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HomeMy WebLinkAbout2005 05-23 City Council PacketAMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 23, 2005 Council Chambers, Municipal Building Meeting No. 05 -10 i�0 _1I M toZQ N Q 4 N B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF MINUTES Minutes from the Council /Manager Workshop -May 02, 2005 Minutes from the Council /Manager Workshop -May 09, 2005 Minutes from the City Council Meeting -May 09, 2005 � 9» :I S I T I 1 S 61 iW 14 0 1711 F. APPOINTMENTS /PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. Approval of Claims Purchase of Single -Axle Plow Truck Bodies and Plow/Wing Attachment Gladstone North Area Street Improvements, City Project 04 -15 — Resolution Approving Application for Easement Across State Land Gladstone North Area Street Improvements, City Project 04 -15 — Resolution Approving Conditions of the Magellan Pipeline Encroachment Agreement Requests for Proposals (RFP) — City Recycling Services H. PUBLIC HEARINGS 7:00 P.M. Hazelwood Street Improvements, Project 03 -39 — Resolution for Adoption of the Assessment Roll AWARD OF BIDS Cured -in -Place Pipe, Project 05 -09 — Resolution for Award of Bid Hazelwood Street Improvements, Project 03 -39 — Resolution for Award of Bid UNFINISHED BUSINESS 1. Public Safety Answering Point (PSAP) Consolidation 2. 1 -94 Berm (Item added 05- 18 -05) K. NEW BUSINESS 1. Proposed Settlements -IAFF Local A -22 Firefighter and A -22 -S Fire Supervisors 2. TH 61 Improvements (Beam to I -694), City Project 03 -07 — Resolution Authorizing Cooperative Agreement with MnDOT for Funding 3. CoPar Companies Development Plan (Schlomka Property - Carver Avenue and Henry Lane) (City Project 05 -07) Concept Plan Review Consider Request for Preparation of Environmental Assessment Worksheet (EAW) L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 10 ll�el• LViIIn1 .11 :fill ID1=1111:2:J *1140 fill IIQ01 M Newsletter 161 il11!,16111N0 Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item D1 DRAFT -- MINUTES COUNCIL /MANAGER WORKSHOP Monday, May 02, 2005 Maplewood Room, City Hall 5:00 P.M. A. CALL TO ORDER B. ROLL CALL C Lo Q E. Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach, Councilmember Others Present: City Manager Fursman Finance Director Faust Parks and Recreation Director Anderson REAL Department Director Guilfoile Police Chief Thomalla Fire Chief Lukin Public Works Director AN APPROVAL OF AGENDA Present Present Present Absent Present Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes -All NEW BUSINESS 1. Fire Department Budget Presentation Chief Lukin gave the department's 2004 budget recap and projections in preparation for the upcoming council and management team retreat. 2. REAL Department Budget Presentation REAL Department Director Guilfoile 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 6:15 p.m. City Council /Manager Workshop 05 -02 -05 MINUTES COUNCIL /MANAGER WORKSHOP Monday, May 09, 2005 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C FBI E. F Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach, Councilmember Agenda Item D2 Present Present Present (arrived at 6:17 p.m.) Present (arrived at 6:05 p.m.) Present (Councilmembers Koppen and Monahan - Junek arrived after attending the Tartan Ice Arena Board Meeting) Others Present: City Manager Fursman Assistant City Manager Coleman Finance Director Faust Parks and Recreation Director Anderson (arrived at 6:05 p.m.) REAL Department Director Guilfoile Human Resource Director Le Police Chief Thomalla Fire Chief Lukin Public Works Director AN City Attorney Kelly APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Rossbach Ayes -All NEW BUSINESS 1. IT Budget Presentation Information Technology Director Hurley gave the department's 2004 budget recap and projections in preparation for the upcoming council and management team retreat. 2. Police Department Budget Presentation Police Chief Thomalla gave the department's 2004 budge 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 7:10 p.m. City Council /Manager Workshop 05 -09 -05 I!l 1 -1 103 FU DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:19 P.M. Monday, May 09, 2005 Council Chambers, City Hall Meeting No. 05 -09 190 1 M Cox*] N Q 4 :; Agenda Item D3 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:19 P.M. by Mayor Cardinal. Pastor Pat Hall from Frontline Church led an invocation. A moment of silence was held for St. Paul Police Sergeant Jerry Vick. 1:2 4 4 BIC] MEQ Wil 4 4 MM Fi lL,IN= The pledge of allegiance was led by a local Boy Scout Troop. 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 25, 2005 Councilmember Juenemann moved to approve the minutes from the April 25, 2005 City Council /Manager workshop as presented. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain - Councilmember Monahan - Junek 2. Minutes from City Council Meeting -April 25, 2005 Councilmember Juenemann moved to approve the minutes from the April 25, 2005 as amended. Seconded by Councilmember Koppen Ayes -All � 9 »: Z 6 1 T I M S e] ff i w 4 0 DIM M1. Lawn Care Management Seminar M2. National Police Week M3. Waterfest M4. Cable Commission M5. Homeland Security M6. Ice Arena Update J3. Consolidated Dispatch Update Councilmember Monahan -Junek moved to approve the agenda as amended. Seconded by Councilmember Rossbach Ayes -All F. APPOINTMENTS /PRESENTATIONS 1. Resolution of Appreciation -Jeff Bartol and Daniel Lee a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following resolutions of appreciation for Jeff Bartol and Daniel Lee for their service on the Maplewood Planning Commission: JOINT RESOLUTION OF APPRECIATION05 -05 -066 WHEREAS, Jeff Bartol has been a member of the Maplewood Planning Commission since December 8, 2003 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Jeff Bartol is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. JOINT RESOLUTION OF APPRECIATION 05 -05 -067 WHEREAS, Daniel Lee has been a member of the Maplewood Planning Commission since May 24, 2004 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. City Council 05 -09 -05 NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Daniel Lee is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Koppen Ayes-All G. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1 -10. Seconded by Councilmember Koppen Ayes-All 1. Approval of Claims 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 Payroll Checks and Direct Deposits dated $ 548,629.43 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 City Council 05 -09 -05 3 Final Plat — Cottages at Legacy Village (Hazelwood Street and Legacy Parkway) Approved the final plat for the Cottages at Legacy Village date - stamped April 11, 2005. 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. Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 7 -12 for the County Road D West Improvements: RESOLUTION 05 -05 -069 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. Hazelwood Street Improvements - City Project 03 -39 — Revise bid opening date Rescheduled the bid opening for Hazelwood Street Improvements to Friday, May13, 2005 at 10:30 a.m. Conditional Use Permit Review — Frontline Church (2055 White Bear Avenue) Approved to review the permit for Frontline Church at 2055 White Bear Avenue only if a problem arises. Conditional Use Permit Review — Dearborn Meadows (Castle Avenue and Castle Court) City Council 05 -09 -05 Approved to review the conditional use permit 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. Assignment of Home Loan Payment (Ramsey County /Carefree Cottages) Adopted the following resolution authorizing the new assignments of loan documents for the Carefree Cottages I & II and authorized the mayor and staff to sign the necessary documents to execute the agreements: RESOLUTION 05 -05 -068 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 making 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 making 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 "). Loan. The City desires to assign to the Authority, all of its right, title and interest in the The following documents have been submitted to the City Council for approval: City Council 05 -09 -05 a. Assignment of Tax Increment Financing and Consent of the City of Maplewood (related to Carefree Cottages of Maplewood Limited Partnership); 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. 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 making 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, City Council 05 -09 -05 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 J. Covenants. Representations and Warranties 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; 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. 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. 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 City Council 05 -09 -05 limited to, the low and moderate income requirements set forth in Section 3.3 of the Development Agreement. 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. That the TIF Note and the Development Agreement remain in full force and effect. 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. K. 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. Present Pledge and Assignment 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. 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. 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. 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 afterthe occurrence of an Event of Default hereunder. M. Security Agreement This Agreement constitutes a Security Agreement under the Uniform Commercial Code as adopted in Minnesota (the "Code ") and shall be governed by the Code. City Council 05 -09 -05 N. Events of Default An Event of Default shall occur hereunder upon the following A default or Event of Default occurs under any of the terms of the Note orthe Security Instrument or any other Loan Document; or Failure to comply with or perform any of the terms, conditions or covenants of this Assignment or the Tax Increment Financing Documents; or Any representation orwarranty made by Borrower herein, in the Note, the Security Instrument or in any other Loan Document shall be false, breached or dishonored. O. 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 Providerto thereafter make all payments underthe 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: exercise any of the remedies available to a secured party under the Code; 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; 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. P. 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 underthe 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. Q. 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. City Council 05 -09 -05 R. Amendment The Tax Increment Financing Documents shall not be amended, altered, cancelled, modified, surrendered or terminated without the prior written consent of Lender. S. 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. T. 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. U. Governing Law This Assignment is intended to be governed by the laws of the State of Minnesota. V. 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. W. 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. X. 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, a Minnesota limited partnership By: Mogren Housing Development, LLC Minnesota limited liability company Its: General Partner 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 City Council 05 -09 -05 10 EXHIBIT "A" 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. 2892318) 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 arc 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 feetto 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. EXHIBIT "B" 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, Minnesota limited liability company Its: General Partner By: Bruce Mogren Its: Chief Manager EXHIBIT "C" 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 By: Bruce Mogren Its: Member 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 EXHIBIT "A" 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. 2892318) 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 arc 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 feetto 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. 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. The Project, as defined in the Development Agreement has been fully constructed in accordance with the Development Agreement. 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. 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. 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. 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. 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. 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 , 2005 THE CITY OF MAPLEWOOD, MINNESOTA, a municipal corporation By: Its: Mayor By: Its: City Clerk 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 making 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. Instrument. All terms not defined herein shall have the meanings set forth in the Security 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: 1. 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. 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. 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; notterminate 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 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. Security Agreement 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 default or Event of Default occurs under any of the terms of the Note or the Security Instrument or any other Loan Document; or Failure to comply with or perform any of the terms, conditions or covenants of this Assignment or the Tax Increment Financing Documents; or 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: exercise any of the remedies available to a secured party under the Code; 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; 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 bythe 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. 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, 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 EXHIBIT "A" 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 feetto 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. 2892318) 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 arc 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. EXHIBIT "B" TO ASSIGNMENT OF TAX INCREMENT FINANCING ALLONGE ENDORSEMENT TO TAX INCREMENT REVENUE NOTE FOR VALUE RECEIVED, CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP 11, 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 11 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 11, 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 11, a Minnesota limited partnership By: Mogren Housing Development, LLC Minnesota limited liability company Its: General Partner Bruce Mogren Its: Chief Manager EXHIBIT "C" 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 "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 II, a Minnesota limited partnership By: Mogren Housing Development, LLC 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 EXHIBIT "A" 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 feetto 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. 2892318) 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 arc 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 29 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: 1. That it has received good and valuable consideration forthe 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 30 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 2005 THE CITY OF MAPLEWOOD, MINNESOTA, a municipal corporation 31 By: Its: Mayor By: Its: City Clerk 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 sea. 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 Loan. WHEREAS, Assignor desires to assign to Assignee, all of its right, title and interest in the NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 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 32 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. 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 acknowledged 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 acknowledged 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 33 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 acknowledged 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 acknowledged 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. EXHIBIT "A" 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 underthe laws of the State of Minnesota, all right, title and interest in and to the following described Note: 34 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 By: Its: CITY OF MAPLEWOOD, a Minnesota municipal corporation Mayor By: Its: City Clerk Food Fee Waiver - Maplewood Athletic Association Waived the fee for the Maplewood Athletic Association for their annual baseball pre- season jamboree. Food Fee Waiver - Boy Scout Troop 64 Approved the miscellaneous permit to sell food at Cross Lutheran Church and to waive the $48.00 permit fee. 10. Food Fee Waiver - Boy Scout Troop 187 Approved the miscellaneous permit to sell food at Arlington Hills United Methodist Church and to waive the $47.00 permit fee. H. PUBLIC HEARINGS 1. 7:32 Dahl Avenue Improvements (Woodhill Development) a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. City Council 05 -09 -05 35 Councilmember Rossbach moved to adopt the following resolution ordering the Dahl Avenue Street and Utility Improvements for the Woodhill Development, City Project 05 -10: RESOLUTION 05 -05 -070 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, 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 PAC funds Environmental Utility Fund Total: Seconded by Councilmember $ 570,000 (95%) 21,300 (4%) 8,300 (1 %) $ 599,700 (100 %) Koppen Ayes -All 2. 7:39 p.m. Stop Sign Requests a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Patti Krause, 2517 Forest Street, Maplewood Kirk Davis, 950 Demont Avenue East, Maplewood Kay Moss, 2540 Forest Street, Maplewood Mark Larson, 894 Connor Court, Maplewood Bill Binker, 904 Connor Street, Maplewood City Council 05 -09 -05 36 Patti Krause, second appearance Kay Moss, second appearance Mark Larson, second appearance David Olson, 2431 Holloway Avenue, Maplewood Mayor Cardinal closed the public hearing. Councilmember Rossbach moved denial to make the intersection of Forest Street at Connor Avenue a four way stop. This request may be brought back to council during reconstruction of that street. Seconded by Councilmember Monahan -Junek Ayes - Councilmembers Koppen, Monahan -Junek and Rossbach Nays -Mayor Cardinal Councilmember Koppen moved to approve the installation of an all -way stop at the intersection of Holloway and First Street as a mean to reduce speed and increase safety along Hollowav Avenue. Seconded by Councilmember Rossbach Ayes-All AWARD OF BIDS Sterling Oak Parks Development City Manager Fursman presented the report. Parks and Recreation Director Anderson presented specifics from the report. J. Councilmember Koppen moved to award the Sterling Oaks bid to the low bid of Hoffman & McNamara Company in the amount of $223,746 with the monies to be allocated from the park development fund. Seconded by Councilmember Monahan -Junek Ayes-All UNFINISHED BUSINESS Gladstone North Area Street Improvements -City Project 04 -15 City Manager Fursman presented the staff report. City Engineer AN presented specifics from the report. Richard and Marcile Esbolt, 1970 -1974 Dieter Street, request revised assessment due to multi - family rate applied. (Unattended) Councilmember Rossbach moved to grant revision to assessment. Seconded by Councilmember Koppen Ayes-All Sayed and Kathryn El- Kandelgy, 1476 Eldridge Avenue, request revised assessment due to multi family rate applied. (In attendance) Councilmember Koppen moved to grant a revision to the assessment. Seconded by Councilmember Juenemann Ayes-All City Council 05 -09 -05 37 Gladys Olson, 1999 Clarence Street, requested senior deferment. (Unattended) Councilmember Rossbach moved to approve no revision needed. Assessment has been paid in full. Seconded by Councilmember Koppen Ayes-All Judy Widholm, 1424 Burke Avenue, requests revised assessment due to only one side of frontage being improved at her corner lot. (Unattended) Councilmember Juenemann moved to grant a revision to the assessment. Seconded by Councilmember Koppen Ayes-All Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue, requested revised assessment due to financial hardship. (In attendance) Councilmember Juenemann moved to grant a revision to the assessment. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Nays - Councilmember Monahan -Junek William Priebe, 1366 Eldridge Avenue (152922220052), requests revised assessment due to no street frontage and shared driveway. (Unattended) Councilmember Juenemann moved to deny a revision to the assessment. Seconded by Councilmember Koppen Ayes-All Ellen Cournoyer, 1384 Eldridge Avenue, requests revised assessment due to no street frontage and shared driveway. (Unattended) Councilmember Juenemann moved to deny a revision to the assessment. Seconded by Councilmember Koppen Ayes-All Robert King, 1460 Belmont Lane (152922210070), requests revised assessment due to high cost. (Unattended) Councilmember Monahan -Junek moved to deny a revision to the assessment. Seconded by Councilmember Koppen Ayes-All RESOLUTION 05 -05 -71 ADJUSTMENTS TO ASSESSMENT ROLL 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. City Council 05 -09 -05 38 2. Sayed and Kathryn El- Kandelgy, 1476 Eldridge Avenue, request revised assessment due to multi family rate applied. 3. Gladys Olson, 1999 Clarence Street, requested senior deferment. 4. 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. 7. 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. 2. Sayed and Kathryn El- 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. 5. 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. Ellen Cournoyer, 1384 Eldridge Avenue, (152922220051): Deny revision to assessment as benefit is received. 8. Robert King, 1460 Belmont Lane, (152922210070): Deny revision to assessment as benefit is received. A. The assessment roll for the Gladstone North Area Street Improvements, as amended, is City Council 05 -09 -05 39 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. B. 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. C. 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. D. 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. 2. Springside Drive Extension City Manager Fursman presented the staff report. City Engineer AN presented specifics from the report. Councilmember Monahan -Junek moved to adopt the following resolution approving adjustments to the assessment roll: RESOLUTION 05 -05 -072 ADJUSTMENTS TO ASSESSMENT ROLL 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 City Council 05 -09 -05 40 1. 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. Seconded by Councilmember Koppen Ayes -All 3. Dispatch Consolidation a. City Manager Fursman presented the staff report. b. David Twa, Ramsey County Manager, presented specifics from the report. C. Paul Kirkwald, Project Director for Ramsey County. Mayor Cardinal moved to proceed in the Dispatch Consolidation with Ramsey County and to authorize the purchase of the equipment needed. Seconded by Councilmember Koppen Mayor Cardinal withdrew the motion. K. NEW BUSINESS CUP Revision -Home Depot City Manager Fursman presented the staff report. City Council 05 -09 -05 41 Planner Finwall presented specifics from the report. C. Commissioner Trippler presented the Planning Commission Report. Gregg Barker, representing Home Depot, presented further specifics and answered council questions. Councilmember Monahan -Junek moved to adopt the following resolution approving revisions for the conditional use permit for the property at 2360 White Bear Avenue (Home Depot): CONDITIONAL USE PERMIT REVISION RESOLUTION 05 -05 -073 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. is: WHEREAS, this permit applies to property located at 2360 White Bear Avenue. The legal description 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: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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. City Council 05 -09 -05 42 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 (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. Home Depot shall submit to the city, for review and approval by the Community Design Review Board (CDRB), the proposed design and materials of the screening fences for around the two seasonal 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 122 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. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to instruct staff to notify other businesses in the complex to clean up the area or be charged to the fullest extent permitted by city ordinances. Seconded by Mayor Cardinal Ayes- All Councilmember Juenemann moved to extend the meeting until all items on the agenda are completed. Seconded by Councilmember Koppen Ayes- All 3M Building #278 City Manager Fursman presented the staff report. Planner Finwall presented specifics from the report. City Council 05 -09 -05 43 C. Commissioner Trippler presented the Planning Commission report. Dean Hedlund, Project Manager for 3M was present for council questions. Brandon Bourdon, Kimley -Horn Engineers provided further specifics from the project. Councilmember Monahan -Junek moved to adopt the following resolution approving a conditional use permit for 3M to build their new leadership development institute /customer center building 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 (2350 Minnehaha Avenue): CONDITIONAL USE PERMIT RESOLUTION 05 -05 -074 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. 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. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 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. 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. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. City Council 05 -09 -05 44 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. 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. 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. The proposed development must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. No deliveries are allowed during the hours of 10 p.m. to 6 a.m. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes -All Councilmember Juenemann moved to adopt the following resolution approving the vacation of two unused street right -of -ways located within the 3M Campus property (Meyer Avenue [north /south street right -of -wayl and Margaret Street feast /west street right- of- wayl): STREET VACATION RESOLUTION 05 -05 -075 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. 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. City Council 05 -09 -05 45 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation for the following reasons: It is in the public interest. The street right -of -way is unused. The street right -of -way is not needed for the proposed leadership development institute and customer center building development. Seconded by Councilmember Koppen Ayes -All Councilmember Monahan -Junek moved to adopt the following resolution approving the vacation of a portion of the existing utility easement located within the 3M Campus property: III Y I II0 ry DIEVI DILL I DI►1IRIA[OA11 Y 111014 D6YI] RU Y 11W911d[G SIIIG11 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. 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: It is in the public interest. The utility easement is unused. The utility easement is not needed for the proposed leadership development institute and customer center building development. Approval is subject to the following condition: City Council 05 -09 -05 46 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. Seconded by Councilmember Koppen Ayes-All Councilmember Koppen moved to approve a parking reduction authorization for the proposed 3M Leadership Development Institute /Customer Center building located on vacant 3M Campus Property (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: The parking requirements for office buildings such as this are generally excessive. 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. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Koppen moved to approve the plans date - stamped March 18, 2005, for the 3M Leadership Development Institute /Customer Center building located on vacant 3M Campus Property (2350 Minnehaha Avenue). Approval is subject to the following conditions: Repeat this review in two years if the city has not issued a building permit for this project. 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 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 % 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. Watershed district approval. To ensure the building does not straddle a property line, the applicant must submit documentation that 3M has initiated the process with the Ramsey County Property Tax City Council 05 -09 -05 47 office to combine the two lots 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. 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. 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. j. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Monahan -Junek Ayes -All County Road D Realignment East City Manager Fursman presented the staff report. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve the following Relocation Agreement with BP Pipelines and authorized the Mayor and Manager to enter said agreement, includ8ing authorization of and escrow payment in the amount to $251,000 to cover BP Pipeline's relocation costs: STANDARD RELOCATION AGREEMENT Lower pipeline in place to Accommodate construction of County Road D Re- Alignment Maplewood, MN City Council 05 -09 -05 48 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, 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 City Council 05 -09 -05 49 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 o1 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 City Council 05 -09 -05 50 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 L. Seconded by Councilmember Monahan -Junek Ayes -All VISITOR PRESENTATIONS Florence Carlson, 2383 East Minnehaha Avenue, Maplewood, was disappointed residents were not asked to speak regarding agenda Item K2, 3M Building #278. Jerry Markie, Maplewood, commended Councilmember Rossbach and Assistant City Manager Coleman for presenting an overview on the Gladstone Redevelopment project at the 622 School Board meeting. Mr. Markie also expressed attendance concerns with Councilmember Monahan - Junek. M. COUNCIL PRESENTATIONS 1. Lawn Care Management Seminar - Councilmember Juenemann announced the upcoming seminar on Tuesday, May 10th, 6:00 p.m. to 9:00 p.m. at the Maplewood Community Center and is free and open to the public. This event is sponsored by the Environmental Committee. 2. National Police Week - Councilmember Juenemann reminded citizens May 15` -21S is National Police Week. She encouraged everyone to take this opportunity to thank our officers for the job they do and risks they take every day on our behalf. 3. Waterfest- Councilmember Juenemann informed residents Waterfest will be held May 21'` 10:00 a.m. to 3:00 p.m. at Lake Phalen. 4. Cable Commission - Councilmember Koppen gave a report regarding the cable commission. City Council 05 -09 -05 51 Homeland Security - Councilmember Koppen would like to see Emergency Management a topic at a future meeting. Ice Arena Update - Councilmember Monahan -Junek updated the council on the recent upgrades made to the arena. N. ADMINISTRATIVE PRESENTATIONS Dispatch Newsletter Item -City Manager Fursman reminded the public the Dispatch issue is 'ongoing" and far from a "done deal'. Funeral Procession for St .Paul Sergeant Vick- Police Chief Thomalla informed council White Bear Avenue from Maryland to County Road C will be closed from approximately 1:00 p.m. to 2:00 p.m. on Wednesday, May 11` O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 12:04 a.m. Seconded by Councilmember Monahan -Junek Ayes -All City Council 05 -09 -05 52 AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 23, 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. ACCOUNTSPAYABLE: $ 119,625.15 Checks # 66882 thru # 66939 dated 5110105 $ 161,926.84 Disbursements via debits to checking account dated 4/28/05 thru 5105105 $ 274,633.82 Checks # 66940 thru # 66941 dated 5110105 $ 172,505.05 Checks # 66942 thru # 66983 dated 5/13/05 thru 5/17/05 $ 302,305.59 Disbursements via debits to checking account dated 5/06/05 thru 5/12/05 $ 1,030,996.45 Total Accounts Payable PAYROLL $ 436,829.71 Payroll Checks and Direct Deposits dated 5/06/05 $ 4,378.57 Payroll Deduction check # 101279 thru # 101283 dated 5/06/05 $ 441,208.28 Total Payroll $ 1,472,204.73 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651 - 249 -2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents \Excel \Miscellaneous \05- AprClms 05 -06 and 05 -13 Check Register City of Maplewood vchlist 05/06 /2005 11:29:23 AM Check Date Vendor 66882 66883 66884 66885 66886 66887 66888 66889 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 02074 AHL, R CHARLES 00064 ALDRIDGE, MARK 00111 ANIMAL CONTROL SERVICES INC 03383 APEX TEXTILGRAPHICS INC 01974 BLUE CROSS REFUNDS 03367 CAIN OUSE ASSOCIATION INC 00272 CARVER, NICHOLAS 00358 DGM INC. 66890 66891 66892 66893 66894 66895 66896 66897 66898 66899 66900 66901 66902 66903 66904 66905 66906 66907 66908 66909 66910 66911 66912 66913 66914 66915 66916 66917 66918 66919 66920 66921 66922 66923 66924 66925 66926 66927 66928 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 5/10/2005 00413 DON MARTY'S LANDSCAPING 00427 DUNN, ALICE 00477 ESS BROTHERS & SONS INC 00479 EULL'S MANUFACTURING CO., INC. 02107 FASULO,, WALTER 00499 FAUST, DANIEL 00550 GAMETIME 00585 GOPHER STATE ONE -CALL 00612 GYM WORKS INC 00718 INDEPENDENT SCHOOL DIST #622 00489 INTEREUM INC 00771 JOHNSON, RICK 03384 JONES, MARGIE 00782 KPMG LLP 00827 L M C I T 00393 LABOR & INDUSTRY, DEPT OF 00872 LINDORFF, DENNIS 00902 M E M A 00953 MCCARTHY WELL COMPANY 01946 MEDICA FINANCE DEPT 03296 MILLERBERND MANUFACTURING CO 01090 MIRACLE RECREATION EQUIPMENT 01050 MN NATURALIST ASSN 01027 MN STATE TREASURER 01174 NORTH ST PAUL- MAPLEWOOD- 01202 NYSTROM PUBLISHING CO INC 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 01253 PEOPLES ELECTRICAL - COMMUNICATI 00396 PUBLIC SAFETY, DEPT OF 01385 ROSEVILLE RADIO 03344 ROSSBACH, WILL 03172 RYAN CONTRACTING COMPANY 01418 SAM'S CLUB DIRECT 02118 SCHMIDT, RUSSELL 01455 SHORTREED, MICHAEL 01504 ST PAUL, CITY OF 02981 STORK TWIN CITY TESTING CORP Description /Account REIMB FOR MILEAGE - APR REIMB FOR MEALS & GAS 4/28 & 4/29 ANIMAL CONTROL SERVICES CUSTOM THROWS REFUND AMB PYMT 04004317 SLIPKA PROJ 03-39 PROF SRVS REIMB FOR TEST FEE 4/28 TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW AIR COMPRESSOR TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW FORFEITURE VEH TOW DRILL CAR FURNISH & INSTALL SOD REIMB FOR UNIFORM SANITARY MH & LIDS MANHOLE RINGS, CATCH BASINS, & MIX REIMB FOR BOTTLED WATER REIMB FOR MEALS & TAXI 4/25- 4/27 SLIDE SECTION NET BILLABLE TICKETS- FEB NET BILLABLE TICKETS- MAR REPAIR FREEMOTION CABLE BUILDING SUPERVISION TASK LIGHTING DEER PICK UPS BIRTHDAY PARTY LEADER AUDIT FEES CLAIM DEDUCTIBLE- 11033166 LICENSE RENEWAL REIMB FOR BOOTS ANNUAL PROGRAM 6/8 PUMP PERFORMANCE INSP DUP PYMT -AMB 05003793 D BROWNING PROJ 03-07 SIGNAL TAX - ORDER #14528 PLAYGROUND SLIDES MEMBERSHIPS -3 MONTHLY SURTAX - APR MEMBERSHIP DUES MCC CORPORATE BROCHURE REF DOUG SLIPKA -AMB 04004317 REF STACY STARKKA - AMB 00023213 REF SHARI WEYER - SWIM LESSONS PROJ 03-19 PW BLDG LOCATES INTOXILYZER RECERTIFICATION - 6 RADIO REPAIRS REIMB FOR INTERNET SERVICE PROJ 03-26 LEGACY PRKWY PYMT #6 PROGRAM SUPPLIES PROGRAM SUPPLIES REIMB FOR TUITION REIMB FOR MEALS 4/23 - 4/29 PROJ 03-26 LEGACY VILLAGE PROJ 02 -07 COUNTY ROAD D Amount 88.29 112.57 408.75 2,921.00 309.97 35.00 160.00 122.48 147.48 227.35 228.98 90.53 90.53 90.53 122.48 90.53 90.53 90.53 115.53 122.48 2,450.00 101.55 2,246.09 1,247.71 160.00 98.71 424.60 183.60 368.55 169.55 264.00 75.40 400.00 40.00 6,000.00 1,648.47 20.00 64.88 36.00 105.00 56.28 92.30 896.73 75.00 2,758.60 225.00 708.23 722.49 72.00 55.00 290.72 270.00 113.64 107.85 60,951.24 107.49 125.24 673.49 22.00 3,485.67 855.00 Check Date Vendor Description /Account Amount PROJ 02 -07 COUNTY ROAD D 427.50 66929 5/10/2005 01546 SUBURBAN SPORTSWEAR LLC TSHIRTS 198.00 66930 5/10/2005 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 3,456.60 66931 5/10/2005 01572 SYSTEMS SUPPLY, INC. INKCARTRIDGES 259.79 66932 5/10/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 136.12 66933 5/10/2005 01578 T.R.F. SUPPLY CO. GREASE 430.26 66934 5/10/2005 01618 THOMALLA, DAVID REIMB FOR COURT RECORDING 136.75 66935 5/10/2005 02069 ULTIMATE DRAIN SERVICES INC PROJ 02 -07 TELEVISE MAIN LINE 160.00 PROJ 04-15 TELEVISE MAIN LINE 370.00 66936 5/10/2005 02464 US BANK PAYING AGENT FEES 200.00 PAYING AGENT FEE 350.00 PAYING AGENT FEE 402.50 PAYING AGENT FEES 158.13 66937 5/10/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 118.32 66938 5/10/2005 01190 XCEL ENERGY GAS UTIL 3/23 -4/22 6,102.57 66939 5/10/2005 01798 YOCUM OIL CO. UNL MID -GRADE 89 OCTANE GAS 12,284.99 58 Checks in this report Total checks: 119,625.15 9 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 04/27/05 04/25/05 04/28/05 04/22/05 04/28/05 04/29/05 04/30/05 05/02/05 04/30/05 05/03/05 05/04/05 04/29/05 04/28/05 04/28/05 04/29/05 04/29/05 04/29/05 05/02/05 05/02/05 05/03/05 05/03/05 05/04/05 05/05/05 05/05/05 MN State Treasurer ARC Administration MN State Treasurer WI Dept of Revenue MN Dept of Natural Resources MN State Treasurer US Bank MN State Treasurer Discover MN State Treasurer MN State Treasurer Elan Financial Services' TOTAL Description Drivers License /Deputy Registrar DCRP & Flex plan payments Drivers License /Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License /Deputy Registrar Credit Card fees Drivers License /Deputy Registrar Credit Card fees Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items 'Detailed listings of Elan purchasing card items are attached. Amount 21,704.24 1,183.63 13,173.50 1,589.98 1,594.00 19, 001.40 1,444.21 20, 998.83 115.07 22, 399.43 20, 075.75 38, 646.80 161, 926.84 0 Transaction Review For Transactions posted between 04/16/2005 to 04/29/2005 Post Date Vendor Name 04/21/2005 04/27/2005 04/18/2005 04/19/2005 04/27/2005 04/20/2005 04/25/2005 04/25/2005 04/25/2005 04/18/2005 04/22/2005 04/25/2005 04/26/2005 04/27/2005 04/18/2005 04/18/2005 04/18/2005 04/20/2005 04/20/2005 04/20/2005 04/20/2005 04/20/2005 04/21/2005 04/26/2005 04/29/2005 04/18/2005 04/26/2005 04/18/2005 04/19/2005 04/22/2005 04/28/2005 04/29/2005 04/27/2005 04/28/2005 04/21/2005 04/29/2005 04/19/2005 04/25/2005 04/27/2005 04/18/2005 04/22/2005 04/27/2005 04/20/2005 04/25/2005 04/25/2005 04/29/2005 04/29/2005 04/29/2005 04/18/2005 04/27/2005 04/18/2005 04/18/2005 GRAND VIEW LODGE & TENNIS SPRINT PCS- 996 -SP IVR STREICHERS POLICE EQUIPM CAR X AUTO SERVICE 2312 BEST BUY 00000109 ORIENTAL TRADING CO FACTORY CARD OUTLET #284 TWIN CITIES NOVELTIES JOANN ETC #1970 BEST WESTERN HOTELS MN PHOTO SHRED -IT MN PHOTO HENRIKSEN ACE HARDWARE MINVALCO INC MCKAY DATA SYSTEMS INC CRAMER BLDG SERVICES INC NUCO2 O1 OF Ol NUCO2 O1 OF Ol NUCO2 O1 OF Ol NUCO2 O1 OF Ol NUCO2 O1 OF Ol PARK SUPPLY INC MUSKA LIGHTING CENTER HENRIKSEN ACE HARDWARE NORTHERN TOOL EQUIP -MN AUTOZONE #3082 PIONEER PRESS SUBSCRIPTI PAPER DEPOT FEDEX KINKO'S #0617 PAPER DEPOT FEDEX KINKO'S #0617 RYAN PLUMBING & HEATING OFFICE MAX 00002204 GRAND VIEW LODGE & TENNIS U OF M CCE ON LINE CITY BUSINESS - MINNEAPOLIS FITNESS WHOLESALE INC TIME WARNER CABLE MINNESOTA EROSION CONT OFFICE MAX 00002204 OFFICE MAX 00002204 BEISSWENGER'S CUB FOODS, INC. MCDONALD'S F3117 HILTON LIBERTY TAVERN MSP AIRPORT PA20002002 HILTON HOTEL AUSTIN FEDEX KINKO'S #0617 SENSIBLE LAND USE COAL GLENWOOD - INGLEWOOD THE UPS STORE #2171 Sent ment Amt Cardholder Name 100.00 R CHARLES AHL 30.00 BRUCE K ANDERSON 155.38 SCOTT ANDREWS 213.12 SCOTT ANDREWS 225.71 SCOTT ANDREWS 69.45 MANDY ANZALDI 8.50 MANDY ANZALDI 100.00 MANDY ANZALDI 63.43 MANDY ANZALDI 336.00 JOHN BANICK 4.15 JOHN BANICK 103.23 JOHN BANICK 12.42 JOHN BANICK 9.71 JOHN BANICK 947.25 JIM BEHAN 154.00 JIM BEHAN 737.75 JIM BEHAN 61.77 JIM BEHAN 51.07 JIM BEHAN 86.90 JIM BEHAN 87.33 JIM BEHAN 82.43 JIM BEHAN 391.39 JIM BEHAN 980.16 JIM BEHAN 5.81 JIM BEHAN 37.24 RON BOURQUIN 74.54 RON BOURQUIN 8.30 ROGER BREHEIM 118.53 HEIDI CAREY 76.89 HEIDI CAREY -34.78 HEIDI CAREY 191.70 HEIDI CAREY 815.00 STEVE CARLSON 17.07 STEVE CARLSON 100.00 CHRISTOPHER CAVETT 180.00 CHRISTOPHER CAVETT 78.00 LINDA CROSSON 86.45 LINDA CROSSON 109.79 LINDA CROSSON 195.00 JOHN DUCHARME 20.22 JOHN DUCHARME 5.31 JOHN DUCHARME 141.99 DAVE EDSON 26.92 THOMAS G EKSTRAND 126.95 THOMAS G EKSTRAND 14.37 DANIEL F FAUST 40.00 DANIEL F FAUST 210.95 DANIEL F FAUST 297.88 GREG FINN -30.00 SHANN FINWALL 106.34 DAVID FISHER 11.63 MYCHAL FOWLDS s/s /zoos 5 Post Date Vendor Name Setflement Amt Cardholder Name 04/20/2005 SMITH MICRO TECHNOLOGIES 45.00 MYCHAL FOWLDS 04/25/2005 THAWTE INC 1,079.21 MYCHAL FOWLDS 04/28/2005 OFFICE MAX 00002204 95.89 MYCHAL FOWLDS 04/29/2005 OFFICE MAX 00007054 97.79 MYCHAL FOWLDS 04/29/2005 AFS PC MALL 66.24 MYCHAL FOWLDS 04/29/2005 SOFTWARE HOUSE INTL 1,078.85 MYCHAL FOWLDS 04/29/2005 BATTERIES PLUS 12.52 NICK FRANZEN 04/19/2005 S & T OFFICE PRODUCTS 8.99 PATRICIA FRY 04/26/2005 FEDEX KINKO'S #0617 5.69 VIRGINIA GAYNOR 04/27/2005 DAVANNI'S #9 34.13 VIRGINIA GAYNOR 04/28/2005 FORESTRY SUPPLIERS, INC. 62.94 VIRGINIA GAYNOR 04/21/2005 HENRIKSEN ACE HARDWARE 3.50 DAVID GERMAIN 04/20/2005 SSI SPORTIME 135.57 MIKE GRAF 04/25/2005 CUB FOODS -SUN RAY 44.05 MIKE GRAF 04/18/2005 LAND AND WATER INC 20.00 JANET M GREW HAYMAN 04/22/2005 KNOWLANS #2 13.48 JANET M GREW HAYMAN 04/25 /2005 RAINBOW FOODS 00088526 33.21 JANET M GREW HAYMAN 04/25/2005 KMART 00071068 88.35 JANET M GREW HAYMAN 04/27/2005 THE HOME DEPOT 2801 9.25 MARK HAAG 04/28/2005 HENRIKSEN ACE HARDWARE 9.65 MARK HAAG 04/20/2005 METRO SALES INC O1 OF O1 1,249.31 LORI HANSON 04/20/2005 MENARDS 3022 42.43 GARY HINNENKAMP 04/20/2005 MENARDS 3059 46.76 GARY HINNENKAMP 04/28/2005 MENARDS 3059 12.73 GARY HINNENKAMP 04/18/2005 MEDCO SUPPLY 286.75 RON HORWATH 04/18/2005 AMERICAN RED CROSOI OF Ol 78.00 RON HORWATH 04/25/2005 FEDEX KINKO'S #0617 29.22 RON HORWATH 04/18/2005 FOREST SPRINGS BED & BREA 189.20 STEVE HURLEY 04/18/2005 CHEVRON 00207195 15.94 STEVE HURLEY 04/19/2005 ENTERPRISE RENT -A -CAR 104.33 STEVE HURLEY 04/21/2005 NEXTEL WIRELESS SVCS 182.33 STEVE HURLEY 04/18/2005 MILL END TEXTILES ST PAUL 14.31 ANN E HUTCHINSON 04/25/2005 HENRIKSEN ACE HARDWARE 39.98 DAVID JAHN 04/21/2005 WALTS SHOE SERVICE 50.00 KEVIN JOHNSON 04/28/2005 NAT ASSO OF TOWN WATCH 993.84 FLINT KARIS 04/25/2005 WATER GEAR INC. 93.53 MARY B KOEHNEN 04/18/2005 STREICHERS POLICE EQUIPM 52.08 DAVID KVAM 04/21/2005 STREICHERS POLICE EQUIPM 53.20 DAVID KVAM 04/27/2005 GRACE INDUSTRIES 201.10 DAVID KVAM 04/27/2005 GRACE INDUSTRIES -12.27 DAVID KVAM 04/29/2005 UNIFORMS UNLIMITED INC 39.41 DAVID KVAM 04/18/2005 HYATT REGENCY PIER 66 1,159.98 SHERYL L LE 04/18/2005 LARSONS DECORATING 78.55 MICHAEL LIDBERG 04/18/2005 NORTHERN TOOL EQUIP -MN 2.12 MICHAEL LIDBERG 04/19/2005 DALCO ENTERPRISES, INC 1,232.60 MICHAEL LIDBERG 04/19/2005 DALCO ENTERPRISES, INC 0.43 MICHAEL LIDBERG 04/25/2005 LARSONS DECORATING 33.60 MICHAEL LIDBERG 04/25/2005 FRATTALLONE'S ACE HDWE 7.98 MICHAEL LIDBERG 04/29/2005 FRATTALLONE'S ACE HDWE 9.55 MICHAEL LIDBERG 04/21/2005 MENARDS 3022 10.10 DENNIS LINDORFF 04/22/2005 HIRSHFIELD'S MAPLEWOOD 143.44 DENNIS LINDORFF 04/25/2005 THE HOME DEPOT 2801 41.88 DENNIS LINDORFF 04/25/2005 FERGUSON ENT #1650 145.18 DENNIS LINDORFF 04/18/2005 PF CHANG'S #8400 19.79 STEVE LUKIN 04/18/2005 MARRIOTT INDIANAPOLIS -F /B 29.60 STEVE LUKIN 04/18/2005 MSP AIRPORT PA20002002 33.00 STEVE LUKIN 0 Post Date Vendor Name 04/18/2005 04/20/2005 04/21/2005 04/22/2005 04/27/2005 04/20/2005 04/20/2005 04/21/2005 04/21/2005 04/22/2005 04/25/2005 04/27/2005 04/28/2005 04/29/2005 04/28/2005 04/28/2005 04/29/2005 04/22/2005 04/28/2005 04/18/2005 04/18/2005 04/20/2005 04/22/2005 04/25/2005 04/22/2005 04/22/2005 04/29/2005 04/25/2005 04/25/2005 04/25/2005 04/28/2005 04/19/2005 04/29/2005 04/18/2005 04/18/2005 04/21/2005 04/21/2005 04/21/2005 04/21/2005 04/21/2005 04/22/2005 04/25/2005 04/25/2005 04/25/2005 04/25/2005 04/26/2005 04/29/2005 04/18/2005 04/18/2005 04/18/2005 04/20/2005 04/20/2005 04/20/2005 04/21/2005 04/21/2005 04/21/2005 AMERISUITES INDIANAPOLIS NEXTELSTORES SEC PAGING EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT MOST DEPENDABLE FOU EARL F ANDERSEN INC APOLLO HEATING & VENT CERTIFIED LABORATORIES AQUA CITY IRRIGATION INC HIRSHFIELD'S MAPLEWOOD LTG POWER EQUIPMENT RAINBOW GROUP LLC ALL MAIN STREET ELECTRIC TARGET 00006940 PARTY AMERICA 1018 THE HOME DEPOT 2810 CUB FOODS, INC. ARCH WIRELESS SPRINTPCS AUTOPYMT RCl DEMCO INC USPS 2663650009 S & T OFFICE PRODUCTS RAINBOW FOODS 00088526 S & T OFFICE PRODUCTS REEDS SALES AND SERVICE NORTHWEST LASERS INC DONALDS INC TRI -ANIM HEALTH SERVICES TARGET 00011858 S & T OFFICE PRODUCTS NORMS TIRE SALES, THE HOME DEPOT 2801 RADIO SHACK 00161133 FITZCO INC FEDEX 289 - 510817096 FEDEX 042 - 050009685 FEDEX 060 - 200076448 FEDEX 068 - 150030817 FEDEX 305 - 510817095 BATTERIES PLUS PAC & MAIL OFFICE MAX 00002204 IMS PLUS WOODS & POOLE ECONOMIC FREDPRYOR/CAREERTRACK FEDEX 068 - 150030817 SUNRAY BTB ZARNOTH BRUSH WORKS INC KATH AUTO PARTS SUNRAY BTB MENARDS 3059 KATH AUTO PARTS HENRIKSEN ACE HARDWARE MACQUEEN EQUIPMENT INC MACQUEEN EQUIPMENT INC Setflement Amt Cardholder Name 291.20 STEVE LUKIN 63.35 STEVE LUKIN 17.72 STEVE LUKIN 212.64 STEVE LUKIN 171.25 STEVE LUKIN 399.00 MARK MARUSKA 1,004.51 MARK MARUSKA 349.95 MARK MARUSKA 585.57 MARK MARUSKA 694.00 MARK MARUSKA 68.72 MARK MARUSKA 87.45 MARK MARUSKA 1,500.50 MARK MARUSKA 216.00 MARK MARUSKA 21.28 JON A MELANDER 7.44 JON A MELANDER 38.76 JON A MELANDER 16.44 ALEISA METRY 37.46 ED NADEAU 57.32 BRYAN NAGEL 13.78 JEAN NELSON 6.50 JEAN NELSON 4.81 JEAN NELSON 85.33 JEAN NELSON 36.17 AMY NIVEN 56.78 RICHARD NORDQUIST 239.63 ERICK OSWALD 79.23 MARSHA PACOLT 453.34 KURT PARSONS 19.14 KURT PARSONS 103.97 KATHLEEN PECK HALL 267.00 ROBERT PETERSON 42.16 ROBERT PETERSON 53.67 PHILIP F POWELL 413.86 PHILIP F POWELL 16.50 PHILIP F POWELL 11.77 PHILIP F POWELL 4.83 PHILIP F POWELL 5.29 PHILIP F POWELL 11.00 PHILIP F POWELL 14.64 PHILIP F POWELL 35.35 PHILIP F POWELL 82.53 PHILIP F POWELL 80.95 PHILIP F POWELL 89.50 PHILIP F POWELL 149.00 PHILIP F POWELL 5.00 PHILIP F POWELL 19.82 STEVEN PRIEM 969.68 STEVEN PRIEM -5.33 STEVEN PRIEM 73.55 STEVEN PRIEM 21.45 STEVEN PRIEM 49.82 STEVEN PRIEM 34.82 STEVEN PRIEM 278.48 STEVEN PRIEM 54.51 STEVEN PRIEM 7 Post Date Vendor Name Setflement Amt Cardholder Name 04/22/2005 FACTORY MOTOR PARTS -11.59 STEVEN PRIEM 04/22/2005 POLAR CHEVROLET 165.77 STEVEN PRIEM 04/22/2005 COMO LUBE & SUPPLOI OF 0 154.68 STEVEN PRIEM 04/22/2005 BOYER TRUCKS -PARTS 34.46 STEVEN PRIEM 04/22/2005 FACTORY MOTOR PARTS 10.95 STEVEN PRIEM 04/25/2005 POLAR CHEVROLET 41.26 STEVEN PRIEM 04/26 /2005 KATH AUTO PARTS 33.90 STEVEN PRIEM 04/27/2005 SUNRAY BTB 241.36 STEVEN PRIEM 04/27 /2005 KATH AUTO PARTS 122.52 STEVEN PRIEM 04/27 /2005 KATH AUTO PARTS 48.03 STEVEN PRIEM 04/28/2005 MACQUEEN EQUIPMENT INC 221.39 STEVEN PRIEM 04/29/2005 AMERICAN FASTENER00 OF 00 45.25 STEVEN PRIEM 04/29/2005 SUNRAY BTB -42.69 STEVEN PRIEM 04/29/2005 ZARNOTH BRUSH WORKS INC 286.49 STEVEN PRIEM 04/29/2005 CARQUEST 29.88 STEVEN PRIEM 04/22/2005 PORTABLE COMPUTER SYSTEMS 572.50 KEVIN RABBETT 04/22/2005 DALCO ENTERPRISES, INC 1,352.84 MICHAEL REILLY 04/18/2005 AMERICAN RED CROSOI OF Ol 144.00 AUDRA ROBBINS 04/26/2005 TARGET 00011858 6.91 AUDRA ROBBINS 04/29/2005 WALMART.COM INTERNET O 83.95 AUDRA ROBBINS 04/29/2005 S S S ARTS CRAFT 236.22 AUDRA ROBBINS 04/20/2005 GOPHER BEARING COMPANY IN 107.84 JAMES SCHINDELDECKER 04/29/2005 MENARDS 3059 62.28 JAMES SCHINDELDECKER 04/20/2005 PROSOURCE INC #1 169.00 DEB SCHMIDT 04/25/2005 SHRED -IT 16.65 DEB SCHMIDT 04/18/2005 WW GRAINGER 500 273.90 SCOTT SCHULTZ 04/22/2005 HENRIKSEN ACE HARDWARE 8.70 SCOTT SCHULTZ 04/20/2005 RON'S VIRTUE PRINTI 497.41 ANDREA SINDT 04/28/2005 T- MOBILE 121.22 ANDREA SINDT 04/28/2005 NEXTEL WIRELESS SVCS 381.38 ANDREA SINDT 04/18/2005 THE HOME DEPOT 2801 6.33 SCOTT STEFFEN 04/19/2005 NORMS TIRE SALES, 267.00 RONALD SVENDSEN 04/25/2005 THE HOME DEPOT 2801 51.92 RONALD SVENDSEN 04/28/2005 THE HOME DEPOT 2801 9.04 RONALD SVENDSEN 04/18/2005 PF CHANG'S #8400 19.32 RUSTIN SVENDSEN 04/18/2005 STEAKNSHAKELP #0258 Q99 17.10 RUSTIN SVENDSEN 04/18/2005 AMERISUITES INDIANAPOLIS 291.20 RUSTIN SVENDSEN 04/22/2005 NARDINI FIRE EQUIPMENT 64.70 RUSTIN SVENDSEN 04/26/2005 METRO FIRE 240.29 RUSTIN SVENDSEN 04/28/2005 ICO 94 19010206 10.00 RUSTIN SVENDSEN 04/29/2005 TRI -ANIM HEALTH SERVICES 1,469.70 RUSTIN SVENDSEN 04/19/2005 A.P.I., INC 71.78 LYLE SWANSON 04/20/2005 THE HOME DEPOT 2801 26.86 LYLE SWANSON 04/21/2005 MINVALCO INC 52.54 LYLE SWANSON 04/22/2005 ROCKLER WOODWORK 013 19.24 LYLE SWANSON 04/22/2005 STATE SUPPLY CO. INC 92.34 LYLE SWANSON 04/25/2005 ALL MAIN STREET ELECTRIC 198.00 LYLE SWANSON 04/25/2005 ALL MAIN STREET ELECTRIC 132.00 LYLE SWANSON 04/25/2005 ALL MAIN STREET ELECTRIC 483.21 LYLE SWANSON 04/26/2005 MUSKA LIGHTING CENTER 158.34 LYLE SWANSON 04/26/2005 CONSOLIDATED PLASTICS CO 39.97 LYLE SWANSON 04/27/2005 THE HOME DEPOT 2801 9.20 LYLE SWANSON 04/27/2005 MENARDS 3059 49.93 LYLE SWANSON 04/28/2005 WW GRAINGER 500 96.25 LYLE SWANSON 04/28/2005 SEARS ROEBUCK 1122 88.81 LYLE SWANSON 04/25/2005 QWESTCOMM TN651 348.11 JUDY TETZLAFF 9 Post Date Vendor Name 04/18/2005 BEST WESTERN HOTELS 04/21 /2005 WWW.SHAREITINFO.COM 04/25/2005 FIGARO'S PIZZA 04/18/2005 QUILL CORPORATION 04/28/2005 QUILL CORPORATION Setflement Amt Cardholder Name 168.00 DAVID J THOMALLA 180.00 CHARLES J VERMEERSCH 66.41 JOSEPH WATERS 906.17 SUSAN ZWIEG 179.95 SUSAN ZWIEG 38,646.80 0 Check Register City of Maplewood vchlist 05/13/2005 10:02:09 AM Check Date Vendor 66940 66941 66942 66943 66944 66945 66946 66947 66948 66949 66950 66951 66952 66953 66954 66955 66956 66957 66958 66959 66960 66961 66962 66963 66964 66965 66966 66967 66968 66969 66970 66971 66972 66973 66974 66975 66976 66977 66978 66979 66980 66981 66982 66983 5/10/2005 01894 KELLY & FAWCETT PA 5/10/2005 03385 BP PIPELINES (NO AMERICA) INC 5/13/2005 01038 MN DARE INC 5/17/2005 00014 AT&T 5/17/2005 01908 ADMINISTRATION, DEPT OF 5/17/2005 03284 ADVANCED WATER & SEWER LLC 5/17/2005 02411 ALEX AIR APPARATUS INC 5/17/2005 03387 AMAIN HOMES INC 5/17/2005 00111 ANIMAL CONTROL SERVICES INC 5/17/2005 01936 BERGO, CHAD 5/17/2005 00207 BOYER TRUCKS INC 5/17/2005 00210 BRAUER & ASSOCIATES, LTD 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 5/17/2005 00230 BRYAN ROCK PRODUCTS, INC. 00494 CHILDREN HOME &FAMILY SERVICE 02743 DOBLAR, RICHARD 03365 FRANZEN, NICK 00677 HOME DEPOT- CREDIT SERVICES 02237 IMPERIAL IMPRESSIONS 00809 KONG, TOMMY 00827 L M C I T 03332 MC CARTY, GLEN 01051 MN OCCUPATIONAL HEALTH 01174 NORTH ST PAUL- MAPLEWOOD- 01202 NYSTROM PUBLISHING CO INC 00001 ONETIME VENDOR 00001 ONETIME VENDOR 00001 ONETIME VENDOR 03382 PETE'S WATER & SEWER INC 00396 PUBLIC SAFETY, DEPT OF 03271 R J MARCO CONSTRUCTION INC 03386 SANDEEN, SHARON K 02192 SCHINDELDECKER, JIM 02930 SCHMIDT, DEB 01455 SHORTREED, MICHAEL 01463 SISTER ROSALIND GEFRE 03278 SKRYPEK'S DAIRY QUEEN 03388 STANWAY, ROB 01557 SUPERIOR FORD 02177 U -CARE REFUND 03381 VAIL BUILDERS 01734 WALSH, WILLIAM P. 01750 WATSON CO INC, THE 02462 WEMYSS, SCOTT D 01190 XCEL ENERGY 44 Checks in this report Description/Account PROSECUTION SERVICES -APR PIPELINE RELOCATION AGREEMENT TRAINING 5/21 & 22 MANAGED INTERN ET SERVICE - APR WIDE AREA NETWORK- MAR REF OPEN CUT ESCROW- 2317 CASE AVE COMPRESSOR SRV /MAINT STATION 1 COMPRESSOR SRV /MAINT STATION 3 COMPRESSOR SRV /MAINT STATION 7 REF GRADING ESC - 1910 IDE ST N PATROL & BOARDING FEES 5/2 -5/6 REIMB INTERNET & MILEAGE 4/13- 5/5 2 - 2005 STERLING L -8500 DUMP TRUCKS PROF SRVS - LEGACY PARK PROF SRVS - LEGACY PARK PROF SRVS- APPLEWOOD PARK ROCK YOUTH DIVERSION SRVS -APR REIMB FOR TUITION & BOOKS REIMB INTERNET & MILEAGE 4/4- 5/5 MISC SUPPLIES PARAMEDIC REPORT FORMS REIMB FOR MEALS & LODGING 4/28 & 29 CLAIM DEDUCTIBLE 11051848 REIMB FOR MEALS 4/27 -5/9 PRE - EMPLOYMENT PHYSICALS ROTARY MEMBERSHIP MAPLEWOOD CITY NEWS- MAY REF BRANDON FARGO -AMB 03020827 REF JUAN CHINO - AMB 03020707 REF JOAN ERICKSON - MEMBERSHIP REF GRADING ESC - 1727 RUTH ST N CJDN QUARTERLY INV -1ST QTR CJDN QUARTERLY INV -1ST QTR REF GRADING ESC - 3090 SOUTHLAWN REF GRADING ESC - 1748 GULDEN PL REIMB FOR BOOTS 5/12 REIMB FOR MILEAGE 5/10 REIMB FOR TUITION & BOOKS MCC MASSAGES -APR BIRTHDAY CAKES REIMB FOR SUPPLIES 2005 FORD CROWN VICTORIA SQUAD REFUND AMB 05005231 J WISBAR REF GRADING ESC - 2965 EDWARD ST COMMERCIAL PLUMBING INSP MERCH FOR RESALE NAME TAGS MONTHLY UTIL MONTHLY UTIL MONTHLY UTIL MONTHLY UTIL MONTHLY UTIL Amount 23,633.82 251,000.00 50.00 1,013.60 392.00 1,000.00 547.41 666.69 532.50 1,216.30 543.69 83.45 102,447.32 90.75 184.00 3,050.22 273.97 3,526.08 653.70 63.61 155.61 269.50 93.00 1,122.50 28.75 909.00 175.00 2,281.00 193.30 127.00 5.00 597.67 1,920.00 1,350.00 4,021.34 1,802.72 99.99 24.01 1,679.37 3,141.00 190.25 167.28 20,174.00 456.48 1,000.14 1,886.00 352.00 18.00 311.28 43.53 6,474.19 1,437.33 3,663.52 Total checks: 447,138.87 10 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/05/05 05/06/05 05/05/05 05/05/05 05/06/05 05/06/05 05/06/05 05/06/05 05/09/05 05/06/05 05/10/05 05/06/05 05/11/05 05/09/05 05/06/05 05/06/05 05/06/05 05/06/05 05/09/05 05/09/05 05/09/05 05/09/05 05/10/05 05/10/05 05/11/05 05/11/05 05/12/05 05/12/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Pitney Bowes MN State Treasurer U.S. Treasurer P. E. R. A. Orchard Trust MN State Treasurer MN State Treasurer MN State Treasurer Federal Reserve Bank MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Postage Drivers License /Deputy Registrar Federal Payroll Tax P. E. R. A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar Savings Bonds Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 16,816.23 9,106.10 1,025.00 2,985.00 27, 054.62 90, 012.65 51, 093.47 24, 657.00 21,194.81 17,189.40 21, 424.88 250.00 18, 041.85 1,454.58 302, 305.59 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/06/05 CARDINAL, ROBERT 422.42 dd 05/06/05 JUENEMANN, KATHLEEN 371.77 dd 05/06/05 KOPPEN, MARVIN 371.77 dd 05/06/05 MONAHAN- JUNEK, JACQUELINE 371.77 dd 05/06/05 ROSSBACH, WILLIAM 371.77 dd 05/06/05 COLEMAN, MELINDA 4,233.20 dd 05/06/05 DARST, ROBERTA 1,688.79 dd 05/06/05 FURSMAN, RICHARD 4,638.25 dd 05/06/05 SWANSON, LYLE 1,887.09 dd 05/06/05 LE, SHERYL 4,083.50 dd 05/06/05 RAMEAUX, THERESE 2,353.34 dd 05/06/05 FAUST, DANIEL 4,253.24 dd 05/06/05 SCHMIDT, DEBORAH 1,442.95 dd 05/06/05 ANDERSON, CAROLE 1,538.64 dd 05/06/05 BADMAN, GAYLE 3,335.92 dd 05/06/05 JACKSON, MARY 1,802.95 dd 05/06/05 KELSEY, CONNIE 1,377.61 dd 05/06/05 TETZLAFF, JUDY 1,802.95 dd 05/06/05 FRY, PATRICIA 1,673.35 dd 05/06/05 GUILFOILE, KAREN 2,980.98 dd 05/06/05 OSTER, ANDREA 1,747.66 dd 05/06/05 CARLE, JEANETTE 1,660.56 dd 05/06/05 FIGG, SHERRIE 1,026.72 dd 05/06/05 JAGOE, CAROL 1,616.46 dd 05/06/05 JOHNSON, BONNIE 983.19 dd 05/06/05 MOY, PAMELA 754.42 dd 05/06/05 OLSON, SANDRA 1,200.18 dd 05/06/05 WEAVER, KRISTINE 1,736.55 dd 05/06/05 BANICK, JOHN 3,834.90 dd 05/06/05 CORCORAN, THERESA 1,614.15 dd 05/06/05 POWELL, PHILIP 2,246.22 dd 05/06/05 RICHIE, CAROLE 1,677.57 dd 05/06/05 SPANGLER, EDNA 379.50 dd 05/06/05 THOMALLA, DAVID 4,247.72 dd 05/06/05 ABEL, CLINT 2,201.18 dd 05/06/05 ALDRIDGE, MARK 3,019.27 dd 05/06/05 ANDREWS, SCOTT 2,967.80 dd 05/06/05 BAKKE, LONN 2,416.69 dd 05/06/05 BELDE, STANLEY 2,656.13 dd 05/06/05 BIERDEMAN, BRIAN 2,041.30 dd 05/06/05 BOHL, JOHN 3,214.75 dd 05/06/05 BUSACK, DANIEL 2,478.02 dd 05/06/05 COFFEY, KEVIN 2,106.19 dd 05/06/05 CROTTY, KERRY 2,711.24 dd 05/06/05 DOBLAR, RICHARD 2,694.44 dd 05/06/05 DUNN, ALICE 2,581.58 dd 05/06/05 GABRIEL, ANTHONY 1,778.95 dd 05/06/05 HEINZ, STEPHEN 2,575.93 dd 05/06/05 HIEBERT, STEVEN 2,611.76 dd 05/06/05 JOHNSON, KEVIN 3,707.39 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/06/05 KARIS, FLINT 2,861.92 dd 05/06/05 KONG, TOMMY 2,265.84 dd 05/06/05 KROLL, BRETT 2,273.29 dd 05/06/05 KVAM, DAVID 3,257.27 dd 05/06/05 LARSON, DANIEL 398.69 dd 05/06/05 LU, JOHNNIE 2,776.32 dd 05/06/05 MARINO, JASON 2,489.62 dd 05/06/05 MARTIN, JERROLD 2,419.22 dd 05/06/05 MCCARTY, GLEN 2,023.71 dd 05/06/05 METRY, ALESIA 2,390.83 dd 05/06/05 NYE, MICHAEL 1,620.31 dd 05/06/05 OLSON, JULIE 2,605.32 dd 05/06/05 RABBETT, KEVIN 3,450.09 dd 05/06/05 RHUDE, MATTHEW 1,584.25 dd 05/06/05 STEFFEN, SCOTT 3,225.78 dd 05/06/05 SYPNIEWSKI, WILLIAM 1,584.25 dd 05/06/05 SZCZEPANSKI, THOMAS 2,733.12 dd 05/06/05 WENZEL, JAY 2,510.93 dd 05/06/05 XIONG, KAO 2,407.21 dd 05/06/05 BARTZ, PAUL 2,689.75 dd 05/06/05 BERGERON, JOSEPH 2,981.76 dd 05/06/05 DUGAS, MICHAEL 2,864.74 dd 05/06/05 ERICKSON, VIRGINIA 2,713.98 dd 05/06/05 EVERSON, PAUL 1,865.23 dd 05/06/05 FLOR, TIMOTHY 3,176.02 dd 05/06/05 FRASER, JOHN 2,700.96 dd 05/06/05 HALWEG, JODI 1,860.99 dd 05/06/05 DALLIER, DANIEL 1,465.65 dd 05/06/05 LANGNER, SCOTT 1,913.85 dd 05/06/05 PALMA, STEVEN 2,745.70 dd 05/06/05 PARSONS, KURT 1,932.19 dd 05/06/05 THEISEN, PAUL 2,133.58 dd 05/06/05 THIENES, PAUL 2,621.02 dd 05/06/05 DAWSON, RICHARD 2,126.07 dd 05/06/05 DUELLMAN, KIRK 1,831.44 dd 05/06/05 JOHNSON, DOUGLAS 1,792.15 dd 05/06/05 NOVAK, JEROME 2,348.69 dd 05/06/05 PETERSON, ROBERT 1,882.83 dd 05/06/05 SVENDSEN, RONALD 1,910.18 dd 05/06/05 GERVAIS -JR, CLARENCE 2,757.93 dd 05/06/05 BAUER, MICHELLE 1,514.16 dd 05/06/05 FLAUGHER, JAYME 1,810.15 dd 05/06/05 HERMANSON, CHAD 1,514.15 dd 05/06/05 HUBIN, KENNARD 1,569.35 dd 05/06/05 LAFFERTY, WALTER 1,810.15 dd 05/06/05 LINN, BRYAN 1,944.57 dd 05/06/05 PACOLT, MARSHA 2,339.34 dd 05/06/05 RABINE, JANET 2,140.95 dd 05/06/05 STAHNKE, JULIE 1,810.15 dd 05/06/05 LUKIN, STEVEN 3,731.90 dd 05/06/05 SVENDSEN, RUSTIN 2,991.94 dd 05/06/05 ZWIEG, SUSAN 1,745.35 dd 05/06/05 DOLLERSCHELL, ROBERT 282.07 dd 05/06/05 AHL, R. CHARLES 4,329.30 dd 05/06/05 GROHS, JUDITH 1,752.28 dd 05/06/05 NIVEN, AMY 1,187.82 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/06/05 PRIEFER, WILLIAM 2,604.66 dd 05/06/05 BRINK, TROY 1,655.75 dd 05/06/05 DEBILZAN, THOMAS 1 dd 05/06/05 EDGE, DOUGLAS 1,832.15 dd 05/06/05 JONES, DONALD 1,842.15 dd 05/06/05 KANE, MICHAEL 2,941.68 dd 05/06/05 MEYER, GERALD 1,896.19 dd 05/06/05 NAGEL, BRYAN 2,002.06 dd 05/06/05 OSWALD, ERICK 2,653.23 dd 05/06/05 RUNNING, ROBERT 1,598.95 dd 05/06/05 TEVLIN, TODD 2,029.73 dd 05/06/05 CAVETT, CHRISTOPHER 3,270.46 dd 05/06/05 DUCHARME, JOHN 2,323.66 dd 05/06/05 ENGSTROM, ANDREW 1,554.95 dd 05/06/05 JACOBSON, SCOTT 1,554.95 dd 05/06/05 KNUTSON, LOIS 1,112.86 dd 05/06/05 LABEREE, ERIN 2,274.95 dd 05/06/05 LINDBLOM, RANDAL 2,323.66 dd 05/06/05 MURRA, AARON 243.52 dd 05/06/05 PECK, DENNIS 2,330.59 dd 05/06/05 PRIEBE, WILLIAM 2,325.97 dd 05/06/05 VERMEERSCH, CHARLES 2,210.16 dd 05/06/05 ANDERSON, BRUCE 4,199.42 dd 05/06/05 CAREY, HEIDI 1,991.75 dd 05/06/05 HALL, KATHLEEN 1,749.97 dd 05/06/05 LUND, ERIC 576.00 dd 05/06/05 MARUSKA, MARK 2,649.16 dd 05/06/05 NAUGHTON, JOHN 1,689.75 dd 05/06/05 SCHINDELDECKER, JAMES 1,824.46 dd 05/06/05 BIESANZ, OAKLEY 1,427.29 dd 05/06/05 HAYMAN, JANET 1,262.19 dd 05/06/05 HUTCHINSON, ANN 2,240.46 dd 05/06/05 NELSON, JEAN 1,020.09 dd 05/06/05 SEEGER, GERALD 560.39 dd 05/06/05 GAYNOR, VIRGINIA 1,957.36 dd 05/06/05 EKSTRAND, THOMAS 3,014.19 dd 05/06/05 KROLL, LISA 1,173.56 dd 05/06/05 LIVINGSTON, JOYCE 969.88 dd 05/06/05 SINDT, ANDREA 1 dd 05/06/05 THOMPSON, DEBRA 645.66 dd 05/06/05 YOUNG, TAMELA 1,466.95 dd 05/06/05 FINWALL, SHANN 2,232.55 dd 05/06/05 ROBERTS, KENNETH 2,479.54 dd 05/06/05 CARVER, NICHOLAS 2,728.26 dd 05/06/05 FISHER, DAVID 3,244.09 dd 05/06/05 RICE, MICHAEL 1,846.95 dd 05/06/05 SWAN, DAVID 1,936.55 dd 05/06/05 SWETT, PAUL 988.00 dd 05/06/05 KONEWKO, DUWAYNE 2,600.56 dd 05/06/05 ANZALDI, KALI 492.38 dd 05/06/05 BJORK, ALICIA 84.00 dd 05/06/05 FINN, GREGORY 2,088.02 dd 05/06/05 GOODRICH, CHAD 237.50 dd 05/06/05 GRAF, MICHAEL 1,830.59 dd 05/06/05 KELLY, LISA 1,308.62 dd 05/06/05 OHLHAUSER, MEGHAN 293.75 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/06/05 ROBBINS, AUDRA 2,087.40 dd 05/06/05 SHERRILL, CAITLIN 211.50 dd 05/06/05 TAUBMAN, DOUGLAS 2,797.48 dd 05/06/05 WERNER, KATIE 376.13 dd 05/06/05 BREHEIM, ROGER 1,826.77 dd 05/06/05 GERMAIN, DAVID 1,831.39 dd 05/06/05 NORDQUIST, RICHARD 1,955.35 dd 05/06/05 SCHULTZ, SCOTT 2,044.16 dd 05/06/05 ANZALDI, MANDY 1,032.51 dd 05/06/05 COLEMAN, PHILIP 150.00 dd 05/06/05 COLLINS, ASHLEY 80.00 dd 05/06/05 CRAWFORD - JR, RAYMOND 206.00 dd 05/06/05 CROSSON, LINDA 2,586.54 dd 05/06/05 EVANS, CHRISTINE 733.76 dd 05/06/05 MILES, LAURA 138.60 dd 05/06/05 PELOQUIN, PENNYE 585.47 dd 05/06/05 SCHMIDT, RUSSELL 2,007.26 dd 05/06/05 SCHULZE, BRIAN 522.03 dd 05/06/05 STAPLES, PAULINE 2,898.01 dd 05/06/05 BENDTSEN, LISA 89.55 dd 05/06/05 BRENEMAN, NEIL 391.42 dd 05/06/05 ERICKSON - CLARK, CAROL 90.40 dd 05/06/05 ESTRADA, KIEL 102.00 dd 05/06/05 EVANS, KRISTIN 63.00 dd 05/06/05 FIERRO WESTBERG, MELINDA 83.30 dd 05/06/05 FONTAINE, KIM 790.98 dd 05/06/05 GREDVIG, ANDERS 187.44 dd 05/06/05 HALEY, BROOKE 175.28 dd 05/06/05 HORWATH, RONALD 1,978.42 dd 05/06/05 IRISH, GRACE 213.85 dd 05/06/05 JONES, LACEY 30.38 dd 05/06/05 KOEHNEN, AMY 96.60 dd 05/06/05 KOEHNEN, MARY 1,275.85 dd 05/06/05 KRONHOLM, KATHRYN 346.69 dd 05/06/05 MARUSKA, ERICA 311.64 dd 05/06/05 MATHEWS, LEAH 157.75 dd 05/06/05 NELSON, SIERRA 176.25 dd 05/06/05 OVERBY, ANNA 77.20 dd 05/06/05 POTTRATZ, DIANE 78.60 dd 05/06/05 PROESCH, ANDY 293.89 dd 05/06/05 SCHULTZ, MATTHEW 19.50 dd 05/06/05 SHAW, KRISHNA 113.55 dd 05/06/05 SMITH, ANN 168.75 dd 05/06/05 TUPY, HEIDE 141.40 dd 05/06/05 TUPY, MARCUS 382.53 dd 05/06/05 WERNER, REBECCA 73.50 dd 05/06/05 GROPPOLI, LINDA 357.60 dd 05/06/05 KURKOSKI, STEPHANIE 12.86 dd 05/06/05 BEHAN, JAMES 1,702.83 dd 05/06/05 LONETTI, JAMES 1,072.70 dd 05/06/05 PATTERSON, ALBERT 1,044.92 dd 05/06/05 PRINS, KELLY 979.62 dd 05/06/05 REILLY, MICHAEL 1,580.55 dd 05/06/05 AICHELE, CRAIG 1,867.76 dd 05/06/05 PRIEM, STEVEN 2,068.13 dd 05/06/05 BERGO, CHAD 2,255.29 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/06/05 FOWLDS, MYCHAL 1,976.78 dd 05/06/05 FRANZEN, NICHOLAS 1,512.86 dd 05/06/05 HURLEY, STEPHEN 3,370.74 wf 101177 05/06/05 INGVOLDSTAD, CURTIS 118.75 wf 101178 05/06/05 WORKMAN, ROBERT 56.25 wf 101179 05/06/05 CARLSON, STEVEN 1,838.34 wf 101180 05/06/05 JAHN, DAVID 2,034.60 wf 101181 05/06/05 MORIN, TROY 178.50 wf 101182 05/06/05 MATHEYS, ALANA 1,980.08 wf 101183 05/06/05 GENNOW, PAMELA 208.00 wf 101184 05/06/05 HANSEN, LORI 1,679.75 wf 101185 05/06/05 PALANK, MARY 1,675.26 wf 101186 05/06/05 SVENDSEN, JOANNE 1,835.28 wf 101187 05/06/05 SHORTREED, MICHAEL 3,025.70 wf 101188 05/06/05 STEINER, JOSEPH 606.00 wf 101189 05/06/05 WELCHLIN, CABOT 2,597.24 wf 101190 05/06/05 BADMAN, ANDREW 80.00 wf 101191 05/06/05 GERARD, JAMIE 48.00 wf 101192 05/06/05 RYAN, MICHAEL 60.00 wf 101193 05/06/05 FREBERG, RONALD 1,859.48 wf 101194 05/06/05 JAROSCH, JONATHAN 165.75 wf 101195 05/06/05 EDSON, DAVID 1,859.48 wf 101196 05/06/05 HELEY, ROLAND 1,859.48 wf 101197 05/06/05 HINNENKAMP, GARY 1,832.95 wf 101198 05/06/05 LINDORFF, DENNIS 1,826.77 wf 101199 05/06/05 NOVAK, MICHAEL 1,753.35 wf 101200 05/06/05 BERGREN, KIRSTEN 146.25 wf 101201 05/06/05 GERNES, CAROLE 524.81 wf 101202 05/06/05 SOUTTER, CHRISTINE 233.75 wf 101203 05/06/05 BUSMAN, CHRISTINA 252.00 wf 101204 05/06/05 FREYBERGER, RACHEL 334.00 wf 101205 05/06/05 GRAF, ASHLEY 86.00 wf 101206 05/06/05 ROBBINS, EMERALD 42.00 wf 101207 05/06/05 SHOBERG, KARI 136.13 wf 101208 05/06/05 HAAG, MARK 2,025.44 wf 101209 05/06/05 NADEAU, EDWARD 2,930.14 wf 101210 05/06/05 GLASS, JEAN 1,797.15 wf 101211 05/06/05 HER, CHONG 238.86 wf 101212 05/06/05 NAGEL, BROOKE 288.75 wf 101213 05/06/05 TOLBERT, FRANCINE 265.00 wf 101214 05/06/05 UNGER, MARGARET 545.89 wf 101215 05/06/05 VELASQUEZ, ANGELA 467.25 wf 101216 05/06/05 ZIEMER, NICOLE 430.00 wf 101217 05/06/05 ANDERSON, CALEB 83.60 wf 101218 05/06/05 ANDERSON, JOSHUA 110.50 wf 101219 05/06/05 ANDERSON, JUSTIN 136.50 wf 101220 05/06/05 BOTHWELL, KRISTIN 61.20 wf 101221 05/06/05 BRENEMAN, SEAN 180.48 wf 101222 05/06/05 BRIM, LAUREN 40.50 wf 101223 05/06/05 CLARK, PAMELA 34.00 wf 101224 05/06/05 COSTA, JOSEPH 362.25 wf 101225 05/06/05 DEMPSEY, BETH 139.80 wf 101226 05/06/05 DUNN, RYAN 667.75 wf 101227 05/06/05 FENGER, JUSTIN 43.58 wf 101228 05/06/05 GRANT, MELISSA 193.03 wf 101229 05/06/05 GRUENHAGEN, LINDA 770.90 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101230 05/06/05 HJELMGREN, NICOLE 40.50 wf 101231 05/06/05 HOULE, DENISE 44.60 wf 101232 05/06/05 LAUMER, MELISSA 27.00 wf 101233 05/06/05 LEMAY, KATHERINE 120.25 wf 101234 05/06/05 LUTZ, CHRISTINA 94.25 wf 101235 05/06/05 MCCANN, NATALIE 41.25 wf 101236 05/06/05 MELLEN, CHRISTOPHER 67.50 wf 101237 05/06/05 OLSON, MARGRET 135.80 wf 101238 05/06/05 PETERSON, ANNA 113.75 wf 101239 05/06/05 ROSTRON, ROBERT 52.00 wf 101240 05/06/05 RYDEEN, ARIEL 198.15 wf 101241 05/06/05 SCHMIDT, EMILY 39.00 wf 101242 05/06/05 SCHOENECKER, SAMANTHA 123.50 wf 101243 05/06/05 SCHREINER, MICHELLE 176.83 wf 101244 05/06/05 SMITLEY, SHARON 287.40 wf 101245 05/06/05 STAHNKE, AMY 84.25 wf 101246 05/06/05 TRUE, ANDREW 289.15 wf 101247 05/06/05 WARNER, CAROLYN 287.40 wf 101248 05/06/05 WEDES, CARYL 140.10 wf 101249 05/06/05 WELTER, ELIZABETH 165.00 wf 101250 05/06/05 WHITE, NICOLE 711.60 wf 101251 05/06/05 WOODMAN, ALICE 133.28 wf 101252 05/06/05 BOSLEY, CAROL 132.30 wf 101253 05/06/05 DOBBS, SYDNEY 36.00 wf 101254 05/06/05 HAGSTROM, EMILY 149.50 wf 101255 05/06/05 LEWIS, AMY 180.25 wf 101256 05/06/05 ODDEN, JESSICA 37.68 wf 101257 05/06/05 CIE, REBECCA 54.80 wf 101258 05/06/05 PARAYNO, GUAI 179.45 wf 101259 05/06/05 SATTLER, MELINDA 12.00 wf 101260 05/06/05 STODGHILL, AMANDA 69.00 wf 101261 05/06/05 VAN HALE, PAULA 196.95 wf 101262 05/06/05 WALKER, DAPHINE 64.75 wf 101263 05/06/05 BALDWIN, JANA 86.45 wf 101264 05/06/05 DOUGLASS, TOM 1,080.17 wf 101265 05/06/05 HER, PHENG 222.80 wf 101266 05/06/05 MARGOT, NICHOLAS 25.40 wf 101267 05/06/05 O'GRADY, VICTORIA 123.03 wf 101268 05/06/05 O'GRADY, ZACHARY 31.28 wf 101269 05/06/05 OLSON, CHRISTINE 6.65 wf 101270 05/06/05 SIMPSON, JOSEPH 51.80 wf 101271 05/06/05 SIMPSON, KIMBERLYN 116.38 wf 101272 05/06/05 THEESFELD, CALEB 79.80 wf 101273 05/06/05 VAIL, LUCILLE 57.15 wf 101274 05/06/05 VANG, KAY 123.03 wf 101275 05/06/05 YANG, TIM 82.05 wf 101276 05/06/05 WALSH, AMANDA 34.93 wf 101277 05/06/05 ZIMMERMAN, STEPHEN 172.90 wf 101278 05/06/05 WOEHRLE, MATTHEW 1,542.95 436,829.71 17 Agenda Item G2 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Ed Nadeau, Utility /Fleet Superintendent SUBJECT: Purchase of Single -Axle Plow Truck Bodies and Plow /Wing Attachments DATE: May 9, 2005 INTRODUCTION The 2005 Public Works capital outlay budget includes funds for replacement of two 1991 single -axle plow trucks with attachments. The truck chassis were purchased from Boyer Ford for $120,978 (approved in January 2005) and are scheduled for delivery in May. Purchase of the bodies and wing attachments is recommended for approval. Background The Public Works Fleet Management Division requested proposals to equip the plow trucks with dump bodies and plow /wing attachments. The state bid prices were received from Aspen Equipment for two dump bodies at a cost of $74,283.73, and J -Craft Truck Equipment for two plow /wing attachments at a cost of $37,196.19, tax included on both bids. The original budget for purchase of the entire assembly of truck, body and attachments for these two vehicles was estimated at $215,140. Following is a summary of the purchase: 2 Truck Chassis (approved Jan 05): $120,978.00 Trade -in of 2 existing trucks: -$ 18,531.00 Purchase of Truck bodies: $ 74,283.73 Purchase of plow /wings: $ 37,196.19 Total Expenditure $213,926.92 RECOMMENDATION It is recommended that the city council authorize entering into a contract with Aspen Equipment, under State Contract #433309, for two dump bodies at a cost of $74,283.73 and J -Craft Equipment, under State Contract #433312, for the purchase of two plow /wing attachments at a cost of $37,196.19. Agenda Item G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Engineer 1 SUBJECT: Gladstone North Area Street Improvements, City Project 04 -15 Resolution Approving Application for Easement across State Land DATE: May 10 2005 INTRODUCTION As part of the Gladstone North Area Street Improvements, five trail connections to the DNR Gateway Trail have been proposed. The trail connections will be constructed on state property along with some storm sewer improvements and the reconstruction of a small portion of Barclay Street that currently lies on state land. The DNR requires the city to make application for an easement across state land. The easement application requires a resolution from the city council approving the application for easement across state land. The city council will consider a resolution approving the application for the DNR easement Background There are several locations in the Gladstone North Area Street Improvement Project where the city is planning on constructing trail connections and storm sewer within the DNR property. A small portion of Barclay Street also exists on state property. Before the city can proceed with construction on state property, the city must obtain a temporary easement for construction purposes and a permanent easement over the city's trail connections, storm sewer and street. The DNR requires the city council pass a resolution approving the Application for Easement across State Land as part of the application process. A set of plans detailing the trail connections, storm sewer and street construction is available in the office of the city engineer. RECOMMENDATION It is recommended that the city council approve the attached resolution Approving Application for Easement across State Land. Attachments — Resolution Location Map Application for Easement across State Land Agenda Item G3 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING APPLICATION FOR EASEMENT ACROSS STATE LAND WHEREAS, the City of Maplewood wishes to construct trail connections, storm sewer and reconstruct a portion of Barclay Street within state land, WHEREAS, the trail connections, storm sewer and street will be located within the corporate limits of Maplewood, WHEREAS, the City of Maplewood will be granted a temporary easement for the purpose of constructing said trail connections, storm sewer and the reconstruction of a portion of Barclay Streets and a permanent easement over the trail connections, storm sewer and Barclay Street pending the receipt of a Resolution Approving the Application for Easement across State Land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESTOA THAT: The City of Maplewood approves the Application for Easement across State Land. Adopted by the City Council of Maplewood this 23 '' day of May, 2005 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 Easement No. 133 - Project Number pq._t 5 STATE OF MINNESOTA APPLICATION FOR EASEMENT ACROSS STATE LAND (SUBMIT 4 COPIES OF THE APPLICATION AND ATTACHMENTS) It is permssible for the agency /governmental unittindividual requesting an easement to make preliminary contact with the Area or Region (local unit manager) concerning land ownership, planned routes, or other matters affecting such an easement. These should be handled in the best routine manner, but this official application must come to the Minnesota Department of Natural Resources, Division of Lands and Minerals, 500 Lafayette Road, St. Paul, MN 55155 -4045. For additional information, call (651) 296 -4097. Name dApplicant(PRINT OR TYPQ City of Maplewood Address (Mailing and Location) 1902 County Road 'B East Contact Person Erin Laberee Telephone No 651 - 2492404. The applicant herein applies pursuant to M.S. 84.63, M.S. 84.631 and other applicable statutes for an Easement to Cross State Land described below, in accordance with all maps, plans, specifications and other supporting data submitted with this application and made a part hereof. 1. EASEMENT: (mark appropriate box) ❑✓ Construction ❑ Reconstruction ❑ Other Please specify 2. Number consecutively and identifyfully each easement applied for. No. Govt. Lot or 1/4 1/4 Sec Twp Rge County Type of Easement (Permanent or Temporary) Total Acres Date of Completion (if Temporary) 1 15 29 22 Ramsey Permanent 0.01 2 NW 114 15 29 22 Ramsey Permanent 0.01 NW 114 15 29 22 Ramsey Permanent 0.01 4 NW 1/4 15 29 22 Ramsey Permanent 0.01 5 NW 114 15 29 22 Ramsey Permanet' 0.01 3. Provide a detailed legal description and map for each easement applied for. For construction or re- construction easement applications, include construction plans and profiles. 4. If government entity, attach County Board or Township resolution. 5. Minimum Fee: ❑ $500.00 attached. If the easement is denied prior to field review and appraisal, the entire application fee will be refunded. If the easement is denied afterfield reviewand appraisal, $400.00 will be refunded. No action will be taken on this application until the fee is submitted. Minimum fees will be credited to the actual easement cost. Make check payable to the Department of Natural Resources. Any written correspondence from the Department of Natural Resources relating to this proposed project must be included with this application and will become a part of this easement record. Environmental and archeological reviews must be completed before easement can be acted on. Agenda Item G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Engineer 1 SUBJECT: Gladstone North Area Street Improvements, City Project 04 -15 Resolution Approving Conditions of the Magellan Pipeline Encroachment Agreement DATE: May 6, 2005 INTRODUCTION As part of the Gladstone North Area Street Improvements, the city is planning on constructing new storm sewer throughout the neighborhood. There are two locations where the city's storm sewer will need to encroach into the Magellan easement. An Encroachment Agreement is needed from Magellan Pipeline to proceed with the construction of the storm sewer. The city council will consider a resolution approving the conditions of the Magellan Pipeline Encroachment Agreement and authorizing the Mayor to sign the agreements. Background Final action on the agreement requires that the city council pass a resolution approving the Encroachment Agreement and authorizing the Mayor to sign the agreement. A draft copy of the Encroachment Agreement is attached that binds the city to the terms and provisions of the agreement which includes the approved encroachments, no additional encroachments, a Magellan on -site representative, protection of Magellan facility, breach of agreement provision, contractors insurance, indemnification and Magellan's rights. A set of plans detailing the storm sewer crossing is available in the office of the city engineer. As part of the Encroachment Agreement, Magellan Pipeline requires the contractor to carry Worker's Compensation insurance with a $1,000,000 limit and Commercial or Comprehensive General Liability insurance with a combined limit of $5,000,000. A change order may be required to compensate the contractor for extra costs incurred for additional insurance coverage. RECOMMENDATION It is recommended that the city council approve the attached resolution approving the conditions of the Encroachment Agreement and authorizing the mayor to sign the agreement with Magellan Pipeline. Attachments: 1. Resolution 2. Location Map 3. Magellan Pipeline Encroachment Agreement Agenda Item G4 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING CONDITIONS OF THE ENCROACHMENT AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN THE ENCROACHMENT AGREEMENT WITH MAGELLAN PIPELINE WHEREAS, the City of Maplewood wishes to construct storm sewer within the Magellan Pipeline easement at the intersections of Birmingham Street and Eldridge Avenue and Barclay Street and Eldridge Avenue. WHEREAS, the storm sewer will be located within the corporate limits of Maplewood, WHEREAS, the City of Maplewood will be granted an approved Encroachment Agreement for the purpose of constructing said storm sewer, pending the receipt of a Resolution Approving the Conditions of the Encroachment Agreement and Authorizing the City Mayor and City Manager to sign the Encroachment Agreement with Magellan Pipeline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESTOA THAT: The City of Maplewood agrees to the terms and provisions of the Magellan Pipeline Encroachment Agreement. The City further assumes all liabilities, obligations or responsibilities described in Encroachment Agreement and pertaining to the construction maintenance, operations and supervision of the storm sewer crossing at the intersections of Birmingham Street and Eldridge Avenue and Barclay Street and Eldridge Avenue. The City of Maplewood authorizes the Mayor to sign the Encroachment Agreement with Magellan Pipeline. Adopted by the City Council of Maplewood this 23 '' day of May, 2005 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 G4 (Drafted by &when filed return to: Magellan Pipeline Company, L.P., P.O. Box 22186, MD 27 -2 (S. Guthrie), Tulsa, Oklahoma 74121-2186,918/574-7350.) ENCROACHMENT AGREEMENT This Encroachment Agreement ( "Agreement ") is made and entered into by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is P.O. Box 22186, Tulsa, Oklahoma, 74121 -2186, (hereinafter called "Magellan "), and City of Maplewood, a Minnesota municipality, whose mailing address is 1902 County Road B East, Maplewood, Minnesota 55109 , its heirs, successors, assigns and grantees (hereinafter called "City "). WITNESSETH: WHEREAS, City represents and warrants that City owns the right to construct "ENCROACHMENTS UNDER REVIEW" on all the certain land (hereinafter "Subject Land "), described on attached Exhibit "A" and made a part hereof, and WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances (hereinafter referred to as the "Magellan Facilities ") and easement rights therefore, (hereinafter referred to as the "Easement ", whether or not rights were granted in one or more documents or acquired by operation of law). For purposes of this Agreement only, "Magellan's Easement Tract" shall be considered to be any area within Fifty (50) feet of any Magellan Facilities, unless a different right of way tract width is specifically described in the Easement, in which case such specified width shall define Magellan's Easement Tract. The land referenced in the Easement includes a portion of the Northwest Quarter of the North half of Section 15, T -29 -N, R -22 -W, Ramsey County, Minnesota, pursuant to those certain instruments recorded in the records of said county and state and described as follows: "REVIEWING RELEVANT DOCUMENTS" WHEREAS, for the purposes of this Agreement an "Encroachment" is defined as any use of the land within Magellan's Easement Tract by someone other than Magellan which could interfere with Magellan's Easement rights or could create safety concerns related to Magellan's Facilities as more fully described in Magellan's General Encroachment Requirements as set forth in attached Exhibit `B" and incorporated herein by reference. Magellan does not permit or authorize any Encroachments unless specifically approved in a written agreement identifying all "Approved Encroachments "; and WHEREAS, City desires to obtain Magellan's consent for one or more Encroachments on Magellan's Easement Tract; NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Magellan, subject to the following terms and provisions, hereby consents to the Encroachments listed below as "Approved Encroachments" described and limited pursuant to the following specified plan drawings, which were furnished by City to Magellan ( "Plan Drawings ") and attached hereto as Exhibit "C ": Agenda Item G4 TERMS AND PROVISIONS 1. Approved Encroachments. The Approved Encroachments, as further identified, described and limited in the Plan Drawings as set forth in Exhibit "C" are limited to the following: (a) "ENCROACHMENTS UNDER REVIEW" 2. No Other Encroachments. Except for the Approved Encroachments as defined in the Agreement, City shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan's Easement Tract, or change the grade or elevation of the ground surface within Magellan's Easement Tract or at any time plant or allow any trees thereon or cause or permit any of these to be done by others, without the express prior written permission of Magellan. 3. Magellan On -Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan's Easement Tract so that Magellan may arrange to have a representative present. At Magellan's option and at City's sole cost and expense, Magellan's representative may be on site during all Encroachment activities over or within ten feet (10') of the Magellan Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of Magellan's representative or any verbal instructions given by such representative shall not relieve City of any liability under the Easement or this Agreement, and will not change the terms of the Easement or this Agreement, which may only be changed by written agreement by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection and /or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan Facilities is jeopardized, in Magellan's sole judgment, City shall stop all construction activities on Magellan's Easement Tract until said repairs are completed or until any unsafe construction practices are resolved to the satisfaction of Magellan's on -site representative. Written notification of such construction activity shall be made to MAGELLAN PIPELINE COMPANY, Coordinator of Operations & Maintenance, Howard White at 2451 West County Road C, St. Paul, MN 55113, Office:(651) 633 -9339, Cell: (612) 759 -9452, Fax: (651) 633 -8217, or such other representative of Magellan, which Magellan may from time to time designate. 4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating and backfilling become necessary within Magellan's Easement Tract. If excavating within 2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on -site representative, City shall perform any necessary digging or excavation operations by hand digging. City shall reimburse Magellan for all costs of having a representative of Magellan on -site during construction activities related to the Approved Encroachments. 5. Breach. If either City or Magellan breaches this Agreement and the non - breaching party commences litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and expenses will be payable to the non - breaching party by the breaching party upon demand, for all claims upon which the non - breaching party prevails. Agenda Item G4 6. Insurance. City shall procure or cause its contractors and subcontractors to procure and maintain in force throughout the entire term of this Agreement insurance coverage described below with insurance companies acceptable to Magellan for work performed related to the construction of the Approved Encroachments. All costs and deductible amounts will be for the sole account of the City or its contractors and subcontractors. Prior to commencing any activities related to the construction of the Approved Encroachments, the City must deliver to Magellan certificate(s) of insurance. Non - renewal or cancellation of policies must be effective only after Magellan receives written notice from the insurance company thirty (30) days in advance of such non - renewal or cancellation. The limits set forth below are minimum limits and will not be construed to limit the City's liability: (a) Workers' Compensation insurance complying with the laws of the State or States having jurisdiction over each employee and Employer's Liability insurance with limits of $1,000,000. (b) Commercial or Comprehensive General Liability insurance on an occurrence form with a combined single limit of $5,000,000 each occurrence and project specific annual aggregates of $5,000,000. Coverage must include premises /operations, independent contractors, blanket contractual liability, and products /completed operations coverage, broad form property damage, personal injury, and sudden and accidental pollution; such coverage must be maintained for two (2) years following completion of work activities related to the construction of the Approved Encroachments. Magellan, its affiliated companies, and its and their respective directors, officers, partners, members, shareholders, employees, agents and contractors shall be included as additional insureds. (c) In each of the above policies, the City or its contractors and subcontractors agree to waive and will require its insurers to waive any rights of subrogation or recovery either may have against Magellan and its affiliated companies. (d) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of any such insurance company providing insurance for the City or its contractors and subcontractors, or the failure of any such insurance company to pay claims that occur, such requirements, insolvency, bankruptcy or failure will not be held to waive any of the provisions hereof. (e) In the event of a loss or claim arising out of or in connection with the construction of the Approved Encroachments, the City agrees, upon request of Magellan, to submit a certified copy of its insurance policies for inspection by Magellan. (f) The City shall require all of its contractors and subcontractors for work related to the construction of the Approved Encroachments to provide adequate insurance coverage, all to be endorsed with the Waiver of Subrogation wording referenced in Section (c) above; any deficiency in the coverage, policy limits, or endorsements of said contractors and subcontractors, shall be the sole responsibility of the City. 7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated companies, directors, officers, partners, employees, agents and contractors from any and all environmental and non - environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings), judgments, decrees and orders resulting from City's breach of this Agreement or caused by or as a Agenda Item G4 result of the construction, use, maintenance, existence or removal of the Approved Encroachments and Other Encroachments located on the Magellan Easement Tract The presence of Magellan's representative or any instructions given by such representative will not relieve City of any liability under this Agreement, except to the extent that such liability results from Magellan's or its representative's gross negligence or willful misconduct. 8. Damage or Loss. City covenants that: (a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy, utilize, move or remove all or portions of the Approved Encroachments placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing the size of a pipeline(s) and appurtenances on Magellan's Easement Tract and such activities by Magellan result in damage to or destruction of the Approved Encroachments, then repair, replacement or restoration of such Approved Encroachments shall be at the sole cost and responsibility of City. (b) If at any time, any encroachments belonging to or permitted by City which are not authorized by this or another written agreement ( "Other Encroachments ") are found to be on Magellan's Easement Tract, Magellan may at any time request City to remove such Other Encroachments, and if City refuses or fails to do so within a reasonable time, Magellan's may remove them from Magellan's Easement Tract to a location off of Magellan's Easement Tract at City's expense, unless they are allowed to remain by a written agreement between Magellan and City. Should such removal activities by Magellan result in damage to or destruction of the Other Encroachments, then repair, replacement or restoration of such Other Encroachments shall be at the sole cost and responsibility of City, and such Other Encroachments may not be repaired, replaced or rebuilt on Magellan's Easement Tract without a written agreement between Magellan and City. (c) If during the exercise of the rights granted by the Easement or by this Agreement, the Approved Encroachments and Other Encroachments, if any, are damaged, destroyed or suffer loss of value, City agrees to release Magellan, its affiliates, and its and their respective directors, officers, members, partners, shareholders, employees, agents and contractors from and against any and all liabilities, and damages or losses which may arise as a result of the damage to or loss of use of the Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees, agents and contractors. 9. Magellan Rights. Magellan and City agree that the existence of the Approved Encroachments or this Agreement does not constitute a waiver of Magellan's rights under the Easement Magellan hereby reserves and City hereby grants and confirms all of Magellan's rights, title and estate as set forth in the Easement 10. The terms and conditions of this Agreement will constitute covenants running with the land and be binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. This Agreement shall become effective upon its complete execution by the parties hereto. Agenda Item G4 11. (Example of a Unique or Specific Provision) Water Diversions. City shall install water diversions at locations specified by Magellan's Coordinator of Maintenance to prevent erosion of the soil from Magellan's Easement Tract. Agenda Item G4 IN WITNESS WHEREOF, the parties have set their hands on the dates expressed below. MAGELLAN PIPELINE COMPANY, L.P By: Magellan Pipeline GP, LLC, its general partner By: Name: Title: Authorized Signatory for Company Date: .2005 CITY OF MAPLEWOOD A Minnesota municipality By: Name: Robert Cardinal Title: Mayor Date: . 2005 Agenda Item G4 STATE OF OKLAHOMA ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this day of , 2005, personally appeared , to me personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a Delaware limited liability company, who being duly sworn did acknowledge to me that he /she executed the foregoing instrument on behalf of said limited liability company as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My commission expires: STATE OF MINNESOTA ) SS COUNTY OF RAMSEY ) Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this day of ' 2005, personally appeared ROBERT CARDINAL to me known personally to be the Mayor of the CITY OF MAPLEWOOD, a Minnesota municipality, who being duly sworn did acknowledge to me that he /she executed the foregoing instrument on behalf of said City of Maplewood as the free and voluntary act and deed of said City, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My Commission Expires: Agenda Item G4 EXHIBIT "A" SUBJECT LAND The North half of the Northwest Quarter of Section 15, T -29 -N, R -22 -W, Ramsey County, Minnesota. Agenda Item G5 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJECT: Request for Proposals (RFP) for City's Recycling Services DATE: May 12, 2005 INTRODUCTION The city is currently preparing to accept Request for Proposals (RFP) from contractors to operate the city's recycling program. The Environmental Committee and city staff have been working on the development of this RFP for the past five months. The current recycling contract expires on December 31, 2005. Staff anticipates that the city will select a recycling contractor by September /October of 2005 and they will begin work under the new contract on January 1, 2006. A meeting has been scheduled on May 19` with the city's attorney and representatives from the Environmental Committee to review the latest draft of the proposed RFP. When we complete this review process with the city's attorney, a copy of the RFP will be forwarded to you ahead of the city council meeting on May 23''. The purpose of having this item on the meeting on May 23'' is for informational purposes only and to incorporate any changes you may have for the RFP. The city council will have a formal discussion at the June 13, 2005, meeting where staff will be requesting council approval to release the RFP. BACKGROUND State law requires all counties to ensure that all residents have an opportunity to recycle (Minnesota Waste Management Act, Minnesota Statutes, Section: 115A.552 "Opportunity to Recycle "). Ramsey County is requiring all cities within the county to assure all multi - family residential properties offer recycling services to their tenants. If cities choose not to implement this requirement, Ramsey County will reduce the amount of state grant money these cities receive to help finance their municipal recycling programs. QI; -1fl1PIAIQL I One of the primary goals of the RFP will be consideration of the capability of the contractor to work with the city to increase recycling participation at multi - family residential properties. Other goals of the RFP are to enhance service and to increase recycling tonnage collected from single family residential properties. RECOMMENDATION Review the draft Request for Proposal (RFP) for recycling services for the city and provide comments or changes to city staff. Any such changes will be incorporated into the final version of the RFP. Agenda Item H1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Civil Engineer 1 SUBJECT: Hazelwood Street Improvements, Project 03 -39 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: May 16, 2005 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the June 13, 2005 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Background The project involves the reconstruction of 0.4 miles of Hazelwood Street with associated storm sewer construction, sidewalk construction, decorative lighting installation and traffic signal modifications. The area south of St. John's Boulevard is primarily commercial. In this area, the street will be widened to include a northbound, right turn lane and center left turn lanes. The area north of St. John's Boulevard is primarily residential. The street narrows to 28 -feet wide. The use of the narrower street and center entrance island will provide traffic calming for the residential area. Two parking bays are provided adjacent to the Southwinds town home project. The parking bay construction has been paid by Southwinds as part of the development agreement and property sale agreement. The proposed assessments for the Hazelwood Street Improvements total $326,941. This assessment amount is different from what was proposed at the public hearing for the feasibility study on November 22, 2004. Developer agreements between the city and Southwinds Builders under Project 04 -12 allowed for their portion of the original assessments to be covered with tax abatement revenues from their development, contingent on satisfaction of the conditions of that agreement. Southwinds is currently meeting all requirements of their development agreement. The project financing plan was revised and approved by the council on April 25, 2005. A copy of the assessment roll is provided as a supplement to this report. As outlined in the feasibility study, the assessments are based on the standard rates approved for the 2005 construction season, and are as follows: • Commercial street assessment = $87.60 per front foot • Commercial storm assessment = $13.60 per front foot Agenda Item H1 City Council Agenda Background Hazelwood Assessment Hearing May 23, 2005 Page Two Objections Filed As of May 16, 2005, staff has received no written objection to the proposed assessments. Budget Impact There would be no impact to the approved budget based on the above recommendation. The proposed assessments to these properties were included in the revised financing plan, which was approved on April 25, 2005. There is no tax levy funding for this project, as funding is through assessments and state aid funds. :7xK61LUILU140 DEN III N 0 It is recommended that the city council approve the attached resolution for the adoption of the assessment roll for the Hazelwood Street Improvements, Project 03 -39. Attachments: Assessment Roll Resolution: Adoption of the Assessment Roll Location Map Mairimood MN CITY PROJECT 03 -39 Ha elwood St. Impmvemer( HAZELWOOD STREET IMPROVEMENTS City Pq.e t03 -39 4/192005 ASSESSMENT ROLL Parcel ID '.Owner Name 1 Owner Street Address Commercial Street and Storm Assessment 32922240013 DESOTO ASSOCIATES P O BOX 17830 $29,550.40 32922240014 DESOTO ASSOCIATES P O BOX 17830 $75,394.00 32922130011 ST.JOHNS NORTHEAST COMM HOSP 2696 HAZELWOOD AVE $125,488.00 32922210007 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210008 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210009 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210010 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210011 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210012 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210013 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210014 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210015 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210016 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210017 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210018 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210019 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210020 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210021 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210022 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210023 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210024 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210025 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210026 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210027 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210028 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210029 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210030 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210031 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210032 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210033 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210034 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210035 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210036 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210037 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210038 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210039 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210040 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210041 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210042 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210043 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210044 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210045 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210046 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210047 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210048 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210049 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210050 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210051 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210052 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210053 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210054 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210055 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210056 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210057 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210058 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210059 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210060 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210061 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210062 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210063 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210064 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210065 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210066 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210067 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210068 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210069 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210070 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210071 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210072 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 Mairimood MN CITY PROJECT 03 -39 Ha elwood St. Impmvemer( HAZELWOOD STREET IMPROVEMENTS City Pq.e t03 -39 4/192005 ASSESSMENT ROLL Parcel ID '.Owner Name 1 Owner Street Address Commercial Street and Storm Assessment 32922210073 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210074 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210075 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210076 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210077 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210078 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210079 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210080 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210081 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210082 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210083 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210084 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210085 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210086 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210087 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210088 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210089 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210090 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210091 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210092 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210093 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210094 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210095 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210096 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210097 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210098 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210099 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210100 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210101 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210102 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210103 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210104 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210105 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210106 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210107 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210108 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210109 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210110 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210111 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210112 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210113 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 32922210006 CARDINAL POINTE OF MPLWD INC 3003 HAZELWOOD ST $893.60 $326,940.77 SOUTHWINDS TOWNHOMES PARCELS - SUBJECT TO DEVELOPER AGREEMENTS ALREADY APPROVED BY THE COUNCIL Parcel ID '.Owner Name i Owner Street Address Commercial Street and Storm Assessment 32922120067 CITY OF MAPLEWOOD 1830 COUNTY ROAD B E $9,108 32922120068 CITY OF MAPLEWOOD 1830 COUNTY ROAD B E $11,132 32922120069 GEORGE A SUPAN 3480 HIGHLAND AVE $19,228 32922120070 SOUTHWIND HOLDINGS LLC 5960 HGHWY 61 N $12,650 32922120071 SOUTHWIND HOLDINGS LLC 5960 HGHWY 61 N $27,830 $79,948.00 PREVIOUSLY ASSESSED PARCELS - FOR INFORMATIONAL PURPOSES ONLY Parcel ID '. Owner Name 1 Owner Street Address ommerdal Street and Storm Assessment 32922210004 RICHARD J SCHREIER P O BOX 17830 NA 32922120039 TOWN & COUNTRY HOMES INC 7615 SMETANA LN #180 NA 32922120025 LEGACY HOLDINGS MW LLC 12100 SINGLETREE LN #101 NA Agenda Item H1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005, calling for a Public Hearing, the assessment roll for the Hazelwood Street Improvements, City Project 03 -39, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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 June 13, 2005, as to their recommendations for adjustments. The assessment roll for the Hazelwood Street Improvements, Project 03 -39 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. 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 from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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. The city engineer and city clerk shall forthwith after October 1, 2004 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 23 ` day of May 2005. Exhibit 1: Project Location Hazelwood Street, Beam Avenue to County Road D City Project 03 -39 Agenda Item 11 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Ed Nadeau, Utility /Fleet Superintendent SUBJECT: Cured -in -Place Pipe, Project 05 -09- -Award of Bid DATE: May 9, 2005 IL III I :IQ 111L911IQL1I The 2005 Public Works capital outlay budget includes funds for repair of fractured pipe using a cured -in- place pipe process. Background A budget of $100,000 has been requested annually for pipe repair projects. Bids were requested and received on May 6, 2005, from Visu -Sewer for $136,425.00, Insituform Technologies for $136,680.00, Lametti and Sons, Inc. for $137,700.00, and Michels Pipe Services for $153,000.00. The 2005 CIPP Project bids were received on May 6, 2005. The budget calls for a $100,000 expenditure, the low bid for the complete project of 5100 feet is $136,425 at a $26.75/ foot. The project would have to be reduced to 3725 feet to comply with the budgeted number. We propose that the Sanitary Sewer Fund budget be adjusted to transfer the additional $36,425 to cover this expense to complete the project in this area. The fund has sufficient reserves to cover this type of expenditure (repair of pipes). As part of the budget process, this type of expenditure is reviewed from the status of overall fund balance and a determination of an overall increase in the sewer rate is determined. An expenditure of $36,425 will not have a dramatic impact causing rates to increase substantially. RECOMMENDATION It is recommended that the city council award the bid for Cured -in -Place Pipe, Project 05 -09, to Visu -Sewer Clean & Seal, Inc. based on their low bid of $136,425.00 and authorize the finance director to transfer the necessary funds from the sanitary sewer fund to the project fund. Agenda Item 12 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Civil Engineer 1 SUBJECT: Hazelwood Street Improvements, Project 03 -39 Resolution Receiving Bids and Awarding Construction Contract DATE: May 16, 2005 INTRODUCTION Final plans and specifications for the Hazelwood Street Improvements were approved by the city council on March 28, 2005, and authorization was given to advertise for bids. Those bids were received and opened on Friday, May 13, 2005. The project is not ready to be awarded due to coordination issues with the utilities and an easement with St. John's Hospital. This item will be continued to June 13, 2005. Background The bids were received and publicly read aloud at 10:30 a.m., on Friday, May 13, 2005. The following five bids were received: Forest Lake Contracting $894,492.60 T.A. Schifsky & Sons $923,036.03 Tower Asphalt $971,936.42 Central Landscaping $999,597.10 Park Construction Co. $1,025,041.44 All bids have been checked and tabulated. The engineer's estimate for the project was $1,139,706.54. The low bid from Forest Lake Contracting of $894,492.60 is 22% less than the engineer's estimate, and represents 98% of the construction cost estimated in the feasibility study. RECOMMENDATION It is recommended that the city council continue this item to June 13, 2005. AGENDA REPORT Agenda #J -1 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla and Fire Chief Steve Lukin Subject: Public Safety Answering Point (PSAP) Consolidation Date: May 17, 2005 Introduction Ramsey County has approached the City of Maplewood to participate in a consolidated dispatch center or Public Safety Answering Point (PSAP). Ramsey County needs a response regarding the City of Maplewood's intent to participate so 800 MHz radio equipment can be ordered for the consolidated center. Background The City of Maplewood has at least five options regarding this issue. They are, briefly, as follows: A. Move forward with consolidation plans and inform Ramsey County to order the radio equipment to accommodate a consolidated center, including Maplewood operations. (This would be done with the understanding that Maplewood could opt out of the consolidation plan prior to its implementation if protocol and governance requirements are not met.) B. Request Ramsey County order the PSAP equipment to upgrade the Maple- wood PSAP as a stand -alone operation on the 800 MHz system at the City of Maplewood's expense. C. Do nothing at this time and purchase the necessary 800 MHz upgrade equipment at a later date at a potentially greater expense to Maplewood. D. Do nothing at this time and enter into a consolidated center at a later date at a potentially greater expense to Maplewood. E. Do nothing at this time and remain on the VHF radio system currently in use. Recommendation Staff requests that the City Council decide on one of these options so Ramsey County can be notified as to the City's decision on May 24, 2005. Action Required Submit to the City Council for review and decision on May 23, 2005. DJT:js Agenda Item J2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer SUBJECT: 1 -94 Improvements (McKnight to Century) — Status of Berm DATE: May 18, 2005 IL III I :IQ millet IIQL1 Mayor Cardinal has requested that an update on this project be placed on the May 23'' Meeting Agenda. We are awaiting approval from MnDOT on a plan for the berm. An update on the process will be provided as part of the meeting; however, until MnDOT approves our plan, we cannot commit to the proposal. We were hoping to make a report in June. Background In 2004, the City Council approved a plan by MnDOT to expand 1 -94 between McKnight Road and Century Avenue by adding an additional lane in each direction. The neighborhood group along Crestview Drive and Brookview Drive petitioned the City Council requesting consideration of a noise wall. Following a public hearing the City Council established a Task Force to work on the noise issues, but indicated that the City did not wish to contribute to the cost of noise mitigation. The Task Force has met three times. A final conclusion of the Task Force was the exploration of a plan to place excess material from the planned 2008 reconstruction project in the area into the berm to raise the planned height. This will require the approval of MnDOT, which has not been received, so specific details are not available. Approval from MnDOT is expected in the next month. Staff is planning to have a final Task Force meeting and present the item to the Council in June when all information is available. Further updates will be provided as that data is collected. RECOMMENDATION No action is required as this item is not ready for consideration. Agenda Item K1 AGENDA REPORT DATE: January 3, 2005 TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director SUBJECT: Proposed Settlements — IAFF Local A -22 Firefighter and A -22 -S Fire Supervisors I have attached the proposed 2005 -2006 negotiated labor agreements between the City and IAFF Local A -22 representing the Firefighters and A -22 -S representing the Fire Supervisors. This settlement is in the process of being ratified by their membership. Approval of this settlement by the City Council is recommended. COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL A -22 May 23, 2005 through December 31, 2006 TABLE OF CONTENTS ARTICLE NO. SUBJECT PAGE I Purpose and Intent 2 II Recognition 2 III Definitions 3 IV Association Security 4 V Employer Authority 5 VI Grievance Procedure 5 VII Non - Discrimination 7 VIIl Seniority 7 IX Annual Leave 9 X Insurance 10 XI Clothing and Equipment 10 XII Hours 11 XIII Holidays 12 XIV Tuition Reimbursement 13 XV Discipline 14 XVI Wages 14 XVII Injury on Duty — Salary Continuation 16 XVIII Working Out of Classification 16 XIX Waiver and Savings Clause 17 XX Duration 17 Addendum RHS Plan for FT Firefighters 19 1 AGREEMENT This agreement entered into this 23` day of May, 2005 between the City of Maplewood, Minnesota, a municipal corporation, hereafter referred to as the EMPLOYER, and Local A -22, of the International Association of Fire Fighters, hereinafter referred to as the ASSOCIATION. ARTICLE 1 PURPOSE AND INTENT It is the purpose and intent of this Agreement to: 1.1 Establish wages and other conditions of employment; 1.2 Establish procedures for the peaceful resolution of disputes concerning the Agreement's interpretation and/or application; 1.3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement; and 1.4 Specify the full and complete understanding of the parties. The Employer and the Association through the Agreement, continue their dedication to the highest quality public service. Both parties recognize this Agreement as apledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for All Full -Time Fire Fighters employed by the City of Maplewood, Minnesota who are public employees within the meaning of Minnesota Statutes 179A.04, Subdivision 14, excluding supervisory and confidential employees. This includes the following classifications: Fire Fighter — EMT Fire Fighter — Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local A -22. 3.2 Association Member: A Member in good standing of Local A -22, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the Employer at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. 3.5 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.6 Days: Unless otherwise indicated, days mean calendar days. 3.7 Employee: A member of the international Association of Fire Fighters, Local A- 22, covered by this agreement 3.8 Employer: City of Maplewood, Minnesota. 3.9 Immediate Supervisor: The Fire Captain 3.10 Job Class Seniority: Employee's length of continuous service in a job class. 3.11 Layoff: Separation from service with the employer, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.12 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.13 Meal Break: A period during the scheduled shift during which the employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.14 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.15 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3 3.16 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.17 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.19 Working Days: A calendar day in which an Employee is regularly scheduled to work. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2. 1, the EMPLOYER shall deduct from the wages of employees who authorize, in writing, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay- period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. 4.2 The Association may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer in accordance with the provisions of this Article. 4 ARTICLE V EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this Agreement shall remain solely within the discretion of the EMPLOYER. 5.3 The Association agrees that during the life of this Agreement that the Association will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this Agreement, the term "grievance" means any dispute between the EMPLOYER and the employee(s) concerning the interpretation of application of the specific terms and conditions of this Agreement. Both parties recognize that should a provision of this Agreement be specifically in conflict with an Employment Rule, this Agreement shall prevail; any Employment Rule not directly modified or abridged by this Agreement shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee's immediate supervisor within (10) working days of the date of the grievance or the Employee's knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. 6.3 Second Step If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within seven ( ) working days after the Supervisor's response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the Agreement allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by the Employee who is aggrieved and by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice - President or Steward. If such written request is made, the Department Head, or his /her designee, shall meet with the Employee and the Steward within ten (10) working days after the date of receipt of this request. The Department Head shall give a written answer to the Employee and the Steward within ten (10) working days after the meeting. 6.4 Third Step If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within ten (10) working days after receipt of the Department Head's Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and /or Representative, within fifteen (15) calendar days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) calendar days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) calendar days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within ten (10) working days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the neat step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) calendar days after the Employee's receipt of the notice of suspension, demotion, or discharge. An employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward's non - working hours will not be paid time. ARTICLE VII NON - DISCRIMINATION The ASSOCIATION and the EMPLOYER agree to meet and confer to discuss possible accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the American's with Disabilities Act. ARTICLE VII SENIORITY 8.1 Seniority is defined as a regular Employee's length of continuous service with the EMPLOYER since the Employee's last hire date. No time shall be deducted from an Employee's seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 7 8.3 An Employee's Bargaining Unit seniority shall be terminated: a) If the employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty -one (2 1) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. C) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to job class seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this Agreement 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Deputy Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re -bid as deemed necessary by the Employer. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to bidding bi- annually or re- bidding earlier than scheduled if situations occur warranting such modification. 8.9 Employees may select one continuous vacation period by seniority each six months. Any requests for more than two consecutive rotations requires Fire Chief approval ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: 9.2 Because Employees of this Unit work schedules other than 2080 hours per year, they shall receive proportional accrual based on their annual schedule. 9.3 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro -rated basis, based on regular hours worked. Annual Leave will accrue on a pay- period basis for up to 538 on a 2256 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2256 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2256 hour per year schedule accrual. {increased or decreased proportionally} 9.4 Unpaid Leave — Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion — Annual Leave will be eligible for conversion to cash or deferred compensation on a one - for -one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred (100) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee's currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.9 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro -rated based on the number of scheduled hours per year. ARTICLE X INSURANCE 10.1 Health /Dental Insurance— Where the EMPLOYER provides more than one choice of health insurance plan, the EMPLOYER will pay the cost of the Employee (single) health insurance premium, and fifty percent (50 %) plus forty -five ($45) dollars of the cost toward the monthly dependent health insurance premium for the least costly plan. If an Employee chooses a more costly plan, the Employee will pay the difference in cost between the two plans. Any changes that are presented at renewal will be discussed through the Insurance Labor — Management Committee process. The EMPLOYER shall pay one hundred percent (100 %) of the cost of the employee (single) dental insurance premium. These benefits apply to full - time Employees only. 10.2 Life Insurance — The EMPLOYER shall provide a term fife insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full - time Employees. Full -Time employees may purchase additional coverage at the Employee's own expense under the plan. 10.3 Long -Term Disability Insurance - The EMPLOYER will provide long- term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this Agreement and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long -Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre - disability wage while out on disability leave. 10.4 Short -Term Disability Insurance — The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 10.5 Retiree Health Savings Account Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this Agreement. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t- shirts, one stocking hat, badges, name plates and all insignia's. Thereafter the EMPLOYER will provide necessary replacement of uniform items as determined necessary by the EMPLOYER. 10 ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally receive a fifteen minute rest break during each one -half shift and a 30 minute paid meal period during each work shift of eight hours or more, to be determined by the Employee's supervisor. Such meal and rest periods may be interrupted. 12.2 Employees working less than a 24 -hour shift schedule shall receive overtime for all hours worked in excess of 92 hours in a 14 day work cycle. It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his /her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee's normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half, except when working pre scheduled work backs when those pre scheduled hours along with the Employees regular scheduled shift hours do not exceed 92 in the 14 day work cycle. Reporting early for a shift of the extension of a shift shall not qualify for the two -hour minimum. To receive the minimum 2 hours callback pay described in 12.4, Employees must arrive at the station or scene within 20 minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than 20 minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one -half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic oncall, employees will receive '/4 hour for each hour authorized to be oncall. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non- paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 11 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two -way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XII HOLIDAYS 13.1 Designated Holidays —Full -Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year's Day January I' 2. Martin Luther King's Birthday 3` Monday in January 3. President's Day 3` Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4 t ' 6. Labor Day 1 St Monday in September 7. Veteran's Day November I I t ' 8. Thanksgiving Day 4 Thursday in November 9. Day after Thanksgiving 4 Friday in November 10. Christmas Day December 25 The number of holiday hours for Employees covered by this Agreement will be proportional (based on their annual schedule) to those who work 2080 hours per year. Personal Holidays — Full -Time Employees shall also receive Personal Holidays, the amount of personal holiday hours will be prorated based on their annual schedule as described above. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 12 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double -time for all hours actually worked on these Holidays instead of time and one -half. 13.3 For Full -Time Employees, Personal Holidays are based on two days to be pro- rated based on required annual hours as compared to 2080. If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one -half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one -half for working on a holiday, as provided above, shall be for hours worked on the "actual' holiday as opposed to the "observed" holiday. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition and books upon successful completion with a "C" grade or better and seventy -five (75 %) reimbursement of tuition and books upon completion with a `B" grade or better during the term of this Agreement, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non - working hours. Part-Time Employees are eligible for this benefit on a prorated basis. 14.2 The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend amore costly school provided they pay the difference in cost. Employees must reimburse the City of they voluntarily leave employment within twelve (12) months of reimbursement. 14.3 Employees who receive city -paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. 13 ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee's personnel file. 15.4 Disciplinary action which is to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a representative and it will be the Employee's responsibility to have the representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five -year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Employees shall be compensated according to the following schedule: There will be a 2% increase on 1 -1 -05 if the EMPLOYER does not receive Homestead Value Credit from the State in 2005. If the EMPLOYER receives Homestead Value Credit, the increase for 2005 will be 3% retroactive to 1 -1 -05. If the 2005 increase is 3 %, there will be a 3% increase on 1 -1 -06. If the 2005 increase remained at 2 %, there will be an increase of 2% on 1 -1 -06 and another increase of 2% on 7 -1 -06 14 Payrates for FF /Paramedic will be effective retroactive to 4 -1 -04. Fire Captain Assignment pay will be increased to $3500/year effective on the same date. 2005 2005 1/1/2006 7/1/2006 2006 FF- EMT 2004 2 percent 3 percent 2 percent 2 percent 3 percent Entry $1,632.00 $1,664.64 $1,680.96 $1,697.93 $1,731.89 $1,731.39 Aft 1 yr $1,746.00 $2,203.20 $1,780.92 $1,798.38 $1,816.54 $2,291.54 $1,852.87 $1,852.33 Aft 2 yrs $2,186.00 $2,229.72 $2,251.58 $2,274.31 $2,319.80 $2,319.13 L -15 yrs $1,868.00 $1,905.36 $1,924.04 $1,943.47 yrs $1,982.34 $2,256.24 $1,981.76 $2,301.36 Aft 3 $2,346.71 L -20 yrs $2,237.00 yrs $1,999.00 $2,327.37 $2,038.98 $2,058.97 $2,079.76 $2,121.35 $2,120.74 L-5 yrs $2,057.00 $2,098.14 $2,118.71 $2,140.10 $2,182.90 $2,182.27 L -10 yrs $2,082.00 $2,123.64 $2,144.46 $2,166.11 $2,209.44 $2,208.79 L -15 yrs $2,106.00 $2,148.12 $2,169.18 $2,191.08 $2,234.90 $2,234.26 L -20 yrs $2,131.00 $2,173.62 $2,194.93 $2,217.09 $2,261.43 $2,260.78 FF -P Entry $1,714.00 $1,748.28 $1,765.42 $1,783.25 $1,818.91 $1,818.38 Aft 1 yr $1,834.00 $1,870.68 $1,889.02 $1,908.09 $1,946.26 $1,945.69 Aft 2 yrs $1,962.00 $2,001.24 $2,020.86 $2,041.26 $2,082.09 $2,081.49 Aft 3 yrs $2,099.00 $2,140.98 $2,161.97 $2,183.80 $2,227.48 $2,226.83 L-5 yrs $2,160.00 $2,203.20 $2,224.80 $2,247.26 $2,292.21 $2,291.54 L -10 yrs $2,186.00 $2,229.72 $2,251.58 $2,274.31 $2,319.80 $2,319.13 L -15 yrs $2,212.00 $2,256.24 $2,278.36 $2,301.36 $2,347.39 $2,346.71 L -20 yrs $2,237.00 $2,281.74 $2,304.11 $2,327.37 $2,373.92 $2,373.23 The above rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan (pro -rated for regular part-time employees). The EMPLOYER reserves the right to set the pay rate for CSO /Paramedics promoted internally to firefighter- Paramedic in 2005 at any rate in the salary range including longevity steps. The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the "after 2 years" step. 15 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to EMPLOYEES who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off -duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 90 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the EMPLOYEE can return to any duties for which the EMPLOYEE may be capable and qualified. At the discretion of the City Manager, the injured EMPLOYEE may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the EMPLOYEE'S full regular pay rate, either as direct payment from salary funds or as Worker's Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such EMPLOYEE would have received for the period. Such injury leave shall not be charged against the EMPLOYEE'S annual leave. All payments made to the EMPLOYEE will be reduced by the total amount of all other injury related benefits for which the EMPLOYEE is provided as a result of the injury. The EMPLOYEE must apply for all benefits for which the EMPLOYEE is eligible as a result of public employment, as soon as the EMPLOYEE is eligible. The EMPLOYER reserves the right to refuse injury -on -duty pay if such application is not made. In order to receive injury -on -duty pay, the illness or injury must be eligible under worker's compensation. 17.4 An EMPLOYEE who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty -four (24) hours, any injury, however minor, to his /her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An EMPLOYEE who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one — half of a shift shall receive the starting rate of pay or a minimum of 5% above their normal pay rate for that higher classification for the duration of the assignment. 16 ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the Agreement are hereby superceded. 19.2 The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement. 19.4 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE XX DURATION 20.1 This Agreement shall be effective on the 23` of May, 2005 and shall remain in full force and effect until December 31 2006. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq., that it desires to modify this Agreement. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. 17 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of 1 2005. FOR THE CITY: FOR THE ASSOCIATION: 18 Addendum A RHS PLAN FOR FT FIREFIGHTERS Participant and benefit eligibility criteria: Must be full -time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long -term care premiums, Medicare Part B, and Medicare supplements) and out -of- pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 19 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL A -22 -S Supervisors May 23, 2005 through December 31, 2006 TABLE OF CONTENTS ARTICLE NO. SUBJECT PAGE I Purpose and Intent 2 II Recognition 2 III Definitions 3 IV Association Security 4 V Employer Authority 5 VI Grievance Procedure 5 VII Non - Discrimination 7 VIIl Seniority 7 IX Annual Leave 9 X Insurance 10 XI Clothing and Equipment 10 XII Hours 11 XIII Holidays 12 XIV Tuition Reimbursement 13 XV Discipline 14 XVI Wages 14 XVII Injury on Duty — Salary Continuation 16 XVIII Working Out of Classification 16 XIX Waiver and Savings Clause 17 XX Duration 17 Addendum RHS Plan for FT Fire Supervisors 19 1 AGREEMENT This agreement entered into this 23` day of May, 2005 between the City of Maplewood, Minnesota, a municipal corporation, hereafter referred to as the EMPLOYER, and Local A -22 -S, of the International Association of Fire Fighters, hereinafter referred to as the ASSOCIATION. ARTICLE 1 PURPOSE AND INTENT It is the purpose and intent of this Agreement to: 1.1 Establish wages and other conditions of employment; 1.2 Establish procedures for the peaceful resolution of disputes concerning the Agreement's interpretation and /or application; 1.3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement; and 1.4 Specify the full and complete understanding of the parties. The Employer and the Association through the Agreement, continue their dedication to the highest quality public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, the following supervisory classifications: Fire Captain — EMT Fire Captain - Paramedic Paramedic Coordinator 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of anew or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local A -22 -S. 3.2 Association Member: A Member in good standing of Local A -22 -S, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: The Immediate return of an employee to perform assigned duties at the express authorization of the Employer at atime other than regular assigned shift. An extension of, or early report to a regular assigned shift is not a call back. 3.7 Employee: A member of the international Association of Fire Fighters, Local A- 22 -S, covered by this agreement 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: Employee's length of continuous service in a job class. 3.10 Layoff: Separation from service with the employer, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.17 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.18 Working Days: A calendar day in which an Employee is regularly scheduled to work. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2. 1, the EMPLOYER shall deduct from the wages of employees who authorize, in writing, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay- period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. 4.2 The Association may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer in accordance with he provisions of this Article. 4 ARTICLE V EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this Agreement shall remain solely within the discretion of the EMPLOYER. 5.3 The Association agrees that during the life of this Agreement that the Association will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this Agreement, the term "grievance" means any dispute between the EMPLOYER and the employee(s) concerning the interpretation of application of the specific terms and conditions of this Agreement. Both parties recognize that should a provision of this Agreement be specifically in conflict with an Employment Rule, this Agreement shall prevail; any Employment Rule not directly modified or abridged by this Agreement shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee's immediate supervisor within (10) working days of the date of the grievance or the Employee's knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. 6.3 Second Step If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within seven ( ) working days after the Supervisor's response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the Agreement allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by the Employee who is aggrieved and by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice - President or Steward. If such written request is made, the Department Head, or his /her designee, shall meet with the Employee and the Steward within ten (10) working days after the date of receipt of this request. The Department Head shall give a written answer to the Employee and the Steward within ten (10) working days after the meeting. 6.4 Third Step If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within ten (10) working days after receipt of the Department Head's Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and /or Representative, within fifteen (15) calendar days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) calendar days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) calendar days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within ten (10) working days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) calendar days after the Employee's receipt of the notice of suspension, demotion, or discharge. An employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward's non - working hours will not be paid time. ARTICLE VII NON - DISCRIMINATION The ASSOCIATION and the EMPLOYER agree to meet and confer to discuss possible accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the American's with Disabilities Act. ARTICLE VII SENIORITY 8.1 Seniority is defined as a regular Employee's length of continuous service with the EMPLOYER since the Employee's last hire date. No time shall be deducted from an Employee's seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 7 8.3 An Employee's Bargaining Unit seniority shall be terminated: a) If the employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty -one (2 1) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. C) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to job class seniority (providing the remaining Employees have the ability or can be trained to perform the remaining work.) Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this Agreement 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Deputy Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re -bid as deemed necessary by the Employer. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to bidding bi- annually or re- bidding earlier than scheduled if situations occur warranting such modification. 8.9 Employees may select one continuous vacation period by seniority each six months. Any requests for more than two consecutive rotations requires Fire Chief approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: 9.2 Because Employees of this Unit work schedules other than 2080 hours per year, they shall receive proportional accrual based on their annual schedule. 9.3 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro -rated basis, based on regular hours worked. Annual Leave will accrue on a pay- period basis for up to 538 on a 2256 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2256 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2256 hour per year schedule accrual. {increased or decreased proportionally} 9.4 Unpaid Leave — Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion — Annual Leave will be eligible for conversion to cash or deferred compensation on a one - for -one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred (100) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee's currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro -rated based on the number of scheduled hours per year. ARTICLE X INSURANCE 10.1 Health/Dental Insurance — Where the EMPLOYER provides more than one choice of health insurance plan, the EMPLOYER will pay the cost of the Employee (single) health insurance premium, and fifty percent (50 %) plus forty -five ($45) dollars of the cost toward the monthly dependent health insurance premium for the least costly plan. If an Employee chooses a more costly plan, the Employee will pay the difference in cost between the two plans. Any changes that are presented at renewal will be discussed through the Insurance Labor — Management Committee process. The EMPLOYER shall pay one hundred percent (100 %) of the cost of the employee (single) dental insurance premium. These benefits apply to full - time Employees only. 10.2 Life Insurance — The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty thousand dollars ($30,000) for all full - time Employees. Full -Time employees may purchase additional coverage at the Employee's own expense under the plan. 10.3 Long -term Disability — The EMPLOYER will provide long -term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this Agreement and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long -Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre - disability wage while out on disability leave. 10.4 Short-Term Disability Insurance — The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 10.5 Retiree Health Savings Account - Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this Agreement. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t- shirts, one stocking hat, badges, name plates and all insignia's. Thereafter the EMPLOYER will provide necessary replacement of uniform items as determined necessary by the Employer. 10 ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally receive a fifteen minute rest break during each one -half shift and a 30 minute paid meal period during each work shift of eight hours or more, to be determined by the Employee's supervisor. Such meal and rest periods may be interrupted. 12.2 Employees working less than a 24 hour shift schedule shall receive overtime for all hours worked in excess of 92 hours in a 14 day work cycle. It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his /her designee. 12.4 EMERGENCY CALLOUTS - An Employee called immediately back to work at a time other than the Employee's normal scheduled shift shall receive a minimum of two (2) hours pay at time and one -half, except when working pre - scheduled work backs when those pre scheduled hours along with the Employees regular scheduled shift hours do not exceed 92 in the 14 -day work cycle. Reporting early for a shift of the extension of a shift shall not qualify for the two -hour minimum. To receive the minimum 2 hours call back pay described in 12.4, Employees must arrive at the Station or scene within 20 minutes of the call out and before being cancelled. If an Employee is canceled prior to arrival at a scene or the station, the Employee will receive two hours of straight time instead of time and one -half. Employees arriving later than 20 minutes from the time of the call out but before bring canceled shall be compensated at a rate of time and one -half for only the actual hours worked beginning at the time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic oncall, employees will receive '/4 hour for each hour authorized to be oncall. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non- paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 11 12.7 EMERGENCY MEDICAL CALLBACK - Fire Department Paramedics shall be issued two -way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.8 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. 12.9 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XII HOLIDAYS 13.1 Designated Holidays —Full -Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year's Day January 1" 2. Martin Luther King's Birthday 3` Monday in January 3. President's Day 3` Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4 6. Labor Day 1 St Monday in September 7. Veteran's Day November l l 8. Thanksgiving Day 4 Thursday in November 9. Day after Thanksgiving 4 Friday in November 10. Christmas Day December 25 The number of holiday hours for Employees covered by this Agreement will be proportional (based on their annual schedule) to those who work 2080 hours per year. Personal Holidays — Full -Time Employees shall also receive Personal Holidays, the amount of personal holiday hours will be prorated based on their annual schedule as described above. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 12 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double -time for all hours actually worked on these Holidays instead of time and one -half. 13.3 For Full -Time Employees, Personal Holidays are based on two days to be pro -rated based on required annual hours as compared to 2080. If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one -half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one -half for working on a holiday, as provided above, shall be for hours worked on the "actual' holiday as opposed to the "observed" holiday. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The EMPLOYER agrees to pay fifty percent (50 %) of the cost of tuition and books upon successful completion with a "C" grade or better and seventy -five (75 %) reimbursement of tuition and books upon completion with a `B" grade or better during the term of this Agreement, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non - working hours. Part-Time Employees are eligible for this benefit on a prorated basis. 14.2 The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend amore costly school provided they pay the difference in cost. Employees must reimburse the City of they voluntarily leave employment within twelve (12) months of reimbursement, 14.3 Employees who receive city -paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. 13 ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee's personnel file. 15.4 Disciplinary action which is to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a representative and it will be the Employee's responsibility to have the representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five -year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Employees shall be compensated according to the following schedule: There will be a 2% increase on 1 -1 -05 if the EMPLOYER does not receive Homestead Value Credit from the State in 2005. If the EMPLOYER receives Homestead Value Credit, the increase for 2005 will be 3% retroactive to 1 -1 -05. If the 2005 increase is 3 %, there will be a 3% increase on 1 -1 -06. If the 2005 increase remained at 2 %, there will be an increase of 2% on 1 -1 -06 and another increase of 2% on 7 -1 -06. 14 Captain- Paramedic and Paramedic Coordinator Entry $1,885.40 $1,923.11 $1,941.96 $1,961.57 $2,000.80 $2,000.22 Aft 1 yr $2,017.40 $2,057.75 $2,077.92 $2,098.90 $2,140.88 $2,140.26 2005 2005 1/1/2006 7/1/2006 2006 Capt /EMT 2004 2 percent 3 percent 2 percent 2 percent 3 percent Entry $1,799.70 $1,835.69 $1,853.69 $1,872.41 $1,909.86 $1,909.30 Aft 1 yr $1,925.70 $1,964.21 $1,983.47 $2,003.50 $2,043.57 $2,042.98 Aft 2 yrs $2,060.10 $2,101.30 $2,121.90 $2,143.33 $2,186.19 $2,185.56 Aft 3 yrs $2,203.95 $2,248.03 $2,270.07 $2,292.99 $2,338.85 $2,338.17 L-5 yrs $2,268.00 $2,313.36 $2,336.04 $2,359.63 $2,406.82 $2,406.12 L -10 yrs $2,295.30 $2,341.21 $2,364.16 $2,388.03 $2,435.79 $2,435.08 L -15 yrs $2,322.60 $2,369.05 $2,392.28 $2,416.43 $2,464.76 $2,464.05 L -20 yrs $2,348.85 $2,395.83 $2,419.32 $2,443.74 $2,492.62 $2,491.89 Captain- Paramedic and Paramedic Coordinator Entry $1,885.40 $1,923.11 $1,941.96 $1,961.57 $2,000.80 $2,000.22 Aft 1 yr $2,017.40 $2,057.75 $2,077.92 $2,098.90 $2,140.88 $2,140.26 The above rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan (pro -rated for regular part-time employees). The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the "after 2 years" step. 15 $2,289.63 Aft 2 yrs $2,158.20 $2,201.36 $2,222.95 $2,245.39 $2,290.30 Aft 3 yrs $2,308.90 $2,355.08 $2,378.17 $2,402.18 $2,450.22 $2,449.51 L-5 yrs $2,376.00 $2,423.52 $2,447.28 $2,471.99 $2,521.43 $2,520.70 L -10 yrs $2,404.60 $2,452.69 $2,476.74 $2,501.75 $2,551.78 $2,551.04 L -15 yrs $2,433.20 $2,481.86 $2,506.20 $2,531.50 $2,582.13 $2,581.38 L -20 yrs $2,460.70 $2,509.91 $2,534.52 $2,560.11 $2,611.31 $2,610.56 The above rates will be increased by one hundred dollars ($100) per month, provided the Employee agrees to have the funds deposited in an approved deferred compensation plan (pro -rated for regular part-time employees). The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the "after 2 years" step. 15 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to EMPLOYEES who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off -duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 90 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the EMPLOYEE can return to any duties for which the EMPLOYEE may be capable and qualified. At the discretion of the City Manager, the injured EMPLOYEE may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the EMPLOYEE'S full regular pay rate, either as direct payment from salary funds or as Worker's Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such EMPLOYEE would have received for the period. Such injury leave shall not be charged against the EMPLOYEE'S annual leave. All payments made to the EMPLOYEE will be reduced by the total amount of all other injury related benefits for which the EMPLOYEE is provided as a result of the injury. The EMPLOYEE must apply for all benefits for which the EMPLOYEE is eligible as a result of public employment, as soon as the EMPLOYEE is eligible. The EMPLOYER reserves the right to refuse injury -on -duty pay if such application is not made. In order to receive injury -on -duty pay, the illness or injury must be eligible under worker's compensation. 17.4 An EMPLOYEE who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty -four (24) hours, any injury, however minor, to his /her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An EMPLOYEE who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one half of a shift shall receive the starting rate of pay or a minimum of 5% above their normal rate for that higher classification for the duration of the assignment. 16 ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the Agreement are hereby superceded. 19.2 The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement. 19.4 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE XX DURATION 20.1 This Agreement shall be effective on May 23, 2005 and shall remain in full force and effect until December 31 ", 2006. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq., that it desires to modify this Agreement. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. 17 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of 1 2005. FOR THE CITY: FOR THE ASSOCIATION: 18 Addendum A RHS PLAN FOR FT FIRE SUPERVISORS 1. Participant and benefit eligibility criteria: Must be full -time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long -term care premiums, Medicare Part B, and Medicare supplements) and out -of- pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 19 Fiw4 U7ilN=1161:41 Agenda Item K2 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: TH 61 Improvements (Beam to 1494) Resolution Authorizing Cooperative Agreement with MnDOT for Funding DATE: May 17, 2005 INTRODUCTION The city has been working on various roadway improvements along Trunk Highway 61 in cooperation with MnDOT and the local businesses. Access points and driveways are a major concern for traffic movement. All efforts to consolidate the driveways are being made to improve safety and traffic efficiency. Three projects have been designed and are proceeding to the bidding phase. Approval of the Mayor and City Manager as signers of the Cooperative Agreement with MnDOT is recommended. Background Public hearings were held for three projects (TH 61; County Road D Court; and TH 61 East Frontage Road) along TH 61 on December 13, 2004. The projects were studied and reviewed as separate improvement projects, and separate public hearings were held. The overall goal for the area was to improve traffic flow through the corridor on Trunk Highway 61 (TH 61) between Beam Avenue and Interstate 694. Included in the overall package is the installation of the signal at the intersection with newly - aligned County Road D. The intersection improvements include the addition of turn lanes and merge lanes. A cooperative agreement with MnDOT is part of this project. This is for Project 03 -07, the TH 61 Improvements. Approval of the Mayor and City Manager as signers of the Cooperative Agreement is required. The combinations of driveway points along the eastern side of TH 61 between new County Road D and 1 -694 are part of the long -term traffic solution for this area. MnDOT has provided the city with a cooperative agreement award of $540,000 that includes consideration of driveway consolidation. Kline Volvo is interested in providing a frontage road system that serves their property and connects to the Nissan site. Lexus has also agreed to participate in the frontage road that would consolidate three driveways into a single driveway. The frontage road would also provide an area for off - loading new vehicles that is not on the public road system. The frontage road would be a private roadway that would be maintained by the private businesses. The reason for this project being constructed by the city is that access points and median improvements need to be constructed by a public agency according to MnDOT requirements. The city will facilitate the improvements and assess the costs back to the private businesses. This is Project 04 -25, TH 61 East Frontage Road. Finally, MnDOT has requested that the City provide implementation of a merge lane from the West Bound 1 -694 exit to southbound TH 61. This merge lane requires the closure of the existing County Road D access point and the creation of County Road D Court. MnDOT is providing additional cooperative agreement funds for the merge lane construction and money toward the construction of the cul -de -sac necessary at County Road D Court. This is Project 04 -06, County Road D Court. Agenda Item K2 Project Approvals The plans and specifications for each project are complete and have been reviewed by MnDOT to meet the Cooperative Agreement requirement. The work for each project is dependent upon the completion and coordination with the other projects, so a final decision has been made to have one contractor bid each project. This should allow for the best prices and easiest coordination of project items. The engineering consultant is preparing the final submittal to MnDOT to meet the Cooperative Agreement provisions and the project will be ready to advertise for bids in June. The final bid date will need to be agreed to by MnDOT; however, it will likely be set for mid -June. The attached resolution establishes the Mayor and City Manager as the signers of the Cooperative Agreement. The final agreement will be presented to the City Council at the June 13, 2005 meeting. Bids will be opened later in June and the project should be completed by October or November of 2005. Budget Impact The approved project budgets for each project are: 03 -07, TH 61 Improvements: $1,295,835 04 -06, County Road D Court: $ 653,740 04 -25, TH 61 East Frontage Road: $ 421,000 TOTAL PROJECT BUDGETS $2,370,575 An update of the detailed financing plan for this project will be prepared after bids are received. The project is dependent upon final MnDOT calculations for the Cooperative Agreement and their participation, therefore detailed numbers cannot be finalized until bids are received. The plan will be presented at the time of project award. RECOMMENDATION It is recommended that the city council adopt the attached resolution authorizing the Mayor and City Manager to be the signers of the Cooperative Agreement with MnDOT for funding purposes. Attachments: 1. Resolution 2. Project Map CITY OF MAPLEWOOD RESOLUTION Agenda Item K2 IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 87866 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the roadway improvement and acceleration and turn lane construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 61 from 524 feet north of Beam Avenue to 773 feet south of the Trunk Highway No. 694 eastbound off ramp within the corporate City limits under State Project No. 6222 -150 and City Project No's. 03 -07, 04 -06 and 04 -25. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Maplewood at an authorized meeting held on the day of , 2005, as shown by the minutes of the meeting in my possession. (Signature) Subscribed and sworn to before me this day of 1 2005 Notary Public My Commission Expires SEGME 3 PROJECT AREA E EE AVE n a � u 0 a .AG � t O G c o & LAID CEM 10 9 SONT LJ PAUL ED cwuew w A WHITE BEAR LAKE -� FILE No. SEGMENT 3 l AMAPLE0402 FIGURE < LOCATION MAP SEH o 23/ No., 423/04 MAPL EWOOD, MN .1 R ARE IRIE EVE t=-Pco N D. a^ ffi dal ER I'LL I o. I'LL re� re. ` s�A. s c � reA�� ; u © a h o um ..v� END s Y a u� . x AV'_ n a ® em u cwn�� ry NORTH SAINT P I N NER RED re§ U' u P L- AV EN All F a a y e AAA reo. rewrew RED ere 3 C EL i RED o Z L A. NE-1 z DR o — 11EIIEN AVE F u a. Ares. r u are. z e u FILE No. SEGMENT 3 l AMAPLE0402 FIGURE < LOCATION MAP SEH o 23/ No., 423/04 MAPL EWOOD, MN .1 R ARE IRIE EVE IT ER I'LL I o. I'LL w ` s�A. uox w AI D N re NORTH N u� o y ©u ® em u cwn�� '� o I N NER RED re§ P L- AV EN FILE No. SEGMENT 3 l AMAPLE0402 FIGURE < LOCATION MAP SEH o 23/ No., 423/04 MAPL EWOOD, MN Agenda Item K3 ILril =I LVAI ] ZIM 0 Bill TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Schlomka Property - Concept Plan Review and EAW Authorization LOCATION: Carver Avenue and Henry Lane DATE: May 17, 2005 INTRODUCTION Project Description Mr. Tom Hansen, representing CoPar Companies, is asking the city to provide him with preliminary comments about a proposed senior housing development. He, in conjunction with Rottlund Homes, has prepared a preliminary site plan that shows 376 housing units (in four different types of housing) for persons aged 55 and over. This development would be on about 70 acres of land that is south of Carver Avenue and west of Henry Lane known as the Schlomka property. Refer to the applicant's statement on pages six and seven and the maps on pages eight - ten. A homeowners' association would own and maintain the common areas. The design of the buildings is not finalized, but I expect that each townhouse building would have horizontal -lap vinyl siding, aluminum soffits and fascia and brick or stone veneer on the fronts. In addition, each unit would have a two -car garage. In addition to providing the developer with preliminary comments about their project plans, they also are asking the city council to authorize the preparation of an Environmental Assessment Worksheet (EAW) for the development. I have attached a separate report from City Engineer Chuck AN about the EAW request. Requests To build this project, Mr. Hansen will be requesting that the city approve: 1. The results and findings of an EAW for the project area. 2. A change to the comprehensive plan. This would be from R -1 (single dwelling residential) to R -3(M) (medium density residential) for the site. 3. A change to the zoning map. This would be from R -1(R) (rural single dwelling residential) to R -3 (multiple dwellings) for the site. 4. A conditional use permit (CUP) for a planned unit development (PUD). This PUD would allow the project to have a mix of housing styles, to have a variety of setbacks, to have the detached townhouses to be on smaller lots than code usually allows (in area and in width) and to have many of the units on private driveways. 5. A preliminary plat for the lots for the town houses. (See the concept site plan on page ten.) 6. The project design plans. BACKGROUND On March 14, 2005, the city council had a chance to review an earlier version of a concept plan for this property. The earlier plan showed 386 units of senior housing on the property. After some discussion by the council, the applicant asked the city to table their request for an Environmental Assessment Worksheet (EAW) for the proposal. DISCUSSION Land Use Plan and Zoning Map Changes To build the proposed development, Mr. Hansen would need the city to change the land use plan and zoning map for the site. These changes would be from R -1 (single dwelling residential) to R- 3(M) (medium density residential) for the land use plan and from R -1(R) (rural single dwellings) to R -3 (multiple dwellings) for the zoning map. The city intends R -3(M) areas for up to 6 residential units per gross acre. For R -1 areas, the city plans for single dwellings on lots of at least 10,000 square feet of area while the R -1(R) zoning designation is for single dwellings on 2 acre lots. The R -3 zoning in Maplewood allows for a mix of housing styles including twin homes, town houses, condos and apartments. Preliminary Project Review Compatibility This proposal, if approved by the city, would be a large change for this area of Maplewood. It would transform a semi - rural, very low- density area (with no public utilities) into a suburban - style, medium density mixed -use residential development with public sewer and water. This proposal is a significant departure from the existing and expected land uses in the area and has raised several concerns with staff. However, it also is important to note that change is not necessarily a bad thing. The city does make changes to the land use plan and to the zoning map when it determines that such changes are consistent with the goals and policies of the city and when the changes would be, in the opinion of the city council, in the best interests of the city. A development such as this, if carefully planned and constructed, has the potential to be a great addition to the city. The challenge lies in balancing the goals and interests of the city, the residents and the developer to form a plan that works for most, if not all, of the interested parties. In Maplewood, developers will often build townhomes next to single dwellings. An example is with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is developing this neighborhood with a mix of single dwellings and townhomes. There are many other examples in Maplewood, such as Afton Ridge, Southwinds, Bennington Woods, Olivia Gardens and the Carriage Homes of Maple Hills. In this case, the proposed townhouses and condos would be near Interstate 1 -494 and Carver Avenue and next to single dwellings. The developer also told staff that they would expect to build a trail system throughout the development and that it would have a community building /club house with possibly a swimming pool. Density As proposed, the 376 units on the 70 -acre site means there would be about 5.4 units per gross acre. This is consistent with the density standards in the comprehensive plan for medium density residential development. PLANNED UNIT DEVELOPMENT (PUD) Section 44- 1093(b) of the city code says that it is the intent of the PUD code "to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. The PUD would be consistent with the purposes of this chapter. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons." The applicant would apply to the city for a conditional use permit (CUP) for a planned unit development (PUD) for the 376 -unit housing development. They would request a PUD to allow the project to have a mix of housing styles, to have a variety of setbacks, to have the detached townhouses be on smaller lots than code usually allows (in area and in width) and to have many of the units on private driveways. The developer is proposing a small lot around each townhome unit. A homeowners' association would own and maintain the rest of the land, including the private driveways, green areas and the ponding areas. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard city requirements would normally allow. It is the contention of the applicant that the proposed code deviations meet the findings in the city code for approval of a PUD. City staff agrees with the applicant that the development as proposed (shown on page 10), with the proposed code deviations, would produce a development of equal or superior quality, that the proposals do not constitute a threat to the area and that the deviations are required for reasonable and practicable development of the site. Having private driveways with reduced townhouse setbacks will lessen the amount of grading and tree removal on the property. If the applicant followed all the city subdivision and zoning standards and used public streets, such a plan would require more tree removal and grading because of the right -of -way requirements and the larger setbacks. Public Utilities Sanitary sewer and water are in Carver Avenue and at the south end of Dorland Road (Heights Avenue). The developer is proposing to extend the utilities from these locations to serve the proposed development. This will require extensive coordination with city staff and probably a new lift station near Fish Creek for the sanitary sewer. 3 There is, however, no storm sewer in this part of Maplewood. The concept plans show new ponding areas on the site as part of the development. Managing the storm water, as with every project, also will be a critical part of the success of the development. The watershed district usually requires the grading plan to show that there will be at least five feet of free board (bounce) in the ponds from the first 100 year high water level to the lowest floor elevation of the units. Traffic Because of the limited number of streets and access points in the area, traffic is another concern of city staff and of the planning commission. Most of the proposed development would use Henry Lane as access to Carver Avenue. Henry Lane south of Fish Creek would become a long dead end that about 305 of the units would have as their only street access. The applicant has not yet done a traffic study for the area and city staff has encouraged the developer to do one. A traffic analysis also would be part of an environmental assessment worksheet (EAW). Environmental Assessment Worksheet (EAW) City staff has been researching the need or possibility of having the developer prepare an EAW for the proposed project. An EAW is a preliminary environmental review of a proposal to look at how the development could potentially affect the environment. The state has designed the EAW to gather and disclose information about potential environmental effects from a proposed project. The EAW also reviews ways or methods to avoid or minimize any environmental effects. An EAW has a list of standardized questions that cover issues such as land use and habitat, storm water, wetlands, air emissions and pollution and traffic. As proposed, the project does not meet the minimum size thresholds (with the proposed number of units) set by state rules to mandate an EAW. However, the city can require the developer to prepare an EAW if the city decides that the project "has a potential for significant environmental effects." To this end, as Mr. Hansen noted on page six, he is requesting that the city order the preparation of an EAW. A preliminary list of concerns includes the effects the project would have on the wetlands, slopes, utilities, storm water and drainage (including Fish Creek) and traffic in the area. In addition, the noise from 1 -494 and its effects on the new residents is another matter that the EAW should analyze. RECOMMENDATIONS A. Review the proposed concept plan and the above - listed requests (land use plan change, PUD and site plan) and be prepared to discuss the proposed preliminary plan with staff and the applicant. B. See the recommendation from the City Engineer that authorizes city staff to establish a project budget and to hire Kimley -Horn and Associates to prepare an Environmental Assessment Worksheet (EAW) for the project area. EI 1:14a4N40 [d a ILI IMQ NLYA Fil IM 01 SITE DESCRIPTION Site size: 70 acres Existing land use: Three single dwellings and accessory buildings SURROUNDING LAND USES North: Single dwellings and Carver Avenue South Ramsey County open space West: Houses on Dorland Road and Saint Paul East: Henry Lane and 1 -494 PLANNING Existing Land Use Plan designation: R -1 (single dwellings) Existing Zoning: R -1(R) (rural single dwellings) Proposed Land Use: R -3(M) (medium density residential) Proposed Zoning: R -3 (multiple dwellings) and PUD Findings for Rezoning Section 44 -1165 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. p:sec 24- 28 \Schlomka Concept review (2) - 2005.mem Attachments: 1. Applicant's Statement dated May 10, 2005 2. Location Map 3. Area Map 4. Concept Site Plan dated May 10, 2005 5. Memo dated May 17, 2005 from City Engineer Chuck AN 5 May 10, 2005 Mr, Kenneth Roberts CITY OFMAPLEWOOD 1820 East County Road B Maplewood, MN 55109 Re: ScWomka Property City of Maplewood, MN CoPar Development, LLC ("CoPar"), as developer, respectfully requests the opportunity to formally discuss our vision for development of the 70+/- acre ScWomka Property, w I located on Henry Lane in the southern portion of the community, with the City Council at its next regularly scheduled meeting on May 23, 2005. The purpose of our presentation is to introduce our Concept Plan and request the city council order an EAW. As shown in the attached, Rottlund Homes as builder, is proposing to create an Active Adult, Age Restricted (55 years or older), community on the land. in addition to a Club House, the housing types and home characteristics are proposed to include: Housing "type 4 Units Square Footage Gardens 46 1,460 Garden Townhournes 72 1,492-1,572 Cottage Homes 79 1,270-1,765 Senior Condominium 180 1,000-1,500 Total Housing Units 376 Gross Density 5.37 du/acre 8677 Eagle Point Blvd Lake Elmo, MN 55042 651-379-0500 651-379-0412 (Fax) 6 CoparCompanies.com Real Estate Development, Finance & Investment 1P www. Within an age-restricted adult community, there will be no school age children permanently living in the area; and, according to our traffic engineer, the vehicle trips per day will be less than a typical single family detached neighborhood developed at suburban densities. Access to the site will be via a new connection to Carver Avenue with an "emergency connection" to Heights Avenue. Within the new neighborhood access to the homes will be served by a system of public and private roadways. An additional "emergency access" is proposed to connect the single family (Cottage Homes) to the Garden Townhomes as noted on the Concept Plan. The site plan is sensitive to the physical constraints of the land by preserving the ravine and wooded slope as well as protection of the central wetland area. On March 31, 2005, representatives from CoPar and Rottlund Homes attended a to over 40 neighbors. The meeting was pleasant, informative and extremely thought provoking with traffic generation on to Carver Avenue as the recurring concern of the neighborhood. To this end, assessment of the physical impact of structures on the land, CoPar respectfully requests the Maplewood City Council order an EAW to gather accurate baseline information so that we can advance our plan forward. If you should have any questions, or if you should require additional information, please do not hesitate to contact me. Respectfully requested, Tom Hansen mqm' i ' N Attachment 2 Y '. _ SITE N� OPEN $PACE SITE s N i A RL w1w I f " , 0 =. FUR I Attachment 4 I LHAFMIMIA e MMW ►` Arm AGENDA REPORT Agenda Item K3 TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: CoPar Companies Development Plan (Schlomka Property - Carver Ave at Henry Lane), City Project 05 -07 Concept Plan Review Consider Request for Preparation of Environmental Assessment Worksheet DATE: May 17, 2005 Introduction CoPar Companies has submitted a concept plan for a major development of property in southern Maplewood. The property is mainly owned by the Schlomka family. The development is a major revision for the area and will likely have environmental impacts that need to be managed. Staff has suggested to the developer that a concept review is appropriate along with the preparation of an Environmental Assessment Worksheet (EAW) by the City. Those requests are before the Council as part of this item. Background The adoption of a resolution begins the review process on the proposal. The City Attorney has advised us as follows: If an environmental assessment worksheet ( "EAW ") is prepared by a city, it has an additional 60 days after the environmental review process is completed to approve or deny a written request. Under Minnesota Statute Section 15.99, a city must approve or deny within 60 days a written request relating to zoning, septic systems, or expansion of the metropolitan urban service area for a permit, license or other governmental approval of an action. Minn. Stat. § 15.99, Subd. 2 (2001). Failure of an agency to deny a request within 60 days is approval of the request. Id. However, if a city or state law requires the preparation of an EAW, the deadline is extended until 60 days after the environmental review process is completed. Id. at Subd. (3)(d). The developer has been advised that the environmental findings may have dramatic impacts on the final layout of the project. Impacts to public utilities, the transportation system and the wetlands and open space areas will likely revise the current site plan. The staff has recommended to the developer that the appropriate process to follow would be: • Preparation of the concept plan, which is currently presented to the City Council and has been reviewed by the Planning Commission. • Preparation of an EAW to itemize and guide the final development plans for the site. • Conduct a Public Hearing as part of the EAW process for neighborhood input. • Revision of the site plan for final project submittal based upon EAW requirements. • Appropriate reviews of the final plans through the normal development process. 23 12 City Council Agenda Background CoPar Companies EAW Preparation May 17, 2005 Page Two This process will insure that an environmentally appropriate development is approved on the property. The review of the concept plan for the site is important at this phase of the development. The intent of this process is to find an improvement that addresses most concerns from the property. It will likely be more difficult to develop findings for denial, if a development is proposed that addresses the environmental concerns. The Council should review the attached report from the Planning Staff on the Concept Plan along with minutes from the Planning Commission on the concept plan. Guidance should be provided to the developer prior to proceeding to the EAW preparation. Background CoPar Companies has proposed to have an Environmental Assessment Worksheet (EAW) prepared for development of property along Henry Lane, south of Carver Avenue. An Environmental Assessment Worksheet (EAW) is a document used to determine if an Environmental Impact Statement (EIS) should be prepared on a project. An EAW reviews a standard list of questions related to various environmental issues. The EAW process is controlled by the Environmental Quality Board (EQB). The EQB is not the decision maker on an EAW. Their role is to ensure that process is followed. The city council remains the responsible governmental unit (RGU). The first step in the process is taken as part of this concept when the Council determines that they believed there is enough information presented that significant environmental impact is possible from the proposed development that additional environmental review was warranted. The attached resolution authorizes the preparation of an EAW. An independent consultant will prepare the EAW. The EAW preparation process typically takes 1 -2 months. Once the consultant has completed the EAW, the document must be published and sent to various agencies for comment, as well as circulated to residents and property owners for comment. These comments become part of the EAW document. The information developed for the EAW can be used to redesign the project; however, the EQB states "A petition process is not a means for resolving a disagreement with local government over whether a project should be built." The council's role, as RGU, will be to consider the EAW information and the comments received and officially decide if the project has the potential for significant environmental effects. If not, the environmental review process is over. Any appeal of this decision must be made in district court within 30 days. If the Council, as RGU, determines that an Environmental Impact Statement is needed, a much longer and detailed study process (typically many volumes of data over 3 -4 years) begins. Examples of projects where an EIS has been prepared in recent years are the Mega Mall expansion, the Hiawatha Light Rail Plan, 35W Roadway Improvements and the Minneapolis — St. Paul runway expansion. Because of the extensive nature of study related to the preparation of an EIS, this type of document is not routinely prepared. Proposed Project Schedule The current schedule for the project is: • Approval of Motion Directing Preparation of EAW May 23, 2005 • Hiring of Independent Consultant May 23, 2005 24 13 CoPar Companies EAW Preparation May 17, 2005 Page Three City Council Agenda Background • EAW Document Completed: July 8, 2005 • EAW Published for Comment July 18, 2005 • EAW Comment Period Ends August 18, 2005 • Council Final Decision on EAW August 22, 2005 Budget Impact Attached is a proposal from Kimley -Horn and Associates, Inc., a consultant from the City's pool that is proposing to prepare the EAW at a cost of $35,000. The EAW will look at issues within the Schlomka site as well as areas outside the project area for public utility service. The cost breakdown is $25,000 for the EAW on the Schlomka property and $10,000 for utility investigations for the remainder of the area. Utility service in this area is not readily available. Mainly sanitary sewer is being studied for expansion. It is proposed that the Sanitary Sewer Fund pay the $10,000 share from the 2005 budget established for Fees for Service. The remaining $25,000 will be paid by CoPar Companies. Recommendation It is recommended that the City Council direct that an Environmental Assessment Worksheet shall be prepared for the proposed CoPar Companies Development of the Schlomka property due to the possibility of significant impacts to the public utilities, public streets, area wetlands, Ramsey County open space, including Fish Creek, and the potential for significant erosion during construction activities. Further, the City Council approves the firm of Kimley -Horn and Associates, Inc. as the engineer to prepare the Environmental Assessment Worksheet at a fee of $35,000, and that CoPar Companies shall pay $25,000 of said fee with the remainder of the fee to be paid from the Fees for Service portion of the 2005 Sanitary Sewer Operating Budget. RCA C: Kimley -Horn Proposal for EAW Preparation 25 14 INDIVIDUAL PROJECT ORDER NUMBER 14 IFOURTEENI Describing a specific agreement between Kimley -Horn and Associates, Inc. (the Consultant), and the City of Maplewood (the Client) in accordance with the terms of the Master Agreement for Continuing Professional Services dated December 9, 2002, which is incorporated herein by reference. Identification of Project: Schlomka Property Environmental Assessment Worksheet (EAW) City Project 05 -07 General Category of Services: Environmental Assessment Worksheet Preparation Specific Scope of Basic Services: 1. Project Management, Coordination and Meetings 2. Complete EAW Document 3. Assist with EAW Distribution 4. Assist with Response to Public Comments and Record of Decision See attached Exhibit A for a more detailed summary of the proposed Scope of Services. Additional Services if Required: Future services may include feasibility report and final design phase tasks. Deliverables: EAW Document Responses to Public Comments Record of Decision Method of Compensation: To be billed on an Hourly (Cost Plus) basis as detailed in the attached Estimated Costs Summary (Exhibit B). Schedule: See attached Project Schedule (Exhibit C) Special Terms of Compensation: None Other Special Terms of Individual Project Order: None ACCEPTED: CITY OF MAPLEWOOD KIMLEY -HORN AND ASSOCIATES, INC. BY BY TITLE: TITLE: DATE: DATE: 26 15 PROJECT AREA = 73.19 ACRES SCHL0WKA PROPERTY = 60]2 ACRES OTHER PROPERTY = 0,88 ACRES RAMSEY COUNTY PARKS = 3.28 ACRES AND REC PROPERTY III