03- 39, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 23r day of May 2005, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 5. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. City Council 04 -25 -05 26 RESOLUTION 05 -04 -064 REVISING PROJECT FINANCING PLAN FOR HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 03 -39 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood Street Improvements, project 03 -39 and authorized the finance director implement a financing plan for the project, and WHEREAS, the City Council of Maplewood, Minnesota has entered into developer agreements with Southwinds Builders Inc., and WHEREAS, said agreements waive the amount proposed to be assessed to the affected parcels under the Hazelwood Street Improvements, Project 03 -39, and WHEREAS, the waiver of these assessments affects the financing plan for the Hazelwood Street Improvements, Project 03 -39 it is now expedient that the financing plan for the project be revised to reflect the reduction in proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the Hazelwood Street Improvements, Project 03 -39 as follows: Street and Storm Assessments: $ 326,941 (23 %) Municipal State Aid Bonds: $1,016,911 (71%) Tax Abatement Fund (# 432): $79,948 (6 %) Total: $1,423,800 (100 %) Seconded by Councilmember Juenemann Ayes -All 10. Dahl Avenue Improvements (Woodhill Development) - City Project 05 -10 — Resolution Accepting Report and Calling for Public Hearing City Manager Fursman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen RESOLUTION 05 -04 -065 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted April 11, 2005, a report has been prepared by the city engineering division with reference to the improvement of Dahl Avenue, City Project 05 -10, and this report was received by the council on April 25, 2005, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: City Council 04 -25 -05 27 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $599,700. 2. A public hearing shall be held on such proposed improvement on the gth day of May 2005 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Rossbach Ayes-All 1 TA1.1rtl:a:j:l:&I:I, III re 1 111I[•]kill None M. COUNCIL PRESENTATIONS Earth Day at the Maplewood Community Center - Councilmember Juenemann relayed information regarding the event and extended her thanks to the staff who organized the event and all who attended. 2005 Citizens Police Academy — Councilmember Juenemann provided details on the 2005 Citizens Police Academy. Classes will be held Thursday nights, 6:30 p.m. to 9:30 p.m. at Fire Station #2, September 81h through November 3r Further information may be found on the city website and in the City News publication. Birthday of Former Mayor Rossbach —Mayor Cardinal informed council that former Mayor George Rossbach's birthday is tomorrow (April 26` N. ADMINISTRATIVE PRESENTATIONS None 161 1111I16111N.IMI=1. III 1 Mayor Cardinal moved to adjourn the meeting at 10:52 p.m. Seconded by Councilmember Juenemann Ayes-All City Council 04 -25 -05 28 Agenda Item F1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Planning Commission Resignations DATE: April 19, 2005 INTRODUCTION Jeff Bartol and Daniel Lee have resigned from the planning commission. I have attached their letters of resignation and a resolution of appreciation for each of them. COMMISSION ACTION On April 18, 2005, the planning commission recommended approval of the two resolutions of appreciation. RECOMMENDATIONS A. Approve the resolution of appreciation on page four for Jeff Bartol. B. Approve the resolution of appreciation on page five for Daniel Lee. kr /p:planning commission /peresig4.mem Attachments: 1. Jeff Bartol Letter of Resignation 2. Daniel Lee Letter of Resignation 3. Jeff Bartol Resolution of Appreciation 4. Daniel Lee Resolution of Appreciation APP ? t,. - Mayor, Robert Cardinal and the City Council Chairperson, Lorraine Fischer and the Planning Commission Melinda Coleman, Ken Roberts and other City Staff Members To all it may concern — and to all I've enjoyed working with: Barring any extreme situations, I will expect Monday, April 04, 2005 to be my last official planning commission meeting. W Attachment 2 4 t 3 I 2- IU Cat k I t V vt c%- vo- '6- a-% a:7' v" \..,f 9 x o:- A- a: vin Lot," pir t I "n-o, t— GO C 1 'it vs " i kv 10Z 'j lil c O 1 'o- i....:%,.'1:.:` o� l::' uso C� lo:C Cc e- V 6 f1t; n t V n My WK a - 'r In r 5. , f- o, U-, -t 4 t 3 Attachment 3 JOLN'T RESOL UTION OF APPRECIA TION I Jeffl?art of has been a member of the , Veipfcetiood Planning Commission since Deceinher 8, 2003 and has served in that calve qY to the present tone; and I'VIIEREAS, the Planning Commeesaon has appreciated his experience, insights and goon Jutigmells' and J111FRFAS, he has -cclV given of his lone and energy, without compensation, for the betterment of the Ca . 1- of hiplett-ood: and W11FREAS It( has shown sincere dedication to hey duties and has consistentiv cownhatcaf his leaderihi nic an ef 0 the ben efi p a pt,ler , t of the Cot. NOIV, TfIrRFFORE, for and on behalf qfAl City , of Afaplcl+(J0tl, Alinnesoul andils our heartfelt gi and appreciation for his dedicated service, and we wish him continued success in the future. Passed 1) , v the Maplewood Ceti' Council on Rohert Cardinal, .flavor Passed hv the Alupleirood Planning commission, on Lorraine Fischer, Chatiperson Ailest" Karen Guilfoilc, Co Cork 51 Attachment 4 JOINT RFSOLUTION OF APPRECIA TIO. THIEREAS, Daniel Lee has been a inetuber oj' the .Wapki�ood Phlrnin� Cononission since Alay 24, 2004alul has servell in that capacity to the present tune; and TVIIEREAS, the Planning Clsoullection has appreciated his esperience, zags q,�htr and , Ood ludiencut ivid kil"HE'REAS, he has j frecl , v ghvPl Of his onle and energv, without Collipensation,J61 the betternient of tile Cel of Alu and Wljj he has shoiinsuicere dedication to his dwics and has i-onsistentlY cowrihuted his leadership, tune and qffortfer the benefit of the City. THEREFORE, ITIS HE'REBY RFSOL VED,fin- furd on behClIj'(;j'the City of .4laialewoncl, Allinliesoia and its citc:ens. that Daniel Lee is hereb,V extellikel our heartfel gratiesdo and appreciation for his dedicated servic and wo as ish hen Continliedsuccess in the future, Mussed by the "I'luplelvocid Cite' Council Ott Robert Carstoell, Mayor Passed by the Maplewood Planning Commission on Lorraine Fetcher, Chairperson "Ittest. Kare Ginitfoile, Cliv Clef-A 5 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 18, 2005 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Eric Ahlness Absent Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Present Chairperson Lorraine Fischer Present Commissioner Michael Grover Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary Erin Laberee Staff Engineer Resolutions of Appreciation — Jeff Bartol and Daniel Lee Mr. Roberts said Jeff Bartol and Daniel Lee have resigned from the planning commission. Mr. Roberts attached their letters of resignation and a resolution of appreciation for each of them. Commissioner Trippler moved to approve the resolution of appreciation for Jeff Bartol and Daniel Lee. Commissioner Grover seconded. Ayes - Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item goes to the city council on May 9, 2005. AGENDA NO. Gl AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 9, 2005 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: $ 373.26 Checks # 66761 dated 4/19/05 $ 117,564.61 Checks # 66762 thru # 66819 dated 4/22/05 thru 4/26/05 $ 157,954.09 Disbursements via debits to checking account dated 4/14/05 thru 4/21/05 $ 160.00 Checks # 66820 dated 4/27/05 $ 428,734.46 Checks # 66821 thru # 66881 dated 5/03/05 $ 289,574.86 Disbursements via debits to checking account dated 4/22/05 thru 4/27/05 $ 994,361.28 Total Accounts Payable PAYROLL $ 548,629.43 Payroll Checks and Direct Deposits dated 04/22/05 $ 3,855.39 Payroll Deduction check # 101163 thru # 101166 dated 04/22/05 $ 552,484.82 Total Payroll $ 1,546,846.10 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questior on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments ciMy Documents \Excel \Miscellaneous \05- AprClms 04 -22 and 04 -29 Check Register City of Maplewood vchlist 04/22/2005 12:13:35 PM Check Date Vendor 66761 4/19/2005 03327 US BANK 66762 4/22/2005 01401 FIRST STUDENT INC 66763 4/22/2005 02033 MN TWINS 66764 4/26/2005 00014 AT&T 66765 4/26/2005 01908 ADMINISTRATION, DEPT OF 66766 4/26/2005 00111 ANIMAL CONTROL SERVICES INC 66767 4/26/2005 03375 ASHBY, MARK 66768 4/26/2005 00135 ASSN OF TRNG OFFICERS OF MN 66769 4/26/2005 03349 AUGIE'S MOBILE CHEF, CATERING 66770 4/26/2005 00162 BAUMAN, GAYLE 66771 4/26/2005 00178 BERGGREN, GORDON 66772 4/26/2005 01936 BERGO, CHAD 66773 4/26/2005 01811 BERNATELLO'S PIZZA INC 66774 4/26/2005 00230 BRYAN ROCK PRODUCTS, INC. 66775 4/26/2005 00241 CSI SOFTWARE 66776 4/26/2005 00426 DUELLMAN, KIRK 66777 4/26/2005 01372 DYNAMEX DELIVERS NOW 66778 4/26/2005 03365 FRANZEN, NICK 66779 4/26/2005 00589 GRAF, DAVE 66780 4/26/2005 03376 GREGORY CONNOR CONSULTING 66781 4/26/2005 03224 HARRIS - BILLINGS CO INC, THE 66782 4/26/2005 00667 HEWLETT PACKARD 66783 4/26/2005 02037 HUMAN SERVICES, DEPT OF 66784 4/26/2005 00720 INDEPENDENT SCHOOL DIST #623 66785 4/26/2005 00856 LE, SHERRIE L 66786 4/26/2005 00908 M R P A 66787 4/26/2005 00932 MAPLEWOOD BAKERY 66788 4/26/2005 00945 MASYS CORP 66789 4/26/2005 00986 METROPOLITAN COUNCIL 66790 4/26/2005 01018 MINNEAPOLIS FINANCE DEPT 66791 4/26/2005 01126 MN NCPERS LIFE INSURANCE 66792 4/26/2005 03377 MN POLICE RESERVE OFFICER ASSN 66793 4/26/2005 03248 MUSIC MAGIC 66794 4/26/2005 01175 NORTH ST PAUL, CITY OF 66795 4/26/2005 00001 ONE TIME VENDOR 66796 4/26/2005 00001 ONE TIME VENDOR 66797 4/26/2005 00001 ONE TIME VENDOR 66798 4/26/2005 00001 ONE TIME VENDOR 66799 4/26/2005 00001 ONE TIME VENDOR 66800 4/26/2005 00001 ONE TIME VENDOR 66801 4/26/2005 01254 PEPSI -COLA COMPANY 66802 4/26/2005 01295 PREMIER BANK 66803 4/26/2005 00396 PUBLIC SAFETY, DEPT OF 66804 4/26/2005 01359 REGAL AUTO WASH DETAIL XX 66805 4/26/2005 01340 REGIONS HOSPITAL 66806 4/26/2005 01360 REINHART FOODSERVICE 66807 4/26/2005 02001 ROSEVILLE, CITY OF 66808 4/26/2005 01463 SISTER ROSALIND GEFRE 66809 4/26/2005 01504 ST PAUL, CITY OF Description /Account CERTIFIED CHK- US TREASURY FREIGHT BUS FOR DARE TWINS TRIP 4/22 DARE TWINS GAME 4/22 MANAGED INTERNET SRVS - MAR HARBOR MONTHLY BACKUP - MAR PATROL & BOARDING FEES -4/1 TO 4/10 PATROL & BOARDING FEES -4/11 TO 4/15 IMPOUND LOT LEASE -APR MANAGEMENT TRAINING - 7 MERCH FOR RESALE MERCH FOR RESALE REIMB FOR MILEAGE 4/20 NAME SIGNS - 3 REIMB INTERNET & MILEAGE -APR MERCH FOR RESALE MERCH FOR RESALE ROCK ANNUAL MAINT - MAY REIMB FOR MISC PARTS DOCUMENT DELIVERY REIMB INTERNET & MILEAGE - MAR KARATE INSTRUCTOR -APR TRAINING - 1 PARTITIONS DESKTOP PC AS QUOTED, MS WINDOWS XP REF AMB 05000172 A LEGATT POOL RENTAL REIMB FOR MEALS & TAXI - 4/8 TO 4/14 AQUATIC CONFERENCE - 1 BIRTHDAY CAKES BIRTHDAY CAKES STRATUS SOFTWARE MAINT - MAY MONTHLY SAC - MAR AUTOMATED PAWN FEE - MAR PERA LIFE INSURANCE RESERVE OFFICER TRAINING - 1 DJ FOR DANCE 4/29 MONTHLY UTIL - BILL DATE 4/15 REF PREFERRED ONE - AMB 04007520 REF 3M - COMPREHENSIVE SIGN FEE REF MARK DUXBURY - MCC RENTAL REF JEFF JOHNSON - SWIM LESSONS REF DENISE HALL - MEMBERSHIP REF CHRIS SIEWERT - MEMBERSHIP MERCH FOR RESALE SAFETY DEPOSIT BOX #424 TRAINING - 1 LATE PAYMENT CHARGE LATE PAYMENT CHARGE CAR WASHES - MAR PALS TRAINING PARAMEDIC SUPPLIES MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE JOINT POWERS AGREEMENT MIS - APR MCC MASSAGES - MAR MONTHLY WIRELESS REPORT - MAY CRIME LAB SERVICES - FEB RADIO SRV & MAINT - MAR CRIME LAB SRVS - MAR Amount 373.26 460.00 1,520.00 1,013.60 2,295.43 791.98 436.19 1,000.00 4,375.00 18.48 18.48 8.10 60.00 67.74 373.50 216.00 253.90 3,204.00 76.05 41.89 67.09 139.75 175.00 2,317.44 5,086.44 120.56 45.00 115.46 125.00 79.25 45.75 738.68 27,571.50 607.00 293.00 40.00 300.00 2,122.87 888.12 190.00 103.84 55.00 55.00 30.00 754.35 120.00 120.00 12.20 8.58 199.81 1,560.00 1,533.22 200.95 212.48 206.60 625.00 2,804.00 3,798.00 230.00 848.44 330.00 iII Check Date Vendor Description /Account Amount MEDICAL SUPPLIES 417.74 66810 4/26/2005 01859 STARTRAC SPINNING BIKES 19,904.85 66811 4/26/2005 01572 SYSTEMS SUPPLY, INC. INKCARTRIDGES 259.56 TONER & INK CARTRIDGES 206.59 INK CARTRIDGES 296.86 66812 4/26/2005 02069 ULTIMATE DRAIN SERVICES INC PROJ 04 -15 TELEVISE SEWER 195.00 PROJ 04 -15 TELEVISE SEWER 201.00 66813 4/26/2005 02685 UNITED RENTALS HIGHWAY TECH MISC SUPPLIES 44.73 66814 4/26/2005 03084 USSSA, M R P A SOFTBALL TEAMS SANCTION FEES 1,980.00 66815 4/26/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 360.00 66816 4/26/2005 01750 WATSON CO INC, THE MERCH FOR RESALE 271.03 MERCH FOR RESALE 252.58 66817 4/26/2005 02410 WELLS FARGO LEASING INC RICOH COPIER LEASE 4/9 - 5/9 1,467.57 66818 4/26/2005 03378 WOEHRLE, MATT REIMB FOR BOOTS 126.65 66819 4/26/2005 01190 XCELENERGY MONTHLY UTIL - STMT DATE 4 /5/05 439.90 MONTHLY UTIL - STMT DT 4/5 43.80 MONTHLY UTIL - STMT DATE4 /6/05 10,976.04 MONTHLY UTIL - STMT DATE 4 /6/05 8,378.40 MONTHLY UTIL - STMT DATE 4/8 636.59 59 Checks in this report Total checks : 117,937.87 9 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/13/05 04/14/05 MN State Treasurer 04/11/05 04/14/05 ARC Administration 04/14/05 04/15/05 MN State Treasurer 04/11/05 04/15/05 MN Dept of Revenue 04/14/05 04/15/05 MN Dept of Natural Resources 04/15/05 04/18/05 MN State Treasurer 04/18/05 04/19/05 MN State Treasurer 04/06/05 04/19/05 MN Dept of Revenue 04/19/05 04/20/05 MN State Treasurer 04/20/05 04/21/05 MN State Treasurer 04/15/05 04/21/05 Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar DCRP & Flex plan payments Drivers License /Deputy Registrar MN Care Tax DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Sales Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items *Detailed listings of Elan purchasing card items are attached. Amount 14,998.69 1,688.30 15, 346.13 4,112.61 1,419.00 15,322.00 14,446.25 9,125.00 17,916.76 12,416.11 51.163.24 157,954.09 H Transaction Review For Transactions posted between 04/02/2005 to 04/15/2005 Post Date Vendor Name 04/04/2005 04/07/2005 04/04/2005 04/08/2005 04/08/2005 04/06/2005 04/12/2005 04/04/2005 04/04/2005 04/11 /2005 04/15/2005 04/15/2005 04/04/2005 04/06/2005 04/06/2005 04/06/2005 04/08/2005 04/08/2005 04/11 /2005 04/11 /2005 04/11 /2005 04/11 /2005 04/12/2005 04/12/2005 04/13/2005 04/15/2005 04/04/2005 04/04/2005 04/04/2005 04/05/2005 04/06/2005 04/07/2005 04/07/2005 04/08/2005 04/11 /2005 04/11 /2005 04/11 /2005 04/12/2005 04/14/2005 04/06/2005 04/13/2005 04/14/2005 04/15/2005 04/07/2005 04/07/2005 04/07/2005 04/08/2005 04/08/2005 04/08/2005 04/08/2005 04/14/2005 04/04/2005 FCC FRANKLIN COVEY CLG VERIZON WRLS I2KW SPRINT PCS- 996 -SP NR G & K SERVICES 006 G & K SERVICES 006 TAPCOINC STREICHERS POLICE EQUIPM WAL -MART STORES, INC WAL MART JOANN ETC # 1902 TARGET 00011858 TARGET 00011858 MN PHOTO MN PHOTO AIRGAS NORTH CENTRAL 302 COPYMED, INC. BOUND TREE MEDICAL LLC SHRED -IT UNIFORMS UNLIMITED INC MN PHOTO UNIFORMS UNLIMITED INC MINNESOTA YOUTH 101 OF Of TGI_FRIDAYS #0260 AMOCO OIL 09503665 MN PHOTO MN PHOTO HENRIKSEN ACE HARDWARE STATE SUPPLY CO. INC HENRIKSEN ACE HARDWARE EL REINHARDT COMPANY INC STATE SUPPLY CO. INC SHERWIN WILLIAMS #3127 BRIN NORTHWESTERN GLAS CENTRAL LOCK & SAFE CO US WATER SERVICES PRIORTIY COURIER POOLSIDE VERIZON WRLS I2KW HENRIKSEN ACE HARDWARE MILLS FLEET FARM #27 MENARDS 3059 OFFICE MAX 00002204 OFFICE MAX 00002204 LTG POWER EQUIPMENT NORTHERN TOOL EQUIPMNT TWIN CITY SAW MILLS FLEET FARM #27 MENARDS 3059 MENARDS 3059 MENARDS 3059 MENARDS 3022 DEX EAST - LOCKBOX Settlement Amt Cardholder Name 4/22/2005 41.42 R CHARLES AHL 73.64 R CHARLES AHL 30.00 BRUCE K ANDERSON 300.98 BRUCE K ANDERSON 886.25 BRUCE K ANDERSON 155.91 SCOTTANDREWS 174.50 SCOTT ANDREWS -27.88 MANDY ANZALDI 21.88 MANDY ANZALDI 31.96 MANDY ANZALDI 12.47 MANDY ANZALDI 6.33 MANDY ANZALDI 4.93 JOHN BANICK 5.21 JOHN BANICK 940.74 JOHN BANICK 18.33 JOHN BANICK 1,410.85 JOHN BANICK 119.88 JOHN BANICK 1,320.78 JOHN BANICK 6.23 JOHN BANICK It 1.50 JOHN BANICK l 19.00 JOHN BANICK 10.75 JOHN BANICK 30.00 JOHN BANICK 5.76 JOHN BANICK 13.13 JOHN BANICK 21.44 JIM BEHAN 151.83 JIM BEHAN 212.99 JIM BEHAN 795.56 JIM BEHAN 19.99 JIM BEHAN 69.33 JIM BEHAN 495.00 JIM BEHAN 255.00 JIM BEHAN 967.88 JIM BEHAN 96.81 JIM BEHAN 93.51 JIM BEHAN 45.13 JIM BEHAN 75.31 JIM BEHAN 54.95 ROGER BREHEIM 27.56 ROGER BREHEIM 18.08 ROGER BREHEIM 5.31 ROGER BREHEIM 34.08 TROY BRINK 202.34 TROY BRINK 83.26 TROY BRINK 11.44 TROY BRINK 81.43 TROY BRINK 60.61 TROY BRINK 5.85 TROY BRINK 94.70 TROY BRINK 60.20 HEIDI CAREY 5 Post Date Vendor Name 04/05/2005 04/08/2005 04/13/2005 04/07/2005 04/04/2005 04/14/2005 04/13/2005 04/04/2005 04/04/2005 04/06/2005 04/06/2005 04/11 /2005 04/11 /2005 04/15/2005 04/15/2005 04/04/2005 04/05/2005 04/11/2005 04/07/2005 04/15/2005 04/15/2005 04/11 /2005 04/12/2005 04/11 /2005 04/04/2005 04/04/2005 04/08/2005 04/08/2005 04/12/2005 04/12/2005 04/04/2005 04/04/2005 04/12/2005 04/13/2005 04/05/2005 04/06/2005 04/06/2005 04/08/2005 04/14/2005 04/04/2005 04/13/2005 04/07/2005 04/13/2005 04/14/2005 04/04/2005 04/05/2005 04/11 /2005 04/13/2005 04/08/2005 04/07/2005 04/08/2005 04/13/2005 04/15/2005 04/06/2005 04/11/2005 04/12/2005 FACTORY CARD OUTLET #284 DGI DYNAMIC GRAPHICS UNISOURCE/TURNQUIST CORNERSTONE COPY CENTER NEXTEL WIRELESS SVCS VERIZON WRLS I2KW CRAGUNS LODGE AND GOLF RE YEDIOTH AHARONOT TEL AV GE CAPITAL ANDON INC. PIONEER PRESS SUB SCRIPTI WMS WASTE MGMT WMEZPAY AMERICAN REGISTRY BLOOMINGTON SECURITY SOLU OFFICE MAX 00002204 ABLE HOSE & RUBBER, INC HEJNY RENTAL NORTHERN TOOL EQUIPMNT CUB FOODS, INC. THE HOME DEPOT 2801 RED WING SHOE STORE UNIFORMS UNLIMITED INC VRZN WRLS VZSRVE W SENSIBLE LAND USE COAL CUB FOODS, INC. INTL CODE COUNCIL INC G & K SERVICES 006 G & K SERVICES 006 WASTE MANAGEMENT WASTE MANAGEMENT DR DIGIBUY.COM INSIGHT PUBLIC SECTOR MEMORYX NET SYX TIGERDIRECT.COM S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS PAKOR INC S & T OFFICE PRODUCTS ST PAUL STAMP WORKS IN SPRINTPCS AUTOPYMT RCI CRAGUNS LODGE AND GOLF RE RYCO SUPPLY COMPANY MENARDS 3089 THE HOME DEPOT 2810 BATTERIES PLUS NATL FIRE PROTECTION NFPA NATL FIRE PROTECT LAKE ELMO CHRYSLER S & T OFFICE PRODUCTS TARGET 00011858 S S S ARTS CRAFT TARGET 00011858 SSI SPORTIME BROADWAY BAR & PIZZA PROPERTYKEY.COM, INC. VERIZON WRLS I2KW Settlement Amt Cardholder Name 17.89 HEIDI CAREY 79.00 HEIDI CAREY 534.52 HEIDI CAREY 30.89 STEVE CARLSON 192.19 CHRISTOPHER CAVETT 28.42 CHRISTOPHER CAVETT 125.00 MELINDA COLEMAN 120.36 LINDA CROSSON 149.10 LINDA CROSSON 77.75 LINDA CROSSON 416.00 LINDA CROSSON 824.88 LINDA CROSSON 128.00 LINDA CROSSON 147.24 LINDA CROSSON 7.44 JOHN DUCHARME 56.73 DOUG EDGE 184.78 DAVE EDSON 6.38 DAVE EDSON 102.65 THOMAS G EKSTRAND 36.06 ANDREW ENGSTROM 130.90 ANDREW ENGSTROM 30.95 PAUL E EVERSON 73.20 DANIEL F FAUST 30.00 SHANN FINWALL 40.39 DAVID FISHER 135.99 DAVID FISHER 755.80 DAVID FISHER 419.22 DAVID FISHER 337.14 DAVID FISHER 337.14 DAVID FISHER 850.93 MYCHAL FOWLDS 201.01 NICK FRANZEN 88.96 NICK FRANZEN 405.95 NICK FRANZEN 84.50 PATRICIA FRY 3 9.5 8 PATRICIA FRY 63 9.3 8 PATRICIA FRY 11.34 PATRICIA FRY 48.75 PATRICIA FRY 89.71 RICHARD FURSMAN 125.00 RICHARD FURSMAN 26.73 VIRGINIA GAYNOR 63.44 VIRGINIA GAYNOR 131.42 VIRGINIA GAYNOR 10.64 CLARENCE GERVAIS 277.05 CLARENCE GERVAIS 135.00 CLARENCE GERVAIS 230.04 CLARENCE GERVAIS 82.28 JEAN GLASS 39.67 MIKE GRAF 147.43 MIKE GRAF 30.87 MIKE GRAF 81.30 MIKE GRAF 77.80 KAREN E GUILFOILE 50.00 KAREN E GUILFOILE 63.52 KAREN E GUILFOILE 11 Post Date Vendor Name 04/07/2005 04/05/2005 04/13/2005 04/15/2005 04/15/2005 04/06/2005 04/06/2005 04/07/2005 04/07/2005 04/07/2005 04/04/2005 04/06/2005 04/11/2005 04/11/2005 04/12/2005 04/15/2005 04/15/2005 04/04/2005 04/11/2005 04/12/2005 04/15/2005 04/08/2005 04/13/2005 04/04/2005 04/07/2005 04/08/2005 04/13/2005 04/12/2005 04/13/2005 04/08/2005 04/11/2005 04/11/2005 04/04/2005 04/08/2005 04/11 /2005 04/05/2005 04/06/2005 04/08/2005 04/13/2005 04/13/2005 04/15/2005 04/07/2005 04/11/2005 04/12/2005 04/12/2005 04/14/2005 04/04/2005 04/04/2005 04/06/2005 04/06/2005 04/07/2005 04/08/2005 04/08/2005 04/11 /2005 04/11/2005 04/12/2005 UNIFORMS UNLIMITED INC XPEDX S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS LILLIE SUBURBAN NEWSP NEEDELS SUPPLY INC MENARDS 3059 SEARS ROEBUCK 1052 SEARSROEBUCK 1122 SEARSROEBUCK 1122 ADT SECURITY SERVICES HP DIRECT - PUBLICSECTOR OFFICE MAX 00002204 BEST BUY 00000109 NEXTEL WIRELESS SVCS OLD CHICAGO 47 INDIA GRILL FEDEX KINKO'S #0617 MILL END TEXTILES ST PAUL NEXTEL WIRELESS SVCS FEDEX KINKO'S #0617 MICHAELS #2744 RED WING SHOE STORE DALCO ENTERPRISES, INC DALCO ENTERPRISES, INC DALCO ENTERPRISES, INC CINTAS FIRST AID #0431 HEJNY RENTAL OFFICE MAX 00002204 MICHAELS #2744 CUB FOODS, INC. MAD DOGG ATHLETICS INC - UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC SIRCHIE FINGERPRINT LABS MENARDS 3022 MENARDS 3022 MENARDS 3022 CARQUE ST #2110 THE HOME DEPOT 2801 WHITE BEAR ACE HARDWAR EMERGENCY APPARATUS MAINT CUB FOODS, INC. NEXTEL WIRELESS SVCS WASTE MANAGEMENT VERIZON WRLS I2KW METRO ATHLETIC SUPPLY INC NORTHERN TOOL EQUIPMNT HENRIKSEN ACE HARDWARE LUNDE MFG HUGOS TREE CARE GALLES CORPORATION G & K SERVICES 006 LESCO SC 0530 ICI- DULUX- PAINTS #0092 WASTE MANAGEMENT Settlement Amt Cardholder Name 133.45 JODI HALWEG 447.00 LORI HANSEN -88.66 LORI HANSON 51.06 LORI HANSON 1,544.06 LORI HANSON 64.14 MICHAEL HEMQUIST 55.87 MICHAEL HEMQUIST 23.28 MICHAEL HEMQUIST 72.11 MICHAEL HEMQUIST 36.51 MICHAEL HEMQUIST 157.28 STEVE HURLEY 312.05 STEVE HURLEY 53.24 STEVE HURLEY 66.01 STEVE HURLEY 52.14 STEVE HURLEY 11.49 STEVE HURLEY 15.95 STEVE HURLEY 6.36 ANN E HUTCHINSON 6.07 ANN E HUTCHINSON 32.16 ANN E HUTCHINSON 17.04 ANN E HUTCHINSON 11.67 SCOTT JACOBSON 130.90 SCOTT JACOBSON 80.66 DAVID JAHN 441.70 DAVID JAHN - 167.57 DAVID JAHN 32.35 MICHAEL KANE 79.88 FLINT KARIS 158.69 FLINT KARIS 18.55 MARY B KOEHNEN 15.01 MARY B KOEHNEN 37.95 MARY B KOEHNEN 23.90 DAVID KVAM 11.72 DAVID KVAM 326.66 DAVID KVAM 242.37 DENNIS LINDORFF 88.08 DENNIS LINDORFF 4.98 DENNIS LINDORFF 19.31 DENNIS LINDORFF 5.84 DENNIS LINDORFF 22.35 DENNIS LINDORFF 47.36 STEVE LUKIN 27.59 STEVE LUKIN 768.77 STEVE LUKIN 257.78 STEVE LUKIN 59.23 STEVE LUKIN 2,790.30 MARK MARUSKA 18.08 MARK MARUSKA 259.05 MARK MARUSKA 457.28 MARK MARUSKA 213.00 MARK MARUSKA 365.02 MARK MARUSKA 608.97 MARK MARUSKA 321.67 MARK MARUSKA 1,259.60 MARK MARUSKA 132.19 MARK MARUSKA 7 Post Date Vendor Name 04/13/2005 04/14/2005 04/14/2005 04/04/2005 04/04/2005 04/04/2005 04/11/2005 04/13/2005 04/14/2005 04/07/2005 04/14/2005 04/15/2005 04/08/2005 04/13/2005 04/04/2005 04/06/2005 04/07/2005 04/07/2005 04/08/2005 04/08/2005 04/08/2005 04/08/2005 04/14/2005 04/15/2005 04/15/2005 04/13/2005 04/14/2005 04/04/2005 04/07/2005 04/08/2005 04/04/2005 04/04/2005 04/05/2005 04/07/2005 04/15/2005 04/11/2005 04/07/2005 04/08/2005 04/11/2005 04/12/2005 04/04/2005 04/04/2005 04/06/2005 04/08/2005 04/08/2005 04/08/2005 04/11/2005 04/11/2005 04/13/2005 04/14/2005 04/13/2005 04/04/2005 04/06/2005 04/06/2005 04/06/2005 04/07/2005 ON SITE SANITATION, IN VERIZON WRLS I2KW LESCO SC 0530 CENTURY COLLEGE CONTINUIN CENTURY COLLEGE CONTINUIN CENTURY COLLEGE CONTINUIN CUB FOODS, INC. CUB FOODS, INC. VERIZON WRLS I2KW KATH AUTO PARTS DIAMOND VOGEL PAINTS #807 CUB FOODS, INC. S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS OFFICE MAX 00002204 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS G & K SERVICES 006 G & K SERVICES 006 G & K SERVICES 006 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS OFFICE MAX 00002204 S & T OFFICE PRODUCTS VIKING INDUSTRIAL CENTER GRUBERS POWER EQUIPMENT CANVAS WORLD CUSTOM HEADSETS INC APCO INTERNATIONAL NAPA AUTO PARTS # 28438 WALGREEN 00016873 MENARDS 3059 EMERGENCY MEDICAL PROD EMERGENCY MEDICAL PROD PROPERTYKEY.COM, INC. THE HOME DEPOT 2801 MENARDS 3059 THE HOME DEPOT 2801 NRGPS ST PAUL TRANSFER JAVA INC. INTER - AMERICAN SECURITY MEDCO SUPPLY FEDEX 057- 700007805 FEDEX 3 05 - 5094 1673 9 STONERINC HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE BEST BUY 00000109 SAFETYSIGNS.COM CINTAS FIRST AID #0431 ASPEN EQUIPMENT CO SUNRAY BTB FACTORY MOTOR PARTS KATH AUTO PARTS KATH AUTO PARTS Settlement Amt Cardholder Name 2.17 MARK MARUSKA 36.22 MARK MARUSKA 331.53 MARK MARUSKA 125.00 JON A MELANDER 125.00 JON A MELANDER 125.00 JON A MELANDER 36.99 ALEISA METRY 59.88 ALEISA METRY 61.83 ED NADEAU 108.63 BRYAN NAGEL 1,554.58 BRYAN NAGEL 11.28 BRYAN NAGEL 69.41 JEAN NELSON 17.38 JEAN NELSON 3 6.3 9 AMY NIVEN 293.43 AMY NIVEN 338.49 AMY NIVEN 33.40 AMY NIVEN 404.24 AMY NIVEN 127.95 AMY NIVEN 245.95 AMY NIVEN 5.96 AMY NIVEN 16.70 AMY NIVEN 7.44 AMY NIVEN 1. 19 AMY NIVEN 46.53 RICHARD NORDQUIST 39.50 RICHARD NORDQUIST 276.90 ERICK OSWALD 129.93 MARSHA PACOLT 329.00 MARSHA PACOLT 53.79 KURT PARSONS 34.24 KURT PARSONS 24.19 KURT PARSONS 591.43 KURT PARSONS 76.15 KURT PARSONS 50.00 DENNIS PECK 6.12 ROBERT PETERSON 42.34 ROBERT PETERSON 3 2.3 0 ROBERT PETERSON 36.25 ROBERT PETERSON 27.26 PHILIP F POWELL 370.00 PHILIP F POWELL 108.75 PHILIP F POWELL 7.06 PHILIP F POWELL 11.00 PHILIP F POWELL I 1 1.10 PHILIP F POWELL 2.53 PHILIP F POWELL 22.08 PHILIP F POWELL 179.73 PHILIP F POWELL 88.71 PHILIP F POWELL 22.52 WILLIAM J PRIEFER 30.71 STEVENPRIEM 54.86 STEVEN PRIEM 71.04 STEVEN PRIEM 48.03 STEVENPRIEM 180.24 STEVEN PRIEM N Post Date Vendor Name Settlement Amt Cardholder Name 04/08/2005 TOUSLEY FORD 127200039 9.61 STEVEN PRIEM 04/08/2005 GILLUND ENTERPRIZES 32.83 STEVENPRIEM 04/08/2005 KATH AUTO PARTS 198.36 STEVENPRIEM 04/08/2005 KATH AUTO PARTS 67.04 STEVEN PRIEM 04/11/2005 TRUCK UTILITE S INC 6.58 STEVENPRIEM 04/11/2005 HENRIKSEN ACE HARDWARE 9.20 STEVEN PRIEM 04 /11/2005 MACQUEEN EQUIPMENT INC 331.77 STEVENPRIEM 04/11/2005 KATH AUTO PARTS 9.78 STEVENPRIEM 04/12/2005 POLAR CHEVROLET 38.64 STEVEN PRIEM 04/13/2005 SUNRAY BTB 160.59 STEVENPRIEM 04/13/2005 PAM OIL INC 513.26 STEVENPRIEM 04/13/2005 KATH AUTO PARTS 189.04 STEVENPRIEM 04/13/2005 KATH AUTO PARTS 29.91 STEVENPRIEM 04/13/2005 KATH AUTO PARTS -42.60 STEVENPRIEM 04/15/2005 MACQUEEN EQUIPMENT INC 257.67 STEVENPRIEM 04/15/2005 MACQUEEN EQUIPMENT INC 352.37 STEVENPRIEM 04/11 /2005 SPARTAN PROMOTIONAL GRP 178.00 KEVIN RABBETT 04/08/2005 NOVACARE REFIB/HEALT 270.00 TERRIE RAMEAUX 04/04/2005 DALCO ENTERPRISES, INC 1,502.00 MICHAEL REILLY 04/04/2005 MENARDS 3059 18.58 MICHAEL REILLY 04/07/2005 DALCO ENTERPRISES, INC 57.00 MICHAEL REILLY 04/12/2005 DALCO ENTERPRISES, INC 106.44 MICHAEL REILLY 04/04/2005 THEATRE HOUSE 64.15 AUDRA ROBBINS 04/04/2005 SUPER-AMERICA 4520 10.99 AUDRA ROBBINS 04/04/2005 FACTORY CARD OUTLET #284 36.44 AUDRA ROBBINS 04/14/2005 4 ACE PRODUCTIONS 375.00 AUDRA ROBBINS 04/15/2005 NEWSPAPERCLASSIFIED AD 43.75 AUDRA ROBBINS 04/04/2005 THE HOME DEPOT 2801 12.16 JAMES SCHINDELDECKER 04/04/2005 THE HOME DEPOT 2801 36.34 JAMES SCHINDELDECKER 04/13/2005 NORTHERN TOOL EQUIP -MN 23.42 JAMES SCHINDELDECKER 04/14/2005 TWIN CITY HARDWARE 18.32 JAMES SCHINDELDECKER 04/14/2005 FRATTALLONE'S ACE FIDWE 4.16 JAMES SCHINDELDECKER 04/15/2005 ACE HARDWARE 7.46 JAMES SCHINDELDECKER 04/12/2005 S & T OFFICE PRODUCTS 174.05 DEB SCHMIDT 04/12/2005 S & T OFFICE PRODUCTS 54.58 DEB SCHMIDT 04/15/2005 SHRED -IT 33.30 DEB SCHMIDT 04/05/2005 GOPHER SPORT 146.24 RUSSELL L SCHMIDT 04/06/2005 SPORTSMITH LLC 152.40 RUSSELL L SCHMIDT 04/08/2005 CAPITOL COMMUNICATION 158.21 RUSSELL L SCHMIDT 04/14/2005 ARAMARK REF SVS #6013- 178.95 RUSSELL L SCHMIDT 04/04/2005 T- MOBILE 45.96 SCOTT SCHULTZ 04/07/2005 KATH AUTO PARTS 21.73 SCOTT SCHULTZ 04/12/2005 DAVIS WATER EQUIPMENT CO 1,129.21 SCOTT SCHULTZ 04/13/2005 DAVIS WATER EQUIPMENT CO - 1,129.21 SCOTT SCHULTZ 04/15/2005 DAVIS WATER EQUIPMENT CO 77.99 SCOTT SCHULTZ 04/08/2005 G & K SERVICES 006 155.46 GERALD SEEGER 04/04/2005 TARGET 00011858 23.39 MICHAEL SHORTREED 04/04/2005 S & T OFFICE PRODUCTS 47.03 ANDREA SINDT 04/04/2005 LBP LAW BLTN INDEX PUB 85.00 ANDREA SINDT 04/08/2005 T- MOBILE 24.92 ANDREA SINDT 04/11/2005 NEXTEL WIRELESS SVCS 457.72 ANDREA SINDT 04/12/2005 S & T OFFICE PRODUCTS 135.39 ANDREA SINDT 04/14/2005 VERIZON WRLS 12KW 45.13 ANDREA SINDT 04/08/2005 MENARDS 3022 25.17 RONALD SVENDSEN 04/12/2005 BATTERIES PLUS 94.76 RONALD SVENDSEN 04/12/2005 BATTERIES PLUS 79.86 RONALD SVENDSEN A Post Date Vendor Name 04/04/2005 04/06/2005 04/06/2005 04/06/2005 04/06/2005 04/06/2005 04/07/2005 04/08/2005 04/13/2005 04/13/2005 04/13/2005 04/13/2005 04/15/2005 04/06/2005 04/07/2005 04/11 /2005 04/11 /2005 04/11/2005 04/14/2005 04/04/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/11/2005 04/15/2005 04/06/2005 04/04/2005 04/04/2005 04/06/2005 04/08/2005 04/11 /2005 04/08/2005 FRANKLIN COVEY #7069 ASPEN MILLS 8005717343 ASPEN MILLS 8005717343 ASPEN MILLS 8005717343 MINN FIRE SVC CERT BOARD MINN FIRE SVC CERT BOARD W W W.COMMAND SCHOOL.COM VIKING ELECTRIC -DIST CNTR ANOKA HENNEPIN COLLEGE VIKING ELECTRIC -DIST CNTR VIKING ELECTRIC -DIST CNTR PHILIPS MEDICAL SYSTEMS PEN FDIC/FIRE ENGINEER HENRIKSEN ACE HARDWARE HIRSHFIELD'S MAPLEWOOD SIXTY I STOP INC ARM COM DISTRIBUTING CO HIRSHFIELD'S MAPLEWOOD CONSOLIDATED PLASTICS CO T- MOBILE QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN612 QWESTCOMM TN651 NORTHERN TOOL EQUIPMNT RAINBOW FOODS 00088617 OFFICE MAX 00002204 AAA ALL CITY VACUUM FLAGSTUFF AMERICA OFFICE MAX 00004622 CUP COUNTRY HOME PROD Settlement Amt Cardholder Name 38.94 AUSTIN SVENDSEN 89.90 AUSTIN SVENDSEN 220.70 AUSTIN SVENDSEN 44.95 AUSTIN SVENDSEN 55.00 AUSTIN SVENDSEN 55.00 AUSTIN SVENDSEN 720.00 AUSTIN SVENDSEN 36.27 AUSTIN SVENDSEN 139.00 AUSTIN SVENDSEN 31.95 AUSTIN SVENDSEN 489.37 AUSTIN SVENDSEN 549.11 AUSTIN SVENDSEN 60.00 AUSTIN SVENDSEN 348.56 LYLE SWANSON 58.27 LYLE SWANSON -8.49 LYLE SWANSON 186.55 LYLE SWANSON 3 8. 10 LYLE SWANSON 38.51 LYLE SWANSON 106.03 DOUGLAS J TAUBMAN 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 115.02 JUDY TETZLAFF 242.03 JUDY TETZLAFF 375.97 JUDY TETZLAFF 57.51 JUDY TETZLAFF 60.45 JUDY TETZLAFF 11.69 TODD TEVLIN 7.44 JOSEPH WATERS 10.69 JOSEPH WATERS 319.88 JOSEPH WATERS 32.95 JOSEPH WATERS -10.69 JOSEPH WATERS 64.70 SUSAN ZWIEG 51,163.24 10 vchlist 04/29/2005 1:44:20 PM Check Date Vendor Check Register City of Maplewood 66820 4/27/2005 03379 SUPERVALU INC 66821 5/3/2005 00052 ADVANCED GRAPHIX INC 66822 5/3/2005 02411 ALEX AIR APPARATUS INC 66823 66824 66825 66826 66827 66828 66829 66830 66831 66832 66833 66834 66835 66836 66837 66838 66839 66840 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 00111 ANIMAL CONTROL SERVICES INC 03375 ASHBY,MARK 00157 BARR ENGINEERING CO 00174 BELDE,STAN 00173 BELDEN, TIM 02914 BLUECROSS BLUESHIELD OF MN 00198 BOARD OF WATER COMMISSIONERS 00202 BOHL, JOHN 01922 BREHEIM, ROGER 00262 CARLE, JEANETTE 00278 CEAM 02929 CNAGLAC 00354 CUSTOM FIRE APPARATUS, INC. 00384 DE LAGE LANDEN FINANCIAL SRVS 00384 DE LAGE LANDEN FINANCIAL SRVS 00384 DE LAGE LANDEN FINANCIAL SRVS 00413 DON MARTY'S LANDSCAPING 00103 EARL F A N DERSON INC 66841 5/3/2005 66842 5/3/2005 66843 5/3/2005 66844 5/3/2005 66845 5/3/2005 00485 FBINAA NORTHWEST CHAPTER 03380 FIKE, KRISTINE 00529 FORTIS BENEFITS INSURANCE CO 00668 HIEBERT, STEVEN 00687 HUGO'S TREE CARE INC 66846 5/3/2005 02728 KIMLEY- HORN & ASSOCIATES INC 66847 66848 66849 66850 66851 66852 66853 66854 66855 66856 66857 66858 66859 66860 66861 66862 66863 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 03332 MC CARTY, GLEN 01819 MCLEOD USA 02364 MET LIFE 00983 METRO SALES INC 00985 METROPOLITAN COUNCIL 00997 MIDWEST CHILDREN'S RESOURCE CT 01035 MN CHAPTER IAAI 01085 MN LIFE INSURANCE 02144 MRCI 01213 OLSON, JULIE 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 01560 ONYX WASTE SRVS MIDWEST INC 01254 PEPSI -COLA COMPANY 66864 66865 66866 66867 66868 66869 66870 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 5/3/2005 03151 PETTY CASH 01283 POST BOARD 01340 REGIONS HOSPITAL 01360 REINHART FOODSERVICE 02161 RIBCO ENTERPRISES 01387 ROSSINI, DR. JAMES 01418 SAM'S CLUB DIRECT Description /Account POP DECALS REPAIR COMPRESSOR COMPRESSOR SRV /MAINT PATROL & BOARDING FEE 4/18 - 4/26 LEASE POLICE IMPOUND LOT - MAY DESIGN SRVS PRIORY 2/26 - 3/25 K -9 MAINT - MAY TUNE MCC PIANO MONTHLY PREM MONTHLY WATER UTIL REIMB MEALS & GAS - POLICE EXPLORER CELL PHONE REIMB - MAY REIMB FOR MILEAGE 1/11 - 4/22 MEMBERSHIP DUES LONGTERM CARE INS FURNISH & INSTALL 4 -WAY TAILBOARD COPIER LEASE COPIER LEASE COPIER LEASE - MAY REPLACE LANDSCAPING BLOCKS SIGN SUPPLIES SIGN SUPPLIES MEMBERSHIP DUES - 2 BASKETBALL SCOREKEEPER 1/9 STD PLAN 4043120 -0 -1 MAY MONTHLY LTD PREM K -9 MAINTENANCE REMOVETREE REMOVE TREE & STUMP REMOVE TREE & STUMP - TRIM TREE REMOVE OAK TREES PROJ 03 -22 PROF SRVS THRU 3/31 RPROJ 03 -26 PROF SRVS TH RU 3/31 REIMB FOR MEALS 4/7 - 4/25 LOCAL PHONE SRV 3/16 - 4/15 MONTHLY DENTAL PREM RICOH COPIER LEASE WASTEWATER - MAY INVESTIGATIVE VIDEO TAPE MEMBERSHIP RENEWAL MONTHLY PREM LATH & STAKES REIMB FOR MEALS - POLICE EXPLORERS REF CAROL NELSON - BCBS INS REF RAYMOND MORELLI - BCBS INS REF ERIC PALMER - ASSESS INT REF JENNIFER SCHUETTE - PROGRAM REF JODY CAMPBELL - MCC FROG RECYCLING - MAR MERCH FOR RESALE MERCH FOR RESALE REPLENISH PETTY CASH POST LICENSE RENEWALS - 15 MEDICAL DIRECTION AGREEMENT MERCH FOR RESALE PAPER PICKERS FITNESS PROGRAM -APR MERCH FOR RESALE VENDING MACHINE SUPPLIES COFFEE & FILTERS Annnunt 160.00 465.94 835.68 724.20 622.28 1,000.00 2,762.00 35.00 90.00 121,183.00 728.77 70.43 15.00 30.87 60.00 907.04 855.00 511.20 326.54 161.88 1,000.00 4,492.17 1,863.75 120.00 58.00 1,467.55 2,340.14 35.00 460.08 843.48 681.60 1,393.02 1,277.87 1,020.72 35.72 2,057.68 9,176.30 904.36 185,478.30 20.00 25.00 4,117.65 1,401.15 20.08 302.00 302.00 82.76 42.00 40.00 19,013.80 327.10 18.00 301.70 1,350.00 27,925.00 457.92 338.67 100.00 111.18 164.77 241.88 11 Check Date Vendor 66871 5/3/2005 03073 SANDERS WACKER BERGLY INC 66872 5/3/2005 01523 STATE BOARD OF ELECTRICITY 66873 5/3/2005 01523 STATE BOARD OF ELECTRICITY 66874 5/3/2005 01527 STEFFEN, SCOTT 66875 5/3/2005 01572 SYSTEMS SUPPLY, INC. 66876 5/3/2005 01574 T.A. SCHIFSKY & SONS, INC 66877 5/3/2005 01578 T.R.F. SUPPLY CO. 66878 5/3/2005 03334 UNIQUE PAVING MATERIALS CORP 66879 5/3/2005 01728 VOYAGEURASSET MGMT INC 66880 5/3/2005 01734 WALSH, WILLIAM P. 66881 5/3/2005 01190 XCEL ENERGY 62 Checks in this report Description /Account Amount MERCH FOR RESALE 165.98 MERCH FOR RESALE 137.96 MERCH FOR RESALE 187.24 LANDSCAPE ARCH SRVS - MAR 11,100.00 INSPECTION CERT BOOKS - 6 150.00 LICENSE RENEWAL 30.00 REIMB FOR UNIFORM 157.67 INK CARTRIDGES 134.08 VARIOUS BITUMINOUS MATERIALS- 797.42 MAINT SUPPLIES 92.65 WINTER MIX 1,667.02 INV MGMT SRVS 991.00 COMMERCIAL INSPECTIONS 404.80 ELEC UTIL 3/15 - 4/17 9,925.41 Total checks: 428,894.46 12 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/21/05 04/06/05 04/22/05 04/21/05 04/22/05 04/22/05 04/22/05 04/22/05 04/25/05 04/22/05 04/22/05 04/26/05 04/22/05 04/22/05 04/22/05 04/22/05 04/25/05 04/25/05 04/25/05 04/25/05 04/26/05 04/26/05 04/26/05 04/27/05 MN State Treasurer MN Dept of Revenue ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MSA /Dispatcher Unions MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Fuel Tax Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax Union Dues Drivers License /Deputy Registrar Amount 8,097.08 357.40 9,156.10 1,702.00 15,650.64 119, 085.08 51, 288.24 24,540.00 17,980.33 22,225.48 154.00 19,338.51 289,574.86 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/22/05 CARDINAL, ROBERT 422.42 dd 04/22/05 JUENEMANN, KATHLEEN 371.77 dd 04/22/05 KOPPEN, MARVIN 371.77 dd 04/22/05 MONAHAN- JUNEK, JACQUELINE 371.77 dd 04/22/05 ROSSBACH, WILLIAM 371.77 dd 04/22/05 COLEMAN, MELINDA 4,058.20 dd 04/22/05 DARST, ROBERTA 1,673.54 dd 04/22/05 FURSMAN, RICHARD 4,638.25 dd 04/22/05 SWANSON, LYLE 1,767.33 dd 04/22/05 LE, SHERYL 3,958.50 dd 04/22/05 RAMEAUX, THERESE 2,353.34 dd 04/22/05 FAUST, DANIEL 4,128.24 dd 04/22/05 SCHMIDT, DEBORAH 1,442.95 dd 04/22/05 ANDERSON, CAROLE 1,620.98 dd 04/22/05 BAUMAN, GAYLE 3,287.76 dd 04/22/05 JACKSON, MARY 1,802.95 dd 04/22/05 KELSEY, CONNIE 887.59 dd 04/22/05 TETZLAFF, JUDY 1,802.95 dd 04/22/05 FRY, PATRICIA 1,673.35 dd 04/22/05 GUILFOILE, KAREN 2,855.98 dd 04/22/05 OSTER, ANDREA 1,747.66 dd 04/22/05 CARLE, JEANETTE 1,660.56 dd 04/22/05 FIGG, SHERRIE 1,009.46 dd 04/22/05 JAGOE, CAROL 1,616.46 dd 04/22/05 JOHNSON, BONNIE 997.89 dd 04/22/05 MOY, PAMELA 748.67 dd 04/22/05 OLSON, SANDRA 1,300.63 dd 04/22/05 WEAVER, KRISTINE 1,736.56 dd 04/22/05 BANICK, JOHN 3,834.90 dd 04/22/05 CORCORAN, THERESA 1,614.15 dd 04/22/05 POWELL, PHILIP 2,246.22 dd 04/22/05 RICHIE, CAROLE 1,633.47 dd 04/22/05 SPANGLER, EDNA 352.00 dd 04/22/05 THOMALLA, DAVID 4,247.72 dd 04/22/05 ABEL, CLINT 2,242.39 dd 04/22/05 ALDRIDGE, MARK 2,925.40 dd 04/22/05 ANDREWS, SCOTT 3,079.46 dd 04/22/05 BAKKE, LONN 2,688.58 dd 04/22/05 BELDE, STANLEY 2,656.13 dd 04/22/05 BIERDEMAN, BRIAN 2,004.22 dd 04/22/05 BOHL, JOHN 2,731.97 dd 04/22/05 BUSACK, DANIEL 2,626.40 dd 04/22/05 COFFEY, KEVIN 2,013.49 dd 04/22/05 CROTTY, KERRY 2,881.17 dd 04/22/05 DOBLAR, RICHARD 3,133.06 dd 04/22/05 DUNN, ALICE 2,675.98 dd 04/22/05 GABRIEL, ANTHONY 1,656.36 dd 04/22/05 HEINZ, STEPHEN 2,935.21 dd 04/22/05 HILBERT, STEVEN 2,611.76 dd 04/22/05 JOHNSON, KEVIN 3,316.58 dd 04/22/05 KARTS, FLINT 3,047.14 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/22/05 KONG, TOMMY 2,297.67 dd 04/22/05 KROLL, BRETT 2,290.46 dd 04/22/05 KVAM, DAVID 3,257.27 dd 04/22/05 LARSON, DANIEL 285.53 dd 04/22/05 LU, JOHNNIE 3,603.80 dd 04/22/05 MARINO, JASON 2,201.18 dd 04/22/05 MARTIN, JERROLD 2,419.22 dd 04/22/05 MCCARTY, GLEN 2,023.71 dd 04/22/05 METRY, ALESIA 2,287.82 dd 04/22/05 NYE, MICHAEL 2,016.93 dd 04/22/05 OLSON, JULIE 2,732.63 dd 04/22/05 RABBETT, KEVIN 3,450.09 dd 04/22/05 STEFFEN, SCOTT 3,291.69 dd 04/22/05 SYPNIEWSKI, WILLIAM 1,584.25 dd 04/22/05 SZCZEPANSKI, THOMAS 2,531.02 dd 04/22/05 WENZEL, JAY 2,373.01 dd 04/22/05 XIONG, KAO 2,201.18 dd 04/22/05 BARTZ, PAUL 2,576.46 dd 04/22/05 BERGERON, JOSEPH 3,037.59 dd 04/22/05 DUGAS, MICHAEL 2,659.25 dd 04/22/05 ERICKSON, VIRGINIA 2,548.13 dd 04/22/05 EVERSON, PAUL 2,183.29 dd 04/22/05 FLOR, TIMOTHY 3,843.22 dd 04/22/05 FRASER, JOHN 2,688.91 dd 04/22/05 HALWEG, JODI 1,806.31 dd 04/22/05 L'ALLIER, DANIEL 929.63 dd 04/22/05 LANGNER, SCOTT 1,913.85 dd 04/22/05 PALMA, STEVEN 2,858.03 dd 04/22/05 PARSONS, KURT 3,003.55 dd 04/22/05 THIENES, PAUL 2,714.14 dd 04/22/05 BECK, PATRICK 855.60 dd 04/22/05 BECKER, SHANE 1,665.84 dd 04/22/05 CHRISTENSEN, CHARLES 636.38 dd 04/22/05 CRAWLEY, BRIAN 1,165.46 dd 04/22/05 DAWSON, RICHARD 1,942.74 dd 04/22/05 DUELLMAN, KIRK 1,844.53 dd 04/22/05 FITZGERALD, EDWARD 672.73 dd 04/22/05 GJERTSON, MARK 1,298.30 dd 04/22/05 HEFFERNAN, PATRICK 997.34 dd 04/22/05 HEMQUIST, MICHAEL 2,508.77 dd 04/22/05 HJELLE,ERIK 1,137.11 dd 04/22/05 JOHNSON, DOUGLAS 1,844.53 dd 04/22/05 KNAPP, BRETT 2,819.94 dd 04/22/05 LAW, ROBERT 732.60 dd 04/22/05 NOVAK, JEROME 2,054.05 dd 04/22/05 NOWICKI, PAUL 1,233.75 dd 04/22/05 OPHEIM, JOHN 2,276.92 dd 04/22/05 PETERSON, MARK 815.83 dd 04/22/05 PETERSON, ROBERT 1,889.66 dd 04/22/05 QUIST, JESSE 360.96 dd 04/22/05 REYNOSO,ANGEL 1,144.30 dd 04/22/05 SVENDSEN, RONALD 1,923.85 dd 04/22/05 GERVAIS -JR, CLARENCE 2,747.05 dd 04/22/05 BAUER, MICHELLE 2,064.76 dd 04/22/05 FLAUGHER, JAYME 1,810.15 dd 04/22/05 HERMANSON, CHAD 1,846.54 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/22/05 HUBIN, KENNARD 1,569.35 dd 04/22/05 LAFFERTY, WALTER 2,471.75 dd 04/22/05 LINN, BRYAN 2,183.69 dd 04/22/05 PACOLT, MARSHA 2,339.34 dd 04/22/05 RABINE, JANET 2,140.95 dd 04/22/05 STAHNKE, JULIE 2,140.96 dd 04/22/05 LUKIN, STEVEN 3,731.90 dd 04/22/05 SVENDSEN, AUSTIN 2,991.94 dd 04/22/05 ZWIEG, SUSAN 1,840.93 dd 04/22/05 DOLLERSCHELL, ROBERT 282.07 dd 04/22/05 AHL, R. CHARLES 4,329.30 dd 04/22/05 GROHS, JUDITH 1,752.28 dd 04/22/05 NIVEN, AMY 1,187.82 dd 04/22/05 PRIEFER, WILLIAM 2,604.66 dd 04/22/05 BRINK, TROY 1,665.75 dd 04/22/05 DEBILZAN, THOMAS 1,840.65 dd 04/22/05 EDGE, DOUGLAS 1,852.15 dd 04/22/05 JONES, DONALD 2,046.95 dd 04/22/05 KANE, MICHAEL 2,941.68 dd 04/22/05 LUTZ, DAVID 7,608.09 dd 04/22/05 MEYER, GERALD 1,896.19 dd 04/22/05 NAGEL, BRYAN 2,002.06 dd 04/22/05 OSWALD, ERICK 2,002.06 dd 04/22/05 RUNNING, ROBERT 1,616.45 dd 04/22/05 TEVLIN, TODD 1,705.75 dd 04/22/05 CAVETT, CHRISTOPHER 3,270.46 dd 04/22/05 DUCHARME, JOHN 2,323.66 dd 04/22/05 ENGSTROM, ANDREW 1,554.95 dd 04/22/05 JACOBSON, SCOTT 1,554.95 dd 04/22/05 KNUTSON, LOIS 1,075.30 dd 04/22/05 LABEREE, ERIN 2,274.95 dd 04/22/05 LINDBLOM, RANDAL 2,323.66 dd 04/22/05 PECK, DENNIS 2,330.59 dd 04/22/05 PRIEBE, WILLIAM 2,325.97 dd 04/22/05 VERMEERSCH, CHARLES 2,210.16 dd 04/22/05 ANDERSON, BRUCE 4,024.42 dd 04/22/05 CAREY, HEIDI 1,991.75 dd 04/22/05 HALL, KATHLEEN 1,749.97 dd 04/22/05 MARUSKA, MARK 2,649.16 dd 04/22/05 NAUGHTON, JOHN 1,655.75 dd 04/22/05 SCHINDELDECKER, JAMES 1,824.46 dd 04/22/05 BIESANZ, OAKLEY 1,421.88 dd 04/22/05 HAYMAN, JANET 1,130.79 dd 04/22/05 HUTCHINSON, ANN 2,240.47 dd 04/22/05 NELSON, JEAN 1,039.69 dd 04/22/05 SEEGER, GERALD 535.32 dd 04/22/05 GAYNOR, VIRGINIA 1,957.36 dd 04/22/05 EKSTRAND, THOMAS 3,014.19 dd 04/22/05 KROLL, LISA 1,173.56 dd 04/22/05 LIVINGSTON, JOYCE 969.88 dd 04/22/05 SINDT, ANDREA 1,586.16 dd 04/22/05 THOMPSON, DEBRA 645.66 dd 04/22/05 YOUNG, TAMELA 1,466.95 dd 04/22/05 FINWALL, SHANN 2,232.56 dd 04/22/05 ROBERTS, KENNETH 2,523.49 dd 04/22/05 CARVER, NICHOLAS 2,728.26 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/22/05 FISHER, DAVID 3,239.29 dd 04/22/05 RICE, MICHAEL 1,846.95 dd 04/22/05 SWAN, DAVID 1,936.55 dd 04/22/05 KONEWKO, DUWAYNE 2,600.55 dd 04/22/05 ANZALDI, KALI 358.31 dd 04/22/05 WORK, ALICIA 38.00 dd 04/22/05 FINN, GREGORY 2,088.02 dd 04/22/05 GRAF, MICHAEL 1,830.59 dd 04/22/05 KELLY, LISA 1,289.02 dd 04/22/05 OHLHAUSER, MEGHAN 253.13 dd 04/22/05 ROBBINS, AUDRA 1,997.38 dd 04/22/05 SHERRILL, CAITLIN 209.25 dd 04/22/05 TAUBMAN, DOUGLAS 2,797.48 dd 04/22/05 WERNER, KATIE 337.88 dd 04/22/05 BREHEIM, ROGER 1,826.77 dd 04/22/05 GERMAIN, DAVID 1,831.39 dd 04/22/05 NORDQUIST, RICHARD 1,888.75 dd 04/22/05 SCHULTZ, SCOTT 2,092.05 dd 04/22/05 ANZALDI,MANDY 1,163.26 dd 04/22/05 COLEMAN, PHILIP 310.00 dd 04/22/05 COLLINS, ASHLEY 117.43 dd 04/22/05 CRAWFORD - JR, RAYMOND 128.00 dd 04/22/05 CROSSON, LINDA 2,586.54 dd 04/22/05 EVANS, CHRISTINE 736.51 dd 04/22/05 PELOQUIN, PENNYE 730.16 dd 04/22/05 SCHMIDT, RUSSELL 2,007.26 dd 04/22/05 SCHULZE, BRIAN 560.05 dd 04/22/05 STAPLES, PAULINE 2,898.01 dd 04/22/05 BENDTSEN, LISA 89.55 dd 04/22/05 BRENEMAN, NEIL 409.82 dd 04/22/05 ERICKSON- CLARK, CAROL 89.00 dd 04/22/05 ESTRADA, KIEL 92.00 dd 04/22/05 EVANS, KRISTIN 21.00 dd 04/22/05 FIERRO WESTBERG, MELINDA 71.40 dd 04/22/05 FONTAINE, KIM 691.59 dd 04/22/05 GREDVIG, ANDERS 314.34 dd 04/22/05 HALEY, BROOKE 165.40 dd 04/22/05 HORWATH, RONALD 1,978.42 dd 04/22/05 IRISH, GRACE 181.15 dd 04/22/05 JONES, LACEY 60.75 dd 04/22/05 KOEHNEN, AMY 96.60 dd 04/22/05 KOEHNEN, MARY 1,330.32 dd 04/22/05 KRONHOLM, KATHRYN 425.47 dd 04/22/05 MARUSKA, ERICA 283.77 dd 04/22/05 MATHEWS, LEAH 141.75 dd 04/22/05 NELSON, SIERRA 171.50 dd 04/22/05 OVERBY, ANNA 38.60 dd 04/22/05 POTTRATZ, DIANE 72.05 dd 04/22/05 PROESCH, ANDY 420.72 dd 04/22/05 SHAW, KRISTINA 113.55 dd 04/22/05 SMITH, ANN 150.00 dd 04/22/05 TUPY, HEIDE 121.20 dd 04/22/05 TUPY, MARCUS 314.11 dd 04/22/05 WERNER, REBECCA 96.25 dd 04/22/05 WHITE, NICOLE 349.20 dd 04/22/05 GROPPOLI, LINDA 386.40 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 04/22/05 HANSON, ELIZABETH 52.50 dd 04/22/05 KURKOSKI, STEPHANIE 45.94 dd 04/22/05 BEHAN, JAMES 1,702.83 dd 04/22/05 LONETTI, JAMES 1,088.92 dd 04/22/05 MILES, LAURA 77.00 dd 04/22/05 PATTERSON, ALBERT 1,044.92 dd 04/22/05 PRINS, KELLY 1,034.75 dd 04/22/05 REILLY, MICHAEL 1,580.55 dd 04/22/05 AICHELE, CRAIG 1,867.75 dd 04/22/05 PRIEM, STEVEN 2,049.35 dd 04/22/05 BERGO, CHAD 2,255.29 dd 04/22/05 FOWLDS, MYCHAL 1,976.78 dd 04/22/05 FRANZEN, NICHOLAS 1,512.86 dd 04/22/05 HURLEY, STEPHEN 3,245.75 wf 100996 04/22/05 INGVOLDSTAD, CURTIS 106.25 wf 100997 04/22/05 WORKMAN, ROBERT 50.00 WE 100998 04/22/05 CARLSON, STEVEN 1,838.34 WE 100999 04/22/05 JAHN, DAVID 1,577.26 WE 101000 04/22/05 MORIN, TROY 178.50 WE 101001 04/22/05 MATHEYS, ALANA 1,980.10 wf 101002 04/22/05 GENNOW, PAMELA 624.00 wf 101003 04/22/05 HANSEN, LORI 1,679.76 wf 101004 04/22/05 PALANK, MARY 1,616.46 wf 101005 04/22/05 SVENDSEN, JOANNE 1,786.59 wf 101006 04/22/05 RHUDE, MATTHEW 1,538.10 wf 101007 04/22/05 SHORTREED, MICHAEL 2,948.73 WE 101008 04/22/05 STEINER, JOSEPH 582.00 WE 101009 04/22/05 WELCHLIN, CABOT 2,477.48 WE 101010 04/22/05 THEISEN, PAUL 2,087.43 WE 101011 04/22/05 ACOSTA, MARK 1,326.91 wf 101012 04/22/05 AMBORN, JASON 1,605.29 wf 101013 04/22/05 ANDERSON, BRIAN 1,962.36 wf 101014 04/22/05 BAHL, DAVID 1,427.14 wf 101015 04/22/05 BAUMAN, ANDREW 1,190.88 wf 101016 04/22/05 BOURQUIN, RON 1,948.30 wf 101017 04/22/05 BUCHE, JOETTE 2,013.20 WE 101018 04/22/05 CAPISTRANT, JOHN 1,151.72 WE 101019 04/22/05 CARLSON, CAMERON 1,288.80 wf 101020 04/22/05 CAVE, GEORGE 264.64 wf 101021 04/22/05 CROMETT, MARK 1,880.71 wf 101022 04/22/05 DIETZ, EDWARD 2,298.08 wf 101023 04/22/05 DITTEL, MICHAEL 1,230.24 wf 101024 04/22/05 DUELLMAN, AMY 1,297.98 wf 101025 04/22/05 DUELLMAN, JOSEPH 576.41 wf 101026 04/22/05 FASULO, WALTER 1,490.62 wf 101027 04/22/05 FETTERS, JEFFREY 1,344.01 wf 101028 04/22/05 GARZA, BRANDON 638.40 wf 101029 04/22/05 GERARD, JAMIE 1,754.71 wf 101030 04/22/05 GOODWIN, JEFFREY 253.20 wf 101031 04/22/05 HAKSETH, NATHAN 940.53 wf 101032 04/22/05 HALE, JOSEPH 2,773.36 wf 101033 04/22/05 HERLUND, RICK 1,629.81 wf 101034 04/22/05 HUTCHINSON, JAMES 1,026.27 wf 101035 04/22/05 KALKA, THOMAS 2,196.33 wf 101036 04/22/05 KANE, ROBERT 2,198.28 wf 101037 04/22/05 KARNOWSKI, SANDRA 2,348.37 i[3 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101038 04/22/05 KOEHN, CORY 697.60 wf 101039 04/22/05 KONDER, RONALD 1,137.08 wf 101040 04/22/05 KORTUS, WILLIAM 590.38 wf 101041 04/22/05 KUMMER, CORINNE 1,883.49 wf 101042 04/22/05 LIDBERG, MICHAEL 1,126.50 wf 101043 04/22/05 LINN, BRYAN 532.99 wf 101044 04/22/05 LOCHEN, MICHAEL 1,919.67 wf 101045 04/22/05 MALLORY, GORDON 1,780.53 wf 101046 04/22/05 MARTY, MARK 4,399.28 wf 101047 04/22/05 MATTS, JEREMY 207.00 wf 101048 04/22/05 MCGOVERN, JOHN 1,151.17 wf 101049 04/22/05 MELANDER, JON 2,239.69 wf 101050 04/22/05 MELLEN, RICHARD 1,558.39 wf 101051 04/22/05 MILLER, NICHOLAS 1,308.36 wf 101052 04/22/05 MONK, JOHN 618.73 wf 101053 04/22/05 NALIPINSKI, STEPHEN 1,322.85 wf 101054 04/22/05 NOLAN, PAUL 1,186.85 wf 101055 04/22/05 PILLAR, MICHAEL 352.80 wf 101056 04/22/05 RICE, DANIEL 1,276.62 wf 101057 04/22/05 RIDER, JEFFREY 1,605.52 wf 101058 04/22/05 RIEMENSCHNEIDER, RONALD 554.40 wf 101059 04/22/05 ROBERTSON, STEVEN 883.37 wf 101060 04/22/05 ROMANIK, JAMES 1,501.55 wf 101061 04/22/05 SACKETT, JAMES 1,408.07 wf 101062 04/22/05 SCHADT, JEFFREY 876.18 wf 101063 04/22/05 SCHOLEN, CHRISTOPHER 586.32 wf 101064 04/22/05 SCHULTZ, THOMAS 633.02 wf 101065 04/22/05 SEDLACEK, JEFFREY 875.95 wf 101066 04/22/05 SINGER, SCOTT 172.03 wf 101067 04/22/05 SKOK, STEPHEN 1,111.66 wf 101068 04/22/05 SMITH, RICHARD 322.35 wf 101069 04/22/05 SOLHEID, DALE 654.73 wf 101070 04/22/05 STANWAY, ROBERT 475.20 wf 101071 04/22/05 STELLA, JAMES 1,922.83 wf 101072 04/22/05 STENE, MARK 1,301.49 wf 101073 04/22/05 SWARD, WILLIAM 936.96 wf 101074 04/22/05 WATERS, JOSEPH 2,120.33 wf 101075 04/22/05 WHELEHAN, ROBERT 1,061.04 wf 101076 04/22/05 WHITE, JOEL 1,119.40 wf 101077 04/22/05 FREBERG, RONALD 1,265.35 wf 101078 04/22/05 JAROSCH, JONATHAN 344.25 wf 101079 04/22/05 EDSON, DAVID 1,927.22 WE 101080 04/22/05 HELEY, ROLAND 1,859.48 WE 101081 04/22/05 HINNENKAMP, GARY 1,832.95 wf 101082 04/22/05 LINDORFF, DENNIS 1,826.77 wf 101083 04/22/05 NOVAK, MICHAEL 1,753.35 wf 101084 04/22/05 GERNES, CAROLE 419.56 wf 101085 04/22/05 SOUTTER, CHRISTINE 113.44 wf 101086 04/22/05 SWETT, PAUL 1,040.00 wf 101087 04/22/05 BROZAK, KATHERINE 110.25 WE 101088 04/22/05 FREYBERGER, RACHEL 122.00 WE 101089 04/22/05 GRAF, ASHLEY 30.00 WE 101090 04/22/05 HJELMGREN, NICOLE 81.00 WE 101091 04/22/05 ROBBINS, EMERALD 48.00 wf 101092 04/22/05 SHOBERG, KARI 136.13 wf 101093 04/22/05 HAAG, MARK 1,953.15 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101094 04/22/05 NADEAU, EDWARD 2,930.14 wf 101095 04/22/05 GLASS, JEAN 1,786.43 wf 101096 04/22/05 TOLBERT, FRANCINE 81.00 wf 101097 04/22/05 UNGER, MARGARET 544.33 WE 101098 04/22/05 VELASQUEZ, ANGELA 463.75 WE 101099 04/22/05 ANDERSON, CALEB 80.90 WE 101100 04/22/05 ANDERSON, JOSHUA 130.00 WE 101101 04/22/05 ANDERSON, JUSTIN 110.50 wf 101102 04/22/05 BOTHWELL, KRISTIN 57.90 wf 101103 04/22/05 BRENEMAN, SEAN 137.20 wf 101104 04/22/05 BRIN, LAUREN 18.00 wf 101105 04/22/05 CLARK, PAMELA 34.00 wf 101106 04/22/05 COSTA, JOSEPH 676.05 wf 101107 04/22/05 DEMPSEY, BETH 134.40 WE 101108 04/22/05 DUNN, RYAN 554.66 WE 101109 04/22/05 FENGER, JUSTIN 87.15 WE 101110 04/22/05 GRANT, MELISSA 166.95 WE 101111 04/22/05 GRUENHAGEN, LINDA 662.93 wf 101112 04/22/05 HOLMGREN, LEAH 135.36 wf 101113 04/22/05 HOULE, DENISE 156.10 wf 101114 04/22/05 LAUMER, MELISSA 27.00 wf 101115 04/22/05 LEMAY, KATHERINE 146.25 wf 101116 04/22/05 LUTZ, CHRISTINA 84.50 wf 101117 04/22/05 MELLEN, CHRISTOPHER 74.25 WE 101118 04/22/05 OLSON, MARGRET 135.80 WE 101119 04/22/05 PETERSON, ANNA 117.00 wf 101120 04/22/05 ROSTRON, ROBERT 84.50 wf 101121 04/22/05 RYDEEN, ARIEL 121.68 wf 101122 04/22/05 SCHOENECKER, SAMANTHA 123.50 wf 101123 04/22/05 SCHRAMM, BRITTANY 42.25 wf 101124 04/22/05 SCHREINER, MICHELLE 170.25 wf 101125 04/22/05 SMITLEY, SHARON 345.00 wf 101126 04/22/05 STAHNKE, AMY 84.00 wf 101127 04/22/05 TRUE, ANDREW 190.20 wf 101128 04/22/05 WARNER, CAROLYN 210.60 wf 101129 04/22/05 WEDES, CARYL 134.70 wf 101130 04/22/05 WELTER, ELIZABETH 165.00 wf 101131 04/22/05 WOODMAN, ALICE 270.65 wf 101132 04/22/05 ZIEMER, NICOLE 432.00 wf 101133 04/22/05 BOSLEY, CAROL 313.20 wf 101134 04/22/05 BREITBACH, GARY 913.50 wf 101135 04/22/05 DOBBS, SYDNEY 76.00 wf 101136 04/22/05 HAGSTROM, EMILY 126.75 wf 101137 04/22/05 KELLY, BRYAN 157.50 wf 101138 04/22/05 LEWIS, AMY 194.25 wf 101139 04/22/05 ODDEN, JESSICA 13.70 wf 101140 04/22/05 OIL, REBECCA 139.98 wf 101141 04/22/05 PARAYNO, GUAI 122.10 wf 101142 04/22/05 QUINN, KELLY 26.00 wf 101143 04/22/05 SATTLER, MELINDA 39.00 wf 101144 04/22/05 STODGHILL, AMANDA 33.00 wf 101145 04/22/05 VAN HALE, PAULA 193.05 wf 101146 04/22/05 WALKER, DAPHINE 127.65 wf 101147 04/22/05 BALDWIN, JANA 53.20 wf 101148 04/22/05 DOUGLASS, TOM 1,011.92 wf 101149 04/22/05 HER, CHONG 194.26 20 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101150 04/22/05 HER, PHENG 231.08 wf 101151 04/22/05 MARGOT, NICHOLAS 57.15 wf 101152 04/22/05 NAGEL, BROOKE 284.90 wf 101153 04/22/05 O'GRADY, VICTORIA 114.71 wf 101154 04/22/05 O'GRADY, ZACHARY 119.89 wf 101155 04/22/05 OLSON, CHRISTINE 139.70 wf 101156 04/22/05 SIMPSON, JOSEPH 51.80 wf 101157 04/22/05 SIMPSON, KIMBERLYN 19.95 wf 101158 04/22/05 THEESFELD, CALEB 26.60 wf 101159 04/22/05 VAIL, LUCILLE 76.20 wf 101160 04/22/05 VANG, KAY 56.53 wf 101161 04/22/05 VANG, TIM 73.15 wf 101162 04/22/05 ZIMMERMAN, STEPHEN 139.65 548,629.43 21 Agenda Item G2 IMI:1M[a]:L1ki Bill MI TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Cottages at Legacy Village LOCATION: Hazelwood Street and Legacy Parkway DATE: April 26, 2005 INTRODUCTION Larry Alm is requesting that the city council approve the final plat for the Cottages of Legacy Village. Mr. Alm represents the builder, Southwind of Maplewood LLC. This final plat will create 33 lots for 33 detached town houses. This plat will be east of Hazelwood Street at the intersection with Legacy Parkway. (See the maps on pages two - six.) BACKGROUND On September 13, 2004, the city council approved a land use plan change, a conditional use permit, the preliminary plat and the project design plans for the Cottages at Legacy Village. These approvals were subject to several conditions. (Please see the city council minutes starting on page seven.) DISCUSSION The developer is progressing with the construction of the plat. The contractor has completed the rough grading of the site and has completed the construction of Legacy Parkway. Because of the pending reconstruction of Hazelwood Street, the city engineer needs the developer to dedicate to the city a five - foot -wide permanent easement along the west side of the site. The easement will be for street, utility and pedestrian purposes. The developer has finished all the other conditions the council required for final plat approval. INx8101MI MI:Iki U7e 1 1t1[a]ki Approve the final plat for the Cottages of Legacy Village date - stamped April 11, 2005. This approval is subject to: 1. The county recording the deeds, deed restrictions and covenants required by the city. 2. The developer meeting all the conditions of the city engineer, including dedicating to the city a five - foot -wide permanent easement along Hazelwood Street for street, utility and pedestrian purposes. The city will file the signed easement document after the developer files the final plat with Ramsey County p:sec3 /Cottages at Legacy fin plat - 2005.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Final Plat 4. Approved Site Plan 5. Approved Preliminary Plat 6. 9 -13 -04 City Council Minutes 7. Proposed Final Plat (Separate Attachment) Attachment 1 _ - r ;l is 2 e LEGACY PARKWAY S > ff ' Z I.I. i, 0 04 z i SCAM AVE HazeKvood .. „. -...., .. .... .. ... 2 e 1111,;i' wil vo wil , a' .. 11 1 1 111 Ill Attachment 2 3 ` f i2d CIC . 0 ... 6.b. ACS P'{9filXFP#M1 tt' W ix ?J u � 0 £. 1 IL LU IN LU Ix It z ul SAINT JOHN'S HOSPfTAL Ic 3� 1111,;i' wil vo wil , a' .. 11 1 1 111 Ill Attachment :3_ PROPOSED FINAL PLAT � C! Attachment 4 - - - - - - - - - - - - - - yy -------- �4 I A - L LU J- -- 7 IT LU IT APPROVED SITE PLAN I l i N_ Attachment 5 y -� LU n Tt� k �t • . ' LU it it 5 LLI : t jj� It 3 J ;. j77 t i 4t c if "_ 5l pwi 4 M MINUTES Attachment 6 -MAPLEWOOD CITY COUNCIL. 7:1)"1 Pt1IL Monday, September 13, 2004 Council Chambers, City Hall Meeting No, 04-21 H, PUBLIC HE `Cis 7:00 irm, Cottages tat Legacy Village (Hazelwood Street) Land Use Plan Change - PC (Business Commercial) to P -3(H) Conditional Use Permit for Planned Unit Development Prehminary Plat Design Approval a, Cit Furanian presented the report, I - Planner Roberts presented specifics from the report. c. Commissioner Bartol presented the Planning Commission Repot. 1 Boardmember Olson presented the Community Resign Review Board Report. Mayor Cardinal opened the public hearing, calling for proponents or opponents, 1,1e following person was heard: Larry Ann, Southwind Builders, White Bear Lake, Mayor Cardinal closed the public licaring, Councilor etuber Rossbach moved top ad -ap I nl— adopt the resolution ince to the and use _R L t for a - 6 acre site for the Cottages at I egacy Village on Hazelwood Street: LAND USE PLAN CHANGE RESOLUTION 04-09-162 WHEREAS, Larry Alm, representing Soreliwind Builders, applied For a chance to the Citys land use plan from BC (business commercial) to R3H (high density residential). WHEREAS, this charge applies to the property located on the east side ot' Hazel wood Stn c-1 sour l of County Road D, The local description is: Lots I through 16 inclusive, Biock 6, Dorle Park. Ramsey CountV, and Lots 16 Lhroll!# 21 inclusive. Block 3, Doric Park, Ramsev County, together with any vacated alleys and roads acorturn thereto, WHEREAS, the histor this change is as follows: I - On August 16, 2004, the Planning Commission held a public hearing. T he City staff published a hearing notice in the Yaplewood Review and sent notices to the surrounding Property owners. The Planning Commission gave everyone at the bearinQ a Chance to speak and present c-ritten statements. The Plannitic Commission tecornmendvi thardw City Council approve the land use plan change. 2. t p a � _hl� On September 11. 2004, the City Council discussed the land use pla, c hat . I le� considered reports and recom mendations from the Plarmint Commission and C' sZsff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above lies, ribed change because: 1, It would be consistent with the goals and objectives of the comprehensive plan. 2, This change would eliminate an area that the city had once planned for cornmerc H_] illies that is between two residential areas, 3, This chance would allow for town house that would be more compatible and in cilcracLer with the adjacent townhouse development. 4 This site is proper for and consistent with the city policies for high dens it" resi Cie] I i al lis This includes a. It is on a collector street and is near arterial streets. IsAIinhinzim air effects on surrounding properties because there would be no l - traffic from this development on existing residential streets. 5. It would be consistent with the proposed land use. Seconded by CouricilmQmber Koppers Ayes Countolmernber Rossbach rljqyed to amp oIYe,kdggt�the - following resol�uuora )0nILinS t he 3-7- unit Cottaries at I _ e � j , acv srill lopment) on Hazel wood Str t The ' city , bases th is crov royal �011 t h e CONDITIONAL USE PERMIT RESOLUTION 04-09-163 FOR A PLANNED UNIT DEVELOP - vIE_v4T WHEREAS, Larry Alm. representing Southtvirld Builders, applied for q conditional use pern for a planned unit development for a 3 3 -unit detached town house development, y%`HEREAS, this permit applies to the 4.6 site on the east side of Hazelwood Sheer l y i ng i South Of County Road D, The legal description is: Lots I through 36 inclusive, Block 6, Dorle Park, Ramsev County, and Lots 16 through 21 inclusive, Block 3 ), Dorle Park, Ramsey County, together with any vacated alleys and roles accruing thereto. WHEREAS, the history of this conditional use permit is as follows: I Oil August 16, 2004, the planning COMMHslorl recommended that tile Cur COLHICH approve this permit. The city council held apubuic hearing on September 13, 2004. City staff pub' ished a notice in the paper and notices t sent o the surrounding properly uo as rcq� u 1 1 1 ICU -Y law, The Council gave everyone at the hearing a chance to speak- and present oritten statements. The council also considered reports and recommendations or the ciiy z and planning commission, NOW, THEREFORE, BE IT RESOLVED that tile City COUncil approve the above- described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in confrainity with the City's Comprehensive Plan and Code of Ordinances, 1 The use would riot change the existing or plarined character of the SLI-rollodirot arena. 3, The Use NVOUld not depreciate Property Values, 4. The use would not involve any activity, process, materials. equipment or ristho& of operation that would be darmeroos, hazardous, detri-inental, disturbing or cause a nuisarllce to any person or property, because of excessive noise, glare, smoke, dust, odor. l"Jincs water or air pollution, drainage, water run-off, vibration, general unsightliness, Clectrical interference or other closeness. The use would generate only minimal vehicular traffic on local streets anal 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, po and fire protection, drainage structures, water and sewer systems, sc noo Is and parlcs. The use would not create excessive additional costs for public facilities or services. b. The rise would machines, the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The development shall follow the plane date-stamped July 22, 2004, except where the city requires chanses. The director of community development may approve minor changes, wo 2, The proposed construction, muss be substantially started within one ycai of council approval or the permit shall end. The council may extend - .his deadline for one year. The city council shall review this permit in one year. = . The applicant shall meet all the requirements noted in the to Of Engineer's report dared August 6, 2004, 5. The applicant shall sign a development agreement wilh the city beficr the city issues a grading permit, 6. The applicant shall provide a copy of the homeowners also, latioll documents to staff for approval. cL the project accolding to the The developer or contractor shall constrL plans date-stamped July 22, 2004, except as specifically modified by these condiLlo-Is, 8. The developer shall add sidewalks and sidewalk zomwction8;fl Inca - ,rants that sits staff decides are necessary. 9. The developer or builder will provide parking spaces at the enals Ofd driveways wherever they they fit. 10, The developer or builder shall install a six-heot-wide concrete sidewafl+ on the east side ofHazolwood Street for the entire length of the project. IL The grades of the power line trail said all public sidewalks xi'l ruect ADA guidelines for slope. II Provide arevised landscape plan for city staff approval. T1 revised plan shall include: a, fncroasing the tree size to 2 vi inches (from 2 inches). b. Changing the Colorado Spruce to Black Hills Spruce or Austrian Pines (or a mix of these two species). c. The developer should coordinate the landscaping materials and designs along L.coacy Parkway and Hazelwood Street to make sure dak thoy are compatible with the approved landscape designs for Hentage Square t Kennard Street. d. O ,Qrstory trees to be planted aloriti both sides of Legacy Parkes <tv a ici Alone HazidwoodStreet shall be set at an average of to f?? feet on cenne- 13, All setbacks are approved as shown on the plans date-anunped July 22, Ire] 14 Side yardbuildim- setbacks for all buildings that arc less than required by the zoning code are specifically approved within this PUD as shown on the sit-, plan date-stamped .Tully 22, 2004. 15, The applicant or developer shall provide visno--parking spaces at the ramimunt quantity of one-half space per townhome unit, 17 required visitor parking, 16, An easement over the power line trail on this parcel will be provided to the city for access and maintenance. a. The developer or builder will pay the city Park Access Charges (PAC' n I fees) for each housing unit at the time of the building pernin, 'rr eacl n housing unil. Seconded by Councilmernber Koppen Ayes-All Councilmember Jusaromann moved to trourove the Drejuninary for the Conceal; of Legacy stILIage LDate stamped July r2, 20£1-}} ®i the follow conditions I . Sign an agreement nt with the city that guarantees that the developer or contractor w ill: a. Complete all gradint for overall site drainage, complete all retaining walls, site larldsc-ping and meet all r1tv requirements. Is,' Place temporary orange safety fencing and signs at the grading limits. I I - 0 c, Have Xcel Energy install Group V rate street lights in the development - prialari 1 y at thi- street and drivewav intersections. The exact style and location shall be subject TO the city engineer 's approval. d. Provide all required and necessary easements (including all utility eaSern-Ims and t _-n-foot drainaac and Larlity easements clans the front and rear lot lines o2 each 'lot and five -ioot drainage and utility casements along the side lot lines of each lot), e. Pay the city for tire cost of traffic - control, street identification, and no parking signs, f. Provide all required and necessary casements, including any offisitee easements. a, Demolish or remove all buildings, fencing, scrap metal, debris and junk from the sac, It, Crap and sea] all wells on site; and remove septic systems or drainfields, subject to Minnesota riles and guidelines. Seconded by Counci Imernber Koppen Ayes -ill Councilmernber Juereastarm moved to gnprove the'Droiect titans date-staforled July 22 . 2004, for 1. Obtaining city council approval of a comprehensive land use plan revision lion? BC (business commercial) to R- (Inch density residential) to build Lownhornes on the site 11 f 2, Obtaining city council approval of a planned unit development for this pro ,iccl. Obtaining city council approval of the preliminary plat for this project. 4. Complete the following before the city issues a building per-nit: au Have the city engineer approve the feral construction and engineering Plans. Th, s_ plans shall include grading, drainage, sidewalk, utility, driveway, parking lot and erosion control plans. These plans shall meet the following condition"; ( 1) The erosion control plan shall be Consistent with the criv code, (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 -year hi -h wat- elevation, (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city crigincer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plane. The city engineer shall approve the plans, specifications and matiagernem practices for env slopes steeper than 3:1. This shall include, covering th cso slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass, (e) Show all retaining walls air the plans. Airs retaining "ails more buirl I I our fee[ "'OL I tall require a building permit from the city. (f) Show as little disturbance and tree removal as possible on the north east and south sides of the site. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree rcinoval, (b) Show where the developer will rernove, save or replace large trees, This p shall include an inventory of all existing large trees on line site, I - - (c) Show no tree removal beyond the approved grading and tree lfiri"Ls. (d) Be consistent with the approved grading and 'landscape plus. (4) The developer shall be responsible for getting any needed off site grading or drainage easements and for recording all necessary easements. IN (5) All the parking areas and driveways shall have continuous concrete curb and gutter. (6) The driveways shall meet the following standards: 24 -foot rvidth--no parking on either side and 28 -foot aidth-pa rki n a on one side The developer or contractor shall post the driveways with no parlrnig signs to meet the above-listed standards, The developer shall disturb as little as possible of the area along the north, cast and south property lines and the applicant shall change the grading plan for dils part of the site as reco an ended by the city engineer. I I - Is. Submit an in-.-round lawn-irrigation plan to staff showing the location of spl heads. a, Subnot a certificate of survey for all new construction, d. Subunit a revised landscape plan for city approval showing: (1) As touch of the existing vegetation (including the trees) remaining along the northern, easterly and southerly property lines as possible, (2) Foundation plantings near and around the buildings. 3) The in-ground lawn - irrigation I ganon system. (4) Larger tree sizes (2 '//2 inch - caliper instead oft inch), (5) Replacing the Colorado Blue Spruce with Black Hills Spruce and Austrian Pines (6) Appropriate sized trees planted between the Lownhornes to ensure no overcrowding when they are fall grown. B. Submit a revised site lighting plan for city approval. This plan shall show h,)%v the lightfirp on the buildinas would add to the site lighting, and the plan should have additional lighting near the driveways, where they intersect the public street. so the driveways are adequately lit. This plan also shall show details about the pro posed light fixtures to ensure they are a design that bides the bulb and here from view to avoid nuisances. The light berates trust have concealed lenses and bulbs to property shield glare from the adjacent street right-of-ways and froth adjacent residential properuwS. C. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utdiLv plans, 1). A letter of credit or cash escrow for all required exterior improvements. The arrroLuv shall be 150 percent of the cost of the work, Staff shall determine the dollar amours` of the escrow. 191 E. The developer shall close on the purchase of the properties - ,vith the city be tore hicuny will issue a grading or a building permit for the project. F The contractor or builder shall meet all ofthe requirements of the fire marshal and building official. G. The applicant shall obtain all required permits from the Ramsey-NVashinPron -Metio Watershed District- I I H. The applicant shall Submit an address and traffic s iaax plan for staff approval. Submit revised building elevations for city staff approval, These elevations hall show the smile on the front of the attached garages to be installed as a wainscot to the height kil'i he trim board located on the sides of the units, J. Submit litimerlomar's association documents for city staff approval. These such imccitV the availability of overnight parking for the residents and guests on the private roads and driveways. Complete the following before occupying the buildings: a. Install leflectonzed stop signs at each driveway connection to Hazelwood SirceL and Legacy Parkway, ahourdicaff-parking sign for each handicap-parknog space and all address on each building. In addition, the applicant shall install "ilk) parking" and any traffic control sips within the site, as required by staff. b. Install and taper the concrete sidewalk along Hazelwood Street and Legazy Parkway to match the driveways. C, install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code requirement). ll, Install continuous concrete curb and saltier along all interior driveways and around all open parking stalls, c. Install on-she lioshfirm for security and visibility that follows the approved site lighting plan. All exterior lighting shall fiodlo%s the approved lighting pull that Shows the light spread and fixture design. The light fixtures must have concealed leases and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. f. Install the trails and sidewalks as shown on the approved plans and as requiredby the city engineer, g. The developer or contractor shall: L Place temporary orange safety foetchut and signs at the grading hunts. 1 Remove any debris or junk from the site. 101 6. Repeat this review in two 'Years if the city has not issued a building permit for this moicct by that time, 7. Any identification signs for the project must meet the requirements of the city sign oid'intrice. S. The city approves the setbacks as shown on the project plans. 9. All work shall follow the approved plans. The director of community development may appro%, e minor changes, 10. The city sw ill allow a temporary sales office until the time a model unit is available for use. Saxil a temporary building shall be subject to the requirements of the building official. I!. No units facing Hazelwood Street shall have utility rooms or exposed utility meters oil that elevation, 12. The applicant shall work with staff to propose suitable screening for outside utility meters. This may include painting the meters and other utilities along the side of garages plus adding landscaping in front of the meters as may be needed. 13. If any required work is not done, the city may allow temporary occupancy if: a - rhe city determines that the work is not essential to the public health, Safety or irQilxrQ. b. The abode - required letter of credit or seen escrow is held by the city for all reposed exterior improvements, The owner or contractor shall complete any unfinished landscaphl.- by June I if the building is occupied in me fill orwinter, or within six weeks of occup.-Ilcy I - I - if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unrillished work, S 1-conded by 6 uncilmember Koppen Ayes -All 15 Agenda Item G3 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), City Project 02 -07: Resolution for Modification of the Existing Construction Contract, Change Orders 7, 8, 9, 10, 11 and 12 DATE: May 2, 2005 I.III III :is] 118831 [a].I The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 7, 8, 9, 10, 11 and 12. Background On June 28, 2004, the city council awarded the construction contract for the utility and roadway construction to Shafer Contracting, Inc. in the amount of $2,364,326.51. Change Orders 1, 2, 3 and 4 were approved by the city council in 2004. The current proposal is for Change Orders 7 -12. 1 should be noted that Change Orders 5 and 6 were eliminated through staff discussions with URS, the city's consultant. The items originally proposed under Change Orders 5 & 6 were determined to be extra work items that the contractor was due as a result of oversights by URS, and for which they agreed were their responsibility. Staff, URS and Shafer Contracting have been negotiating and finalizing these change orders since the end of 2004. Typically change orders would be brought to the city council in a more timely manner. However, because of the elimination of Change Orders 5 & 6 and the fact that the contractor had not signed all the change orders until recently, they are only now being brought to the city council for consideration. The specifics of each of the Change Orders 7 -12 are listed on the attached change order forms and are summarized below: ❑ Change Order 7 ($1,609.73): At the direction of the engineer, additional revisions to the traffic control and detour plan were made to better handle traffic and meet the needs of the adjacent property owners. ❑ Change Order 8 ($14,800.50): At the direction of the engineer, additional poor soil had to be removed from the roadway excavation area and had to be replaced with more suitable material. ❑ Change Order 9 ($6,000): Staff agreed to the contractor's request to honor the contract's incentive condition for early substantial completion to recognize the contractor's efforts to complete the project in a timely manner, despite delays caused by the utility companies and the unavailability of easements in a timely manner. The contractor provided the City with a letter agreeing not to make any claims caused by the above mentioned delays. Agenda Item G3 ❑ Change Order 10 ($18,758.00): As part of the old Venburg property purchase and the project design process, a good faith effort was made to identify potential issues related to the building. However, some items could not be identified until the building was vacated and additional destructive testing could be performed. The biggest item identified in Change Order No. 10 is the abatement and disposal of unexpected asbestos materials. ❑ Change Order 11 ($1,803.60): Additional signage and traffic control that was required as a result of the need for a temporary crossing of the BP pipeline, until the pipeline is relocated in 2005. ❑ Change Order 12 ($375.00): Pipe insulation added at the direction of the engineer. The total amount of Change Orders 7 -12 would increase the contract by an amount of $43,346.83. Budget Impact At this time, no revisions to the budget or financing plan are recommended. These changes are expected to fall within the original project budget. There is no general tax levy funding for this project and this action will not impact the tax levy. Funding for this project is from current State Aid bonds, assessments and tax abatement funds. RECOMMENDATION It is recommended that the city council approve the attached existing construction contract, Change Order Nos. 7, 8, 9, 10, Improvements (TH 61 to Walter Street), City Project 02 -07. resolution directing the modification of the 11 and 12, for the County Road D West Attachments: 1. Resolution 2. Change Order Nos. 7, 8, 9, 10, 11 and 12 Agenda Item G3 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 7 - 12 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, through negotiations Change Order Nos. 5 & 6 have been eliminated such that they have no ($0.00) effect on the contract amount, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order Nos. 7, 8, 9, 10, 11 and 12, as an increase to said contract by an amount of $43,346.83, such that the new contract amount is now and hereby established as $2,421,378.70. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 7, 8, 9, 10, 11 and 12 as a contract increase in the amount of $43,346.83. The revised contract amount is $2,421,378.70. No revisions to the project budget are required at this time, as these changes fall within the original project scope and budget. URS Copy Cky Copy Contractor Copy CHANGE ORDER NO.7 `�`� ` t' DEPARTMENT OF PUBLIC WORKS atn CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 - 121 -03 / 138- 112 -05 Project No. 02 -07 Date: 12/15/04 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following Provisions: As directed by the City of Maplewood, Shafer Contracting installed additional detour signage on the project. The extra signs and devices were inplace from 8/27/04 to 11/23/04. MnDOT Estimating approved Shafer's pricing on the devices as follows: Description Sign Panels Type C Type III Barricade Road Closed Panel Flasher Type A Signs - Special MnDOT No. Quantity/Unit 2563.617 43.5 SF/DAY 2563.613 1 EA/DAY 2563.617 12.5 SF/DAY 2563.613 1 EA/DAY 2563.618 32.5 SF /SF Contract Status Original Contract Net Change of Prior Change Order No. 1-6 Change this Change Order: Revised Contract: Approval Unit Price 0.16/88 DAYS 2.75/88 DAYS 0.10/88 DAYS 0.50/88 DAYS 18.50 /SF Extended Cost $ 612.48 $ 242.00 $ 110.00 $ 44.00 601.25 $1,609.73 Cost $2,369,862.11 $ 10,761.32 $ 1,609.73 $2,382,233.16 Approv Agreed to by Contractor v By Its P�SiyirT Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #7, Page 1 of 2 t1RS Copy City Copy Contactor Copy State Aid Copy CHANGE ORDER NO. 8 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 /138- 112 -05 Project No. 02 -07 Date: 3/1/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Easement issues interfered with Shafer Contracting's ability to construct embankments using common excavation materials located within the project limits. The City of Maplewood agreed to pay Shafer to load, haul and place material from a City -owned stockpile at the Venburg/Gulden site. The embankments were built between Stations 83 +00 and 85 +00 using 4,554 CY (LV) from the stockpile. Shafer offered a price of $3.25 CY (LV), which the City accepted. Description MnDOT No. Quantit Unit Price Common Borrow (LV) 2105.523 4554 CY (LV) $3.25/CY Extended Cost $14,800.50 Contract Status Cost Original Contract $2,369,862.11 Net Change of Prior Approved Change Order No. 1,23,4 $ 8,169.76 Approved Revised Contract: $2,378,031.87 Net Change of Prior Pending Change Order No. 7 (5 & 6 Removed) $ 1,609.73 Change this Change Order: $ 14,800.50 Possible Revised Contract: $2,394,442.10 Approval Approvs Agreed to by Contractor By Its Approval Fa4pol =1r.1eT Title Assistant State Aid Engineer (For Funding Approval Only) C.O. #8, Page 1 of 2 URS Copy City COPY Contractor Copy State Aid Copy CHANGE ORDER NO.9 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 / 138-112-05 Project No. 02 -07 Date: 3/7/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The Contract Agreement (modified under Change Order No. 1) for this project contains a Phase 1 incentive payment ($1,200.00 per day not to exceed $6,000.00) for substantial completion of Phase 1 construction before October 15, 2004. Shafer was unable to meet the Phase 1 completion date due to public utility delays. The City of Maplewood recognized Shafer's efforts to meet the completion date and agreed to a revised Phase 1 completion date of November 12, 2004, provided Shafer made no additional delay requests or claims for Phase 1 construction. The City agrees to pay the full incentive because Shafer accomplished Phase 1 substantial completion by November 12, 2004 and will make no further delay claims for Phase 1 construction. The value of this change order is $6,000.00. Contract Status Cost Original Contract $2,369,862.11 Net Change of Prior Approved Change Order No. 1,2,3,4 $ 8,169.76 Approved Revised Contract: $2,378,031.87 Net Change of Prior Pending Change Order No. 7 8 (5 & 6 Removed) $ 16,410.23 Change this Change Order: $ 6,000.00 Possible Revised Contract: $2,400,442.10 Approval Approv; Agreed to by Contractor Lm Its �¢�-sl vzrt i Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #9, Page 1 of 2 URS Copy CRY copy Contractor Copy State Aid Copy CHANGE ORDER NO. 10 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02 -07 Date: 3/1/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Removal of the former Venburg Tire Building, 2990 Maplewood Drive, required extra work as follows: Abandon and Sea] Well Shaft I Ea $ 1,500.00 Remove Septic Tank 1 Ea $ 1,000.00 Asbestos Abatement 1 LS $ 10,120.00 Hazardous Waste Disposal 1 LS $ 4,290.00 Removal/Disposal of Transite Panels 1 LS $ 1,848.00 TOTAL $18,758.00 Contract Status Original Contract Net Change of Prior Approved Change Order No. 1.2,3,4 Approved Revised Contract: Net Change of Prior Pending Change Order No. 7,8 & 9 (5 & 6 Removed) Change this Change Order: Possible Revised Contract: Approval Approve Agreed to by Contractor V Cost $2,369,862.11 $ 8,169.76 $2,378,031.87 $ 22,410.23 $ 18,758.00 $2,419,200.10 Its i i,n�reT Title Approval 100% Local Fundin Assistant State Aid Engineer (For Funding Approval Only) C.O. #10, Page 1 of 1 URS Copy city COPY Con6'atxor C State Aid Copy CHANGE ORDER NO. 11 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 -121- 03/138- 112 -05 Project No, 02 -07 Date: 3/7/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: By -pass signs and shoulder delineators were placed on Hazelwood Street along the temporary roadway curve over the B.P. Amoco Pipeline. The elevated roadway in the vicinity of the pipeline results in a convexity over the pipeline. The City of Maplewood requested warning signs for this curve due to the horizontal alignment change in conjunction with the convex roadway section. Daily charges for the signs amount to $20.04 per day for the first ninety days of placement and a reduced price thereafter. This change order represents payment in full for the first ninety days (11/24104 to 2/21/05). A listing of installed signs and devices is attached. MnDOT Estimating approved the pricing submitted by Shafer Contracting. The value of this change order is $ 1,803.60. Contract Status Original Contract Net Change of Prior Approved Change Order No. 1.2,3,4 Approved Revised Contract: Net Change of Prior Pending Change Order No. 749,10 (5 & 6 Removed) Change this Change Order: Possible Revised Contract: Approval Approval —4 Agreed to by Contractor By Its >?e Approval Mayor Engineer Title Cost $2,369,862.11 $ 8,169.76 $2,378,031.87 $ 41,168.23 $ 1,803.60 $2,421,003.70 Assistant State Aid Engineer (For Funding Approval Only) C.O. #11, Page 1 of 3 CHANGE ORDER NO. 11 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 / S.A.P. 138-112-05 Project No.: 02 -07 Date: 3/7105 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 11 $ 1,803.60 This change order represents payment in full for the first ninety days of the following traffic control devices and warning signs placed on Hazelwood Street, November 24, 2005: Daily Rate Extension Extension MnDOT No. Qty Description Per Unit All Units 90 Days 2563.613 3 Type III Barricade — 8' $ 2.75 $ 8.25 $ 742.50 2563.613 2 Type III Barricade — 8' $ 3.00 $ 9.00 $ 540.00 w / Large Arrow 48" x 24" 2563.617 1 Standard Sign w / Support $ 1.44 $ 1.44 $ 129.60 Left Curve Arrow 36" x 36" Black on Orange 2563.617 1 Standard Sign w / Support $ 1.44 $ 1.44 $ 129.60 Right Reverse Curve Arrow Black on Orange 36" x 36" 2563.617 1 Standard Sign w / Support $ 1.44 $ 1.44 $ 129.60 Lanes Narrow 36" x 36" Black on Orange 2563.617 1 Standard Sign $ 0.40 $ 0.40 $ 36.00 Advisory Speed Plaque 15 M.P.H. 24" x 24" Black on Orange 2564.550 5 Guide Marker 8" x 24" $ 0.21 $ 1.07 96.30 TOTAL $1,803.60 C.O. #11, Page 2 of 3 URS Copy city COPY Contractor Copy State Aid Copy CHANGE ORDER NO. 12 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 -121 -03 /138-112-05 Project No. 02 -07 Date: 3/7/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: Insulation was placed between storm sewer piping and related utility piping as follows: On County Road D, vicinity CBMH 24, between new storm sewer pipe and new sanitary pipe, 3.6 SY. On Hazelwood St., vicinity MH 22, between new sanitary pipe and new watermain offset, 5.3 SY. On Hazelwood St., vicinity CBMH's 38 & 39, between new storm sewer pipe and new watermain offset, 3.6 SY. A bid item was not included in the contract documents for insulation. Shafer Contracting offered a price of $30.10 per square yard for this material, which the MnDOT Estimating Office approved. (12.5 SY x $30.00 /SY = $375.00) Contract Status Cost Original Contract $2,369,862.11 Net Change of Prior Approved Change Order No. 1,2,3,4 $ 8,169.76 Approved Revised Contract: $2,378,031.87 Net Change of Prior Pending Change Order No. 7,8,9,10,11 (5 & 6 Removed) $ 42,971.83 Change this Change Order: $ 375.00 Possible Revised Contract: $2,421,378.70 Approval Approve Agreed to by Contractor By _ Its Approval Title M Assistant State Aid Engineer (For Funding Approval Only) C.O. #12, Page 1 of 2 Agenda Item G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood Street Improvements, City Project 03 -39 Change Bid Opening Date DATE: May 2, 2005 INTRODUCTION The bid opening for this project was originally scheduled for Friday, May 6, 2005 at 10:30 a.m.. An addendum has been sent to all project document holders advising them that the bid opening has been rescheduled for Friday, May 13, 2005 at 10:30 a.m.. Background Plans for the project are being reviewed by MNDOT State Aid. As of Friday, April 29, 2005, engineering had not received MNDOT's comments and made final revisions to the plans addressing these comments. Although the project can be bid without the final revisions, bids may not be opened until all comments have been addressed. This rescheduling of the bid opening will not affect the scheduled award date of May 23, 2005. Attachment: 1. Location Map Exhibit 1: Project Location Hazelwood Street, Beam Avenue to County Road D City Project 03 -39 Agenda Item G5 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Andrew Gitzlaff, Planning Intern Conditional Use Permit Review Frontline Church 2055 White Bear Avenue April 28, 2005 I.III III :is] 11883 111 [a].I The conditional use permit (CUP) for Frontline Church at 2055 White Bear Avenue is due for review. This CUP is for a church to operate in an existing commercial building. Refer to the maps on pages three through six and the city council minutes starting on page eight. BACKGROUND On May 12, 2004, the city council approved a conditional use permit (CUP) for a church to operate in the existing office /warehouse building at 2055 White Bear Avenue. (See the property line /zoning map on page four and the other maps on pages five through seven.) The CUP for this church was subject to five conditions of approval. On May 24, 2004, the city council reviewed the CUP and agreed to review it again in one year DISCUSSION The church moved into the building in July, 2003, and they have been using this location ever since then. The property owner has completed all site improvements, including sweeping and re- striping the parking lot and installing a doublewide door at the front entry. The church is meeting all city ordinances and all the conditions of approval RECOMMENDATION Frontline Church at 2055 White Bear Avenue is meeting all the CUP conditions. Staff recommends the council review the permit in the future only if a problem arises or if Frontline Church proposes a major change to the site. REFERENCE INFORMATION SITE DESCRIPTION Site size: 8.8 acres Existing land use: Existing office /warehouse building SURROUNDING LAND USES North: Vacant property planned and zoned M -1 (light manufacturing) South: DNR Gateway Trail West: A single dwelling and Excel Air across Prosperity Road East: Maplewood Community Center across White Bear Avenue PLANNING Zoning: M -1 (light manufacturing) ORDINANCE REQUIREMENTS Section 44- 1092(3) requires a CUP for churches and for places of worship. p:sec15 \frontline church CUP review - 2005.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Area Map 4. Floor Plan 5. Proposed Floor Plan 6. May 12, 2003 City Council minutes FA m <i" A4 i 1 LtLlZ-l-J AVE. t� FLO A/t; FLO 0ffJj A E N t 6 64 C6 'LBEIJM0W BELMON 0 Ali KILLMAN AVE, E HARRIS AVF, 7 AVE RIDGEWOOD E I: FIOSEW 0 ISA S � UAj A17*"'M E AkfRA A w Fyti AVE AVE ZIN OWAY ' WRtiMt RIPUN IT HVT V LOCATION MAP Attachment 2 �dd...� -�, \. .... -- �� —� - -�� `.ROAD ,: < w224 « \y /2\ d/7 «a: •. � ��� \ {:®�>.. : : : y`� � �, . . ._«... � .. � . BURKE dyd\ » 42/ ..ww... —� :. . . . ...� u \3 4 3S\ 9 9 1731 L, 1712 1997 isea L � — I L-17� ivm 1731 L, 1712 1997 Attachment 4 S� SflBRIE HIxH SCHCt4L Ate. P ARK I NG { OT Y I PROPOSED CHURCH AREA i i i i 4� �. n j k v 4 N l.] Attachment 5 LL ti ti w N s 1 x P m c r� ai C t f c — II i €w 4 x x z 4 N 7 MINUTES MAPI,EW00D CITY COUNCIL Attachment 6 7:03 P.M., Monday, May 12, 2443 Council Chambers, Municipal Building Meeting No, 03-09 6. 8:2 p,ni, Frontline Church Conditional Ust; Permit (20 White Bear Awiluc) a. Citv Manager Fursman presented the staff report. b, Associate Planner Roberis presented spccifics frorn tile report, e. Comaniswi-ter Rossbach presented the Planning Cortlrniqsion Report. d. Slavor Cardinal tiparied the J)UPlic hearing, calling for proponents or opponents, The following person was heard! Bill Arrigoni, 1 194 1 It lhop Ridge, HOLI]KIII, WI 0. Mayor Cardinal closed the public hearing. Councilrncniber Collins moved to ac pt the foll<aw to resolttt for the conditionallise psn for Frontime ChUTCh 19 _22et<ae building at 2 White Bear Avenue. 'Nlal)leYo(ld bases this Pertint on the findi c1quired by ifle aide and aghiectto the following g RESOLUTION'03-0 CONDITIONAL USE ]PERMIT RESOLUTION WHEREAS, iMr. 13 AlTiS10111, I Cpt - e;ervtin,g Frontline Church, IS requesting that Nlaplewood approve I! conditional use pernin, for a church to operate in an existing office/warehouse building, WHEREAS, this permit applies to the propetly at 2055 White Bear Avenuc,The logal de cdj)tioii 1s: SABIN GARDEN LOTS, SUBJFCTTO ROAD; EXCEPT PART OF LOTS 4,5 & 6 RI f) DESCRIBED AS COM AT SW CORNER OF SAIL) LOT 6 THEN NEILY ON to ESTE"RLY LINE SAID 1-0 I'S FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID 1-0 1 6 FOR ,,1) 1-56 17 THE NELY DEF LEFT 90 DEGREES FOR 263,26 F NWLY DEF LEFT 90 DE6 FOR 270.39 FT TO POINT ON WLY LINF SAID LOT4 SAID POINT 13EING 3l3 FT NE, OFSAID SW CORNER OF SAID LOT 0'1'111-'SWLY TO BEGINNING; T[ IF-, FOLLOWING PARTOFSAID LOTS 4.5 & 6 LYINO SLY OF A LASE DESCRIBED AS BEGINNING ATPOIN"I ONWL SAID I,OTS'Atial NLY I SW CORNER SAID LOT 6 THEN' SELY40 POINTT ONEL'OF SAID LOT 5 SAID POINT` BEING 168 FT NORTH, FROM SE CORNER OF SAID LOT &THERE TERNLINA (PIN 1 isasfoflows: On A pri 1 '21, 2003, t plat ini n - conitil issi oil recommended that the cnY C-OLIM! I I approve this pc'nint, 8 Cilv Contici 1 -12-03 On May 12, 2003, the city council held a pull hearing. The city staff Ind it notice in !tic paper and sent notices ro the SurfoutudilIg PrOgMy ONVoCTS. The Council gave everyone at tile hearing a chance to speak and present iviken statements. The council also Considered reprol's and renon-nnendatioro, of the city staff and panning comi-trialcm, mm, TtIERFFORE, BE IT RESOLVED that the council approxe the above.clescribal condonasill use pernin, based on to building and site plans, The city approves this permit because: 1. lie use would be Watcd, deagnaL maintained, constructed and operated to he in conformity with Niaplavood's Comprehensive Plan and Code of Ordinances, 2. The use would not change the existing or planned character of the surrounding al - rNi. 1 The use "muld not dairceiato property value,,. 1 The use would not involve any activity, process, materials, equipment or methods ol'operation dial would be dougUOUS, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smilke, dusi, color, ftrrnes, water or all pollution. drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances, 1 The use would generate only minimal vehicular traffic on local streets and ecallct not create traffic corruestion or unsafe access oil exisling or Imposed streets, 0. The use would be -served by adequate public facilities and servicen inchulking slivers. police and tile firraction, drainage structures, water rind sewer systems, schools and parks, T Ile use would not create excessive additional costs for public facilities or servictvs. 8, The use vvixild maximize the preservation of and incorporate the site's natural and scenic [, :aurrcs 11110 the deVelOPITICTo design. 9. The LNSC WOUki CJUSC Ardrual adverse environmental effects. HE Ile coy council may waive any of the above requirements provided the council dclenrencs that tile bahning of public interest between governmental units would be best scrial by such it Aiusen Approval in subject to the WaHowing conditions: All construction shall follow the plans dated Am-ch 26, 2W3, as approval by the shy. The director of community devck)pment, relay approve minor changes. 2. The Imposed church nrust, be stoned in this Wation within one yaw after commil approval in the permit shall end. The Council may extend this deadline fcar one year. The church shall meet the requircractus of the city building official and the fire marshal. In addition, city staff shall detarrine the inaviniurn Capacity ()]'tile Church upon review of the ured floor and building 4. The property owner or manager shall sweep and rcsi.ripc the parking lot lirlore the church Occupie", their space. 9 (An Wunul 05 1253 The -it ycounci I shall reviee, this pt[ Illit in one year. Secondod by Councili Koppen Avc -AHI 10 Cia Count 05 -t® -0& MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Andrew Gitzlaff, Planning Intern Conditional Use Permit Review Dearborn Meadows PUD Castle Avenue and Castle Court April 28, 2005 INTRODUCTION Agenda Item G6 The conditional use permit (CUP) for the Dearborn Meadows planned unit development (PUD) is due for review. This CUP is for a 15 -unit town house PUD on Castle Avenue and Castle Court, east of White Bear Avenue. Refer to the maps on pages three through seven and the city council minutes starting on page eight. BACKGROUND On May 27, 2003, the city council approved a revision for the conditional use permit (CUP) for the Dearborn Meadows PUD. This revision was for the 15 -unit town house development on Castle Avenue and Castle Court. (See the property line /zoning map on page five and the other maps on pages three through seven.) The CUP revision for this development was subject to seven conditions of approval. On September 8, 2003, the city council approved the final plat for Dearborn Meadows East. This plat created nine lots for town houses in the second phase of the Dearborn Meadows development. (See attached final plat map on page seven). On May 24, 2004, the city council reviewed the CUP for the Dearborn Meadows PUD and agreed to review it again in one year. Q 6.18111 :9 [a]. The builder is progressing with the town houses in this development. The majority of the building and site construction for the first phase of the development is complete. Preliminary construction on the town homes in the second phase of the development is underway. Pat Kinney, the owner's representative, expects that the contractor will have these items completed by early next year. Since not all of the site improvements are complete and the owner will not be finished with the project until later this year, the city council should review this permit again in one year. This review will give staff and the property owner a chance to ensure that the project is meeting all city ordinances and conditions of approval. INx8101MI MI:Iki ULA III [a]ki Review the conditional use permit (CUP) for the Dearborn Meadows PUD on Castle Avenue and Castle Court again in one year or sooner if the developer or the owner proposes a major change to the site. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.6 acres SURROUNDING LAND USES North: Home Depot across Highway 36 South: Single and double dwellings on Cope Avenue West: Houses on Castle Avenue East: Houses on Castle Avenue PLANNING Existing Land Use and Zoning designations: R -2 (single and double dwellings) Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. p:sec11 \fDearborn Meadows CUP review- 2005.doc Attachments: 1. Location Map 2. Area Map 3. Property Line /Zoning Map 4. Proposed Preliminary Plat -2003 5. Proposed Final Plat (East Addition) - 2003 6. May 27, 2003 City Council Minutes FA Attachment 1 NORTH 2.P ■ M c } 0' 1700' 3400' \ �� �� \ \�� ?�� :��\ 2" SCALE NORTH SAINT PAUL ' HOL10%ky y %m t \ \ � \� �' \ < � FRM P LE Y \�44 | \ . � / } \ } mem" LK \a, : AREA MAP 4 Attachment 3 \ 41 ' wads ■ 4-1 \. M � ƒ� &�} �/ Attachment 4 --- ------------ dl� any va�ore m Cx,;z= 4 soNz, [NC, 7�ROPOSED PRELIMINARY PLAT 15 UNIT PLAN — 2003 4 .. . ......... 7�ROPOSED PRELIMINARY PLAT 15 UNIT PLAN — 2003 4 Attachment 5 . ..... ... . N 7 H. PUBLIC HEARINGS p.m, Dearborn Meadow East (Castle Avenue) Conditional Use Permit Revision foi Planned Unit Developirenit Preliminary Phil Revision Design Approval a. City Manager Fursnom presented the staff report. b, Associate Planner Pcherts presented specifics from the relaor, C. Commissioner Dicrich presented the Planning Commission Report, d, Boardmember Shankar Presented the Community Design Review Board Report, a. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The fallov,ing person was heard: Patrick Kinney, the applicant, 4108 0alstrede, White Bear Lake (L Mayor Cardinal closed the public hearing. COLITICilmember Wasiluk moV,e,d Londo I the fill](PMU rCS OILMOn appr LL�IC I RESOLUTION 03.05-09- CONDITIONAL USE PERMIT REVISION RESOLUTION WIIEREAS, Mr, Pat Kinney applied for a conditional use permit (CUP) revision for tile Dearborn Meadow residential plaimcd unit development (PL ). WHEREAS, this p-ermil, applies to the 15-lot Dearborn Meadow East development the city received on April 7, 200, The 1--gel description is: 11 Lots 16 and 17, Blc)ck 6, Lots 27, 28, - and the cast half of Lot 26, Block 7, Lots 1, 2. and 1, Block 10, Lots 14 and 15, Block 11, one[ Lots 18-22, Block 6 and Lots 9-13, Block 11, all in Dearborn Park, together with adjacent alleys and streets, in Section I I . Township 29, Range� 22, I I I - Ramsey County, Minnesota. (Tile property to be known as Lots 1-6 of Dearborn Mcadow and Lots 1-9 of Dearborn Meadow East) WHEREAS, the hiStorV OfLIIIS COuditi(Alal use I)CMIL is as follows: 1.1 1, On May 5, 2001, the planning conniussion recorrunended that the city council approve this permit, 1 Oil s4 as 27, 2001, Lhe City COLUXI I held a public heanno. The city staff published a iuxkce in file paper and sent reuses to the surrounding n property owners. The. counci I gr ive everyone at the hearing a chance to speak and present written staternerlB. 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 becau.se: The Use Would be located, desianed, maintained, constructed and operated it) be in conformity with tile City's Comprehensive Plan and code of ordinances. 1 'rile use would not chance the existing or planned charterer of the Surrounding area. 3. The use would not depreciate property value s. 4. The use would not involve any activity, process, materials, eqUipluCtu or methods of'oporation I - that would be dangerous, hazardous, detrimental. disturbing or cause a nuisance to any persOjl or property, because of excessive noise, glare. smoke, dust, odor, hurries, water or air Pollution. drainage, %vaterruri-off, vibration, general unsidithricss, electrical interference oj other nuisances. 5. I use would generate only minimal vehicular traffic on local streets and would net Create traffic congestion or unsafe access on exisfirt or proposed streets, 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, draintic'e Structures. Water and sewer systems, schools and parks. The use would not co o tire excessive additional costs for public facilities or services. S. The Use would Tisaxitnize the preservation of and incorporate the sitc*s natural and scenic features into the development design. 9. 'rile rise o cold cause minimal adverse eaVir(MITICTILUI effecte. Approval is Subject to the following conditions All construction shall follow the plans approved by the city. The city council may approve Major chanties to the plans. The 17JreCL0r of Community Development may appiswe, minor chanties to the plans. Such changes shall include: a. RI-visine the grading and site plans to show: 1) - rile developer mininuzing file loss or removal cif natural vegetation includiru, keeping and protecting as many of the trees as Possible. (2) Ail driveways at least, 20 fact wide, If the developer wants to have parking (in one side of the main drive (Castle Place), then it Most he at least 28 feet wide. 9 0) All parking stalls with a width of al least 9,5 Jest and a length of at least 19 fact. (4 Resised storm water pond locations and designs as suggested or required by the watershed district or city en The ponds shall meet tIle ettv's design standards: 2, The proposed construction (rifElearborn Meadow East) must be SUbStairielly started within one year of council approvi'd or the permit shall slid. The council may extend this deadline for oil(- yea]-. 3, Have t tie city eriameer aplaswe final construction and engineering plans. These plans shal I meet all the conditions and changes noted in the enafflect metal detect .Ap 24, 2003 4. The approved setbacks for the principal structures in the Dearborn Meadols shall be: a, Front-yard setback (from a public street or a private driveway): rinnit - - [set. maximum - 35 fact b. Front-yard setback (public side street): minnuum - 30 feet, maximum - n0ne c. Rear-yard setback: 30 feet fi any adjacent residential property line d. Side-yard setback (toryn houses): fullinnUill - 20 feet front a property line and 20 lcci Minimum between buildin 5. The developer of builder will pay the city Park Access Charges (PAC lacs) for each lmusui2 unit at the nine of the building permit for each housing unit. I" - 6.The developer or contractor shall. a. Complete all grading for the .site drainage and the ponds, complete all public improvements and meet all city requirements, 1). Place temporars canine safety fencing �uid signs at the grading limits. 1 - 1 1 C- - 0 a, Remove any debris or junk front the site, 1, The city counci shal review this permit in one yeur. Seconded by Council mernberRICIII-Maull Ayes - .All Cc)iiiicilmeniberW,t.silukiiiovcdt�i spro athas --al cd on the frillowing conditions 1. Sit'n an .1.0reernent with the city that guarantees that the developer or contractor will: a. CorTIPICIC all k oraditn for overall site drainage. complete all public improvement, and itiect all city requirements, b. Place temporary orange S.tfety fencing and signs at the grading limits. IM C. Pay the City for tile Cost of snota identification kind no-parking ngn�. d. Provide A required and recCsSark' eaSCITICISIS (including kil I utility casements and ten-foot drainage and utility easements atoro the front and real lot lines of eadi lilt and fist look drainage and utility Casements along the side lot lines of each lot), c. Cap and seal any welds on site, f, Have Xcel Energy install a Street light at the intersection of Castle AV nut Urld the fe'OpoSCLI private driveway (Castle Placc). The exact, Iocafion and type of tight shat I besubjOct to the City engineer's approVC], g. Instal permanent signs around the edge of the wetland buf fer casement. These signs shall mark the edge of the easements and shall state that there shall be no rowing, vegetation cutting, filling aradrn or dumping beyond this point. City staff shall approve the sign design and location before the conti',ACLOI� installs (hern. The developer (11 Contractor shall install these signs before the City issues building permits in this plat. ll. InStZill, Survey monuments along the wetland boundaries. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the condition and changes listed in tile joerras dated April 28, 2003, and shall most, the fell owin g taludi ti oils: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: I) Include proposed building pad elevation and Contour inforniation for each bonne site. The lot lines oil this plan sfi;dl follow tile approved preliminary plat. pl Include clinuitir information for all the land that the construction will disturb. ShmS housing pads that reduce the grading on sites where the developer Call save large [Tees, (4) Show the proposed street anddriieway grades asallovved by Lill- city engineer. (5) Include the tree plan that: Slime vkhere the developer will temp e, say e or replace lur trees. This plan shall include an inventory of all existing large trees oil the site, - 11 Shows no tree removal beyond the approved grading and tree limits. I - C' (6) Show drainage areas, and the developer's engineer shall provide the city enitillear with the drainage calculali kills, The drainage design :shall accommodate the runoff from the SUrroundinls anow. Tile undeveloped parcel it the cast of this site Shall have unrestricted access to the k4orto sewer With a CapaCily 10 aecomtricidate post 11 development runoff. e. The street and utility plans shall shoo the! (1j Water service to each I Or and unit, (2) Repair of ( - 7astic .Avenue (,street arid boulevard) after the developer connects it) the public utilities and builds the private chive rays. 3. Pavinu for costs related to the ctunnecring department's revic" of the construction plans, I - - - 4. Change the pier as follows: 11 a, Add drainaac and utility casements as required by the city errgineci% This shall include a 30 - f(is-it-wide easement for the existirto 16-inch water main and easements for =y other evisting utilities on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the description and location of the caserrictu for the water main, K Show drainac-e and utility easements along all property lines on the final plat. Tloec easements shall be ten feet wide aloart the fosra and rear property hres and Five fact w rdC alone the side property fincq. c. Label the nordi/south part of the private driveway as Castle Place, label Castle Street is Castle Avenue and label the east west part of the private driveway as Castle Court on al I plans, d. Label the corarrion area as Outiou A. Secure and provide all required casements for the development including any off -sire drainage and utility casements. 6. The dew-loper shalt complete all pgriafing for public i to prove ments and overall site drainage, The Chv engineer shelf include in the developer's agreement any s that the developer or contractor has not completed before final plat approval. 7 if necessary. obtain a perturt from the Ramsey-WashingtOo Morro Watershed District for grrdrnQ S. If the dev eloper decides to final plat part of the preh adriary plat, the director of communi ty development may waive any conditions That do not JpplV to the final plat. 9.* SUbmittiriv the homeowners' association bylaws and rules to the direclor ofccaurrianit-, I - development. These are to assure that there will Lie one reslxansil le par-LN' for the maintenance of the private utilities, driveways and Common areas, -------- - - �Thor developer must complete these conditions before the city issues a grading twooll Or approves the final plat, Seconded by COUnCilmernber Koppen Ayes-All IN COLInCiITTICIIIbCI'JL]Cllelna�)II moved to approve the Dearborn Meadow Bast plans datQ- �,Ln ed i _�L -p— Arid 7 , 2003, (site plait �tandscaac �ulan, (-�Traddiqg and �diramio,,2 ans and building, elevations) to Dearborn Meadow, The city bases this a VL )roval on the f — following conditions: 1 . Repent this review in two yeas if the cuy has not issued a buildiloi PCT'nlii, for this projem Complete the following before the city issues a building permit: a, '` Have the City CMdrol appro final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree. sideoalk and driveway and parkin let plans. The Plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. Q-) Tile orading plan shall: C - (a) Include building, floor elevation and contour information. (b) Include contour information for the land that the construction will disturb. (c Show sedimentation basins or ponds as may be required by the wnteriled board or by the citv. engineer, (d) Show a berm (two to four feet high) along (lie South property line Of the site, (3)* The tree plan shall: (a) Be approved by the citis emoncer before site sirading- or tree removal, (b) Show where tile developer will remove, save or replace large Lines. This plan shall include an inventory of till existing large trees oil the she. (c) Show the size, Species and location of the replacement trees. The deciduous TTVC.S, shall be at least two and one half (2 -- } inches iii than icter and shal be a in i x o red and white oaks and sugar maples. (d) Show no tree removal beyond the approved grading and tree limits. (4) All the parking areas and driveways shall have continuous concrete curb and eutter except where the eng city incer decides that it is not needed. Tile applicant anti I - the city eneiricer shall review the curbing plan cc) possfldx� eliminate the Tivill ankles I - - - 11 - on the east end of Castle Court, (5) There shall he cal parking on one side of the 28-loot-widc driveway (Castle Place), Tire developer orconLractor shall post Castle Piece with no parking signs to meet the above- listed standard. The city will allow parking on Castle Court, 1), Submit a certificate OfSUrVeV for all now construction and have each buildinit staked by a 13 registered [arid sUrVCVOr, c. Submit a revised landscape plan to staff or approval that incorporates the following details: (1) All trees Would be consistent With City standards for size, location and species. (2 Planting (instead of sodding) the disturbed areas around the wetland with rrlliuc grasses and native flowering plants. The native CraSSaS and flowerin plants shalt he those neerfine little or no maintenance and shall extend it least four rest from the ordinary high h water mark (01-IWN-1 , ) of the pond, ]'his is to reduce maintenance cost, and to reduce the temptation of people nnosinly into the pond. (3) The ash trees must be at least 2 - inches in caliper, balled and bUrlappl-d. {4 } The platifings, proposed around the front of the units, ShOsYll Oo the JUMISCapC plan date - stamped April 7, 1 -003, shall remain on [lie plan, Of In addition to the above, the contractor shall son all front, side and rear vard areas lexcept, for mulched and edged Slanting beds arid the as within the wetland c:sseorent). (6) The contractor shall restore the Castle AVCMUe boulevard with slid. (7) Adding ten torne evel c-treen trees (Black Bills spruce or Austrian pirres) to tile proposed evergreen trees along the north and south property lines of the site. These trees are to be at least six feet tall and the contractor shall plant these trees In sta-g-PMd rows on the berm, This shall include addinu trees bCL)XCC11 proposed Units 7 and 8 at the northeast corner of the site, d. Present a color scheme for the buildirias with a variety of colors to staff for approval, e. Present a revised building plan for staff approvalthat shows brick wailiscorm-, on the north sides of at I the units that are along Castle Avenue. f. If necessary, get an access permit from MnDOT for the driveways that vvill be on Castle Avenue (,is MnDOT has not turned Castle Avenue back to the city). exte a lf rior improvements. Provide the city with a letter of credit or cash escrow for all requo e The arnount, shall be 150 percent ol'the cost of the work. 3. Complete the hallowing before occupying each building: a. Replace property irons that are removed because of this construction. ri. Restore and sod damaged boulevards. Sod all landscaped trees, except for the area vvithin tire easernent, whiCh may he seeded. C. install Continuous concrete curb and gurter along all niterior drivevvays and around all open parking stalls. d. The developer or contractor shall: 101 (1) Place temporary orange safety fencing and signs at the grading limits. 1 RI -move any debris or uhk from the site. c. Tut addresses on each buildima for each unit. f. provide a dri,eway turn around for Lot 7 on Castle Avenue. 4. [f and required work is not done, the city may allo4y temporary occupancy if: U, The city determines that the work is not essential to the public heathh, safety or welfare. b. The above retluired letter of credit or cash escrow, is held by the City of Mapleeood for all required exterior improvements. `Ihe owner or contractor shall complete any Unfinishcd exterior improverneuts by June 1 if occupancy of the building is in the fall or %winter, or wwithut six weeks of occupancy of the building if occupancy is in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded bvCouneilr emberC;ollins Ayes-All 15 Agenda Item G7 MEMORANDUM TO: Richard Fursman, City Manager FROM: Melinda Coleman, Assistant City Manager SUBJECT: Assignment of HOME Loan Payment with Ramsey County PROJECT: Carefree Cottages I & II DATE: May 3, 2005 I.170] III [a] Enclosed is a letter from Mary Ippel at Briggs /Morgan explaining the request for a refinancing of the loans on Carefree Cottages I & II. Simply put, Bruce Mogren is refinancing his loans on the project. In order to do this, there needs to be a reassignment of the TIF note and a payment to Ramsey County for the HOME fund loan the county made in 1994. The attached documents also ensure that the existing development agreements remain in place. These agreements have been reviewed by Mary Ippel, our bond counsel. INx8101MI MI:Iki ULA III [a]ki Approve the resolution authorizing the new assignments of loan documents for the Carefree Cottages I & II and authorize the mayor and staff to sign the necessary documents to execute the agreements. P:SeC10 \carefree loan 2005 Attachments 1. May 2, 2005 letter from Mary Ippel 2. Document Resolution 3. Assignment of tax increment financing 4. Consent for TIF assignment 5. Assignment of tax increment financing 6. Consent for TIF assignment 7. Assignment of loan documents BRIGGS AND MORGAN 2200 HRST N,MONAL YANK BUILDING 332 111N N hSOT,1 STRh h T SALNT PAUL, %HNNhSOTA 99101 THLHPHON h (691) 808 -6600 MCSL11lLh (691) 808-6490 PROYh SSIONAL ASSOCIATION May 2, 2005 VIA E -MAIL Melinda Coleman Planning /Community Development Director Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 -2702 IX�RIThWS DIRRCT DIAL (651) 808 -6620 l\ RITHR'S h -\I,UL mippel@bris.com Re: Carefree Cottages of Maplewood Limited Partnership and Carefree Cottages of Maplewood Limited Partnership II Dear Melinda: The City of Maplewood established two tax increment financing districts (Housing District No. 4 and Housing District No. 1 -5) in connection with two elderly housing projects developed by Carefree Cottages of Maplewood Limited Partnership and Carefree Cottages of Maplewood Limited Partnership II. In connection with the establishment of these tax increment financing districts, the City entered into a Development Agreement with Carefree Cottages of Maplewood Limited Partnership and issued a pay -as- you -go tax increment note of 1994 dated May 1, 1994, and entered into a Development Agreement with Carefree Cottages of Maplewood Limited Partnership II and issued a tax increment revenue note of 1994 dated May 1, 1994. The limited partnerships are refinancing these projects and have requested that the City consent to an assignment of the tax increment financing for both of these projects. I have reviewed an Assignment of Tax Increment Financing and a Consent of the City of Maplewood for both projects (copies enclosed) and have prepared a Resolution of the City Council (copy enclosed) approving the assignment of tax increment financing. This assignment of tax increment financing is similar to the Assignment of Tax Increment Financing and Consent of the City of Maplewood which were reviewed by our office and approved by the City Council in connection with the refinancing of the elderly housing project that was developed by Carefree Cottages of Maplewood Limited Partnership III. In connection with the housing project undertaken by Carefree Cottages of Maplewood Limited Partnership, the City entered into a HOME Investment Partnership Act Agreement with the Ramsey County Housing and Redevelopment Authority (the "Authority') dated July 27, 1993, pursuant to which the Authority granted to the City $279,000 of HOME funds which were loaned by the City to Carefree Cottages of Maplewood Limited Partnership (the 'Loan). The 1765873v1 MINNEAPOLIS OFFICE IDS Ch,NIh,R XXAX X.BRIGGS.COl4 MEMBER - Lhx -\fJT NDL AGLOBAL ASSOCIA'I'IOS OF ISDP,PP,SDP,S'I'LA\A PIR \2S BRIGGS a_vn MORGAN Melinda Coleman May 2, 2005 Page 2 Loan is evidenced by that certain Loan Agreement, by and between Carefree Cottages of Maplewood Limited Partnership and the City, executed on August 17, 1993; that certain Promissory Note in the principal amount of Two Hundred Seventy -Nine Thousand and No /100 Dollars ($279,000.00) dated August 17, 1993; and that certain Guaranty of payment and performance executed by Bruce M. Mogren and Gerald C. Mogren on August 17, 1993 (the "Guaranty )(the Loan Agreement, the Note and the Guaranty collectively, the 'Loan Documents'). The Loan was originally set up so that loan repayments were made to the City of Maplewood and the City of Maplewood forwarded these loan payments to the Authority. At some point, subsequent to the execution of the Loan, it was determined that it would be easier if Carefree Cottages of Maplewood would pay the loan payments directly to the Authority. However, no formal documentation of this arrangement was put in writing. The proposed lender has requested that this arrangement be put in writing and therefore, I have reviewed an Assignment of Loan Documents (copy enclosed) and the resolution to be acted upon at the May 9 meeting also approves the Assignment of Loan Documents. If you have any questions, please do not hesitate to contact me. Very truly yours, lsl 9Vary L. Ippef Mary L. Ippel MLI /tfy 1765873v1 Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in said City on Monday, the 9th day of May, 2005, at P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING TO CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP AND CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ne5752vi RESOLUTION AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING TO CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP AND CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City "), as follows: 1. The City Council has entered a Development Agreement, dated as of June 28, 1993, (the "Development Agreement ") with Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Developer "). The Developer has requested that the City consent to a collateral assignment of the Developer's interest in the Development Agreement and agree to certain other matters with respect to the Development Agreement pursuant to an Assignment of Tax Increment Financing (the "Assignment ") between the City and Glaser Financial Group (the "Lender ") and consent of the City of Maplewood. Pursuant to the Development Agreement the Developer must obtain the consent of the City prior to malting any assignment of its interests under the Development Agreement. 2. The City Council has entered a Development Agreement, dated as of June 28, 1993, (the "Development Agreement ") with Carefree Cottages of Maplewood Limited Partnership II, a Minnesota limited partnership (the "Developer "). The Developer has requested that the City consent to a collateral assignment of the Developer's interest in the Development Agreement and agree to certain other matters with respect to the Development Agreement pursuant to an Assignment of Tax Increment Financing (the "Assignment ") between the City and Glaser Financial Group (the "Lender ") and consent of the City of Maplewood. Pursuant to the Development Agreement the Developer must obtain the consent of the City prior to malting any assignment of its interests under the Development Agreement. 3. The City entered into a Home Investment Partnership Act Agreement with the Ramsey County Housing and Redevelopment Authority (the 'Authority") dated July 27, 1993 pursuant to which the Authority granted to the City $279,000 of HOME funds which were loaned by the City to Carefree Cottages of Maplewood Limited Partnership (the 'Loan'). The Loan is evidenced by that certain Loan Agreement, by and between Carefree Cottages of Maplewood Limited Partnership and the City, executed on August 17, 1993; that certain Promissory Note in the principal amount of Two Hundred Seventy -Nine Thousand and No /100 Dollars ($279,000.00) dated August 17, 1993; and that certain Guaranty of payment and performance executed by Bruce M. Mogren and Gerald C. Mogren on August 17, 1993 (the 'Guaranty ")(the Loan Agreement, the Note and the Guaranty collectively, the 'Loan Documents '). The City desires to assign to the Authority, all of its right, title and interest in the Loan. 5. The following documents have been submitted to the City Council for approval: a. Assignment of Tax Increment Financing and Consent of the City of Maplewood (related to Carefree Cottages of Maplewood Limited Partnership); ne5752vi 2 b. Assignment of Tax Increment Financing and Consent of the City of Maplewood (related to Carefree Cottages of Maplewood Limited Partnership II); and C. Assignment of Loan Documents (related to Carefree Cottages of Maplewood Limited Partnership). 6. The City Council hereby approves the Assignment in substantially the form submitted, and the Mayor and the Clerk are hereby authorized and directed to execute the Consents of the City of Maplewood and the Assignment of Loan Documents on behalf of the City. In the absence of the Mayor or the Clerk, any document authorized by this resolution to be executed may be executed by an acting or duly designated official. Adopted: May 9, 2005 Mayor Attest: City Clerk n65752vi STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly held on the date therein indicated, insofar as such minutes relate to a resolution giving approval to the execution of Documents Relating To Carefree Cottages Of Maplewood Limited Partnership And Carefree Cottages Of Maplewood Limited Partnership II. WITNESS my hand this 9th day of May, 2005. City Clerk nes7s2vi 4 ASSIGNMENT OF TAX INCREMENT FINANCING THIS ASSIGNMENT OF TAX INCREMENT FINANCING ( 'Assignment') is made as of the day of April, 2005, by and between CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership ("Borrower '), whose address is c/o Mogren Development Company, 1801 Gervais Avenue, Maplewood, Minnesota 55109, and GLASER FINANCIAL GROUP, INC., a Minnesota corporation ('Lender'), whose address is 2177 Youngman Avenue, St. Paul, Minnesota 55116. PRELIMINARY RECITALS: A. Lender is malting a loan to Borrower in the original principal amount of Three Million Six Hundred Thirty Thousand and No /100 Dollars ($3,630,000.00) (the 'Loan'). B. The Loan is evidenced by a certain Multifamily Note dated April , 2005 executed and delivered by the Borrower to the Lender in the original principal amount of Three Million Six Hundred Thirty Thousand and No /100 Dollars ($3,630,000.00) (the "Note') and is secured by, among other things, a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (including any Riders, the 'Security Instrument "'), dated the date of this Agreement, granting a lien on a multifamily residential facility located in Maplewood, Minnesota known as Carefree Cottages of Maplewood I, as more fully described in Exhibit "'A` attached hereto and a multifamily residential facility located in Maplewood, Minnesota known as Carefree Cottages of Maplewood II, as more fully described in Exhibit 'A' attached hereto (collectively the 'Premises'). The Note, Security Instrument, this Agreement and all other documents executed in connection with the Loan are collectively referred to as the 'Loan Documents '. C. The Premises is within the City of Maplewood's (the 'TIF Provider ') Housing District No. 4 and Housing District 1 -5 (collectively the 'Tax Increment District') within its Municipal Development District No. 1. D. The TIF Provider and the Borrower entered into that certain Development Agreement dated June 28, 1993 (the "Development Agreement'). The Development Agreement sets forth the TIF Provider's agreement to provide certain tax increment financing to the Borrower and the Premises in the form of reimbursements to the Borrower out of tax increments derived from the Tax Increment District (the 'Tax Increment Financing") as consideration for undertaking certain improvements to the Premises. E. As provided in the Development Agreement, the TIF Provider executed and delivered to the Borrower, the TIF Provider's United States of America, State of Minnesota, County of Ramsey, City of Maplewood Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Project), dated May 1, 1994 in the principal amount of Seven Hundred Twenty - Eight Thousand Two Hundred Ninety -Three and No /100 Dollars ($728,293.00) (the ' "TIF Note'). F. The TIF Note and the Development Agreement shall be referred to jointly herein as the 'Tax Increment Financing Documents ". G. In order to facilitate the Loan, Lender requires and the Borrower agrees to enter into this Assignment. H. As further security for repayment of the Note, Borrower is executing and delivering to Lender this Assignment. I. All terms not defined herein shall have the meanings set forth in the Security Instrument. NOW, THEREFORE, in consideration of the above recitals, and for value received, the Borrower hereby transfers, assigns and grants a security interest in, pledges, and conveys, to Lender all right, title and interest of the Borrower in and to the TIF Note and the Development Agreement, together with all proceeds thereof and the immediate and continuing right to receive and collect all amounts due or to become due thereunder and all other rights which may derive from or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Tax Increment Financing Documents for the purpose of securing the following (hereinafter collectively referred to as the "Indebtedness Secured Hereby '): One Payment of the indebtedness and obligations evidenced by and performance of the terms and conditions of the Note; Two Payment of all other sums with interest thereon becoming due and payable to Lender herein and in the Note; Three Performance and discharge of each and every obligation, covenant and agreement of the Borrower herein and in the Note, the Security Instrument and all other Loan Documents. BORROWER COVENANTS, WARRANTS, REPRESENTS AND AGREES: Covenants, Representations and Warranties a. That Borrower is the true and lawful, absolute owner of the TIF Note free and clear from any and all liens, security interests, encumbrances or other right, title or interest of any other person, firm or corporation; b. That Borrower has the full right and title to assign and pledge the TIF Note and the Development Agreement; that there are no outstanding claims, assignments or pledges thereof, that there are no existing defaults under the Tax Increment Financing Documents on the part of makers thereof, that Borrower has fully complied with and is not in default with regard to the Tax Increment Financing Documents. C. That Tax Increment Financing Documents constitute all of the documents entered into in connection with the Tax Increment Financing and shall not be amended, altered, terminated, cancelled, modified or surrendered without the prior written consent of Lender. 2 d. That the Premises has been fully constructed in accordance with the Development Agreement and the Borrower is in full compliance with the terms of the Development Agreement, including but not limited to, the low and moderate income requirements set forth in Section 3.3 of the Development Agreement. e. That the unpaid principal balance due on the TIF Note is $728,293.00 and no defaults exist under the terms of the TIF Note. f. That the TIF Note and the Development Agreement remain in full force and effect. g. That there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the Development Agreement or the indebtedness evidenced thereby. The TIF Note and the Development Agreement have not been amended or modified except as provided herein and are valid and enforceable obligations of the TIF Provider and the Borrower in accordance with their terms. 2. Performance under the Tax Increment Financing Documents The Borrower shall fully comply with the Tax Increment Financing Documents and shall enforce or secure the performance of each and every obligation of the TIF Provider in the Tax Increment Financing Documents; not terminate the Tax Increment Financing or borrow against, further pledge or assign any payments due under the TIF Note; not waive, excuse, condone or in any manner release or discharge the TIF Provider from its obligations under the Tax Increment Financing Documents. The Borrower shall provide Lender copies of all notices and certificates sent or received by Borrower under the Tax Increment Financing Documents. 3. Present Pledge and Assignment a. This Assignment shall constitute a perfect, absolute and present pledge and assignment in connection with which the Borrower shall have delivered to Lender the Tax Increment Financing Documents endorsed and assigned to Lender. The Borrower shall execute and deliver to Lender the Allonge Endorsement attached hereto as Exhibit 'B' and the Assignment of Development Agreement attached hereto as Exhibit 'C'. b. The Borrower has retained the right to collect the semi - annual payments under the TIF Note unless and until an Event of Default has occurred hereunder. C. The Borrower shall provide Lender copies of all statements submitted to the TIF Provider for payment on the TIF Note including, but not limited to, the Compliance Certificate described in Section 3.2(5) of the Development Agreement. d. From and during the continuance of an Event of Default beyond any applicable cure period hereunder, upon notice to the TIF Provider, the TIF Note shall be registered in the name of Lender, Lender shall be entitled to submit statements for payment under the TIF Note and all payments on the TIF Note shall be paid directly to Lender to be held and applied by Lender as provided herein. Should the Borrower thereafter receive any payments on the TIF Note, the Borrower shall immediately turn over the same to Lender. Borrower hereby irrevocably appoints Lender as its attorney in fact, irrevocable and coupled with an interest to perform all of Borrower's obligations under the Tax Increment Financing Documents and to cause the TIF 3 Note to be registered in Lender's name and to submit statements for payment under the TIF Note and to collect all payments under and to enforce the Tax Increment Financing Documents including but not limited to the TIF Note and the Development Agreement from and after the occurrence of an Event of Default hereunder. 4. SecurityAgreement This Agreement constitutes a Security Agreement under the Uniform Commercial Code as adopted in Minnesota (the 'Code ') and shall be governed by the Code. 5. Events of Default An Event of Default shall occur hereunder upon the following a. A default or Event of Default occurs under any of the terms of the Note or the Security Instrument or any other Loan Document; or b. Failure to comply with or perform any of the terms, conditions or covenants of this Assignment or the Tax Increment Financing Documents; or C. Any representation or warranty made by Borrower herein, in the Note, the Security Instrument or in any other Loan Document shall be false, breached or dishonored. 6. Remedies Upon and during the continuance of an Event of Default beyond any applicable cure period, Lender may declare all Indebtedness Secured Hereby immediately due and payable and provide notice to the TIF Provider to thereafter make all payments under the TIF Note to Lender and apply all sums held or received by Lender including the payments received under the TIF Note to the Indebtedness Secured Hereby in such order as Lender may determine and may, at its option, enforce the payment thereof and exercise all of the rights of a holder of the Tax Increment Financing Documents. In addition, upon the occurrence of an Event of Default, Lender may without demand, advertisement or notice of any kind (except such notice as may be required under the Code) and all of which are, to the extent permitted by law, hereby expressly waived: a. exercise any of the remedies available to a secured party under the Code; b. proceed immediately to exercise each and all of the powers, rights, and privileges reserved or granted to Lender under the Note or the Security Instrument; C. proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and for the enforcement of any other legal or equitable remedy available to Lender. In the event that any notice is required to be given under the Code such requirements for reasonable notice shall be satisfied by giving at least ten (10) days notice prior to the event or thing giving rise to the requirement of notice. 7. Authorization to TIF Provider The TIF Provider is hereby irrevocably authorized and directed to recognize the claims of Lender without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to Lender or the existence of any Event of Default and the Borrower hereby irrevocably directs and authorizes the TIF Provider to register the TIF Note in Lender's Name and to pay exclusively to Lender or its assigns from and after 4 request from Lender, all sums due under the TIF Note without the necessity of proof of any Event of Default hereunder and to the extent such sums are paid to Lender, the Borrower agrees that the TIF Provider shall have no further liability to the Borrower for the same. The sole signature of Lender shall be sufficient for the exercise of any rights under this Assignment and the sole receipt by Lender of any sum paid by the TIF Provider shall be in discharge and release of that portion of any amount owed by the TIF Provider. 8. Additional Instruments The Borrower upon the request of Lender shall, at the Borrower's expense, execute and deliver all assignments, certificates, financing statements or other documents and give further assurances and do all other acts and things as Lender may request to perfect or to realize upon Lender's interest in the Tax Increment Financing and the Tax Increment Financing Documents or to protect, enforce, or otherwise effect Lender's rights and remedies. If the Borrower is unable or unwilling to execute any such other assignments, certificates, financing statements or other documents and to file financing statements or other public notices or recordings with the appropriate authorities, as and when reasonably requested by Lender, the Borrower irrevocably authorizes Lender to sign and deliver as the Borrower's true and lawful agent and attorney -in -fact, irrevocable and coupled with an interest, any such assignment, certificate, financing statement or other document and to make any such filing. 9. Amendment The Tax Increment Financing Documents shall not be amended, altered, cancelled, modified, surrendered or terminated without the prior written consent of Lender. 10. Release Upon payment and performance in full of the Indebtedness Secured Hereby, this Assignment shall be released and shall thereafter become null and void and be of no further effect. 11. Successors and Assigns This Assignment, and each and every covenant, agreement and provision hereof shall be binding upon the Borrower and its successors and assigns and shall inure to the benefit of Lender and its successors and assigns. 12. Governing Law This Assignment is intended to be governed by the laws of the State of Minnesota. 13. Validity Clause The unenforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this Assignment. 14. Notices Notices which any party hereto may desire or may be required to give to any other party shall be in writing and the mailing thereof by certified mail or equivalent, to the respective party's address as set forth hereinabove, or such other place as such party may by notice in writing designate as its address shall constitute service of notice hereunder. 15. Attorneys" Fees The Borrower agrees to pay all costs of collection, including reasonable attorneys" fees, at any time paid or incurred by Lender in connection with the enforcement of its rights hereunder. 5 IN WITNESS WHEREOF, the Borrower has caused this Assignment of Tax Increment Financing to be executed as of the date first above written. CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner By: Bruce Mogren Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April, 2005, by Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited liability company, the General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public 6 EXHIBIT `PA LEGAL DESCRIPTION The land herein referred to is situated in the County of Ramsey, State of Minnesota, and is described as follows: Parcel A Tract 1: The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers Garden Lots. Tract 2: The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue, and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots. Together with the following described easements: Easement A (Document No. 28923 18) A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota described as follows: Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W (assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees 54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of 24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66 feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees 03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet; thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees 05 minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet; thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of 46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5; thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly along the are of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45 feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27 degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56 seconds W a distance of 573.53 feet to the point of beginning and there terminating. Easement B (Document Nos. 2738823 and 2787234) A 30 foot drainage easement, the centerline of which is described as commencing at the Northeast corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees 06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40 feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13 minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and Easement C (Document Nos. 2738823 and 2787234) The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G. Rogers Garden Lots which lies North of the following described lines: Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64 feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there terminating. Parcel B The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and Northerly of the following described line: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits contained in Document Numbers 2787230 and 2787231. Together with the following described easements: A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are described as follows: Easement A (Document No. 2787236) A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West; thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38 seconds West 51.51 feet to the point of beginning of the centerline to be described, said point being on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes 38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feet to a point hereinafter referred to as point "A'; thence continuing North 45 degrees 06 minutes 38 seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the westerly line of herein described Phase 1 and there terminating. Easement B (Document No. 2787236) Also a 24 foot wide road easement, the centerline of which is described as follows: Beginning at the above described point "A'; thence North 00 degrees 06 minutes 38 seconds West 244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius 42.0 feet, delta angle 45 -8- degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38 seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point 'B" and there terminating. -9- EXHIBIT `PB TO ASSIGNMENT OF TAX INCREMENT FINANCING ALLONGE ENDORSEMENT TO TAX INCREMENT REVENUE NOTE FOR VALUE RECEIVED, CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership, endorses, assigns and transfers with recourse to GLASER FINANCIAL GROUP, INC., a Minnesota corporation, all right, title and interest in and to the following described Note: United States of America, State of Minnesota, County of Ramsey, City of Maplewood, Minnesota Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Project) dated May 1, 1994, in the original principal amount of $728,293.00 executed by the City of Maplewood, Minnesota, as maker, to Carefree Cottages of Maplewood Limited Partnership, as holder. Dated at Minneapolis, Minnesota, as of the day of April, 2005. THIS ALLONGE IS TO BE AFFIXED TO THE NOTE DESCRIBED ABOVE CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner C Bruce Mogren Its: Chief Manager EXHIBIT 'vC TO ASSIGNMENT OF TAX INCREMENT FINANCING ASSIGNMENT OF DEVELOPMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership ( "Assignor ') in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, in hand paid by GLASER FINANCIAL GROUP, INC., a Minnesota corporation ('Assignee'), receipt whereof is hereby acknowledged, does hereby sell, assign, transfer, and set over, to the Assignee, its successors and assigns, that certain Development Agreement dated June 28, 1993, by and between the City of Maplewood, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, and Carefree Cottages of Maplewood Limited Partnership, concerning certain real property more fully described in Exhibit 'A' attached hereto, together with all right and interest in the rights therein specified, and hereby constitutes and appoints said Assignee its attorney -in -fact irrevocable and coupled with an interest to collect and receive said debt, and to enforce and satisfy said Development Agreement the same as it might or could have done were these presents not executed, but at the cost and expense of the Assignee and does hereby covenant with the Assignee that the Assignor has good right to sell, assign and transfer the same. IN TESTIMONY WHEREOF, the Assignor has caused these presents to be executed as of the day of April, 2005. CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner C Bruce Mogren Its: Member STATE OF MINNESOTA ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of April, 2005, by Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited liability company, the General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public EXHIBIT `PA TO ASSIGNMENT OF DEVELOPMENT AGREEMENT LEGAL DESCRIPTION The land herein referred to is situated in the County of Ramsey, State of Minnesota, and is described as follows: Parcel A Tract 1: The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers Garden Lots. Tract 2: The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue, and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots. Together with the following described easements: Easement A (Document No. 28923 18) A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota described as follows: Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W (assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees 54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of 24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66 feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees 03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet; thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees 05 minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet; thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of 46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5; thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly along the are of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45 feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27 degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56 seconds W a distance of 573.53 feet to the point of beginning and there terminating. Easement B (Document Nos. 2738823 and 2787234) A 30 foot drainage easement, the centerline of which is described as commencing at the Northeast corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees 06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40 feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13 minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and Easement C (Document Nos. 2738823 and 2787234) The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G. Rogers Garden Lots which lies North of the following described lines: Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64 feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there terminating. Parcel B The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and Northerly of the following described line: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits contained in Document Numbers 2787230 and 2787231. Together with the following described easements: A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are described as follows: Easement A (Document No. 2787236) A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West; thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38 seconds West 51.51 feet to the point of beginning of the centerline to be described, said point being on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes 38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feet to a point hereinafter referred to as point "A'; thence continuing North 45 degrees 06 minutes 38 seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the westerly line of herein described Phase 1 and there terminating. Easement B (Document No. 2787236) Also a 24 foot wide road easement, the centerline of which is described as follows: Beginning at the above described point "A'; thence North 00 degrees 06 minutes 38 seconds West 244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius 42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38 seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point 'B" and there terminating. CONSENT OF THE CITY OF MAPLEWOOD, MINNESOTA The City of Maplewood, Minnesota ( "TIF Provider ') acknowledges that it has reviewed the Assignment of Tax Increment Financing ( 'Assignment') entered into by and between Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership ( "Borrower'), and Glaser Financial Group, Inc., a Minnesota corporation ( 'Lender') dated April 2005 and consents to the endorsement of the TIF Note (as defined in the Assignment) and to the assignment of the Tax Increment Financing including the Development Agreement (as defined in the Assignment) to Lender and to any subsequent assignment to its successors or assigns. Payments under the TIF Note shall continue to be made to Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership, until Lender gives notice to the TIF Provider that payments under the TIF Note shall be paid to Lender. Upon receipt of such notice, the TIF Note shall be registered in the name of Lender, or its nominee or successors or assigns, and payments under the TIF Note shall be made to Lender. The TIF Provider further covenants, represents and warrants to and agrees with Lender as follows: That it has received good and valuable consideration for the TIF Note and the Development Agreement. 2. That the unpaid balance due on the TIF Note now is $728,293.00 and to TIF Provider's knowledge, without investigation, no defaults exist under the terms of said TIF Note or the Development Agreement. 3. The Project, as defined in the Development Agreement has been fully constructed in accordance with the Development Agreement. 4. To TIF Provider's knowledge, without investigation, the Borrower is in full compliance with the terms of the Development Agreement and the Development Agreement and the TIF Note remain in full force and effect. 5. The TIF Provider will not accept any offer of termination, amendment or modification of the Tax Increment Financing Documents without Lender's prior written approval. 6. To TIF Provider's knowledge, without investigation, there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the Development Agreement or the indebtedness evidenced thereby. The TIF Note and the Development Agreement constitute all of the documents entered into with the Borrower in connection with the Tax Increment Financing and have not been amended or modified except as described in the Assignment and are valid and enforceable obligations of the TIF Provider in accordance with their terms. 7. The TIF Provider hereby agrees that should Lender obtain the appointment of a receiver or become the owner of the Premises, or otherwise enforce its rights under the Loan Documents, Lender shall not be obligated to perform the terms and conditions of the Tax Increment Financing Documents provided, however, that performance of the terms and conditions thereof shall be a condition to TIF Provider's payment of the TIF to Lender under the terms and provisions hereof. 8. Notwithstanding the provisions of Section 4.1(e)(E) of the Development Agreement, the TIF Provider shall continue to make payments on the Tax Increment Financing in accordance with the TIF Note and the Development Agreement, notwithstanding the existence of a default or event of default under that certain loan from the TIF Provider to the Borrower in the original principal amount of $279,000.00 as evidenced by that certain Promissory Note dated August 17, 1993 in the original principal amount of $279,000.00 executed and delivered by the Borrower to the TIF Provider, and that Loan Agreement dated August 17, 1993 entered into by and between the Borrower and the TIF Provider. 9. In addition to providing the Borrower notice of default under the Development Agreement, the TIF Provider agrees to provide Lender, its successors and assigns, with copies of any notice of default given under the Development Agreement and that Lender, its successors and assigns, shall have the right but not the obligation to cure any such default on behalf of the Borrower within the time specified in the Development Agreement, provided that should possession of the Mortgaged Property be necessary in order to cure such default, such time shall include a reasonable amount of time for Lender to obtain possession of the Mortgaged Property and to cure such default. Should an Event of Default occur under the Development Agreement, such that the TIF Provider has the right to cancel, terminate or rescind the TIF Note and the Development Agreement, the TIF Provider shall upon request of Lender honor the TIF Note and the Development Agreement as a direct obligation to Lender, its nominee, successors or assigns, for the remaining unpaid principal balance thereof provided that Lender has cured the Event of Default under the Development Agreement except Events of Default resulting from a bankruptcy filing by the Borrower or foreclosure of the Security Instrument. 10. Provided all other provisions of the Development Agreement which are conditions to payment under the TIF Note are satisfied, the Development Agreement and the obligations of the TIF Provider under the TIF Note shall not be relieved, hindered or restricted in any manner by reason of the foreclosure of the Security Instrument or any event of default under or other remedies which Lender may pursue under the Note or other Loan Documents. 11. The TIF Provider understands and agrees that this Consent of the City of Maplewood, Minnesota ( "Consent") is executed and delivered in order to induce Lender to make the Loan (as described in the Assignment) and but for this Consent Lender would not make the Loan. Dated this day of 1 2005 THE CITY OF MAPLEWOOD, MINNESOTA, a municipal corporation By: Its: Mayor By: Its: City Clerk OPPENHEIMER: 2320045 v05 0412912005 ASSIGNMENT OF TAX INCREMENT FINANCING THIS ASSIGNMENT OF TAX INCREMENT FINANCING ( 'Assignment') is made as of the day of April, 2005, by and between CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership ( "Borrower '), whose address is c/o Mogren Development Company, 1801 Gervais Avenue, Maplewood, Minnesota 55109, and GLASER FINANCIAL GROUP, INC., a Minnesota corporation ('Lender'), whose address is 2177 Youngman Avenue, St. Paul, Minnesota 55116. PRELIMINARY RECITALS: A. Lender is malting a loan to Borrower in the original principal amount of Three Million and No /100 Dollars ($3,000,000.00) (the 'Loan'). B. The Loan is evidenced by a certain Multifamily Note dated April , 2005 executed and delivered by the Borrower to the Lender in the original principal amount of Three Million and No /100 Dollars ($3,000,000.00) (the "Note ') and is secured by, among other things, a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (including any Riders, the 'Security Instrument'), dated the date of this Agreement, granting a lien on a multifamily residential facility located in Maplewood, Minnesota known as Carefree Cottages of Maplewood II, as more fully described in Exhibit "A' attached hereto and a multifamily residential facility located in Maplewood, Minnesota known as Carefree Cottages of Maplewood I, as more fully described in Exhibit "A' attached hereto (collectively, the "Premises'). The Note, Security Instrument, this Agreement and all other documents executed in connection with the Loan are collectively referred to as the 'Loan Documents'. C. The Premises is within the City of Maplewood "s (the 'TIF Provider ') Housing District 1 -5 (collectively the 'Tax Increment District") within its Municipal Development District No. 1. D. The TIF Provider and the Borrower entered into that certain Development Agreement dated June 28, 1993 (the "Development Agreement'). The Development Agreement sets forth the TIF Provider's agreement to provide certain tax increment financing to the Borrower and the Premises in the form of reimbursements to the Borrower out of tax increments derived from the Tax Increment District (the 'Tax Increment Financing") as consideration for undertaking certain improvements to the Premises. E. As provided in the Development Agreement, the TIF Provider executed and delivered to the Borrower, the TIF Provider's United States of America, State of Minnesota, County of Ramsey, City of Maplewood Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Phase II Project), dated May 1, 1994 in the principal amount of Five Hundred Seventy -Four Thousand Nine Hundred Eighty -Seven and No /100 Dollars ($574,987.00) (the "TIF Note'). F. The TIF Note and the Development Agreement shall be referred to jointly herein as the 'Tax Increment Financing Documents ". G. In order to facilitate the Loan, Lender requires and the Borrower agrees to enter into this Assignment. H. As further security for repayment of the Note, Borrower is executing and delivering to Lender this Assignment. I. All terms not defined herein shall have the meanings set forth in the Security Instrument. NOW, THEREFORE, in consideration of the above recitals, and for value received, the Borrower hereby transfers, assigns and grants a security interest in, pledges, and conveys, to Lender all right, title and interest of the Borrower in and to the TIF Note and the Development Agreement, together with all proceeds thereof and the immediate and continuing right to receive and collect all amounts due or to become due thereunder and all other rights which may derive from or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Tax Increment Financing Documents for the purpose of securing the following (hereinafter collectively referred to as the "Indebtedness Secured Hereby '): One Payment of the indebtedness and obligations evidenced by and performance of the terms and conditions of the Note; Two Payment of all other sums with interest thereon becoming due and payable to Lender herein and in the Note; Three Performance and discharge of each and every obligation, covenant and agreement of the Borrower herein and in the Note, the Security Instrument and all other Loan Documents. BORROWER COVENANTS, WARRANTS, REPRESENTS AND AGREES: Covenants, Representations and Warranties a. That Borrower is the true and lawful, absolute owner of the TIF Note free and clear from any and all liens, security interests, encumbrances or other right, title or interest of any other person, firm or corporation; b. That Borrower has the full right and title to assign and pledge the TIF Note and the Development Agreement; that there are no outstanding claims, assignments or pledges thereof, that there are no existing defaults under the Tax Increment Financing Documents on the part of makers thereof, that Borrower has fully complied with and is not in default with regard to the Tax Increment Financing Documents. C. That Tax Increment Financing Documents constitute all of the documents entered into in connection with the Tax Increment Financing and shall not be amended, 2 altered, terminated, cancelled, modified or surrendered without the prior written consent of Lender. d. That the Premises has been fully constructed in accordance with the Development Agreement and the Borrower is in full compliance with the terms of the Development Agreement, including but not limited to, the low and moderate income requirements set forth in Section 3.3 of the Development Agreement. e. That the unpaid principal balance due on the TIF Note is $574,987.00 and no defaults exist under the terms of the TIF Note. f. That the TIF Note and the Development Agreement remain in full force and effect. g. That there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the Development Agreement or the indebtedness evidenced thereby. The TIF Note and the Development Agreement have not been amended or modified except as provided herein and are valid and enforceable obligations of the TIF Provider and the Borrower in accordance with their terms. 2. Performance under the Tax Increment Financing Documents The Borrower shall fully comply with the Tax Increment Financing Documents and shall enforce or secure the performance of each and every obligation of the TIF Provider in the Tax Increment Financing Documents; not terminate the Tax Increment Financing or borrow against, further pledge or assign any payments due under the TIF Note; not waive, excuse, condone or in any manner release or discharge the TIF Provider from its obligations under the Tax Increment Financing Documents. The Borrower shall provide Lender copies of all notices and certificates sent or received by Borrower under the Tax Increment Financing Documents. 3. Present Pledge and Assignment a. This Assignment shall constitute a perfect, absolute and present pledge and assignment in connection with which the Borrower shall have delivered to Lender the Tax Increment Financing Documents endorsed and assigned to Lender. The Borrower shall execute and deliver to Lender the Allonge Endorsement attached hereto as Exhibit 'B' and the Assignment of Development Agreement attached hereto as Exhibit 'C ". b. The Borrower has retained the right to collect the semi - annual payments under the TIF Note unless and until an Event of Default has occurred hereunder. C. The Borrower shall provide Lender copies of all statements submitted to the TIF Provider for payment on the TIF Note including, but not limited to, the Compliance Certificate described in Section 3.2(5) of the Development Agreement. 3 d. From and during the continuance of an Event of Default beyond any applicable cure period hereunder, upon notice to the TIF Provider, the TIF Note shall be registered in the name of Lender, Lender shall be entitled to submit statements for payment under the TIF Note and all payments on the TIF Note shall be paid directly to Lender to be held and applied by Lender as provided herein. Should the Borrower thereafter receive any payments on the TIF Note, the Borrower shall immediately turn over the same to Lender. Borrower hereby irrevocably appoints Lender as its attorney in fact, irrevocable and coupled with an interest to perform all of Borrower's obligations under the Tax Increment Financing Documents and to cause the TIF Note to be registered in Lender's name and to submit statements for payment under the TIF Note and to collect all payments under and to enforce the Tax Increment Financing Documents including but not limited to the TIF Note and the Development Agreement from and after the occurrence of an Event of Default hereunder. 4. SecurityAgreement This Agreement constitutes a Security Agreement under the Uniform Commercial Code as adopted in Minnesota (the 'Code ") and shall be governed by the Code. 5. Events of Default An Event of Default shall occur hereunder upon the following: a. A default or Event of Default occurs under any of the terms of the Note or the Security Instrument or any other Loan Document; or b. Failure to comply with or perform any of the terms, conditions or covenants of this Assignment or the Tax Increment Financing Documents; or C. Any representation or warranty made by Borrower herein, in the Note, the Security Instrument or in any other Loan Document shall be false, breached or dishonored. 6. Remedies Upon and during the continuance of an Event of Default beyond any applicable cure period, Lender may declare all Indebtedness Secured Hereby immediately due and payable and provide notice to the TIF Provider to thereafter make all payments under the TIF Note to Lender and apply all sums held or received by Lender including the payments received under the TIF Note to the Indebtedness Secured Hereby in such order as Lender may determine and may, at its option, enforce the payment thereof and exercise all of the rights of a holder of the Tax Increment Financing Documents. In addition, upon the occurrence of an Event of Default, Lender may without demand, advertisement or notice of any kind (except such notice as may be required under the Code) and all of which are, to the extent permitted by law, hereby expressly waived: a. exercise any of the remedies available to a secured party under the Code; b. proceed immediately to exercise each and all of the powers, rights, and privileges reserved or granted to Lender under the Note or the Security Instrument; 4 C. proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and for the enforcement of any other legal or equitable remedy available to Lender. In the event that any notice is required to be given under the Code such requirements for reasonable notice shall be satisfied by giving at least ten (10) days notice prior to the event or thing giving rise to the requirement of notice. 7. Authorization to TIF Provider The TIF Provider is hereby irrevocably authorized and directed to recognize the claims of Lender without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to Lender or the existence of any Event of Default and the Borrower hereby irrevocably directs and authorizes the TIF Provider to register the TIF Note in Lender's Name and to pay exclusively to Lender or its assigns from and after request from Lender, all sums due under the TIF Note without the necessity of proof of any Event of Default hereunder and to the extent such sums are paid to Lender, the Borrower agrees that the TIF Provider shall have no further liability to the Borrower for the same. The sole signature of Lender shall be sufficient for the exercise of any rights under this Assignment and the sole receipt by Lender of any sum paid by the TIF Provider shall be in discharge and release of that portion of any amount owed by the TIF Provider. 8. Additional Instruments The Borrower upon the request of Lender shall, at the Borrower's expense, execute and deliver all assignments, certificates, financing statements or other documents and give further assurances and do all other acts and things as Lender may request to perfect or to realize upon Lender's interest in the Tax Increment Financing and the Tax Increment Financing Documents or to protect, enforce, or otherwise effect Lender's rights and remedies. If the Borrower is unable or unwilling to execute any such other assignments, certificates, financing statements or other documents and to file financing statements or other public notices or recordings with the appropriate authorities, as and when reasonably requested by Lender, the Borrower irrevocably authorizes Lender to sign and deliver as the Borrower's true and lawful agent and attorney -in -fact, irrevocable and coupled with an interest, any such assignment, certificate, financing statement or other document and to make any such filing. 9. Amendment The Tax Increment Financing Documents shall not be amended, altered, cancelled, modified, surrendered or terminated without the prior written consent of Lender. 10. Release Upon payment and performance in full of the Indebtedness Secured Hereby, this Assignment shall be released and shall thereafter become null and void and be of no further effect. 11. Successors and Assigns This Assignment, and each and every covenant, agreement and provision hereof shall be binding upon the Borrower and its successors and assigns and shall inure to the benefit of Lender and its successors and assigns. 5 12. Governing Law This Assignment is intended to be governed by the laws of the State of Minnesota. 13. Validity Clause The unenforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this Assignment. 14. Notices Notices which any party hereto may desire or may be required to give to any other party shall be in writing and the mailing thereof by certified mail or equivalent, to the respective party's address as set forth hereinabove, or such other place as such party may by notice in writing designate as its address shall constitute service of notice hereunder. 15. Attorneys" Fees The Borrower agrees to pay all costs of collection, including reasonable attorneys" fees, at any time paid or incurred by Lender in connection with the enforcement of its rights hereunder. IN WITNESS WHEREOF, the Borrower has caused this Assignment of Tax Increment Financing to be executed as of the date first above written. CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner By: Bruce Mogren Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April, 2005, by Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited liability company, a General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public 6 EXHIBIT `PA LEGAL DESCRIPTION The Land referred to is situated in the State of Minnesota, County of Ramsey, and is described as follows: Parcel A The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and Northerly of the following described line: Commencing at the Northeast comer of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits contained in Document Numbers 2787230 and 2787231. Together with the following described easements: A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are described as follows: Easement A (Document No. 2787236) A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West; thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38 seconds West 51.51 feet to the point of beginning of the centerline to be described, said point being on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes 38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feet to a point hereinafter referred to as point "A'; thence continuing North 45 degrees 06 minutes 38 seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the westerly line of herein described Phase 1 and there terminating. Easement B (Document No. 2787236) Also a 24 foot wide road easement, the centerline of which is described as follows: Beginning at the above described point "A'; thence North 00 degrees 06 minutes 38 seconds West 244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius 42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38 seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and there terminating. Parcel B: Tract 1: The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers Garden Lots. Tract 2: The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue, and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots. Together with the following described easements: Easement A (Document No. 28923 18) A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota described as follows: Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W (assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees 54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of 24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66 feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees 03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet; thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees 05 minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet; thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of 46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5; thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly along the are of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45 feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27 degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56 seconds W a distance of 573.53 feet to the point of beginning and there terminating. Easement B (Document Nos. 2738823 and 2787234) A 30 foot drainage easement, the centerline of which is described as commencing at the Northeast corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees 06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40 feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13 minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and Easement C (Document Nos. 2738823 and 2787234) The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G. Rogers Garden Lots which lies North of the following described lines: Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64 feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38 feet to a point on the North line of the South 727.39 feet of said -8- Lot 2; thence South 89 degrees 18 minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there terminating. -9- EXHIBIT `PB TO ASSIGNMENT OF TAX INCREMENT FINANCING ALLONGE ENDORSEMENT TO TAX INCREMENT REVENUE NOTE FOR VALUE RECEIVED, CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership, endorses, assigns and transfers with recourse to GLASER FINANCIAL GROUP, INC., a Minnesota corporation, all right, title and interest in and to the following described Note: United States of America, State of Minnesota, County of Ramsey, City of Maplewood, Minnesota Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Phase II Project) dated May 1, 1994, in the original principal amount of $574,987.00 executed by the City of Maplewood, Minnesota, as maker, to Carefree Cottages of Maplewood Limited Partnership II, as holder. Dated at Minneapolis, Minnesota, as of the day of April, 2005. THIS ALLONGE IS TO BE AFFIXED TO THE NOTE DESCRIBED ABOVE CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner C Bruce Mogren Its: Chief Manager EXHIBIT 'vC TO ASSIGNMENT OF TAX INCREMENT FINANCING ASSIGNMENT OF DEVELOPMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership ( "Assignor ') in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, in hand paid by GLASER FINANCIAL GROUP, INC., a Minnesota corporation ('Assignee'), receipt whereof is hereby acknowledged, does hereby sell, assign, transfer, and set over, to the Assignee, its successors and assigns, that certain Development Agreement dated June 28, 1993, by and between the City of Maplewood, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, and Carefree Cottages of Maplewood Limited Partnership II, concerning certain real property more fully described in Exhibit 'fA " attached hereto, together with all right and interest in the rights therein specified, and hereby constitutes and appoints said Assignee its attorney -in -fact irrevocable and coupled with an interest to collect and receive said debt, and to enforce and satisfy said Development Agreement the same as it might or could have done were these presents not executed, but at the cost and expense of the Assignee and does hereby covenant with the Assignee that the Assignor has good right to sell, assign and transfer the same. IN TESTIMONY WHEREOF, the Assignor has caused these presents to be executed as of the day of April, 2005. CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership By: Mogren Housing Development, LLC, a Minnesota limited liability company Its: General Partner C Bruce Mogren Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of April, 2005, by Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited liability company, a General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public EXHIBIT `PA TO ASSIGNMENT OF DEVELOPMENT AGREEMENT LEGAL DESCRIPTION The Land referred to is situated in the State of Minnesota, County of Ramsey, and is described as follows: Parcel A The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and Northerly of the following described line: Commencing at the Northeast comer of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits contained in Document Numbers 2787230 and 2787231. Together with the following described easements: A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are described as follows: Easement A (Document No. 2787236) A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West; thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38 seconds West 51.51 feet to the point of beginning of the centerline to be described, said point being on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes 38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feet to a point hereinafter referred to as point "A'; thence continuing North 45 degrees 06 minutes 38 seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the westerly line of herein described Phase 1 and there terminating. Easement B (Document No. 2787236) Also a 24 foot wide road easement, the centerline of which is described as follows: Beginning at the above described point "A'; thence North 00 degrees 06 minutes 38 seconds West 244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius 42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38 seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and there terminating. Parcel B: Tract 1: The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers Garden Lots. Tract 2: The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue, and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots. Together with the following described easements: Easement A (Document No. 28923 18) A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota described as follows: Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W (assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees 54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of 24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66 feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees 03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet; thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees 05 minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet; thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of 46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5; thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly along the are of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45 feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27 degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56 seconds W a distance of 573.53 feet to the point of beginning and there terminating. Easement B (Document Nos. 2738823 and 2787234) A 30 foot drainage easement, the centerline of which is described as commencing at the Northeast corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees 06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40 feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13 minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and Easement C (Document Nos. 2738823 and 2787234) The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G. Rogers Garden Lots which lies North of the following described lines: Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89 degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64 feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18 minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there terminating. CONSENT OF THE CITY OF MAPLEWOOD, MINNESOTA The City of Maplewood, Minnesota ( "TIF Provider ') acknowledges that it has reviewed the Assignment of Tax Increment Financing ( 'Assignment') entered into by and between Carefree Cottages of Maplewood Limited Partnership II, a Minnesota limited partnership ( "Borrower'), and Glaser Financial Group, Inc., a Minnesota corporation ( 'Lender') dated April 2005 and consents to the endorsement of the TIF Note (as defined in the Assignment) and to the assignment of the Tax Increment Financing including the Development Agreement (as defined in the Assignment) to Lender and to any subsequent assignment to its successors or assigns. Payments under the TIF Note shall continue to be made to Carefree Cottages of Maplewood Limited Partnership II, a Minnesota limited partnership, until Lender gives notice to the TIF Provider that payments under the TIF Note shall be paid to Lender. Upon receipt of such notice, the TIF Note shall be registered in the name of Lender, or its nominee or successors or assigns, and payments under the TIF Note shall be made to Lender. The TIF Provider further covenants, represents and warrants to and agrees with Lender as follows: That it has received good and valuable consideration for the TIF Note and the Development Agreement. 2. That the unpaid balance due on the TIF Note now is $574,987.00 and to TIF Provider's knowledge, without investigation, no defaults exist under the terms of said TIF Note or the Development Agreement. 3. The Project, as defined in the Development Agreement has been fully constructed in accordance with the Development Agreement. 4. To TIF Provider's knowledge, without investigation, the Borrower is in full compliance with the terms of the Development Agreement and the Development Agreement and the TIF Note remain in full force and effect. 5. The TIF Provider will not accept any offer of termination, amendment or modification of the Tax Increment Financing Documents without Lender's prior written approval. 6. To TIF Provider's knowledge, without investigation, there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the Development Agreement or the indebtedness evidenced thereby. The TIF Note and the Development Agreement constitute all of the documents entered into with the Borrower in connection with the Tax Increment Financing and have not been amended or modified except as described in the Assignment and are valid and enforceable obligations of the TIF Provider in accordance with their terms. 7. The TIF Provider hereby agrees that should Lender obtain the appointment of a receiver or become the owner of the Premises, or otherwise enforce its rights under the Loan Documents, Lender shall not be obligated to perform the terms and conditions of the Tax Increment Financing Documents provided, however, that performance of the terms and conditions thereof shall be a condition to TIF Provider's payment of the TIF to Lender under the terms and provisions hereof. 8. Notwithstanding the provisions of Section 4.1(e)(E) of the Development Agreement, the TIF Provider shall continue to make payments on the Tax Increment Financing in accordance with the TIF Note and the Development Agreement, notwithstanding the existence of a default or event of default under that certain loan from the TIF Provider to the Borrower in the original principal amount of $279,000.00 as evidenced by that certain Promissory Note dated August 17, 1993 in the original principal amount of $279,000.00 executed and delivered by the Borrower to the TIF Provider, and that Loan Agreement dated August 17, 1993 entered into by and between the Borrower and the TIF Provider. 9. In addition to providing the Borrower notice of default under the Development Agreement, the TIF Provider agrees to provide Lender, its successors and assigns, with copies of any notice of default given under the Development Agreement and that Lender, its successors and assigns, shall have the right but not the obligation to cure any such default on behalf of the Borrower within the time specified in the Development Agreement, provided that should possession of the Mortgaged Property be necessary in order to cure such default, such time shall include a reasonable amount of time for Lender to obtain possession of the Mortgaged Property and to cure such default. Should an Event of Default occur under the Development Agreement, such that the TIF Provider has the right to cancel, terminate or rescind the TIF Note and the Development Agreement, the TIF Provider shall upon request of Lender honor the TIF Note and the Development Agreement as a direct obligation to Lender, its nominee, successors or assigns, for the remaining unpaid principal balance thereof provided that Lender has cured the Event of Default under the Development Agreement, except Events of Default resulting from a bankruptcy filing by the Borrower or foreclosure of the Security Instrument. 10. Provided all other provisions of the Development Agreement which are conditions to payment under the TIF Note are satisfied, the Development Agreement and the obligations of the TIF Provider under the TIF Note shall not be relieved, hindered or restricted in any manner by reason of the foreclosure of the Security Instrument or any event of default under or other remedies which Lender may pursue under the Note or other Loan Documents. 11. The TIF Provider understands and agrees that this Consent of the City of Maplewood, Minnesota ( "Consent") is executed and delivered in order to induce Lender to make the Loan (as described in the Assignment) and but for this Consent Lender would not make the Loan. Dated this day of 1 2005 THE CITY OF MAPLEWOOD, MINNESOTA, a municipal corporation By: Its: Mayor By: Its: City Clerk OPPENHEIMER: 2321370 v02 0412912005 ASSIGNMENT OF LOAN DOCUMENTS THIS ASSIGNMENT OF LOAN DOCUMENTS ( Assignment') is made as of the day of May, 2005, by and between CITY OF MAPLEWOOD, a Minnesota municipal corporation ( "Assignor ') and RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota ("Assignee'). WHEREAS, Carefree Cottages of Maplewood Limited Partnership ( 'Borrower') received a loan in the amount of Two Hundred Seventy -Nine Thousand and No /100 Dollars ($279,000.00) (the 'Loan') from Assignor, the proceeds of which were used by the Borrower for the acquisition of certain real property upon which affordable rental housing was constructed; and WHEREAS, the Loan was issued pursuant to the eligibility requirements of the HOME Investment Partnership Act, PUB. Law No. 101 -625, 42 USCA, Section 12701 et seq. and the federal regulations adopted pursuant thereto at 24 CRF Part 92; and WHEREAS, the Loan is evidenced by that certain Loan Agreement, by and between Borrower and Assignor, executed on August 17, 1993 (the 'Loan Agreement'); that certain Promissory Note in the principal amount of Two Hundred Seventy -Nine Thousand and No /100 Dollars ($279,000.00) dated August 17, 1993 (the '`Note'); and that certain Guaranty of payment and performance executed by Bruce M. Mogren and Gerald C. Mogren on August 17, 1993 (the `Guaranty') (the Loan Agreement, the Note and the Guaranty collectively, the 'Loan Documents'); and WHEREAS, Assignor desires to assign to Assignee, all of its right, title and interest in the Loan. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged: 1. Incorporation of Recitals The foregoing recitals are hereby made a part of this Agreement 2. Assignment of Loan Documents Assignor hereby assigns to Assignee, its successors and assigns, all right, title and interest of Assignor in and to the Loan Documents and Assignor agrees to execute the Allonge Endorsement set forth on Exhibit A . 3. Release The Assignor hereby releases the Borrower and the Assignee from any right of Assignor to, and interest in, any payments that Assignee has received from Borrower. Assignor agrees that Borrower's payments to the Assignee on the Loan shall be in full satisfaction of any obligation to make such payments to Assignor. 4. Successors and Assigns This Assignment, and each and every covenant, agreement and provision hereof shall be binding upon the Assignor and shall inure to the benefit of Assignee and its successors and assigns. 5. Governing Law This Assignment is intended to be governed by the laws of the State of Minnesota. 6. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. [Remainder of'page intentionally left blank. Signature page to Jollow.J 2 IN WITNESS WHEREOF, the Assignor has caused this Assignment of Loan Documents to be executed as of the date first above written. CITY OF MAPLEWOOD, a Minnesota municipal corporation By: Its: Mayor By: Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was aclmowledged before me this day of , 2005 by the Mayor of the City of Maplewood, Minnesota, a Minnesota municipal corporation, on behalf of the municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was aclmowledged before me this day of , 2005 by the City Clerk of the City of Maplewood, Minnesota, a Minnesota municipal corporation, on behalf of the municipality. Notary Public 3 RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was aclmowledged before me this day of , 2005 by the of the Ramsey County Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the public body. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was aclmowledged before me this day of , 2005 by the of the Ramsey County Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the public body. 4 EXHIBIT `PA' TO ASSIGNMENT OF LOAN DOCUMENTS ALLONGE ENDORSEMENT TO PROMISSORY NOTE FOR VALUE RECEIVED, CITY OF MAPLEWOOD, a Minnesota municipal corporation endorses, assigns and transfers with recourse to RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota, all right, title and interest in and to the following described Note: United States of America, State of Minnesota, County of Ramsey, City of St. Paul Promissory Note dated August 17, 1993, in the original principal amount of Two Hundred Seventy -Nine Thousand and No /100 Dollars ($279,000.00) executed by Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership, as maker to the City of Maplewood, a Minnesota municipal corporation, as holder. Dated as of the day of May, 2005. THIS ALLONGE IS TO BE AFFIXED TO THE NOTE DESCRIBED ABOVE CITY OF MAPLEWOOD, a Minnesota municipal corporation By: Its: Mayor By: Its: City Clerk 229551712 5490 -9 Agenda Item G8 Agenda Report TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Food Permit Fee Waiver DATE: May 2, 2005 The Maplewood Athletic Association is holding the annual baseball pre- season jamboree and post season tournament this summer for the youth baseball program. The dates for the events are May 21 and 22 and July 30and 31, 2005. To help raise funds for the baseball program, they are requesting to run a concession stand at each event. They will be serving hot dogs, bratwurst, hamburgers, pop and coffee. Funds earned from the tournament and the concession stand will go back into the Maplewood Athletic Association. Since this is a fundraiser, they are requesting that the $48.00 fee for the food permit be waived for both events. Agenda Item G9 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 2, 2005 RE: Food Permit Approval and Waiver of Fee Introduction Boy Scout Troop 64 is having their annual fund raiser garage sale in the parking lot at Cross Lutheran Church located at 1945 Prosperity Avenue. The event will be held on Saturday, May 14, 2005. In conjunction with the rummage sale, the Troop is requesting a food permit to sell hot dogs, candy bars and pop to raise additional funds. Background The Troop will rely on donations from the community and church congregation for items to include in their sale. The proceeds raised from the garage sale and from the sales of food will be used to purchase equipment for the Troop to use on camping trips, leadership training scholarships for the scouts and to start a replacement troop trailer fund. They are requesting that the City waive the $48.00 permit fee as has been done in past years. Recommendation It is recommended that the City Council approve the miscellaneous permit to sell food at Cross Lutheran Church and to waive the $48.00 permit fee. Agenda Item G10 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 2, 2005 RE: Food Permit Approval and Waiver of Fee Introduction Boy Scout Troop 187 is having their annual fund raiser garage sale at Arlington Hills United Methodist Church located at 759 East County Road B. The event will be held on Saturday, May 14, 2005. In conjunction with the rummage sale, the Troop is requesting a food permit to sell hot dogs, candy bars and pop to raise additional funds. Background The Troop will rely on donations from the community and church congregation for items to include in their sale. The proceeds raised from the garage sale and from the sales of food will be used to support members of the Troop to go to camp. They are requesting that the City waive the $48.00 permit fee as has been done in past years. Recommendation It is recommended that the City Council approve the miscellaneous permit to sell food at Arlington Hills United Methodist Church and to waive the $47.00 permit fee. Agenda Item H1 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Dahl Avenue Street and Utility Improvements for the Woodhill Development, City Project 05 -10 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing, (4 votes) DATE: May 2, 2005 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, May 9th, 2005. Notices of the public hearing have been mailed and published. The feasibility study has been provided in the council packet. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council should consider ordering the improvement following the public hearing, (4 votes). Background There are 15 new properties and one existing property that would benefit from the proposed street and utility improvements. The proposed assessments to these properties are outlined in the feasibility report. Due to the limited number of residents on the project, no formal neighborhood meetings were held, rather several discussions were held with the developer. Two informational letters have been sent to the one existing resident affected by the project offering to answer any questions they may have. It should be noted that the property where this project is located had been tied up in probate. Currently, the developer has provided the city with $40,000 in escrowed funds to continue with the preparation of construction plans until the final court paperwork has been settled and the property has been legally unencumbered under the MN Statute 429 public improvement process. So long as the developer is willing to assume any financial liability, staff recommends that the design and subsequent bidding process can continue at no risk to the city. The developer, Nedegaard Construction, expects the final court paperwork to be resolved very shortly; however, if it becomes delayed, no construction of any form will be allowed to begin on this site until proof of ownership has been finalized and proven to the city. Budget Impact The resolution calls for establishing a project budget of $599,700. The financing plan is outlined specifically in the feasibility study and calls for funding from assessments, the environmental utility fund and PAC funds. There is no tax levy funding proposed for this project. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the Dahl Avenue Street and Utility Improvements for the Woodhill Development, City Project 05 -10. Attachments: 1. Resolution 2. Location Map 3. Feasibility Study (Copies given to mayor and council.) Agenda Item H1 RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 25th day of April, 2005, fixed a date for a council hearing on the proposed street improvements for the Dahl Avenue Street and Utility Improvements for the Woodhill Development, City Project 05- 10, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on May 9, 2005, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Dahl Avenue Street and Utility Improvements for the Woodhill Development, City Project 05 -10, 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of May 2005. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $599,700.00 shall be established. The proposed financing plan is as follows: Assessments $ 570,000 (95%) PAC funds 21,300 (4%) Environmental Utility Fund 8,300 (1 %) Total: $ 599,700 (100 %) E 0 0 c9 CJ CT'u NORTH ue, 7 o- MAVER a W a PHRK L- a k w r y HO DR.� JAMES- ➢R. '�' 'V z� R y � RIDGC R °V Q ¢ 35� w- POWERS a £ w A Cf q W '�' MJT GHELL AVE. q @ Mf a 4 w 4 w C a z a ti w a 3 o qq 35 DR CT NI o �N m E u H LD]N AVES w m UPPER .WZ. AFTON o V� o u 54. OAK KNOLL DR. � BERL AND PL. z a _ 55. TIPPER AFTON C1 A u v7 Lp N6FELLOW z N GAR➢ INAL PL. ti 120 3 [' 84. EAGLE RIDGE A 5 87. EAGLE RIDGE R G ro AVE. 3 ° r ADOw Op➢ ➢p fe PARK RIDG AVE DELLRIDGE . OW 147 AVE MAPLEW❑ ❑D a E DGEBRpp 163 ASPEN 9 T29N RE GT. ON AVE. T26N R22W o ET. 3a O ti GLENR7DGE AVE.© 2 1 1990 POP. 30,954 �POPLA A 3 NAP 7TAR y o HILLS II IP i DR z - 1 P G q Tog d ➢qLE AVE ]6a Rg T65 SPRUCEWBOA OF o z ti 83. RED SPLENDER GIN. SANDLrw 3 84. WHITE OAK CIR. LINDEN DR RV O EA a RD. 85. SNOWDRIFT ❑R. OAKWOOD W T tiO N y z 86. P]NKSPIRE LA. BIRCH WU09 RD o s ew Cy D 12 ° q wa °� AISC E w a o 2 ASSw PL Y SIR RD. cr , 3 GEA B 9 LpNmN LA. cIR. o P V1 DN q 4 -. 7 C d p. 3 POND W O AVE V. O,DpY LP. 3 Vdv CT. o TV 0 z a AVE. g9 w PUNUw MAftY PD u V �'%rppD ➢R. P z ° O z 35 u 9 o AH , „ p'DAV r j °� � VALLEY a w a N/U AD 1 �E 7/� D q . E �' Ci R. o 2 q q OF P d C� U(-:A N q W 3 0 �- KW00➢ 3 12 5 9 TEA TEAK OD DR. ARE W as �- 9 CENTURY CIE. C CT ' < pAKRJ ➢6E DR. REST DR. ` �h 3 n ° W N]LL ➢ r 70. CRESTVIEW DO=)WE G> O POULIPT n 04, wINTHROP 5 0 0 0 b� A g➢- CT. Z P OAK E zDR. MU� CAPRIDG[ V� d Sp DW 4 3 P no q IN T*SI ➢E D, q HIINT]NGTpN GT. 3 EJM U o Q9V 9W LINWOOD AVE. 2 Q IAN AVE . N ST LCr , WW 2 z Lq MOO.�/ PE "' ON CID S) RYA" L9 . S 9AHL 3 h g 'r j N J i W A ?T G1 P BL VD. f D OW y EWD P AVE. v c,AV V - MATTERHp RN o O� I W A<IRN L. 83. W g q LA O P D PL Q � �E. WILLIA I w EV q TIMBER Sz 1 84 85. `PG It LQ1 9 VJ P wTCLL RD £� WnM BER CT. ` �' V F/VI URA � ^ '9 S . LFE k P` RE EMERALD m z DR R6- a 07 Q w z C1.T PHYLIS LT.N q AVE. W r VRAE 3 RG �GS� ja VALLENIEWPL. VALIEY L7 ® VALLE D Y VIEWAVE. RED 7 z q C1R PIN CDUPLLR J W T HIGHWO w 0 21 ��OD " AVE. N U 3 5 � v IT vl A BC 78. w 83. �y C9 NAM 'IT Ny qi� a Q �AV E. MAMIE AVE.q�'PPO q z i7 C 2 z r V > 1 , �0 CE AT o z W a MAIDA 3 MI7Z r 4 N Vf R ➢. 82. SOUTHCREST AVEE O �8� OF AVE NEMT AVE. o CpPP OF U CE OGDEN CT. pPl< HEIGHT y SOU" CREST PV E. RL V @' g'J DOUGLYNN CL a q 'TE L e MORELAN➢ U QPW vD"P(, CT. 10. 5 b 4 U �S 49 CQ' V CI W P DWpwSHOE LA. ° 2 S �7 F F Lake JORDAN CT. W r o z BOXWOO AVE. A, WE S u aW 3 V qe AR K a mo C LA. 10. SNOWSHOE CT. w O 2R,➢ �`�-' CT. ti O p "VC AVE. 7 " O MAGBETH � b 4 CARVER AVE 4 \ - YORK ALGOV J C w Z & City of Maplewood, Minnesota Department of Public Works Engineering Division ❑ ❑ Kimley -Horn and Associates, Inc. 2Y UHMRSBY AW. V T. SUIX 31 I H0. (651) M -4197 ST. PAUL MINNMTA 55114 FAC NO. (651) 60-5116 DAHL AVENUE STREET AND UTILITY IMPROVEMENTS PROJECT LOCATION MAP CITY PROJECT 05 -10 EXHIBIT I Dahl Aven e Street and Utility! Improvements City Project 05 -10 Feasibility Study And Report Prepared for: City of Maplewood April 2005 K KimIay -Horn .. and Associates, Inc. x . Ho V. April 18, 2005 Honorable Mayor and Members of the City Council City of pfapkn ood 18')0 East County Road B Maplewood, MN 55109 Attn: R. Charles xhl, P,E. Director of Public Works-City Engineer Re Feasibility Study trod Report Bahl Avenue Street and Utility Improvements City Project 05 -10 Honorable Mayor said Members of the City Council: The enclosed feasibility report has been prepared for the Dahl Avenue Street and utility Improvements, City Project 05 -14, as authorized at the April 11, 2005 City Council meeting. The feasibility report details the scope of the project as discussed with City staff and provides estimated costs and a proposed method of financin for the project. Information utilized in the preparation of this report included utilityas- builts, information fi other City studies reports, infiormation from the project developer, other infcrination gathered throueh field reviews of the project area, slid discussions with City staff, All available information was reviewed and considered to determine the feasibility of the proposed proicct We believe that the proposed project is feasible, that it yy i 11 benefit the properties in the project area and that it will benefit the City of Maplewood. Sincerely, KIi1rII.EY HORN AND ASSOCIATES. INC. Chard B. Larson, P.F. Project Fngtrtcer Enclosure cc: Chris Cavcu"City of Maplewood Fa lc: 160500014,'1100 FEASIBILITY STUDY AND REPORT M CITY OF MAPLEWOOD DAHL AVENUE STREE'r AND UTILITY INIPROVEMENTS CITY PROJECT 05 -10 Kin -Horn and Associates, Inc. 2550 University Avenue West Suite 345N St. Paul, MN 55114 (651) 645-4197 I hereby certify that this plan, specification I I or report was prepared by me or under my direct supervision and that I an dally Licensed Professional Engineer Linder the laws of the State Ld'N'Tinnesota, Sisnature: Chadd B. Larson, P.E. Date: Lic, No, 41 864 CITY OF MAPLEWOOD DAHL AVENUE STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 TABLE OF CONTENTS EXECUTIVE SUMMARY 1. INTRODUCTION 2. PROPOSED PUBLIC IMPROVEMENTS A. Street B. Storm Sewer C. Sanitary Sewer D. Watermain E. Trails 3. RIGHT -OF -WAY AND EASEMENT REQUIREMENTS 4. ESTIMATED COSTS 5. METHOD OF FINANCING 6. ESTIMATED ASSESSMENTS 7. PROJECT SCHEDULE 8. SUMMARY AND RECOMMENDATIONS APPENDIX A - EXHIBITS Exhibit 1: Location Map Exhibit 2: Typical Street Section Exhibit 3: Proposed Street, Storm Sewer and Trail Improvements Exhibit 4: Proposed Sanitary Sewer and Watermain Improvements Exhibit 5: Proposed Assessment Map APPENDIX B - DETAILED COST ESTIMATES APPENDIX C - PRELIMINARY ASSESSMENT ROLL Page i 1 1 3 3 3 3 4 5 CITY OF MAPLEWOOD DAHL AVENUE STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 EXECUTIVE SUMMARY This Feasibility Study and Report has been prepared for the Dahl Avenue Street and Utility Improvements, City Project 05 -10. The proposed project includes the following improvements: • Construction of anew street identified as Dahl Avenue for the Woodhill development. Dahl Avenue is proposed to be a cul- de-sac roadway with an entrance on Linwood Avenue. • Installation of new gravity sanitary sewer main along Linwood Avenue and Dahl Avenue to service the proposed Woodhill development. The proposed sanitary sewer will connect to an existing sanitary sewer west of the proposed Woodhill development along Linwood Avenue. • Installation of new watermain along Linwood Avenue and Dahl Avenue to connect to existing watermains east and west of the Woodhill development along Linwood Avenue and Ferndale Street. • Construction of rainwater gardens and storm sewer to filter and convey runoff from Dahl Avenue to adjacent wetlands. • Construction of an 8 -foot wide bituminous trail to extend from the Dahl Avenue cul- de-sac to approximately 1,000 feet south to proposed Applewood Park. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5 % allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 113,100 Storm Sewer Improvements $ 61,700 Sanitary Sewer Improvements $ 197,000 Watermain Improvements $ 198,700 Trail Improvements $ 29,200 Total Project Cost $ 599,700 The improvements are proposed to be financed through a combination of special assessments to benefiting properties along with City funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount Assessments $ 570,100 P.A.C. Funds $ 21,300 Environmental Utility Funds $ 8,300 Total $ 599,700 The following is a proposed schedule for the project if the City Council votes to proceed. Feasibility Study Accepted, Call Public Hearing April 25, 2005 Public Hearing /Authorize Preparation of Plans & Specs May 9, 2005 Approve Plans and Specifications June 13, 2005 Bid Opening July 15, 2005 Award Contract July 25, 2005 Construction Start August 8, 2005 Construction Complete September 30, 2005 Assessment Hearing October 10, 2005 Based upon the analysis completed as a part of this report, the proposed Dahl Avenue Street and Utility Improvements, City Project 05 -10 are feasible, necessary and cost effective and would benefit the City of Maplewood. 11 INTRODUCTION On April 11, 2005 the Maplewood City Council authorized the preparation of a feasibility study for the Dahl Avenue Street and Utility Improvements, City Project 05 -10. The proposed project includes the following improvements: • Construction of anew street identified as Dahl Avenue for the Woodhill development. Dahl Avenue is proposed to be a cul- de-sac roadway with an entrance on Linwood Avenue. • Installation of new gravity sanitary sewer main along Linwood Avenue and Dahl Avenue to service the proposed Woodhill development. The proposed sanitary sewer will connect to an existing sanitary sewer west of the proposed Woodhill development along Linwood Avenue. • Installation of new watermain along Linwood Avenue and Dahl Avenue to connect to existing watermains east and west of the Woodhill development along Linwood Avenue and Ferndale Street. • Construction of rainwater gardens and storm sewer to filter and convey runoff from Dahl Avenue to adjacent wetlands. • Construction of an 8 -foot wide bituminous trail to extend from the Dahl Avenue cul- de-sac to approximately 1,000 feet south to proposed Applewood Park. The proposed improvements are necessitated by the proposed Woodhill development. Details of the project are outlined in this report along with the estimated costs, proposed funding methods and proposed assessments to the benefiting property owners. A project location map is provided as Exhibit 1 in Appendix A. 2. PROPOSED PUBLIC IMPROVEMENTS The following is a summary of the proposed street, storm sewer, sanitary sewer, watermain, and trail improvements included as a part of this project. Exhibits 2 - 4 in Appendix A further illustrate the proposed improvements. A. Street Improvements The project includes the construction of Dahl Avenue, a cul- de-sac for proposed residential development. The entrance of Dahl Avenue is on Linwood Avenue, between Sterling Street and Ferndale Street. The total length of the proposed street is approximately 700 feet. This feasibility report assumes that the grading required for the construction of Dahl Avenue will be completed by the Woodhill developer to within a 0.3 foot tolerance of the final design roadway grades. This grading will occur prior to the City project. The roadway is proposed to be constructed to a relaxed urban design residential street section. This roadway is proposed to be constructed to a 30 -foot total width with a 26- foot wide bituminous pavement section and a 2 -foot concrete ribbon curb on each side. The bituminous pavement will include the City standard pavement section of 3 -1/2 inches of bituminous pavement and 8- inches of Class 6 aggregate base course. The existing soils in the project area are assumed to be generally acceptable for the street construction work with a possibility for isolated areas of soil correction. Exhibit 2 in Appendix A illustrates the proposed street section. Exhibit 3 in Appendix A illustrates the proposed street, storm drainage, and trail improvements. B. Storm Sewer Improvements The proposed storm sewer system will utilize the relaxed urban residential street design with a series of rain gardens along the roadway. These rain gardens will be constructed between the residential driveway entrances. A storm sewer inlet will be constructed at each rain garden to act as an overflow device during large rain events. These inlets will be connected via storm sewer pipe and directed to ponds located in the vicinity of the cul- de -sac on the west end of the development. The pond outlets will carry the storm water north to an existing wetland. It is assumed that the developer will grade the ponds and the rain gardens as a part of the mass site grading work. C. Sanitary Sewer Improvements An 8 -inch PVC sanitary sewer main is proposed to be installed along Dahl Avenue, connecting to the existing sanitary sewer from the west on Linwood Avenue. The sanitary sewer is to extend approximately 900 feet east of this connection. The proposed sanitary sewer will accommodate service to the future residential site and will generally be installed along the centerline of Dahl Avenue. Four -inch PVC sanitary sewer services are proposed to be installed for each of the 15 proposed lots as well as an existing lot on Linwood Avenue. D. Watermain Improvements A 12 -inch watermain is proposed to be installed along Dahl Avenue. The proposed watermain will connect to the existing 8 -inch watermain on Ferndale Street and the existing 12 -inch watermain east of Sterling Street. Connections to the existing water system will need to be coordinated with the St. Paul Regional Water Services. Fire hydrants will be provided along Dahl Avenue at approximately 350 -foot spacing. One - inch copper services will be installed to accommodate the future development along Dahl Avenue as well as an existing lot on Linwood Avenue. Exhibit 4 in Appendix A illustrates the proposed sanitary sewer and watermain improvements. E. Trail Improvements Trail improvements are proposed to be constructed from the Dahl Avenue cul- de-sac to approximately 1,000 feet south. The 8 -foot wide bituminous trail would be constructed to access the proposed Applewood Park site southwest of the proposed development. 3. RIGHT -OF -WAY AND EASEMENT REQUIREMENTS It is anticipated that a 50 -foot wide right -of -way will be required for Dahl Avenue. In addition, drainage and utility easements will be required to accommodate public and private utilities. It is assumed that the property owner will dedicate all right -of -way required for the construction of Dahl Avenue as a part of their development. In addition, it is assumed that the property owner will provide utility and trail easements required for the construction of the sanitary sewer, storm sewer, watermain and bituminous trail. This feasibility study assumes that all easements and right of way would be provided by the Woodhill developer with no costs to the City. 4. ESTIMATED COSTS The estimated costs for the Dahl Avenue Street and Utility Improvements, City Project 05 -10, are detailed below. The estimated project costs include a 10 percent construction cost contingency and a 31.5 percent allowance for indirect costs such as engineering, administrative and legal items as well as capitalized interest. Detailed cost estimates are provided in Appendix B. Proposed Improvement Estimated Cost Street Improvements $ 113,100 Storm Sewer Improvements $ 61,700 Sanitary Sewer Improvements $ 197,000 Watermain Improvements $ 198,700 Trail Improvements $ 29,200 Total Project Cost $ 599,700 5. METHOD OF FINANCING The Dahl Avenue Street and Utility Improvements, City Project 05 -10, are proposed to be financed through special assessments to the benefiting properties and City funds. The following is the preliminary financing plan for the project. Financing Source Amount Assessments $ 570,100 P.A.C. Funds $ 21,300 Environmental Utility Fund $ 8,300 Total $ 599,700 6. ESTIMATED ASSESSMENTS Special assessments are proposed to be levied against benefiting properties on a per unit basis for the improvements included as a part of this project. Street and storm sewer improvements are proposed to be financed through a combination of Environmental Utility Funds and special assessments to the benefiting properties. The replacement of a 24 -inch culvert under Linwood Avenue East will be financed through Environmental Utility Funds at a cost of $8,300. The remaining street and storm sewer cost of $166,500 will be assessed to the benefiting properties along Dahl Avenue, consisting of 15 residential lots within the Woodhill development at the assessment rate of $11,100 per unit. Trail improvements are proposed to be financed through a combination of P.A.C. Funds and special assessments to the benefiting properties. Trail improvements extending beyond the Woodhill development limits to Applewood Park are to be financed by P.A.C. Funds at a cost of $21,300. The remaining cost of $7,900, for the trail improvements within the Woodhill development, will be assessed to the benefiting properties along Dahl Avenue, consisting of 15 residential lots within the Woodhill development at the assessment rate of $527 per unit. Sanitary sewer improvements are proposed to be financed special assessments to the benefiting properties. The property west of the Woodhill development site will be assessed the standard City of Maplewood trunk sewer and connection charge of $3,880. Based on input from City engineering staff, it is recommended that this assessment be deferred until the property owner connects to the City sanitary sewer. The remaining sanitary sewer improvement cost of $193,120 will be assessed to the benefiting properties along Dahl Avenue, consisting of 15 residential lots within the Woodhill development at the assessment rate of $12,875 per unit. Watermain improvements are proposed to be financed through special assessments to the benefiting properties. The existing residential property west of the Woodhill development site will be assessed the standard City of Maplewood trunk water and connection charge of $3,880. Based on input from City engineering staff, it is recommended that this assessment be deferred until the property owner connects to the City watermain. The remaining watermain improvement cost of $194,820 will be assessed to the benefiting properties along Dahl Avenue, consisting of 15 residential lots within the Woodhill development at the assessment rate of $12,988 per unit. It is possible that St. Paul Regional Water Services will participate in a portion of the cost to upsize the watermain from an 8 -inch to a 12 -inch pipe. City staff will pursue this possibility which would result in a reduction in the watermain assessment rate. A preliminary assessment roll is included in Appendix C. The preliminary assessment roll details the proposed assessments by individual lots. 7. PROJECT SCHEDULE If the City Council chooses to accept this report and schedule apublic hearing, we recommend that the following project schedule be followed: Feasibility Study Accepted, Call Public Hearing April 25, 2005 Public Hearing and Authorize Preparation of May 9, 2005 Plans & Specifications If the Council Votes to Proceed: Approve Plans & Specifications and Authorize Ad for Bids Receive Bids Award Contract Start Construction Construction Complete Assessment Hearing 8. SUMMARY AND RECOMMENDATIONS June 13, 2005 July 15, 2005 July 25, 2005 August 8, 2005 September 30, 2005 October 10, 2005 Based upon the analysis completed as a part of this report, the proposed Dahl Avenue Street and Utility Improvements, City Project 05 -10 are feasible, necessary and cost effective. We recommend the following: A. The Maplewood City Council accept this feasibility study and report and order a public hearing on May 9, 2005. B. After receiving the appropriate staff reports, staff information and public hearing input, the Council must decide on the approval or rejection of the proposed public improvements. C. Based upon the outcome of the public hearing, the Council could proceed to order the proposed improvements and authorize the preparation of plans and specifications. APPENDIX A EXHIBITS E Q co 0 IF O CJ Clw NORTH ue, 7 o-�U� MAVER a LA. ,.,�LW0-0 W a PARK - a k w a r y HO ➢R.�� JAMES—➢R. '�' 'V z� e y RTOGC R �� ¢ 35� POWERS a £ w A CC q d '�' MJT CH ELL AVE. q @ Mf � w 4 w q Q E a z a ti w a 3 o qq 35 �W .J e ' C �'CEI DR CT E u H LD]N AVES w BERL AND PL. UPPER z, AFTON 54. OAK KNOLL ➢R. � z a _ 55. UPPER ATTON C] Y u v7 LO NGFELLOW z TT GAR➢ TNAL PL. EE 84. EAGLE RIDGE A 5 87. EAGLE RIDGE R A ➢Ow OO➢ DR �e PARK RI ➢G DELLPIDGE AVE. OW 147 TAB AVE MAPEEW❑ ❑D a � 65 E DGEBRpp ]63 ASPEN 9 T29N RE ,�. GT. ON AVE. T26N R22W o ET. 3� V R O ti GLENe7AGE AVE.© 2 ] 1990 POP. 30,954 aED RAP 7]Ae y o HILLS CT li 12 s nre. z OO, J 1PM G q 145 d DALE AVE ]6a ]55 SPRUCEW . o z ti 83. RED SPLEN ➢ER CIS SANDLFlyO 3 4. WHITE OAK CIR. LINDEN DR RW O W ILE 8 85. SNOWDR ITT GIR. OAK WOOD O� °' W p W RT tiO N y z 86. P]NKSPIRE LA. DIRGH L' R➢ 0 E, s ew Cy O 12 ° q Oa °� EPA, C E w a o PL. Y �ASSw RD. cr, 3 wWER B 9 LONmN LA. cIR. o 0 P ( q Tt. 7 C d C PON➢ W D AVE RV. O,DA, LA. 3� Wdv CT. u o EP 0 z a AVE. 2 9 ''' PDNSw MAR IS A u V 9OD ➢R. P z ° A z 35 ° F J B A we u' u 9 AU , a„ pDAV r j °� VALLEY q o IT NUE 7/� D ca RD.� E �' CIR. o q q P d CT OCATION q 3 0 �- KW00➢ 3 12 5 9 TEA TEAK OD DR cREns as �- 9 CENTURY CIR. ° c CT ' < OAKRJ ➢GE ➢R. RES( � ➢R. D' 0 r 70. CRESTVIEW D WE G> O Po ULIPT n 04, wi NTHROP 5 0 00 0 bK A g➢- CT. Z P OAK L zDR. MU� SAKAIDG[ O 3 C d 2 �8"R1DGE ST, g"" © T " R" D� 4 3 P $ q IN GSIDE D, 9 q JQ W E ,, W N 9. HUN71NGTON CT. 5 Q "E W 3, o R9V 9W LINWOOD AVE. 2 Q P P rc� S IAN AVE. a N z¢ W 6 ST, dW 2 z LA WOOn CT. R �DNDOE L 9 ON C]R. S 9AHL 3 h g 'r W j N r i W A ?r c� BL VD. f D OW y BLVD 9 PAVE. v c,AV V _ MATTERHO RN o O� > d 11R�N- L. g LP O P D PL I WILL]A w q TIMBER 84 85. ` 9 � P wTELL RD A £� WnM BER CT. ` �' DF /VIURA R L_a k EMERALD r z DR. R6- w C ', Qw z C1 1 V LT.� q AVE. W r R V y G �GS� ja VALLWCEWPL. VALIEY L7 ® VALLEY VTEWAVE. RED 7 z q r 3 AVE C7 CW T - - CIR PINE COURTLY AV� � o " ��NIGHWOOD V ' AVE. N in A BC 78. �y Gq H3. N LAY AT Q �AV E. MPMIf PVE.g�QPQE/VC IF ¢ p z d a MAl ➢A 3 MI7Z r 4 Vf R ➢. nR WQ" @Q' 82. SOUTHCREST AVE, O o AVE NEAT 37 AVE. o COPP O OGDEN CT. OAI< HEIGHT y 5 UiH CREST PV E. 7 9 W @' g'S DOUGLYNN CT a u A C !AP L e MORELAN➢ U QPW vD"K(, GT. 10. 5 b A! �S 49 Carr Gp ']E! E AD, P SWOwSHOE LA. ° 2 S F F Lake JORDAN CT. W r o z BOX WOO AVE. SCA DR IT 2 W ¢O W V qe 8b K a m o D OAp m T - ffijR 'AM r O E EE lA. 10. SNOWSHOE CT. w O 2R, ➢ �`�-' CT. ti O I " AVE. 7 " O MACBETH � b 4 CARVER AVE 4 \ YORK ALCOV W J w Z & City of Maplewood, Minnesota Department of Public Works Engineering Division ❑ ❑ Kimley -Horn and Associates, Inc. 20M UHMRSTA AW. VEST. SUIX 31 I Na (651) M -4197 ST. PAUL MINNMTA 55114 PAK NO. (651) 60 -5116 DAHL AVENUE STREET AND UTILITY IMPROVEMENTS PROJECT LOCATION MAP CITY PROJECT 05 -10 EXHIBIT I 30' SWALE WITHOUT RAINWATER GARDEN 24" RIBBON CURB 24" RIBBON CURB SWALE NTH RAINWATER GARDEN 1 MAX 2.5,6 CROWN 2.5% CROWN 6:1 MN)(. I � SEE INSET A TYPICAL SECTION E m ro 0 0 0 1 1/2" BITUMINOUS WEAR COURSE BITUMINOUS TACK COAT 2" BITUMINOUS BASE COURSE 8" AGGREGATE BASE (CLASS 6) COMPACTED SUBGRADE INSET A w & DAHL AVENUE STREET AND UTILITY City of Maplewood, Minnesota IMPROVEMENTS Department of Public Works Engineering Division TYPICAL STREET SECTION Kimley -Horn CITY PROJECT 05 -10 ❑ ❑ and Associates, Inc. STPAVL M NMTA �Ij SVIft J1Y1 FFAX N0. (E01) E0-51116 EXHIBIT 2 016-6 — ..�� i,.----- - - - - -- o — — I I I j g I I I I� \ E I LWIIOOD ME. E r L� GtF Minnesota Department of Pubtzc Works Engue -&j Division DAHL AVENUE STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 STREET AND STORM SEWER IMPROVEMENTS LE( END PRWMED RMDW.\E MPRDYEVEMi4 PRWMED RIIUNINd W.\L PRDPMED Sigh OVER tro ❑_❑ n. nx, rwn sx m" rna a �d� wme EXHIBIT E I CONNECT TD EXISTNC� YMTERNAN LINMOOD AVE E h 9 / 6 5 III 4" 2 zar g \II i ` _=--B' 3 { 1 1 5 1I f. % I CK 2 '.I I ` MrNN Ei City of aplewoorl, Minaeaote L— Department ofpnblic Works Bn&ineenngDiv —n - - -- DAHL AVENUE - -_ - STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 SANITARY SEWER AND WATERMAIN IMPROVEMENTS LEGEND PROF . LNITXRY SEVER - - PWG D N.TERMNN D RELDNS RYLi YP X ENSINL R MEY CONNECT TO [X14TNE N TER NIM J m „ yyyy "' ate^ _._..... _ CMIECT TD EXI"ND Ii i I I 1 SPN IPRY 4NER E I CONNECT TD EXISTNC� YMTERNAN LINMOOD AVE E h 9 / 6 5 III 4" 2 zar g \II i ` _=--B' 3 { 1 1 5 1I f. % I CK 2 '.I I ` MrNN Ei City of aplewoorl, Minaeaote L— Department ofpnblic Works Bn&ineenngDiv —n - - -- DAHL AVENUE - -_ - STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 SANITARY SEWER AND WATERMAIN IMPROVEMENTS LEGEND PROF . LNITXRY SEVER - - PWG D N.TERMNN D RELDNS RYLi YP X ENSINL R MEY ❑ � gmley -HOm ❑ and ABeoc les Inc. EXHIBIT4 goo ❑ � gmley -HOm ❑ and ABeoc les Inc. EXHIBIT4 J I 1 � Il LNM000 A\£. E Zb GtyofMaplewwd, Minnesota Department of Public Works Engiuew&jgD/wmm DAHL AVENUE STREET AND UTILITY IMPROVEMENTS CITY PROJECT 05 -10 ASSESSMENT MAP LEGEND PB RDADVAI N INMVEM ENFNl4 777 7 PROPOSED BRYMINWS TRAIL PRON:RTY ASSESSED RESIDENTIAL STREET. EET, SldlN 'MR. SANTARY SEWER. WATEMNIN AND BITI NNOYS TRAIL E k PRONRtt SO M ASS WAM SANITARY SEWER AND NA4RMAIN ❑_❑ a M A hr n. nx. �r[wA sx N1x Yna b �d� wme EXHIBIT 5 G ❑_❑ a M A hr n. nx. �r[wA sx N1x Yna b �d� wme EXHIBIT 5 APPENDIX B DETAILED COST ESTIMATES CITY OF MAPLEWOOD DAHL AVENUE STREET & UTILITY IMPROVEMENTS CITY PROJECT 05 -10 ESTIMATED COSTS STREET IMPROVEMENTS Item No. Item Units Quantit Unit Price Amount 1 Subgrade Correction CY 500 $ 14.00 $ 7,000.00 2 8" Class 6 Aggregate Base CY 700 $ 24.00 $ 16,800.00 3 Bituminous Base Course (2 ") TN 300 $ 45.00 $ 13,500.00 4 Bituminous Wear Course (1.5 ") TN 230 $ 45.00 $ 10,400.00 5 2' Concrete Ribbon Curb LF 1,500 $ 10.00 $ 15,000.00 6 Signage /Striping LS 1 $ 1,000.00 $ 1,000.00 7 Site Restoration /Seeding LS 1 $ 2,000.00 $ 2,000.00 8 Traffic Control LS 1 $ 3,000.00 $ 3,000.00 9 Erosion Control LS 1 $ 2,000.00 $ 2,000.00 10 Residential Driveways EA 15 $ 500.00 $ 7,500.00 Subtotal $ 78,200.00 10% Construction Contingency $ 7,800.00 Total Construction Cost $ 86,000.00 31.5% Indirect Cost $ 27,100.00 Total Estimated Project Cost $ 113,100.00 CITY OF MAPLEWOOD DAHL AVENUE STREET & UTILITY IMPROVEMENTS CITY PROJECT 05 -10 ESTIMATED COSTS STORM SEWER IMPROVEMENTS Item No. Item Units Quantit Unit Price Amount 1 12" Storm Sewer LF 1100 $ 22.00 $ 24,200.00 2 18" Storm Sewer LF 60 $ 26.00 $ 1,600.00 3 24" Storm Sewer LF 70 $ 30.00 $ 2,100.00 4 12" FES w/ Trashguard EA 3 $ 1,000.00 $ 3,000.00 5 18" FES w/ Trashguard EA 1 $ 1,400.00 $ 1,400.00 6 24" FES w/ Trashguard EA 2 $ 1,800.00 $ 3,600.00 7 Manhole Catchbasin (48 ") EA 2 $ 1,600.00 $ 3,200.00 8 Riser Pipes /Inlets EA 14 $ 250.00 $ 3,500.00 Subtotal $ 42,600.00 10% Construction Contingency $ 4,300.00 Total Construction Cost $ 46,900.00 31.5% Indirect Cost $ 14,800.00 Total Estimated Project Cost $ 61,700.00 CITY OF MAPLEWOOD DAHL AVENUE STREET & UTILITY IMPROVEMENTS CITY PROJECT 05 -10 ESTIMATED COSTS SANITARY SEWER IMPROVEMENTS Item No. Item Units Quantit Unit Price Amount 1 Dewatering LS 1 $ 5,000.00 $ 5,000.00 2 8" PVC Sanitary Sewer LF 1,300 $ 28.00 $ 36,400.00 3 Sanitary Sewer Manhole (48 ") EA 11 $ 2,400.00 $ 26,400.00 4 8" DIP Outside Drop EA 2 $ 1,500.00 $ 3,000.00 5 Connect to Existing Sanitary Sewer EA 1 $ 2,000.00 $ 2,000.00 6 8" x 4" PVC Service Wye EA 16 $ 200.00 $ 3,200.00 7 4" PVC Service Pipe LF 800 $ 20.00 $ 16,000.00 8 Traffic Control LS 1 $ 5,000.00 $ 5,000.00 9 Remove Bituminous Pavement SY 1,500 $ 2.00 $ 3,000.00 10 Sawcut Bituminous Pavement LF 70 $ 3.00 $ 200.00 11 Bituminous Patching SY 1,500 $ 24.00 $ 36,000.00 Subtotal $ 136,200.00 10% Construction Contingency $ 13,600.00 Total Construction Cost $ 149,800.00 31.5% Indirect Cost $ 47,200.00 Total Estimated Project Cost $ 197,000.00 CITY OF MAPLEWOOD DAHL AVENUE STREET & UTILITY IMPROVEMENTS CITY PROJECT 05 -10 ESTIMATED COSTS WATERMAIN IMPROVEMENTS Item No. Item Units Quanti Unit Price Amount 1 12" Water Main LF 1,600 $ 40.00 $ 64,000.00 2 6" Water Main LF 100 $ 24.00 $ 2,400.00 3 1" Copper Water Main (Service Line) LF 800 $ 16.00 $ 12,800.00 4 Fire Hydrant EA 4 $2,000.00 $ 8,000.00 5 12" Gate Valve and Box EA 5 $ 1,500.00 $ 7,500.00 6 6" Gate Valve and Box EA 4 $ 1,000.00 $ 4,000.00 7 1" Corporation Stop EA 16 $ 150.00 $ 2,400.00 8 1" Curb Stop EA 16 $ 250.00 $ 4,000.00 9 Ductile Iron Fittings LB 2,500 $ 3.00 $ 7,500.00 10 Connect to Existing Water Main EA 2 $ 2,000.00 $ 4,000.00 11 Traffic Control LS 1 $ 5,000.00 $ 5,000.00 12 Remove Bituminous Pavement SY 600 $ 2.00 $ 1,200.00 13 Sawcut Bituminous Pavement LF 70 $ 3.00 $ 200.00 14 Bituminous Patching SY 600 $ 24.00 $ 14,400.00 Subtotal $ 137,400.00 10% Construction Contingency $ 13,700.00 Total Construction Cost $ 151,100.00 31.5% Indirect Cost $ 47,600.00 Total Estimated Project Cost $ 198,700.00 Note: Connections to existing watermain will be performed by St. Paul Regional Water Services CITY OF MAPLEWOOD DAHLAVENUE CITY PROJECT 05 -10 ESTIMATED COSTS TRAIL IMPROVEMENTS Item No. Item Units Quanti Unit Price Amount 1 Trail Grading (South of Woodhill Dev.) LS 1 $ 8,000.00 $ 8,000.00 2 6" Class 6 Aggregate Base TON 300 $ 14.00 $ 4,200.00 3 Bituminous Wear Course (2 ") SF 8,000 $ 1.00 $ 8,000.00 Subtotal $ 20,200.00 10% Construction Contingency $ 2,000.00 Total Construction Cost $ 22,200.00 31.5% Indirect Cost $ 7,000.00 Total Estimated Project Cost $ 29,200.00 APPENDIX C PRELIMINARY ASSESSMENT ROLL CRY OF MAPLEWOOD DAHL AVENUE STREET 8 UTILITY IMPROVEMENTS CITY PROJECT 05 -10 PRELIMINARY ASSESSMENT ROLL SlreeUStarm Sewer Assessment $11,100 per Unit Trail Assessment $527 per Unit Sanitary Sewer Assessment $12,875 per Unit Walermain Assessment $12,988 per Unit Assessable Unit Slmet/Slorm Trail Sanitary Sewer Walermain Parcel PIN Property Malress Owner Owner Malress Residential Assessment Assessment Assessment Assessment Total Assessment Lot 1, Block 1 4200 Central Ave NE 1 132822120010 WDDdhlll Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 2, Block 1 4201 Central Ave NE 2 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 3, Block 1 4202 Central Ave NE 3 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 4, Block 1 4203 Central Ave NE 4 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 5, Block 1 4204 Central Ave NE 5 132822120010 Wootlhill Benchmark Companies I Minneapolis, MN 55421 1 $11,100 $527 1 $12,875 $12,988 1 $37,489 Lot 6, Block 1 4205 Central Ave NE 6 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 1, Block 2 4207 Central Ave NE 7 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 2, Block 2 4208 Central Ave NE 8 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 3, Block 2 4209 Central Ave NE 9 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 4, Block 2 4210 Central Ave NE 10 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 5, Block 2 4211 Central Ave NE 11 132822120010 Wootlhill Benchmark Companies I Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 6, Block 2 4212 Central Ave NE 12 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 7, Block 2 4213 Central Ave NE 13 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 8, Block 2 4214 Carmel Ave NE 14 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 Lot 9, Block 2 4215 Central Ave NE 15 132822120010 Wootlhill Benchmark Companies Minneapolis, MN 55421 1 $11,100 $527 $12,875 $12,988 $37,489 2480 Linwootl Ave E Albert and Dmothy 2480 Linwootl Ave E 16 132822210085 Maplmcnid MN 55119 Jir0vek Maplewootl, MN 55119 1 $0 1 $0 $3,880 $3,880 $7,760 Totals 16 $166,500 $7,900 $197,000 $198,700 $570,100 Agenda Item H2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Stop Sign Requests DATE: April 29, 2005 Iki Ill I3s]11R831[a]ki 1 &VI MIMF-11:vi The City Council has a policy to consider stop sign requests once per year in May. The stop sign policy was published in the March /April edition of the city news. An informational letter was sent out to residents in the respective areas, notifying them of the council meeting and public hearing. One request was received from a neighborhood resident for the installation of stop signs on Forest Avenue at Connor Street to make the intersection a four way stop. An all way stop at Holloway Avenue and First Street is also requested by city staff. Council review of each request is recommended. Background Sign requests were made at the following intersections: Forest Street and Connor Avenue - Patty Krause has indicated she would like two stop signs on Forest Street at Connor Avenue to be considered by the city council. A four way stop at this intersection was brought to council in May of 2004 at the request of Patty Krause. The City Council approved a two way stop on Connor Street and stated the intersection would be reviewed in the future to consider the affects of the stop signs. Several residents have written letters regarding the proposed stop signs. Five residents indicated they were against the addition of stop signs on Forest Street while four residents support the proposed stop signs. Holloway Avenue at First Street -At the February 14` 2005 city council meeting the city council approved a resolution to establish an urban district segment and speed zone on Holloway Avenue to reduce the speed limit from 40 mph to 30 mph. The city council also agreed to review an all way stop on Holloway Avenue, as a means of traffic calming, at the spring stop sign public hearing. Through discussions with North St. Paul and involvement in reviewing the speed concerns on Holloway, staff is recommending that an all -way stop be installed at Holloway Avenue and First Street. It should be noted that there had been some unwritten requests by residents and discussion by the North St. Paul city council to also consider an all -way stop at Holloway & Margaret. At this point staff is not recommending that the Margaret and Holloway intersection be considered. Locations maps and letters from residents are attached. In accordance with the stop sign policy, the issue of neighborhood stop signs will be considered once a year during the month of May. Affected residents have been notified by mail. The May issue of City News stated that stop sign requests will be considered at the May 9` 2005 council meeting. Basis for Recommendations Agenda Item H2 Stop signs are effective traffic control devices when used in the proper locations and under the correct conditions. Stop signs are effective when used to prevent crashes at busy intersections and to control vehicle right -of -way. The Minnesota Department of Transportation has set the minimum volume requirements at an average of 300 vehicles per hour for the installation of 4 -way stops. When stop signs are installed inappropriately, they are often times ignored by drivers who view them as an unnecessary interruption in traffic flow. Unwarranted stop signs cause some drivers to become frustrated and speed between stops or roll through them. Stop signs should not be used to control the volume of traffic or to decrease the speed of traffic as they have been proven to be ineffective in speed control and can lead to drivers disregarding all stop signs, even the warranted signs. The recommendations and the basis for approval or denial of the sign requests are given below. Forest Street and Connor Avenue - From an engineering standpoint, staff recommends denial of the request to make the intersection of Forest Street at Connor Avenue a four way stop, as the volume and speed of traffic does not warrant a four way stop. However, as Forest Street is a dead end street and the addition of stop signs would affect only those residents in the immediate neighborhood, staff does not strongly oppose the addition of stops signs at this intersection if the neighborhood indicates they are in support if them. F. Holloway Avenue and First Street —Approve the request to install an all -way stop as a means to reduce speed and increase safety along Holloway Avenue. A crosswalk exists to Maplewood Middle school at the intersection of First Street. An all way stop would provide additional safety at the crosswalk. Currently, the City Engineers of both Maplewood and North St. Paul City are recommending only an all -way stop be installed at Holloway Avenue & First Street. Since Maplewood and North St. Paul were successful in reducing the posted speed limit on Holloway Avenue from 40 mph to 30 mph, it is recommended that a 4 -way stop at Margaret NOT be installed until some time is given to observe the effects of the new speed limit and the All -way stop at First Street. RECOMMENDATION It is recommended that the City Council deny the installation of 2 stops signs on Forest Street at Connor Avenue. It is recommended that the City Council approve an all -way stop at Holloway Avenue at First Street. Attachments: 1. Location Maps 2. Letters from Residents 23 PALM ACT. cn P P C1R CONNOR 22 CT. I E III 0 1 COUNTY RD. C Kohlman O Pork O U� C J Manufactured C —I U� Housing O U Estates y w 5 2 C O��OR � 4 3 P �� • v DEMON AVE. w ROOKS w OT Q SEXTANT Q AVE. PROPOSED STOP SIGNS no scale LOCATION MAP 4 -WAY STOP AT FOREST ST. & CONNOR AVE. NORTH ST. PAUL N w H Z w Q Cr VI 0 it 29 68 < m / HOLL OWAY u AVE. I �I N 119 ( n E Of ° p w �• 3. < U ~ n o KN LL CIR. < Hillside (Y O y Park RIPLEY � AVE WIN KINGSroN PROPOSED AVE. SOUTH STOP SIGNS ��,% SOUTH WIN AVE. RD. W U ~ m : MCKNIGHT LN w w = m LARPENTEUR AVE. F c w ° (n z O } IDAHO AVE. w Q W F no scale z N V) U-1 J Of U L 30 LOCATION MAP ALL WAY STOPS 1 st ST & HOLLOWAY AVE. Agenda Item H2 � Agenda Item H2 Agenda Item H2 Stan ƒ Karen Stenson 2508 Forest Street Maplewood, M& 55109 April 26,2005 City o£Maplewood 1902 East County Road 8 Maplewood, M& 55109 &tte z Erb Laberce . \r Stan & Karen kbnson Im Agenda Item H2 Agenda Item H2 April 27, 2005 City of Maplewood 1902 Fast Courav Road B Maplewood, Mbi 53109 Attention: Erin Laperse Dear Ms- Laberee, I am in receipt of a letter dated April 22. 1 -005 Even the City of Moplewood regarding the proposal to install stop signs at the intersection of Forest Street and Connor Ave, There are existing stop signs on Connor Ave, already. This is to inform you that my wi Cc and I sup" the additional stop signs to make it a four-way %top. I believe that this will provide addhional safely to children and other residents whustroll on these streets. It will also slow down the traffic that wool$ to have increased iospsed ever tile last number of years.. ll'yoU have anN qucstions, please feet to contact me at (lie address below. Sincerely, ar-c 974 Connor 0. M.aplewood, MN 55109 Agenda Item H2 993 Thooks Court Mcphwuod, N1 N 55109 Aprd 26,2005 Maplewood City Council 1902 Ifest Courltv Rfuul Is Msocwoad Derr 0juncil Mcinbcrse Wears Wntingin OPPOSitsetl of the proposed crop sign at Vomi-Srecetand Connor Avenue. We can think of three rt-won u-, why a tolp sign couW poLenUsliv lac necessary, but we feel Ona this inuu-scr.6 t o meets nons: of there: For these twisons, we fcc that a stop sign is tun n"CNeaeN On FOICAC Street In Conner Ave, and urge the Counal to deny this trijuest, Shuxrrly, April 27, 2005 Erin Laberee Maplewood Engineering Department 1902 County Road B East Maplewood, MN 55109 RE: Stop Sign Request at Forest Street and Connor Ave. Dear Ms. Laberee Agenda Item H2 Thank you for taking the time to consider the stop sign request at Forest Street and Connor Avenue. I appreciate the work done to measure traffic patterns in my neighborhood. And I respect the professional expertise you and your department will bring to your recommendation. It is my understanding the traffic data recently collected on Forest indicates approximately 85% of the measured traffic traveled at or under 30 miles per hour. I believe the data also shows less than 3% of all measured traffic traveled at speeds exceeding 35 miles per hour. If my understanding of the data is correct, I do not believe a four way stop is needed. It is my layman's opinion that we do not have a speeding issue that requires the drastic measure of stopping the residential traffic on this neighborhood thoroughfare. Please accept this letter stating my opposition to a four way stop sign at Forest Street and Connor Ave. We do not have a traffic or speeding problem that needs a four way stop. I am not interested in tolerating the increased noise that would result from 100% of the traffic being forced to accelerate after stopping at the four way stop. I would also disagree with the idea of removing the two way stop on Connor and making Forest a two way stop. It is my understanding that in total, there is a slight up -tick in measured speeds as compared to measurements taken one day last year prior to the installation of the stop sign on Connor. If this slight up -tick is within the norms expected, please take that into consideration. Please also consider that the 2004 data is for a significantly shorter period of time and to be valuable as a baseline comparison should be only compared to a similar day and time period in 2005. 1 am not aware of any accidents or near misses reported at this intersection. I am not aware of an overwhelming outcry from neighborhood residents. I believe the best decision is to take no further action. There is no speed limit sign on Forest. Connor is the only through street leading to another neighborhood. There are no pedestrian crossing signs at this intersection. Has it been shown that speed limit signs or pedestrian crossing signs can improve compliance above the 85` percentile? If so, perhaps these measures might be considered. If your evaluation of the data and your experience evaluating similar situations leads you to recommend some type of change in how traffic is controlled on Forest, please first consider less drastic alternatives before considering a four way stop or moving the two way stop onto Forest. Respectfully, Kirk Davis 950 Demont Ave. E. Agenda Item H2 Richard A Cockrell 957 Doormat Avenue East Maphtwood.MN 55109 Ci ty of M ap t ewmal 1902 County Read R East Maplewood, MNK 55109 Attn: Erin Lemon Maplewood Public Works Department Door Erin: After receiving the April 22, 2005 letter from the Maplewood Engineering Department indicating that the city is revisiting the stop sign issue at Forest Street and Connor Avenue, as they received a request that stop signs be added along Forest Street to snake tire intersection a four way stop, I write to express my concern. Unfortunately, I will be unable to attend the May 9'2005 City Council Meeting as I will be out of town that week, Please let it be known that I do not wish stop su ns 0 me be added to forest. Thank you. ij Richard A, Cockrell Agenda Item H2 Linda R, Cockrell 957 Damson; Avenue East MapIcamsid,MN 55109 cI City of Maplewood 1902 County Road B East Maplewood, MN 55109 Asov Erin Labree Maplewood Public Works Department Door Sir or Menem! i have received the April 22, 2005 letter from the Maplewood foighwering Department indicating that the city is revisiting tire crop, sign issue at Forest Street and Connor Avenue as they received a request that stair signs be added along Forest Street to make the intersection a four way stop. Unfortunately, I will be unable to attend the May 9'2005 City Council Meeting as I will be in Orlando, Florida officiating at the World Teen) Trials in Archery for the vie& I wish to make my opinion bearif, Forest street is only four Necks long , ate block from the intersection of Forest & Connor arc signs indicating "Dead End" and "No outlet "', That small area is all residential with a 10 mile speed limit. f don't fee[ another set of stop signs is needed as Traffic is not heavy nor is the road any kind ofthimoughbits {such as County Road I have lived at the above address for over 10 Yours and drive on ksrset annoy tulles afiat. Those has noverixers any kind oftrafficorsafety issue, Please let it be known That I deeply oppose stop signs added to Forest. Thank you, �// i v s "tV Agenda Item H2 MENEM Erin Latreme Maplewood Engineering Department 1902 County Road 8 East Maplewood, MN 55109 RE: Stop Sign Request at Forest Street and Connor Ave. Dear its, Latse_ Thank you for taking the time to consider the step sign request at Forest Street and Connor Avenue. i appreciate the work done to rrieasore traffic patterns in my neighborhood. believe a four way stop is needed. Agenda Item H2 k1apituvood Foblit; Works Dapartnioa, Apri I V200 1902 East Counly Road R Nfaplvwood Nil 4 5� 109 ATTN Eris Laberce Doar M%, Lalteree, Very truly yours, Linda W Cockrult 957 Dernom Avearw hum Maplemsaod, NIN 55109 Chy of glatilcm, bed 1902 County Road B East NlaidemsVid, MN ii IN Alin: Win lak" hurtlewood PAN: 'Norks Depalliment I hasm sp*cn I&A my neighbor mail discovered IN: rwlrw ,s behind be IVLjUCm fM it 4 way mop sign on Fmvm Suen and Connor Avoutc. According to Be ninglilmme, there is as young driver at the neighborhood that drives film. This driver swill be igimic off In univc,orly in a your or test tend the Test oftliv. neighborhood will be muck with a Rmw may sews shia powers or be police of ibis issue mid have them patrol a ia%m a tielmu if net de w€, MOM Is also at concern That the School bus stofo and picks tip children tot Forest on Inc Northeast conwr of Forest Street and Connor Avenue, Thc% bus does have Mudirs, lights and a strati sign but tfsaibty is still a ccsiwtrs jwrhaps the bus COUld Slolin and pick UP. cliff dl-Ani on (we sr Avenue atich ah hi* a mvp A, That sixuld eliminate St. toed to mop for a mesa sign okQr than whini the bus is jawking Un add dropping off' Children re-iUee day, Nei change as the KIM gnim and people move in and our Them me phsoy Oftuther almullatives to addiv&I issues III Be maighborhocel other than an, additkund stap stgn so that civryonC WN) l ames beyond Forem and Wrier uxtuld have im suip Nuti o hell leaving and arth, 4lit lwllw. Pkue�o lei it he knoo a thin I do not swish stop inims be added to Fislest. Thank run etr U lids code IV] I ammumm MEMORANDUM Agenda Item 11 Staff is extremely pleased with the bids. I have has had the opportunity to work with Hoffman & McNamara Company on a number of past projects both in the city of Maplewood and in the city of Inver Grove Heights- They are a local based company located in Hastings and have an excellent record in developing and completing small landscape and park projects. Recommendation knbrd award sterling oaks rosin Erwiasufes STERLING OAKS PARK SITE DEVELOPMENT BID OPENING MAY 2, 20015 2 p.m. _ BIDDER ` _ AMWNT '— — E3IC1 AL1"ERNkTff —f_ _ I3IC} AL'CbkIUATE 22 T 5 °lo E31C3 E#tjNC3 .._.._._.._.._...__.__ --- Noffinen & McNamara Co. - ...___.,,.------------ $223,746 _ - 521400 Yes - -- Er cfased Jay Bros., Inc. $253,000 $27,102 Yes Enclosed _ __ Meisinger Construction Gc -, Inc _ X326 000 ` _ 36,500 ` __....____.._ Yes i Enclosed L S $257.000 $20,000 __ Enclosed , L STERLING OAKS PARK MAPLEWOOD, MINNESOVA WA art AaLy CIC m ge RIULTi�US 0 PLAY JeLIC STERLING OAKS PARK MAPLEWOOD, MINNESOVA WA art AaLy CIC Q .: uw. E t+ M AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Gladstone North Area Street Improvements, Project 04 -15 Assessment Objections DATE: April 28, 2005 INTRODUCTION Agenda Item J1 On April 25, 2005, the city council received eight assessment objections at the Gladstone North Area Street Improvements assessment hearing. Recommendations for action on each of the eight objections are provided for the council to revise or confirm the final assessment roll for the project. Background The proposed assessments for the Gladstone North Area Street Improvements were submitted to the city council for adoption at the April 25` 2005, meeting. Residents were provided with the required 14 -day advance notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. Eight property owners provided written objection as follows: 1. Richard and Marcile Esbolt, 1970 -1974 Dieter Street (PIN 152922240085): The Esbolts disagreed with the commercial (multi - family) rate applied to the front footage of their property for their duplex. They indicated that the assessment poses a financial hardship for them. 2. Sayed and Kathryn EI- Kandelgy, 1476 Eldridge (PIN 152922210052): The El- Kandelgys disagreed with the commercial rate (multi - family) that has been applied to the front footage of their property for their duplex. They indicated the assessment poses a financial hardship for them. 3. Gladys Olson, 1999 Clarence Street (152922230083): Ms. Olson is a senior citizen and indicated that the proposed assessment will create a financial hardship. Ms. Olson is requesting consideration for a senior citizen deferment. An application packet for deferment of the assessment was mailed to Ms. Olson. Judy Widholm, 1424 Burke Avenue (152922210025): Ms. Widholm's property is a corner lot at Birmingham Street and Burke Avenue and she requested that her assessment be reduced by half due to the fact that only Birmingham Street is being improved. 5. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue (152922240001): On behalf of the Islamic Institute, Mr. Elakkad requested the assessment be reduced. The Islamic Institute's limited budget relies solely on donations. Mr Elakkad indicated the proposed assessment will create a financial hardship. City Council Agenda Background Gladstone North Assessment Objections May 9, 2005 Page Two Agenda Item J1 6. William Priebe, 1366 Eldridge Avenue (152922220052): Mr. Priebe requested his assessment be reduced by half due to the fact that 1366 Eldridge Avenue has no street frontage and has a single access shared driveway with the neighbor. Ellen Cournoyer, 1384 Eldridge Avenue (152922220051): Ms. Cournoyer requested her assessment be reduced by half due to the fact that 1384 Eldridge Avenue has no street frontage and has a single access shared driveway with the neighbor. Robert King, 1460 Belmont Lane, (152922210070): Mr. King requested a revision of his assessment based on the high cost of the assessment relative to the value of homes in the neighborhood. Mr. King indicated that the benefit of the improvement should be reflected in the increase in property value once the project has been completed. Please note that Richard H. Schultz at 2111 Birmingham submitted an objection form requesting the storm sewer assessment be removed from his assessment. Mr. Schultz was not assessed for storm sewer. Erin Laberee indicated this to Mr. Schultz and he stated he no longer wished to object as he was not being assessed for storm sewer as he originally thought. Recommended Adjustments The following action is recommended on each request: Richard and Marcile Esbolt, 1970 -1974 Dieter Street (PIN 152922240085): Staff has reviewed the situation of duplexes in this neighborhood and what would be a reasonable basis of assessment. Duplexes support two homes and in all cases in this neighborhood, they also have separate utility services and driveways. Based on these conditions, staff proposes that duplexes be reviewed on an individual basis and be given consideration as two single family residences for the basis of assessment. For those reasons, staff recommends that the city council grant a revision to the assessment. The assessment shall be revised from $11,826.00 to $8,760.00 for 2 residential units. Sayed and Kathryn EI- Kandelgy, 1476 Eldridge (PIN 152922210052): Staff has reviewed the situation of duplexes in this neighborhood and what would be a reasonable basis of assessment. Duplexes support two homes and in all cases in this neighborhood, they also have separate utility services and driveways. Based on these conditions, staff proposes that duplexes be reviewed on an individual basis and be given consideration as two single family residences for the basis of assessment. For those reasons, staff recommends that the city council grant a revision to the assessment. The assessment shall be revised from $9,636.00 to $8,760.00 for 2 residential units. 3. Gladys Olson, 1999 Clarence Street (152922230083): No revision is needed at this time. Ms. Olson indicated to the city that she no longer requests a senior citizen deferment. Ms. Olson has paid her assessment in full. Judy Widholm, 1424 Burke Avenue (152922210025): Grant revision to assessment. The assessment shall be revised from $4,380 to $2,190.00 for 1/2 residential unit. At some point in the City Council Agenda Background Gladstone North Assessment Objections May 9, 2005 Page Three Agenda Item J1 future, this property will be assessed another half unit assessment on Burke Avenue when Burke Avenue is upgraded. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue (152922240001): Staff has reviewed the property and has considered the benefit based on other reasonable uses of the property. If the property were to be redeveloped as a single family use, it could support five single family properties. Based on that comparison, staff recommends that the city council grant a revision to assessment. The assessment should be revised from $40,646.00 to $21,900.00 which would be the charge for five residential units. William Priebe, 1366 Eldridge Avenue (152922220052): Deny revision to assessment as benefit is received. The basis of the unit assessment is that everyone in a neighborhood contributes equally to the street program in their neighborhood. Every property benefits from the use and improvement of the area streets. The properties at 1366 and 1384 Eldridge access their properties from Birmingham Street and would not be assessed under any other project of other streets. It should be noted that Mr. Priebe is an employee of the City of Maplewood in the Engineering Department. Ellen Cournoyer, 1384 Eldridge Avenue (152922220051): Deny revision to assessment as benefit is received. The basis of the unit assessment is that everyone in a neighborhood contributes equally to the street program in their neighborhood. Every property benefits from the use and improvement of the area streets. The properties at 1366 and 1384 Eldridge access their properties from Birmingham Street and would not be assessed under any other project of other streets. 8. Robert King, 1460 Belmont Lane, (152922210070): Deny revision to assessment as benefit is received. The assessment is consistent with the city's established 1999 pavement management policy and basis of assessments which have been used since 1997. Based on years of experience, the benefit received by such projects far outweighs the amount of the assessment. RECOMMENDATION Staff recommends that the city council approve the attached resolution for the adoption of the revised assessment roll for the Gladstone North Area Street Improvements, Project 04 -15. Attachment: 1. Resolution 2. Objection Letters 3. Location Map RESOLUTION I_19311,611 •ilg01162C07_FX9 *X9iiI:1012:Zi111 Agenda Item J1 WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005, the assessment roll for the Gladstone North Area Street Improvements, City Project 04 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eight property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Richard and Marcile Esbolt, 1970 -1974 Dieter Street, request revised assessment due to multi- family rate applied. 2. Sayed and Kathryn EI- Kandelgy, 1476 Eldridge Avenue, request revised assessment due to multi family rate applied. 3. Gladys Olson, 1999 Clarence Street, requested senior deferment. Judy Widholm, 1424 Burke Avenue, requests revised assessment due to only one side of frontage being improved at her corner lot. 5. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue, requests revised assessment due to financial hardship. 6. William Priebe, 1366 Eldridge Avenue (152922220052), requests revised assessment due to no street frontage and shared driveway. Ellen Cournoyer, 1384 Eldridge Avenue, requests revised assessment due to no street frontage and shared driveway. 8. Robert King, 1460 Belmont Lane (152922210070), requests revised assessment due to high cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Gladstone North Area Street Improvement, Project 04 -15: 1. Richard and Marcile Esbolt, 1970 -1974 Dieter Street (PIN 152922240085): Grant revision to assessment. The assessment shall be revised from $11,826.00 to $8,760.00 for 2 residential units. Sayed and Kathryn EI- Kandelgy, 1476 Eldridge (PIN 152922210052): Grant revision to assessment. The assessment shall be revised from $9,636.00 to $8,760.00 for 2 residential units. 3. Gladys Olson, 1999 Clarence Street (152922230083): No revision is needed at this time. Ms. Olson indicated to the city that she no longer requests a senior citizen deferment. Ms. Olson has paid her assessment in full. 4. Judy Widholm, 1424 Burke Avenue (152922210025): Grant revision to assessment. The assessment shall be revised from $4,380 to $2,190.00 for 1/2 residential unit. Agenda Item J1 Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue (152922240001): Grant revision to assessment. The assessment shall be revised from $40,646.00 to $21,900.00 for 5 residential units. 6. William Priebe, 1366 Eldridge Avenue (152922220052): Deny revision to assessment as benefit is received. It should be noted that Mr. Priebe is an employee of the City of Maplewood in the engineering department. 7. Ellen Cournoyer, 1384 Eldridge Avenue, (152922220051): Deny revision to assessment as benefit is received. Robert King, 1460 Belmont Lane, (152922210070): Deny revision to assessment as benefit is received. B. The assessment roll for the Gladstone North Area Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll 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 it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15` 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9th day of May 2005 Agenda Item J1 April 13, 21005 Office ruTily Clerk ('try of Maplevvood ,vlaplewood, MN 55109 RE"; Cladstonc North Area Street finprovements, ProJectres,04-15 Property Pin # 1529 Property Address: 1970/1974 Dieter Street (Side by Side Duplex) Owncrs; RICO IARD J & MARCILL M ESBOLIXf (husband & wife) 1974 - homesteaded by owners, since 1997, both retired senior Citizens 1970 - occupied by widowed sister-in-law of owners, a senior citizen We are proud of our family duplex & strive to keep it well maintained (photo enclused), we emov living in Maplewood ( 1 %it resklents) andxv also see the need for street Improvensent& '['he Purpose of this letter, however, is to obiect to the unfair method of calculating the special assessment on our residence. We feel the classification of our family duplex as COMMERCIAL STRLET PROPERTY with the excessively high assessment of $11,82 .00 is wrong. We are swnusr citizens living on a fixed income, trying, to maintain a modest I ite style. Since we could not pay this assessment oft'i munedi alvk, the size of this assessment would add over $ 100 per month to our taxes for the next 15 years. This wooki t:rsaw a great financial burden for us. Please change the property classification to reflect a fair method of calculating this special assessment. J Agenda Item J1 Notice of Your Prop"'s 1999 Estimaled Market Value This is not a bill - PAMSEYC"Vily ixtesitedy Ad,'P'O= 03/19111P,19 5"Ooe-A f J. Number 1074 E] ': sT N —1' 2e 22-24-0..)85 ° E 7 'adidatea Podsody Gdos RES TENT I At, J I RICTIARIO J C'SELCU7 odOCZU it ESBCLDT i4of-1974 WEVis FT ! OIL 55tO9-4414 Rarnsev County aniveriv RoTtlrk 31 RU'dorte K If in, Sn'4 1 , .,j %4': 0' - Vk i pu 2 M a 1, Vi. ', 1 k, Ia II f �im3iNmiolga - , csr local e. Ionemr- n- rwaqvslrj file a. i*wnl of pllipoly lax -5 !net I heymp naxOi of ?,Ciat• zaxen'. If, I-ek... elowii Iaot ana ClAurrin {2: tellin• xhir,s ve I,xl : acs prope'l 1..F insi ts, l It VOa, lecal I't*dkoinne tax lRal r a ndat finar,.desartf any aplcaltin dartandOTO, Ungar jHdifinelfa Ratalal 0 54hiens Mff 8OPOOnd sent din"' did'Oleirs. of special ass.1,OC-IS amill0i". as " sft'll ii wftaiiix W.j iw!vpdddd 7Vint, w!# -Ody rardi's Tne 5'renif LoAd we O•wcu" ne 2004 si-diPt TO,. alaw,,ned to atned! It A so,,j are A, adoonsdis and Uldia'dinse nIX i lileat Oda: U161 r1l' aeverif-ew e pu ie quedions r.&ruliie-j Inc prona%eari il*qxel law mileeiro shown o-I d,- lidlnt+ Ni, wad:uid, ., i ard,aed it . 4'r .I rwO of lsoeerpfda! t fir DO wi , cleasinx it idoaaOt lax" RX 2005 Of 11 (Is In in crease I'l dxlx sla 12 lent ti xGr. Clij hPn n I'dPoini.m .1 Iei- d,xv FM -.Ple Th•'l ., nW .,%i puri. Lewx,c ran ?ht .x to T%dix Dedlersoleas RICHaR0 J PSBOLDT MARCILY M ESRIXth" 1970 DIFTER ST 1974 MAPI FW000 MV on UP-4414 i.0 dd6 o W ... dedbil III ?M HEY 00MES l t. "m 22 2x. Was 5 7z* OW - Y'ETEr ST N TONE, PLAT (A) A IA 01- VAC lel,!El Ar I ANO la,elx�x ?Oysxll .. Mis 2 3 tvia' HOMRITEAD Agenda Item J1 i i A'0 Mr. El-Kande1gy is retired and will be 70 years o ld this year. Mrs El-kandelgy is near retirement. Pi 162 Wakefield V # UV T-4 pip , k... fY�F Sayed M. El- Kandelgy Kathryn S. El- Kandelgy Agenda Item J1 ASSESSMENT HEARING APPEAL FORM GLADSTONE NORTH AREA STREET IMPROVEMENTS PROJECT 04- Address of assessed par cel /—* rt C �:: r' Property identification number; (12 digit number) Do you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to safer, revise or cancel your assessment, This form must be complakitied and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. f request that the city council consider (check one): a. Senior citizen deferment (over 65 years of age) la. Disability hardship deferment (whore retired by virtue of a permanent and total disability) 0, Undeveloped property F] Cancellation of assessment a, 0 Revision of assessment Reason for the reducer: 'Jap. — ------- — --- . ... 'C o . .......... . ..... .......... ---------- . ......... .. Addives of Property Owner Code Telephone --------------- City safe Zip Agenda Item J1 April 18, 2005 City of Maplewood Maplewood, MN $5109 Department of Public Works Office of the City Engineer To Whom It May Concern: 4 = I spoke to . 's Covert about the half assessment for comer properties and he said it is arbitrary and not a hard and fast rule, lie also said that it is approved art a case by case is, I do net know what criteria you could use that would be fair to all residents. I am a widow on a fixed income--would that be taken into consideration? It is my understanding that in the Pact you have fullest a half assessment for a home tan a corner lot. An assessment of $2, 190 for my house on a comer lot is what I bicheve would be fair since only one of my strects will be improved. I believe the assessment of my property should be r vat tell .1 would appreciate it if you could notify me of the change before y interest would accrue. My phone number is 651- 777 -8744 if you have any questions. ASSESSMENT HEARING APPEAL FORM GLADSTONE NORTH AREA STREET IMPROVEMENTS PROJECT 04-15 Address of assessed parcel rr l c t jV Property identifi cation number; -I a - 2 4 - 0 0 0 i ijit Inim �e - - ' Do you wish to address the City council tonight? DQ 1:1 Yes No Agenda Item J1 MPHRM man= I OWWWWW"_ will become part of the public hearing record. I request that the city council consider (check one): a , F Senior citizen deferment (over 65 years of age) b. Disability hard-ship deferment (where retired by virtue of a permanent and total disability) c. El Undeveloped property d, ❑ Cancellation of assessment a. Revision of assessment Reason for the request: unwr Pnm, Name Signature Date A33,6 t C ",,li ( () Andress of Property Owner Code Telephone A/v -;s City state Zip Agenda Item Jl Islarale Institute of Minnesota 14io) Skillman Av, Maplewood, %4N POO 1301541kost' illc, M.-N551 I J To Whom It May Coneern: Agenda Item J1 ASSESSMENT HEARING APPEAL FORM GLADSTONE NORTH AREA STREET JMPROVFMENTS PROJECT 04-1 Address of assessed parcet Property identification number: J. 7 — - - 7.- - - sz 4-- . 2. (12 digit number) Do you wish to address the city council tonight? L j Yes No ant] become part of the public hearing record. 1 request that the city council consider (check one)r, e, x Revision of assessment Reason for the request: ............. ...... . ......... ...... DoW WEHEM Cole Tieephicle M.11.s./ . .......... .. . . ... . . ....... Z�p Cic' state. Agenda Item J1 ASSESSIVENT HEM N-G APPEAL FORM GLADSTONE NORTH AREA STREET IMPROVEMENTS PROjEC T 04-1 E will become part of the public hearing record. I request that the city council consider (check one): a. X. Revision of assessment Reason for me request I Agenda Item J1 ASSESSMENT HEARING APPEAL FORM GLADSTONE NORTH AREA STREET IMPROVEMENTS PROJECT 04-15 Address of assessed parcel V (0 6d - Z1oyv — vlo-- Property identification number: (12 digit number) —. Do you wish to address the city council tonight? Yes No • later than the close of tonight's city council assessment hearing. Yourrequest will become part of the public hearing record. I request that the city council consider (check one): ...... a. `_ j_] Senior citizen deferment (over 65 years of age) b. L Disability haniship deferment (where retired by virtue of a permanent and total disability) C. L--J Undeveloped property d, Cancellation of assessment Is. Revision of assessment Dare r-7 I-e AddreSS of Propero 0wrier Cadie TelekhI shoo Z Reason for the request, GERVAIS AVE. Fl COPE CT. COPE )R' _ J LARK W `_J 1 LEALAND RD. — JUNC TION Q AVE. 1 P F R F BURKE A� D — J �'- Ll GRANDVIEW AVE. VIKING DR. c SHERREN AVE. Knu Head Lake AVE. AVE. LARK ° LAURIE Q � Sherwoodz � AND S HURST Pork z n AVE. CD BURKE m LN F-� CiR ELDR IDGE c E. BELMON LN. h SKILL �P VE. SKILLMAN AVE. Lij l - h 0 � SHR� Cnn PVE � v J D w Robinhood D RY AN = U U Park R rn TRAIL Flicek Park H n c.� z w F NTON AVE. 0 4 4- Gloster Ct Cr i ? J n Pork _ FRISBIE AVE. o Ln IF RIP LEY / w z Q HII o F U z _ Q N I AVE. :20 Vl N Q LM ER AV E. LLJ I II D AVE. � C — f) �\ AVE. John G • • ■ /m I BURKE // Al .J / GATEWAY HARRIS AVE. ROSEWOOD AVE. S. 0 SU MME?, AVE. I �I Project location no scale Exhibit 1 Project Location Gladstone North Area Streets 04 -15 Agenda Item J2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Springside Drive Street Extension, Project 03 -36 Assessment Objections DATE: April 28, 2005 INTRODUCTION On April 25, 2005, the city council received one assessment objection at the Springside Drive Extension assessment hearing. A recommendation for action on the objection is provided for the council to revise or confirm the final assessment roll for the project. Background The proposed assessments for the Springside Drive Extension were submitted to the city council for adoption at the April 25` 2005, meeting. Residents were provided with the required 14 -day advance notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. One owner provided a written objection as follows: 1. Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072): On behalf of the Fedorowskis, Patrick B. Steinhoff of Malkerson Gilliland Martin LLP submitted a written objection to the assessment. The letter states "the project does not constitute a public improvement rather a project benefiting only private interests," among other reasons for the objection. A copy of the letter is attached. The Fedorowskis (2439 Springside Dr.) were able to develop their property in 2001 by accessing their property through a limited, unimproved right -of -way off the end of Springside Drive. The properties at 2439 Springside and 2437 Linwood have never contributed to any access benefit to their property, nor have there ever been any improvements along their right -of -way frontages. The city has always anticipated the future extension of Springside Drive. Details regarding the history of Springside Drive and the Fedorowski's lot split are outlined below: On February 13, 1989, the city council approved the Huntington Hills South Third Addition Plat. A condition of plat approval was the construction of a temporary cul -de -sac at the end of Springside Drive, ensuring the possibility of the extension of the street for future development. On April 30, 2001, city staff approved the minor subdivision of 2437 Linwood Avenue in order to create two single - family lots. One lot maintained the existing house on 2437 Linwood Avenue and the second lot was developed with a single - family house, 2439 Springside Drive (the Fedorowski's property). A condition of approval was the dedication of a 60- foot -wide right -of -way easement for the likely future extension of Springside Drive. The conditions of the lot split are attached. A quit claim deed dated July 24, 2001, dedicated the right of way to the city. City Council Agenda Background Springside Drive Extension May 9, 2005 Page Two Agenda Item J2 At the time of the 2001 lot split, the applicant(s) were not required to extend the cul -de -sac and utilities as it would have been inefficient and costly to extend the infrastructure to benefit only two properties, although it certainly was implied that the road and the cost of the road extension was in the city plans by the requirement of the right of way dedication. The City allowed the Federowskis to build on their property, with the understanding that the road would be extended in the future. The City chose to not be bureaucratic and require a road extension to nowhere in 2001. Had the City taken the bureaucratic route, the roadway cost would have been entirely the Federowskis in 2001. Under this project, the cost of improvements have been spread over five properties, a major benefit to the Federowskis contrary to their attorney's claim. Again, the properties at 2439 Springside and 2437 Linwood had never contributed to any access benefit to their property, while all other properties with frontage on Springside Drive had absorbed the cost of the street in the price of their lots when Huntington Hills South was developed. The Springside Drive extension project was originally scheduled for construction in 2004. The assessment hearing for Springside Drive had been ordered for September 27, 2004, but was cancelled after the bids were opened. At that time, all bids (3) were rejected as they were approximately $30,000 over the engineer's estimate. It was decided to cancel the assessment hearing and re -bid the project in 2005 with the Gladstone North Area Street Improvement project in anticipation that bids would come in lower and assessments would be kept at a reasonable cost. The bids did come in on budget and the assessments were kept at their original amount. Recommended Adjustments The following action is recommended: Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072): Deny cancellation of assessment as benefit is received to the property. The extension of Springside Drive has always been anticipated, as evident with the right -of -way dedication requirement during the 2001 lot split. The property at 2439 Springside has a limited access through an unimproved right -of -way off the end of Springside Drive. The property has never contributed to any access benefit to their property nor have there ever been any improvements along the right -of -way frontage. The Fedorowskis will receive benefit from the extension of Springside Drive and have never paid compensation for the benefit of accessing their property through Springside Drive. The city has always anticipated the future extension of Springside Drive and the Fedorowskis should be assessed for the benefit their property has always received. RECOMMENDATION Staff recommends that the city council approve the attached resolution for the adoption of the revised assessment roll for the Springside Drive Street Extension, Project 03 -36. EML /CMC Attachment: 1. Resolution 2. Objection Letter 3. Lot Split Conditions 4. Location Map 5. Detailed Map RESOLUTION I_19D11,611 •ilg01162C07_VRI *R iiI:1012:Zi111 Agenda Item J2 WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005, the assessment roll for the Springside Drive Street Extension, City Project 03 -36, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, one property owner filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Brad and Dawn Fedorowski, 2437 Springside Drive, object to assessment as no benefit is perceived to be received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Springside Drive Street Extension, Project 03 -36 Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072): Deny cancellation of assessment as benefit is received to the property. B. The assessment roll for the Springside Drive Street Extension, City Project 03 -36, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll 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 it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than November 15` 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9th day of May 2005 Agenda Item J2 9 , M A L K E R -; 0 N G I L L I L A 14 D M A IRT 1 N L;,v 4 4,10m 1 900 U C R ANX fLALA Coo H TCWF P RECEIVED M..., Ml--USOTA 54402 7 CLi OPOWC SIP 244 - I I I a F6cs-.na 61 2- 334 - 1 r ich B. SceiChoff, kstj- Man MI 46121 455100 Ajoil l4,2005 (Ty Oerk City of b4aple4Y wel 002 Onluty Road B Emet N-laplewood, 55109 S tair (AW] t F1 13) NIM t, & Nj Al I I Rv; AC!iCCNoISTn - Nrvel l2,R2234U0i- Dcar 41r vfatlaur ficaring. for ou aCqcoaruvnt of hd luolmly Or "Publu Improvenarnt Prix cct Nuuhci 03 30 be buord by th• b4aple•ood (ityCounol on lvkoiday, Aprif 25• 2005 at 7 15 p.jo• Mi. Fed000vilki hereby objecvs to Ac pwpowd assess nwit for the following rcaaous: by p! o reCied a %Ccss it Ito I ; vi (fla t o i he provi C nim W NA hues as S Ut u te (3uh he r 429 uschhing� va da"t but icafion, Sect 1 291)5, 1 and 4?4,061 The popoCial ws;,qsrncn(a con5liunC all MOM MAOUI ulual taking of propkry With(All jLISt 3. Thv prilpteCCl "lPsusamenta violate fair lWofowski'b fqvc• ,, and equal priourctOn dglw I The polywed p"ject thws not cownJouc a public ni'll)"ivrinein big tatle:2 a puttecl henefifing only pri vate huo Cam J. The proposed vxcCvd any pulportud incu:�C+c to voluo to the I Cal pr"My, Agenda Item J2 CAy Cluk Up of h4qAewoOd ApOl 14,2(X)5 fugc 2) & The puqmscd arse stttcrats Mate relevant Enuvishun of the NdMqcwood City (M. IN lanquoved, as: camnords vinlele ofliur Nfinnevota hov and eunuum We chnimlly request that these onpe1une; he ac..tjned as part offlie rvCL8`d KfOre lbe (3y f MOM can Apri ? 2005 PlOASK' c:nfl RIC With 3ey kjUVSfi0nS, N�MMMMMMMM Patriek ft. Steitz} off Cc: I kuward A. Hoslop Aftym zmd (Ty (butscal Mcuthers o1'NLrplcwoiu1 Agenda Item J2 April 30, 2001 Mr. Bradley Fedorowski 1257 Guthrie Avenue North Oakdale, MN 55128 LOT DIVISION APPROVAL The city has approved the lot division shown on the enclosed map. Approval is subject to the following conditions: 1. The deed for Parcel 2, the northerly lot, shall include: a. A deed restriction that requires that a house and garage on this parcel must be set back at least 30 feet north of the westerly extension of the north line of the Springside Drive right -of -way. This is to meet the required 30 -foot setback from the street right -of -way if Springside Drive is extended to the west. b. The dedication of a right -of -way easement by quit -claim deed dedicating 60 feet of right -of -way for the future extension of Springside Drive. 2. The applicant shall pay cash connection charges for the connection to sanitary sewer and water utilities in Springside Drive. Please contact Dennis Peck or Chris Cavett at the Maplewood Engineering Department (651- 770 -4550) for the specific amount. 3. As conditions of the building permit for Parcel 2: a. All requirements of the Maplewood Public Works Department must be met regarding street /driveway grade, grading, drainage and utility connections. Please contact the public works office to discuss these matters. b. All requirements of the Fire Marshal shall be met regarding an all- weather driveway surface to the house. Please contact the Maplewood Fire Marshal, Butch Gervais at 651- 770 -4546 about this. 4. Record the new deeds within one year. Agenda Item J2 Mr. Bradley Fedorowski Page 2 April 30, 2001 Once you have satisfied Conditions One and Two, you may submit the deeds to me for my signature and stamp of approval. Ramsey County requires this acknowledgment of approval to record your deeds. You may appeal any of these conditions to the city council by writing me within ten days. Your letter should state what you are appealing and why. Please call me at (651) 770 -4562 if you have any questions. THOMAS EKSTRAND - ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Enclosure: Site Plan of Approved Lot Split p:12 -28 \s p rg s i d e. s p l RAMSEY COUNTY CORRECTIONAL n-� �. FACILITY LONDIN LN. R Crestview D Park )ND J��� w1N O � �� O'DAY 39 O L CL ' P N v MARY LN. cn u Q LN. AVt. PONDS OF ST Q C') 0�DAY Q BATTLE CREEK KING MAILAND �� CIR. ° GOLF ry O COURSE w ° c O 1. CRESTVIEW Q Vista Hills Z Mailand FOREST _ Z O Park Park J DR. O DD -i � � 1 2 ' 2. DEER RIDGE D O w TEAKWOOD DR. cn LN. o Q OAKRIDGE DR, HILL W z �� WOOD D D � Q C) w 2. DR. HILL/QgKR /DG ° u C 1 . �� T E ~ Q S PRINC ��2 t w Of SIDE U 0-1 u o ° OR. C� � LINWOOD AVE. ,HL AVE. L I NWOQD �� z ° C �P PRO MONTORY ° u G\� Z Applewood �� BVLD. G QS J Park RED � � PROJECT z SPLENDER I(( LOCATION z TINARFR CIR. Exhibit 1 no scale Project Location Springside Drive Extension, C.P. 03 -36 West of Sterling St. 31, 337.76 PROPOSED RIGHT OF WAY ED $23,717.76 SPRINGSIDE DR. PROPOSED LOT JEASTING RIGHT OF SPLIT WAY 31, 337.76 i✓�C !E�'.II $31,337.76 /TEMPORARY CUL -DE -SAC PROPOSED LOT n SPLIT Ll�' LINWOOD AVE. Exhibit 2 no scale PROPOSED STREET LAYOUT Springside Drive Extension, C.P. 03 -36 West of Sterling St. Agenda Item K1 SUMMARY MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit (CUP) Amendment PROJECT: Home Depot LOCATION: 2360 White Bear Avenue DATE: April 19, 2005 INTRODUCTION Request Home Depot, located at 2360 White Bear Avenue, is requesting a conditional use permit (CUP) amendment to have additional exterior storage, display, sale and distribution of merchandise at their store. They now have a CUP for outside storage and display for the outdoor garden center located on the north side of their store. Home Depot is now requesting a CUP amendment for a permanent addition on the northwest side of the exterior garden center for additional outdoor storage of merchandise. They also are requesting a CUP amendment to have four other areas on the property for the outdoor storage, display, sale and distribution of merchandise. BACKGROUND November 28, 1994: The City Council made several approvals for the Maplewood Retail Addition (the area between White Bear Avenue and Ariel Street between 11` Avenue and Highway 36). These approvals included land use plan changes, zoning map changes, a conditional use permit (CUP) for Home Depot to have exterior storage, display, sale or distribution of goods or materials and a preliminary plat. DISCUSSION Reasons for the CUP Revisions Home Depot has outgrown their facility. The existing store is now 10 years old and does not meet all the current needs of Home Depot. They are now storing outside landscape materials, yard sheds, trailers and larger tractors and lawn maintenance equipment. The proposed revision is intended to accommodate the existing and near -term future needs of Home Depot in this location. The proposed permit revisions to allow additional outside sales and storage should meet the city requirements for a CUP revision. It is the opinion of city staff that the proposed permit revisions are reasonable and they should not have a negative impact on the neighboring properties. Staff is recommending that the city council approve the revisions for the CUP to allow the requested changes. Staff also is recommending that the owner and store manager work to ensure that they will have the site clean -up done in a timely manner. INx8101MI MI:Iki U7e 1 1111[a]ki Approve the resolution in the complete staff memo that approves revisions for the CUP for Home Depot at 2360 White Bear Avenue. MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit (CUP) Amendment PROJECT: Home Depot LOCATION: 2360 White Bear Avenue DATE: April 19, 2005 Iki Ill 11 :is]111101[a]ki Request Home Depot, located at 2360 White Bear Avenue, is requesting a conditional use permit (CUP) amendment to have additional exterior storage, display, sale and distribution of merchandise at their store. They now have a CUP for outside storage and display for the outdoor garden center located on the north side of their store. Home Depot is now requesting a CUP amendment for a permanent addition on the northwest side of the exterior garden center for additional outdoor storage of merchandise. They also are requesting CUP amendment to have four other areas on the property for the outdoor storage, display, sale and distribution of merchandise. (Please see their letter on pages seven and eight and the maps on pages nine - twelve.) BACKGROUND November 28, 1994: The City Council made several approvals for the Maplewood Retail Addition (the area between White Bear Avenue and Ariel Street between 11` Avenue and Highway 36). These approvals included land use plan changes, zoning map changes, a conditional use permit (CUP) for Home Depot to have exterior storage, display, sale or distribution of goods or materials and a preliminary plat. March 24, 1997: Staff approved a permit request by Home Depot to have two temporary seasonal outdoor storage and sales areas in the parking lot. DISCUSSION CUP and Seasonal Permit Staff has reviewed the CUP and staff - approved temporary permit annually and found Home Depot has been in compliance with the original conditions of the CUP as they relate to the exterior garden center built with the store. This CUP was for the outside display, sale and storage of merchandise goods. However, staff recently noted a change in how the store was using the areas approved by the seasonal permit that the city issued in 1997. This staff approval was for two temporary fenced areas in the parking lot for the storage, display and sale of merchandise. The first of two seasonal storage areas used by Home Depot is the uncovered storage area measuring 2,500 square feet that is to the north of the original exterior garden center on the northwest side of the building. Home Depot is now using this area to store landscaping materials and sheds. It has a 6 -foot chain link fence around the perimeter with a gate leading into the larger outdoor garden center. This area has now become a permanent outdoor storage area. The second area is located in the parking lot west of the building and measures about 27,750 square feet in area (Number 5 on the site plan). Home Depot uses this area to sell landscaping materials yearly from April to September. They also have expressed an interest in expanding the seasonal use beyond the three -month maximum for the display and sale of merchandise in the second area in the parking lot. Home Depot has applied for a CUP amendment so they may use both of these outdoor sales and storage areas for six months every year. Upon inspection of the property, staff also noticed several other code violations. Permanent storage and display of merchandise On the store's apron, directly in front of the entrance on the north and south side, Home Depot is storing additional merchandise. This merchandise consists of landscaping materials and fencing. There also is a mini -donut sales trailer parked on the front apron just to the north of the building entrance. In the parking lot, Home Depot wants city approval to store and display other merchandise including small trailers that consumers may buy. Home Depot also has two moving trucks that are rented to customers for the convenience of moving larger goods. These vehicles are slightly larger than a standard size pick up truck and the store keeps them in the southeast side of the parking lot near the covered customer loading area. Storage of delivered merchandise To the rear of the building, on the southeast corner, delivery trucks bring pallets of merchandise that they unload and leave for the store (Number 3 on the site plan). The store uses this area as a staging area for the materials and merchandise. The delivered products remain outside for a few hours before employees of Home Depot move the delivered materials into the store. Assistant store manager Amy Campbell stated that for safety reasons, the employees move the merchandise into the store during the evening and overnight hours (so as to not have conflicts with customers). Additional issues In addition to the previous violations, there are several minor infractions that Home Depot needs to address. In front of the store, abutting the customer loading area, Home Depot is storing several rolling carts that customers use when purchasing large merchandise. On the north and east sides of the store, adjacent to the exterior garden center storage addition, there are empty pallets, loading materials and such laying around giving those areas a messy appearance to customers and adjacent properties. In response to these concerns, the Home Depot staff is exploring the idea of building an outdoor cart storage area on the west (front) side of their building between the doors. They also have been working recently to clean up the exterior of their property, including removing the garbage and the debris. Upon recent inspection, staff found the exterior areas of the property to be in much better shape than they were last fall. Cross easement The Maplewood Public Works street department has brought to the city's attention that delivery trucks traveling northbound on White Bear Avenue and turning right onto the access road are causing damage to the newly- constructed sidewalk and pedestrian ramp. Mr. Chuck Ahl, the city's public works director, has stated that this access road included in a cross easement with the original construction of this site is to allow access between all the lots in the project. Mr. AN also stated that in order to solve the problem, which he states is due to the tight radius of the right turn lane on White Bear Avenue, Home Depot would have to redirect all delivery trucks to the north to use the 11` Avenue entrance. Mr. AN further indicated that the access roads are private and that any damage caused by either Home Depot, Cub Foods or any other tenant would be their responsibility and any expenses for reconstruction incurred by the city will be reimbursed immediately upon billing. Also, Lt. Rabbett of the Maplewood police department has discussed the responsibility and maintenance of both access roads with both Cub Foods and Home Depot. This occurred after he was called in the winter of 2003 due to a large number of accidents at this private access road onto White Bear Avenue. At this time, there was confusion between the tenants as to who was responsible for the sanding and repair of the access roads. In order to address this issue pertaining to the rights and responsibilities of both access roads, the city obtained a copy of the reciprocal easement and operation agreement that was recorded with Ramsey County on February 3, 1995. I have included part of the easement language below. ARTICLE I — GRANT OF EASEMENTS Section 1.01. Access Easements "The Owners of the Parcels hereby grant and convey, each to the other, for the benefit of all the Parcels compromising the Shopping Center, a non - exclusive perpetual easement and right to the use of the Common Areas including all common curb cuts, roadways, driveways, aisles, walkways and sidewalks located on the Parcels and as indicated on the Site Plan, and located on the Parcel of the granting Owner, for purposes of ingress, egress, passage and delivery, by vehicles and pedestrians." ARTICLE II — CONSTRUCTION, MAINTENANCE AND OPERATION Section 2.01. Construction, Maintenance and Repair "Each Owner shall maintain and repair all Buildings, related improvements, and Outside Sales Areas located on its respective Parcel, and maintain, repair, and replace all Common Areas located on its respective Parcel, so as to keep such areas at all times in a safe, sightly, good and functional condition... and in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction thereover as well as with the provisions of this Agreement." Reasons for the CUP Revisions Home Depot has outgrown their facility. The existing store is now 10 years old and does not meet all the current needs of Home Depot. In addition to the building being too small for today's needs, it does not provide sufficient space for storing indoors all the merchandise that they now want to provide to their customers. They are now storing outside landscape materials, yard sheds, trailers and larger tractors and lawn maintenance equipment. The proposed permit revision would enable Home Depot to legally store some merchandise outside in limited areas of the property. The proposed revision is intended to accommodate the existing and near -term future needs of Home Depot in this location. The proposed permit revisions to allow additional outside sales and storage should meet the city requirements for a CUP revision. It is the opinion of city staff that the proposed permit revisions are reasonable and they should not have a negative impact on the neighboring properties. It benefits the city by allowing an existing business to provide a better mix of products and services to the residents of the area. It also helps Home Depot by allowing them to use more of their property for sales and storage. Staff is recommending that the city council revise the CUP to allow the requested changes. Staff also is recommending that the owner and store manager work to ensure that they will have the site clean -up done in a timely manner. Parking The proposed CUP revision would not require any additional parking spaces and in fact would use many of the existing parking spaces on the property on a regular basis. The city approved Home Depot in 1994 with a total of 608 parking spaces — 493 for the store and another 115 for the garden center. Based on the parking requirements in the city code, however, the city normally would require the store to have 658 parking spaces— 518 for the existing building and 140 more for garden center. As such, the city approved a parking reduction of 50 spaces for Home Depot in 1994. The original site developer did provide the city with a proof of parking plan showing where they could add 50 more parking spaces if the city ever determined that they were needed. The current proposal would use about 122 of the existing parking spaces for outdoor sales and storage. This use of 122 of the existing parking spaces for six months of the year has the potential to cause parking problems or shortages for Home Depot. However, since 1997 when Home Depot started using parts of the parking lot for outdoor sales and display, I am not aware of any problems that this has caused, nor have I heard any concerns about their parking situation. They note in their letter (on pages 7 and 8) that they have always had adequate parking for their customers and the employees. Building Official Comments Dave Fisher, the Maplewood Building Official, reviewed the proposal and provided staff with several comments. They are in the memo on page 13. COMMISSION ACTION On April 18, 2005, the planning commission recommended approval of the proposed conditional use permit revision, subject to several conditions. RECOMMENDATION A. Adopt the resolution on pages 14 and 15. This resolution approves revisions for the conditional use permit for the property at 2360 White Bear Avenue (Home Depot). The city is basing this approval on the findings required by ordinance and it is subject to the following conditions (deletions are crossed out and additions are underlined): 1 . All 60RStFLJ6t Shall ie-1 the site P that the 6ity stamped OetebeF 19, 1994. The d 1. All construction, uses and outside storage areas shall follow the site plan dated April 7, 2005, in the staff report as may be approved by the city council. This includes the location and size of the approved outside storage areas. The city will allow the outside sales and storage of trailers and landscaping materials with this revision. CitV staff shall approve the final layout for all outdoor sales and storage areas. The director of community development may approve minor changes to these plans. 2. The store shall use the outside storage and display within 239 days of the Council's approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. 4. This Dermit allows a waiver of the Darkina code to allow 172 fewer Darkinq spaces than uses. The city may require Home Depot to add more parking spaces or to reduce the amount of area used for outdoor sales and storage if the city determines that a parkir shortage has developed. 5. The property owner or store manager shall keep the site clean of all debris and garbage. This cleaning shall be done on a regular basis. All to prevent trucks and other large vehicles from damaging the curbing, the pedestrian ramp and the public sidewalk. REFERENCE ly111111 :8Q *Is]N12 111[a]. Site size: 12.54 acres Existing Use: Home Depot Store and associated parking SURROUNDING LAND USES North: Cub Foods Store South: Residential properties across Highway 36 East: Heather Ridge office complex West: Petsmart and White Bear Avenue PLANNING Land Use Plan Designation: BC (business commercial) Zoning: BC (business commercial) Criteria for CUP Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. See numbers 1 — 9 in the resolution beginning on page 14. let : Jgo I[a]k' IBLrdo We received the complete application and plans for this proposal on March 25, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 23, 2005 unless the applicant agrees to a time extension. p:sec11 \Home Depot CUP Revision - 2005 Attachments: 1. Letter dated April 7, 2005, from Home Depot 2. Location Map 3. Area Map 4. Address Map 5. Site Plan 6. April 7, 2005 memo from David Fisher 7. CUP Revision Resolution Attachment 1 2560 White Bear Avenue North - Maplewood, MN 55109 (612)770-9600 To: City of Maplewood From Greg Barker, Store Manager Home Depot 41280 ltc: Conditions] Use Permit Date'. April 7, 200' The Home Depot at 2360 White Bear Avenue would like to request the following Conditional I I'se Permit Storage Area fl A 5 0' x 50' permanent storage area on the north side of the building next to the nursery This area is fenced with a 12' chain link The sheds and tractors that we had on the front apron (if the store are now merchandised and stored in this area, Storage Area r«2 Permanent 20' a I O'(taking up 2 parking spaces) wooden gazebo located on the northeast corner of the parking lot The gazebo will be used as a cashier area For the outdoor garden center during its season from April to September and then used as a cart corral for the rest of the year. 0 Storage Area '-'r Permanent slatting area located near the southeast corner of the buildim). This area will be painted yellow (when the weather permits) and will hold lumber from the time it comes off the truck to the time that they bring it into the building. �f e Storage Area -4� 7clercharidisinc and display of trailers on the south edge of The Home Depot parking lot. This will use approximately 20 parking spots from April until October and than we will cart approximately 5-10 trailers or until they sell through for the season, • Storage Area 'r5: A 150 ' x 185 {taking up 100 parking spaces) storage area on thc northeast co-Ile- of the parktrit- lot, TIC , ares wdl be Fenced in and wrll hold over stock of bag goods such as topsoil, mulch, ect It will also have the u and live goods. This area will be during the garden season from April to September (Labor Day) and then will be taken down, • A 6' x 10' concession trailer located on the from apron of the store next to the entrance door. This area wilt be neat and clean and free from any clutter This is questionable to how long it will stay Correctly the Maplewood Home Depot has cleaned up the front apron of the store by removing the sheds, tractors, and the deck display. We have contacted Dave Fisher about the installation of a brick wall along the front apron of The store to hold lumber cans so that they are not in the parking lot and are kept Treat and clean. We have contacted Chuck U S A P,.d Spvn ., Attachment 2 �}tSAV LJtIVr1US't �5 Y°L••••• •••.° _.•.•. �d , 4 I 4i t " t _. z s t£ ... . ..... ....... . N 4V s � y . __ ... ° e4 .... .. GERVAI� 'J II�v + GS � Par ry � Co I � f g �}tSAV LJtIVr1US't �5 Y°L••••• •••.° _.•.•. �d , 4 I 4i t " t _. z s t£ 0 e Attachment 3 AREA MAP 10 Attach 4 ADDRESS MAP 11 4 N mem 5 Attachment 6 To: Ken Roberts, Planner From: David Fisher, Building Official ,<—" ...... Date: April 7, 2005 Subject: Home Depot CUP Revision Home Deport was built in 1995 under the 1988 Uniform Building Code with type II -RI construction, is fully fire-sprinklered and uses the unlimited area rules of the code. This code required a 60-foot setback from all sides of the building to the property line. The code language for this setback is the same in the current 2000 IBC, For the current proposal, the applicant shall: 1. Maintain all exits and keep them clear. Maintain a second exit out of the fenced garden center area. Verify that the Fire Marshal has approved the north exit through the fenced area. An accessible route is required for all public retail areas by Minnesota State Building Code, Chapter 1341 Accessibility, This requirement applies to both the interior and exterior seasonal retail sales areas, 4. A fence over 6 feet in height is a structure as defined by the 2000 IBC and would require a building permit. The code requires the fence to be designed for 90 mile per hour wind loads and the fence must meet the setbacks per the 2000 IBC Table 602, If there are any questions regarding these requirements please call me at 1351.249.2320. lig] Attachment 7 we] ki U7 I I[a]ki /eR1by:9:24N ��I1119NATI6y[a]ki 1:7 *Y6A1j1[a]ki WHEREAS, Gregg Barker, representing Home Depot, applied to the city for a conditional use permit revision for the existing Home Depot store at 2360 White Bear Avenue. WHEREAS, this permit applies to property located at 2360 White Bear Avenue. The legal description is: Lot 2, Block 1, Maplewood Retail Addition (PIN 11- 29 -22 -31 -0056) WHEREAS, the history of this conditional use permit is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve this permit. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the permit. 2. On May 9, 2005, the city council reviewed this proposal. 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 approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 14 8 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction, uses and outside storage areas shall follow the site plan dated April 7, 2005, in the staff report as may be approved by the city council. This includes the shall approve the final layout for all outdoor sales and storage areas. The director of communitV development maV approve minor changes to these plans. 2. The store shall use the outside storage and display within 239 days of the Council's approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. 4. This permit allows a waiver of the parking code to allow 172 fewer parking spaces than the code allows since there is adequate parking available for the existing and proposed uses. The city may require Home Depot to add more parking spaces or to reduce the amount of area used for outdoor sales and storage if the city determines that a parking shortage has developed. 5. The property owner or store manager shall keep the site clean of all debris and garbage. This cleaning shall be done on a regular basis. 6. The property owner or store manager shall work with the city engineering department on a plan for the protection of the city sidewalk and for the entrance driveway near White Bear Avenue. This plan may include the installation of bollards or other measures to prevent trucks and other large vehicles from damaging the curbing, the pedestrian ramp and the public sidewalk. The Maplewood City Council adopted this resolution on May , 2005. 15 9 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 18, 2005 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Eric Ahlness Absent Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Present Chairperson Lorraine Fischer Present Commissioner Michael Grover Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary Erin Laberee Staff Engineer b. Conditional Use Permit (CUP) Revision — Home Depot (2360 White Bear Avenue) (8:08 -8:25 p.m.) Mr. Roberts said Home Depot, located at 2360 White Bear Avenue, is requesting a conditional use permit (CUP) amendment to have additional exterior storage, display, sale and distribution of merchandise at their store. They now have a CUP for outside storage and display for the outdoor garden center located on the north side of their store. Home Depot is requesting an amendment to their CUP for a permanent addition on the northwest side of the exterior garden center for additional outdoor storage of merchandise. They also requested an amendment to their CUP to have four other areas on the property for the outdoor storage, display, sale and distribution of merchandise. Commissioner Trippler said if the commission approves this CUP, there is going to be 172 less parking spaces than what the city would typically require for a building this size. He thinks this is unacceptable. Home Depot may not be experiencing a parking problem because people are parking in the lot at Petsmart or at Cub Foods and walking into Home Depot. Chairperson Fischer asked the applicant to address the commission. Mr. Gregg Barker, Store Manager for Home Depot at 2360 White Bear Avenue, Maplewood, addressed the commission. Amy Campbell, Coordinator at Home Depot, was also present but did not speak. Mr. Barker described the different storage areas and what they would like to do at the Home Depot store according to his memo on page 7 of the staff report. He said their busiest time of the year is the Memorial Day weekend. Because of the heavy traffic, Home Depot hires an off - duty police officer to direct traffic and keep things moving along. Home Depot has additional personnel on staff that weekend to handle the additional customers. Otherwise, Home Depot has enough parking for their customers' needs. On a regular day the parking lot is typically no more than 75% full. Chairperson Fischer asked if anybody in the audience wanted to address the commission regarding this item and nobody came forward. Chairperson Fischer closed the public hearing. Commissioner Pearson moved to adopt the resolution on pages 14 and 15 of the staff report. This resolution approves revisions for the conditional use permit for the property at 2360 White Bear Avenue (Home Depot). The city is basing this approval on the findings required by ordinance and it is subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction, uses and outside storage areas shall follow the site plan dated April 7, 2005, in the staff report as may be approved by the city council. This includes the location and size of the approved outside storage areas. The city will allow the outside sales and storage of trailers and landscaping materials with this revision. City staff shall approve the final layout for all outdoor sales and storage areas. The director of community development may approve minor changes to these plans. 2. The store shall use the outside storage and display within 239 days of the council's approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. 4. This permit allows a waiver of the parking code to allow 172 fewer parking spaces than the code allows since there is adequate parking available for the existing and proposed uses. The city may require Home Depot to add more parking spaces or to reduce the amount of area for outdoor sales and storage if the city determines that a parking shortage has developed. 5. The property owner or store manager shall keep the site clean of all debris and garbage. This cleaning shall be done on a regular basis. 6. The property owner or store manager shall work with the city engineering department on a plan for the protection of the city sidewalk and for the entrance driveway near White Bear Avenue. This plan may include the installation of bollards or other measures to prevent trucks and other large vehicles from damaging the curbing, the pedestrian ramp and the public sidewalk Commissioner Dierich seconded. Ayes — Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Yarwood Nay — Trippler Commissioner Trippler voted nay because a 26% reduction in parking spaces is unacceptable to him for the amount of customers Home Depot receives and he believes customers are using parking spaces at Cub Foods and Petsmart as an alternative and walking to the store. Commissioners Pearson and Desai said when they shop in the area they haven't noticed a shortage of parking spaces and therefore had no problem voting for this proposal. The motion passed. This item goes to the city council on May 9, 2005. Agenda Item K.2 REPORT SUMMARY Applicant: Minnesota Mining and Manufacturing (3M) Site Address: 2350 Minnehaha Avenue Zoning: Light Manufacturing (M -1) Land Use: Light Manufacturing (M -1) City Council Hearing Date: May 9, 2005 60 -Day Deadline: May 17, 2005 Project Description: 3M proposes to construct an 83,000 square foot building to house a new leadership development institute (LDI) and a customer center. The building will be constructed on vacant 3M Campus property located south of Minnehaha Avenue, just east of Wells Fargo Bank. Requests: In order to construct the new building, 3M is requesting the following city approvals: 1. A conditional use permit (CUP) to construct a building closer than 350 feet to a residential zoning district. 3M proposes to construct their building within 325 feet of the residential zoning district located to the north of the site. 2. The vacation of two unused right -of -ways. 3. The vacation of an unused utility easement. 4. A parking reduction authorization. City code requires 433 parking stalls for this development. 3M proposes to construct 286 parking stalls and supply 147 proof - of- parking stalls for future development if needed. 5. Design review. Recommendations: The planning commission recommended approval of the conditional use permit and vacation of the street right -of -ways and utility easement at their April 18, 2005, meeting by a vote of 7 to 0 with one abstention. The community design review board recommended approval of the parking reduction authorization and design review at their April 26, 2005, meeting by a vote of 4 to 0 with one abstention. Staff recommends approval of the overall development. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: 3M Building No. 278 Leadership Development Institute/ Customer Center LOCATION: 3M Campus Vacant Land Located South of Minnehaha Avenue, east of the Wells Fargo Bank Building (new address will be 2350 Minnehaha Avenue) DATE: May 2, 2005 INTRODUCTION Project Description 3M proposes to construct an 83,000 square foot building to house a new leadership development institute (LDI) and a customer center. The building will be constructed on vacant 3M Campus property located south of Minnehaha Avenue, just east of Wells Fargo Bank. The LDI will be relocated to the new building from its existing site at 600 Carlton Street which is south and east of this property. The LDI is a conference center designed to serve 3M employees and other executives. The conference center will operate primarily during business hours with an occasional evening program. The customer center will consist of exhibition space with supporting displays, conference rooms, and dining facilities to serve as a marketing function for current and future 3M customers. The customer center will serve a limited population and operate primarily during business hours and occasional evenings. Requests In order to construct the new building, 3M is requesting the following city approvals: A conditional use permit (CUP) to construct a building closer than 350 feet to a residential zoning district. City code requires all buildings within the M -1 (light manufacturing) zoning district to maintain a distance of 350 feet to a residential zoning district. 3M proposes to construct their building within 325 feet of the residential zoning district located to the north of the site. 2. The vacation of two unused right -of -ways. 3. The vacation of an unused utility easement. 4. A parking reduction authorization. City code requires 433 parking stalls for this development. 3M proposes to construct 286 parking stalls and supply 147 proof - of- parking stalls for future development if needed. 5. Design review. Q 6.18111 :9 [a].I Conditional Use Permit As stated above, a CUP is required for this development due to the fact that the building would be constructed closer than 350 feet to a residential zoning district. Properties to the north, across Minnehaha Avenue, are zoned residential. According to city code when there are two distinct zoning districts located across a street, the residential zoning district' begins at the centerline of the street. The site has several development challenges that limit where 3M may build. These include an existing sanitary sewer line which runs along the south side of the site and a wetland on the south extending to the northeast corner of the site. In order to maintain the required setbacks from the sanitary sewer and wetland, the building will have two areas that encroach onto the required 350 foot setback to the adjacent residential zoning district. These include the wing wall of the loading dock and the entry canopy. The wing wall will come within 325 feet and the canopy will come within 340 feet of the centerline of Minnehaha Avenue. City code states that the city council may grant a CUP subject to nine standards for approval as outlined in the CUP resolution attached (Attachment 13). The planning commission has determined that the 3M proposal meets the nine standards and has recommended approval of the CUP during their April 18, 2005, meeting. Vacations Street Right -of -Ways There are two 33- foot -wide right -of -ways located on the property. One is running east/west (Margaret Street) and the other is running north /south (Meyer Avenue). In order to develop the site, 3M is requesting these right -of -ways be vacated. The right -of- ways are not serving a public interest today or in the future, and therefore the city should vacate these to allow 3M to develop this site. Utility Easement There is a 20- foot -wide utility easement which runs east /west along the south side of the site. There is sanitary sewer located within the utility easement. Approximately 200 feet of the sanitary sewer line does not follow the easement alignment. For this reason, the city should vacate the portion of the easement which does not have the sanitary sewer line and require 3M to redirect and rededicate a new utility easement to the city. Parking Reduction City code requires one space per 200 square feet of office space. The LDI building requires 433 parking spaces. 3M's parking reduction authorization statement (Attachment 5) states that the city code parking space requirement exceeds the number of vehicles that can be reasonably expected. 3M feels that 286 cars would be the maximum number anticipated in any given time. They also state that many of the visitors to the site will first be visiting the main campus, just to the south, and will be shuttled to the site by 3M's internal shuttle system. City staff feels that 3M has a good handle on the number of parking spaces needed for this development, particularly since 3M has been offering the LDI service at the 600 Carlton building for quite some time. However, in the event of future parking demands, 3M is also showing 147 proof -of- parking spaces on the project plans. The city should support parking reduction authorizations when warranted to allow for more green space on a site and lessen storm -water runoff. This is particularly important when the site is adjacent a wetland such as this. Traffic Several neighbors expressed concerns over additional traffic on Minnehaha Avenue with the development of the LDI /Customer Center building. 3M states that traffic on the site will be reduced by the reduced number of parking spaces. In addition, the facility will serve a limited population and operate primarily during business hours with occasional evening activities. In order to ensure the use would not create traffic congestion, Erin Laberee, Maplewood Civil Engineer, states in her engineering memorandum (Attachment 12) that 3M should conduct a traffic study to analyze trip generation for the proposed and future development on the site. In addition, 3M should install two right -turn lanes into the two driveway entrances. Since Ms. Laberee's report, 3M has contracted with Kimley -Hom and Associates to complete a traffic impact analysis for the development. The traffic impact analysis should be complete by the scheduled May 9, 2005, city council meeting. A representative of Kimley -Horn and Associates will be in attendance at the meeting to address any traffic - related issues as necessary. Design Review Site Plan The parking lot will be constructed 40 feet to the Minnehaha Avenue right -of -way (15 feet is required by code). This is 60 feet from the actual paved portion of the road and approximately 106 feet from the closest residential structure across the street. To help alleviate negative impacts caused by vehicle headlights onto the residential properties, 3M proposes to construct a 4- foot -high berm in front of the parking lot, with landscaping on top. The parking spaces will be designed to face east/west, instead of north /south which could cause headlight glare onto the residential properties across the street. And finally, the easterly driveway will line up with the new Crestview Court cul -de -sac and the westerly driveway will line up between two residential properties to ensure vehicle headlights do not glare into the homes. The parking lot and building will be constructed 200 feet from the westerly property line, adjacent the Wells Fargo Bank property. City staff inquired about the possibility of 3M shifting the building to the west toward Wells Fargo, which would allow 3M to utilize one existing driveway currently shared with Wells Fargo and reduce the impacts to the small wetland which needs mitigating. 3M states they have future development plans for this area to include a 20 -unit residential facility to house out -of -town guests attending the LDI. Since Minnehaha Avenue is a county road, the county public works department has indicated that any future development to the west of the new building must be accessed through the shared driveway with Wells Fargo or one of the two proposed driveways with this development. There is a loading dock proposed on the west side of the building which will be used for trash and recycling pick up and deliveries with box -style vans (i.e., UPS truck). Only on rare occasions will this use require large loading and unloading services and therefore should not pose a nuisance to the homes to the north, all of which will be located over 383 feet from the dock itself. One of the concerns expressed by neighbors during the planning commission meeting was the safety of pedestrians. During the meeting the planning commission added a condition of CUP approval to include the installation of a sidewalk or trail along Min nehaha Avenue. After review of this condition by the city's engineering department it has been determined that an 8- foot -wide bituminous trail should be installed from the western property line (shared property line with Wells Fargo Bank) to the eastern edge of the development. Wetland /Shoreland District The large wetland to the south of the building site is classified as a Class III wetland in the city's wetland ordinance. The required wetland buffers are a 50 -foot average, and a 25 -foot minimum. The wetland is also classified as a Class I water in the city's shoreland ordinance. The required setback from the ordinary high water mark for this class of water is 50 feet. The maximum amount of impervious surface allowed by code is 50 percent. 3M's LDI building is proposed with an average 100 -foot setback, with only one area of the building coming within 50 feet of the wetland and /or the ordinary high water mark. The total disturbed area for this development is 11.8 acres. Of that 3M proposes 5.2 acres (44.1 percent) of impervious surface including parking lot and building. The development will also require the filling of a small wetland which is located in the center of the proposed parking lot. 3M proposes to mitigate this wetland at a 2:1 ratio on site. Ramsey/Washington Metro Watershed District will review 3M's wetland mitigation plan in May or June, after they can verify the wetland delineation. Tina Carstens, Permit Program Coordinator with the Ramsey/Washington Metro Watershed District, states that the watershed district staff is comfortable with 3M's wetland impact statements and delineation detailing. A condition of city approval must also include watershed district approval for the development. Tree Preservation /Landscaping The city's tree preservation ordinance requires that a commercial development replace all large trees removed from the site at a ratio of one to one, but in no case does a developer have to replace more than ten trees per acre. A large tree is defined as an 8- inch caliper tree, measured at a 4 -foot trunk height, excluding box elders, poplars, and other nondesirables as determined by the city. 3M conducted a tree survey of the 11.4 - acre site and found 94 large trees (17 ash and 77 oak). With the development 3M is proposing to remove 36 large oak trees. City code would require 3M to replace all 36 E trees; 3M's landscape plan proposes 92 trees on the site which exceeds this requirement. However, 3M should take measures to ensure the protection of all large trees on the site where possible. In addition to the 92 trees, the proposed landscape plan includes 202 shrubs, 1,275 perennials, and native grasses and wildflower plantings. The plant materials proposed will be attractive; however, 3M should address two issues in a revised plan. First, additional landscaping (both trees and shrubs) should be planted on the berm in front of the parking lot to ensure the parking lot is screened from view of the residential properties across the street. Second, a row of evergreen trees should be planted along the west side of the loading dock driveway to ensure the dock is screened from view of the residential properties across the street. Building Elevations The north fagade of the building, facing Minnehaha Avenue, is one story in height. This is the public side of the structure and serves as the main entrance. The site will be graded to expose a two -story fagade on the south fagade of the building, facing the wetland. The exterior materials proposed for all elevations include brick, prefinished metal panels, and windows. City staff finds the overall building elevations to be attractive. Lighting 3M proposes 22 freestanding lights within the parking lot. These downcast lights will be mounted on 24.5- foot -high poles. City code allows for a maximum light illumination at all property lines of .4 foot candles. The lighting plan submitted by 3M reflects the light illumination from the parking lot lights exceeding this requirement, with a light illumination of zero at the front property line. The community design review board expressed concern about the number and style of lights proposed during their review of the development. As such, the community design review board added a condition of design review approval which states that 3M will review the lighting plan with city staff for the light standards, height, and luminary fixtures to ensure the plan meets the city's lighting requirements and does not pose a nuisance to the surrounding residential properties. OTHER COMMENTS Police Department: Lieutenant Dave Kvan states that there are no public safety concerns with the proposed development. Fire Department: Butch Gervais, Fire Marshal, had the following comments in regard to the development: 1) fire protection system shall be installed according to state and local codes (sprinkler system); 2) fire alarm system shall be installed per state and local codes; 3) emergency access road of 20 feet wide shall be provided; 4) if there are any storage areas with hazardous materials they must be properly marked. Building Department: Dave Fisher, Building Official, had the following comments in regard to the development: 1) the building setbacks must comply with the 2000 IBC for exterior wall protection; 2) a complete building code analysis will be required when plans are submitted for permits; 3) provide fire department access; 4) the buildings are required to be fire sprinklered; 5) retaining walls over four feet in height require engineering and a building permit; 6) a pre - construction meeting with the building department is recommended. Engineering: The city's engineering department and the Ramsey County Engineering Department reviewed 3M's proposal for grading /drainage and traffic issues. Erin Laberee, Civil Engineer with the City of Maplewood, outlines the two engineering department's comments in the attached memorandum dated April 12, 2005 (Attachment 12). COMMITTEE ACTIONS The planning commission recommended approval of the CUP, vacation of the street right -of -ways, and vacation of the utility easement at their April 18, 2005 meeting (Attachment 16). The community design review board recommended approval of the parking reduction authorization and design review at their April 26, 2005 meeting (Attachment 17). RECOMMENDATIONS Approve the conditional use permit resolution attached (Attachment 13). This resolution approves a conditional use permit for a building to be constructed closer than 350 feet to a residential zoning district within a light manufacturing zoning district. The building will be constructed within 325 feet of a residential zoning district on vacant 3M Campus property (future address to be 2350 Minnehaha Avenue). Approval is subject to the following conditions (changes made to the conditions during the April 18, 2005 planning commission meeting are underlined): a. The city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right -turn lanes. Consideration should be given to install a sidewalk or a trail along Minnehaha Avenue for the safety of pedestrians. b. All construction shall follow the plans date - stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. C. The proposed development 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. d. The proposed development must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. e. The city council shall review this permit in one year. 2. Approve the street vacation resolution attached (Attachment 14). This resolution approves the vacation of two unused street right -of -ways located within the 3M Campus property (Meyer Avenue [north /south street right -of -way] and Margaret Street [east /west street right -of- way]). 3. Approve the utility easement vacation resolution attached (Attachment 15). This resolution approves the vacation of a portion of the existing utility easement located within the 3M Campus property. Approval is subject to the applicant dedicating a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. 4. Approve the parking reduction authorization for the proposed 3M Leadership Development Institute /Customer Center building located on vacant 3M Campus property (future address to be 2350 Minnehaha Avenue). This reduction will allow the property owner to have 286 parking spaces (147 fewer than the city code requires) for the following reasons: a. The parking requirements for office buildings such as this are generally excessive. b. Fewer parking spaces would preserve green space and lessen storm runoff. C. The applicant has reserved space to add 147 parking spaces should the need arise. 5. Approve the plans date - stamped March 18, 2005, for the 3M Leadership Development Institute /Customer Center building located on vacant 3M Campus property (future address to be 2350 Minnehaha Avenue). Approval is subject to the following conditions (changes made by the CDRB during their April 26, 2005, meeting are underlined and deletions are stricken): a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised engineering and grading plans. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the potential installation of two right -turn lanes. The traffic analysis shall determine the need for turn lanes and /or the need for a one way in or one way out. In addition, the applicant shall include an 8- foot -wide bituminous trail along Minnehaha Avenue, extending from the western property line to the eastern edge of the development as determined by the engineering department. The grading plan must also reflect measures taken to ensure the protection of all large trees on the site where possible. 2) Revised landscape plan. The plan should include additional plantings (to include evergreen trees at least 6 feet in height, deciduous trees at least 2 '/2 caliper inches in size, and shrubs) on top of the berm in front of the parking lot to ensure the parking lot is screened from view of the residential properties across the street. The plan should also include a row of evergreen trees to be planted along the west side of the loading dock driveway to ensure the dock is screened from view of the residential properties across the street. The plan should also specify the wildflower mix to meet MnDOT standards and ensure no thistle within the mix. C. Obtain a permit from Ramsey County for construction on county right -of- way for the driveway access, utility work, and sidewalk. d. Watershed district approval. e. To ensure the building does not straddle a property line, the applicant must submit proof -or documentation that 3M has initiated the process with the Ramsey County Property Tax office to combine the two lots are combined for tax and identification purposes. 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. g. Review the lighting plan with city staff for the light standards, height, and luminary fixtures to ensure the plan meets the city's lighting requirements and does not pose a nuisance to the surrounding residential properties. h. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas except the rainwater gardens and native planting areas 4) Install all required outdoor lighting. 5) Install the required sidewalk or trail along Minnehaha Avenue. 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. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. CITIZEN COMMENTS Staff surveyed the 62 surrounding property owners within 500 feet of this site for their comments. Of the 62 surveys sent, one property owner responded by mail and three property owners responded by telephone with the following comments: Roger Vanderhoff, 2300 Stillwater Road (responded by mail): 'Let them build." 2. Peggy Auchter, 2375 Minnehaha Avenue (responded by telephone): Ms. Auchter expressed concern about the location of the parking lot across the street from her home, the added traffic onto Minnehaha Avenue, and the need for 3M to address drainage issues associated with an existing culvert located in her front yard, running under Minnehaha Avenue to the development site. 3. Robert Rubbelke, 2369 Minnehaha Avenue (responded by telephone): Mr. Rubbelke expressed concern about added traffic onto Minnehaha Avenue and the need for 3M to address drainage issues associated with an existing culvert located in his front yard. 4. Chad Robinson, 2315 Minnehaha Avenue (responded by telephone): Mr. Robinson indicated that he was under the impression that 3M was able to purchase the old drive -in movie theater site on the condition that they never develop the land, and was therefore surprised at the proposal. Mr. Robinson also expressed concerns over the resurfacing of Minnehaha Avenue, which took place a few years ago, the need for additional landscaping /screening on the west side of the loading dock, and the added traffic. 10 REFERENCE SITE DESCRIPTION Site size: 11.8 Acres Existing Use: Vacant Land SURROUNDING LAND USES North: Single Family Homes South: 3M Pond and 3M Campus East: Vacant 3M Campus Property and Single Family Homes Beyond West: Wells Fargo Bank PLANNING Land Use Plan Designation: Light Manufacturing (M -1) Zoning: Light Manufacturing (M -1) Criteria for Approval Conditional Use Permit Article V, Sections 44 -1091 through 44 -1105 states that the city council may grant a CUP subject to the nine standards for approval noted in the attached conditional use permit resolution (Attachment 13). Public Right -of -Way Vacation Minnesota Statutes, Section 412.851 states that the council may by resolution vacate any street right -of -way on its own motion or on petition of a majority of the owners of land abutting the right -of -way. When there has been no petition, the resolution may be adopted only by a vote of four -fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by a two -week published and posted notice. Public Sewer Easement Vacation There are no formal criteria for approval of a public sewer easement vacation. However, the vacation of the easement should be in the best interest of the public at large. Design Review Section 2 -290 of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not 11 impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Application Date We received the complete application and plans for this proposal on March 18, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 17, 2005, unless the applicant agrees to a time extension. P: \com- dev \sec36 \3m \building 278 \5 -9 -05 CDRB memo Attachments: 1. Location Map 2. Zoning Map 3. Conditional Use Permit Statement 4. Design Submittal Narrative 5. Parking Reduction Authorization 6. Site Plan 7. Grading Plan 8. Landscape Plan 9. Elevations 10. Floor Plan — First Floor 11. Floor Plan — Second Floor 12. Engineering Plan Review 13. Conditional Use Permit Resolution 14. Street Vacation Resolution 15. Utility Easement Vacation Resolution 16. Planning Commission Minutes 4 -18 -05 17. Community Design Review Board Minutes 4 -26 -05 12 Attachment 1 ° fl V o C3� - o • O W e5 Q 0 o O o o New Cul -de -Sac CrestvewCf. o Union Cemetery a EL 0 0 e u p O � fl h] a ❑. a0 � o da a O�odoo � 00 eargo a wank ° u � e Proposed New 3M Leadership u ° Development Institute /Customer o ©o •© Center Building o a 3M Pon Location of Existing 3M d o r Q Leadership Development ry 4 � o Institute 600 Carlton St.. o L o Q °. � Cl••o qo vo 3M Campus El 0 } a G o ra b& a o 0 onwa venue mo o❑ I I r� oo � � a N Location Map A Attachment 2 U N Zoning Map A Heavy Manufacturing Attachment 3 B W B R Leadership Development Institute/ ARCHITECTS Customer Center 3M Building 278 Commission No. 2004.160.00 February 25, 2005 Conditional Use Permit Statement A. Screen wall and Canopy 1. City of Maplewood Zoning Ordinance section 44-637 requires that the proposed structure be located no closer than 350' -0" from the adjacent residential zoning district located on the north side of Minnehaha Avenue. Strict enforcement of this provision will cause undue hardship due to the location of an existing sanitary sewer pipeline and associated easement on the south side of the structure. As currently designed, the proposed mechanical equipment screen wall and automobile drop -off canopy located on the north facade will infringe upon the required setback by approximately ten feet. Allowing the setback requirement relative to these elements to be waived will not violate the spirit and intent of the zoning ordinance setback requirements because the screen wall in question is provided to minimize the visual and acoustic impact of mechanical and electrical equipment and the canopy does not enclose habitable space. Attachment 4 B W B R Leadership Development Institute/ ARCHITECTS Customer Center 3M Building 278 Commission No. 2004.160.00 February 25, 2005 Design Submittal Narrative The 3M LDI /CC facility is an 83,000 sf building housing two independent functions. The Leadership Development Institute is a conference center located on two stories on the east side of the building. The LDI houses conference rooms of several different sizes and two larger assembly halls, seating. Also included is a cafeteria and commercial kitchen seat in approximately 150. This facility will serve 3M employees primarily during business hours with an occasional evening program The Customer Center consists of an exhibition space with supporting display, conference, and dining facilities. This one story portion of the building is located on the west side of the building and serves a marketing function for current and future 3M customers supported by a limited staff of permanent 3M employees. This facility will serve a limited population and operate primarily during business hours with occasional evening activities. The north facade of the building, facing Minnehaha Avenue, is one story in height. This is the public side of the structure and serves as the main entrance. The service dock and exhibition hall service entry are located near the northwest corner of the building. The exterior materials of this facade are brick and metal panel, with glass fenestration. The site is graded to expose a two story facade on the south facade of the building, facing "3M pond." This side of the building is finished with brick and metal panel and features large areas of glass fenestration allowing views of the pond and outdoor patio spaces. The building is designed to eliminate as much exterior mechanical equipment as possible. Mechanical system chillers and the building transformer and emergency generator are located on the north side of the building adjacent to the delivery dock and are screened by a wall. Any rooftop mechanical equipment will be screened. Attachment 5 B W B R Leadership Development Institute/ ARCHITECTS Customer Center 3M Building 278 Commission No. 2004.160.00 February 25, 2005 Parking Reduction Authorization A. Parking Count 1. City of Maplewood Zoning Ordinance section 44-17 requires that one parking space be provided for every 200 square feet of an office building. Strict enforcement of this provision would require that approximately 433 parking spaces be provided. This quantity exceeds the number of vehicles that can be reasonably expected; therefore, it is proposed that parking be provided for 286 cars, which is the maximum number of vehicles anticipated. The site design does allow for additional parking spaces to meet the quantity mandated if necessary. A reduction to the quantity requirement relative to the parking count will not violate the spirit and intent of the zoning ordinance because providing parking based upon actual need will minimize the impact of the parking upon site and increase the open area and green space. \-J U Q Pd RKINC COUNT )86 P/II i STAI 15 117PkOC I P P PA RAIN; ITA I IS 4 3TOTII PA RKNC COUNTS' FOR 15Tq I I PR ni4E IAMPERViCt 50 RECL ',I IT 114 SI IORELAND AR EA T0TII DISTURO11 AR64 IITF3?AT 0R 11.D Ill IMPERVIOUS AREA 2O -CII1 FOR 51 A, , PERCENT IMPERVIOUS OP TOTAL ol9Tj?BED AREA ' I.1 ^ M SSA 42 — am-NUIP m �v , -- I i k j i i i IF ir ten I I I . = V �� AA, It il 1, ',. AND J 589 3425 131201— MARGARET STREET (TO BE VACATED) (PS Uin .1.1 .1 AI Gmatary) 7 m ry 1. = LL /J Pd RKINC COUNT )86 P/II i STAI 15 117PkOC I P P PA RAIN; ITA I IS 4 3TOTII PA RKNC COUNTS' FOR 15Tq I I PR ni4E IAMPERViCt 50 RECL ',I IT 114 SI IORELAND AR EA T0TII DISTURO11 AR64 IITF3?AT 0R 11.D Ill IMPERVIOUS AREA 2O -CII1 FOR 51 A, , PERCENT IMPERVIOUS OP TOTAL ol9Tj?BED AREA ' I.1 ^ M D . L� 1 1 X AT jll� I ® Call E T A N D E � G r .nom • �7 ^% i 14 / D / 1 ' - T PClimina tl ng Drainage an] Lro sion loa coro-ol wary ' �� 311, 111 CC I .� I;,( rFner,� y I I' %, & M11, Kr� Z""7-7- ,Ll WY I .� I;,( rFner,� y I I' %, & M11, Kr� Z ^ r W i U N Q 8 ] 6 5 6 3 2 1 E LM-M= 1 I I ILL ju _ Ea^*� r : r _ — _ _ — �n _ ____— ___— . __ski C C nee —gym A A VP IUNS 8 ] 6 5 4 3 2 1 20 O. I ! O No- VVY � "0 Y KK LL I ! O No- VVY � "0 Y KK LL r �Y ^ W r � i U N if 8 ] 6 5 6 3 2 1 H H b x h 3 O �ab °�@ R Cel db G," c� � ot ab is Q o a•� 10 b , a a OVERALL PLAN SECOND R I trN 94 RIA 278 A 1K 8 5 5 4 Attachment 12 Engineering Plan Review PROJECT: 3M Leadership Development Institute PROJECT NO: 05 -12 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: April 12, 2005 3M is proposing to develop some vacant property within their campus. There are several wetlands on the 3M property. The developer is proposing to fill in one of the wetlands and provide mitigation at the south end of the site. A series of rainwater gardens and ponds are proposed to treat runoff from the site. The developer and the project engineer shall address the following issues. Grading & Erosion Control 1. The project plans shall show inlet protection devices at all inlets. 2. The city, Ramsey Washington Metro Watershed District, and MPCA (new NPDES Construction Permit) all require grading permits. 3. The bottom contours of the rainwater gardens shall be shown on the plans. Drainage The developer and engineer have proposed several ponds and rainwater gardens to treat runoff from the site. Depressed parking lot medians have been designed as rainwater gardens to treat runoff from the parking lot. A four cell pond has been designed on the west side of the site for additional treatment and storage. These are good best management practices designed to capture sediment and treat pollutants from the parking lot. The applicant shall address the following drainage issues. 1. The applicant is proposing several ponds and rainwater gardens to treat runoff from the sight. For any ponding area to function as a rainwater garden the normal water level shall be no deeper than 2 feet. Rainwater garden 4 shall include a rock sump if it is intended to function as a rainwater garden. Any ponding area intended to function as a pond must meet NURP standards and include a 10 foot safety bench. 2. The project plans shall show a detail of how the contractor is to construct the rainwater gardens. Maplewood's standard plate No. 115 is an example of how rainwater gardens may be constructed. The project engineer shall provide a detail and description in the plan of how the contractor will prepare the rock sumps. Additional information on rainwater garden design is available on the city's website at ww w.ci.maplewood .m n .us . The drainage calculations do not indicate that runoff from the site is restricted to predevelopment conditions. The engineer shall revise the proposed drainage system to restrict flow from the site to predevelopment rate and volume conditions. 4. There are several inconsistencies between the HydroCAD model and the storm sewer on the plans. The engineer shall submit revised drainage calculations that reflect the proposed storm sewer. The necessary revisions are listed below: a. The outlets from rainwater gardens 3, 4 and 5 and pond 3 need to be revised. b. The outlet from rainwater garden 1 shall be directed into rainwater garden 5, not 2 as is currently shown on the Hydro CAD model. Any changes made to the HWL shall be reflected on the plans. c. All drainage areas to the proposed ponds shall be accounted for in the Hydro CAD model. Part of subcatchment 3 drains to rainwater garden 4. A grass area south of the parking lot and building drains to rainwater garden 4 also. The drainage area west of ponds 1, 2, 4, and 5 shall be accounted for in the drainage calculations. 5. The applicant shall submit the soils report for the proposed development. 6. Catch basin 7 shall include a 2" sump to collect sediment from the parking lot. The developer shall enter into a maintenance agreement with the city for the annual maintenance and cleaning of the sump structure and rainwater gardens. The maintenance agreement will also require the developer to establish and maintain the native and wetland seed areas for three years after seeding has occurred. 8. Permanent soil stabilization blanket (Enkamat) shall be installed at all areas where concentrated flow will occur. The areas downstream of the concrete flumes, the area just south of the flat curb (east of the building) and the outlet to pond 3 and rainwater garden 4 shall be protected with stabilization blanket. 9. The existing culverts under Minnehaha shall be connected to the proposed storm sewer at a manhole connection. 10. The applicant is proposing a rainwater garden over the existing sanitary sewer. The engineer shall revise the rainwater garden such that the normal water level does not encroach into the sanitary sewer easement. 11. The proposed pond outlet design is prone to clogging. It may be difficult to maintain the outlet structure as it is currently designed. It is recommended that the outlet structure be designed to allow for maintenance activities and reduce the potential for clogs. 12. Several areas of flat curb located at the south end of the parking lot will allow runoff to sheet off the parking lot and onto the sidewalk and an outdoor area. It is recommended to redirect runoff to prevent it from sheet draining across the sidewalk and outdoor area. Utilities 1. The applicant shall vacate the portion of the existing utility easement that does not include the existing sanitary sewer. The utility easement shall be rededicated to follow the current sanitary sewer alignment. 2. The proposed 4' sanitary service connections seem undersized. The applicant shall verify that 4' services are adequate to serve the facility. Traffic 1. Ramsey County has indicated to the city the need for additional turn lanes on Minnehaha Avenue. The developer shall mitigate additional traffic on Minnehaha Avenue with the addition of right turn lanes into the proposed development. 2. The city and Ramsey County realize the need to restrict access connections onto Minnehaha Avenue. No additional access connections onto Minnehaha Avenue will be allowed for the entire site. The developer must accommodate any future development on site through the two proposed access connections or the existing Wells Fargo driveway. 3. Several residents have expressed their concern that the proposed 3M development will create additional congestion on an already busy Minnehaha Avenue. The developer shall conduct a traffic study to analyze trip generation for future and proposed development, peals traffic hours, and the affect of additional right turn lanes on Minnehaha Ave. Misc. The applicant shall submit plans to Ramsey County and obtain a right of way permit for the proposed water main connection and access connection to Minnehaha Ave. Attachment 13 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M), applied for a conditional use permit to construct a building closer than 350 feet to a residential zoning district. WHEREAS, this permit applies to 2350 Minnehaha Avenue. The legal description is Tract B, Registered Land Survey No. 524, Ramsey County Minnesota; and the Northeast Quarter of the Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County Minnesota. WHEREAS, the history of this conditional use permit is as follows: On April 18, 2005, the planning commission held a public hearing and recommended approval of this permit. City staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On May 9, 2005, the city council approved this permit. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. -2- 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 city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right -turn lanes. Consideration should be given to install a sidewalk or a trail along Minnehaha Avenue for the safety of pedestrians. 2. All construction shall follow the plans date - stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. 3. The proposed development 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. 4. The proposed development must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 2. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on Attachment 14 STREET VACATION RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of an unused street right -of -way in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the street right -of -way to be vacated is as follows: Those parts of Meyer Street (formerly known as Meyer Avenue) and Margaret Avenue (formerly known as Margaret Street) lying within the North 900.00 feet of the West 1400.00 feet of the Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, as dedicated by the plat of Ascension Cemetery, said Ramsey County Minnesota, and lying southerly of the north 33.00 feet of said Northwest Quarter and easterly of the west 76.50 feet of said Northwest Quarter. WHEREAS, the history of this vacation is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 3. On May 9, 2005, the city council approved the public vacation. The city council 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 Minnesota Mining and Manufacturing (3M) for the above - mentioned property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation for the following reasons: 4. It is in the public interest. 5. The street right -of -way is unused. 6. The street right -of -way is not needed for the proposed leadership development institute and customer center building development. The Maplewood City Council adopted this resolution on 2005. Attachment 15 UTILITY EASEMENT VACATION RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of a portion of a sewer easement in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the utility easement to be vacated is as follows: Commencing on the east property line of the Ascension Cemetery at a point 321.0 feet south of the centerline of Minnehaha Avenue, which centerline is also the north section line of Section 36, Township 29 North, Range 22 West; thence westerly on an azimuth of 270 degrees, a distance of 332.0 feet; thence bearing southwesterly 226 degrees 38 feet, a distance of 154.88 feet; thence bearing southwesterly 246 degrees 49 feet, a distance of 19 3.96 feet; thence bearing southwesterly 260 degrees 55 feet, a distance of 132.8 feet; thence bearing southwesterly 269 degrees 35 feet, a distance of 371.60 feet; thence bearing southwesterly 238 degrees 14 feet, a distance of 121.85 feet; thence bearing southwesterly 269 degrees 34 feet, a distance of approxi8mately 174.18 feet to the west property line of the Ascension Cemetery and there terminating, all in the Northwest Quarter of Section 36, Township 29 North, Range 22 West, Ramsey County, according to the U.S. Government Survey thereof on file and of record in the office of the Register of Deeds in and for said county. WHEREAS, the history of this vacation is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 7. On May 9, 2005, the city council approved the public vacation. The city council 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 Minnesota Mining and Manufacturing (3M) for the above - mentioned property. 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 utility easement is unused. 3. The utility easement is not needed for the proposed leadership development institute and customer center building development. -2- Approval is subject to the following condition: The applicant must dedicate a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. The easement must be recorded with the county prior to issuance of a building permit. The Maplewood City Council adopted this resolution on 2005. /GUMS 1'TTefiUM111 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 18, 2005 V. PUBLIC HEARING a. 3M Building 278 — Leadership Development Institute and Customer Center (Minnehaha Avenue) (7:03 — 8:07 p.m.) Right of way Vacations, Utility Easement Vacation, Conditional Use Permit Mr. Roberts said 3M proposes to construct an 83,000- square -foot building to house a new leadership development institute and a customer center. The leadership development institute will consist of two conference centers created for leadership training. The customer center will consist of exhibition space and will serve as a marketing function for current and future 3M customers. The building will be constructed on vacant 3M Campus property located south of Minnehaha Avenue, just east of Wells Fargo Bank. Commissioner Pearson asked if there had been any further discussion regarding the 4m sanitary service connection being undersized? Ms. Laberee`s microphone wasn't working, so we couldn't hear her response to the question. Mr. Roberts said it's up to 3M to verify if the 4m sanitary service connection is adequate or not, and if it isn't, 3M would have to change the plans. Commissioner Trippler asked if the city was asking 3M to install another right turn lane off Minnehaha Avenue and if it's a right -turn in could there be a no left -turn out restriction? Mr. Roberts said he was referring to the turn lanes where the shoulder would be widened so the cars would be directed out of the line of traffic. Mr. Roberts didn't believe a proposal was made to restrict left turns, but that is something the city would like to see in the traffic study. Commissioner Dierich asked if there were any future plans to widen Minnehaha Avenue for additional vehicle traffic, and if so, in order to increase the road width would the property width come from the 3M property or the residents across the street? Mr. Roberts said that would not be a decision made by the city, it would be a county decision, but his guess would be the county would try to get as much property from 3M since that would be an easier solution compared to trying to obtain property from the residential side of the road. However, Dan Solar with Ramsey County did not indicate a need to widen the road at this point, and he believed the turn lanes would help the traffic flow. Commissioner Trippler said there is a 350 -foot setback from commercial to residential and he understands it is 325 feet to the center of the road which means there is no residential structure within 350 feet. Planning Commission -2- Minutes of 04 -18 -05 Mr. Roberts said correct. The 325 feet is measured to the center line of Minnehaha Avenue along with 30 feet of right -of -way and a 20 or 30 foot setback for the homes from the right -of -way, so the closest home might be 375 to 380 feet away. Chairperson Fischer asked the applicant to address the commission. Mr. Dean Hedlund, Project Manager for 3M, addressed the commission. Mr. Hedlund had no questions or comments for the commission. Planning Commissioners did not have any questions for the applicant, so the chair opened the public hearing discussion up to the neighbors. The following residents spoke regarding the 3M Building 278 proposal. Ms. Peggy Auchter, 2375 Minnehaha Avenue, addressed the commission. Ms. Auchter was upset that the map that was mailed out to the residents in the area was very different from the map that was presented tonight. Her map shows the development would be about a block long, and in reality, it will be three blocks long. Most of the people in the community are not aware of the size of this development so they did not bother to come tonight. This is very deceitful and she is not happy with receiving incorrect information. Secondly, she said she has a culvert in her yard and she lives across the street from this proposal. The foundation for her home was built about ten years ago when the home was moved there. The home was flooded out and the city put the culvert there to help with the drainage there. She purchased the home after the fact. She wants 3M to guarantee that her home and yard is not going to flood. 3M is changing the structure and she is concerned where all the water is going to run off. When she brought this fact to Shann Finwall's attention, Shann said she didn't know there was a culvert in her front yard. Ms. Finwall called her back indicating that she had verified with the city's engineering department that the culvert wouldn't be disturbed. However, not disturbing the culvert and putting up four foot berm doesn't guarantee water runoff onto her property, and that is her first concern. Her second concern is the traffic. She said that Dan Solar of Ramsey County said that Minnehaha Avenue is due for expansion. Between Carlton Avenue and Highway 120 there are 11,000 vehicle trips per day. From Minnehaha Avenue to Carlton Avenue, there are 8,000 vehicle trips per day. That is an additional 3,000 cars a day from 3M, and to her that is massive traffic. They are talking about widening the street and putting in a third lane. You have to deal with Ramsey and Washington County as well as the cities of Maplewood and Oakdale to expand the road at the intersection at Century Avenue. Construction to that area is not going to happen for five to ten years, so putting additional traffic on these streets is definitely going to cause additional concern. Ms. Auchter said she is also concerned about the pond and the pond 3M is going to fill in. She asked if this was a protected wetland, and she was told it is but she was told 3M was going to do a two - for -one exchange for the pond. Planning Commission -3- Minutes of 04 -18 -05 Ms. Auchter asked if the wild animals know this pond is going to be filled in, are the wild animals going to know where to go when the pond is filled in. Also, how much of the pond is going to be filled in, nobody is answering that. Regarding the trees. Ms. Auchter said a block away is four acres of land called Cahanes Estates where all of the trees were to remain on the outside perimeter, but they wiped out four acres of trees and the property has been sitting vacantfor over a year. 3M is wiping out trees and replacing those trees with 92 new trees. She understands 3M has the right to develop their property, however, the residents have a right to be protected and it's the City of Maplewood`s job to protect the residents. Ms. Auchter said the law states you can't build within 350 feet. Why is 3M being allowed a 25- foot variance? She said 3M should make the building smaller then. Ms. Auchter said there are no sidewalks along Minnehaha Avenue. This doesn't mean there aren't any pedestrians in the area. People that catch the city bus have to walk to McKnight Road, and many school children catch the bus on Minnehaha Avenue. There are many traffic issues in this area. Putting up a four -foot berm doesn't stop headlights from shining into people's homes. Mr. Roberts said regarding the 350 foot rule, the code says if a building is proposed within 350 feet it requires a conditional use permit; it doesn't say you can't do it. It means it requires an extra layer of review, and that is what the planning commission is doing tonight. 3M could propose to build 30 feet off Minnehaha Avenue and it requires the same review. 3M has chosen to move the building as far back as possible to try to minimize the impact on the street and on the neighbors. Mr. Roberts showed the pond on the map that is going to be filled in as well as where the new ponds would be located. This plan has to be approved by the watershed district which has not been completed yet. Regarding the traffic, Ms. Auchter had more information than staff did by having the conversation with Dan Solar. The city wants the traffic study done to verify if there are other improvements that would be needed because of this development. The city isn't saying there wouldn't be headlights shining into people's homes. A four -foot berm would help with lights shining into the homes, but it wouldn't eliminate lights shining in the homes altogether. The landscaping will be reviewed by the CDRB on Tuesday, April 26, at their meeting at 6:00 p.m. The city inspectors would make sure the drainage is done correctly to ensure the runoff drains correctly. Commissioner Dierich asked if there was some reason the city couldn't require that the west entrance be an 'in' only and the east entrance be an "out' only to help with the headlights and the traffic flow? Mr. Roberts said that is a possibility, however, with left turns it may be good to have them spread out so they are not all at one location. That is another thing the traffic study would tell the city as well. Ms. Flo Clark, 2383 Minnehaha Avenue East, addressed the commission. Ms. Clark said she agrees with the comments made by Ms. Auchter. She is one of the pedestrians that has to walk on Minnehaha Avenue to catch the bus and has almost been hit by a car more than once already. This area is a real hazard, and many times trying to drive east on Minnehaha Avenue can take more than five minutes to make a turn. Ms. Clark said she also telephoned Dan Solar several times before getting a hold of him. Mr. Solar told her in the next ten years there is a possibility that Minnehaha Avenue could look like 10 Street in Oakdale with a turn lane in the center of the road. Planning Commission -4- Minutes of 04 -18 -05 Ms. Clark wondered whose property Ramsey County would take from, the residential side or 3M's side of the property. If Ramsey County were to put the turn lanes would Ramsey County tear up the new parking lot and driveways up to widen the road to install a center turn lane or would they take property from the residential side of the street. Ms. Clark said if the traffic continues the way it is, the road will need to be altered sooner than ten years from now. She believes the city should send out a new mailing letting the residents know about this development with the new plans and how this development will affect their neighborhood because the mailing they received was incorrect and deceiving. Chairperson Fischer asked what happened with the mailing the residents received and why they received incorrect information? Mr. Roberts said Ms. Finwall did the review for this proposal, and from his understanding, staff received some preliminary plans which were included in the mailing and things changed between the mailing and the time of tonight's meeting. He will pass the information onto Ms. Finwall and maybe a new mailing can be sent out. Ms. Kathie Baldwin, 765 Meyer Street, addressed the commission. Ms. Baldwin wondered why 3M cannot use McKnight Road rather than Minnehaha Avenue to access the property? She also asked how tall this proposed building would be? Mr. Roberts said currently there is no connection to the 3M facility from McKnight Road, and that is why 3M has to access the property from Minnehaha Avenue. Mr. Hedlund said the building is two stories at the tallest point. The two -story portion of the building is built into the hill. So it appears to be a one -story building, but the height is about 20 feet tall. Mr. Jim Beardsley, 2311 Minnehaha Avenue East, addressed the commission. Mr. Beardsley has concerns about the traffic pattern. The traffic discussion has been about right turn lanes, but people turn left off of Minnehaha Avenue from Oakdale which is where a large portion of traffic comes from. He has concerns about the landscaping and would like evergreen trees planted on the north side by the loading dock because that area will look into his house. He wondered why you couldn't put in a connection off McKnight Road through the Wells Fargo bank parking lot to access the property rather than having the entrance and exit on Minnehaha Avenue. He also asked when the traffic analysis was to be done? Mr. Roberts said the landscaping plan will be discussed at the CDRB meeting next Tuesday, April 26, 2005, at 6:00 p.m. during their review of this proposal. Regarding the traffic concerns, after the traffic study is complete there will be a lot more questions answered regarding what is and isn't possible. The recommendation requires that the traffic analysis be done before a building permit is issued. Commissioner Grover said he understood 3M may propose to build a 20 -unit residential facility in the future to house out -of -town guests attending the leadership development institute by the Wells Fargo bank site, so that sounds like access from McKnight Road wouldn't be a possibility. Planning Commission -5- Minutes of 04 -18 -05 Mr. Roberts said that's what 3M told city staff, but there have been no plans presented to the city yet. Mr. Hedlund said this facility will have fewer cars than a normal building this size and that is why 3M is asking for a parking reduction. A building this size would require 415 parking spaces, and they are proposing 286 parking spaces, which speaks to how little traffic they expect. Half of this facility replaces the existing Leadership Development Institute that is located on Carlton Street. The parking studies from that facility show on an average day they have 70 cars. They expect that number to go up some. The other half of the facility is a customer center that is an invited experience. The visitors to this customer center are CEOs and CFOs from other areas that are coming from major corporations around the world to this Leadership Development Institute. Mr. Hedlund said the CEOs may be flown in on the 3M company jet and driven in a limousine to the facility, so this wouldn't be the kind of thing where visitors rent a car and go on Map Quest to get directions to the facility. 3M wants to control the experience of its visitors so it's a managed experience. There may be one to two visits with 12 -to -20 people a day. They expect few deliveries. This facility will have a warming kitchen, so there will be food deliveries from vendors once or twice a day. The traffic impact is minimal. 3M is spending more money on this building compared to what they typically spend on other 3M buildings because of the Leadership Development Institute. This leadership building is designed to take top leaders from around the world and train them in leadership. The building is not for the average 3M employee. Mr. Hedlund said he anticipates they would have a grand opening for this building. He's not sure there would be an open house for the general public. He understands 3M is planning a board meeting in this new facility, so that puts the pressure on everyone to get this building completed. Commissioner Trippler asked why a sidewalk had not been proposed for this area? He thought the city was trying to get all new developments to build sidewalks in their proposals. Mr. Roberts said there are no sidewalks proposed for this area. This is something the county engineers would need to review, but it's a good idea. There currently is no sidewalk on either side of the street on Minnehaha Avenue. Mr. Rick Auchter, 2375 Minnehaha Avenue East, addressed the commission. Mr. Auchter said he is here to speak for the animals because that can't speak for themselves. They have gray- horned owls in their trees in their backyard, they get deer, frogs, and when they look out their window, they see a building, and on the other side they consider they have a lake view. There are ducks that land in the pond, whooping cranes and other birds have a route that they take before they drop down into the pond. This building will affect the wildlife, and he wants people to be aware that there is wildlife in the area. Chairperson Fischer then closed the public hearing. Planning Commission -6- Minutes of 04 -18 -05 Commissioner Trippler moved to approve the conditional use permit resolution. This resolution approves a conditional use permit for a building to be constructed closer than 350 feet to a residential zoning district within a light- manufacturing zoning district. The building will be constructed within 325 feet of a residential zoning district on the vacant 3M Campus property located south of Minnehaha Avenue, east of the Wells Fargo Bank (670 McKnight Road). Approval is subject to the following conditions: (addition to the original motion is underlined and in bold). a. The city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right - turn lanes. Consideration should be given to install a sidewalk or a trail along Minnehaha Avenue for the safety of pedestrians. b. All construction shall follow the plans date - stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. c. The proposed development 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. d. The proposed development must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. e. The city council shall review this permit in one year. Approve the street vacation resolution. This resolution approves the vacation of two unused street right -of -ways located within the 3M Campus property (Meyer Avenue [north /south street right -of -way] and Margaret Street [east /west street right -of- way]). Approve the utility easement vacation resolution. This resolution approves the vacation of a portion of the existing utility easement located within the 3M Campus property. Approval is subject to the applicant dedicating a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. The easement must be recorded with the county prior to issuance of a building permit. Commissioner Pearson seconded. Ayes Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Trippler Abstention Yarwood Commissioner Dierich made a friendly amendment for 3M to install a sidewalk along Minnehaha Avenue. Commissioner Yarwood abstained from voting because he is a 3M employee. The motion passed. This item goes to the city council on May 9, 2005. Attachment 17 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 26, 2005 VI. DESIGN REVIEW a. 3M Building 278 (Leadership Development Institute /Customer Center) located on vacant 3M property south of Minnehaha Avenue, east of Wells Fargo Bank (2350 Minnehaha Avenue East) Ms. Finwall said 3M proposes to construct an 83,000 square foot building to house a new leadership development institute (LDI) and a customer center. The building will be constructed on vacant 3M Campus property located south of Minnehaha Avenue, just east of Wells Fargo Bank. The leadership development institute will be relocated to the new building from its existing site at 600 Carlton Street which is south and east of this property. The LDI is a conference center designed to serve 3M employees and other executives. The conference center will operate primarily during business hours with an occasional evening program. The customer center will consist of exhibition space with supporting displays, conference rooms, and dining facilities to serve as a marketing function for current and future 3M customers. The customer center will serve a limited population and operate primarily during business hours and occasional evenings. Board member Shankar asked when the planning commission recommended the sidewalk or trail during their meeting, did they specify where they wanted it to begin and end? Ms. Finwall said the planning commission did not clearly state where they would like the sidewalk or trail to begin and end. The condition for a sidewalk or trail was added due to the concerns of the neighbors for pedestrians on Minnehaha Avenue and the additional traffic anticipated in the area. Board member Hinzman asked if there was a future plan for a sidewalk along Minnehaha Avenue with future road construction? Ms. Finwall said Ramsey County has indicated that Minnehaha Avenue is not on any schedule for future expansion or road construction at this time. Board member Hinzman asked about the reduction in parking. It was indicated in the staff report that there would be a possibility of proof of parking on the site. He asked where the parking is located that could be accessed in the future? Ms. Finwall showed Board member Hinzman where the proof of parking was located on the site plan. Chairperson Longrie asked what type of additional landscape staff had in mind to be planted on top of the berm? Community Design Review Board 2 Minutes 4 -26 -2005 Ms. Finwall said staff did not specify what type of landscape to plant on top of the berm, however, it might be good to recommend evergreen trees so there is year -round coverage shielding the headlights from the neighbors across the street. Board member Olson asked how this property could be zoned M -1 in a shoreland overlay district? Ms. Finwall reviewed the zoning map and said the light manufacturing zoning was in place when the old movie theatre was located on the site. The pond is called 3M pond and is protected by the city's shore land overlay district and wetland ordinances both of which were adopted after the zoning of the property to M -1. The wetland ordinance is in place to protect the wetland. This requires the Ramsey and Washington County Watershed District approval as well. 3M is proposing to delineate the small wetland which is in the middle of the proposed parking lot but will not alter the existing 3M pond. Chairperson Longrie asked the applicant to address the board. Mr. Dean Hedlund, Project Manager, 3M Company, 900 Bush Avenue, addressed the board. Mr. Hedlund said they have met with Kimley -Horn Associates, engineering consulting firm that worked with the City of Maplewood on a traffic study that was already done on Minnehaha Avenue. Mr. Hedlund sent the data to Kimley -Horn regarding the usage of the existing LDI building and Kimley -Horn will use that data, along with additional traffic information to create the traffic study. The existing LDI building is located on Carlton Street. 3M has traffic counts from 2003 and 2004 regarding the traffic generated from the existing LDI building which will help with the traffic analysis. 3M is concerned about the location of the sidewalk or trail. Another concern is whether they have enough property for a sidewalk because of the parking lot, the berm, the right of way and the sewer easement. 3M has more than the required number of trees, shrubs and other landscaping on the property and believes city staff could work with the landscape company to take landscaping from one area and redistribute it along the berm to help screen headlights from the residential homes. That way additional landscaping would not have to be incorporated. Mr. Hedlund said regarding the condition to combine the two lots for tax purposes 3M`s Real Estate office has contacted the Ramsey County Property Tax office and is working through the requirements to get this condition done. This process could impact the issuance of the building permit Mr. Hedlund asked if the wording in the condition could be changed stating staff shall confirm with the Ramsey County Property tax office that 3M has submitted everything that is necessary to accomplish this and are waiting for the Ramsey County Property Tax office to complete this process. The condition which requires irrigation of landscaping should be changed so the native plantings do not require an irrigation system and therefore, 3M does not want to be required to have an irrigation system. Regarding item 3. on page 6, 3M would prefer to provide a letter of credit rather than a cash escrow. Mr. Tom Dornack, Project Manager, BWBR Architects, 380 St. Peter Street, #600, St. Paul, addressed the board. Regarding the statement in the staff report regarding no more curb cuts for access off of Minnehaha Avenue, 3M owns the property by Wells Fargo Bank which is approximately 900 feet to the east. There is a wetland in that area and because there is a small parcel of land that would require access 3M is concerned about not getting access that would be needed to develop that parcel in the future. Community Design Review Board 3 Minutes 4 -26 -2005 Mr. Paul Kangas, Landscape Architect, Loucks Associates, 7200 Hemlock Lane, Suite 300, Maple Grove, addressed the board. They could work with staff regarding moving some of the existing landscaping on the site to the berm. The berm between the parking lot and the street will handle the storm water and protect the residential homes from headlight glare. Mr. Kangas said they plan on using an irrigation system in the front of the building and on the south side of the building they will plant native plantings and grasses which require little maintenance and do not require an irrigation system. Board member Ledvina said the staff report recommends that no additional curb cuts be allowed on Minnehaha Avenue. He asked how 3M plans to request additional curb cuts to access the small parcel of property after the statement made by Ramsey County? Mr. Hedlund said if 3M decides to build a 20 -unit residence facility to house visitors for the LDI customer center, 3M could access that facility via the two new driveways or the shared driveway with Wells Fargo Bank. But access to the east side of the LDI building for a future development could be a problem because of the topography, the size of the wetland and would require a fairly sizeable land bridge. Mr. Hedlund said 20 -units for the residence facility is larger than he would anticipate. Currently 3M visitors stay at the St. Paul Hotel but 3M would like their visitors to stay closer to the 3M campus. Board member Olson said the only reason 3M would come before the city would be to ask for a curb cut to access the future development to the east? Mr. Hedlund said correct. Mr. Dornack said the traffic study will determine whether it's feasible to have a right turn in and right turn out only off Minnehaha Avenue. Mr. Craig Peterson, Design Leader, BWBR Architects, 380 St. Peter Street, #600, St. Paul, addressed the board. Mr. Peterson showed some display boards regarding the exterior finishes on all of the building elevations. Those exterior finishes include brick, prefinished metal panels and windows. Board member Olson asked how many people could be seated in the cafeteria and in the auditorium areas? Mr. Hedlund said there are about 150 seats in the dining area. One auditorium area seats 100 people and the other seats 150 people. On very rare occasions 3M could use both auditoriums at once. The current LDI site has one auditorium area. The parking need is very low for this facility which is the reason for the reduction in parking spaces. Board member Shankar asked if the auditorium areas would ever be rented out? Mr. Hedlund said those areas would not be rented out. 3M`s upper management is very strict regarding the use of those auditoriums even for use by other 3M functions. Community Design Review Board 4 Minutes 4 -26 -2005 Chairperson Longrie asked what area on the landscaping plan would 3M propose to take landscaping from to use on the berm and what type of landscaping do they propose to plant on the berm? Mr. Kangas said one of the difficult things with the landscape ordinance in Maplewood is it does not state what type of landscaping or trees the city recommends using. The ordinance only states the caliper of the trees and how many trees you need to replace. He is not sure where they would take landscaping from on the plan or what type of landscaping they would use on the berm but they would use something that would screen the headlights from the residential area. They have more than the required amount of landscaping on the plan and could work with city staff on redistributing landscaping to cover the berm area. Board member Olson asked what type of signage they propose to use. Mr. Kangas said they plan on using a monument sign at the northwest corner of the site and the sign would be constructed of similar building products as used on the building. Mr. Hedlund said this is not a site where visitors would rent a car and drive to this location. Someone from 3M meets the visitors and drives them to the 3M building. This will be a secure building and people will have to use a security card to get into the building. A receptionist will be at a desk at the entrance of the building to greet people. Chairperson Longrie asked if there was any consideration given to using additional architectural elements such as an additional brick color to make the building look less sterile? Mr. Peterson said they want this building to stand alone and not look similar to any of the other 3M buildings so they chose to use a different brick color on this building. They considered using a lighter brick color such as a buff color brick but 3M thought the darker brick color has more of a corporate look to it. 3M wants the building to have a look of simple elegance so the building doesn't stand out which is why they have limited the building products and the scale of the building exterior. The following residents addressed the board on this project: 1. Ms. Peggy Auchter, 2375 Minnehaha Avenue, Maplewood. What level is the berm measured, street level or below street level? The landscaping plan shows planting 92 trees but how many trees would be planted on the berm? Would the berm be alleviated at the entrance way for driver safety? There will be 22 light posts in the parking lot, will those lights be on all night long or will they shut off at night? Regarding the sidewalk or trail, will there be a pedestrian crossing on Minnehaha Avenue for those people that will cross the street to use the sidewalk? Community Design Review Board 5 Minutes 4 -26 -2005 Ms. Auchter said there has been discussion regarding a right turn in and right turn out. Could there be a no left turn sign so she can get into her driveway? What about all the traffic coming from Century Avenue onto Minnehaha Avenue? 2. Ms. Flo Clark, 2383 Minnehaha Avenue, Maplewood. She also asked for clarification regarding where the berm level begins, street level or below street level and the height of the berm after the trees are planted on top of that berm? She also asked about the light posts in the parking lot and if some of the lights could be shut off so lights wouldn't shine into their homes all night long. She requested for safety reasons that what ever is planted on the berm by the entrance to the parking lot not block the view for people trying to exit the property. 3. Mr. Jim Beardsley, 2311 Minnehaha Avenue, Maplewood. He will be looking at the west side of the property where the loading dock and garbage is going to be located and he would prefer evergreen trees be planted there for additional screening to the dock area. It appears they are using a very limited list of planting materials in the rain gardens. With this being a wetland they should look at using native plants and materials to go along with the wetland. 4. Mr. Rick Auchter, 2375 Minnehaha Avenue, Maplewood. He is concerned about the ten new homes to be built within the new cul -de -sac road Crestview Court. Those homeowners will be traveling on this road as well and trying to turn in and out of their street which could be an additional traffic problem. Many people get frustrated and turn their cars around in his driveway because traffic is so backed up weekdays between 4:30 and 6:00 p.m. 5. Kathi Baldwin, 765 Meyer Street, Maplewood. She is also concerned about the traffic and the vehicles that use Meyer Street. Vehicles drive fast and she worries about the children playing in the area. The speed limit is 40 mph and with the additional homes that are going to be built she wondered if the city could lower the speed limit to 30 mph for safety. Chairperson Longrie closed the hearing. Mr. Kangas said roughly 25% of the trees will be planted along Minnehaha Avenue on the berm. The height of the berm will extend four feet above the parking lot or the height of Minnehaha Avenue and then the plantings would be on top of the height of the berm. So there will be effective screening of headlights from the residential homes. Regarding the loading Community Design Review Board 6 Minutes 4 -26 -2005 dock area the screening wall will be a brick base with metal panels as well as some coniferous trees planted to screen the area. Chairperson Longrie asked what time deliveries would come to the loading dock area. Mr. Hedlund said the deliveries are not going to be your typical deliveries. There will be a daily food delivery from a catering company for the warming kitchen to prepare food which would be about 10:00 a.m. but there would not be typical deliveries to this building like there would be at the other 3M buildings. Board member Olson asked if they could make sure that their wild flower seed mix is a certified clean mix and that it doesn't have any noxious seed mixtures in the mix. Thistle is included in some seed mixtures and can be a real problem when it blows into the residential area. Mr. Kangas said the specified seed mixture comes straight from the MnDot standards so it is definitely an improved list but they will take a critical eye to the mixture. Board member Shankar said with a building that faces south he would assume you would need to use landscaping to shade the building and keep it cooler? Mr. Kangas said typically you would have deciduous trees that would bloom in the summer to keep the building cooler and then allow sun to shine on the building in the winter when the leaves are gone. However, this building will have a special reflective coating on the glass making it very energy efficient and will accommodate the heat level. Any trees they would plant would have to be so close to the building and 3M prefers to leave the view open and avoid planting trees close to the building. Mr. Hedlund said regarding the exterior lights in the parking lot, he would say the lights are probably on all night. 3M has a lighting consultant that has laid out the lighting along with a computer print out showing the total foot candles that each light post would have. 3M is concerned about employee safety so they want the parking lot lit and believe the light posts would shine down into the parking lot and not shine outwards into the residential area. Chairperson Longrie asked if they had any idea what time the events would begin and end so she can get an idea of traffic conditions. Mr. Hedlund said the leadership development classes begin early around 7:00 a.m. and include long days. Chairperson Longrie asked if there would be the potential to have one driveway in and another driveway going out? Mr. Hedlund said 3M has planned on two driveways both going in and out. The traffic study will determine if there would be traffic concerns. If it is recommended by the traffic analysis to have a one way in and one way out they will consider that when the formal study is done. Community Design Review Board 7 Minutes 4 -26 -2005 Chairperson Longrie asked if there was a way to turn every other light off in the parking lot or the ability to dim the lights so in the middle of the night it is still lit for security reasons but not be as bright. Mr. Hedlund said he didn't know if that was a possibility but would not be opposed to doing that. Board member Shankar asked if the mechanical units would be visible on the roof? Mr. Hedlund said the mechanical units would not be visible; they have gone the extra mile to screen the units. Chairperson Longrie said the board needs to discuss whether they think the landscaping should be distributed from what is already shown on the plans or if they should add additional landscaping to the site. Board member Hinzman and Ledvina said they are okay with additional landscaping added to the berm and whether 3M takes the landscaping from the existing list of landscaping or adds additional landscaping to the site makes no difference. They have a fairly extensive list of landscaping materials on the list as it stands. Chairperson Longrie said she prefers many trees planted in the parking lot islands to provide as much shade as possible for the vehicles, so she would not want to see these trees relocated to the berm. Board member Ledvina is concerned about the statement made in the staff report regarding no additional curb cuts on Minnehaha Avenue and he is inclined to agree with staff to not allow any additional cuts, especially because of the high traffic level and people pulling out onto Minnehaha Avenue. However, if there is a traffic study done that says 3M can have additional curb cuts then he would be okay with that decision. Board member Olson disagrees with Board member Ledvina in that she believes there could be a need for an additional curb cut on the east side of the site. She likes the idea of a right - turn-in and a right- turn -out lane. The need for additional curb cuts for the future 3M housing complex should be dealt with separately if and when that comes before the city. Board member Hinzman agrees with Board member Ledvina. He drove the area today and saw the amount of traffic and congestion that the neighbors mentioned and it is an issue. If there is a way to get traffic off Minnehaha Avenue by using another access then he would recommend that. Chairperson Longrie had comments regarding the limited building materials on the north elevation. The CDRB has requested additional building materials be added to the large expanse of a building in the past. On the north elevation there is only one brick color and she recommended a second brick color be used as a band of color in a different tone to break up the expanse of the north elevation to improve the look of the building. In her opinion the front of the building looks like the front of a warehouse building. Community Design Review Board 8 Minutes 4 -26 -2005 Board member Olson disagreed with Chairperson Longrie`s comments. The aluminum on the building will be sculpted so the appearance of the building exterior will change when it is on the building. The rendering is an unfair representation of what the building materials will look like. The brick is very subtle but that is the way 3M wants their building to appear, simple and receded and she is comfortable with the building design. Board member Shankar thinks that in relation to the Wells Fargo Bank building next door the 3M building will look nice. Chairperson Longrie said that's true. Board member Ledvina said he sees a variation in the height of the brick and in the glass panels and he thinks that will provide the visual interest to the building. Board member Olson said she would like to see the sidewalk installed by 3M and she doesn't have a preference if it is a sidewalk or a bituminous trail. She would like the sidewalk starting at Wells Fargo Bank and ending at the east side of the site but she doesn't think the city can require 3M to do that. Therefore she proposes the sidewalk be the full length of the site that is being developed. Board member Hinzman said sidewalks are used by pedestrians and trails are used by bikers, rollerbladers, skateboarders etc. because of the scores in the sidewalk. Board member Shankar asked if there would still be enough room for the proof of parking if there is a trail or sidewalk? Ms. Finwall said this is within the right of way so there is enough space. Board member Ledvina moved to approve the plans date - stamped March 18, 2005, for the 3M Leadership Development Institute /Customer Center building located on 3M Campus property just south of Minnehaha Avenue, east of Wells Fargo Bank at 2350 Minnehaha Avenue East. Approval is subject to the following conditions: (changes made by the CDRB during their meeting are underlined and deletions are stricken.) a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised engineering and grading plans. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the potential installation of two right -turn lanes The traffic analysis shall determine the need for turn lanes and or the need for a one way in or one way out. In addition, the applicant shall include a 6- foot -wide concrete sidewalk or 8- foot -wide bituminous trail along Minnehaha Avenue as determined by Community Design Review Board 9 Minutes 4 -26 -2005 the engineering department. The grading plan must reflect measures taken to ensure the protection of all large trees on the site where possible. 2) Revised site plan. The plan should include a 6- foot -wide concrete sidewalk or 8- foot -wide bituminous trail along Minnehaha Avenue as determined by the engineering department. 3) Revised landscape plan. The plan should include additional plantings (to include evergreen trees at least 6 feet in height, deciduous trees at least 2' /z caliper inches in size, and shrubs) on top of the berm in front of the parking lot to ensure the parking lot is screened from view of the residential properties across the street. The plan should also include a row of evergreen trees should be planted along the west side of the loading dock driveway to ensure the dock is screened from view of the residential properties across the street. The plan should also specify the wildflower mix to meet MnDot standards and ensure no thistle within the mix. C. Obtain a permit from Ramsey County for construction on county right -of -way for the driveway access, utility work, and sidewalk. d. Watershed district approval. e. To ensure the building does not straddle a property line, the applicant must submit proof or documentation that 3M has initiated the process with the Ramsey County Property Tax office to combine the two lots ar°, Pornhi ,�'n °d for tax and identification purposes, or replatted as necessary. f. 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. g. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas except the rainwater gardens and native planting areas. 4) Install all required outdoor lighting. 5) Install the required sidewalk or trail along Minnehaha Avenue. h. 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. The owner or contractor shall complete any Community Design Review Board 10 Minutes 4 -26 -2005 unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. i. All work shall follow the approved plans. The director of community development may approve minor changes. j. Review the lighting plan with city staff for the light standards, height, and luminary fixtures to ensure the plan meets the city's lighting requirements and does not pose a nuisance to the surrounding residential properties. Board member Olson seconded. Ayes Hinzman, Ledvina, Longrie, Olson Abstention - Shankar The motion passed. Board member Olson moved to approve the parking reduction authorization for the proposed 3M Leadership Development Institute /Customer Center building located on 3M Campus property just south of Minnehaha Avenue, east of Wells Fargo Bank 2350 Minnehaha Avenue. This reduction will allow the property owner to have 286 parking spaces (147 fewer than the city code requires) for the following reasons: a. The parking requirements for office buildings such as this are generally excessive. b. Fewer parking spaces would preserve green space and lessen storm runoff. C. The applicant has reserved space to add 147 parking spaces should the need arise. Board member Ledvina seconded. Ayes Hinzman, Ledvina, Longrie, Olson Abstention - Shankar The motion passed. This item goes to the city council on May 9, 2005. Board member Shankar abstained from voting because he is an employee of BWBR Architects the architect for this project. The recommendation to the city council is based on Section 2 -290 of the city code and the CDRB makes their recommendation based on the findings found on page 9 of the staff report numbers 1 -3 as read aloud by the chairperson. Agenda Item K3 / e [ r ] :1 . U 7 e \ :1 :1 as] :1 I TO: City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), City Project 02 -07: Approve BP Amoco Pipeline Relocation Agreement DATE: May 2, 2005 INTRODUCTION A segment of the BP Pipeline must be lowered to complete the construction. BP Pipelines, Inc. requires that the city enter into a relocation agreement to cover their costs of the pipeline relocation before they will begin the relocation work. The city council will consider approving the attached Relocation Agreement with BP Pipelines. Background As part of the construction of the County Road D East and Hazelwood realignments, approximately 850 feet of the BP Pipeline must be relocated or lowered to provide adequate clearance between the new roadway and the pipeline. During the design process, extensive consideration was given to the depth, location and allowable cover in an effort to avoid the pipeline. Despite those efforts during project design, avoiding an offset of the pipeline at the new County Road D alignment was determined to be unavoidable. To make the situation worse, it was discovered during construction last year, that there would not be enough cover over the pipeline at Hazelwood Street and that the pipeline would also have to be lowered at that location. The pipeline relocation is scheduled to be done in June, as soon as access to the railroad has been acquired. Much of the cost of relocating the pipeline is in the material cost, as the segment of pipeline that is to be relocated must be replaced with new material. In addition, a large share of the cost is associated with shutting down the pipeline and draining the pipeline product. The product must then be transported to a refinery and be re- refined. The relocation agreement requires that the city reimburse BP for costs associated with the pipeline relocation. The estimate provided by BP Pipelines, Inc. is $251,000 with contingencies. The city will pay actual costs, based on itemized bills provided to the city. BP requires that the full amount of the estimate be escrowed in advance of them beginning any work on the project. Any unutilized funds would be refunded to the city after the work has been completed. BUDGETIMPACT Currently project expenses are still well within budget. However, with a good share of construction remaining and the number of unanticipated extra expenses greater than expected, a review of the project budget will be done soon. An adjustment to the project budget and financing plan should be expected in the near future, though no revisions to the project budget are proposed or recommended at this time. This project is funded through current state aid bonds and assessments. There currently is no tax levy funding on this project, nor is it expected that any future budget increases would require tax levy funding. Agenda Item K3 RECOMMENDATION It is recommended that the city council approve the attached Relocation Agreement with BP Pipelines and authorize the Mayor and Manager to enter said agreement, including authorization of and escrow payment in the amount of $251,000 to cover BP Pipeline's relocation costs. Attachments: 1. 02 -07 BP Relocation Agreement 2. Location Map STANDARD RELOCATION AGREEMENT Lower pipeline in place to Accommodate construction of County Road D Re- Alignment Maplewood, MN Whiting to Moorhead Pipeline BP Series 4000 LL #'s 1581, 1582 & 1583 LOCATION: Maplewood, MN THIS AGREEMENT, made and entered into this day of , 2005, by and between BP Pipelines (North America) Inc., a Maine corporation, whose address is 28100 Torch Parkway, Suite 600, Warrenville, IL 60555 as contract operator of the BP Products (North America) Inc. Pipeline System (hereinafter referred to as "BP ") and the City of Maplewood, whose address is 1830 Co. Rd. B East, Maplewood, MN 55109, (hereinafter referred to as "CITY "). WITNESSETH: WHEREAS, CITY desires BP to lower its existing pipeline to accommodate CITY's County Road D Re- Alignment located in the North Half (N /2) of Section 3, Township 29, Range 22, Ramsey County, MN. WHEREAS, said construction activities will require certain adjustments, and relocation of the existing facilities of BP, and, WHEREAS, it is to the best interests of BP and CITY for BP to make the necessary adjustments, removals, and /or relocation's of its existing facilities with BP's regular construction and maintenance forces, or by a contractor paid under a contract let by BP, and, 11 WHEREAS, BP required assurances that it shall be reimbursed by CITY for all expense, loss, or damage either caused or made necessary by the Project, whether it is incurred directly by BP or others on behalf of BP at the request of BP. NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN RECITED, BP AND CITY DO HEREIN AGREE AS FOLLOWS: Section I BP with its regular construction or maintenance crew and personnel at its standard schedule of wages and working hours, or by a contractor or subcontractor, will make the necessary adjustment, removals, alterations, and /or relocation's in its existing facilities as described in the attached Preliminary cost Estimate marked Exhibit "A ". The preliminary estimated cost thereof is $251,000.00 as indicated within the Exhibit "A" attached hereto and made a part hereof. BP agrees to diligently work to complete the necessary adjustments, removals and /or relocation of its pipeline subject to Section IV of this Agreement and subject to the events of force majeure. Events of force majeure shall include any event or occurrence beyond the control of BP, acts of God, equipment breakdown, weather conditions, default by third party contractor, governmental, order actions and restrictions, strikes or work stoppages or other disputes with workmen or unions, military operations, National emergencies, civil unrest or sabotage. Section II a.) CITY will reimburse BP for actual costs of the work upon presentation of itemized bills to CITY from BP; said itemization being shown and said cost being computed by and in accordance with normal methods and procedures. BP shall be responsible for payment of all applicable state and federal taxes, including sales taxes. CITY shall reimburse state and federal taxes paid by BP in conjunction with the work, excluding taxes on income. BP accounts and the accounts and records of any contractor or sub - contractor involved in carrying out the proposed work shall be kept in such manner that they may be readily audited and actual costs determined, and such accounts shall be available for audit by the independent auditors of CITY for a period of one year from the date final payment has been received by BP. b.) Should the accumulated costs of the work materially exceed preliminary estimated cost, due to conditions not known or anticipated at the time of estimate preparation, and substantial change in the scope of work, method of installation, change in location, or other changes of similar nature has taken place, BP shall notify CITY of such fact and the reasons therefore as promptly as possible. c.) BP will submit a final billing to CITY upon completion of the project. It is agreed that, BP shall be reimbursed for any items of project work or project expense within thirty (30) days after receipt of same by CITY. Section III BP shall modify its facilities in accordance with the said plans, specifications and estimates as described in Exhibit "A ", and a certification to this effect shall be included in its bills for reimbursement for work performed. Section IV BP shall not start the work on the modifications covered by this agreement until; a.) CITY has signed and returned this Agreement along with a certified cashiers check in the amount of $251,000.00 as payment of the estimated cost for completing the work herein contemplated, and b.) Written notice has been given by CITY that the work has been authorized nor until a satisfactory starting date has been mutually agreed upon by both CITY and BP. Section V CITY shall reimburse BP for any item of work or expense involved if performed at the direction of CITY. Section VI BP, its contractor and sub - contractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Section VII BP for itself, its employees, agents, contractors, sub - contractors and representatives, shall indemnify, protect and save harmless CITY from and against any and all legal liabilities and other expenses, claims, costs, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter "Claim "), arising out of intentional tortuous acts of or arising out of the contributing or sole negligence of BP, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed pursuant to this agreement, provided, however, that where CITY is guilty of negligence with respect to the occurrence or occurrences giving rise to the Claim, BP shall have no duty to indemnify, protect, or save harmless CITY. IN WITNESS HEREOF, the parties hereto separately and severally have caused this AGREEMENT to be executed in their respective names by and through their duly authorized officers, as of the day and year first above written. ATTEST: BP PIPELINES (NORTH AMERICA) INC., as CONTRACT OPERATOR OF THE BP PRODUCTS (NORTH AMERICA) INC. PIPELINE SYSTEM ATTEST: CITY OF MAPLEWOOD AS CITY, Bob Cardinal, Mayor ATTEST: CITY OF MAPLEWOOD AS CITY, Richard Fursman, City Manager EXHIBIT A ESITIMATE FOR COUNTY RD D RE- ALIGNMENT 28- Aug -04 Mechanical contract $155,000 10 "pipe $25,000 Pipe bends $10,000 X -ray $5,000 Transport trucks - drain -up $7,000 Inspection $6,000 Pipe Disposal $8,000 Sub -Total $216,000 Overhead & Supervision @ 16.0% $35,000 TOTAL $251,000 Ilk E3