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HomeMy WebLinkAbout2005 06-13 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 13, 2005 Council Chambers, City Hall Meeting No. 05 -11 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayors 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.' � �e1 > >: Z 6 P /ems 6] 01 � I I I ki [it d *` Minutes from the City Council /Manager Workshop -May 23, 2005 Minutes from the City Council Meeting -May 23, 2005 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS 2004 Annual Financial Report and Audit Certificate of Recognition Eagle Scout Badge Award G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Food Permit Fee Waiver The Donut Family Maplewood Community Center 3. Carnival & Fireworks Fee Waiver Ramsey County Fair 4. Fireworks Fee Waiver Parks & Recreation July 4th Celebration 5. Lawful Gambling License Kristie Larson North Tartan Area Girls Basketball Booster Club 6. Authorize Acquisition of Tax - Forfeited Property: Parcel 15- 29 -22 -22 -0054 (Caves Addition Drainage Pond) 7. Donation to Police Department From Sheet Metal Workers Federal Credit Union 8. Appropriation of Funds From Police Services Fund 9. Approval of Water Ski Slalom Course Permit 10. Purchase of Two New Defibrillator Monitors 11. Compliance with Reimbursement Bond Regulations 12. Final Plat Hillside Estates (Springside Drive, west of Sterling Street) 13. Conditional Use Permit (CUP) Review - George's Auto Body (1225 Frost Avenue) 14. Conditional Use Permit (CUP) Review - Beaver Lake Townhouses (Lakewood Drive and Maryland Avenue) 15. Carlton Street Improvements, Project 03 -22 Resolution for Acceptance of Project H. PUBLIC HEARINGS 1. 7:00 p.m. County Road D Court Improvement, Project 04 -06 Assessment Hearing and Resolution for Adoption of the Assessment Roll 2. 7:15 p.m. T.H. 61 East Frontage Road Improvement, Project 04 -25 Assessment Hearing and Resolution for Adoption of the Assessment Roll IArI 4-11N111111110 -1IIR Hazelwood Street Improvements, Project 03- 39 -St. John's Boulevard Resolution Approving the Revised Project Financing Plan Resolution Receiving Bids and Awarding Construction Contract Public Works Building Expansion City Project 03 -19 Resolution for Receipt of Bids and Award of Construction Contract UNFINISHED BUSINESS K. NEW BUSINESS 1. Trout Land Auto Dealerships (Lexus Auto Service Center - Highway 61 and New County Road D) Conditional Use Permit Preliminary Plat Revision Design Approval Request for Funds for Outside Classification Consultant 2. Rolling Hills Manufactured Home Park (1375 Century Avenue) Roadway Easement Vacation (Marylake Road west of Century Avenue) Conditional Use Permit Review 3. Request for Funds for Outside Classification Consultant 4. 2005 -2006 Dispatcher Labor Agreement 5. Capital Improvement Plan for 2006 -2010 6. Water Surcharge 7. Preliminary Approval of Improvement Bond Issue 8. Requests for Proposals (RFP) City Recycling Services 9. Conditional Use Permit (CUP) Revision Liberty Classical Academy (1717 English Street) 10. Twin Cities Capitol Community Fund Participation Agreement 11. Kenwood Area Street Improvements, Project 05 -16 Resolution Ordering Preparation of Feasibility Study 12. Gervais Avenue Improvements (Cypress St. to Maplewood Dr.), Project 05 -17 Resolution Ordering Preparation of Feasibility Study 13. Settlement Agreement between City of Maplewood and Schmelz Family, LLC, Pertaining to Retained Utility Easements over Vacated Cope Avenue & Duluth Street 14. Markham Pond Retaining Wall, City Project 05 -18 Authorize Engineering Investigation of Wall Failure L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Dispatch Consolidation- Notice of Public Hearing - (Report to be distributed prior to meeting) O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerks 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 23, 2005 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C. Q Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan - Junek, Councilmember Will Rossbach, Councilmember Others Present: Acting City Manager Coleman Finance Director Faust Parks and Recreation Director Anderson REAL Department Director Guilfoile Human Resource Director Le Police Chief Thomalla Fire Chief Lukin Public Works Director AN City Attorney Kelly APPROVAL OF AGENDA Present Present Present Present Present Councilmember Monahan - Junek moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes -All NEW BUSINESS Human Resource Budget Presentation Human Resource Director Le gave the department's 2004 budget recap and projections in preparation for the upcoming council and management team retreat. Public Works Budget Presentation Public Works Director AN gave the department's 2004 budge recap and projections in preparation for the upcoming council and management team retreat. E. FUTURE TOPICS None F. ADJOURNMENT With there being no further business the meeting adjourned at 6:55 p.m. City Council /Manager Workshop 05 -23 -05 Agenda Item D2 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:10 P.M. Monday, May 23, 2005 Council Chambers, City Hall Meeting No. 05 -10 13 A C. A CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:10 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Council /Manager Workshop, May 02, 2005 Councilmember Juenemann moved to approve the minutes from the May 02, 2005 City Council /Manager workshop as presented. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain - Councilmember Monahan -Junek 2. Minutes from Council /Manager Workshop -May 02, 2005 Councilmember Juenemann moved to approve the minutes from the May 02, 2005 as presented. Seconded by Councilmember Koppen Ayes-All 3. Minutes from City Council Meeting -May 09, 2005 Councilmember Monahan -Junek moved to approve the minutes from the May 09, 2005 as presented. Seconded by Councilmember Koppen Ayes-All E. APPROVAL OF AGENDA M1. Edgerton School M2. Storm Water Brochure in the Newsletter M3. Passports M4. Fire Station Rentals M5. The South Leg Meeting M6. NEST City Council 05 -23 -05 I Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Rossbach Ayes-All F. APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA Councilmember Koppen moved to approve the consent agenda. Seconded by Councilmember Rossbach Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 119,625.15 Checks #66882 thru #66939 dated 5/10/05 $ 161,926.84 Disbursements via debits to checking account dated 4/28/05 thru 5/05/05 $ 274,633.82 Checks #66940 thru #66941 dated 5/10/05 $ 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 Payroll Checks and Direct Deposits dated $ 436,829.71 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 City Council 05 -23 -05 2 2. Purchase of Single -Axle Plow Truck Bodies and Plow /Wing Attachment Authorized to enter into a contract with Aspen Equipment, under State Contact #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. 3. Gladstone North Area Street Improvements, City Project 04 -15 — Resolution Approving Application for Easement Across State Land Adopted the following resolution approving application for easement across state land: RESOLUTION 05 -05 -077 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, MINNESOTA THAT: The City of Maplewood approves the Application for Easement across State Land. 4. Gladstone North Area Street Improvements, City Project 04 -15 — Resolution Approving Conditions of the Magellan Pipeline Encroachment Agreement Adopted the following resolution approving the conditions of the encroachment agreement and authorized the mayor to sign the agreement with Magellan Pipeline: RESOLUTION 05 -05 -078 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. City Council 05 -23 -05 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. Requests for Proposals (RFP) — City Recycling Services Approved the draft proposal for recycling services for the city. H. PUBLIC HEARINGS 1. 7:00 p.m. Hazelwood Street Improvements, Project 03 -39 Assessment Hearing Adopt resolution for Adoption of Assessment Roll a. Acting City Manager Coleman presented the report. b. Public Works Director AN presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: John Corcoran, 3003 Cardinal Pointe, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution for the adoption of the assessment roll for the Hazelwood Street Improvements, Protect 03 -39: RESOLUTION 05 -05 -079 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: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 13, 2005, as to their recommendations for adjustments. City Council 05 -23 -05 2. 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. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 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. 5. The city engineer and city clerk shall forthwith after October 1, 2005 but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes-All AWARD OF BIDS Cured -in -Place Pipe, Project 05 -09 — Resolution for Award of Bid Acting City Manager Coleman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen Seconded by Councilmember Monahan -Junek Ayes-All Hazelwood Street Improvements, Project 03 -39 — Resolution for Award of Bid Acting City Manager Coleman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Juenemann moved to continue this item to the June 13, 2005 City Council Meeting. Seconded by Councilmember Koppen Ayes-All City Council 05 -23 -05 UNFINISHED BUSINESS Public Safety Answering Point (PSAP) Consolidation Acting City Manager Coleman presented the staff report. Police Chief Thomalla presented specifics from the report. Councilmember Koppen moved to proceed with Option A. as outlined in the staff report which would move the city forward with the County for consolidation plans and informing Ramsey County to order the radio equipment to accommodate a consolidated center, including not met. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Rossbach and Koppen Nays — Councilmembers Juenemann and Monahan -Junek Councilmember Juenemann moved to direct the City Attorney to investigate opting out of the County's tax levy which would allow Maplewood to remain independent and not have our Taxpayer's pay twice for dispatch. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmember's Juenemann, Monahan -Junek and Rossbach Nays — Council member Koppen 2. 1 -94 Berm Acting City Manager Coleman presented the staff report. Public Works Director AN presented specifics from the report. Donald Disselcamp, 188 Crestview Drive North, Maplewood Jean Ashley, 2466 Brookview Drive, Maplewood K. No action requested or required. NEW BUSINESS Proposed Settlements -IAFF Local A -22 Firefighter and A -22 -S Fire Supervisors Acting City Manager Coleman presented the staff report. Human Resources Director Sherrie Le presented specifics from the report. Councilmember Koppen Seconded by Councilmember Rossbach Ayes -All TH 61 Improvements (Beam to 1 -694), City Project 03 -07 — Resolution Authorizing Cooperative Agreement with MnDOT for Funding City Council 05 -23 -05 Acting City Manager Coleman presented the staff report. Public Works Director AN presented specifics from the report. Councilmember Koppen CITY OF MAPLEWOOD RESOLUTION 05 -05 -080 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. Seconded by Councilmember Juenemann Ayes-All 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) Acting City Manager Coleman presented the staff report. Planner Roberts presented specifics from the report. C. Tom Hanson, Representing CoPar Companies, presented further specifics. Councilmember Koppen with the remainder of the fee to be paid from the Fees for Service portion of the 2005 Sanitary Sewer Operating Budget. Seconded by Councilmember Monahan -Junek Ayes-All The Following person was heard: Sue Schlomka 1525 Sterling, Maplewood 4. Dahl Avenue, Street and Utility Improvements for the Woodhill Development, City Project 05- 10- Resolution Approving Plans and Advertising for Bids Acting City Manager Coleman presented the staff report. b. Public Works Director AN presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution for the Dahl Avenue, Street and Utility Improvements for the Woodhill Development, City Project 05 -10 to approve plans and City Council 05 -23 -05 for advertisina for bids: RESOLUTION 05 -05 -081 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 25` 2005, plans and specifications for Dahl Avenue Street and Utility Improvements, Project 05 -10 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 17th day of June, 2005, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 27` 2005 Seconded by Councilmember Juenemann Ayes -All 1 TA1.1 I Cal :7:JN:&I:I. I re None I�� 11�816111 ,[a1111111:2N :&Ia,rr_A III [•],1.1 1. Edgerton School — Councilmember Juenemann reported that Edgerton Principal John Ahern has been named one of the national distinguished principals of 2005. 2. Storm Water Brochure in the Newsletter - Councilmember Juenemann reminded residents that a storm water brochure is included in the June City News. 3. Passports —At the Mayor's request, City Clerk Guilfoile gave a report regarding new passport travel requirements and an increase in passport fees. 4. Fire Station Rental - Councilmember Koppen shared inquiries regarding the renting of the fire stations. Fire Chief Lukin noted that the city does not rent out the fire hall to the public. 5. The South Leg Meeting - Councilmember Rossbach stated that the next meeting (June 2, 7:00) will include Ann Hutchinson from the Nature Center, discussion on the EAW and other interesting topics if time permits. 6. NEST - Councilmember Rossbach reported from the last meeting that the MET Council is considering trimming the Maplewood Budget by 10% and that the NEST committee is looking at how to cut 10 %. N. ADMINISTRATIVE PRESENTATIONS Charitable Gambling- Acting City Manager Coleman reminded non - profit groups that City Council 05 -23 -05 applications for Charitable Gambling should be turned in by June 3r Mapletree- Acting Manger Coleman noted a neighborhood meeting will be held on Wednesday, May 25` at 6:00 p.m. at the Hazelwood Fire Station. A quorum of the city council may be present. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 9:45 p.m. Seconded by Councilmember Koppen Ayes -All City Council 05 -23 -05 AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director RE: 2004 ANNUAL FINANCIAL REPORT AND AUDIT DATE: June 7, 2005 Chris Omdahl of KPMG will be at the Council meeting to review the annual financial report and audit reports. Copies of the 2004 Annual Financial Report were distributed to the City Council and management staff on May 9. Two additional items will also be reviewed at the meeting: 1. Legal compliance audit report letter. 2. Auditors' communication letter. Copies of these letters are attached. PWi na nce \word \a g n W U D l TM TG. doc .. __. KPMG LLP 4200 Wells Fargo Center 90 South Seventh Street Minneapolis, M N 55402 Independent Auditors' Report The Honorable Mayor and Members of the City Council City of Maplewood, Minnesota: We have audited, in accordance with auditing standards generally accepted in the United States of America, the basic financial statements of the City of Maplewood, Minnesota (the City) as of and for the year ended December 31,2004, and have issued as report thereon dated March 18,2005. In connection with our audit, nothing came to our attention that caused us to believe that the City failed to comply with the provisions of the contracting and bidding, deposits and investments, conflicts of interest, public indebtedness and claims and disbursements of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minn. Stat. 5 6.65, insofar as they relate to accounting matters. This report is intended solely for the information and use of the City and the Office of the State Auditor and is not intended to be and should not be used by anyone other than these specified parties. K , PPk1 c, L CP Minneapolis, Minnesota March 18,2005 - KPMG LLP Telephone 612 305 5000 4200 Wells Fargo Center Fax 612 305 5100 90 South Seventh Street Internet www.us.kpmg.com Minneapolis. MN 55402 March 18,2005 The Honorable Mayor and Members of the City Council City of Maplewood, Minnesota: We have audited the financial statements of the City of Maplewood, Minnesota (the City) for the year ended December 31, 2004, and have issued our report thereon dated March 18, 2005. Under generally accepted auditing standards, we are providing you with the attached information related to the conduct of our audit. OUR RESPONSIBILITY UNDER GENERALLY ACCEPTED AUDITING STANDARDS We have a responsibility to conduct our audit in accordance with auditing standards generally accepted in the United States of America. In carrying out this responsibility, we planned and performed the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the nature of audit evidence and the characteristics of fraud, we are to obtain reasonable, not absolute, assurance that material misstatements are detected. We have no responsibility to plan and perform the audit to obtain reasonable assurance that misstatements, whether caused by error or fraud, that are not material to the financial statements are detected. In addition, in planning and performing our - audit, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements. An audit does not include examining the effectiveness of internal control and does not provide assurance on internal control. SIGNIFICANT ACCOUNTING POLICIES The significant accounting policies used by the City are described in the notes to the financial statements. No accounting principles were adopted and the application of existing accounting policies was not changed during the fiscal year. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. ..?'.a US limited liability p ::* [be membtrM Z.*'ks50o lnternabonal,a9 oopemtive im MANAGEMENT JUDGMENTS AND ACCOUNTING ESTIMATES Accounting estimates are an integral part of the financial statements prepared by management and are based upon management's current judgments. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgments. We evaluated the key factors and assumptions used to ascertain that they are reasonable in relation to the financial statements of the City taken as a whole. AUDIT ADJUSTMENTS AND UNCORRECTED MISSTATEMENTS. lit connection with our audit of the City's basic financial statements, we have discussed with management certain financial statement misstatements that have not been corrected in the City's books and records as of and for the year ended December 31, 2004. We have reported such misstatements to management on a Summary of Uncorrected Misstatements and have received written representations from management that management believes that the uncorrected misstatements are immaterial to the financial statements taken as a whole. Attached is a copy of the summary that has been provided to, and discussed with, management. DISAGREEMENTS WITH MANAGEMENT There were no disagreements with management on financial accounting and reporting matters that, if not satisfactorily resolved, would have caused a modification of our report on the City's financial statements. CONSULTATION WITH OTHER ACCOUNTANTS To the best of our knowledge management has not consulted with or obtained opinions, written or oral, from other independent accountants during the past year that were subject to the requirements of Statement of Auditing Standards No. 50, Reports on the Application offleeounting Principles. MAJOR ISSUES DISCUSSED WITH MANAGEMENT PRIOR TO RETENTION We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. DIFFICULTIESENCOUNTERED IN PERFORMING THE AUDIT We encountered no is in dealing with management in performing our audit. SIGNIFICANT WRITTEN COMMUNICATIONS BETWEEN THE AUDITOR AND MANAGEMENT In accordance with the communication requirements of SAS No. 61, the following material written communications exist between management and us: I) Engagement letter dated February 23 ,2005; and 2) Management representation letter dated March 18 ,2005. ME This report is intended solely for the information and use of the Mayor and City Council and is not intended to r and should not be used by anyone other than these specified parties. This report is not intended for general use, circulation or publication and should not he published, circulated, reproducedor used for any purpose without our prior written permission in each specific instance. Very truly yours, L OP CITY r4PFwaop Summary of Uncorrected Misstatements December 31, 20# ZE missoilorrionis sir Bond issuance costs 18, invPsIment managemont fe" Acirniniturarve charges i212,955) Construction in Progress t acthiit ConsoucUou in Progress to reflos amounits ttwili,ire nof catstaiirabdo as a cap�tal asset as of Asseu5 Liabiklies Net Assets (363,012) Agenda Item F2 CERTIFICATE OF RECOGNITION WHEREAS, the Eagle Scout Badge Award is the highest award in Boy Scouting; and WHEREAS, to achieve this high honor, Boy Scouts must complete a minimum of 21 merit badges of which 12 are required in a myriad of educational and recreational categories; and WHEREAS, Eagle Scouts must plan and implement a significant leadership project involving a minimum of 100 hours of community service; and WHEREAS, only 3% of all Boy Scouts achieve this prestigious award; and NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Bob Cardinal, and the Maplewood City Council do hereby congratulate Jacob Robert Wolter for his hard work, dedication, and commitment in earning the Boy Scout Eagle Award. June 13, 2005 Mayor Bob Cardinal AGENDA NO. G -1 I Cf]7!► 117_\ .7 � 17� TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: June 13, 2005 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bill and authorized payment in accordance with City Council approved policies. ACCOUNTSPAYABLE S 32,531.98 Checks # 66984 thru # 66985 Payroll Checks and Direct Deposits dated 05/20/05 dated 5/20/05 thm 05/24/05 S 134,001.76 Checks # 66985 thru # 67025 dated 05/20/05 thru 05/24/05 S 129,266.79 Disbursements via debits to checking account 452,420.85 dated 05/13/05 thru 05/19/05 S 209,958.52 Checks # 67026 thru # 67028 Payroll Deduction check # 10 15 19 thru # 10 15 23 dated 05/24/05 S 115,691.47 Checks # 67029 thru # 67090 dated 5/31/05 S 3,381,269.62 Disbursements via debits to checking account dated 05/20/05 thru 02/25/05 S 668,999.63 Checks # 67091 thru # 67143 dated 06/03/05 thru 06/07/05 S 172,448.28 Disbursements via debits to checking account dated 05 -26 -05 tlmm 06 -02 -05 S 4,844,168.05 Total Accounts Payable PAYROLL S 439,996.21 Payroll Checks and Direct Deposits dated 05/20/05 S 2,673.00 Payroll Deduction check # 10 13 94 thru # 10 13 96 dated 05/20/05 S 452,420.85 Payroll Checks and Direct Deposits dated 06 -03 -05 S 4,378.57 Payroll Deduction check # 10 15 19 thru # 10 15 23 dated 06 -03 -05 S 899,468.63 Total Payroll S 5,743,636.68 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have am questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments c:\My Documents \Excel \Miscellaneous \05- AprClms 05 -20, 05 -27, 06 -03 vchlist 0512012005 10:13:07 AM Check Register City of Maplewood Check Date Vendor Descriotion /Account Amount 66984 5/13/2005 01345 RAMSEY COUNTY PROP TAX 2990 MAPLEWOOD DR N 28,372.00 PROP TAX 3062 HAZELWOOD DR 1,316.48 PROP TAX GOFF HOMES 092922110116 280.00 66985 5/16/2005 02113 FURSMAN, RICHARD REIMB FOR TUITION 2,563.50 66986 5/20/2005 03248 MUSIC MAGIC DJ FOR DANCE 5/20/05 300.00 66987 5/20/2005 01059 STATE OF MN 2005 VEHICLE DECALS - 20 40.00 66988 5/24/2005 02347 10,000 LAKES CHAPTER CHAPTER EDUCATION 60.00 66989 5/24/2005 02106 ADVANCED BUSINESS SYSTEMS, INC TYPEWRITER MAINT AGREEMENT 436.00 66990 5/24/2005 00055 AFFORDABLE ENGRAVING INC SILVER CLUTCH PINS 30.35 66991 5/24/2005 00090 AMERICAN RED CROSS CHARITABLE GAMBLING DONATION 1,720.00 66992 5/24/2005 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 5/7 - 5/13 777.80 66993 5/24/2005 03390 B C ENGINEERING INC TEST & REPAIR RIFLES 100.00 66994 5/24/2005 00232 BURNETT, MORLEY AND BETH REPAIR WIRELESS MICS 446.22 REPLACE STEREO & POWERSTRIP 75547 66995 5/24/2005 00279 GEMSTONE PRODUCTS CO. STORM SEWER MATERIALS 381.64 66996 5/24/2005 02974 CORBAN GROUP INC, THE RMS CONSULTINGSHAREPOINT 315.90 66997 5/24/2005 00354 CUSTOM FIRE APPARATUS, INC. REPAIR LADDER RACK 80.00 20 AUTO EJECT 220.00 66998 5/24/2005 03391 ELIAS, BRANDON SAFETY BOOTS 73.84 66999 5/24/2005 01973 ERICKSON OIL PRODUCTS INC CAR WASHES -APR 68.00 67000 5/24/2005 03392 FOLIA INDUSTRIES INC RAINGARDEN SIGNS -3 2,100.00 BUTTERFLY GARDEN SIGNS 1,400.00 67001 5/24/2005 00531 FRA -DOR BLACK DIRT & RECYCLE BLACK DIRT 51.92 67002 5/24/2005 01949 GARY L FISCHLER & ASSOC PA FITNESS FOR DUTY EVALUATION 1,550.00 CANDIDATE SCREEN 250.00 CANDIDATE SCREEN 250.00 67003 5/24/2005 02945 HEALTHEAST VEHICLE SERVICES INSTALL AR -15 MOUNT 119.00 INSTALL GUN LOCK 119.00 MIC BRACKETS & CLIPS 25.68 INSTALL GUN LOCK 119.00 SIREN SPEAKER 124.00 REPLACE STROBE TUBE 182.83 INSTALL GUN LOCK 119.00 REPLACE SIREN WIRING 174.00 REPAIR SIREN AMP WIRING 174.00 REPLACE RADAR OUTLET 72.00 REPLACE WIRES FOR SIREN 174.00 67004 5/24/2005 00668 HIEBERT, STEVEN REIMB FOR MEAL & K -9 KENNELING 69.63 67005 5/24/2005 01605 IFP TEST SERVICES INC PSYCH EXAM POLICE CANDIDATE 350.00 PSYCH EXAMS -2 700.00 67006 5/24/2005 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SRVS 4/21 -5/12 3,120.75 67007 5/24/2005 00942 MARSDEN BLDG MAINTENANCE CO SEWAGE CLEAN UP 255.60 67008 5/24/2005 00945 MASYS CORP STRATUS S/W MAINT - JUN 738.68 67009 5/24/2005 00977 METRO ATHLETIC SUPPLY TENNIS BALLS 165.18 67010 5/24/2005 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS (PAYROLL DED IN MAY) 309.00 67011 5/24/2005 01175 NORTH ST PAUL, CITY OF MONTHLY UTILITIES 2,368.20 67012 5/24/2005 00001 ONE TIME VENDOR REF SCOTT FRIEDMAN - AMB 04019744 58043 67013 5/24/2005 00001 ONE TIME VENDOR REF DARLENE JOYER - MEMBERSHIP 45.00 67014 5/24/2005 00001 ONE TIME VENDOR REF KIMBERLY SCHWANKI - MCC FROG 26.62 67015 5/24/2005 00001 ONE TIME VENDOR REF JULIE LARSON - MCC PROGRAM 18.00 67016 5/24/2005 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - APR 17,00641 67017 5/24/2005 01941 PATRICK GRAPHICS & TROPHIES FLOOR HOCKEY TROPHIES 766.80 67018 5/24/2005 01337 RAMSEY COUNTY -PROP REC & REV PLANTS 362.10 TAX INCREMENT FEES 4,427.08 DEPARTMENT SHOOT - FEB 765.00 67019 5/24/2005 01359 REGAL AUTO WASH DETAIL XX CARWASHES -APR 22.32 67020 5/24/2005 01504 ST PAUL, CITY OF RADIO SRV & MAINT -APR 892.89 ASPHALT MIX 2,224.08 MEDICAL SUPPLIES 1,100.72 67021 5/24/2005 01557 SUPERIOR FORD 2- 2005 FORD CROWN VICTORIA SQUADS 40,348.00 2005 FORD CROWN VICTORIA SQUAD 20,174.00 2005 FORD CROWN VICTORIA SQUAD 20,174.00 67022 5/24/2005 01572 SYSTEMS SUPPLY, INC. TONER CARTRIDGE 112.23 TONER CARTRIDGES 93.85 67023 5/24/2005 01574 TA. SCHIFSKY & SONS, INC ASPHALT 1,592.38 VARIOUS BITUMINOUS MATERIALS- 691.25 67024 5/24/2005 02652 TETZLAFF, JUDY REIMB FOR TUITION & BOOK 991.26 67025 5/24/2005 01734 WALSH. WILLIAM P. COMMERCIAL PLUMBING INSPECTIONS 700.65 42 Checks in this report Total checks : 166,533.74 F CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/12/05 05/13/05 MN State Treasurer Drivers License /Deputy Registrar 9,027.85 05/12/05 05/13/05 MN Dept of Natural Resources DNR electronic licenses 1,500.00 05/13/05 05/16/05 MN State Treasurer Drivers License /Deputy Registrar 12,825.11 05/16/05 05/17/05 MN State Treasurer Drivers License /Deputy Registrar 14,713.75 05/17/05 05/18/05 MN State Treasurer Drivers License /Deputy Registrar 13,284.64 05/18/05 05/19/05 MN State Treasurer Drivers License /Deputy Registrar 11,456.53 05/09/05 05/19/05 MN Dept of Revenue Sales Tax 7,981.00 05/13/05 05/19/05 Elan Financial Services* Purchasing card items 58,477.91 TOTAL 129,266.79 *Detailed listings of Elan purchasing card items are attached. 3 vchlist 05/27/2005 11:45:57 AM Check Register City of Maplewood Check Date Vendor Description /Account Amount 67026 5/24/2005 03393 LMCD PROPERTIES OF MN LLP PR #02 -08 PURCH LAND -CTY RD D 168,000.00 67027 5/24/2005 00986 METROPOLITAN COUNCIL MONTHLY SAC - APR 30,145.50 67028 5/24/2005 00460 CRETEX CONCRETE PRODUCTS NORTH 12" CONCRETE PIPE 11,813.02 67029 5/31/2005 00110 ANDREWS, SCOTT REIMB FOR MEALS 5/14 - 5/20 14.71 67030 5/31/2005 03375 ASHBY, MARK IMPOUND LOT LEASE -JUN 1,000.00 67031 5/31/2005 00174 BELDE,STAN K -9 MAINT - JUN 35.00 67032 5/31/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 216.00 MERCH FOR RESALE 216.00 67033 5/31/2005 03394 BLACK BOX RESALE SERVICES PHONE LINE SET 54.32 67034 5/31/2005 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTIL 1,294.03 67035 5/31/2005 01922 BREHEIM, ROGER CELL PHONE REIMB - JUN 15.00 67036 5/31/2005 03367 CAIN OUSE ASSOCIATION INC PROJ 03 -39 PROF SRVS 4/15 - 5/15 343.67 67037 5/31/2005 03200 COFFEY, KEVIN REIMB FOR MEAL & VEH SUPPLIES 40.84 67038 5/31/2005 00460 CRETEX CONCRETE PRODUCTS NORTH STORM SEWER STRUCTURE 387.27 67039 5/31/2005 03395 CRUMMY, JUDENE & CHARLIE REF GRADING ESC - 1563 500.00 67040 5/31/2005 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 67041 5/31/2005 02650 ELECTRO MECH CONTRACTING INC TRANSPORT 50' POLE 437.50 67042 5/31/2005 03140 ELLIS, ABHA YOGA INSTRUCTOR 5/2 - 5/16 265.00 67043 5/31/2005 00520 FLOR, TIMOTHY W REIMB FOR TUITION 210.00 67044 5/31/2005 00543 GE CAPITAL COPIER LEASE 5/13 - 6/12 293.94 67045 5/31/2005 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS -840 1,134.00 67046 5/31/2005 00589 GRAF, DAVE KARATE INSTRUCTOR 5/3 -5/24 146.25 67047 5/31/2005 03376 GREGORY CONNOR CONSULTING TRAINING 175.00 67048 5/31/2005 00668 HIEBERT, STEVEN K -9 MAINT - JUN 35.00 67049 5/31/2005 00686 HUDSON MAP COMPANY HUDSON WALL MAP 391.87 67050 5/31/2005 00687 HUGO'S TREE CARE INC PROJ 03 -36 CLEAR LAND 2,343.00 67051 5/31/2005 01605 IFP TEST SERVICES INC PSYCH EXAM FF 250.00 67052 5/31/2005 03397 JOHNSON, DOUG REIMB FOR NATL REGISTRY EXAM 100.00 67053 5/31/2005 02728 KI MLEY -HORN & ASSOCIATES INC PROJ 04 -21 PROF SRVS THRU 4/30 4,451.99 PROJ 05 -10 PROF SRVS THRU 8,389.89 PROJ 04 -23 PROF SRVS THRU 4/30 1,255.45 PROJ 02 -21 PROF SRVS THRU 4/30 1,260.74 67054 5/31/2005 00881 LUKIN, STEVE REIMB FOR MEALS & TAXI 4/14 - 116.00 67055 5/31/2005 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 331.20 MERCH FOR RESALE 390.36 MERCH FOR RESALE 514.84 MERCH FOR RESALE 447.53 TRAINING REFRESHMENTS- 5/9/05 21.06 TRAINING REFRESHMENTS 9.69 TRAINING REFRESHMENTS 5/13 21.06 BIRTHDAY CAKES 30.50 BIRTHDAY CAKES 40.50 BIRTHDAY CAKES 33.50 BIRTHDAY CAKES 15.25 67056 5/31/2005 01819 MCLEOD USA LOCAL PHONE SRV 4/16 - 5/15 1,912.34 67057 5/31/2005 01951 MEDICARE REFUND REF - BOGEN AMB 05001077 & 206.88 67058 5/31/2005 01001 MIDWEST LOCK & SAFE INC INSTALL LOCK 471.49 67059 5/31/2005 01018 MINNEAPOLIS FINANCE DEPT AUTOMATED PAWN SYS FEE - APR 599.00 67060 5/31/2005 01044 MN FIRE SERVICE CERT BD RECERTIFICATIONS - 29 435.00 67061 5/31/2005 01088 MN POLLUTION CONTROL AGENCY WORKSHOP REGISTRATION - 8 320.00 67062 5/31/2005 01095 MODERN FENCE & CONST INC INSTALL GATE & POST 650.00 REPAIR FENCE 775.00 67063 5/31/2005 01173 NORTH METRO AUTOMOTIVE REPAIR VEHICLE 97.37 67064 5/31/2005 02886 OERTEL ARCHITECTS PROJ 03 -19 PROF SRVS 3/26 -4/30 21,099.95 67065 5/31/2005 00001 ONE TIME VENDOR REF HOLIDAY CO - REPAIR 2,995.00 67066 5/31/2005 00001 ONE TIME VENDOR REF STEVE CARLSON - 86.46 4 Check Date Vendor Description /Account Amount 67067 5/31/2005 00001 ONE TIME VENDOR REF BOB EBERTZ - FIELD RENTAL 80.00 67068 5/31/2005 00001 ONE TIME VENDOR REF TONY KURSCHNER - 52.00 67069 5/31/2005 00001 ONE TIME VENDOR REF RENEE COPLEY -ROY- FIELD 35.00 67070 5/31/2005 00001 ONE TIME VENDOR REF LEANNE RUMSEY - AMB 30.00 67071 5/31/2005 00001 ONE TIME VENDOR REF LELAN BENERJI - MCC 15.97 67072 5/31/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 934.10 MERCH FOR RESALE 328.20 67073 5/31/2005 00396 PUBLIC SAFETY, DEPT OF TRAINING FEE 120.00 67074 5/31/2005 00396 PUBLIC SAFETY, DEPT OF TRANSFER FORFEITURE TITLES - 7 94.50 67075 5/31/2005 00396 PUBLIC SAFETY, DEPT OF HAZARDOUS CHEMICAL FEE 25.00 67076 5/31/2005 01345 RAMSEY COUNTY PROJ 03 -18 TREES & SHRUBS 449.43 67077 5/31/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE 492.98 MERCH FOR RESALE 255.14 MERCH FOR RESALE 267.55 67078 5/31/2005 01375 ROBERTS, KEN REIMB FOR TUITION & BOOKS 1,872.89 67079 5/31/2005 02741 ROETTJER EMBROIDERY UNIFORM HATS 30.00 67080 5/31/2005 01387 ROSSINI, DR. JAMES FITNESS PROGRAM ADMIN FEE - 100.00 67081 5/31/2005 03396 SCOTT FORD LATENT PRINT CONS TRAINING 2,300.00 67082 5/31/2005 03398 SHAMROCK GROUP MERCH FOR RESALE 117.00 67083 5/31/2005 01557 SUPERIOR FORD 2005 FORD CROWN VICTORIA 20,174.00 67084 5/31/2005 01567 SVENDSEN, RUSTIN REIMB FOR MEALS & TAXI 4/14 - 134.00 67085 5/31/2005 01574 T.A. SCHIFSKY & SONS, INC ASPHALT 3,159.46 67086 5/31/2005 01580 TSE, INC. JANITORIAL SRVS 3/20 -4/16 903.38 67087 5/31/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 136.00 67088 5/31/2005 02410 WELLS FARGO LEASING INC COPIER LEASE 5 -9 TO 6 -9 1,467.57 67089 5/31/2005 02462 WEMYSS, SCOTT D NAMETAGS 31.00 67090 5/31/2005 01190 XCEL ENERGY MONTHLY UTIL 2,663.58 MONTHLY UTIL 11,301.01 MONTHLY UTIL 10,734.06 65 Checks in this report Total checks : 325,649.99 5 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/19/05 05/20/05 05/09/05 05/19/05 05/20/05 05/20/05 05/20/05 05/20/05 05/23/05 05/20/05 05/20/05 05/24/05 05/24/05 05/24/05 05/24/05 05/20/05 05/20/05 05/20/05 05/20/05 05/23/05 05/23/05 05/23/05 05/23/05 05/24/05 05/24/05 05/24/05 05/24/05 05/24/05 05/24/05 05/25/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Revenue MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer M SAND i s patch e r /AFSC M E Citigroup Wells Fargo Dain Rauscher MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Deferred Compensation Fuel Tax DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax Union Dues Investment purchase Investment purchase Investment purchase Drivers License /Deputy Registrar Amount 10,417.05 9,106.10 253.00 1,752.50 10,867.50 90,711.36 51,687.01 24,700.00 18,406.19 17,379.21 2,528.26 973,461.11 1,158, 026.25 988,010.00 23,964.08 11 vchlist 06/03/2005 9:53:30 AM Check Register City of Maplewood Check Date Vendor Description /Account Amount 67091 6/3/2005 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 129,842.00 67092 6/3/2005 02929 CNAGLAC LONG TERM CARE INS 907.04 67093 6/3/2005 03396 FORD, SCOTT LATENT PRINT /DNA TRAINING 2,300.00 67094 6/3/2005 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120 -0 -1 - JUN 1,514.32 MONTHLY LTD PREMIUM 2,346.70 67095 6/3/2005 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 9,582.25 67096 6/3/2005 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,114.75 67097 6/7/2005 00058 MICHELE, CRAIG REIMB FOR MILEAGE 5/10 TO 5/25 28.35 67098 6/7/2005 03302 CGAA BASKETBALL YOUTH BASKETBALL PROGRAM 611.88 67099 6/7/2005 00298 CITY ENGINEERS ASSOC OF MN ANNUAL DUES 60.00 67100 6/7/2005 00340 CRAMER BUILDING SERVICES REPAIR CHILLER CONTROLS 2,750.00 67101 6/7/2005 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 326.54 67102 6/7/2005 00103 EARL F ANDERSON INC SIGN SUPPLIES 58.15 67103 6/7/2005 00487 F.M. FRATTALONE EXC INC PROJ 02 -07 CTY RD D - PYMT 9 73,102.50 67104 6/7/2005 00508 FIRE INSTRUCTORS ASSN OF MINN BOOKS 872.19 67105 6/7/2005 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREENING 250.00 CANDIDATE SCREENING 250.00 CANDIDATE SCREEN 250.00 CANDIDATE SCREEN 250.00 CANDIDATE SCREEN 250.00 PROFESSIONAL SRVS 300.00 67106 6/7/2005 00545 GFOA GASB SUBSCRIPTION 155.00 67107 6/7/2005 02158 HANSEN, LORI REIMB FOR PARKING 67.34 67108 6/7/2005 00718 INDEPENDENT SCHOOL DIST #622 GYM RENTAL 149.00 67109 6/7/2005 00708 IPMA MN CHAPTER ADMIN IPMA MEETING FEE 10.00 67110 6/7/2005 00755 JEFFERSON FIRE & SAFETY INC FIRE EXPLORER HELMETS 1,380.22 67111 6/7/2005 01835 JOHNSON, BONNIE REIMB FOR MILEAGE 5/31 6.48 67112 6/7/2005 02285 KELLY & FAWCETT, PA TRUST ACCT FINAL EASEMENT CLOSING COSTS 9,705.77 67113 6/7/2005 02728 KI MLEY -HORN & ASSOCIATES INC PROJECT ENGINEERING 3,655.58 PROJECT ENGINEERING 7,659.31 PROJECT ENGINEERING 5,773.50 PROJECT ENGINEERING 3,805.92 67114 6/7/2005 03256 LIEBERT CASSIDY WHITMORE FLSA JOB AUDITS 385.00 67115 6/7/2005 02060 LITTLE CANADA, CITY OF YOUTH BASKETBALL PROGRAM 2,289.20 67116 6/7/2005 00985 METROPOLITAN COUNCIL WASTEWATER - JUN 185,478.30 67117 6/7/2005 01202 NYSTROM PUBLISHING CO INC RECREATION POSTCARDS 1,028.53 MCC SUMMER SPECIAL POST 1,123.51 67118 6/7/2005 00001 ONE TIME VENDOR REF JUAN CHINO -AMB 03020707 167.00 67119 6/7/2005 00001 ONE TIME VENDOR REF KRISTINE STEIN -AMB 150.49 67120 6/7/2005 00001 ONE TIME VENDOR REF MARY BOYD - MCC PROGRAM 50.00 67121 6/7/2005 02563 PHILLIPS MEDICAL SYSTEMS ANALYZER FOR HEARTSTART 2,864.85 67122 6/7/2005 01300 PRIEBE, WILLIAM M REIMB FOR OVERALLS 45.48 67123 6/7/2005 01302 PRIEM, STEVEN REIMB FOR MILEAGE 5/24 -5/25 35.64 67124 6/7/2005 03107 PROCRAFT PAINTING CO INC PAINT BLOCK WALLS & DOORS 600.00 PAINT DOORS AND DUCT WORK 950.00 67125 6/7/2005 01345 RAMSEY COUNTY LEGACY VILLAGE TAX ABATEMENT 180,962.63 67126 6/7/2005 01326 RCLLG ANNUAL MEMBERSHIP DUES 945.00 67127 6/7/2005 01397 RYAN PLUMBING & HEATING CO. RP2 TEST FOR SPINKLER SYSTEM 175.00 TEST RP2 VALVES 1,750.00 67128 6/7/2005 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 90.47 MERCH FOR RESALE 116.77 67128 6/7/2005 01418 SAM'S CLUB DIRECT (Continued) PROGRAM SUPPLIES 302.16 MERCH FOR RESALE 105.20 MERCH FOR RESALE 40.38 PROGRAM SUPPLIES 244.40 MERCH FOR RESALE 122.60 7 vchlist 06/03/2005 9:53:30 AM Check Register City of Maplewood Check Date Vendor Description /Account Amount F7 MEMBERSHIP RENEWALS 285.00 ANNUAL ADMIN FEE 50.00 67129 6/7/2005 03073 SANDERS WACKER BERGLY INC LANDSCAPE ARCHITECTURAL SRV 6,874.60 67130 6/7/2005 01478 SMOKE EATER RENEW SUBSCRIPTIONS 522.50 67131 6/7/2005 01523 STATE BOARD OF ELECTRICITY LICENSE RENEWAL 30.00 67132 6/7/2005 01524 STATE OF MINNESOTA CPV PROGRAM ANNUAL MEMBERSHIP 500.00 67133 6/7/2005 02981 STORK TWIN CITY TESTING CORP PROJ 02 -07 PROF TESTING 855.00 67134 6/7/2005 01546 SUBURBAN SPORTSWEAR LLC SOCCER TSHIRTS 193.00 67135 6/7/2005 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4,748.00 67136 6/7/2005 02853 SVENDSEN, JOANNE REIMB FOR MILEAGE 5/5 -5/19 15.39 67137 6/7/2005 01568 SWANSON, LYLE REIMB FOR SAFETY BOOTS 89.00 67138 6/7/2005 01572 SYSTEMS SUPPLY, INC. INK & TONER CARTRIDGES 760.72 TONER CARTRIDGES 147.84 67139 6/7/2005 01574 T.A. SCHIFSKY & SONS, INC ASPHALT 4,172.47 67140 6/7/2005 02069 ULTIMATE DRAIN SERVICES INC PROJ 04 -15 TELEVISE SEWER LINE 160.00 PROJ 04 -15 TELEVISE MAIN LINE 235.00 PROJ 04 -15 TELEVISE SEWER LINE 415.00 67141 6/7/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 240.00 67142 6/7/2005 03378 WOEHRLE, MATT REIMB FOR MILEAGE 5/25 8.10 67143 6/7/2005 01190 XCEL ENERGY MONTHLY UTIL 6,340.61 53 Checks in this report Total checks : 668,999.63 F7 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/25/05 05/26/05 MN State Treasurer 05/23/05 05/26/05 ARC Administration 05/26/05 05/27/05 MN State Treasurer 05/20/05 05/27/05 WI Dept of Revenue 05/26/05 05/27/05 MN Dept of Natural Resources 05/27/05 05/31/05 MN State Treasurer 05/31/05 06/01/05 MN State Treasurer 06/01/05 06/01/05 US Bank Trust 06/01/05 06/02/05 MN State Treasurer 05/27/05 06/02/05 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 Drivers License /Deputy Registrar Debt Service Drivers License /Deputy Registrar Purchasing card items *Detailed listings of Elan purchasing card items are attached. Amount 13,253.44 2,197.65 21,152.99 1,617.70 1,315.00 17,223.50 22,797.07 17,350.00 27,393.97 48,146.96 172,448.28 A Transaction Review 6/2/2005 For Transactions posted between 05/14/2005 to 05/27/2005 Post Date VendorName Settlement Amt Cardholder Name 05/17/2005 GRAND VIEW LODGE & TENNIS 128.99 R CHARLES AHL 05/25/2005 FACTORY CARD OUTLET #284 68.70 MANDY ANZALDI 05/25/2005 TARGET 00011858 37.26 MANDY ANZALDI 05/16/2005 MN PHOTO 3.82 JOHN BANICK 05/16/2005 MERMAID 23.00 JOHN BANICK 05/16/2005 KOHL'S #0052 217.47 JOHN BANICK 05/20/2005 SHRED -IT 136.53 JOHN BANICK 05/23/2005 UNIFORMS UNLIMITED INC 350.87 JOHN BANICK 05/23/2005 EAT INC 99.94 JOHN BANICK 05/24/2005 MN PHOTO 48.14 JOHN BANICK 05/24/2005 AWARDS BY HAMMOND INC 99.30 JOHN BANICK 05/26/2005 LAMETTRY'S COLLISION 2,948.07 JOHN BANICK 05/27/2005 VASKO SOLID WASTE INC 486.20 JOHN BANICK 05/27/2005 VASKO SOLID WASTE INC 90.00 JOHN BANICK 05/16/2005 PRIORTIY COURIER 41.28 JIM BEHAN 05/19/2005 HENRIKSEN ACE HARDWARE 4.97 JIM BEHAN 05/19/2005 HENRIKSEN ACE HARDWARE 49.99 JIM BEHAN 05/19/2005 NUCO2 Of OF Of 51.07 JIM BEHAN 05/19/2005 NUCO2 Of OF Of 82.00 JIM BEHAN 05/19/2005 NUCO2 Of OF Of 82.00 JIM BEHAN 05/19/2005 NUCO2 Of OF Of 60.20 JIM BEHAN 05/23/2005 MUSKA LIGHTING CENTER 322.29 JIM BEHAN 05/25/2005 PERFORMANCE TRANSMI 192.40 JOSEPH BERGERON 05/16/2005 ACORN NATURALISTS -INTE 123.70 OAKLEY BIESANZ 05/25/2005 KNOWLANS #2 13.56 OAKLEY BIESANZ 05/24/2005 THE ORIENTAL RESTAURAN 23.10 RON BOURQUIN 05/24/2005 NORTHERN TOOL EQUIP -MN 56.38 RON BOURQUIN 05/25/2005 CHECKER #182800018283 23.41 RONBOURQUIN 05/23/2005 PIONEER PRESS SUB SCRIPTI 8.30 ROGER BREHE FM 05/20/2005 THE HOME DEPOT 2801 93.28 TROY BRINK 05/25/2005 UTILITY SAFEGUARD 88.50 TROY BRINK 05/16/2005 EPSON STORE 134.70 HEIDI CAREY 05/20/2005 HELMER PRINTING 499.00 HEIDI CAREY 05/20/2005 RUSH KING PROMOTIONS 294.00 HEIDI CAREY 05/24/2005 DEX EAST - LOCKBOX 30.20 HEIDI CAREY 05/25/2005 FEDEX KINKO'S #0617 46.01 HEIDI CAREY 05/26/2005 THE HOME DEPOT 2801 42.60 HEIDI CAREY 05/26/2005 FEDEX KINKO'S #0617 92.02 HEIDI CAREY 05/17/2005 GRAND VIEW LODGE & TENNIS 129.52 CHRISTOPHER CAVETT 05/17/2005 VERIZON WRLS I2KW 28.43 CHRISTOPHER CAVETT 05/16/2005 CRAGUNS LODGE AND GOLF RE 191.07 MELINDA COLEMAN 05/23/2005 BERGMANN'S GREENHOUSES 46.75 MELINDA COLEMAN 05/19/2005 RHODE ISLAND NOVELTY 294.20 LINDA CROSSON 05/27/2005 TIME WARNER CABLE 109.79 LINDA CROSSON 05/23/2005 COMCAST CABLE COMM 48.28 ROBERTA DARST 05/26/2005 U OF M- CCE CLASSES - 195.00 ROBERTA DARST 05/27/2005 S & T OFFICE PRODUCTS 161.06 ROBERTA DARST 05/17/2005 MENARDS 3059 5.71 ROBERT J DOLLERSCHELL 05/19/2005 THE HOME DEPOT 2801 40.01 DOUG EDGE 05/19/2005 THE HOME DEPOT 2801 21.98 DOUG EDGE 05/23/2005 TARGET 00011858 28.28 PAUL EVERSON 05/23/2005 GOVERNMENT FINANCE OFFIC 415.00 DANIEL F FAUST 10 Transaction Review 6/2/2005 For Transactions posted between 05/14/2005 to 05/27/2005 Post Date VendorName Settlement Amt Cardholder Name 05/20/2005 GLENWOOD- INGLEWOOD 106.34 DAVID FISHER 05/16/2005 HOTELS.COM 1,215.90 MYCHAL FOWLDS 05/25/2005 SOFTWARE HOUSE INTL 28.76 MYCHAL FOWLDS 05/25/2005 SOFTWARE HOUSE INTL 28.76 MYCHAL FOWLDS 05/27/2005 SOFTWARE HOUSE INTL -28.76 MYCHAL FOWLDS 05/17/2005 HPSHOPPING.COM 2,037.95 NICK FRANZEN 05/17/2005 HPSHOPPING.COM - 2,037.95 NICK FRANZEN 05/18/2005 HPSHOPPING.COM 1,602.99 NICK FRANZEN 05/18 /2005 BESTBUYCOM 88994009 319.48 NICK FRANZEN 05/23/2005 CIRCUIT CITY SS #3137 95.83 NICK FRANZEN 05/25/2005 HPSHOPPING.COM 359.96 NICK FRANZEN 05/27/2005 SYX TIGERDIRECYCOM 502.07 NICK FRANZEN 05/20/2005 MENARDS 3059 54.27 RONALD FREBERG 05/19/2005 PECA/ROMAR/POST PIX 66.62 PATRICIA FRY 05/16/2005 CRAGUNS LODGE AND GOLF RE 191.07 RICHARD FURSMAN 05/20/2005 THE HOME DEPOT 2801 19.14 VIRGINIA GAYNOR 05/24/2005 DAVANNI'S #9 18.53 VIRGINIA GAYNOR 05/16/2005 THE HOME DEPOT 2801 6.37 DAVID GERMAIN 05/20/2005 I A A I 50.00 CLARENCE GERVAIS 05/23/2005 XPEDX 492.67 JEAN GLASS 05/20/2005 OFFICE MAX 00002204 52.96 MIKE GRAF 05/23/2005 SUPER-AMERICA 4089 23.63 MIKE GRAF 05/26/2005 HEJNY RENTAL 334.92 MIKE GRAF 05/27/2005 RHODE ISLAND NOVELTY 23 8.08 MIKE GRAF 05/27/2005 PRINTGLOBE INC 865.00 MIKE GRAF 05/16/2005 MICHAELS #9401 28.26 JANET M GREW HAYMAN 05/23/2005 THE HOME DEPOT 2801 13.81 MARK HAAG 05/23/2005 FASTENAL CO MO TO 58.89 MARK HAAG 05/27/2005 THE HOME DEPOT 2801 23.46 MARK HAAG 05/18 /2005 S & T OFFICE PRODUCTS 106.33 LORI HANSON 05/19/2005 DATABAZAAR.COM 142.80 LORI HANSON 05/19/2005 REED BUS INTO ACCT REC 179.78 LORI HANSON 05/19/2005 REED BUS INTO ACCT REC 500.96 LORI HANSON 05/26/2005 LESCO SC 0530 41.73 GARYHINNENKAMP 05/26/2005 AMERICAN RED CROSOI OF OI 304.00 RON HORWATH 05/27/2005 TARGET 00011858 18.18 RONHORWATH 05/27/2005 TARGET 00011858 19.87 RONHORWATH 05/20/2005 TARGET 00011858 8.51 STEVE HURLEY 05/23/2005 NEXTEL WRLESSSVCS 206.15 STEVE HURLEY 05/23/2005 JAMAR TECHNOLOGIES 292.89 SCOTT JACOBSON 05/16/2005 DALCO ENTERPRISES, INC 53.06 DAVID JAHN 05/23/2005 IRON AGE CORP 149.95 DON JONES 05/25/2005 OAKDALE RENTAL CENTER 296.07 DON JONES 05/17/2005 THOMAS TOOL AND SU 170.36 MICHAEL KANE 05/25/2005 CERTIFIED LABORATORIES 938.36 MICHAEL KANE 05/25/2005 TURFWERKS, LLC. 125.67 MICHAEL KANE 05/23/2005 TARGET 00011858 74.44 MARY B KOEHNEN 05/16/2005 UNIFORMS UNLIMITED INC 112.00 DAVID KVAM 05/16/2005 CENTURY COMM & TECH 1,205.90 DAVID KVAM 05/23/2005 UNIFORMS UNLIMITED INC 13 0. 00 DAVID KVAM 05/23/2005 CENTURY COMM & TECH 482.36 DAVID KVAM 05/26/2005 PERKINS #1326 09613266 8.72 DAVID KVAM 11 Transaction Review For Transactions posted between 05/14/2005 to 05/27/2005 Post Date Vendor Name 05/26/2005 05/18 /2005 05/18 /2005 05/19/2005 05/26/2005 05/16/2005 05/17/2005 05/19/2005 05/19/2005 05/19/2005 05/19/2005 05/23/2005 05/27/2005 05/26/2005 05/17/2005 05/17/2005 05/19/2005 05/20/2005 05/25/2005 05/25/2005 05/20/2005 05/23/2005 05/24/2005 05/17/2005 05/25/2005 05/17/2005 05/26/2005 05/20/2005 05/18 /2005 05/26/2005 05/23/2005 05/23/2005 05/18 /2005 05/19/2005 05/18 /2005 05/25/2005 05/25/2005 05/16/2005 05/16/2005 05/20/2005 05/20/2005 05/18 /2005 05/23/2005 05/25/2005 05/25/2005 05/26/2005 05/26/2005 05/26/2005 05/27/2005 05/25/2005 05/16/2005 05/16/2005 FAMOUS DAVE'S #2006 SHERATON HOTELS S PDR ISL DALCO ENTERPRISES, INC DALCO ENTERPRISES, INC MENARDS 3022 FEDEX KINKO'S #0617 VERIZON WRLS I2KW EMERGENCY APPARATUS MAINT INTL ASSOC OF FIRE CHIEFS INTL ASSOC OF FIRE CHIEFS INTL ASSOC OF FIRE CHIEFS SBCPAGING S & T OFFICE PRODUCTS CUB FOODS, INC. BEISSWENGER'S VERIZON WRLS I2KW ON SITE SANITATION, IN PATIO TOWN OAKDALE TWIN CITY HARDWARE RAINBOW GROUP LLC TEE'S PLUS AMOCO OIL 07780703 COUNTRY INN VERIZON WRLS I2KW LTG POWER EQUIPMENT SPRINTPCS AUTOPYMT RCI UNITED RENTALS/HTG #229 DEMCO INC S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS OXYGEN SERVICE CO IRON AGE CORP COOK INCORPORATED EMERGENCY MEDICAL PROD COPY EQUIPMENT S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS TWIN CITY HARDWARE THE HOME DEPOT 280E TWIN CITY HARDWARE TWIN CITY HARDWARE HP ASSISTED SERVICE HP ASSISTED SERVICE MEDTECH FORENSICS INC PWP TRAINING PROD HEINE SHIP SUPPLIES EMED CO INC AAA PRICE COM INC AMZ AMAZON PAYMENTS THE STAR TRIBUNE - CIRCULAT NORTHERN TOOL EQUIPMNT JOHNSON RADIO COMM Settlement Amt Cardholder Name 6/2/2005 8.00 DAVID KVAM 405.21 SHERYL L LE 88.18 MICHAEL LIDBERG 264.55 MICHAEL LIDBERG 3.50 DENNIS LINDORFF 85.20 STEVE LUKIN 48.09 STEVE LUKIN 789.11 STEVE LUKIN 395.00 STEVE LUKIN 395.00 STEVE LUKIN 395.00 STEVE LUKIN 17.72 STEVE LUKIN 3,085.97 STEVE LUKIN 43.94 GORDON MALLORY 67.84 MARK MARUSKA 36.23 MARK MARUSKA 617.59 MARK MARUSKA 113.32 MARK MARUSKA 460.89 MARK MARUSKA 304.46 MARK MARUSKA 712.24 ALEISA METRY 20.00 ALEISA METRY 94.79 ALEISA METRY 61.85 ED NADEAU 15.56 ED NADEAU 131.07 BRYAN NAGEL 47.39 BRYAN NAGEL 180.36 JEAN NELSON 625.42 AMY NIVEN 500.55 AMY NIVEN 14.04 RICHARD NORDQUIST 157.95 RICHARD NORDQUIST 21.39 KURT PARSONS 484.07 KURT PARSONS 255.62 DENNIS PECK 44.72 KATHLEEN PECK HALL 44.72 KATHLEEN PECK HALL 26.45 ROBERT PETERSON 72.63 ROBERT PETERSON 335.41 ROBERT PETERSON 232.05 ROBERT PETERSON 74.55 PHILIP F POWELL 122.48 PHILIP F POWELL 285.35 PHILIP F POWELL 66.98 PHILIP F POWELL 59.21 PHILIP F POWELL 69.58 PHILIP F POWELL 202.45 PHILIP F POWELL 352.58 PHILIP F POWELL 112.58 WILLIAM JPRIEFER 109.67 STEVEN PRIEM 45.00 STEVEN PRIEM 12 Transaction Review 6/2/2005 For Transactions posted between 05/14/2005 to 05/27/2005 Post Date VendorName Settlement Amt Cardholder Name 05/17/2005 POMPS TIRE SERVICE 204.69 STEVENPRIEM 05/17/2005 FACTORY MOTOR PARTS 97.11 STEVENPRIEM 05/17/2005 CARQUEST 54.05 STEVENPRIEM 05/18/2005 TRUCK UTILITE S INC 48.99 STEVENPRIEM 05/18 /2005 SUNRAYBTB 19.65 STEVENPRIEM 05/18/2005 KATH AUTO PARTS 167.47 STEVENPRIEM 05/18 /2005 POLAR CHEVROLET 82.39 STEVENPRIEM 05/19/2005 PAM OIL INC 129.31 STEVENPRIEM 05/19/2005 BAUER BULT TRE33200023 165.59 STEVENPRIEM 05/19/2005 KATH AUTO PARTS 27.57 STEVENPRIEM 05/20/2005 AMERICAN FASTENER00 OF 00 127.05 STEVEN PRIEM 05/20/2005 KATH AUTO PARTS 65.10 STEVEN PRIEM 05/23/2005 MERIT CHEVROLET 144.37 STEVENPRIEM 05/25/2005 GENERATOR SPECIALTY CO 217.45 STEVENPRIEM 05/25/2005 BAUER BULT TRE33200023 585.75 STEVENPRIEM 05/26/2005 KATH AUTO PARTS 157.71 STEVEN PRIEM 05/27/2005 POLAR CHEVROLET 81.32 STEVENPRIEM 05/27/2005 SUNRAYBTB 63.01 STEVENPRIEM 05/18 /2005 CENTURY BOOKSTORE 107.55 KEVIN RABBETT 05/19/2005 NEXTEL WIRELESS SVCS 2,047.47 KEVIN RABBETT 05/20/2005 MINNESOTA SAFETY COUNC 65.00 TERRIE RAMEAUX 05/23/2005 DALCO ENTERPRISES, INC 132.64 MICHAEL REILLY 05/23/2005 MENARDS 3059 16.98 MICHAEL REILLY 05/20/2005 OAKDALE RENTAL CENTER l 16.09 ROBERT RUNNING 05/16/2005 MILLS FLEET FARM #27 39.67 JAMES SCHINDELDECKER 05/16/2005 NORTHERN TOOL EQUIP -MN 31.94 JAMES SCHINDELDECKER 05/16/2005 MENARDS 3022 25.92 JAMES SCHINDELDECKER 05/18/2005 MENARDS 3022 57.98 JAMES SCHINDELDECKER 05/19/2005 TWIN CITY HARDWARE 43.13 JAMES SCHINDELDECKER 05/19/2005 TWIN CITY HARDWARE 14.22 JAMES SCHINDELDECKER 05/23/2005 NORTHERN TOOL EQUIPMNT 19.16 JAMES SCHINDELDECKER 05/16/2005 CURTIS 1000 50.27 DEB SCHMIDT 05/20/2005 SHRED -IT 16.65 DEB SCHMIDT 05/27/2005 SHRED -IT 99.90 DEB SCHMIDT 05/16/2005 ARAMARK REF SVS #6013- 354.95 RUSSELL L SCHMIDT 05/20/2005 PRICE CHOPPER INC00 OF 00 1,988.39 RUSSELL L SCHMIDT 05/16/2005 CUB FOODS, INC. 33.21 MICHAEL SHORTREED 05/17/2005 VERIZON WRLS I2KW 45.15 ANDREA SINDT 05/19/2005 NEXTEL WIRELESS SVCS 389.12 ANDREA SINDT 05/26/2005 S & T OFFICE PRODUCTS 42.83 ANDREA SINDT 05/26/2005 S & T OFFICE PRODUCTS 2.23 ANDREA SINDT 05/25/2005 LOFFLER BUSINESS SYSTE 470.73 JOANNE M SVENDSEN 05/26/2005 S & T OFFICE PRODUCTS 315.28 JOANNE M SVENDSEN 05/19/2005 NAPA AUTO PARTS # 28438 17.02 RONALD SVENDSEN 05/23/2005 CUB FOODS, INC. 27.29 RONALD SVENDSEN 05/16/2005 NWA AIR 0122117437633 178.39 AUSTIN SVENDSEN 05/16/2005 NWA AIR 0122117437634 178.39 AUSTIN SVENDSEN 05/16/2005 NWA AIR 0122117437635 178.39 AUSTIN SVENDSEN 05/23/2005 METRO FIRE 307.42 AUSTIN SVENDSEN 05/23/2005 CENTURY COMM & TECH 199.00 AUSTIN SVENDSEN 05/25/2005 EMERGENCY MEDICAL PROD 169.00 AUSTIN SVENDSEN 05/26/2005 MENARDS 3059 25.20 AUSTIN SVENDSEN 13 Transaction Review For Transactions posted between 05/14/2005 to 05/27/2005 Post Date VendorName Settlement Amt Cardholder Name 05/16/2005 VIKING ELECTRIC -ST. PAUL 05/16/2005 EXCELLCOM 05/18 /2005 STATE SUPPLY CO. INC 05/20/2005 STATE SUPPLY CO. INC 05/20/2005 ALL MAIN STREET ELECTRIC 05/23/2005 OFFICE MAX 00002204 05/25/2005 EXCELLCOM 05/27/2005 THE HOME DEPOT 2801 05/23/2005 QWESTCOMM TN651 05/27/2005 BROCK WHITE -180 05/18 /2005 XP SOFTWARE 05/18 /2005 XP SOFTWARE 05/27/2005 7 CORNERS ACE HARDWARE 05/20/2005 USPS POSTAL STORE 05/18 /2005 GREEN STUFF INC 05/19/2005 USPS 2 663 6500 15 05/19/2005 VIKING #1090 05/20/2005 VIKING #1090 05/20/2005 VIKING #1090 05/20/2005 VIKING #1090 05/25/2005 PIZZA MAN 05/25/2005 AFFORDABLE ENGRAVING 6/2/2005 112.31 LYLE SWANSON 57.49 LYLE SWANSON 179.64 LYLE SWANSON 94.71 LYLE SWANSON 105.00 LYLE SWANSON 50.04 LYLE SWANSON 5.34 LYLE SWANSON 126.70 LYLE SWANSON 342.29 JUDY TETZLAFF 239.68 TODD TEVLIN 900.00 CHARLES J VERMEERSCH 520.00 CHARLES J VERMEERSCH 446.03 CHARLES J VERMEERSCH 38.00 JUDY WEGWERTH 50.06 SUSANZWIEG 153.30 SUSANZWIEG 204.52 SUSANZWIEG 23.83 SUSANZWIEG 5.74 SUSAN ZWIEG 5.01 SUSANZWIEG 95.60 SUSANZWIEG 87.59 SUSANZWIEG 48,146.96 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/20/05 CARDINAL, ROBERT 422.42 dd 05/20/05 JUENEMANN, KATHLEEN 371.77 dd 05/20/05 KOPPEN, MARVIN 371.77 dd 05/20/05 MONAHAN- JUNEK, JACQUELINE 371.77 dd 05/20/05 ROSSBACH, WILLIAM 371.77 dd 05/20/05 COLEMAN, MELINDA 4,058.20 dd 05/20/05 DARST, ROBERTA 1,673.55 dd 05/20/05 FURSMAN, RICHARD 4,638.25 dd 05/20/05 SWANSON, LYLE 1,782.30 dd 05/20/05 LE, SHERYL 3,958.50 dd 05/20/05 RAMEAUX, THERESE 2,353.34 dd 05/20/05 FAUST, DANIEL 4,128.24 dd 05/20/05 SCHMIDT, DEBORAH 1,442.97 dd 05/20/05 ANDERSON, CAROLE 1,119.48 dd 05/20/05 BAUMAN, GAYLE 3,403.12 dd 05/20/05 JACKSON, MARY 1,802.95 dd 05/20/05 KELSEY, CONNIE 1,158.25 dd 05/20/05 TETZLAFF, JUDY 1,802.95 dd 05/20/05 FRY, PATRICIA 1,673.36 dd 05/20/05 GUILFOILE, KAREN 2,855.98 dd 05/20/05 OSTER, ANDREA 1,747.66 dd 05/20/05 CARLE, JEANETTE 1,667.91 dd 05/20/05 FIGG, SHERRIE 1,020.96 dd 05/20/05 JAGOE, CAROL 1,616.46 dd 05/20/05 JOHNSON, BONNIE 1,027.29 dd 05/20/05 MOY, PAMELA 760.18 dd 05/20/05 OLSON, SANDRA 1,616.68 dd 05/20/05 WEAVER, KRISTINE 1,736.56 dd 05/20/05 BANICK, JOHN 3,834.90 dd 05/20/05 CORCORAN, THERESA 1,614.15 dd 05/20/05 POWELL, PHILIP 2,246.22 dd 05/20/05 RICHIE, CAROLE 1,662.87 dd 05/20/05 SPANGLER, EDNA 302.50 dd 05/20/05 THOMALLA, DAVID 4,247.72 dd 05/20/05 ABEL, CLINT 2,201.18 dd 05/20/05 ALDRIDGE, MARK 2,892.95 dd 05/20/05 ANDREWS, SCOTT 2,967.80 dd 05/20/05 BAKKE, LONN 2,416.69 dd 05/20/05 BELDE, STANLEY 2,785.91 dd 05/20/05 BIERDEMAN, BRIAN 2,022.76 dd 05/20/05 BOHL, JOHN 3,663.85 dd 05/20/05 BUSACK, DANIEL 2,573.49 dd 05/20/05 COFFEY, KEVIN 2,977.69 dd 05/20/05 CROTTY, KERRY 2,446.90 dd 05/20/05 DOBLAR, RICHARD 2,938.12 dd 05/20/05 DUNN, ALICE 3,049.83 dd 05/20/05 GABRIEL, ANTHONY 1,807.80 dd 05/20/05 HEINZ, STEPHEN 2,721.89 dd 05/20/05 HILBERT, STEVEN 2,546.87 dd 05/20/05 JOHNSON, KEVIN 4,195.90 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/20/05 KARTS, FLINT 2,749.92 dd 05/20/05 KONG, TOMMY 2,276.45 dd 05/20/05 KROLL, BRETT 2,218.35 dd 05/20/05 KVAM, DAVID 3,374.82 dd 05/20/05 LARSON, DANIEL 398.69 dd 05/20/05 LU, JOHNNIE 2,405.01 dd 05/20/05 MARINO, JASON 2,407.21 dd 05/20/05 MARTIN, JERROLD 2,419.22 dd 05/20/05 MCCARTY, GLEN 2,023.71 dd 05/20/05 METRY, ALESIA 2,535.05 dd 05/20/05 NYE, MICHAEL 1,605.88 dd 05/20/05 OLSON, JULIE 2,552.28 dd 05/20/05 RABBETT, KEVIN 3,450.09 dd 05/20/05 RHUDE, MATTHEW 1,584.25 dd 05/20/05 STEFFEN, SCOTT 2,856.71 dd 05/20/05 SYPNIEWSKI, WILLIAM 1,584.25 dd 05/20/05 SZCZEPANSKI, THOMAS 2,980.12 dd 05/20/05 WENZEL, JAY 2,394.23 dd 05/20/05 XIONG, KAO 2,201.18 dd 05/20/05 BARTZ, PAUL 2,701.07 dd 05/20/05 BERGERON, JOSEPH 3,051.55 dd 05/20/05 DUGAS, MICHAEL 2,540.29 dd 05/20/05 ERICKSON, VIRGINIA 2,524.44 dd 05/20/05 FLOR, TIMOTHY 2,993.50 dd 05/20/05 FRASER, JOHN 2,737.12 dd 05/20/05 L'ALLIER, DANIEL 1,365.14 dd 05/20/05 LANGNER, SCOTT 1,913.85 dd 05/20/05 PALMA, STEVEN 3,075.14 dd 05/20/05 THEISEN, PAUL 2,133.58 dd 05/20/05 THIENES, PAUL 2,760.70 dd 05/20/05 DAWSON, RICHARD 2,224.29 dd 05/20/05 DUELLMAN, KIRK 1,831.44 dd 05/20/05 EVERSON, PAUL 2,087.92 dd 05/20/05 HALWEG, JODI 1,990.68 dd 05/20/05 JOHNSON, DOUGLAS 1,844.53 dd 05/20/05 NOVAK, JEROME 2,309.41 dd 05/20/05 PARSONS, KURT 1,965.67 dd 05/20/05 PETERSON, ROBERT 2,421.56 dd 05/20/05 SVENDSEN, RONALD 2,551.83 dd 05/20/05 GERVAIS -JR, CLARENCE 2,757.93 dd 05/20/05 BAUER, MICHELLE 1,617.39 dd 05/20/05 FLAUGHER, JAYME 1,934.20 dd 05/20/05 HERMANSON, CHAD 1,755.04 dd 05/20/05 HUBIN, KENNARD 1,733.57 dd 05/20/05 LAFFERTY, WALTER 1,810.15 dd 05/20/05 LINN, BRYAN 2,183.69 dd 05/20/05 PACOLT, MARSHA 2,339.34 dd 05/20/05 RABINE, JANET 1,810.15 dd 05/20/05 STAHNKE, JULIE 1,810.15 dd 05/20/05 LUKIN, STEVEN 3,731.90 dd 05/20/05 RYAN, MICHAEL 487.50 dd 05/20/05 SVENDSEN, AUSTIN 2,991.94 dd 05/20/05 ZWIEG, SUSAN 1,745.35 dd 05/20/05 DOLLERSCHELL, ROBERT 282.07 dd 05/20/05 AHL, R. CHARLES 4,329.30 dd 05/20/05 GROHS, JUDITH 1,752.28 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/20/05 NIVEN, AMY 1,187.82 dd 05/20/05 PRIEFER, WILLIAM 2,604.67 dd 05/20/05 BRINK, TROY 1,657.75 dd 05/20/05 DEBILZAN, THOMAS 1,822.15 dd 05/20/05 EDGE, DOUGLAS 1,826.15 dd 05/20/05 JONES, DONALD 2,069.85 dd 05/20/05 KANE, MICHAEL 2,941.68 dd 05/20/05 MEYER, GERALD 1,896.19 dd 05/20/05 NAGEL, BRYAN 2,276.71 dd 05/20/05 OSWALD, ERICK 2,002.06 dd 05/20/05 RUNNING, ROBERT 1,618.95 dd 05/20/05 TEVLIN, TODD 1,677.95 dd 05/20/05 CAVETT, CHRISTOPHER 3,270.46 dd 05/20/05 DUCHARME, JOHN 2,323.66 dd 05/20/05 ENGSTROM, ANDREW 1,554.95 dd 05/20/05 JACOBSON, SCOTT 1,738.84 dd 05/20/05 KNUTSON, LOIS 985.88 dd 05/20/05 LABEREE, ERIN 2,274.95 dd 05/20/05 LINDBLOM, RANDAL 2,366.32 dd 05/20/05 MURRA, AARON 202.40 dd 05/20/05 PECK, DENNIS 2,330.59 dd 05/20/05 PRIEBE, WILLIAM 2,354.41 dd 05/20/05 VERMEERSCH, CHARLES 2,210.15 dd 05/20/05 ANDERSON, BRUCE 4,024.42 dd 05/20/05 CAREY, HEIDI 1,991.75 dd 05/20/05 HALL, KATHLEEN 1,749.97 dd 05/20/05 LUND, ERIC 384.00 dd 05/20/05 MARUSKA, MARK 2,649.16 dd 05/20/05 NAUGHTON, JOHN 1,713.75 dd 05/20/05 SCHINDELDECKER, JAMES 1,824.46 dd 05/20/05 BIESANZ, OAKLEY 1,595.00 dd 05/20/05 HAYMAN, JANET 1,435.39 dd 05/20/05 HUTCHINSON, ANN 2,240.46 dd 05/20/05 NELSON, JEAN 1,029.89 dd 05/20/05 SEEGER, GERALD 535.32 dd 05/20/05 GAYNOR, VIRGINIA 1,957.36 dd 05/20/05 EKSTRAND, THOMAS 3,014.19 dd 05/20/05 KROLL, LISA 1,173.56 dd 05/20/05 LIVINGSTON, JOYCE 969.88 dd 05/20/05 SINDT, ANDREA 1,586.15 dd 05/20/05 THOMPSON, DEBRA 645.66 dd 05/20/05 YOUNG, TAMELA 1,482.95 dd 05/20/05 FINWALL, SHANN 2,232.55 dd 05/20/05 ROBERTS, KENNETH 2,391.67 dd 05/20/05 CARVER, NICHOLAS 2,739.36 dd 05/20/05 FISHER, DAVID 3,244.09 dd 05/20/05 RICE, MICHAEL 1,846.95 dd 05/20/05 SWAN, DAVID 1,936.55 dd 05/20/05 SWETT, PAUL 975.00 dd 05/20/05 KONEWKO, DUWAYNE 2,600.56 dd 05/20/05 ANZALDI, KALI 153.56 dd 05/20/05 FINN, GREGORY 2,192.66 dd 05/20/05 GOODRICH, CHAD 494.00 dd 05/20/05 GRAF, MICHAEL 1,830.59 dd 05/20/05 KELLY, LISA 1,308.62 dd 05/20/05 KYRK, ASHLEY 80.00 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/20/05 OHLHAUSER, MEGHAN 240.63 dd 05/20/05 ROBBINS, AUDRA 2,097.08 dd 05/20/05 SHERRILL, CAITLIN 200.25 dd 05/20/05 TAUBMAN, DOUGLAS 2,797.48 dd 05/20/05 WERNER, KATIE 325.13 dd 05/20/05 BREHEIM, ROGER 1,826.77 dd 05/20/05 GERMAIN, DAVID 1,831.39 dd 05/20/05 NORDQUIST, RICHARD 1,822.15 dd 05/20/05 SCHULTZ, SCOTT 1,999.75 dd 05/20/05 ANZALDI, MANDY 907.13 dd 05/20/05 COLLINS, ASHLEY 92.00 dd 05/20/05 CRAWFORD - JR, RAYMOND 216.00 dd 05/20/05 CROSSON, LINDA 2,586.55 dd 05/20/05 EVANS, CHRISTINE 664.94 dd 05/20/05 MILES, LAURA 192.50 dd 05/20/05 PELOQUIN, PENNYE 488.92 dd 05/20/05 SCHMIDT, RUSSELL 2,007.26 dd 05/20/05 SCHULZE, BRIAN 629.13 dd 05/20/05 STAPLES, PAULINE 2,898.01 dd 05/20/05 BENDTSEN, LISA 89.55 dd 05/20/05 BRENEMAN, NEIL 418.01 dd 05/20/05 ERICKSON- CLARK, CAROL 67.80 dd 05/20/05 ESTRADA, KIEL 208.00 dd 05/20/05 EVANS, KRISTIN 84.00 dd 05/20/05 FIERRO WESTBERG, MELINDA 83.30 dd 05/20/05 FONTAINE, KIM 766.98 dd 05/20/05 GREDVIG, ANDERS 292.39 dd 05/20/05 HALEY, BROOKE 124.20 dd 05/20/05 HORWATH, RONALD 1,978.42 dd 05/20/05 IRISH, GRACE 142.00 dd 05/20/05 IRISH, KARL 73.80 dd 05/20/05 JONES, LACEY 60.75 dd 05/20/05 KOEHNEN, AMY 72.45 dd 05/20/05 KOEHNEN, MARY 1,407.76 dd 05/20/05 KRONHOLM, KATHRYN 406.64 dd 05/20/05 MARUSKA, ERICA 164.05 dd 05/20/05 MATHEWS, LEAH 154.75 dd 05/20/05 NELSON, SIERRA 135.00 dd 05/20/05 OVERBY, ANNA 77.20 dd 05/20/05 POTTRATZ, DIANE 39.30 dd 05/20/05 PROESCH, ANDY 264.67 dd 05/20/05 SCHULTZ, MATTHEW 19.50 dd 05/20/05 SCHULTZ, PETER 21.45 dd 05/20/05 SHAW, KRISTINA 78.90 dd 05/20/05 SMITH, ANN 225.00 dd 05/20/05 TUPY, HEIDE 181.80 dd 05/20/05 TUPY, MARCUS 259.03 dd 05/20/05 WERNER, REBECCA 117.00 dd 05/20/05 GROPPOLI, LINDA 273.60 dd 05/20/05 KURKOSKI, STEPHANIE 25.73 dd 05/20/05 BEHAN, JAMES 1,732.77 dd 05/20/05 LONETTI, JAMES 1,072.70 dd 05/20/05 PATTERSON, ALBERT 1,059.96 dd 05/20/05 PRINS, KELLY 1,042.62 dd 05/20/05 REILLY, MICHAEL 1,580.55 dd 05/20/05 AICHELE, CRAIG 1,885.03 i[3 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/20/05 PRIEM, STEVEN 2,049.35 dd 05/20/05 WOEHRLE, MATTHEW 1,093.91 dd 05/20/05 BERGO, CHAD 2,255.31 dd 05/20/05 FOWLDS, MYCHAL 1,976.78 dd 05/20/05 FRANZEN, NICHOLAS 1,512.86 dd 05/20/05 HURLEY, STEPHEN 3,245.74 wf 101294 05/20/05 FRAZIER, JOSEPH 50.00 wf 101295 05/20/05 INGVOLDSTAD, CURTIS 84.38 wf 101296 05/20/05 CARLSON, STEVEN 1,838.34 wf 101297 05/20/05 JAHN, DAVID 1,648.94 wf 101298 05/20/05 MORIN, TROY 172.13 wf 101299 05/20/05 MATHEYS, ALANA 1,980.07 wf 101300 05/20/05 GENNOW, PAMELA 544.38 wf 101301 05/20/05 HANSEN, LORI 1,679.75 wf 101302 05/20/05 PALANK, MARY 1,616.46 wf 101303 05/20/05 SVENDSEN, JOANNE 1,883.97 wf 101304 05/20/05 SHORTREED, MICHAEL 3,870.68 wf 101305 05/20/05 STEINER, JOSEPH 1,012.19 wf 101306 05/20/05 WELCHLIN, CABOT 2,889.15 wf 101307 05/20/05 FREBERG, RONALD 1,867.48 wf 101308 05/20/05 JAROSCH, JONATHAN 312.38 wf 101309 05/20/05 EDSON, DAVID 1,859.48 wf 101310 05/20/05 HELEY, ROLAND 1,859.48 wf 101311 05/20/05 HINNENKAMP, GARY 1,831.87 wf 101312 05/20/05 LINDORFF, DENNIS 1,826.77 wf 101313 05/20/05 NOVAK, MICHAEL 1,753.35 wf 101314 05/20/05 GERNES, CAROLE 220.75 wf 101315 05/20/05 SOUTTER, CHRISTINE 150.00 wf 101316 05/20/05 BUSMAN, CHRISTINA 567.00 wf 101317 05/20/05 FREYBERGER, RACHEL 324.00 wf 101318 05/20/05 GRAF, ASHLEY 36.00 wf 101319 05/20/05 SHOBERG, KARI 138.19 wf 101320 05/20/05 HAAG, MARK 1,755.51 wf 101321 05/20/05 NADEAU, EDWARD 2,930.14 wf 101322 05/20/05 GLASS, JEAN 1,797.14 wf 101323 05/20/05 HER, CHONG 219.28 wf 101324 05/20/05 NAGEL, BROOKE 435.05 wf 101325 05/20/05 TOLBERT, FRANCINE 172.50 wf 101326 05/20/05 UNGER, MARGARET 518.83 wf 101327 05/20/05 VELASQUEZ, ANGELA 406.25 wf 101328 05/20/05 ZIELINSKI, JUDY 71.00 wf 101329 05/20/05 ANDERSON, CALEB 65.45 wf 101330 05/20/05 ANDERSON, JOSHUA 100.75 wf 101331 05/20/05 ANDERSON, JUSTIN 100.75 wf 101332 05/20/05 BOTHWELL, KRISTIN 116.03 wf 101333 05/20/05 BRENEMAN, SEAN 178.13 wf 101334 05/20/05 CLARK, PAMELA 34.00 wf 101335 05/20/05 COSTA, JOSEPH 446.78 wf 101336 05/20/05 DEMPSEY, BETH 139.80 wf 101337 05/20/05 DUNN, RYAN 683.20 wf 101338 05/20/05 FENGER, JUSTIN 37.35 wf 101339 05/20/05 FLICKINGER, JUANITA 39.00 wf 101340 05/20/05 GRANT, MELISSA 197.05 wf 101341 05/20/05 GRUENHAGEN, LINDA 240.50 wf 101342 05/20/05 HJELMGREN, NICOLE 95.50 wf 101343 05/20/05 HOULE, DENISE 44.60 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101344 05/20/05 KERSCHNER, JOLENE 540.00 wf 101345 05/20/05 LAUMER, MELISSA 27.00 wf 101346 05/20/05 LEMAY, KATHERINE 144.63 wf 101347 05/20/05 LUTZ, CHRISTINA 100.75 wf 101348 05/20/05 MCCANN, NATALIE 24.75 wf 101349 05/20/05 MELLEN, CHRISTOPHER 33.75 wf 101350 05/20/05 OLSON, MARGRET 135.80 wf 101351 05/20/05 PETERSON, ANNA 39.00 wf 101352 05/20/05 RICHTER, NANCY 48.00 wf 101353 05/20/05 ROSTRON, ROBERT 39.00 wf 101354 05/20/05 RYDEEN, ARIEL 212.23 wf 101355 05/20/05 SCHMIDT, EMILY 58.50 wf 101356 05/20/05 SCHOENECKER, SAMANTHA 52.00 wf 101357 05/20/05 SCHRAMM, BRITTANY 19.50 wf 101358 05/20/05 SCHREINER, MICHELLE 65.50 wf 101359 05/20/05 SMITLEY, SHARON 407.15 wf 101360 05/20/05 STAHNKE, AMY 110.25 wf 101361 05/20/05 TRUE, ANDREW 341.25 wf 101362 05/20/05 WARNER, CAROLYN 335.30 wf 101363 05/20/05 WEDES, CARYL 140.10 wf 101364 05/20/05 WELTER, ELIZABETH 121.00 wf 101365 05/20/05 WHITE, NICOLE 638.27 wf 101366 05/20/05 WOODMAN, ALICE 264.63 wf 101367 05/20/05 BOSLEY, CAROL 307.80 wf 101368 05/20/05 BREITBACH, GARY 525.00 wf 101369 05/20/05 DOBBS, SYDNEY 46.50 wf 101370 05/20/05 HAGSTROM, EMILY 94.25 wf 101371 05/20/05 LEWIS, AMY 136.50 wf 101372 05/20/05 ODDEN, JESSICA 18.84 wf 101373 05/20/05 OIL, REBECCA 147.28 wf 101374 05/20/05 PARAYNO, GUAI 151.70 wf 101375 05/20/05 SATTLER, MELINDA 47.85 wf 101376 05/20/05 STODGHILL, AMANDA 34.50 wf 101377 05/20/05 VAN HALE, PAULA 169.65 wf 101378 05/20/05 WALKER, DAPHINE 74.00 wf 101379 05/20/05 ANDERSON, MATT 114.30 wf 101380 05/20/05 BALDWIN, JANA 63.18 wf 101381 05/20/05 DOUGLASS, TOM 1,044.92 wf 101382 05/20/05 HER, PHENG 197.45 wf 101383 05/20/05 HOUSE, JEFFREY 123.83 wf 101384 05/20/05 O'GRADY, VICTORIA 146.30 wf 101385 05/20/05 OLSON, CHRISTINE 86.45 wf 101386 05/20/05 SIMPSON, JOSEPH 111.00 wf 101387 05/20/05 SIMPSON, KIMBERLYN 116.38 wf 101388 05/20/05 THEESFELD, CALEB 129.68 wf 101389 05/20/05 VAIL, LUCILLE 25.40 wf 101390 05/20/05 VANG, KAY 99.75 wf 101391 05/20/05 VANG, TIM 46.55 wf 101392 05/20/05 WALSH, AMANDA 57.15 wf 101393 05/20/05 ZIMMERMAN, STEPHEN 86.45 439,996.21 20 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 CARDINAL, ROBERT 422.42 dd 06/03/05 JUENEMANN, KATHLEEN 371.77 dd 06/03/05 KOPPEN, MARVIN 371.77 dd 06/03/05 MONAHAN- JUNEK, 371.77 dd 06/03/05 ROSSBACH, WILLIAM 371.77 dd 06/03/05 COLEMAN, MELINDA 4,233.20 dd 06/03/05 DARST, ROBERTA 1,673.54 dd 06/03/05 FURSMAN, RICHARD 4,638.25 dd 06/03/05 SWANSON, LYLE 1,767.33 dd 06/03/05 LE, SHERYL 4,083.50 dd 06/03/05 RAMEAUX, THERESE 2,353.34 dd 06/03/05 FAUST, DANIEL 4,253.25 dd 06/03/05 SCHMIDT, DEBORAH 1,442.96 dd 06/03/05 ANDERSON, CAROLE 1,194.32 dd 06/03/05 BAUMAN, GAYLE 3,403.12 dd 06/03/05 JACKSON, MARY 1,802.95 dd 06/03/05 KELSEY, CONNIE 1,188.30 dd 06/03/05 TETZLAFF, JUDY 1,802.95 dd 06/03/05 FRY, PATRICIA 1,673.35 dd 06/03/05 GUILFOILE, KAREN 2,868.34 dd 06/03/05 OSTER, ANDREA 1,747.66 dd 06/03/05 CARLE, JEANETTE 1,653.21 dd 06/03/05 FIGG, SHERRIE 1,020.97 dd 06/03/05 JAGOE, CAROL 1,616.46 dd 06/03/05 JOHNSON, BONNIE 1,005.24 dd 06/03/05 MOY, PAMELA 741.00 dd 06/03/05 OLSON, SANDRA 1,141.38 dd 06/03/05 WEAVER, KRISTINE 1,736.56 dd 06/03/05 BANICK, JOHN 3,834.90 dd 06/03/05 CORCORAN, THERESA 1,614.15 dd 06/03/05 POWELL, PHILIP 2,246.22 dd 06/03/05 RICHIE, CAROLE 1,648.17 dd 06/03/05 SPANGLER, EDNA 308.00 dd 06/03/05 THOMALLA, DAVID 4,247.72 dd 06/03/05 ABEL, CLINT 2,201.18 dd 06/03/05 ALDRIDGE, MARK 2,341.39 dd 06/03/05 ANDREWS, SCOTT 3,470.27 dd 06/03/05 BAKKE, LONN 2,647.04 dd 06/03/05 BELDE, STANLEY 2,818.36 dd 06/03/05 BIERDEMAN, BRIAN 2,591.20 dd 06/03/05 BOHL, JOHN 2,754.42 dd 06/03/05 BUSACK, DANIEL 2,265.84 dd 06/03/05 COFFEY, KEVIN 2,300.86 dd 06/03/05 CROTTY, KERRY 2,609.28 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 DOBLAR, RICHARD 3,023.40 dd 06/03/05 DUNN, ALICE 2,698.64 dd 06/03/05 GABRIEL, ANTHONY 2,096.25 dd 06/03/05 HEINZ, STEPHEN 2,553.48 dd 06/03/05 HILBERT, STEVEN 2,687.47 dd 06/03/05 JOHNSON, KEVIN 3,484.07 dd 06/03/05 KARTS, FLINT 2,749.92 dd 06/03/05 KONG, TOMMY 2,361.32 dd 06/03/05 KROLL, BRETT 2,623.53 dd 06/03/05 KVAM, DAVID 3,387.46 dd 06/03/05 LARSON, DANIEL 398.69 dd 06/03/05 LU, JOHNNIE 2,776.32 dd 06/03/05 MARINO, JASON 2,736.85 dd 06/03/05 MARTIN, JERROLD 2,419.22 dd 06/03/05 MCCARTY, GLEN 2,394.51 dd 06/03/05 METRY, ALESIA 2,401.27 dd 06/03/05 NYE, MICHAEL 1,872.70 dd 06/03/05 OLSON, JULIE 2,520.45 dd 06/03/05 RABBETT, KEVIN 3,450.09 dd 06/03/05 RHUDE, MATTHEW 1,584.25 dd 06/03/05 STEFFEN, SCOTT 3,634.40 dd 06/03/05 STEINER, JOSEPH 720.46 dd 06/03/05 SYPNIEWSKI, WILLIAM 1,584.25 dd 06/03/05 SZCZEPANSKI, THOMAS 2,531.02 dd 06/03/05 WENZEL, JAY 2,319.97 dd 06/03/05 XIONG, KAO 2,201.18 dd 06/03/05 BARTZ, PAUL 2,531.14 dd 06/03/05 BERGERON, JOSEPH 3,177.16 dd 06/03/05 DUGAS, MICHAEL 2,507.84 dd 06/03/05 ERICKSON, VIRGINIA 2,832.44 dd 06/03/05 FLOR, TIMOTHY 3,047.82 dd 06/03/05 FRASER, JOHN 2,801.40 dd 06/03/05 L'ALLIER, DANIEL 1,005.00 dd 06/03/05 LANGNER, SCOTT 1,913.85 dd 06/03/05 PALMA, STEVEN 2,874.26 dd 06/03/05 THEISEN, PAUL 2,133.58 dd 06/03/05 THIENES, PAUL 2,574.46 dd 06/03/05 DAWSON, RICHARD 2,263.57 dd 06/03/05 DUELLMAN, KIRK 1,798.70 dd 06/03/05 EVERSON, PAUL 2,013.85 dd 06/03/05 HALWEG, JODI 1,794.43 dd 06/03/05 JOHNSON, DOUGLAS 1,792.15 dd 06/03/05 NOVAK, JEROME 2,008.22 dd 06/03/05 PARSONS, KURT 1,916.83 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 PETERSON,ROBERT 2,163.21 dd 06/03/05 SVENDSEN, RONALD 2,147.45 dd 06/03/05 GERVAIS -JR, CLARENCE 2,757.93 dd 06/03/05 BAUER, MICHELLE 1,514.16 dd 06/03/05 FLAUGHER, JAYME 1,810.15 dd 06/03/05 HERMANSON, CHAD 1,803.22 dd 06/03/05 HUBIN, KENNARD 1,583.63 dd 06/03/05 LAFFERTY, WALTER 1,810.15 dd 06/03/05 LINN, BRYAN 1,876.25 dd 06/03/05 PACOLT, MARSHA 2,339.34 dd 06/03/05 RABINE, JANET 1,810.15 dd 06/03/05 STAHNKE, JULIE 2,140.95 dd 06/03/05 LUKIN, STEVEN 3,731.90 dd 06/03/05 RYAN, MICHAEL 330.00 dd 06/03/05 SVENDSEN, AUSTIN 2,991.94 dd 06/03/05 ZWIEG, SUSAN 1,745.35 dd 06/03/05 DOLLERSCHELL, ROBERT 282.07 dd 06/03/05 AHL, R. CHARLES 4,329.30 dd 06/03/05 BREHEIM, ROGER 1,826.77 dd 06/03/05 GROHS, JUDITH 1,752.28 dd 06/03/05 NIVEN, AMY 1,187.82 dd 06/03/05 PRIEFER, WILLIAM 2,604.67 dd 06/03/05 BRINK, TROY 1,655.75 dd 06/03/05 DEBILZAN, THOMAS 1,822.15 dd 06/03/05 EDGE, DOUGLAS 1,834.15 dd 06/03/05 JONES, DONALD 1,842.15 dd 06/03/05 KANE, MICHAEL 2,941.68 dd 06/03/05 MEYER, GERALD 1,896.19 dd 06/03/05 NAGEL, BRYAN 2,276.71 dd 06/03/05 OSWALD, ERICK 2,002.06 dd 06/03/05 RUNNING, ROBERT 1,588.95 dd 06/03/05 TEVLIN, TODD 1,865.55 dd 06/03/05 CAVETT, CHRISTOPHER 3,270.46 dd 06/03/05 DUCHARME, JOHN 2,323.66 dd 06/03/05 ENGSTROM, ANDREW 1,710.55 dd 06/03/05 JACOBSON, SCOTT 2,106.61 dd 06/03/05 KNUTSON, LOIS 998.64 dd 06/03/05 LABEREE, ERIN 2,274.95 dd 06/03/05 LINDBLOM, RANDAL 2,472.97 dd 06/03/05 MURRA, AARON 135.99 dd 06/03/05 PECK, DENNIS 2,330.59 dd 06/03/05 PRIEBE, WILLIAM 2,325.97 dd 06/03/05 VERMEERSCH, CHARLES 2,210.15 dd 06/03/05 ANDERSON,BRUCE 4,199.42 23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 CAREY, HEIDI 1,991.75 dd 06/03/05 HALL, KATHLEEN 1,749.97 dd 06/03/05 GERVAIS, DAVID 1,212.00 dd 06/03/05 LUND, ERIC 192.00 dd 06/03/05 MARUSKA, MARK 2,649.16 dd 06/03/05 NAUGHTON, JOHN 1,703.75 dd 06/03/05 SCHINDELDECKER, JAMES 1,824.46 dd 06/03/05 BIESANZ, OAKLEY 1,421.88 dd 06/03/05 HAYMAN, JANET 1,381.64 dd 06/03/05 HUTCHINSON, ANN 2,240.46 dd 06/03/05 NELSON, JEAN 1,127.89 dd 06/03/05 SEEGER, GERALD 535.32 dd 06/03/05 GAYNOR, VIRGINIA 2,100.72 dd 06/03/05 EKSTRAND, THOMAS 3,014.19 dd 06/03/05 KROLL, LISA 1,173.56 dd 06/03/05 LIVINGSTON, JOYCE 969.88 dd 06/03/05 SINDT, ANDREA 1,586.15 dd 06/03/05 THOMPSON, DEBRA 645.66 dd 06/03/05 YOUNG, TAMELA 1,466.95 dd 06/03/05 FINWALL, SHANN 2,232.56 dd 06/03/05 ROBERTS, KENNETH 2,611.37 dd 06/03/05 CARVER, NICHOLAS 2,743.92 dd 06/03/05 FISHER, DAVID 3,244.09 dd 06/03/05 RICE, MICHAEL 1,846.95 dd 06/03/05 SWAN, DAVID 1,936.55 dd 06/03/05 SWETT, PAUL 1,040.00 dd 06/03/05 KONEWKO, DUWAYNE 2,600.55 dd 06/03/05 ANZALDI, KALI 414.19 dd 06/03/05 BJORK, ALICIA 94.00 dd 06/03/05 FINN, GREGORY 2,192.66 dd 06/03/05 GOODRICH, CHAD 475.00 dd 06/03/05 GRAF, MICHAEL 1,842.34 dd 06/03/05 KELLY, LISA 1,308.62 dd 06/03/05 KYRK, ASHLEY 99.00 dd 06/03/05 OHLHAUSER, MEGHAN 353.13 dd 06/03/05 ROBBINS, AUDRA 2,097.08 dd 06/03/05 SHERRILL, CAITLIN 94.50 dd 06/03/05 TAUBMAN, DOUGLAS 2,797.48 dd 06/03/05 WERNER, KATIE 331.51 dd 06/03/05 ZIELINSKI, JOSEPH 30.00 dd 06/03/05 GERMAIN, DAVID 1,831.39 dd 06/03/05 NORDQUIST, RICHARD 2,154.28 dd 06/03/05 SCHULTZ, SCOTT 2,044.16 dd 06/03/05 ANZALDI, MANDY 818.63 24 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 COLLINS, ASHLEY 56.00 dd 06/03/05 CRAWFORD - JR, RAYMOND 100.00 dd 06/03/05 CROSSON, LINDA 2,586.54 dd 06/03/05 EVANS, CHRISTINE 731.00 dd 06/03/05 FONTAINE, ANTHONY 60.00 dd 06/03/05 MILES, LAURA 192.50 dd 06/03/05 PELOQUIN, PENNYE 422.79 dd 06/03/05 SCHMIDT, RUSSELL 2,007.26 dd 06/03/05 SCHULZE, BRIAN 655.17 dd 06/03/05 STAPLES, PAULINE 2,898.01 dd 06/03/05 ZIELINSKI, JUDY 56.80 dd 06/03/05 ABRAHAMSON, DANIEL 108.50 dd 06/03/05 BENDTSEN, LISA 89.55 dd 06/03/05 BRENEMAN, NEIL 427.50 dd 06/03/05 EDSON, JAMIE 169.04 dd 06/03/05 ERICKSON- CLARK, CAROL 45.20 dd 06/03/05 ESTRADA, KIEL 220.00 dd 06/03/05 EVANS, KRISTIN 21.00 dd 06/03/05 FIERRO WESTBERG, MELINDA 499.80 dd 06/03/05 FONTAINE, KIM 762.37 dd 06/03/05 GREDVIG, ANDERS 323.08 dd 06/03/05 HALEY, BROOKE 143.75 dd 06/03/05 HORWATH, RONALD 1,978.42 dd 06/03/05 IRISH, GRACE 156.25 dd 06/03/05 JONES, LACEY 60.75 dd 06/03/05 KOEHNEN, AMY 96.60 dd 06/03/05 KOEHNEN,MARY 1,189.29 dd 06/03/05 KRONHOLM, KATHRYN 452.99 dd 06/03/05 MARUSKA, ERICA 184.35 dd 06/03/05 MATHEWS, LEAH 151.75 dd 06/03/05 NELSON, SIERRA 152.75 dd 06/03/05 OVERBY, ANNA 77.20 dd 06/03/05 POTTRATZ, DIANE 29.68 dd 06/03/05 PROESCH, ANDY 338.27 dd 06/03/05 SCHULTZ, MATTHEW 39.00 dd 06/03/05 SCHULTZ, PETER 21.45 dd 06/03/05 SHAW, KRISTINA 25.63 dd 06/03/05 SMITH, ANN 304.69 dd 06/03/05 TUPY, HEIDE 141.40 dd 06/03/05 TUPY, MARCUS 330.75 dd 06/03/05 WERNER, REBECCA 105.75 dd 06/03/05 GROPPOLI, LINDA 302.40 dd 06/03/05 KURKOSKI, STEPHANIE 33.08 dd 06/03/05 BEHAN, JAMES 1,702.83 25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 26 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/03/05 HOUSE, JEFFREY 50.80 dd 06/03/05 LONETTI, JAMES 1,024.04 dd 06/03/05 PATTERSON, ALBERT 1,075.00 dd 06/03/05 PRINS, KELLY 1,133.18 dd 06/03/05 REILLY, MICHAEL 1,580.55 dd 06/03/05 AICHELE, CRAIG 1,876.39 dd 06/03/05 PRIEM, STEVEN 2,049.35 dd 06/03/05 WOEHRLE, MATTHEW 1,542.95 dd 06/03/05 BERGO, CHAD 2,255.30 dd 06/03/05 FOWLDS, MYCHAL 1,976.78 dd 06/03/05 FRANZEN, NICHOLAS 1,512.86 dd 06/03/05 HURLEY, STEPHEN 3,370.74 wf 101407 06/03/05 INGVOLDSTAD, CURTIS 100.00 wf 101408 06/03/05 WORKMAN, ROBERT 50.00 wf 101409 06/03/05 CARLSON, STEVEN 3,218.22 wf 101410 06/03/05 JAHN, DAVID 1,658.49 wf 101411 06/03/05 MORIN, TROY 161.50 wf 101412 06/03/05 MATHEYS, ALANA 1,980.08 wf 101413 06/03/05 GENNOW, PAMELA 1,036.75 wf 101414 06/03/05 HANSEN, LORI 1,712.56 wf 101415 06/03/05 PALANK, MARY 1,616.46 wf 101416 06/03/05 SVENDSEN, JOANNE 1,835.28 wf 101417 06/03/05 KALKA, THOMAS 653.05 wf 101418 06/03/05 SHORTREED, MICHAEL 4,089.97 wf 101419 06/03/05 WELCHLIN, CABOT 2,395.14 wf 101420 06/03/05 CARLSON, BRIAN 650.60 wf 101421 06/03/05 GERARD, JAMIE 64.00 wf 101422 06/03/05 PRECHTEL, ROBERT 2,163.20 wf 101423 06/03/05 ELIAS, BRANDON 800.00 wf 101424 06/03/05 FREBERG, RONALD 1,861.48 wf 101425 06/03/05 BEYER, MEGAN 843.06 wf 101426 06/03/05 ISAKSON, CHAD 967.33 wf 101427 06/03/05 JAROSCH, JONATHAN 1,144.10 wf 101428 06/03/05 EDSON, DAVID 1,862.72 wf 101429 06/03/05 GORE, MICHAEL 400.00 wf 101430 06/03/05 HELEY, ROLAND 1,859.48 wf 101431 06/03/05 HINNENKAMP, GARY 1,832.95 wf 101432 06/03/05 LINDORFF, DENNIS 1,826.77 wf 101433 06/03/05 LUND, MARK 400.00 wf 101434 06/03/05 NOVAK, MICHAEL 1,753.35 wf 101435 06/03/05 BERGREN, KIRSTEN 36.56 wf 101436 06/03/05 GERNES, CAROLE 616.69 wf 101437 06/03/05 SOUTTER, CHRISTINE 295.63 wf 101438 06/03/05 GITZLAFF, ANDREW 610.00 26 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 27 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101439 06/03/05 BROZAK, KATHERINE 36.00 wf 101440 06/03/05 BUSMAN, CHRISTINA 450.00 wf 101441 06/03/05 FREYBERGER, RACHEL 244.00 wf 101442 06/03/05 GRAF, ASHLEY 36.00 wf 101443 06/03/05 SHOBERG, KARI 152.63 wf 101444 06/03/05 HAAG, MARK 1,753.35 wf 101445 06/03/05 NADEAU, EDWARD 2,930.14 wf 101446 06/03/05 GLASS, JEAN 1,797.14 wf 101447 06/03/05 HER, CHONG 137.63 wf 101448 06/03/05 NAGEL, BROOKE 336.88 wf 101449 06/03/05 TOLBERT, FRANCINE 507.00 wf 101450 06/03/05 UNGER, MARGARET 490.14 wf 101451 06/03/05 VELASQUEZ, ANGELA 465.75 wf 101452 06/03/05 ANDERSON, CALEB 84.20 wf 101453 06/03/05 ANDERSON, JOSHUA 151.13 wf 101454 06/03/05 ANDERSON, JUSTIN 138.13 wf 101455 06/03/05 BOTHWELL, KRISTIN 45.90 wf 101456 06/03/05 BRENEMAN, SEAN 93.63 wf 101457 06/03/05 COSTA, JOSEPH 265.60 wf 101458 06/03/05 DEMPSEY, BETH 139.80 wf 101459 06/03/05 DUNN, RYAN 713.06 wf 101460 06/03/05 FLICKINGER, JUANITA 39.00 wf 101461 06/03/05 GRANT, MELISSA 153.65 wf 101462 06/03/05 GRUENHAGEN, LINDA 638.43 wf 101463 06/03/05 HJELMGREN, NICOLE 40.50 wf 101464 06/03/05 HOULE, DENISE 44.60 wf 101465 06/03/05 KERSCHNER, JOLENE 765.95 wf 101466 06/03/05 LAUMER, MELISSA 27.00 wf 101467 06/03/05 LEMAY, KATHERINE 177.13 wf 101468 06/03/05 LUTZ, CHRISTINA 123.50 wf 101469 06/03/05 MCCANN, NATALIE 30.50 wf 101470 06/03/05 MCMAHON, MELISSA 105.53 wf 101471 06/03/05 MELLEN, CHRISTOPHER 67.50 wf 101472 06/03/05 OLSON, ABIGAIL 46.33 wf 101473 06/03/05 OLSON, MARGRET 169.75 wf 101474 06/03/05 PETERSON, ANNA 32.50 wf 101475 06/03/05 RICHTER, NANCY 17.00 wf 101476 06/03/05 ROGNESS, TRYGGVE 17.13 wf 101477 06/03/05 ROSTRON, ROBERT 22.75 wf 101478 06/03/05 RYDEEN, ARIEL 211.45 wf 101479 06/03/05 SCHMIDT, EMILY 50.38 wf 101480 06/03/05 SCHOENECKER, SAMANTHA 58.50 wf 101481 06/03/05 SCHOMMER, SUMMERS 241.00 wf 101482 06/03/05 SCHRAMM, BRITTANY 22.75 27 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 452,420.85 z. CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 101483 06/03/05 SCHREINER, MICHELLE 116.33 wf 101484 06/03/05 SMITLEY, SHARON 215.55 wf 101485 06/03/05 STAHNKE, AMY 106.25 wf 101486 06/03/05 TRUE, ANDREW 312.80 wf 101487 06/03/05 WARNER, CAROLYN 383.20 wf 101488 06/03/05 WEDES, CARYL 140.10 wf 101489 06/03/05 WELTER, ELIZABETH 44.00 wf 101490 06/03/05 WHITE, NICOLE 578.48 wf 101491 06/03/05 WOODMAN, ALICE 206.30 wf 101492 06/03/05 BOSLEY, CAROL 259.20 wf 101493 06/03/05 BREITBACH, GARY 588.00 wf 101494 06/03/05 DOBBS, SYDNEY 60.00 wf 101495 06/03/05 HAGSTROM, EMILY 48.75 wf 101496 06/03/05 LEWIS, AMY 94.50 wf 101497 06/03/05 ODDEN, JESSICA 35.96 wf 101498 06/03/05 OIL, REBECCA 47.95 wf 101499 06/03/05 PARAYNO, GUAI 135.05 wf 101500 06/03/05 SATTLER, MELINDA 46.20 wf 101501 06/03/05 STODGHILL, AMANDA 42.00 wf 101502 06/03/05 VAN HALE, PAULA 171.60 wf 101503 06/03/05 WALKER, DAPHINE 66.60 wf 101504 06/03/05 ANDERSON, MATT 76.20 wf 101505 06/03/05 BALDWIN, JANA 205.39 wf 101506 06/03/05 DOUGLASS, TOM 1,104.00 wf 101507 06/03/05 HER, PHENG 191.45 wf 101508 06/03/05 O'GRADY, VICTORIA 33.25 wf 101509 06/03/05 O'GRADY, ZACHARY 31.28 wf 101510 06/03/05 OLSON, CHRISTINE 56.53 wf 101511 06/03/05 SIMPSON, JOSEPH 201.25 wf 101512 06/03/05 SIMPSON, KIMBERLYN 63.18 wf 101513 06/03/05 THEESFELD, CALEB 103.08 wf 101514 06/03/05 VAIL, LUCILLE 28.58 wf 101515 06/03/05 VANG, KAY 99.75 wf 101516 06/03/05 VANG, TIM 19.95 wf 101517 06/03/05 WALSH, AMANDA 66.68 wf 101518 06/03/05 ZIMMERMAN, STEPHEN 83.13 452,420.85 z. Agenda Item G2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: June 6, 2005 RE: Temporary Food License — Fee Waiver Introduction An application has been submitted for a temporary food permit by Todd Hawkins, on behalf of The Donut Family, Inc., 2966 Chisholm Parkway. The temporary food permit was used on June 4 th at the Maplewood Community Center (MCC) "Allstar Kickoff' for summer programs. The event was held from 10:30 a.m. to 2:30 p.m. This is an annual event for the MCC. The Donut Family has participated for several years and is requesting a fee waiver after the fact having missed the deadline for reports for the last council meeting. Recommendation It is recommended that the City Council approve the fee waiver. Agenda Item G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: June 6, 2005 RE: Miscellaneous Permits - Ramsey County Fair Joe Fox, Ramsey County Fair Manager, has applied for carnival and fireworks permits for the Ramsey County Fair that will be held from July 13 through the 17 Below are the hours of operation: July 13 and July 14 - 5:00 p.m. to 11:00 p.m. July 15 and July 16 - 12:00 noon to 12:00 midnight July 17 - 12:00 noon to 9:30 p.m. Music (live bands) will end by 10:30 p.m.. Fireworks will be held on Friday, July 15 based on the approval of Fire Marshal Gervais and the State Department of Conservation. City code states that a permit for an itinerant carnival can only be given after Council approval. Ramsey County Fair Board has requested that the City waive the fees for the aforementioned permits, as has been prior council practice. Agenda Item G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: June 6, 2005 RE: Miscellaneous Permit - Fireworks Introduction Mike Graf, on behalf of the Parks and Recreation Department, has submitted an application for a Fireworks Permit and a Noise Control Waiver for the July 4, 2005 City celebration. The event will last from 8:00 p.m. to 11:30 p.m. and will be held at Hazelwood Park. We have obtained the proper insurance paperwork from Bay Fireworks who will be conducting the fireworks and Fire Marshall Gervais will also do an inspection. A rain date has been set for July 5, 2005 from 8:00 p.m. to 11:30 p.m. There will also be food served and music before the fireworks begin. Recommendation It is recommended that Council approve the permits for fireworks and noise control for the City Parks and Recreation Department. Agenda Item G5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: June 6, 2005 RE: Lawful Gambling License Kristie Larson has applied for a lawful gambling license for the North Tartan Area Girls Basketball Booster Club. As is required by city code a background check was completed on Ms. Larson. Nothing was identified that would prohibit her from holding a license. Ms. Larson currently resides in the City of Cottage Grove. Prior to moving to Cottage Grove, she lived in the Breezy Point area. In the course of the investigation, state criminal history files were checked along with contacts and warrants in Ramsey, Hennepin and Washington Counties. Additionally, the Cottage Grove Police Department was contacted. The organization has been in existence since 1972, meetings are held at 2009 County Road D in Maplewood as required by city code. The purpose of the organization is to ensure the youth of Maplewood the opportunity to pursue growth in girl's basketball. The Booster Club will hold their gambling at Broadway Bar & Pizza located at 1900 County Road D East. For approval to be granted it is requested that the city council approve the following resolution: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the North Tartan Area Girls Basketball Booster Club, 2009 East County Road D, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item G6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Dennis L Peck, Senior Engineering Technician SUBJECT: Acquisition of Tax - Forfeited Property for Storm Water Ponding & Drainage DATE: June 6, 2005 INTRODUCTION The city has a storm water drainage & ponding area on an outlot parcel that has been reclassified by the MnDNR as non - conservation land. The parcel has been declared as tax - forfeited land and has been placed on a list of saleable lands to the general public. Background On October 31, 2001, the Maplewood director of public works addressed a letter to Ms. Kristine A Kujala, Ramsey County Department of Property Records, and Revenue, Tax Forfeit Lands Section, requesting that a certain parcel that had been placed on a tax - forfeit parcel list be removed and replaced on a list of parcels retained for public purposes. As that parcel is a part of the city's storm water ponding and drainage system, the city required its continued usage. Ramsey County did comply, and the parcel was again placed back on the list of approved conservation - classified properties. The city has now received a letter dated April 29, 2005, from Ramsey County Tax Forfeited Lands Section advising that the parcel in question has again been removed from the conservation property classification and has now again been placed in the non - conservation property status. Thus it is classified as a saleable property to the general public. The city must act upon this notification within 60 days of the notice of change of classification and availability. Budget Impact This action will have no impact on the tax levy. Any nominal administrative filing fees will be paid for from a public works operating budget. Q 6.18111 :9 [a].I The city has determined that the parcel's continued use as a drainage & ponding area is necessary as part of the storm water system infrastructure. The pond is identified as KE -25 and is part of the Keller Lake sub - watershed area storing approximately 5.59 acre feet of storm water. The pond is subject to both surface run -off and piped in -flow collection and has a single controlled out -flow structure into the system. RECOMMENDATION It is recommended that the city council approve the attached resolution requesting Ramsey County convey the parcel to Maplewood by a public use deed for permanent ponding and drainage purposes. Attachments: 1. Resolution 2. Letter and Map from Ramsey County Agenda Item G6 RESOLUTION 05 -6 -XXX DESIGNATING TAX - FORFEIT LANDS FOR ACQUISITION FOR PUBLIC PURPOSE WHEREAS, a certain parcel within the City of Maplewood has been designated by Ramsey County as forfeited due to non - payment of real estate taxes, and WHEREAS, Ramsey County has notified the City of Maplewood of this parcel and said parcel has been classified by Ramsey County as non - conservation, and WHEREAS, Minnesota Statute 282.01, Subd. 1, provides that the City may request a conveyance of said land for public purpose, and WHEREAS, the City Engineer has determined that said parcel is necessary and vital to the city's drainage and ponding system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA: That the City of Maplewood hereby requests Ramsey County to convey the perpetual use of said parcel to the City of Maplewood for the public use purpose of a permanent drainage and ponding area site. PIN Property Description Public Use Purpose 15- 29 -22 -22 -0054 Caves English Street Third Addition, Outlot A Drainage & Ponding U1i /03/x00 .5 14:41 1'AX 5:51 265 ZZIU R19Sh) C11 PROr RP.0 &RP.I' LOUtl2 4 -I Property Records and Revenue I 50 West Kekngv We. artl I�ax :��,i iuo -Ei,lu I R4MSEY COUMV J . st. Punl, M." > , t37! April 29, 2005 City of Maplewood Attention: Rl-1ha d Fursmar.. City Administrator 1830) East County Road B tvtaOewoog, Map 5,1101 Dear Richard r-ursman: Enclosed is a listing of a property located in your municipality, which forfeited to the State of Minnesota fnr non - payment or real estate taxes on August 1, 200i. Pursuant to statute the property was reviewed by Ramsey County to determine its classification as either conservation or non - conservation lands. The property was classified as conservation land and not available for acquisition, Recently, Ramsey County reclassified the parcel as non - conservation and requested a review from the ,Department of Natural Resources. The DNR identified no natural resource concerns gr issues, which allows us to proceed with the safe of the property. Minnesota Statutes, section 282.01, subd. 1, requires the county to notify each city in which such properties are located of both the forfeiture and classification. This letter and listing serves as that notice of forfeiture and a notice that the land has been classified by Ramsey County as non - conservation. The Statute further provides that each city has 60 days from the date of this notice to approve the classification and sale of the parcel, to request a conveyance of the land to your city for a public use or to request that the property be withheld from public sale for a period not to exceed six months. A municipality or governmental subdivision shall pay maintenance costs incurred by the county during the six -month period while the property is withheld from public sate provided the property is not offered for public sale after the six -month period. If you request that the parcel be conveyed to your municipality for an authorized public use the above statutory timeline must be strictly observed. within 60 days of this notice of classification and availability of a forfeited property, the government unit must submit an application for a public use deed using Form 962, Application by a Governmental Subdivision for Conveyance of Tax - Forfeited Land. Forms are available upon request from this office_, The appticatinn for a use deed is not complete and timely if it is not accompanied by a certified resolution of the governing body stating the public purpose for which the property w4 be -used. Ndnnesota's F rsi Home Rule County .,.,t.n.�. ut,0$ /"OO., 14:41 FAX ti61 2h Z'L1❑ 10�!S _1 CI1 PROP j?h( &1(151 Within 60 days of this notice the government body, s it wishes to withhold a properly from sale for a six- month 'period. must submit a written request. The request to withhold property from sale must be In writing and accompanied by a certified resolution of the governing body stating the request for the specific property. Anytime during the six -month period, the municipality may acquire the parcel by use deed free of charge as long as it continues to be used for the authorized public use. if no application is received within the six -month hold period, the property will become available for public sale. Anytime during the six -month hold period or thereafter, if it has not been sold at public sale, the municipality may acquire fee title to the property by payment of the appraised value. if you fail to respond to the County within the 60 days of the date of this letter. the classification and sale of the parcel will be deemed approved. If the information contained in this letter, plus attachment, is not your responsibility, please forward to the appropriate department within your municipality. Correspondence regarding this notice may be addressed to: Ramsey County Deparrtment of Property Records and Revenue AT TIN.: Tax Forfeited Lands Section Ramsey County Government Center West, Suite 812 50 W. Kellogg Boulevard St. Paul, MN 55102 -1657 Anyone with questions regarding this matter may call our office at (651) 266 -2080. Sincerely, T istine A. Kujala, Supervisor Tax Forfeited Lands 06;03;2005 14.42 1AX 651 266 2210 RAMS1'.Y CT1 PROP RF.C&RM NO. PIN # CLASSIFICATION LIST OF PROPERTIES FORFEITED TO THE STATE OF MINN "TRUST EX EMPT" 15- 29 -22- 22.0054 East of 2156 English St N and Adjacent to West line of the DNR State Trail (gateway) Maplewood, MN 55 173' x 239' x 157' x Caves 102'x 171' Street ,� n4 i r _J Addition, Outiot A J 1 W: \�orfeitore \20051Wetland �arcei5\Wetian4 Classi0cauon ❑st -2 o 0 2005 u 6: 0357200:, 14:42 I - AX 651 266 2210 R33hE. CI) 1 RFC &R 1 �I i 30 I 1 33' 33' (P - 133 33' LO n r COMMISSIONER DISTRICT 7 N EAST of 2156 FNGLIS.y ST N _ S adiacent to West line of the DNR STATE TRAIL 1 GATEWA Y ) viAPLEWOOD, MN 15- 29 -22 -22 -0054 15 1 6 17' 18 19 20 {� M1 0 1 M ��. ,30' �tzsl .,a Z 2 36.92 Z 1130} n1. 4 E �� 3> 130' 3 �, 5 n 1 4 (132) • iiiv N x 2156 11� 10�g��8 7 n3n rtn s r 9\ iV Q 67.9'. \ ,° �._ b4'7 154.1 30 00 t — C Y 30 i A , 3 4C 40' m 1 it 10 1m 638 8. 9 `9143 7 15 14 13 p w _ 12 N, 13141 2426' VAC4�EU 90 N _ —r'— o 6 34) 1 * 6 j 1 17 1 18 19 ' 20 1, 21 1 22 3,5 IND. SCHOOL DISY - Na 6' }r� M1O' 40' 40 140' 40' 140' j �a�J C7 :SECOND:AVE G `I 1luu7 \ \ 227.73 1az_n 2 3 0 57) A 150) Y � OB N 136 � g � T 4 o i68� m N_ 6 6A 6 t e`1 a2a, l66) w P ARK 'CO.00 l +t0.00 m 176.7 U7 o Iss� GLAD 11 1 12 + 13' 14 15 �3! 171 (43) N I 9B.9B 'o231 h B 80.3 ___1 z o \\ opl ! ! I ry 99.49 \b 1 i 7 i o ° X611 m n3n rtn s r 9\ iV Q 67.9'. \ ,° �._ b4'7 154.1 30 00 t — C Y 30 i A , 3 4C 40' m 1 it 10 1m 638 8. 9 `9143 7 15 14 13 p w _ 12 N, 13141 2426' VAC4�EU 90 N _ —r'— o 6 34) 1 * 6 j 1 17 1 18 19 ' 20 1, 21 1 22 3,5 IND. SCHOOL DISY - Na 6' }r� M1O' 40' 40 140' 40' 140' j �a�J C7 :SECOND:AVE G `I 1luu7 \ \ 227.73 1az_n 2 3 0 57) A 150) Y � OB N 136 � g � T 4 o i68� m N_ 6 6A 6 t e`1 a2a, l66) w P ARK 'CO.00 l +t0.00 m 176.7 - +/AC,AZED 3--72— , 11 1 12 + 13' 14 15 �3! 171 (43) N I GO QQ 1 40' 40' 40' PURKE AVM vACAieo a a: 4 9 ' u 4u I) 57' j� i A �: 7 l ¢ 4 4U 40' 40 40' 4C 1 4v" 40 ' 40 ' 18 1 17 116 �15 14! 13 I '12 I 111 1' b I I I f c- 9.+ui_ T 23 ; I 19 20 21 22 '-125 �26 12 (,Nor AA .THR s . s rK;t�lo)� I ._ _. '_ i D 40 4V 4 40' N 16 15 141 13 1 12 11 11 N I GO 80.3 ___1 z o \\ VA CATED 6d53a a3TT _. ry I TgTAL = 1,1.27 AG � v IT 'l8 I ` 19 j 20 i 21 1 � 22 1 23 2' 15- 29- 22 -22- 0054 -- -' QQ 1 40' 40' 40' PURKE AVM vACAieo a a: 4 9 ' u 4u I) 57' j� i A �: 7 l ¢ 4 4U 40' 40 40' 4C 1 4v" 40 ' 40 ' 18 1 17 116 �15 14! 13 I '12 I 111 1' b I I I f c- 9.+ui_ T 23 ; I 19 20 21 22 '-125 �26 12 Agenda #G -7 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation to Police Department from the Sheet Metal Workers Federal Credit Union Date: June 6. 2005 Introduction The Sheet Metal Workers Federal Credit Union, 1691 Cope Avenue, has made a donation to the Police Department. City Council approval is required before this donation can be accepted. Background The Police Department was presented with a $500 donation from the Sheet Metal Workers Federal Credit Union, which wanted to show its appreciation and support for the work done by the department. This donation, if approved, will be used to purchase a digital camera for our Patrol Sergeants' car and will be used for taking photographs of victims and crime scenes. Budget Impact The necessary budget adjustments would need to be made to expend the donated funds. Recommendation It is recommended that permission be given to accept this donation from the Sheet Metal Workers Federal Credit Union. Action Required Submit to the City Council for review and approval. DJT:js Agenda #G -8 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Appropriation of Funds from Police Services Fund Date: June 6, 2005 Introduction A request is being made for the appropriation of funds from the Police Services Fund, and City Council approval is needed before this can be accomplished. Background The Police Department would like to spend $5,200 for investigative computer upgrades using an appropriation of funds from the Police Services Fund (money acquired through police forfeiture proceedings). These upgrades will allow Investigators computer portability through the use of laptops and allow Retail Crime Officers to utilize upgraded technology and access our new records management system from the Mall. Recommendation It is recommended that the City Council approve the appropriation of $5,200 from the Police Services Fund. DJT:js Agenda #G -9 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Approval of Water Ski Slalom Course Permit Date: June 6. 2005 Introduction City Council approval is required for a water ski slalom course permit on Kohlman Lake. Background Residents living around Kohlman Lake have applied for and received a permit from Ramsey County for a water ski slalom course on Kohlman Lake. The County's permit form also requires a signature /approval from the city where the activity is taking place. This slalom course involves inflatable /deflatable modules that raise the course to the surface when in use and then submerges it to the lake bottom when not in use. The residents plan on using the slalom course on an annual basis. Based on our investigation, it appears that other cities in Ramsey County have their City Councils give authorization to their City Managers to sign these annual permits once they have initially approved them. Budget Impact None. Recommendation It is recommended that the City Council give their approval for this water ski slalom course and authorize the City Manager to sign future annual permits on behalf of the City of Maplewood. Action Required Submit to the City Council for review and approval. DJT:js RANMEN (,(It lN1 YS1 I LIZ f I F'S OFF WE - 'A'A'FER PATROL, S 0 1411 TondIh'kvr to V 54 M QY"TVW4R F W501 TE ITRAW A 0 F. Hhavity waormakv w neca any v, m7ure pacMu and Eccume imana idiom ponut piae'e f it sUu Conh cheleaz' Fie "Fa"-aran —'!RLnC'IAm - and naturn it to our of5w. with sunpom it docurnartwirm. Is 3oon v powNe I'Vase prira 01' type. r N 10�f- PIRAFW*wnw� 1 1 IS a — ovd e� M tAKFIf It -RE WA o3A I.A'rol ar ioaur Hcrat hAk R r r hea s' g�eeso''h`o A jolhaonko, W pay or U,rad'A e t w) wNt.y, w X M mip how IN 54Im Aw I-W C � .. a =SK.aw" - demands cans a.iGmgs._f +.itoasofthe ap�t:a s ?un Sr .M,Wt SKt JUN11M ONPY: eirfoaaa r obhurt "d par RM. e.WMb..0 (".0 1 AlThy a ...... Mfg in W...Mm USIAHAMWO. TA pol., 400 wamn%n do;"U'HUPn7pit, C'qjf"Ua' Urheo ...... U skyu N -91humv " W 6110 -a 01 11 MINALNRY SIT11 (T1,11ESAND 93LOYC IS TFIE WATERS OF MINNESCIf k. at ,aocral ns now"TON 6'"U" Ilahmsomw Vu,w "-'enw�n fso, IA Cowl ", 0.10", ;Nw".. W,T TI'SWqj"q .q nq . '"Yrow 4, 1k "C'i he PI-mr—w—P- — w �YWWI _AMI.UWQI v WWTJQOAT RUM Lildroarona, The,Aw=w,nw.w 4 , m.Pj.,w,d N1 SELINT ONE. A epa-alo aprdjcaPor nol,a be isd of by tab q PC "M me nquenw, I : alingll,in-t ab'or; gEtro"'- 'W atrip, Sl tamcour„ So ho bug, .tee A " t I Q'I j I IL *Nx n Ranwit, Qt,: Nive lf, ot i g7howl Le W 1 . : IKA I "N C21WIPORD STAX7FRE The and am) �'Inl tv�TFR (IF ANYrWK!zA&!WNYj '!Qvoj I I hLuehV @ckrR)a:vdP, Ilia mr, aottuaror�, re' rnwws be mmer tegodwn 1 WhAmtand flla I'd' la ulr: rior. uUt fl:- in '!U, aa 1 NnnanvrcTnnjsQo7ba[U1n. f WAN Past: Bacbse: We: Please raurn vigned/ ev"itulcuat ' form er, fire sher3"Tr Patrol Station lRE"ILMDER 1 DkAW IIIAGRANI O-N'FHE BACK OF THIS FORWI 06ce Fro old,, -- Dow BaA, VBLy,D es"HVTS 1 ,IN7 !f parrs - ,si'en from tanabraner Wrer of rea mesuon qwn N&Rco TENJ`POW'acRY STRU C"I'Ll It F, LOCATIO 'N DI A G RANI brivignions: Prepare a detailed dmwing of the save where you propose to place youi temporary structule. Your drloAing should encompass So shereline and take ama in frovo o; your lot aoJ the tww adjacent lot5. Be sum to include lot line, docks. and any exisi,ing lernponiry struCtui in Con cif al three tot S. Noac wiy landmarks that Nvill assist our deputies in locating your site front a box. You Must Sho indicate the length cc.f the shoreline between your LA lines (take, frontage) and theWalwe hom sh to die proposed AM% for your structure. [lid i Cate North with ,in arrow through the boN in the drat N i ng. TEMPORAR YSTROTTIEWE LNFOR211-1 TION' In order to expedite the issuance of your tornporray structure permit, familiarize yk;urxc!fsNiih the mdosklis, plocedurcs and regulations pertgruing 4) me lerroporaryoonsicture Sou ar't applying far. Plcasv fill son, the applical-itat form on accurately as possihie. Q special :mention to the dingrann at nornporary structure site, The Whate Bear Lake Conservation District must first attyrove ghl structure permits for ff"HITF BEAR I-4 AMuch as copy of this doctinserrhatiorr tolvar corequidedpannit application. I If you are not the landowner, obtain letters of'per from the property owner the structurc be in front of, %pplicaraq Pbtcmp a sialoin course tsr ski jump inum alo) obutin a Offer of porn;: lion lVoin It)-- city tort]-st Is,'hin: Bear Lake Corker, ation District for White Bear Like) in el rich it %kill be located and the landonmer(s) the ktrucaae kvill lie d:nvrly in front of. V You must check kvith the city yan live ht to ensure you comply 0 bli their rcgolalus-s. Attach a later of himi your city if it appliev Your permit number vsill be issued Upon approval offhe corriplated application. Place : ':his number on the structure, unless Your strucarre has a permanent number afflized (aiven by the Raciney County Sheriff - s F]npariurnrt). '[']its number is necessary' to oonstarx that ox are inTensing ywour snuclutv plan inspections are done firent boals so ad roves cannot be USK Aker coonyel the appliation Rxim and inap, return it to tha Sinniff Parrol Station. ffthe temporary structure permit application is appyri, c! you Wl reecii, Q acopy of the irnrspsiral�l Arrulurc Permit form si b" a deinns sheriff Keep this copy fo:" future reforence, OnCo You receive Wis signed copy, ) on me) par i co or stroeftne in the %vatror. A demit) an) inspect the sole:111 so rrulk? Mac h complies "ith ad of the regulations. If Or xurne reason it fails dw inspeemm, you WH be notified. The problenri(s) r-nust be corrected within seven days of notification, after kk71-:ich titac another inspection may be conducted. Iftfic problem is not COITeCte(h YOU KH be instructed to reinoo it from the kvatcr. A d7yoo plan on placing the s:rusfuck in a different locaarat: if you are no Wager going to use the structure: or W Ifyoufflov, OTE: N All types of temporary structure permits MUST be rcneoed every t eoa. All permits ~Silt expire an December 3 t. i.e.: if issued intone of 2005, it vill ko-jore 11`3 1./05. lT yo u have a n y q ue st ions re gard i n g y t) t i r te m porary saw cm to p! as oz cad (651 i 16 6 - ? W aci ar0l DepLay regrading your structure pannit rsquest. ac cutest to speak to a 'v\larcr P,- Agenda Item G10 IMI:IM[a]:L1ki Bill M TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Two New Defibrillator Monitors DATE: June 2, 2005 INTRODUCTION In 2004, we started the replacement of our old defibrillator monitors. We currently have four Philips monitors, and with the purchase of these two Philips monitors, we will have a total of six to be used between both police and fire. After a study was done in 2004 on what type of monitor would best meet our needs, a decision was made to purchase Philips. We are only able to purchase the Philips monitors directly from Philips, therefore, we didn't go out for bids. The last four new monitors we purchased were Philips. RECOMMENDATION I recommend that the city council approve the purchase of two Philips MRX defibrillators in the amount of $42,725. AGENDA NO. G -11 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Compliance with Reimbursement Bond Regulations DATE: June 7, 2005 11. k I3s] 111 ,1831 [a]. The attached resolution needs to be adopted to comply with Internal Revenue Service regulations. DISCUSSION The city's bond counsel has prepared the attached resolution regarding city reimbursement of project costs from bond issue proceeds. It provides that the Finance Director prepare a Declaration of Official Intent for each project that will involve city reimbursement of costs after bonds are issued to finance the project. The IRS established these regulations to prevent governmental entities from issuing bonds to finance projects that were completed many years in the past. FINANCIAL IMPACT The approval of the resolution will allow the city to continue to reimburse itself for project costs from bond issue proceeds. RECOMMENDATION It is recommended that the Council adopt the attached resolution. p \agn \reimb bond regs RESOLUTION NO. RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood, Minnesota (the "City "), as follows: Recitals (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150 -2 (as the same may be amended or supplemented, the "Regulations "), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration ") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. 1776002vi A -1 (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted on 2005, by the City Council of the City of Maplewood, Minnesota. EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting Finance Director of the City of Maplewood, Minnesota (the "City "), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150 -2 (the "Regulations "), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the City Council the City to make and execute this Declaration of Official Intent (the "Declaration ") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project ") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the 'Bonds ") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: . 2005. Finance Director City of Maplewood, Minnesota p \agn \Reimbursement Resolution Agenda Item G.12 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Hillside Estates Final Plat (Springside Drive Extension) APPLICANT: John Poirier LOCATION: Vacant Property Located Between 2401 and 2425 Linwood Avenue DATE: June 6, 2005 INTRODUCTION John Poirier is requesting that the city council approve the final plat for Hillside Estates. This plat extends Springside Drive into a 1.6 acre, vacant parcel and subdivides the parcel into three separate lots. One lot will front on Linwood Avenue and two lots will front on the new Springside Drive cul -de -sac. BACKGROUND On August 23, 2004, the city council approved the following for Hillside Estates plat: Rezoning of the property from F (Farm Residence) to R -1 (Single Dwelling Residential). A preliminary plat for the creation of three new lots and the extension of Springside Drive. DISCUSSION The extension of Springside Drive will be constructed as a city project. The public work's department has begun the preliminary grading of the street extension. Mr. Poirier proposes to sell the platted property to a developer for the construction of three new single - family houses. RECOMMENDATION Approve the Hillside Estates final plat. Prior to issuance of building permits the owner or developer must complete the following: Record the plat and utility and drainage easements. Submit grading and drainage plans for each new lot to be approved by the city's engineering department. The grading plan must reflect the preservation of as many large trees as possible. All large trees removed from the three lots must be replaced one - for -one, not to exceed 16 trees, as required by the citys tree preservation ordinance. p:sec 12 -28 \Hillside Estates Final Plat Attachments: 1. Location Map 2. Final Plat 3. August 23, 2004, City Council Minutes Attachment 1 El i)'-� --� I Location Map w X >L army Sew �¢mM eumarinn svx WINITY MAP 7li Legend in �a �n Rt s xml rY MMS muW Aft WE t E Mll co R6 ... W= W MT l b , T. I 9 0 a ---------- I SW& M N X Ml HI masm -21 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M. Monday, August 23, 2004 Council Chambers, City Hall Meeting No. 04 -19 H. PUBLIC HEARINGS 7:20 Hillside Estates (Springside Drive) Preliminary Plat Zoning Map Change - F (farm residence) to R -1 (single dwellings) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Commissioner Mueller presented the Planning Commission Report. d. Assistant City Engineer Cavett presented further specifics. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Daniel Billing, 2383 Linwood Avenue, Maplewood Jacqueline Niccum, 2401 Linwood Avenue, Maplewood f Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution changing the zoning map from Farm Residence (F) to Single Dwelling Residential (R -1) for the proposed Hillside Estates plat: ZONING MAP CHANGE RESOLUTION 04 -08 -154 WHEREAS, the City of Maplewood is proposing the following change to the City of Maplewood "s zoning map: Farm Residence (F) to Single - Family Residential (R -1). WHEREAS, this change applies to the property located in between 2401 and 2425 Linwood Avenue in Maplewood, Minnesota. WHEREAS, the property is being platted into three single - family lots. WHEREAS, the new legal description for the three new lots is as follows: Lots 1 through 3, Block 1, Hillside Estates. WHEREAS, the history of this change is as follows: City Council Mccting 08 -23 -04 On August 16, 2004, the planning commission recommended that the city council approve the rezoning change. 2. On August 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 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. 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. The owner plans to develop this property as single - family houses. Seconded by Councilmember Juenemann Ayes -All Councilmember Koppen moved to approve the preliminary plat date stamped July 14, 2004 for the proposed Hillside Estates plat. Prior to final plat approval, the owner or developer must complete the following a. Have the city's engineering department prepare the final construction drawings as specified in the city engineering department's August 5, 2004, engineering plan review. b. Prepare and submit easement documents for the required utility and drainage easements to city staff for approval. Prior to issuance of a building permit for lots 1 through 3, the owner or developer must complete the following: a. Record the plat and utility and drainage easements. b. Submit grading and drainage plans for each new lot to be approved by the city's engineering department. The grading plan must reflect the preservation of as many large trees as possible. All large trees removed from the three lots must be replaced one- for -one, not to exceed 16 trees, as required by the city's tree preservation ordinance. Seconded by Mayor Cardinal Ayes -All City Council Mccting 08 -23 -04 Agenda Item G13 MEMORANDUM TO: City Manager FROM: Andrew Gitzlaff, Planning Intern SUBJECT: Conditional Use Permit Review PROJECT: George's Auto Body LOCATION: 1225 Frost Avenue DATE: May 23, 2005 INTRODUCTION The conditional use permit (CUP) at 1225 Frost Avenue is due for review. The CUP is for a metal storage building in a BC (business commercial) district and for used car sales. (See the maps on pages 3 through 5 and the city council minutes starting on page 6.) BACKGROUND Metal Storage Building On May 9, 1988, the city council granted a CUP for Mr. George Hirsch to build a 40 -foot by 40 -foot metal pole building behind his auto -body repair garage for the storage of vehicles and parts. On May 18, 1989, the city council reviewed the CUP and agreed to review it again in one year. On May 31, 1990, the city council reviewed the CUP and agreed to review it again in five years. On June 12, 1995, the city council reviewed the CUP and agreed to review it again in five years. Auto Sales On February 10, 1997, the city council amended the CUP for George's Auto Body Repair to allow Mr. Hirsch to sell used cars from his auto -body shop subject to ten conditions of approval. On July 7, 2000, the city council reviewed the CUP and agreed to review it again in five years. DISCUSSION Upon recent inspection, I found that the George's Auto Body Repair shop is not meeting the following three conditions: The owner or operator shall install stop signs at each driveway and a handicapped parking space and signage on the site. One of the stop signs was missing. The owner or operator shall strip all vehicle display and parking spaces. All spaces shall meet city size standards. The condition of the bituminous area of the parking lot is deteriorating and the parking lines need to be re- striped. There shall be no exterior storage of inoperable vehicles or vehicle parts on the site. There is miscellaneous storage of auto parts and other items along the side of the building. On May 23, 2005, 1 spoke to George Hirsch, the owner and operator of George's Auto Body Repair. He told me that he will replace the missing stop sign and relocate any items stored outside into the pole building. Mr. Hirsch explained that he has not yet re- striped the parking lot because he is uncertain about the future of his building and site. The auto body repair shop is located directly north of the Gladstone Savannah and is part of the Gladstone Neighborhood redevelopment study. After the Gladstone neighborhood building moratorium expires, the site may be redeveloped or reconfigured. Staff recommends that the CUP for George's Auto Body Repair be reviewed again in one year to give the owner time to complete the repairs and ensure compliance with the conditions of approval. RECOMMENDATION Review the conditional use permits for George's Auto Body Repair at 1225 Frost Avenue again in one year. REFERENCE INFORMATION Site Description Site size: 10,157 square feet (0.23 acres) Existing land use: George's Auto Body shop and storage building Surrounding Land Uses North: Outdoor storage area and DNR Trail South: City open space across Frost Avenue West: Maplewood Dairy building with D & D Towing and car repair business East: Classic Car Wash Planning Land Use Plan designation: BC (business commercial) Zoning: BC Ordinance Requirements Section 44 -512 (5) requires a CUP for the sale and storage of used motor vehicles. Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. p:secl 6 \george's.cu p Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. February 10, 1997 Conditions K V ED Attachment 1 RR, AVM Rot LOCATION MAP i 11// 1 I ment 2 I Attachment 3 y a X 'r- AD « MMM s r \. J Q$ aF* nr Papp®s4 es pd 5 4 N Attachment 4 WHEREAS, the history of this conditional use permit is as follows M 2. The city council shall review this permit in one year, 3. If there is not enough parking on the site, the operator or property owner shall reduce M- number of vehicles for sale on the site or shall arrange to park employee v elsewhere. I vehicles sates on Sundays, (State Law) 7 JANUARY 21,1997 C, Conditional Use Permit—Used Motor Vehicle Sales Lot (1225 FrostAvenue) lKen Roberts, associate planner, presented the staff report. Mr. Roberts answered questions. Mike Bergeron was present representing the applicant, Mr. Bergeron said there are two shared driveways tP the building. Commissioner Thompson was concerned about the traffic patterns and snow storage unthe lot, Commissioner Rossbach moved the Planning Commission recommend: A. Adopt the resolution which approves a conditional use permit for a used motor vehicle sales lot o61725 Frost Avenue. This approval issubject tu the following conditions: 2. The city council shall review this permit in one year. 3. If there is not enough parking on the site, the operator or property owner shall reduce the number Of vehicles for sale 0n the site Vr shall arrange to park employee vehicles 4 The operator shall not allow parking on Frost Avenue. G The hours for vehicle sales shall beMmnday`Satun1ay -8pm. There shall beno vehicle sales on Sundays. (State Law) 6. The operator shall get a license for the sale uf used motor vehicles, The owner or operator shall install stop signs at each driveway and ahandicapped parking space and 3ignogeon the site. 8. The owner or operator shall stripe all vehicle display and parking spaces. All spaces shall meet city size standards, B. The owner or operator shall only park the vehicles for sale in the front of the building on the bituminous area. The operator shall keep the displayed vehicles mt least Y0 feet back from Frost Avenue. 10, There shall be no exterior storage of inoperable vehicles or vehicle parts on the site. B Approve a 12 stall parking reduction authorization for George's Auto Body shop at 1225 Frost Avenue. This approval shall be subject to reconsideration by the city in the future if a parking problem develops, Commissioner KiMddQeseconded. Auo8^-211 The motion passed. 1.1 Agenda Item G14 IMI:IM[a]:L1ki Bill MI TO: City Manager FROM: Andrew Gitzlaff, Planning Intern SUBJECT: Conditional Use Permit Review PROJECT: Beaver Lake Town Houses LOCATION: Maryland Avenue and Lakewood Drive DATE: May 23, 2005 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses is due for review. This is a residential development under construction on the south side of Maryland Avenue, east of Lakewood Drive. (See the maps on pages 3 through 5 and the city council minutes starting on page 6.) BACKGROUND On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) for a 148 -unit housing development. The applicant requested the CUP because Section 36- 566(a) of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single - family detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right -of -way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan on page 5.) 2. Street right -of -way and easement vacations. These were for the unused street right -of -ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes starting on page 6.) On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB's approval about brick on the exteriors of the four and eight -unit buildings. On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition about adding more brick to the four and eight -unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year DISCUSSION The developer and contractor continue to progress with the building of the detached town houses and the overall site work in this development. However, the developer and contractor have much to do to finish the project including the construction of the multi -unit buildings. The city council should review this CUP again in one year to ensure that the developer and contractor are meeting all the city conditions as the project construction continues. RECOMMENDATION Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site. Kr /p:sec25 /beaver Lake TH CUP review 2004.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. May 28, 2002 City Council Minutes W Attachment 1 Y AV"Tr.. r�C \, Rl PLEY Ay KINGSTON Cj 5OU�th i TON AVE. Soar AVE y FR:1NlGf fl" W �. ®I s LARPENTEUR AVE. --I ®i x IDAHO AVE Q Y I �(, ND �)�AVE. K 7 MONTANA AVE 1— MONTANA --�\ — �'.. CC TEVUN y a4c AVE �A m� CT ' Cati�" T 4 i:. �+F i MCH&EL DR NEBRASKA . X`S} �, g 3 4 3 PJNEHZEE DR 4 WRCWWW g RYAN DR 1440N - __ OAKHiLL,cr P= C� = 8 v ! •.. -.5 PINE TREE DR 5 ®', 7 a 8 DR T E HILLS Uk (LN:. - F Vj t1KNET LN, AVE. ODLPWN DR) C3 T7LSEN " Ol5 Wes, 'p� cmv7E ua, p WAV N w � -:.. -.. AVE. i sI z. �. y. 3 RD w 5 Co tH , HAWTHORNE A 1200N - D _� AVE. .ROSE>ii� SL IE� p C A yyK ) h- 143 -. °� G . PA.. � \A MAGNOLIA AV Gr ` Y Ramer lg Lake Z A *k, [�1 / PL. 2 r x o 960N AVEa H AvE oI EASE w ° w w BRAND 40rC �,EL LN. BRAND U"RE a _ AVE _ 10 x 7th ST. -. u BUSH :F AVE. art \, MINNEHAHA AVE. 720N /t REr AV° 4 N 3 13LAVLK LAKt UtAU I I :U r1k rim RAWUM AVE SOC 344s m LL+ ILI - I - )SE ­ AVE. E� gG 40' PROPERTY LINE / ZONING MAP 4 N 1 .1"GERANIUM' A l YLAND A\ UF ID AT �1 :"- MA-G N 0 L , ROSEWOOD ESTATES 1070 6UF 7 6 1- V ? 11% ............. T SITE T SITE PROJECT m uj 53� VACATED 77C 0, F L uj a. 5 PROJECT SITE m LL+ ILI - I - )SE ­ AVE. E� gG 40' PROPERTY LINE / ZONING MAP 4 N 1 .1"GERANIUM' �1 :"- MA-G N 0 L , 1070 ? uI 0 0 uj m LL+ ILI - I - )SE ­ AVE. E� gG 40' PROPERTY LINE / ZONING MAP 4 N 1 .1"GERANIUM' Attachment 3 -- " ROSEWOOD FS " 4FES . _ Fi -! •.- -- .. -- PARK DEr1CA-VON AR_ 4 r C} LLL ' r f - I 4 N 5 Attachment 4 4. 9:33 Beaver Lake Townhomos (Lakewood Drive and Marviand Avenue) A. Conditional Use Permit for a Planned Unit Development (PUTD) B. Street Right-Of-Way and Easement Vacations C Preliminary Plat a. Assistant City Manager Coleman presented the report. Associate Planner Roberts presented the specifics of the report. C. Commissioner Rossbach presented the Plannin.- Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by COLIrICilrneiiiber Jul iiciiiaiin ayes All d. Mayor Cardinal opened the public hearing, calling for Proponents or opponents. The following persons were heard: Laurence Olson, LSJ En.-inecring, Representing the Developer of Beaver Lake Townhomcs tMark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Nlary Street, I'daplewood iMargaret Lutfoy, 1076 Mary Street, N-laplewood Bob Zick, 1980 E. Shore Drive, 'Aaplewood Kevin Berclund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterlm Street North, Maplewood Will Rossbach, 1386 E. County Road C, -Map Kay Peterson, Second Appearance Mark Dorling. Second Appearance Bob Zick, Second Appearance Kevin Bcr Second Appearance e. Mavor Cardinal closed the public hearm. COLInCilmember Koppen moved to adopt the I'61towing resolution approving a conditional use permit for a t fanned unit devqk2p_meni for the f �avcr Lake Townhome development on the south side 0 f Marvland Avenue bet Stertine Street and Lakewood Drive: RESOLUTION 02-05-098 CONDITIONAL USE PE RNIFY RESOLUTION WHEREAS, Mr. representing Tony Emmerich, the AJE Companies, applied for a conditional use permit 1 -1 (CUTP) for the Beaver Lake To residential planned unit development (P[-.!D). WHFR this permit applies to undeveloped property for the Beaver Lake Towmiornes PLED south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22 , Ramsey Countv- Nlinnesota. (PENS 25-29-22-21-0010 and 25-29-22-21-0011) C tv (""'Lncd Mc !rto 0 -2s-tP M WHEREAS, the hisLorw of conditional use permit is as follows: I. (in April 15, 1 -00L the plarininL commission recommended that the city council approve this permit On May 2$. :'002 ; the City Council held a public licarin Taie city staff published a notice in the paper and sent notices to the surrounding property owners, The COUnCil '�cIVC CVCrV ne at the hearing 1 1 0 - a chance to speak and present written stalcments. The council also considered repofLs and recommenclahons of the city staff and planning cominkission- The council tabled action on the devetopaicin reiclucst: until May . 4 2001. NOW, T HEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use pe,rrnit, because: The use: %YOUld he 1OCaUxi, &Mgncd. mairuairiccl, conalructed and openrtadto be in conforrrtEty with the ci Ws co. riaprehe.n.sivc plan and code of ordinarices. 1 The use t'vould not change the exicting or planned character of the surroundiric :area- The use would not do-preciatc. property valucs, 4- The Use Would not involve any adrVhy, materials, equipment or mahods of operation iliat would be danccrOUS, hazardous, ce.n disturbing or cause a nuisance 1 .0 any person OF pioperLy, because of excessive noise, Marc„ smoke, dust, odor, funies, water or air pollution, draina"CL %caLer run-off, vibration, aencral unsi-htlinc eldctricat nncrf or other inuisariccs, The use would cencrate Only uhnimal vehicukit trafflc on local street and %vould not create traffic COHgCSti()n Or unsafe ZCCCSS On existing or proposed strects. I 6. t use %vould be scr: cd by adequate public facilities and sere, ices, including streets, police and fire protection, drainage structures, water and sc% sysLems, schools and parks. The use would not create eXCeSSive additional costs for pubhe facilities or services. 8. The use vouW rcaxam'ze the presciva6on of and incorporate ffic sites natural and scenic features into the development dcsign. U. The use would cause mininial a& arse environmental efCccts. Approwal is subject to the Following condiL:ons: I . . All conso shall follow the plans dato-stamped March i 2, '2002 except For the follott env changes: a. Ref -ising the grading and site plaus to sh00%: (1) No --radim. or ground disturbance in the park dedication area and in the wc0and and so - earn buffer areas except: (al As allowed by the watershed district. ib) For the utilit;es, trails and footbridae- 7 /2\ The required trails and sidewalks. [3) Revised storm water pond locations and dcoi0oaus suggested ormcquin:dbvtbcp/oiorsbed district ar city on nootThnpnadoobz1}a.crtthccityyodmsigostuoduods. ;% Thxdcvoloptrcnioim/iziuQdbelosoorrccoVvm|oYuanuru|vugrtotiouinc{odio- ke eping and Protecting tile grove nf comh:rops trees (yinco) (an area ef natural zianifio8une) that isioand near the south side of the stream corridor near the rear of proposed buildings 26-34� (� All driveways at least 20 feet wide. If the developer wants Lo have parking no one side u[a driveway, then that driveN& ay must be at least 2S feet wide. (6) All parking stalls with u width of at least nine feet and u{toaihofuk least |8 fcti� b.7`brdxvo!VpnrdoeJingtbcuroa|uhclod^�Purk[)cJGcution'`oodbep|uostotheCik/ofMuyin*ood. This dedication is to help protect the most sQnsitivc natural features on the site and xould protQct this part ofthe site from buildin-, fonces, mowing, cutting, filling, -radin-, durnpim or other ground diolurbuoces, This dedication also would help ensure the natural linear ur corr aspect of the site (primarily around the strearn) main as it is now. The Parks and Recreation Director shall approve the land oT the uzoo/s\ for dedication in the city. The city shall use the Grecnways grant train the DNR-, wlnIc matching the state dollars with city open space money, (as is required) to bLIV the protected area alon- the stream and wet/ands labeled as Park Dedication oil the plan daAQd Marcll 12, 2002. The cit; council may approve ro4inr changes Vo the plans. 'file director n[conkououi|ydevelopment may approve minor changes. I The proposed construction must be substantially started within one year o1council approval or the permit shall t8d. 'The council may extend this deadline for one year. ]*}luxcthe ciryooaincor approve bou|construction and tn`�uumring Thcsopluox a.booludnsrudiu-,uli\[l?,drun parking llot plans. h. �ho%v no kradirl� or -round disturbance (except where utilities or trails are installed) in the: 1 Required ,voi|aGd and stream buffer areas. (l) Park Dedication area. This land will be for city park anti open space purposes. 'I he developer and contractors shall protect the park dedication area, ioolu6ir grove n[ coniferous trees (pines) (all area of natural significance) that is in and near the south side of the stream corridor, City-required trails are allowed in the buffer and park dedication areas. C. InChaic a storm water mano.-ernent plan for the proposal. Cit'[xmu/�fkmio"n���-0� 8 it, Include a cooidniated plan with the public works department for the design and installation of the sandary sewer lines or for the repair or realignment of the existing sanitary sewer tine that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for g etting any off -site: pond and drainage casements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b,* Place temporary orange safety fencing and signs at the grading limits, c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the cd of the easements and shall state there shall be no mowing, vegetation cutting, Filling or dumping. d. histall survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. 17. Install a six -foot -wide concrete sidewalk along the south side of Maryland AVCrn-le between Sterlin Street and the west property line of the site. The developer's engineer shall show this sidewalk on the sradin- and construction plans. The city en-incer shall approve the details of these plans. Construct an eight -foot -wide e paved public %Nalk and two -rail split -rail fencing in the to I lowing locations: From private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private DriveiN ay D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. I lie trait must have a surfacc that is not impervio Lis when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of ssrading necessary to instill the trails. h. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. The developer shall give Use city wetland casements over the wetlands and the stream. The casements shall cover the wetlands and any land within 50 feet surrounding a wetland. The casements also shall cover the stream and any land within 50 feet of the top Of the stream bank. These casements shall prohibit any building, mowing, cutting, fillin- Or CIUMpin" Within fifty feet Of the vcdand and the stream or within !his wettand itself. The purpose of this easement is to protect City (ojncl? Nlccr,11- 0 -_8-07 Wo the water quality of the wetlands and the strearn from tertilixer and to protect the wetland and stream habitat from encroachment. T ]'he approved setbacks for the principal structures in the Deaver Lake Townhorne PUD shall be: t. Front -yard setback (f oni :a private drivcsvav). minimum - 2t1 feet, maximum - 35 foci la. Front yard setback (public side street): mubmurn - 25 fcet, maximurn - 4( feet C. Rear -yard setback none d. Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buitdinos e. Side yard sctbacks (apartments): 20 feet minimum between buildings This approval does not include the design approval for the townhornes or for the apartnlcins. The project design clans, including architectural. site, lighting, tree; and landscaping plans, shall be subject to review and approval of the community design review board (CDRB) The projects shall be subject to the following conditions: a. Meetin- all conditions and changes as required by the city council. b. The buildin`;s in the shoreland district skull have a rnatiitnum height of , 25 feet (unless the city council approves taller structures). c. The developer shalt design the structures to reduce their visibility from the take. This shall include sinV vegetation, topo_;raphy, increased setbacks color or other means to accomplish the screenm The city may require additional veygetation to Help screen these facibtics. ti. For the driveways: (1} Minimum width - 20fcct. (2) Maximum width - 28 feet. (3) ;kll driveways lass than 28 feet in width shall be posted for "No Parking =," on both sides. Driyew'ays at least 28 feet snide may have parking on one side and shall be posted firr no parking on one side. v Shotiying all chin tc, required by the city as part of the conditional use permit for the planned unit development (PUD). 9.. The city Shall not issue any building permits for construction on an outlet (per city cone requirements }. The developer must record a final plat to create buildable tots for any outlet in the preliminary plat before the city will issue a building permit. 10. The developer paying the city S94,000 in Park Availability Charges (PAC fees) for this development. Ciro' Council.Vecnn 07- 2S -62 IM 11, Zhe CA council shall review this pernlit ill one vein S econded b V CO A nc i bnorn b er W as i I uk :eyes - 311 Councill-neniber Koppers moved to adopt the Following resohnion aunrovillL a street right-of-way and casement vacations for the Beaver Lake Townhoqjes tLakcwood Drive and Manland AvcnUC): RESOLUTION 02-05-099 STREETRIGHT-OF-WAY VACATION RESOLUTION WDEREAS, 10r. Tony Emmerich, represcrinn- the AJE Companies. applied for the vacation of the Follovving described street right -ot-ways: I That part of the Sterling Street right of -away as roadway casement accordins: to the document filed w'di Rarnsev Cowity Kim- within the West 25 feet of the East 58 Feet of Lot 5, Block 2, Beaver Lake Addition. 1 That pai t oCNlaanoiia Avenue (Formerly klionn as Chen- Avenue) as platted in Beaver Lake :Addition Iving bet Cho cast right -of -rya; line of'Lakcwood Drive ([he %vcst line of Lot 8, Block 2, Beaver Lake Addition extended south) and the cast propenv line oC Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County'. WHEREAS, the history of these vacations is as Follows: L On April I 5. 2002, the planning commission recommended that the city Council approve these street vacat Loll S. On May M, 2 the city council held a public hearing. City staff PLIblished a notice in the Maplewood P,cvlcww and sent notices to the ah uItting property owners. The Council gave everyone at the hearing a Gbance to speak and present written statements- The council also considered reports and recommendations firorn the city stiff aria planning commission- The council tabled action on the developincrit request until May 14, 2001 WNEREAS, after the city approves this vacation, public interest in the propertw will so to the fol[ownle abut,ting properties: I Lot 5, Block 2. Beaver Lake Addition (PFN 25-29-22-2 1-0010) L i - 1 - Lots ?a n d 8, B (ock - Bcaver Lake Addition (PIN 25 9-22- 1 -0011) - The Notils 1 61.83 fcct of the West 114 of the SE P4 of the N 1114 (SUbCCt to roads) ofScciion 25, To.wriship2l).RangC22 290-66 feeLcffihe� West 1� North6 feeoNie West P2offfic SF L'A is(t hc N_M_ Except the Nor�h I '.; '1 (Sub to roads and easement} in SEC 23 T\T 2t)_ RN 22 (P(N 2S All in Seem 25. Tov nsliip 21), Ran. 22., Maplewood, Ramsey County. Minnesota- Cl L' i.Ulnci I 4, Lei n- 11 2' -:i, 11 NOW, THEREFORE, IEREFORL, BE IT RESOLVED that the city council approved the above - described vacation since it is in the pub4c interest based on the following reasons: 1. The adjacent properties havc adequate street access. 1 1 hesc right -of -ways are not needed for the public purpose of street construction, 3. The developer will he building private streets and driveways in the project. RESOLUTION 02-05-101) EINSENIENT VACATION RESOLUTION WHEREAS, Mr. 'Tony Emmerich, representing the AJE Companies, applied for the vacation ot'die following- described easements: That part of the following sanitary sewer easement according to docurnent number 1504484 lying within Lots 7 and 8, Block 2. Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Norihorest quarter of Section 25, Township 29. Ramie 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of NorthN% est quarter; thence East 153 ) feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 1 7 12.9 feet; thence South I dearee 38 minutes 30 seconds West a distance of 80 feet'. thence South SS dearecs 21 minutes, 30 seconds East a distance of 170,25 feet more or less to a point on the West line or the 50 loot sewer easement hereinafter described, all of the foregoing being over Lot 8, Block I and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying South of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota, WHEREAS, the history of'this vacation is as follows: 1. On April t5, 2002, the planning commission recommended that the city council approve these vacations. 1 On May 28, 2002, the city council held a public hearing. The city Staff Published a notice in the 'vlapiewood Review and sent a notice to the ahuttin property owners, The council gave everyone at the hearing a chance to speak and present written statements. 1 he council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property wifl go to the l'ollo%%inQ shutting Property: Lot 8, Block 1. Beaver Lake Addition and Lots 7 and S, Block 2 , Beaver Lake Addition WIN 25-29-22-21 - 001 1 t It in Section 25, Township 29. Range 22 Ramsey County, Minnesota NOW, THEREFORE, BE IT RFSOLVED that the city council approve the above-described vacations for the following reasons: It is in the public interest. City C cuncii Moon IM 2. T he city and the adjacent propctty owners have no puns to build a street or utilities in these locations. The adjacent proper es have access to public streets Lind utilities. Seconded hy Couricdnmmber Collins -yes -All Counciltncrnber Koprpen r Beaver Lake Towtthorne des,elo on the sout side o %Marv °land Ar cnup hetween Sterling Street and Lakewood Drive. The desclo .et shal complete the following• before the city council ap t he final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor wiUt a, Complete all grading for overall site drainage, complete all public improvements and meet aH city rt DuiromenEs. lt_� Place temporary orange safety fencing and signs at the aradins; limits. c, Have Xcel Encra-v install Group V rate street tights in at least 15 locations primarily at street and driveway intersections and street or drivers aycam es. The exact style and location shalt be subj4ct to the city ont-incer's appr rs al. d. Pav the city for the cost od, traffic- control, street identification and no parkmv signs. e. Provide all required and necessary easements, f Cap, seal and ahandon any welts that may lie on the site, subject to Minnesota rotes and `autde[ines. `f. Complete and replace as necessai -v all curb. and gutter on Sterling Street and on %f Ir;:land A enue. This is to replace the existing d E c+: a ys and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks. complete the `ollocvtng: (t } Construct an eight- foot -wide paved public w aLk and t -tai€ split -rail ;encm`a in the following locations' a. From Private Drive A at the west side of fine site beovwl Lois li and to to near the stream in the center or the site, Is, Frcnn Private. Drivtc b.9 ii the cast sick: of the site_ betwcon Lots _ t and 2_ to near the stre.artt. All inails heme.en Sots shall be a publich -owncd pedestrian way or outtot_ (2) The developer also shall build a six- foot -wide sidewalk along the south side of IMarsland Avenue between 5tcrlin- Street and the vvcst propeity line of LhQ site, ciry t :ounce %ICV�I.nL -03 `M (3) The developer shall install a twvo -rail split -rail fence on both sides of each trail and post's at the end of the trails to prevent motorized vehicles from usim the trail, i 4l The developer shall build the trails, sidewalks and fencim with the drive% ays and streets before the city approves a final plat. t 5} The city engineer must approve these plans. i. Fnstal4 permanent sips around the edge of the wetland and stream buffer easements_ These sivms shall mark the edge of the easements and shall state there shall be no moGCmg; vegc atiap cutting, flllinu, gra tine or dumping heyondthis point_ City staff shall approve the sign design and location before the contractor installs them. The dc�, eloper or contractor shall install these signs before the cite issues building permits in this plat. j. Install survey monuments along the hw�etlund boundaries, k. Install survey monuments and sighs along the edges of the area labeled "Parts Dedication." These sitgns shall explain that the area beyond the signs is a public park area and that there shall be no building, tences, mowing, cutting, filling, dumpinT or other around disturbance <n that area. The developer Or enntractor shall install these sivTns before the city issues building permits in this plat. I. Install signs n here the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. p. Ha e (he city engineer approve final construction and env >ineerinu plans. These plans shall include grading, unlits. drainage, erosion control, tree, trail. sidewalk, driveway and st.eet plans. The plans shall meet the following- eanditicns� a. The eazosion control plans shall be consistent with the city :rude. b. I lie grading plan shall show. l } The proposed building pad clewanon and contour information for each bui!ding site. The lot lines on this plan shall fallow the approved preliminary plat. t Contour inFormation for all the land that the construction will disturb. (3) Building pads that reduce ;he grading on site rvhere the developer can save large trees. iC! (4) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices h)r any slopes steeper than 3;1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-inaimcnance vegetation and be stabilized before the city approves the final plat, (6) All retaining walls on the plans. Any retaining walls taller than Four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four ( ) Sedimentation basins or ponds as required by the watershed board or by the city engineer_ (3) No grading beyond the plat boundary ry itho tit temporary grading easements from the affected property ovvner(s), (9) Additional information for the property south of the project site. This shall include elevations of the existing ditch culverts and catch basins arid enough Information about the storm water flow path from the proposed ponds. (10) Emergency cI between Lots 8 and 9, Lots 21 and 22 and south of' proposed building 42 (Out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district, C.* The tree plan shalt: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. Show where the developer will remove, save or replace large trees. This plan shall include an inventory craft existing large trees on the site, ( :I t ( 10 Und : MCC I In' () 5 - 'F, -i)2 15 0) Shovf the size, species and location of thc replacement and screemn" trees. The deciduous trees shall he at least two and one half (- FQ inches in diameter and shall be a mix (if red and white oaks, ash, lindens, sui,mr maples or other native species The coni6crous trees shall be at least eiSht (8) tieet Call and shall be a mix of Black Hills Spruce, Austrian pine and other species, (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. Include for city staff detailed tree pianring plan and material Its[, (6) Group the new trees toceffier, These planting areas shall be: (a) near the pending are (b} on the slopes (c) along [he trails (d) along the cast side ot'Lakevood Drive 1,o screen, the proposed buildings Jrom Beaver Lake (e) alone the south side of the site (west of Sterlin Street) to screen the development From the existing house to the south The developer may use the tree gToupings to separate the different types of residences, (7 � I , Show the planing of at least 270 trees a Fter the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An ci -hL-foot-wide pav ed public walkwav and Lwo-rail split-rail fencing in the fiallowimi locations: a. From Private Drive A in the west side of the siw betrveen LoLs 8 and 1 ) Lo near the stream in me center of the site. b. From Private Drive D in the cast side of the. sits[.. between Lots 2 and 22 to near the stream. The parks and recreation director .;hall approve their locations and design. The public streets and drivcways shall be a 9-ton design wnh a maximum street crude of eiOn percent and the maximum street grade within 7 5 tect of all intersections at two percent. 1116 (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The removal ofthe unused driveways and driveway aprons and the completion of the curb and g cutter an Sterling Street and on Marviand Avenue and the restoration anti sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department, (6) All utility excavations located within the proposed right -of ways or within easements. The developer shalt acquire casements for all utilities that would be outside the project area. ( The plan and profiles of the proposed utilities, (9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion, (9) A coordinated sewer reahirmnerit and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) A six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the vvest property line of the site. e 'I he dradra-Q plan shall ensure that there is no increase in the rate of storm water Rin- off leaving the site above the current (predevelopment) levels. The developer's criumeer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as fellows: a. Show drainage and utility casements along all property lines on the t'nial mat. These casements shalt be ten feet wide along the front and rear property lines and five feet wide alone the side property lines, b. Show the wetland boundaries on the final plat as approved by the watershed district. ("'W Council Mcellnq 0 -28-02 17 c. Show the park- dedication boundary and area on the final plat. I d, Nlake as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street fight-of-ways. e. Show street comes for the driveways as follows; Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway IS in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the cast one -hal o f the site shall be caned "S terling Circle," (4) Private Driveway E in the east one -half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline casements on the Enal plat, g. if necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline, (code requirement) h. Label the common areas as outlets. i. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 2 and 22 as separate outlets and dedicate each of these to the city: 5 . Secure and provide all required easements for the development, These shall include: a. Aiivof drairiugeaiidtitiiitycas��iiierits- 0 1 b, Wetland artd stream easements over the wetlands and any land within 50 feet surrourichn.- a wetland and a stream The easement shall prohibit illy buildiru or structures within 50 feet ofthe wetland or stream or any mowing, cutting, fillimy Oradinc or dumping within 50 teet of stream, wetland or within the wetland itself c. A stream buffer casement that is it least 50 feet wide on each side of stream that crosses the sae I lie easement :shall prohibit any buildimy, structures or any filling, cutting, grading or cdunpinu within 50 feet of ordinary hi2ji water mark (01-1WM) of the strearn (:Icy Council MeeiinL O - 28 - 02 I F-I The purpose of these easements is to protect the water quality of the strea[n and wetlands from fertilizer and runoff. They also are to protect the strum and a habitat front encroael- ament. d. An casements the city needs for the realignment of thesan tar} sewer through the site. ti. Sign a developer's agreement wide the city that guarantees that the developer or contractor well: a. Complete all gradin for overall site drainage, complete aft public- improvements and meet all city rccluiremenu. b." Place temporary oran re safety fencing and sig7ns at the grading limits. c. Provide for the repair of Lakev&ood Drive_ :Maryland Avenue and Sterling? Street (street, curb and -utter and boulevard) after the developer connects to the public utilities and builds the drivewvays, cf. Work with the city as twcessaerg for the rea,isnra -'nt of the sanitary sewer through the site. This sewer project also will rCquire an assessment agreement betiween the developer and the city to compensate the city for the benefit that the developer rcceices from the city sewer construction. Record the follovcingtvith me final pima a. AR homeowners' association documents. b. A covenant or (iced restriction that prohibits any additional driveways ays (bcstdas the one new drives ay shown on the protect plans) from going onto Lakewood Drive and onto Mart Land Avenue. c. A deed restriction prohibiting the construction of a d %% or its attaclunents within 100 feet of the Williams Brothers pipeline. This affects Lots l through Lots 19 through 24 and buildin-s 41 and 42 oCthc proposed preliminary plan the city reccivcd on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d- A deed dedicating a stream buffer easenhent t50 feet from the top of each stream hank) for the stream that drosses the site. e, Deeds for the stream and wvedand buffer casements surrounding the stream and the wetlands. 101 A covenant or deed restriction that prohibits any further subdivision or splitnm of the lots or parcels in the plat that would create additional builchrur sites unless approved by the city COUncil. -, A deed that transfers the ownership of the park dedication area to N-lap1cwood. h- Deeds that transfer the ownership of the outlets between buildings S and 9 and bui[dings 21 and 22 to the city, The applicant shall submit the Language for these dedications and n4st6ctions to the city for approval betbre recordints. S, Submit the homeowner s' association hylaws. and rules to the Director of Community Development- 'I he arc to assure that there will he onc responsilblo party for the tnahntonartce. oC the private utilities, d6vtoxily-, and structures, 9. Show aw wetland boundaries on the plat as appi by the W;itcrsihad District, A trained and qUs1iL person must dulincate the verIands. I his person shall prepare a wetland delineation report, Thc� developer gh- a[l submit this wetlanct information to the Watcrshed District offio.c-t The Watershed DiStIlCt. Must appro% e this iefum)ation bzferc the city appiovcs a final IsW. If necdc-d, the developer shall change the p utt to meet wetland tcguladuns. 10- The dcvoloper shall complete. all guiding for public. improvements and overall site. drainage- The city 0 1 1-13112ina-.r shall include in the dcVeloper's agreement any grading than the dcveloper or contractor ties not: comp�et0 bd6re final plat approval, 11, Obtain a permit tram the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminanr plat, the director of community development may waive any conditions that do nett app v to the final plat, *The developer n!US( Cornplete these conditions bctbrc the city issues a gradintz permit or approves the final plat. Seeondcd by Councilmember Collins ayes-Mayor Cardinal, CGunc i Imembers Collins, Koppen, Wasiluk Nw.s-Councilmember Juericalann Councilintruber Koppea mcv�ed to adopt dic hfllo"inL" resolution uj)proving the on street 11 kirl-, stan dard s toy the B ca v or Fak T o %v rttionic de vcl op mer i t: RE S 0 L UT I ON 02 -1]5- lilt NO PA AR RESOLUTION' �N'H L R E A S, N I apl ew o od has ap p rev ed a r esi tie nt i a 1 PUT) and p re l imi n ary p kit ki in v, n as B eav�r La Townhornes. WlIF-REAS, the developer wants to hwe reduced street rivht-of-way widths, reduccd S[T`Ccl PaVCTRon r and rodUced private. driveway vviddis in this developynenL. Cit ccmicn N(cCull; ln-2 RZ11 WFIERLAS, the city has approved reduced street right- widths, reduced street pavetnent width and reduced driveway widths in the development, Subject to can- Street parking restrictions. 'A'HEREAS. Section 29-52(b! of the city code aNnww s variations from the city code standards if they do not affect the ='Yeneral purpose: of the city code. NOW. THEREFORE.. IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and drivoa,V ays less than 28 feet ti<<ide and prohibits parking on one side of the public streets and driwewvays that are 29 feet to 32 feet wide to the Beaver Lake To "nhomc Pt_D south of Maryland Avenue between Sterling Street and Lakc%ood Drive in Section 25- 29 -22. Seconded by Councilniernber Collins Acs -Mayor Cardinal, CouncI Imambers Collins, W° asiluk, Koppers iti aw s- Councilmember Juenernann C euncilmember Koppen move to au ze cit to s .end u p to o 7t`t,t }t } €_I caf the open space funds for the 3.9 acres which :would include the S150-00 matchirn grant f om) t D r Grecry Prom Staff weas also directed to make the developer aware that the city w ould Isi Lo - see his n articivation in the open space program. Seconded by Councihrnernber Collins T. AWARD OF BIDS None. UNFINISHED BUSINESS 'dame :fives-Al[ lmoxicating Liquor Limise -N6co Kotsopoulos -Marna `rna's t 94. s +'t hite Bear Avenue a. Assistant City Manager Coleman presented the staff report, b. City Clerk Guilfude presented the specifics oaths: report. C, Thi t`oI low ing person we as heard'. Nico Kotsopoutos, Owner, Meow ,fin's, X094 White Bear Atenuc, Maplewood Jaatinc KiAsopoutos, Marna %[ia's, 36 Wbice Bear Avenue, Staplev ttod Counc:itmcinhec Roy en n iLiVed to an row ^ctlie it tiosi e atim and Sunday h trot tiCe �lfcations iLtr Vito KoL sopoutos fir k tma Mia 's tocatc.d. at 3094 1ti l it Baa \venue. `veeonded by Councilnlenher ltasiluk Ayes-A C c:orir.cat 4rce:ir. iia _s -0 21 Agenda Item G15 /e[r]:Iki U7e\N:I as] :iI TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Engineer 1 SUBJECT: Carlton Street Improvements, City Project 03 -22 - Resolution for Acceptance of Project DATE: June 3, 2005 INTRODUCTION The Carlton Street Improvement project was constructed in 2004. Final construction expenses have been determined. The final construction contract amount is under the approved contract by $12,202.39. The city council will consider approving the attached resolution for acceptance of the project. Background The project is final and complete. The approved budget for the project is $1,379,160. The final project budget will be less than the approved budget due to the fact the construction contract is under budget. The original contract amount was for $733,236.16 and the final contract amount is $721,033.77. Budget Impact There is no impact to the budget at this time. Nx8101MI MI:Iki UL1111 III [a]ki It is recommended that the city council approve the attached resolution for the Carlton Street Improvements, City Project 03 -22: Acceptance of Project. Attachments: 1. Resolution 2. Location Map Agenda Item G15 RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Carlton Street Improvements, City Project 03 -22, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 03 -22 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. z Center OLIVIA CT. cn J } ae BUSH AVE w w F } v 34 LLJ W m E. MINNEHAHA AVE. 3 cn Ln MARGARET A E. 68 pro J I% 3M � w Lake 5th AVE. o w Q D' Q ONT J AV o' w U CONWAY AVE. SE VICE R. 68 120 Project location no scale Exhibit 1 Project Location Carlton Street, from Conway Ave. to Minnehaha Ave City Project 03 -22 Agenda Item H1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Court Improvements, City Project 04 -06 1. 7:00 p.m. Assessment Hearing 2. Resolution for Adoption of Assessment Roll DATE: June 6, 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 27, 2005 council meeting and consider approving the attached resolution adopting the assessment roll for all property owners except those that have submitted objections. Background The amounts proposed to be assessed for the County Road D Court Improvements, Project 04 -06, are not directly dependent on the actual amount of the bid, rather on predetermined assessment rates established in the city's pavement management policy, as well as in the feasibility study or by easement acquisition agreements. A total of four properties are proposed to be assessed for this project. An abridged version of the assessment roll is attached to this report. A complete detailed version of the assessment roll is available in the office of the city engineer. Objections Filed As of June 7, 2005, staff has received no written objection to the proposed assessments. Budget Impact The current action will not affect the approved project budget. Funding for this project will be from various sources: MnDOT will be providing a cooperative agreement award of $312,062 that pays 100% of the cost of the acceleration lane work and $25,000 toward the construction of the cul -de -sac. Ramsey County policy calls for a roadway upgrade contribution of $64,099. The remainder of the project is a split of improvements between Maplewood and Vadnais Heights. The Vadnais Heights contribution is $62,042. The final Maplewood share is $190,537. Of this amount, improvements under the City's roadway reconstruction policy and provisions for new water main service will justify assessments of $55,295. The remaining funds ($115,267) are proposed to be paid through City debt service and an allocation of $29,921 from St. Paul Regional Water Services for water main costs. The debt service payment for bonds of $115,267 is approximately $8,000 annually Due to revisions in the length of the proposed cul -de -sac and respectively the length of assessable front footage of the Hillcrest Animal Hospital property, there has been a reduction in the proposed assessment revenue from what had originally been estimated in the feasibility study. This reduction in assessment revenue would appear to be offset by the reduction of the cost of the street construction. Agenda Item H1 Approval of the attached resolution will not impact the project budget. RECOMMENDATION It is recommended that the city council approve the attached resolution Adopting the Assessment Roll for the County Road D Court Improvements, City Project 04 -06. Attachments: 1. Resolution Adopting Assessment Roll 2. Pending Assessment Roll for Project 04 -06 3. Location Map 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 County Road D Court Improvements, City Project 04 -06, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: No objections had been filed as of June 7, 2005 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 27, 2005, as to their recommendations for adjustments. The assessment roll for the Road D Court Improvements, City Project 04 -06 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. 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. 5. 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 13 ` day of June 2005. Maplewood, MN County Road D Court Project 04 -06 04/18/2005 City Project 04 -06 County Road D Court ASSESSMENT ROLL TOTALS $ 55,295.52 Totals Parcel Parcel ID Taxpayer Street Parcel Street Owner Street Address Owner City /State /Zip Assessments Number 042922110002 NELLIE J 1296 COUNTY ROAD D E 1296 COUNTY ROAD D E MAPLEWOOD MN 55109 -5258 $ 8,940.00 MCMAHON XARIS 032922220021 PROPERTIES 1320 COUNTY ROAD D E 10559 MANNING AVE N STILLWATER MN 55082 -4657 $ 19,594.34 LLC M 042922110003 1290 COUNTY ROAD D E 1290 COUNTY ROAD D E MAPLEWOOD MN 55109 -5258 $ 17,821.18 M MJAMES TRO 042922110082 1272 COUNTY ROAD D E 2695 TOWN LAKE DR WOODBURY MN 55125 -8702 $ 8,940.00 LLCAND TOTALS $ 55,295.52 P , . �I 'l VADNAIS l S PROJECT LOCATION COUNTY I 4. HIGHRIOGE CT. sunset — Ridge D; Pork z W � � FJOHN 6 z. D� 2. 1. SUMMIT CT. BLVD. ? 3. 2. COUNTRYVIEW CIE w i.. x { F J. DULUTH AVE. C T . a ❑ AVE: LYDIA f REAM AVE. I ILI Li C a � RACATZ O 3 w a° Z N MarPnao� RAMSEY :non G' M �. i — COUNTY I ke QTY U r COURT m v F' KOHLMAN AVE �'- u w KOHLMAN s Hd Pa flood w o AVE 5 W' G Z. . COUNTY ROAD c w ' �' Kp pan Jti� S- ui. NILC Q o w ° C7 M Of LO EDGEHILL RD. 0 d CON W AVE.R a DEMONT AVE r 11 m WE. 0�" pe BROOKS AVE BROOKS r o v W AVE EL EN7 :TA NT ¢ �sF so s < AV EXTANT AVE g AVE. E ed.. GERVAIS AVE N g GVGI 0 m II N SHERREN AVE. DR. tff "m ti CASTLE AVE. Knuckle Lake aa L pep COPE [�� AVE, m COPE AVE. . CT J I LARK g s q. AVE, — `J, v LARK AV ! o_ N AI I� FILE NO. LOCATION MAP PHONE (651) 480 -2000 AMAPLE0405.00 COUNTY ROAD D COURT EXHEU -_ 3535 VADNAIS ST PAUL, MN CENTER DR. 55110 TH 61 AT TH 694 y DATE„ SEH 6/4/04 MAPLEWOOD, MINNESOTA Agenda Item H2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chris Cavett, Assistant City Engineer SUBJECT: T.H. 61 East Frontage Road Improvements - City Project 04 -25 1. 7:15 p.m. Assessment Hearing 2. Resolution for Adoption of Assessment Roll DATE: June 6. 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 27, 2005, council meeting and consider approving the attached resolution adopting the assessment roll for all property owners who have not submitted objections. Background This project involves the construction of a frontage road along the east side of T. H. 61 from Lexus on the south to the old County Road D on the north. The frontage road construction coincides with median and turn lane work proposed as part of the T.H. 61 Improvements. The purpose and benefit of this project is to reduce drive access points and conflicts on T.H. 61. The amounts proposed to be assessed for the County T.H. 61 East Frontage Road Improvements, Project 04 -25, are not directly dependent on the actual amount of the bid, rather on predetermined assessment rates defined in the feasibility study and finalized in agreements with the affected property owners (Lexus, Kline Volvo and Kline Nissan). Three parcels, (Lexus, Kline Volvo, Kline Nissan) are proposed to be assessed $306,400 for this project. An abridged version of the assessment roll is attached to this report. A complete detailed version of the assessment roll is available in the office of the city engineer. Objections Filed As of June 6, 2005, staff has received no written objection to the proposed assessments. Per agreement with Lexus, Kline Volvo and Kline Nissan, no objections may be filed. This assessment hearing is required to be conducted by statute. Budget Impact Initially the approved funding on this project called for funding entirely from assessments and State Cooperative Agreement Funds with no contribution from the tax levy. During the project design and meetings with MnDOT, the scope of the project has evolved. The new frontage road would be required to connect to existing County Road D, and would require improvements to the existing County Road D connection at T.H. 61. Those additions to the project resulted in a new project cost of $39,700 that was approved to be funded from tax levy. In addition, $31,400 in additional costs were added to the project at the request of the auto dealers. The additional $31,400 has been assessed to the respective property owners and is covered by agreements for which the property owners have waived their right to appeal the amount of the assessments. The rate of assessment is 5.0% per agreement with property owners. Agenda Item H2 Below is a summary of the revised project funding approved on 4/25/2005: Approved Funding Assessments: $306,400 Cooperative Agreement Funds: 75,000 Tax Levy 39,700 $421,100 Approval of the revised financing plan resulted in $39,700 in tax levy funding. The debt service payment for bonds of $39,700 is approximately $2,700 annually. Approval of this action will not impact on the project budget. RECOMMENDATION It is recommended that the city council approve the attached resolution adopting the assessment roll for the T.H. 61 East Frontage Road Improvements, City Project 04 -25. Attachments: 1. Resolution Adopting of Assessment Roll 2. Pending Assessment Roll for Project 04 -06 3. Location Map Agenda Item H2 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 T.H. 61 East Frontage Road Improvements, City Project 04 -25, was presented in a public hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: No objections had been filed as of June 7, 2005 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 27, 2005, as to their recommendations for adjustments. The assessment roll for the Road T.H. 61 East Frontage Road Improvements, City Project 04 -25, 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. 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 5.0 percent per annum, from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 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. 5. The city engineer and city clerk shall forthwith after October 1, 2005 but no later than November 15, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 13 ` day of June 2005. Maplewood, MN T.H. 61 East Frontage Road Project 04 -25 4/18/2005 City Project 04 -25 T.H. 61 East Frontage Road ASSESSMENT ROLL TOTALS $ 306,400.00 Parcel Parcel ID Taxpayer Street Parcel Street Owner Street Address Owner City /State /Zip Comm. / M.F. / Institutional Number 32922220015 RICHARD G KLINE MAPLEWOOD DR N 2610 HIGHWAY 61 N MAPLEWOOD MN 55109 -1000 $ 84,800.00 32922220016 BLOOMER PROPERTIES 1-1-C 3000 MAPLEWOOD DR N 16200 WAYZATA BLVD WAYZATA MN 55391 -2018 $ 61,700.00 32922220022 RICHARD G KLINE MAPLEWOOD DR N CO KLINE VOLVO INC 3040 HIGHWAY 61 N MAPLEWOOD MN 55109 -1081 $ 159,900.00 TOTALS $ 306,400.00 r 61 r nan ke COUNTY Park Park Cr) N W aVE. I L,J m C, 'k EXTANT AVE. t PROJECT LOCATION COUNTY 0 r ST. JOHNS BLVD. z 5 JB AVE. z Y � � o m m ❑N Q "'VTz 3 w Markham z N Pond COU Ty e � i couN � <1 r COURT (T r N KOHLMAN AVE. `` a ' ° w KOHLMAN a r+oieiwood w o AVE. r- U g Pori, C7 z ROAD �' C w m ��+ + m� EHOp �7 E i �/ ❑ Q w O OT. w z EDGEHILL RD. v NOR g AVE. o 4 DEMONT w AVE Ha, st m P-A, BROOKS AVE. ff_BR KS EL F SEX TANT AVElciskns z pJ`✓ GERVAIIS N \ ~ COP r w LARK a CL �_ PHONE. (651) 490 -2000 3535 VADNAIS CENTER DR. SEH ST. PAUL, MN 55110 AVE, r HIGH RIDGE CT. "' _ "" " a � spnse� GRA E. m Read, DR. / / / - -' \ � OR Pvk Kn tt ucke Head Lake COPE � 1v� AVE_ LA a AV AVE w W LOCATION MAP W N AMAPLE0402.01 TH. 61 EAST FRONTAGE ROAD TH 61 AT TH 694 W DATE: W F MAPLEWOOD, MINNESOTA Q �i G N GQ 2. SUMMIT CT. s 2. COUNTRYVIEW CIR. y F� 3. DULUTH CT. 3 J G o 4. LYDIA AVE. z BEAM r nan ke COUNTY Park Park Cr) N W aVE. I L,J m C, 'k EXTANT AVE. t PROJECT LOCATION COUNTY 0 r ST. JOHNS BLVD. z 5 JB AVE. z Y � � o m m ❑N Q "'VTz 3 w Markham z N Pond COU Ty e � i couN � <1 r COURT (T r N KOHLMAN AVE. `` a ' ° w KOHLMAN a r+oieiwood w o AVE. r- U g Pori, C7 z ROAD �' C w m ��+ + m� EHOp �7 E i �/ ❑ Q w O OT. w z EDGEHILL RD. v NOR g AVE. o 4 DEMONT w AVE Ha, st m P-A, BROOKS AVE. ff_BR KS EL F SEX TANT AVElciskns z pJ`✓ GERVAIIS N \ ~ COP r w LARK a CL �_ PHONE. (651) 490 -2000 3535 VADNAIS CENTER DR. SEH ST. PAUL, MN 55110 AVE, r I G "' _ "" " a � �' GRA E. m VIKING DR. / / / - -' \ OR SHERREN AVE Kn tt ucke Head Lake COPE � 1v� AVE_ LA a AV AVE w FILE No. LOCATION MAP AMAPLE0402.01 TH. 61 EAST FRONTAGE ROAD TH 61 AT TH 694 EXHIBIT NO 1 DATE: 11/12/04 MAPLEWOOD, MINNESOTA Agenda Item 11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Engineer I SUBJECT: Hazelwood Street Improvements, City Project 03 -39: 1. Approve the Agreement with HealthEast St. John's Hospital for the Extension of St. John's Boulevard 2. Resolution Approving the Revised Project Financing Plan 3. Resolution Receiving Bids and Awarding Construction Contract DATE: June 2. 2005 INTRODUCTION An agreement has been reached with HealthEast St. John's Hospital for the acquisition of temporary and permanent easements necessary for the reconstruction of Hazelwood Street, and to include the extension of St. John's Boulevard to Kennard Street as part of the project. As part of the agreement, the hospital has agreed to have their assessment increased to offset the cost of extending St. John's Boulevard. The project financing plan for Hazelwood Street Improvements needs to be revised to reflect the increase of $80,960.00 in HealthEast St. John's Hospital's assessment. 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 city council shall consider approving the attached agreement with HealthEast St. John's Hospital for the acquisition of temporary and permanent easements and the two attached resolutions for Hazelwood Street Improvements, Project 03 -39 — Resolution Approving the Revised Project Financing Plan, and Resolution Receiving Bids and Awarding Construction Contract. Background The project involves the reconstruction of Hazelwood from Beam Avenue to the newly aligned County Road D, as well as the connection to Legacy Parkway. Included in the project are signal improvements at Beam Avenue, drainage improvements, construction of turn lanes, parking bays, sidewalks on both sides of the street and lighting and signal improvements. The extension of St. John's Boulevard was originally proposed as part of the Kennard Street Extension, City Project 03 -04, but an agreement could not be reached at that time. Curb radii were constructed on the west side of Kennard Street as part of Project 03- 04 for the eventual extension of St. John's Boulevard. Extending St. John's Boulevard through to Kennard Street would provide the hospital with a second entrance to its north parking lot and provide for better traffic circulation in the area. It would also relieve traffic on Hazelwood during the reconstruction. Contractors have indicated a major savings to the city on the bids due to this alternative access. Staff also feels that it is advantageous to have St. John's Boulevard extended at this time, since the reconstruction of Hazelwood is the last major road project in the immediate area. Through further discussions with hospital representatives, an agreement has been reached that allows for the extension of St. John's Boulevard to proceed and provides the city with the additional easements Agenda Item 11 necessary for the reconstruction of Hazelwood Street. A copy of the agreement is included as an attachment to this report. In the agreement, the city agrees to pay $48,284 for temporary and permanent easements along Hazelwood, and HealthEast St. John's Hospital requests that the city increase their Hazelwood Street assessment by $80,960.00 (to a total assessment amount of $206,448.00) to offset the cost of extending St. John's Boulevard. HealthEast St. John's Hospital also waives their right to object to the increase in assessment as part of the agreement. Originally, it was proposed that HealthEast pay for the funding of St. John's Boulevard; however, at their request this amount has been proposed through the agreement to be an assessment to HealthEast. The city attorney has reviewed the assessment of the private driveway connection and, due to the public benefit received from both the construction detour status and the permanent benefit provided to the public roadway system by the alternative access to the Hospital campus, has determined that the assessment is valid. The project financing plan for Hazelwood Street Improvements needs to be revised to reflect the increase of $80,960.00 in the hospital's assessment. Below is the project financing plan for Hazelwood Street Improvements as revised and approved by the city council on April 25, 2005. Street and Storm Assessments: $ 326,941 (23%) Municipal State Aid Bonds: $1,016,911 (71%) Tax Abatement Fund (# 432): $79,948 (6 %) Total: $1,423,800 (100 %) The revised financing plan proposed is as follows: Street and Storm Assessments: $ 407,901 (28%) Municipal State Aid Bonds: $935,951 (66 %) Tax Abatement Fund (# 432): $79,948 (6 %) Total: $1,423,800 (100 %) The bids for Hazelwood Street Improvements 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 $956,264.58. The low bid from Forest Lake Contracting of $894,492.60 is 6% less than the engineer's estimate. These bids include the costs associated with the extension of St. John's Boulevard. Forest Lake Contracting has worked on several projects in Maplewood in the past. Previous projects include English Street south of Frost Avenue and Kennard Street north of Beam Avenue. Both projects were satisfactorily completed. Staff expects that they will be able to perform to the project schedule and contract specifications. Budget Impact Revising the project budget to reflect the increase in HeathEast St. John's Hospital's assessment and awarding the construction contract to Forest Lake Contracting would have no adverse impacts on the Agenda Item 11 approved budget. There is no tax levy funding for this project, as funding is through assessments, state aid funds and tax abatement funds. Furthermore, the low bid from Forest Lake Contracting falls within the approved project budget and estimated construction cost established in the feasibility study. RECOMMENDATION It is recommended that the city council approve the following (3 separate motions required.): The attached agreement with HealthEast St. John's Hospital for the Extension of St. John's Boulevard. 2. The attached resolution for Hazelwood Street Improvements, Project 03 -39, approving the revised project financing plan. 3. The resolution receiving bids and awarding a construction contract to Forest Lake Contracting in the amount of $894,492.60. Attachments: 1. Location Map 2. Copy of the Agreement with HealthEast St. John's Hospital for the Extension of St. John's Boulevard 3. Resolution Revising Project Financing Plan for Hazelwood Street Improvements 4. Resolution Receiving Bids and Awarding Construction Contract Aaenda Item 11 ROAO ` uU COUNTY JAD O Pj HII 0 For* ILI _____II u CITY OF MAPLEWOOD Ramsey County, Minnesota Agreement for Acquisition of Temporary Easement and Acquisition of Permanent Easement Hazelwood Street Improvements, City Project 03 -39 THIS AGREEMENT, made this day of 2005, between the CITY of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and HealthEast Saint John's Hospital, a Minnesota corporation, hereinafter called the OWNER. RECITALS 1. The OWNER warrants that it is the record title owner of the property located in the CITY of Maplewood with the legal description thereof set out on Exhibits A, B, C and D attached hereto and made a part hereof, (PROPERTY) 2. The CITY through City Project 03 -39 proposes to provide a Hazelwood Street Improvement that would affect OWNER's PROPERTY requiring CITY to acquire temporary easements and a permanent right of way on parts of OWNER's PROPERTY. 3. The CITY and OWNER desire to enter into an Agreement to provide for all rights, obligations, and issues resulting from the CITY's Hazelwood Street Improvement known as CITY Project 03 -39. NOW, THEREFORE, the CITY and OWNER agree to the following: 1. Temporary Easement. The OWNER does hereby grant to the CITY, its employees, successors, contractors and assigns, a temporary easement over, across, under, through and above part of the OWNER's PROPERTY. The purpose of the temporary easement is to survey and construct and all other actions necessary to complete the Hazelwood Street Improvement. This temporary easement is described as all property for permanent easement and temporary easement as described in Exhibits A, B, C, and D, and shall also include access to all property reasonably necessary to implement any and all additional considerations listed below. The Temporary Easement shall be effective as of the date of this Agreement and expire on October 1, 2006. 2. Permanent Easement for Right of Way Purposes. The OWNER does hereby grant to the CITY, its employees, successors, contractors and assigns, a permanent easement over, across, under, through and above part of the OWNER's 1 PROPERTY. The purpose of the permanent easement is for right -of -way purposes. This easement is as described in Exhibit C and in Exhibit D. 3. Consideration. The CITY shall pay the sum of $38,284 (Thirty eight thousand two hundred eighty four dollars) for the permanent easements described in Exhibits C and D, and the temporary easement described in Exhibit A, consistent with the appraisal performed for the OWNER by Peter J. Sampiar, dated June 16, 2003. Said payment shall occur within two weeks after the permanent easement documents have been signed and shall constitute full payment for the terms of this agreement. 4. Additional Consideration. The CITY as additional consideration shall provide at the CITY's sole cost and expense, excepting all levied assessments by the CITY, the following improvement: Improved Hazelwood Street from Beam Avenue to County Road D consistent with Project Plans for Hazelwood Street Improvements, City Project 03 -39 and to be completed by October 31, 2004. 5. Assessments for Improvements. The CITY has levied assessments for the improvement of Hazelwood Street, City Project 03 -39 as provided for and consistent with MS Chapter 429. OWNER acknowledges that an assessment totaling $125,488.00 has been levied against OWNER's PROPERTY and shall be applied in entirety to the remainder of the OWNER's PROPERTY after the permanent easement acquisition. Said assessment has been levied at 6.1 % interest for a term of 15 years. 6. St. John's Boulevard Driveway Connection. The CITY does hereby offer to provide a driveway connection from the private driveway, called St. John' Boulevard, to Kennard Street. The CITY finds this improvement necessary and cost effective for the overall public benefit. By signing and delivering this Agreement to the CITY, the OWNER requests the CITY proceed with the connection of St. John's Boulevard to Kennard Street. Further, the OWNER acknowledges that the cost of constructing said driveway connection shall be included as a necessary improvement as part of Hazelwood Street and requests that the CITY include an increase in OWNER's Hazelwood Street assessment of $80,960.00 (to a total assessment amount of $206,448.00) for said improvement. Within fourteen days of receiving the completed agreement, the CITY shall pay the OWNER the sum of $10,000 (ten thousand dollars) as full and just compensation for the temporary easement set forth in Exhibit B. Said agreement shall include waiver of OWNER's option to object to the increase in assessment. 7. Insurance. The CITY shall prior to the commencement of any work by the CITY for Hazelwood Street Improvement, CITY Project 03 -39, or for any work to be performed pursuant to this Agreement provide OWNER with proof of insurance in an amount as required by the approved project specifications covering all public liability of 2 and property damage including but not limited to all hazards caused by said improvements. Such proof of insurance will name OWNER as additional insured parties. 8. Miscellaneous. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions or the application of such provisions shall remain valid and enforceable for the benefit of and against the respective parties to this Agreement. This Agreement may not be modified or terminated except in writing signed by OWNER and CITY. This agreement shall be governed and interpreted in accordance with the laws of the state of Minnesota. 9. Notices. All notices shall be in writing and shall be addressed to CITY and OWNER at their respective addresses. Notices shall be validly given when hand delivered or the next business day after deposit in the U.S. Mail with prepaid postage. Either party hereto may from time to time, specify, by giving Fifteen (15) days notice to the other party, (i) any other address in the United States as its address for purposes of this Agreement and (ii) any other person or entity of the United States to receive copies of Notices. 10. Binding Effect. The terms and conditions of this Agreement shall be binding upon the parties hereto, their respective successors and assigns and the benefits and burden shall run with the land. This Agreement may be recorded against the title to the PROPERTY. 3 IN WITNESS WHEREOF the undersigned have executed this agreement so as to be effective the date set out hereinabove. HEALTHEAST SAINT JOHN'S HOSPITAL Robert D. Gill It's Vice President and Chief Financial Officer Dated: 1 2005 STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2005 by Robert D. Gill, Vice President and Chief Financial Officer of HealthEast Saint John's Hospital Subscribed and sworn to before me this day of 2005. Notary Public CITY: CITY OF MAPLEWOOD By Its Mayor 4 ME Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2005 by Bob Cardinal, Mayor and Richard Fursman, City Manager of the City of Maplewood. Subscribed and sworn to before me this day of 2005. Notary Public 5 Agenda Item 11 RESOLUTION REVISING PROJECT FINANCING PLAN FOR HAZELWOOD STREET IMPROVEMENTS CITY PROJECT 03 -39 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the construction of Hazelwood Street Improvements, City Project 03 -39, and authorized the finance directorto implement a financing plan for the project, and WHEREAS, the City Council of Maplewood, Minnesota, has entered into an agreement with HealthEast St. John's Hospital to acquire temporary and permanent easements and include the work of extending St. John's Boulevard as part of City Project 03 -39, and WHEREAS, said agreement includes the request by HealthEast St. John's Hospital to have their assessment under the project increased by $80,960 to offset the costs associated with extending St. John's Boulevard, and WHEREAS, this increase in assessments affects the financing plan for the Hazelwood Street Improvements, Project 03 -39, it is now expedient that the financing plan for the project be revised to reflect the increase in proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the finance director is hereby directed to revise the financing plan for the Hazelwood Street Improvements, Project 03 -39 as follows: Street and Storm Assessments: $ 407,901 (28%) Municipal State Aid Bonds: $935,951 (66 %) Tax Abatement Fund (# 432): $79,948 (6 %) Total: $1,423,800 (100 %) Agenda Item 11 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Forest Lake Contracting, Inc. in the amount of $894,492.60 is the lowest responsible bid for the construction of Hazelwood Street Improvements, City Project 03 -39, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Agenda Item 12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Public Works Building Addition, City Project 03 -19: Resolution Receiving Bids and Awarding a Construction Contract DATE: June 7, 2005 INTRODUCTION The 2005 budget includes an allocation within the Fleet Maintenance fund for expansion of the Public Works Building. Bids were received on Tuesday, June 7, 2005. Those bids appear to be within the project budget, but due to the complexity of the bids and the number of alternates, the architect and Public Works staff is still analyzing the bids prior to making a recommendation. The final recommendation of a contract award will be available at the pre- agenda meeting on Thursday, June 9, 2005. Background The city's Public Works staff is housed at 1902 County Road B East. The building was constructed in 1976 and is currently used by the Public Works Maintenance personnel for offices, equipment storage and vehicle maintenance. In April 2004, the Engineering Division relocated to the upper floor where office areas were previously leased to the Ramsey Washington Metro Watershed District until March 2004. A final budget for the building addition, including the salt storage facility, was established in January 2005 at $2,365,000. Plans for the project were approved in March 2005. Bids received on April 14, 2005, were rejected due to being nearly $500,000 over budget. The plans were revised and the following bids were received on June 7. 2005: Building Expansion Bid Amount Architect's Estimate $2,100,000 Merrimac Construction $1,933,395 Jorgenson Construction $2,097,000 Greystone Construction $2,165,495 Weber, Inc. $2,176,000 Lund Martin Construction $2,176,000 Ebert Construction $2,192,000 CM Construction $2,192,000 Arkay Construction $2,193,000 Rochon Construction $2,242,000 Shaw Lundquist Construction $2,282,549 Falls & Nyhusmoen Construction $2,363,000 The apparent low bidder is $166,000 below the budget for the project. The bid is being reviewed for possible errors. Additionally, there were nine alternates that were designed for consideration that are being evaluated. Agenda Item 12 Project Revisions The Public Works staff and architect reviewed the project plans to achieve the $600,000 in cost savings. A listing of those savings and the estimated change /impact is listed below: Project Revision /explanation Cost Reduction Change roof design to standard (lifetime to normal roof) $170,000 Eliminate upgrade of existing mechanical system to meet code $100,000 Change pre -cast panel design (lesser quality) $ 50,000 Change metal siding to dryvit: $ 40,000 Reduce internal electric lighting levels $ 20,000 Reduce quality of internal finishes $ 30,000 Eliminate upstairs restroom $ 20,000 Eliminate upgrade of mechanic's area $ 20,000 Eliminate exterior painting of existing building $ 10,000 Leave conf rm and staff work area unfinished $ 30,000 Have PW staff complete curb, retain wall and landscape $ 70,000 TOTAL REVISIONS $560,000 Budget Impact and Options The above - listed cuts are mainly reductions in the quality of the project. The design of the building is very appropriate. Unfortunately, this building was ignored for 25 years and the cost of upgrading the existing system is significant. The architect made only one error, that being his original estimate in April of what the work would cost, not in the design. A high majority of the work eliminated will eventually be a cost that the city may face. For example, the lesser quality roof will require the city to replace the roof within 15 -20 years. The existing mechanical system will eventually need to be brought up to meet code requirements. The unfinished areas will eventually need to be finished; while the work to be performed by the PW staff will reduce the amount of work done in other areas of the city. With the possible available budget and the alternates available, staff will be recommending re- adding some of the cut items. A recommendation will be provided at Thursday's pre- agenda meeting. RECOMMENDATION -- To be provided on Thursday, June 9, 2005 at pre- agenda meeting. Agenda Item K1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Lexus Auto - Service Center (Trout Land Site) LOCATION: New County Road D and Highway 61 DATE: June 1. 2005 INTRODUCTION Project Description Brian Teeters, of the Ryan Companies, on behalf of Bloomer Properties, is proposing to develop the northerly commercial lot of the Trout Land Development on the west side of Highway 61 south of Sparkle Auto. Mr. Teeters previously submitted a proposal for this property, as well as for the abutting lot to the south, to be developed with automotive uses by Lexus of Maplewood. During this previous review, the city council tabled action so the applicant could make revisions to their plans and to be more specific with their proposal since there were some uncertainties with the previous plans. This current proposal sets aside the southerly site for future development and focuses only on the northerly site. Refer to the applicants narrative and the enclosed plans. The applicant is proposing the following for this property: Automotive repair. Parts storage and sales. Parking for employees and service customers, loaner cars and new /used car inventory. This site would not be for vehicle sales or vehicle delivery by large transports. Transports would drop off cars at the existing Lexus of Maplewood across Highway 61. Employees would drive cars from there to be stored at the proposed site. Requests Mr. Teeters is requesting that the city council approve the following: Revision of the Trout Land final plat to move a lot line on the south side of their proposed building as a result of their new site layout. A conditional use permit (CUP) for an automotive service garage. Building, site and landscaping plans. BACKGROUND On March 14, 2005, the city council considered the applicants original proposal and, after considerable discussion, tabled this review until April 11. The council was not willing to approve these permits for development since the plans needed considerable revisions. Tabling was at the applicants request to give them time to consider changes to their plans. On April 11, 2005, the city council tabled their review indefinitely since the applicant was working on plan revisions. DISCUSSION Final Plat Revision The proposed lot line relocation on the south side of this site cuts across the applicants proposed pavement area. The parking lot and drive should not cross over a lot line, but should be contained within the site. A five -foot setback, furthermore, must be met. The plan as drawn would require a parking lot setback variance, but there is no basis for approving this variance. Staff recommends denial of this plat revision to move this lot line in the location proposed. The existing lot line creates the same concern. Staff recommends that the applicant redesign the site plan to contain their parking lot paving within the limits of their site or relocate this lot line to a location that observes the required five - foot parking lot setback. In that event, staff would recommend approval. A condition of this approval should also be that the building permit not be issued until the plat is recorded. The proposed lot would not exist otherwise. CUP City code requires a CUP for automobile- repair facilities. Staff finds no problem with the applicants CUP request for this auto - service center. The applicant has designed the building and site to minimize any negative effect for the future townhome owners to the west across New County Road D. Site activities will be concentrated on the highway side with the exception of a parking lot on the north side of the proposed building. Vehicle delivery by large transports will not occur on this site, so there would not be the potential nuisance of semi - trailer activity. Design Plans The site would be accessed by a shared driveway that would connect with the County Road D extension. This shared drive would also serve a proposed multi- tenant retail /office building at the intersection of New County Road D and Highway 61 as well as the future automotive site south of the subject property. The proposed building would be constructed of corduroy- ribbed concrete block, EIFS (exterior insulation finish system), glass -block windows and standard windows and doors. Refer to the building elevations. Since the applicants submittal, they have revised the plans twice per staffs recommendation to add windows and doors and to eliminate the amount of concrete block previously proposed. The plans currently submitted were approved by the community design review board on May 24, 2005. Site Considerations Staff has found the following problems with the site plan: Setbacks As stated above, the parking lot /drive areas do not meet the required five -foot setback from the proposed (and existing) southerly lot line. The site plan must be revised to either meet this setback or the applicant must revise the location of the southerly lot line to meet this setback requirement. Staff has discussed this with the applicant and they agree to make this revision to move the lot line. Setbacks The parking lot is shown to be five feet from the northernmost lot line. The code requires 20 feet since this part of the site abuts a residential district. The applicant has also agreed to make this adjustment to meet the setback requirement. Sparkle Auto Access As part of the agreements and conditions of MnDOT`s review and approval of the improvements along Highway 61, County Road D and the Trout Land Development, the city has agreed with MnDOT that the Sparkle Auto property will release their rights to access Highway 61 when their current use /ownership of the property ceases to exist. A cross easement would exist either on, or across, properties in the Trout Land Development unless other acceptable alternatives were provided across other properties. Granting of future cross easements is a recommended condition of the City Engineer and should be a condition of this approval. The proposed site plan needs to address this access and cross easement for Sparkle Auto. It currently does not. Parkina and Access The service garage has 32 repair bays shown. At the required three parking spaces per bay, there would need to be 96 parking spaces for this repair garage. The upper floor has not been designated yet for a specific use according to the plans. At the highest ratio in the code as office use, there would be a need for 44 additional spaces. Applying these two figures would require a total of 140 spaces on site. There are 197 proposed spaces, so even in the highest -use scenario there would be ample parking provided. Parking stalls are shown to measure 8 and 8.5 feet wide. This is allowable for inventory parking. The spaces for employee and customer parking, however, must be at least nine feet wide. Also, there must be enough handicap - accessible parking spaces provided to meet handicap - parking requirements for customers and employees. (Handicap - parking spaces are not required for vehicle inventory parking.) One last comment is that one parking aisle measures 22 feet wide. Code requires 24 feet for two way traffic. If this aisle is for inventory parking, however, staff would find no problem with this width. RTiti , • "i s WF14 The landscaping proposed is an improvement over the last submittal. The applicant has shown an attractive assortment of plantings. Staff sees this as a good start but recommends additional plantings due to some wide tree spacing in certain areas. Staff recommends the following additions: More plantings along the north lot line adjacent to the single dwelling property to the north. Code requires a six - foot -tall and 80 percent opaque screen here to buffer the parking lot from this neighbor. Additional trees along the highway frontage for a tree spacing of 30 feet on center rather than the 50 -foot spacing proposed. Three additional trees along the County Road D frontage to create a fuller tree line. These trees are shown at 30 feet on center. A tighter planting row will help to buffer the site from the future town homes to the west. Citizen Comments Staff surveyed the 75 surrounding property owners within 500 feet of the proposed site with the original proposal by the applicant. The comments we received at that time are summarized by Perry Thorvig (our consultant planner during the original review) as follows: Don't need more car sales. Sparkle is an eyesore. Appears to be a reasonable use of the property. Lexus suggests a '"professional and high -end facility.' Keep the structures as close to Hwy. 61 as possible. This keeps lights and noise from off loading and car repair farther away from residential uses. Neighborhood experiences traffic from the dealerships. This affects privacy and safety. Also, refer to the five replies in the attachments from Hal Tetzlaff, Ed Trolander, Tony Valento, Robert and Carol Voeller and Joseph and Jane Gerard. Department Comments Police: Lieutenant Kevin Rabbett stated that he finds no significant public safety concerns. However, he feels that screening of the operation from the residential area will have to be exceptionally efficient to avoid noise and nuisance complaints. Similarly, he suggests that the proposal regarding no vehicle transports be strictly enforced by the management. The unloading of vehicles has been a frequent complaint with other dealerships. Building Official: Dave Fisher, the building official, has the following comments: The building setbacks must comply with 2000 IBC for exterior wall protection. A complete building code analysis will be required when plans are submitted for permits. Provide Fire Department access. Provide customer parking spaces. The building must be sprinklered for fire protection. Retaining walls over 4 feet high require engineering and permits. There should be a preconstruction meeting with the building department. Fire Marshal: Butch Gervais, the fire marshal, needs there to be 20 feet of emergency access to the building. City Engineer: Chris Cavett and Bill Priebe, of the city`s engineering department, have reviewed this proposal and made their comments in the attached report. COMMITTEE COMMENTS May 16, 2005: The planning commission recommended approval of the lot -line revision to the final plan and the CUP for automobile service. May 24, 2005: The CDRB recommended approval of the design plans. RECOMMENDATIONS A. Approve the revised Trout Land Final Plat revision showing the relocation of the lot line on the south side of Lot 1, Block 1, Trout Land. Approval is subject to: 1. The relocated lot line being at least five feet south of the proposed parking lot curb edge on the Lexus Service Center site. 2. The final plat shall be revised for staff's approval. 3. The original final plat conditions dated November 22, 2004. B. Adopt the resolution approving a conditional use permit for an automobile service center on Lot 1, Block 1, Trout Land. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan that the city stamped May 3, 2005. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Vehicle transport deliveries to this site are prohibited unless the site is designed to accommodate this activity entirely within the property. The unloading of vehicles on the street or highway right -of -way is prohibited. This condition also applies to the delivery of parts to this building. 5. The applicant or current owner of this property shall dedicate a cross easement on or across this site for Sparkle Auto or provide an acceptable alternative across other properties. This cross easement, or any alternative, shall be subject to the city engineer's approval. 6. All building- mounted and ground- mounted lights must be down -lit to prevent light spread beyond the site boundaries. Lighting fixtures must be designed so the lens and bulbs are not visible from any surrounding homes. C. Approve the site and landscaping plans date - stamped May 3, 2005 and the building elevations submitted to the community design review board on May 24, 2005 for the Lexus Service Center south of Sparkle Auto on the Trout Land development property. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all requirements of the city engineer. 3. Before getting a building permit, the applicant shall: Dedicate a cross easement on or across this site for Sparkle Auto or provide an acceptable alternative across other properties. This cross easement, or any alternative, shall be subject to the city engineer's approval. b. Provide evidence that cross easements have been granted between all effected property owners for the shared access driveway to the County Road D extension. c. Meet all requirements of the assistant city engineer's report dated May 6, 2005. d. Revise the site plan for staff approval providing: A five -foot pavement setback from the south lot line. A 20 -foot parking lot setback from the northerly lot line where the site abuts residential property. Customer and employee parking spaces that measure at least nine feet wide and drive aisles that measure at least 24 feet wide. These dimensions may be less for inventory parking, but drive aisles must be at least 20 feet wide. There must also be enough handicap - accessible parking spaces provided to meet ADA requirements for customers and employees. The number and placement of these spaces shall be determined by staff. The location and design of a screening enclosure for trash and recyclable materials, unless such containers are to be kept inside. Trash enclosures must be compatible with the building in materials and design and must have a 100 percent opaque closeable gate. e. Revise the landscaping plan for staff approval providing for: More plantings along the north lot line adjacent to the single dwelling property to the north. Code requires a six - foot -tall and 80 percent opaque screen here to buffer the parking lot from this neighbor. Additional trees along the highway frontage for a tree spacing of 30 feet on center rather than the 50 -foot spacing proposed. Three additional trees along the County Road D frontage to create a fuller tree line. These trees are shown at 30 feet on center. A tighter planting row will help to buffer the site from the future town homes to the west. The applicant shall work with staff to enhance the landscaping located on the south side of the building to ensure an attractive landscape design for future developments located to the south of the site. f. Provide engineered plans for any retaining walls that exceed four feet in height. Any walls over four feet in height must also have a fence on top. Revise the architectural plans to show the window frames on the building to match the existing window frames on the Lexus Automobile Dealership building located across the highway (3000 Highway 61). In addition, the plans must show that all retaining walls are designed and constructed of materials which are compatible to the building materials. h. Have a recorded plat so the subject lot is a legally buildable site. i. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. j. Submit detailed plans for screening the rooftop mechanical units for staff approval. The plan must attempt to reduce any negative visual impact caused by the units on the residential property owners to the west. This can be accomplished by combining the mechanical units or vents, installing the units toward the center of the roof or some other acceptable method. 4. Obtain the required permit from the Ramsey /Washington Metro Watershed District. 5. Comply with all requirements of the Maplewood Building Official and Fire Marshal. 6. Install lawn irrigation as required by code. 7. Comply with the city's lighting ordinance. 8. Install a stop sign at the driveway intersection at County Road D. 9. Construct the shared - access driveway with pavement and curbing. Escrow may be accepted in lieu of full completion in consideration of curb cuts that will be needed for the two southerly sites. 10. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. 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. 11. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. 12. The review board noted that the lighting plan is not included in this proposal. A new lighting plan must be submitted for review bythe community design review board. The plan must ensure no negative lighting impacts to the residential properties located to the west by such means as reducing the light pole heights, reducing the number of lights, using a downcast lighting fixture, etc. REFERENCE INFORMATION SITE DESCRIPTION Site size: Three acres Existing Use: Undeveloped SURROUNDING LAND USES North: Sparkle Auto and single family homes South: The County Road D Extension, Venburg Tire and Guldens Roadhouse East: Highway 61 West: The County Road D Extension and future townhomes of Heritage Square 4th Addition PLANNING Land Use Plan Designation: M1 (light manufacturing) Zoning: M1 Criteria for CUP Approval Section 36- 442(a) states that the city council may grant a CUP subject to the nine standards for approval noted in the resolution. APPLICATION DATE We received the complete application and plans for this proposal on May 3, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by July 2, 2005. p:sec4 \trout land autos revision ryan companies 5`05 to Attachments: 1. Location /Zoning Map 2. Land Use Plan Map 3. Site /Landscaping Plan 4. Building Elevation Reductions 5. Floor Plans 6. Building Profile Cross Section 7. Applicants Conditional Use Permit Justification dated April 11, 2005 8. Applicants CUP and Site Plan Review Narrative dated April 11, 2005 9. Applicants Previous Proposals 10. Report from Chris Cavett and Bill Priebe dated May 6, 2005 11. Letter from Hal Tetzlaff 12. Letter from Ed Trolander 13. Letter from Tony Valento 14. Survey Reply from Robert and Carol Voeller 15. Survey Reply from Joseph and Jane Gerard 16. CUP Resolution 17. Plans date - stamped May 3, 2005 (separate attachments) Attachment T C(�UMTY ROAr) L— 's PROPOSED AUTOMOTIVE SERVICE SITE tr r 7 _ h' 1 � � t i ;t �'. w .a F %� f x p 1 I F L of r 7 � k LOC lT1CC)N/Z 1 C MAP 9 Attachment 2 COUNTY ROAD D r� l l PROPOSED AUTOMOTIVE SERVICE SITE p v' — t7 7 rr e ty r � R � _ x n t , 10 S RYAN* i j r 4C a W# PROUTLAw® l . .. _' e 1 r: 53.]PE 6F ! - "1 � •'CAS CO ,ir 1+ 'Ir t .1. �4III'f t1 d r r_iFE r r r r r 1 , • p ! I � it � -�. � ,. � � twsCccw[ "'-G' �T P rD 1 pS r1 G ✓/ Vii' P � ...., —�— / d � I 4 1 R E I V E D' r A301 ro m No"Ai MARK %02 N Attachment 7 LX WV R "I NC P �1 II iiis (,),\I RYAN COMPANIES US, INC. bO South Tenth Sneet, Suite 300 Minneapolis, MN 55403 2012 RYAN 612-462-4C6O [of 612-492-3000 fox April 1 1, 2005 Mr. Torn Ustrand City of Maplewood Community Development 1830 County Road B Maplewood, MN 55109 sio ItENH1114 Dear Tom: AN ) 0 9 005 Bloomer Properties views Lot 1, Block I of the Trout Land site as a desirable site for a future automobile service and parts center. This proposed building and parking facility would serve as an extension of the existing Lexus of Maplewood dealership located at 3000 1 lighway 61 North. The location of the proposed site along I fighway 61 is convenient for Lexus ofMapicivood to Shuttle employees and transport vehicles front one to the other. Site access provided by the new County Road D construction contributes to the Viability of the site. Tire extreme elevation transition across the site provides an effective visual buffer from future townhomos west of the site, Please review a more detailed justification to the City ofiviaplewood's Nine criteria for the proposed conditional use below. Criteria for Approval of the below Conditional Uses Conditional Use Permit for the auto - repair maintenance garage closer than 350 feet to a residential property line. (Section 44 (8)). The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. Section 44-511 (13) suggests that a repair shop is a permitted use. except motor fueling stations or maintenance garage. This suggests that a maintenance garage "associated with a fuefing station" would be a conditional use, whereas Section 44- 511 (16) lists permitted uses as, "any use that would be similar to any of tire uses in subsections (1) through (15) of this section, if it is not noxious or hazardous. " Since an Auto Dealership is a permitted use in the MI district, this Suggests that a parts in RYA COMPAN. ES US, I NC, South Tee 1h a. ee L, Su re 2 00 '4nnea. NIN 5_ -103- 21312 6 tt?i e 1 2-192-.300C tax � IT '. i 1 P1111 1 .1 x111N1 � t 1 1110 I I..", and maintenance garage that is "associated with an automotive dealership "codld be interpreted as a permitted use, The primary factor making this use a conditions) use is the proximity to residential zoned property. Given the extreme elevation difference that exists between these two land uses (illustrated in the attached plans), the buffer between these two uses is very effective. Furthermore, townhome developments are often preferred land uses where land uses transition from single-family residence to commerciallindustriat land uses, Lastly, the lownhomes are within the same plat and the developer of the townhornes is aware of the proposed automobile dealership land use. Bloomer Properties is a high end auto dealer that would construct an attractive dealership specifically established to service high-end vehicles. This use clearly falls within the spirit of the ordinance, 2. The use would not change the existing or gJanned character of the surrounding area. The proposed use is consistent with the surrounding area. Other similar automobile uses are located along the Highway 61 corridor. I The use would not depreciate property values. Because of the sever grade change from the future residential pad elevations and the anticipated building locations and elevations on lot I & 2. The visibility of the proposed dcallorships will be wall screened, Landscaping will also provide additional screening, and site fighting will be below the sight-lines from future residences, and will be accomplish ad with do wncas t, cut -off lenses to minimize glare. The b uilding will be an attractive structure and the second story of the facility will provide additional screening. In summary, this land-use will 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, of cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness, electrical interference or other nuisances. No public address systems will be used. The grade transition will provide an excellent sound buffer of the auto service activities from the future townhomes to the west. Traffic trip generation from this typo of facilities would also be relatively low. Auto maintenance performed on site will t onmarry consist of rou fin a main ran an ca on vehicles that are purchased from the dealer and will be completed in dealer maintenance garage. and 911 maintenance activities will be conducted with overhead doors closed 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. M RYAN COMPANIES tJ,;, INC. !Jo South Tenth Simet, Suite,'W Minneapolis, MN 2012 5't2- 4J2 -.3JJJ fa. MAN 1.11.1.511111.`G.111111..1.1v1 The peanifled site use for those lots allows several operations that Gvould create a larger traffic demand than an auto dealership. The hours of operation would also he less than several of the uses permitted in the M I an d the associated SC (M) district. 3. 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 site is currently stubbed for sanitary and water service from County Road D, The existing storm sewer pond to the north has been sized to handle runoff from this site. The site plan provides adequate circulation for emergency vehicles, including fire truck routing. 7. The use would not create excessive additional costs for public facilities or services. The proposed development will not require any public improvements. Existing infrastructure will adequately serve the site, including recently constructed County Road D. All on-site improvements will be performed by the developer. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The site is presently mass graded avith no established turf. This project will propose landscaping meeting city ordinance that will help re-establish natural features into the development, 9. The use would cause minimal adverse environmental effects. Stormwater runoff will be routed to a detention pond that will provide water quality treatment, any fluids coliecled from automobile maintenance avould be properly disposed of IM Attachment 8 April 1 1. 2005 Tom F,kstrrnd Planning Department City of Maplewood 1830 fast County Road 13 Maplewood, iNIlxr 55109 RE: Conditional Use Permit and Site ,Plan Review for Automobile Related Uses on Lot 1, r r Dear Toni: The attached submittal is a re- submittal ofan earlier application submitted on Jan. 24, 2005 for Lots I and 2, Bloek 1, of the Trout Land plat. The earlier submittal was reviewed by City staff and went before Planning Commission and City Council in March 2005. During this review process, it became apparcnt that the City Council would generally support the proposed automobile - related uses on the Treat Land property. it also became clear that the City did not support the site plan that w; s presentee( at the time, and the Council was not comfortable issuing conditional use permits for the uses without a rekised sitepdan, Bloomer Pi opertics and Ryan Companies reviewed the original application and mach several revisions based on the feedback received from staff and from City officials. 'I lie differences between the two applications are itemized below: 'I fie Jan. 24, 2005 application proposed two deal orships. At the tune, Bloomer Ptopeitics intended to move used Car operation fron'i thClY existing Leads tacllity to the nce frout hand site, Jlip application dud not specify which of "two (or both) dealerships would be salting used cars. It also did not slacciiy which of the two dealerships would provide on- site vehicle service. We have revised our application to propose construction on Lot I only, with the exception of an access drive (within a proposed access easement), through Lot 2. The proposed construction would provide utitity snubs and two accesses to Lot 2 teaviug ,Lot 2 open for unspecified future development subject to standard MI zoning restrictions. 2. Bloomer properties has also reconsidered their change in operations at the existing facility, and is now proposing to relocate service operations from the existing Lexus dealership at the Trout Land sits, and leave the used car sales on the existing site. The 8 CAI 11ROJP(IyL[XUS- y1VLt"GOR CCkRCSPC% q P : ",[ ON _ _ _ IND 4 -11 tt -W L 19 April 13, 2005 P go " Itark4ng lot at the new Trout Land site will Lae used for employee p trkin , loaner cars, ncwhtsed car inventory, and for parking of vehicles waiting for service. No transports deliver vehicles to the Trout Land site. All deliveries by transpoil will be to the existutg site. Cars would be driven from the existing site to tltc new site. Bloomer Properties would agree to have this lister[ as a condition ohapproval. Service customers would drive to the existing dealership. Le.xus of ,M amewood employees would drive the customers' vehicles .across the highway to the new service. ccute.r. If needed, the oamloyoe mill return whir moaner vehicle for the customer. OffiC VISC, the ear Would sinapty he retrtrtred to the existing dealership when the service work was complete. 5. The original application proposed bvo simho -story buildings, flus design left the rooftop of the building partially in view from the adjacent future residences to the west, At the suggestion of staff, we have revised the proposed building plan to add a second story onto the west side of the building. The second story of the building will include parts/service offices and parts storage. An Upper parking lot is provided off of County Road D to serve the upper story farts deliveries are matte to the upper -story by single -axle trucks, The new site plan provides a hammer -head for these vehicles to turn around within the site before exiting. It is OUr understanding that the Trout Land plat has not yet been filed. f lie placement of the proposed building in the new location encroaches on the building setback from the tot hndbetween Lots 1 and 1 1n icsponsc, we would like to reclucst a re -plat. 'Phis action would increase the size of Lot I and would callow the proposed building to conform to the 50-foot interior building setback requirement. Please note that that new site plan has designed so that the auto service operations would provide the least impact on the Surrounding residential properties as possible, The ovencc,ad doors are Sail oriented north south and are at an elevation over twenty feet below County Road D. I he addition of the second story has also reducad the concern overscreeninc of dtc building rooftop. We have taken advantage of this fact by proposing landscaping that is more aesthetically pleasing than the previous conifer m'es'l5 -fleet on ccntvr. Wo have also supplcnrentcd our earlier submittal with a Utility Plan, Landscape Plan, Lighting Plait, as well as all (Vclaiteclural Fluor Plan and Building Elevations. W' . expect that these new plans, along with the rovisc Site Plan and Grading Plan, should provide the inftarntatiaua that Was lacking in our earlier submittal. R U4LP3f , I'I M S. U> N L%WOM COXRL COlINE ( (A :ON ,7 . 0' T I KS RA',D -4.0 - 20 April 13, 2005 Pa' =e 3) 'rheresult ofthc changes simtmarized above is a far more simplified application. Instead of requesting two conditional uses and two variances for each of the two lots, our application is now for a Site Plan Review, Conditional Use Perinit for Lot I only, and a Re -Plat of the Trout Land Site. The fees for these requests are summarized below: Conditional Use Permit: for the auto repair maintenance 510119.00 garage (Section 44 -512 (8)). Site Pion Review: 5702.00 Re -Plat 5391.00 Total $2,20100 The former application has requested eight total actions requiring a fee of S7r)04.00. 'We request the City to apply the fund previously submitted towards the three requests listed above. yVc also acknowledge the statement made by the Planning Commission and Council that they would require that they see this application again before staff issues a building permit. We are hopeful that the inclusion of these additional materials, and the request for a Site Plan review, Would eliminate the need to coine-back before the Planning Commission and City Comicil during that later stage of the project. Again, we appreciate yourpatience in working through this application with us over the past several months. Thank you also for talking the tune to meet with Jim Kcllison (current land owner), Steve Bloomer of Bloomet properties (potential land purchaser); and Ryan Companies (ge.ncral contractor) to discuss possible land use options for Troia Land site. If you have any questions about this application, please contact Briar? Teeters, Ryan Companies project manager at (612) 492-4397, or tie at (612) 492 - 4498. Sincerely, Lee Koppy, P.F.: Project Engineer 1 0VJL'PRO14IblI;X[IS M III ,ORRGSPO 1 1, AT:3N J I I I V If).M -KS 1RI'41. V.N)r.1 21 ry - ELI 7 /'� t� `li�j�, 61� m � 1 Fj2 s fllr —l. tll I m m - M' zu) Ryan Companies has proposed uo automobile related building ou the Trout Land property between Highway 6l and the new County Road [). The new County Road D project and related drainage systems were designed tn accommodate such ause. Since the firup|uo/nvicv, the applicant has revised the plans usi u two-story building design tucked into the hillside tx retain much 0Y the slope. The current plan isxu improvement 0n the original plan. Thi design has changed ourihvvorb requirements and reduced retaining wall construction Based on the applicant's latest submittal, there would be a two story building, however they have not proposed an upper level access to County Rd D Though, it makes sense to separate the different uses Vo County Road 1) this plan does do, however it also seems like a unique opportunity has been missed Clearly, to accomplish an upper access to County Road D, the site would need to be much higher than shown oil the current plan because of the large difference in elevation between County Road D and T O[. Although i1 has been reported that this site has »o excess Vf material, i\is likely that raising the site the extent that would bu necessary, would actually require u large amount nf fill at this point, as well as a large amount of retaining walls on the County Road D frontage The build and elevations in the current plan should provide a reasonable screen o{the proposed lower uu1m/om<iveuses from the proposed town hm/ney and existing single-family homes west u{ County Road I). Due b»alu1e-/e8W6Outtalof revised plans, staff bad a limited amount oftime tn review plans. The below comments are not 1nbe implied uaa final revi rather they are comments Vf� issues or concerns that should bc addressed prior 1orevising the plans for fina|submittal. It iu strongly recommended that the applicant and/or their engineer meet with city staff io review any revisions prior to submittal of revised plans. Comments: 'Ifioxuaster u grading permit Covering the entire Troutland site, and can conceivably continue grading the she, however they are curren approved to grade the site based on the grading plan submitted by Passe Engineering and Trout Land LLC Due tV the additional grading proposed for this site beyond what was planned by the master developer, the current applicant will be required to obtain an additional or revised grading permit. NOTE: Currently the grading on the west edge of this site, (east side of County Road D), has extended too far into the roadway embankment resulting in steeper than 3:1 slopes as shown oo the plans and a shortage F embankment material |osupport the County Read D east boulevard, The grading shall be corrected torestore the ):>slopes east of County Road D. Proper erosion control and seeding shall be utilized to protect these slopes. 2. Phasing of the site development, although implied (Lots 2 and 3 do not propose structures at this time) is not clear. There is a "Temporary" sedimentation basin on Lot 2, however there is no indication of how runoff will drain to or from the tamp. basin or how outflows will be managed to protect from erosion. Please describe the phasing and phased erosion control in more detail in the plans. I Retaining walls 4.0-feet high or higher require submittal of a certified engineered plan to the building department for a building permit. The location of the retaining wall at the SW corner does not seem compatible with adjacent property and cannot be constructed without encroaching into the adjacent property. Please address this situation in the revised plans. 4. The current proposal has considerably changed the layout and circulation of the site. The proposed transport circulation route previously proposed has been eliminated. The letter accompanying the CAJ.P, application, addressed to Torn Ekstrand and dated April 11,2005, states under item two (2) that there will be no transport deliveries. The application letter further states in item three (3) that an upper parking lot with a hammer-head would provide an area to turn around for single -axle truck deliveries to the upper story parts stora and offices. The plan shows no lot. Please verify that the parking lot and stalls as shown will provide the turning radius required for these trucks if deliveries are to be made via the single entrance. 5 'The city's plans for County Road D are complete and construction on the roadway has begun. Anv impacts to the drive entrance or median islands on Co. M D must be determined before construction begins. Based on the current nl, 'le drive entrance and medians will be revised on the city's plan to eliminate any access offofCounvy Road D. 6, The site will require permits from the watershed district, (RWMWD) and the MPCA. 7, As part of agreements and conditions of MnDOT's review and approval of the Improvements along T_11. 61, County Road D and the Trout Land Development, the City and Sparkle Auto have agreed with MnDOT that the Sparkle property will release their rights to access TH 61 when their current use / ownership of the property ceases to exist. A cross casement would exist either on, or across properties in the Trout Land Development unless other acceptable alternatives were provided across other properties. Granting of future cross easements shall be a condition of the Conditional Use Permit. -1 . lie storm water management of the Trout Land Development has been addressed with the regional drainage system and pond. NOTE: However, Pre-Treatment storm sewer structures shall be required for all sites draining into the city storm sewer system. The pre-treatment structures shall be designed and sized to remove trash and debris and 70% of suspended solids from the tributary area. A separate pre - treatment structure shall be installed for each Lot at a point where flow from that site enters the down M1 stream system- In the case of Lot 1, the pre-treatment structure Would be downstream of C B/M H 4, Nate: As part of the city's compliance with the EPA's phase 11 - NPDES Storm water requirements, it is anticipated that within the next few years, the city will address elicit discharge "hot- spots' ", with an ordinance that will require storm water pre-treatillent Structures at hot spots like automotive uses, filling stations, etc. that also provide fuel and oil separators and skimmers. A future ordinance will likely provide existing; properties a 5 -year grace period to meet compliance. There is little direction at this time, however the applicant is strongly encouraged to consider this future condition and either design for it now or design to accommodate for it in the future. The property owner shall enter into a maintenance agreement with the City of Maplewood to ensure the maintenance of the pre-treatment structure. Misc. Review Comments: Sheet C2 I. Handicap stall paint should be blue and white as per ADA standards. Show where the handicapped stalls will be located. The parking stall dimensions as shown should be revised to meet the minimum requirements — check with the Community Development department for the stall size options as well as the number of stalls required. Sheet C3 1. Provide structural and soils details for all proposed retaining walls over 4-feet tall. 2. Correct the storm sewer information to coincide with the plan. (For example, the information indicates both 24" and 36" pipes from STMII I to STMH 0 and there is no information shown for the short stubs west of STIME I and northwest of STMt14 2. Are there details of roof drain connections to 12" and 15" RCP as proposed?) 3. Provide for long-term sediment retrieval as described above, as well as short-term during construction. What types of inlet protection devices will be used and how wilt they be maintained? A second PVC standpipe, west out of STMIl 2 should be designed for the overflow from the temporary sedimentation basin on Lot 2 cast of the site access road. Sediment retrieval shall be aggressively pursued until after the site has completely revegetated. As the site permit holder, this process should continue as both Lots I and 2 develop. Sheet C4 I. The utility plan will need to be reviewed by the Saint Paul Regional Water Services for revisions such as the requirement of class 53 for 6" DIP, not class 52 as shown. 2. The sanitary sewer stub to Lot 3 is shown as 6" PVC. Is this as desired or should it be revised to an 8" main stub) The sanitary sewer plan should be constructed in accordance with local standards. Access to Maplewood's Engineering Standards, Specifications, Detail Plates (Sheet C6), etc. is available via our website at ww-w. ci. inaplewood.mmus M Attachment 11 Tom Ekstrand From: Hal Tetz1aff [htetzlaf@ties2.net] Sent: Tuesday, January 25, 2005 7:48 PM To: Tom Ekstrand Subject: Auto dealership development Tom 1 live at 1260 HIgaridge Court East. The following are my comments about the le �e.r tcu 3en to t in regard zo the develcoment propo3al dated is.11. 21, 75 Eon I_?Ic p-�pertv between highway 61 and the ntw Count% Rd D west o 61: i. feep the structures as close to H_'ghway 61 as possible because: a. that I's in keshi-q ait the oth _­ dealerships in this area, b. _'t keeos traffic and related noise and 1iahts, including the off- loading of now vehicles awav from the r&sidentlal area as -far as nossiblc. ocrose uiv_ this varianCe since there clearly is an al�er-ative and T think tils rarlicular building code exists to protect the residents, 3. I am s,r _here are good reasons for qrantiwq bulldArq code varianccs 5�sl there are no alternatives, but this tines not seem to be one of them. 4, Fioallv, T have a rajor concern about l pollution. For eximpLe, since so ma y --- '-aw veen removed due to the 1 4 ­- nt of Country Road D, the Spark- -sod Car for west of Highway 61 provide a bright beacon of Light a-- the wa✓ -o .owahouses .long Highridga Cour , I hope every effort will "e made to Have the -IiQnts Hal - -tziaff M Attdchrnent 12 From: EdTiola^de,[nnailto:etnpiaoder(cumimd$pring.cu'M] Sent. Friday, January I8/ To. Tom Ekstrand Subject. Fw: Auto Dealership --- Original I'viessmge-- Frwnm�Ed�Tfoilande[ /w: Sent: Friday, January 2&,28Q57:42Pki Subject: Auto Dealership Tom A couple of pVjotmshould be made tu the planning commission that are very important. 1.8wwinwmvos generate noise and even though 0'eyCakmroaasu,esthayoamnmtdormmcNubem|so|meno[*m. Auto repair shops are some mt the woostwlth their air operated equ(prnept.cafwash facilrties,movement of inventory and the continual delivery of cars via over the road trucks. I think the planning commission should turn down the request for mvariance. 3�|wrn also concerned about the lighting. They say that the lighting that will not interfere with the neighbors,but how much m[ the lighting will bV reflected bmokto the surrounding residential poopuchew?VVenQoudyhave problems witrt lighting reflecting Into our forne firom Klein Volvo and Crystal J. | notice that the pfan calls for planting 0ft trees to the west o[ the property line msustr*am.buwwuer because u( the elevation these Aft trees would be so low as to not effectively block the view of the properties, These trees must h*at least double what the developer 9mwVsmmin order todowhat they are supposed tmdo Thanks for your consideration and please—do not recommend a variance and do recommend better screening, EdTrwmodwr |25GFti0hidg*Ch. *51-494-3704 jam.28'2885 l�3 LC(05 27 Attachment 13 RITINOMMM Toni,• V,i,ent:c Director, Tax 'ie St 13uv Services, Inc. So�] Rlc" fie _d, M 55423 .,,, P-e: 612 -i9 --9?7Q- tcny.va"e-ro''hesrhuy.com F rom: Valonr T cnv Sent: Sund&y, January 34, 2005 1,:51 eM - 0: 'tom.ek6 5ubiect: Gninion in response to vour January 21, 2',C letter rec n C developmen proconal. - aut=ctive dealersnip an.a pre-owned car s lot north o Ven'--urg Tire on the west side of highway 6-' Hi 7om - this emai s in resconse to your jar. 2!, _ - tt - , re develc=er' Poorosal - automotive dea' and p .a car sales '-of north of Venb T on the west side cf highway 61. To put 4 - - b I f.e carci t he imnact hi -I' a nUrS � 1 M irV _ C 0 n c . n on a _ oroocS development would have on th qu, : ty o life for my fami__ and neighbors, particularly 4 n light o a mee.ring with Town & Country Tloo•a.S representatives on Monday, January 24, 2005. My family and I 1�ve an Duluth Street @ 2973 Duluth. I jndcrstcc; frot dlsc•ussions ,Y' rocresen of the City of Maplewood that county Road D was bring re routed in order to alleviate . _e congestion caused by the currer County Road D �unc'_ with h4g'�wav beinq so close to the j of 694 end highway 6 � then rne City want to encourage commercial developmert that would further contribute to congestion by having even more car dealershios along richway 61 than we have rodev? Furthermcre, I've noticed r•afflc `Ccrl r�.c Tovota deaiersh-p tnrougb our neighborhood which ocr'ne-6 Me terrLinty considering the invasion of out pri and the threat to - 're sa'a.ly of our children. More car dealershics alongs-'a'c our 1 1. hood wo-- neighr,or -a only increase the perential for more traffic thrcugn our. neighborhood. Couple this with the antic_ cro from Town & Co ntry Homes (discussed a' the January 24, 2005 meeting; to build condominiums in the �ar - - - the proposed, R3 zone that Cs between cu ne and deale-ships. "Condom_iniums", nor "town humus" an re�e-enc-ad in dour J anuary 21, 2035 letter. While Town & - ounrry Homes does appear to h•iLd a quality product (I've toured their models 'n the Heritage Square once ' --- ent 'lust to the west of Maolewood Mall), I'm concerned about their D-an to dropose a development o' 92 condos in. 6 culldings fanging from 12 to 2C dandos per building. That 'a not a town home developo%enL. I'm concerned about the in ghat $250,0 vorusos will have on t market values of the homes in our neighborhood that range from $_ M and up, Furchermcfe I'm concerned about the impact that having 2 car dealerships within 161 & 169 feet of these condos wiLl have on the market value of these condos. Requesting a variance from 350 foot to 167 & 169 test seems ridiculous to me - it's like asking toL a mile when you know they'd give you an inch. i'm concerned chat the City of Maplewood is entertaining develonmenr proposals that are coo big for this little parcel of land that has been opened up for aQvolopment by the re-routing of County Road D. The City owed, to look o4n for all of its residents izcludinn those in our neLghborhooa. 1 plan to be very active and vocal in this orocess feel we neea to be considering the significant impact these proposed developments could have on our family-oriented neighborhood and our financial well-being. Thanks for lisoenin7 Tom, Tony Valento Directon, Tay Best Puy Enterprise Services, !no. 7601 Penn Avenue South 07-352) 4 - t e di. , F 5 121 .hone: 612-291-9208 Well: 651-983-1814 Fax: 952-430-6392 cony.valcnoo@bestboy.com MW i need your opinion to help me prepare a recommendation to the planning commission and city councii. Please write your opinion and comments below and return this getter, and any attachments on which you have written comments, by January 31, 2005. &4 .... . y f'.. OFFICE OF . ....- o. 6311-249-23 1Y CITY 01� .. r 1810 Cou E 551 09 JAN ? 6 2005 January 21, 2 005 ---- -------- - ' ___ r council. please write your opinion and comments below and return this letter, and any 2ttachments on which you have written comments, by January 31, 2005. MAE OFFICE OF COMMUNITY DEVELOPMENT I 651 - 249-2300 FAX: 651 CITY OF MAPLE WOOD 1830 COUNTY ROAD 6 EAST MAPLEWOOD, MN 55109 31 i have no comments: WHEREAS, Brian Teeters, mf the Ryan Companies, applied for a conditional use permit fw/anauiwrnmbUe- repmirgaumge. WHEREAS, this permit applies tn property |woated between Highway 61 and the future County Road 0 Extension- The legal description is: 33 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 16, 2005 V. PUBLIC HEARING c. Trout Land Auto Dealerships (Highway 61 and New Country Road D) CUP (7:34 -8:23 P.M.) Mr. Ekstrand said Brian Teeters, of the Ryan Companies, is proposing to develop the northerly commercial lot of the Trout Land Development on the west side of Highway 61 south of Sparkle Auto. Previously Mr. Teeters submitted a proposal for this property along with the abutting lot to the south, to be developed with automotive uses by Lexus of Maplewood. During the previous review, the city council tabled action so the applicant could make revisions to their plans and to be more specific with their proposal since there were some uncertainties with the previous proposals. This current proposal sets aside the southerly site for future development and focuses on the northerly site only. The applicant is proposing the following for this property: Automotive repair. Parts storage and sales. Parking for employees and service customers, loaner cars and new /used car inventory. This site would not be for vehicle sales or vehicle delivery by large transports. Transport trucks would drop off cars at the existing Lexus of Maplewood dealership across Highway 61. Employees would drive cars from the current location across the street to be stored at the proposed site. Commissioner Trippler asked staff why the planning commission has received at least three different plans regarding how this site would look. Mr. Ekstrand said the three plans are similar but there are differences among them and said maybe the applicant could address this matter. Commissioner Trippler asked if the parking lot shown on the plan on page 11 was supposed to be removed? Mr. Ekstrand said after the applicant submitted the proposal they revised the plans eliminating the parking lot on the street side of the new County Road D. Mr. Ekstrand mistakenly included an older plan in the packet and apologized for the inconvenience. Commissioner Trippler asked what McMahon B was? Mr. Ekstrand said McMahon B is a lot that Sparkle Auto has been using for many years which is beyond Sparkle Auto's property lot line. When the plat for Trout Land was created, McMahon B was severed out of the property, which the Master Developer intended to be deeded to Sparkle Auto since they had been using the McMahon for so many years. Commissioner Trippler said he read something in a letter from a Maplewood resident that there was supposed to be a 350 -foot setback and he asked if that was correct? Planning Commission -2- Minutes of 05 -16 -05 Mr. Ekstrand said there isn't a 350 -foot setback required for this proposal. As part of the developers' agreement, the city council allowed a lesser setback for the auto facilities to the proposed town homes. However, the applicant has to meet a 350 -foot setback from the existing residential homes. Commissioner Trippler said while visiting the site around 2:00 p.m. this afternoon he happened to drive by Venburg Tire. He remembered when the planning commission heard the application regarding Venburg Tire the neighbors were concerned about the potential noise problems coming from the service doors. He specifically remembers the applicant stated the large service doors would remain closed at all times so noise wouldn't be an issue. He said six out of the nine service doors were either three - quarters of the way open or completely open and service was ongoing in all of the bays. There wasn't a lot of noise coming from the doors being open but the residents that sent letters of opposition for this development are concerned about the potential for noise as they were with Venburg Tire. The biggest difference is Lexus is proposing to 36 service bays. If the city is not enforcing the rule to keep the service doors closed at Venburg Tire how would the city ensure the service doors would be closed at the Lexus Dealership. Mr. Ekstrand said he would research the conditions of approval for Venburg Tire but he remembers the noise concern. The doors should remain closed and that condition should be enforced accordingly, however he would do some further checking. The Lexus dealership has proposed to have two service doors, one for entering and one for exiting. Because of this he does not see the same concern compared to the scenario for Venburg Tire who has nine service doors. Commissioner Trippler said on page 5, condition number 4., the applicant stated there wouldn't be large transports delivering vehicles or parts to this site and that they would be delivered to the existing site and employees would be driving the vehicles and parts over to the new site. But the way condition number four reads a resident could raise a legal issue with that condition because this could be misinterpreted. Chairperson Fischer said she read this to mean you can deliver cars or parts on the site as long as you are not blocking the roadway. Commissioner Trippler said somebody could read the condition that vehicle transport deliveries are prohibited unless the design can accommodate this and bring this to court. He understands the intent of the statement but wishes there was a way to state it clearer. Mr. Ekstrand said he thought it was clearly stated but he's happy to entertain suggestions. Staff and commissioners came to an agreement to insert the word and after the word property, remove the period and change the capital T in The into a lower case t. Commissioner Yarwood asked why the condition was added if the Lexus Dealership has already said they would unload vehicles across the street at their main location? Unloading vehicles can be noisy and being this close to residential he thinks the vehicles should continue to be unloaded at the current Lexus Dealership site. Planning Commission -3- Minutes of 05 -16 -05 Mr. Ekstrand said historically the problem has been that dealerships have said vehicles would be unloaded in their parking lot but then the transport trucks unload vehicles on the highway which takes up a driving lane and becomes hazardous. He wanted to give Lexus the opportunity to deliver cars and parts to the site if they were to provide adequate space on site. That would solve the problem the city encounters and helps Lexus with the function of their business. Commissioner Yarwood said his concern is the unloading of vehicles is done across the street at the current Lexus building and the possibility of allowing noise issues to occur at the vehicle maintenance area is a condition he doesn't feel necessary to add since it can be done across the street. Mr. Ekstrand said that may be fine with Lexus as well and they can address that when they have the opportunity to speak. Commissioner Desai said he is not so concerned about possible noise at the site. If vehicle unloading is allowed at the proposed site it would eliminate the problem of unloading on the highway causing traffic hazards. Commissioner Yarwood agreed the transport unloading on Highway 61 continues to be a problem. He is just concerned about the proposed town homes that would be so close to the proposed Lexus site and the possibility of noise the homeowners may have to contend with. Commissioner Desai said he understands CommissionerYarwood's issue but the people buying into those proposed town homes will be aware of the surrounding businesses when they buy one of those units, so for that reason he is not against the unloading of vehicles and parts on the new site. Commissioner Desai said he is still concerned about condition number 5, on page 5, regarding the cross easement on this site for Sparkle Auto. He asked if that issue would be brought back to the city to be resolved when the time comes? Mr. Ekstrand said the City Engineer, Jim Kellison of Kelco Properties, Ryan Companies, and Bloomer Properties have been working on the dedication of 12'/2 feet of easement across the northerly portion of the property off of the Lexus site. There would be a matching 12'/2 feet dedicated north of the abutting property and that is how cars would get from Sparkle Auto over to County Road D. There are also some grading issues to be worked out. Mr. Chris Cavett, Assistant City Engineer, addressed the commission. The city is trying to leave as many options open as possible and not shut the door completely on alternate access points. It's very likely that in the future MnDot will eliminate the right of way access onto Highway 61 to the Sparkle Auto property. As the other properties are developed the city will be looking at these access issues at that time. The reality is, there will probably be a better access point elsewhere but the city doesn't want to shut the door for another point of access. Commissioner Desai asked if Sparkle Auto was okay with this plan? Planning Commission -4- Minutes of 05 -16 -05 Mr. Cavett said MnDot has the ability to shut access points off at any time but because of the improvements along Highway 61 MnDot is trying to eliminate access points. Sparkle Auto is aware of discussions and this area could be part of a redevelopment some time in the future. More than likely changing access points would include other properties when redevelopment or new development occurs. Commissioner Desai asked if there was a difference in the width of the customer parking spaces verses employee parking spaces? Mr. Ekstrand said the parking spaces are not yet shown as different widths but staff wants to see those spaces properly marked on the site plan along with the properwidth. Lexus is also required to have enough handicapped parking spaces for customer and employee parking. Commissioner Desai asked how Lexus would move cars from one site to the other? If there would be any traffic concerns or if there had been a traffic study done? Mr. Cavett described the traffic pattern on the map showing how cars would exit the Lexus site with a right turn out only, enter into the new vehicle maintenance site and return back to the existing Lexus site. Commissioner Desai asked if the customers would know which way to drive in and out of the Lexus dealership? Commissioner Trippler said the staff report states customers would drive to the current Lexus dealership and an employee would drive the car across the street to the vehicle maintenance site eliminating the need for the customer to drive to the new vehicle maintenance site. Commissioner Trippler said on page 2 of the staff report, under Design plans, it states that the shared drive would serve a proposed multi- tenant retail /office building at the intersection of New County Road D and Highway 61 as well as the future automotive site south of the subject property. He asked staff if the planning commission has seen the proposed multi- tenant retail /office building plans yet? Mr. Ekstrand said the planning commission has not seen plans for this proposed multi- tenant retail /office building. It just came into the office and Shann Finwall from Community Development will be reviewing the proposal for the corner property. The Planning Commission would not review that proposal it would only go to the CDRB. It meets the M -1 zoning so it only has to go through the Community Design Review Board. Commissioner Desai asked originally there was a gas station /convenience mart proposed for that location? Mr. Ekstrand said that was the previous plan but now it is proposed for the multi- tenant retail office building. Chairperson Fischer asked the applicant to address the commission. Planning Commission -5- Minutes of 05 -16 -05 Mr. Lee Coppy, Project Engineer, Ryan Companies, 50 South Tenth Street, Suite 300, Minneapolis, addressed the commission. He thanked Tom Ekstrand and Chris Cavett for their reporting efforts on this proposal. They have gone through a number of changes for this proposal on this challenging site. Mr. Coppy said there may be additional parking spaces they want to keep at 9 -foot wide due to the amount of traffic and use. Having wider parking spaces also makes it easier to get in and out of the vehicles. Mr. Coppy displayed building elevations for the planning commission even though the Community Design Review Board would be reviewing the building design. Lexus is fine with the cross easement to the property but would like to seethe specifics spelled out. Commissioner Trippler said in reviewing the different plans he didn't notice any fencing around the site and asked if there were any plans for fencing on the property. Mr. Coppy said he knows some kind of fencing will be needed for screening along the north side of the property but as far as any security fencing, he is unaware of fencing requirements. Mr. Robert Katz, General Manager, Lexus of Maplewood, addressed the commission. He said currently Lexus of Maplewood doesn't have any fencing around the car lot. Lexus of Maplewood has been in this location for almost nine years and hasn't had any problems with safety of vehicles. Commissioner Desai said the neighbors are concerned about the lighting issue and he asked if the lighting on the site was going to face the north so the residents would not have issues with light overflow? Mr. Coppy said they are going to use a downcast light with a cutoff lense so there would be little to no light glare. On this particular project the lights are going to be at almost the same level as County Road D so the residents are going to be looking down onto the lights and this would have a very minimal effect on the residents. Ms. Mary McMahon, 1290 County Road D E, Maplewood resident, addressed the commission. She owns the property at the north end of this project and is curious about the cross easement for Sparkle Auto dealership because in order to have the cross easement they would need a small portion of her property. She asked when they could discuss the property acquisition for a proper cross easement? Mr. Ekstrand said he hasn't been involved in this area of discussion and recommended that question be answered by engineering. Mr. Cavett said this leaves some options open but if it is feasible some day that the McMahon property is developed, then they would work with a future developer. If acquiring a portion of Ms. McMahon's property would need to happen while Ms. McMahon is still the property owner that would be something that would be negotiated between her and the property owner. Chairperson Fischer closed the public hearing portion of the meeting. Planning Commission -6- Minutes of 05 -16 -05 Commissioner Ahlness was pleased to hear the applicant offer a resolution regarding the cross easement because he was uncomfortable with the city asking the applicant to provide the cross easement but without exact specifications. He believes the city owes the applicant specifics before this goes to the city council, no matter how the planning commission votes on this matter so that Lexus can finish the plans for their project. Chairperson Fischer asked if staff could explain if MnDot were to take away the access point for Sparkle Auto would MnDot have to compensate the property owner and would they have to provide another access point? Mr. Cavett said under the current scenario MnDot could not leave Sparkle Auto landlocked, they would have to maintain some kind of access. But as the city looks at redevelopment and public safety they want to eliminate access points and working with this development and future developments make sense combining access points. There is no clear cut answer but at this time there is not a clear cut proposal for the corner of that property either. Commissioner Ahlness said the city is requiring the applicant to provide the cross easement but not provide them the direction, location or width. It is very problematic for the applicant to come up with the final plan on how to develop the property without this information and he feels the city owes the applicant that information before this goes to the city council. Commissioner Trippler said it would be a good idea to have the cross easement in place but he does not think it is that large of a problem for the applicant. The applicant is showing 50 more parking places than what is required. If they need to eliminate 12'/2 feet from the northern parking lot that would take away four parking spaces and if Lexus needs to give access for the full 20 feet that may take away another four parking spaces. Commissioner Trippler moved to approve the revised Trout Land Final Plat revision showing the relocation of the lot line on the south side of Lot 1, Block 1, Trout Land. Approval is subject to: 1. The relocated lot line being at least five feet south of the proposed parking lot curb edge on the Lexus Service Center site. 2. The final plat shall be revised for staff's approval. 3. The original final plat conditions dated November 22, 2004. Commissioner Trippler moved to adopt the resolution approving a conditional use permit for an automobile service center on Lot 1, Block 1, Trout Land. Approval is based on the findings required by ordinance and subject to the following conditions: All construction shall follow the site plan that the city stamped May 3, 2005. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within on year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Planning Commission -7- Minutes of 05 -16 -05 4. Vehicle transport deliveries to this site are prohibited unless the site is designed to accommodate this activity entirely within the property and the unloading of vehicles on the street or highway right -of -way is prohibited. This condition also applies to the delivery of parts to this building. The applicant or current owner of this property shall dedicate a cross easement on or across this site for Sparkle Auto or provide an acceptable alternative across other properties. This cross easement, or any alternative, shall be subject to the city engineer's approval. 6. All building mounted and ground- mounted lights must be down -lit to prevent light spread beyond the site boundaries. Lighting fixtures must be designed so the lens and bulbs are not visible from any surrounding homes. Commissioner Pearson seconded. Ayes — Ahlness, Desai, Fischer, Kaczrowski, Pearson, Trippler, Nay - Yarwood The motion passed. This item goes to the city council on June 13, 2005. Mr. Yarwood voted nay was because of the condition allowing the unloading of vehicles on the property in close proximity to the residential area and he is concerned for the potential noise for the residents. Commissioner Ahlness stressed again his concern for the city to give the applicant specific details regarding the cross easement before going to the city council. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 24, 2005 VI. DESIGN REVIEW a. Lexus Auto Service Center, Northwest Corner of County Road D and Highway 61 Ms. Finwall said the Ryan Companies, on behalf of Bloomer Properties, is proposing to develop the northerly commercial lot of the Trout Land Development south of Sparkle Auto with an auto - service center for Lexus of Maplewood. In the staff report it states areas in the building design that should be improved. At the May 16, 2005, planning commission meeting, Mr. Lee Coppy, of Ryan Companies, presented revised building elevations for the proposed building. The primary changes are that windows and a door were added to the west elevation. Additional EIFS is shown on the north, south and east elevations as well as the extension of the first -story roof fascia on the north and south sides. The original elevations and revisions have been included in the staff report for comparison. Staff feels the new changes are certainly improvements. Staff is still of the opinion, however, that more should be done to enhance the building on the westerly elevation for compatibility with the future townhomes across New County Road D and the remaining three elevations as well. Staff's recommendation is that the new architectural design is certainly an improvement, but more work should be done to further enhance all elevations of the building. Staff still recommends additional architectural detailing and non -block materials to break up the rather large facades of concrete block. This building is in a highly visible location and staff feels that attractive design and materials are imperative. For these reasons staff recommends that the applicant submit further revisions for approval by the community design review board. Board member Olson asked which landscaping plan the board should review. Ms. Finwall said the board should review the landscaping plan in the 8' /2 X 11 plans date - stamped April 11, 2005. Chairperson Longrie asked the applicant to address the board. Brian Teeters, Ryan Companies, 50 South Tenth St., Suite 300, Minneapolis, addressed the board. Mr. Teeters gave revised building elevations to city staff and to each of the board members during the May 24, 2005, CDRB meeting. He displayed a color and materials sample board to refer to. Board member Olson asked if the lower level windows were decorative or functional? Mr. Teeters said the windows would be glass block and would allow natural light in but would not be functional windows. Community Design Review Board 2 Minutes 5 -24 -2005 Board member Shankar asked if there were two colors of EIFS material? Mr. Teeters said there is one color of EIFS, unfortunately the colored maps don't represent the coloring correctly and he apologized for that. The EIFS material is the same color as the existing EIFS product on the Lexus of Maplewood building. Board member Ledvina said his concern is because of the grading the roof of the building will be visible and he is concerned about the visibility of the rooftop units from the street. Mr. Teeters said they are going to try to minimize the equipment on the rooftop and screen it with the existing parapet and would be working with city staff to make sure that is done properly. Board member Ledvina said he is also concerned about stacks and vents being visible on the rooftop as well. Mr. Teeters said they would try to screen anything visible on the rooftop as much as possible. Board member Ledvina asked if it would be possible to manifold those together into one? Mr. Teeters said depending on the location it may be possible but there is no guarantee. Board member Ledvina said the ABRA auto body building on Rice Street sits lower as this building will be and the rooftop units and venting are visible and unsightly. Mr. Teeters said because that is an auto body painting facility there are many unsightly vents and piping on the rooftop that is necessary for that type of business. Lexus will not be painting cars in this facility. Chairperson Longrie asked if they had any building material samples to show the board? Mr. Teeters said no but they did bring a color sample board. He said many of the building exterior features would be the same as the current Lexus building that the board approved. Chairperson Longrie said she is trying to get a feel for what the building exterior would look like and what the actual colors would be. Mr. Teeters said Lexus has required building standards that they are following. Board member Olson asked if Lexus would have signs on both sides of the building? Mr. Teeters said yes if they can remain under the allowable sign square footage allowed by the city. They are not sure of the exact location of the signs but they could work with city staff on that. Board member Ledvina asked if they proposed to use pylon or freestanding signs? Mr. Teeters said not for this project. Community Design Review Board 3 Minutes 5 -24 -2005 Board member Ledvina asked if it would be confusing to the Lexus customers having two buildings so close to each other and not knowing which building to go for service? Mr. Teeters said the signage would direct customers to the existing Lexus building. There would be no customer parking at the new facility. Board member Ledvina asked if there was even a need to have signage on the proposed Lexus building? Mr. Teeters said they want signage on the Lexus building and it's also good advertising. Robert Katz, General Manager, Lexus of Maplewood, addressed the board. Regarding signage, this is not a public facility for customers to visit the building. There would be parts brought to this site and it's possible somebody would go to the building to pick up a part. Otherwise, the parts and vehicles are to go to the existing Lexus building and the employees would drive the vehicles and parts to the new site. Board member Shankar asked if the new building would be more of a vehicle maintenance building? Mr. Teeters said the building will serve basically as a service operation. Board member Shankar asked what the hours of operation would be? Mr. Katz said their current service hours are until 9:00 p.m. and he doesn't anticipate the hours changing at the new facility. Board member Shankar asked if there would be administrative offices on the upper level and what time the lights would shut off? Mr. Katz said the upper level is for offices and those people typically leave about 5:00 p.m., the lower level windows would have light showing through the glass block windows. Board member Ledvina asked what type of materials would be used for the rooftop screening and how high the parapet wall would be? Mr. Teeters said they would use some type of metal material or similar building material for the four foot parapet wall. But they would make sure it looks attractive. Board member Shankar asked what color window frame they propose to use? Mr. Teeters said they would use an anodized aluminum frame? Board member Shankar asked if they would propose matching the window frames with the existing Lexus building? Mr. Teeters said more than likely they would match the window frames on the existing Lexus building. Community Design Review Board 4 Minutes 5 -24 -2005 Board member Olson asked if the south elevation was the main entrance to the building? Mr. Teeters said the entrance to the building is on the east. Chairperson Longrie asked if they could discuss the landscape plan. Peter McEnery, Landscape Architect, Ryan Companies, 50 South Tenth St., Suite 300, Minneapolis, addressed the board. He said they are trying to enhance the building with landscaping to give it more of a residential feel and soften the edges of the building exterior. Chairperson Longrie said staff has recommended the need for additional landscaping and trees and she asked how they plan to address that recommendation? Mr. Teeters said they would work with staff regarding where they would like the additional landscaping on the site for the better of the community. Board member Shankar asked who would be using the parking lot? Mr. Katz said the parking lot would be used to park and store loaner vehicles that Lexus customers would use while their vehicle is being serviced. They would also use the parking lot for vehicle overflow from the main Lexus building and the employees would use the parking lot. There is very little customer parking since this is really not a public facility. Chairperson Longrie asked what outlot B was going to be used for in the future? Mr. Teeters said outlot B is owned by Sparkle Auto and is not part of the Lexus property. Board member Olson asked if expanding the parking stall size and the width of the drive aisles was going to affect their parking lot calculations? Mr. Teeters said that should not be an issue. Board member Shankar asked if there was a large enough radius for garbage trucks or service trucks to get in and out of the facility? Mr. Teeters said there is a large enough turning radius for the garbage trucks. At this time they don't plan to have transport trucks coming to this site, however, should that change in the future, they would ensure the parking lot would be able to handle the turning radius and space that is needed. Chairperson Longrie is concerned about the landscaping for the south elevation. She wondered how the landscaping would affect the parcel shown as future automotive use and how the city would ensure that the landscaping is enhanced because the parcel would be looking at the back of the building. Mr. Teeters said they are in control of the future automotive use parcel and they would make sure that the landscaping would look as aesthetically pleasing as possible for the surrounding area. Community Design Review Board 5 Minutes 5 -24 -2005 Chairperson Longrie asked what guarantee the city has that the landscaping would take place? Mr. Teeters said the future tenant would have a say regarding what type of building they would like to put on that parcel but they would also have to come before the planning commission and community design review board just as they did to get this proposal approved. Chairperson Longrie asked how the city could go back and request additional landscaping in the future if parcels south of this development were developed? Mr. Teeters said there is not a lot of room between the two lots to plant additional landscaping but they would maximize the landscaping possible along that south elevation. Chairperson Longrie asked if they wanted to discuss the lighting plan for the parking lot? Mr. Teeters said they are not at that point yet but they could work with city staff regarding the lighting standards for Maplewood to ensure they are using acceptable lighting. Mr. Katz said because this is close to residential they have planned to use a down cast light so the light does not cause light pollution into the residential areas. Mr. Teeters said one of the benefits of this site is that it is built lower into the ground so that residents across the street wouldn't have light overflow and would be covered by much of the building design. Board member Olson asked if they were proposing to have a retaining wall along outlot B because of the grading on the site? Mr. Teeters said yes. Board member Olson asked what type of product they proposed to use? Mr. Teeters said it would be a keystone block similar to the earth tone color on the building. Chairperson Longrie said looking at the variety of trees it appears there are only four conifers in relation to the deciduous or ornamental trees. She asked if they planned on increasing one variety of trees over another type of tree? Mr. McEnery said they were looking to add more trees along the street similar to other trees along the streets even though each street could have a different tree species on it. When he does a landscape plan he likes to mix a different variety of trees together in case a disease wipes out the trees such as Dutch elm disease so you don't loose all the trees on the site. Chairperson Longrie said she prefers a mixture of trees on the site. Board member Ledvina likes the changes that have been proposed by the applicant and he thinks the additional detail for the building elevations are a nice improvement. Community Design Review Board 6 Minutes 5 -24 -2005 Board member Olson thinks the staff and the applicant have brought more interest to this structure and this is a nice improvement. Regarding the rooftop units, if the venting and rooftop equipment were the same color this would help screen the equipment as well. Board member Shankar said the applicant said the parapet wall is going to be four -foot high and he asked if it would be acceptable to recommend in the conditions that if there any vents that exceed the height of the parapet that they be set back 30 feet from the eastern fagade of the building. Chairperson Longrie said she knows the applicant is going to get a site line study done which would achieve what the board is concerned about regarding what rooftop equipment would be visible. Board member Shankar said are we concerned about the cars driving down Highway 61 and seeing the rooftop equipment or the residential homes looking at the rooftop equipment? Board member Ledvina believes the applicant can work with staff regarding the details for approval with screening the rooftop equipment. Chairperson Longrie likes the additional windows, the glass block windows on the lower level, the residential look of the building, and thinks the need for landscaping should be addressed on the south. Once the new development is done the city can't go back and ask the applicant to increase the landscaping. If the landscaping issue is addressed now then the board doesn't need to be concerned about how the vacant parcel will be affected by the landscaping. The retaining wall block bordering outlot B should match the color of the building and complement the building. When the lighting plan and parking lot revisions are complete she would like the applicant to come back before the CDRB for approval. Screening the rooftop equipment is very important whether it is from Highway 61 or from the residential area. Board member Ledvina moved to approve the plans date - stamped May 3, 2005, and the buildina elevations submitted at the Mav 24. 2005. communitv desian review board meetina for the Lexus Service Center south of Sparkle Auto on the Trout Land development property. Approval is subject to the following conditions: (changes to the conditions are underlined and deletions are stricken.) Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all requirements of the city engineer. 3. Before getting a building permit, the applicant shall: a. Dedicate a cross easement on or across this site for Sparkle Auto or provide an acceptable alternative across other properties. This cross easement, or any alternative, shall be subject to the city engineer's approval. b. Provide evidence that cross easements have been granted between all effected property owners for the shared access driveway to the County road D extension. Community Design Review Board 7 Minutes 5 -24 -2005 C. Meet all requirements of the assistant city engineer's report dated May 6, 2005. d. Revise the site plan for staff approval providing: A five -foot pavement setback from the south lot line. A 20 -foot parking lot setback from the northerly lot line where the site abuts residential property. Customer and employee parking spaces that measure at least nine feet wide and drive aisles that measure at least 24 feet wide. These dimensions may be less for inventory parking, but drive aisles must be at least 20 feet wide. There must also be enough handicap - accessible parking spaces provided to meet ADA requirements for customers and employees. The number and placement of these spaces shall be determined by staff. The location and design of a screening enclosure for trash and recyclable materials, unless such containers are to be kept inside. Trash enclosures must be compatible with the building in materials and design and must have a 100 percent opaque closeable gate. e. Revise the landscaping plan for staff approval providing for: More plantings along the north lot line adjacent to the single dwelling property to the north. Code requires a six - foot -tall and 80 percent opaque screen here to buffer the parking lot from this neighbor. Additional trees along the highway frontage for a tree spacing of 30 feet on center rather than the 50 -foot spacing proposed. Three additional trees along the County Road D frontage to create a fuller tree line. These trees are shown at 30 feet on center. A tighter planting row will help to buffer the site from the future town homes to the west. The applicant shall work with staff to enhance the landscaping located on the south side of the building to ensure an attractive landscape design for future developments located to the south of the site. f. Provide engineered plans for any retaining walls that exceed four feet in height. Any walls over four feet in height must also have a fence on top. g. Revise the architectural plans to show the window frames on the building match the existina window frames on the Lexus Automobile Dealership buildina located • • [Me Mn . . • • • - • Frimmmome •• Community Design Review Board 8 Minutes 5 -24 -2005 h. Have a recorded plat so the subject lot is a legally buildable site. i. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. j. Submit detail plans for screening the rooftop mechanical units for staff approval. The plan must attempt to reduce negative visual impacts caused by the units to the residential property owners located to the west. This can be accomplished by combining the mechanical units or vents, installing the units toward the center of the roof, etc. 4. Obtain the required permit from the Ramsey/Washington Metro Watershed District. 5. Comply with all requirements of the Maplewood Building Official and Fire Marshal. 6. Install lawn irrigation as required by code. 7. Comply with the city's lighting ordinance. 8. Install a stop sign at the driveway intersection at County Road D. 9. Construct the shared - access driveway with pavement and curbing. Escrow may be accepted in lieu of full completion in consideration of curb cuts that will be needed for the two southerly sites. 10. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. 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. 11. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. 12. The lighting plan is not included in this approval. A new lighting plan must be submitted for review by the community design review board for approval. The plan must ensure no negative lighting impacts to the residential properties located to the west by such means as reducing the light pole heights, reducing the number of lights, using a downcast light fixture, etc. Chairperson Longrie added a friendly amendment that the parking lot revisions and the lighting plan come back to the CDRB for approval. Board member Ledvina recommended that be a separate recommendation. Community Design Review Board 9 Minutes 5 -24 -2005 Ms. Finwall said Mr. Teeters submitted a lighting plan which was included in the large maps on page C5 which reflects 5 freestanding lights and 5 wallpack lights. However, Mr. Ekstrand did not mention that in the staff report. Mr. Teeters said they have not determined the final plan yet and he asked if they could work with city staff on the final plan. Ms. Finwall said the freestanding lights are 25 feet high with a base of three feet making the lights 28 -feet high. City code allows the height of a freestanding light to be 25 -feet high so the light pole height needs to be reduced. Staff feels confident that the applicant could work with city staff to finalize the plan. Chairperson Longrie said the board wants the applicant to come back to have the parking lot and lighting plan revisions reviewed for approval. Board member Shankar recommended the applicant match the lighting for this proposed location with the lighting at the current Lexus building. He would be agreeable to the applicant working with city staff on the approval of the lighting plan. Board member Ledvina and board member Olson agreed that the lighting plan could be worked out with city staff but since the parking lot revisions have to come back before the board he is okay with that decision. Board member Olson seconded Ayes — Ledvina, Longrie, Olson, Shankar The motion passed. This item goes to the city council on June 13, 2005. Agenda Item K2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Street Easement Vacation and Conditional Use Permit Review PROJECT: Rolling Hills Manufactured Home Park LOCATION: Mary Lake Road, west of Century Avenue DATE: June 7. 2005 INTRODUCTION Mr. Richard Pearson, the owner of the Rolling Hills Manufactured Home Park, is proposing that the city vacate an existing street easement. This easement is for Mary Lake Road and crosses the Rolling Hills property from Century Avenue to the west property line. (Please see the maps on pages four through six.) In addition, the conditional use permit (CUP) for this project is due for review. The CUP is for the first and second additions of the Rolling Hills Manufactured Home Park. The city code requires CUPS for manufactured home parks. BACKGROUND On October 25, 1982, the city approved a conditional use permit (CUP) for the Rolling Hills First Addition Manufactured Home Park. This is the southern part of the manufactured home park. On May 11, 1987, the city approved a CUP for the Rolling Hills Second Addition Manufactured Home Park. This approval was for the northern part of the development. On October 15, 1987, the city council reviewed the CUP for Rolling Hills First Addition and scheduled review again in five years. On June 11, 1990, the city council reviewed the CUP for the Second Addition and scheduled review again in five years. On October 26, 1992, the city council reviewed the CUPS for both additions and scheduled review again in five years. On October 13, 1997, the city council reviewed the CUPS for both additions and scheduled review again in five years. On October 14, 2002, the city council reviewed the CUP for both additions and scheduled review again in one year. DISCUSSION Street Easement Vacation The city acquired the road in easement in 1965 to build a new street west of Century Avenue. Maplewood, however, never built the street. Mr. Pearson developed the manufactured home park in the 1980s and recently discovered that the city still held the rights to the road easement. Mr. Pearson is requesting the vacation because the city has no need for the existing street. The city and the adjacent property owners have no plans to build a street in this location. Maplewood has no plans to develop or use the existing easement for a street and the city does not need it for any utilities. However, the engineering department noted that the city needs a legal way to access the city - owned property (including Jim's Prairie) to the west of the manufactured home park. In trade for the city vacating the existing easement, city staff is requesting that the property owner grant to the city an access agreement over the property to allow the city access to the property to the west. The applicants are proposing to grant the city an easement for ingress and egress purposes over what is now Ryan Drive between Century Avenue and the west property line of the site. This proposed easement should be adequate for the city's needs. Conditional Use Permit Review Rolling Hills has been completed and in operation for many years. The park is managed and maintained very well and there have been no complaints associated with the park. However, upon recent inspection, I noticed some construction materials and miscellaneous items located outside of the metal storage building on the northwest corner of the park. One of the conditions of approval for Rolling Hills Manufactured Home Park prohibits exterior storage of equipment (see attached minutes starting on page 9.) On May 26, 2005, 1 spoke to Richard Pearson, the owner and operator of Rolling Hills Manufactured Home Park. He informed me that four new manufactured homeowners are moving into the park. The construction materials, consisting of aluminum siding and concrete stair blocks, are for the new manufactured homes. These materials are being stored outside of the metal pole building on a temporary basis. Mr. Pearson also agreed to clean up the exterior of the storage building and relocate any additional materials inside the storage building. COMMISSION ACTION On May 16, 2005, the planning commission recommended approval of the proposed vacation. RECOMMENDATIONS A. Approve the resolution on page seven. This resolution is for the vacation of the unused Mary Lake Road street easement that is west of Century Avenue. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The city and the property owners do not need or use the existing parcels for street purposes. 3. The two properties adjacent to the parcels have adequate street access. This vacation is subject to the property owner granting to the city an access easement over part of the property to allow the city ingress and egress between Century Avenue and the city -owned property to the west of Rolling Hills. W B. Review the conditional use permit for the first and second additions of the Rolling Hills Manufactured Home Park again in five years or sooner if a problem arises or if the owner proposes a major change to the park. REFERENCE Application Date The city received the complete application and plans for the proposed vacation on April 21, 2005. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by June 20, 2005. Vacations For vacations, Chapter 412.851 of Minnesota State law states that "No such vacation shall be made unless it appears in the interest of the public to do so..." Conditional Use Permit Duration Section 44-11 00(a) states that all CUPS shall be reviewed by the council within one year of the date of the initial approval, unless such review is waived by the council decision or ordinance. At the one - year review, the council may specify an indefinite term or specific term not to exceed five (5) years. P: \sec24 -29 \mary Lake ROW vacation CUP rev - 2005 Attachments: 1. Location Map 2. Area Map 3. Site Survey 4. May 11, 1987 City Council Minutes 5. Vacation Resolution 191 Attachment I Friary j r�V I tY--A' I-- -E -LW 4- )()LRHIN D N A N < — — phi - C) Lid Q C to < M N A N Attachment 2 Priory 2593 5 2534 2564' 2584 2544 4 2554 1478 cx lase ; j 0 M -RvAg OR uj , L -j w j- PR„ anSED VACATION > < Jim J ahe &�LA ( cc Ulj � Ol - 3 uj I L) OAK I -C T- uj I Ifi g=O A N 7 � E 25 75 LL M If'KP Y IV IVY AV 5 1i x I NO fgggg tt LM I GA G Y w " 7L "Cal K'q _ PROPOSED VAC A'nON 7 71 M I rAj M I Attachment 4 Approval is subject to the following conditions: 1. Compliance with state requirements. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc, 3. Loch lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 4. Each lot shall be allowed to have children's play equipment, unless the developer provides a tot lot adjacent to the community building, 5. Each lot shall be allowed a deck and carport, provided that either structure shall not be closer than ten feet to any adjacent dwelling. Carports dviU not be closer titan six feet to a private street and shall not have walls. On lots along Century Avenue, sheds shall not be closer than thirty-seven feet to the right-of-way. 6, All mobile homes must be new, skirted and tied down, Skirting shall extend from the frame of the chassis to the ground, Skirt- ing must be painted to complement the mobile home. 7. All tie-eowns and foundations must meet the state buildinp, code. S. The sign regulations for the R-3 district shall apply. 9. The following minimum setbacks shall apply for dwellings: a. Twenty feet to a private street. b. Forty-seven feet to the Century Avenue right-of-way, C. Five Toot side yard setback on the side opposite the entry. d. Twenty foot side yard setback on the entry side. C. ScvCnLy feet to a railroad track. 10, Sales of -nobile homes shall be limited to those owned by park residents and those sold by the park owner ior placement in the park. 11. The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys shall be made available to all residents in a manner to be approved by the Director of Emergency Services. 12. The City shall not be responsible for maintaining any of the internal improvements. 13. Water lines shall be flushed at least once a year. 14. pa shall only be permitted on site side of each street. No potting shall be permitted closer than thirty feet to any intersection. 15. Adherence to the approved site plan and related conditions. Any significant change must be approved by the Community Design Review Board. Minor changes may br. approved by Staff. Seconded by Councilmembei Anderson, Ayes - all. Attachment 5 VACATION RESOLUTION WHEREAS, Mr. Richard N. Pearson and Ms. Jean M. Pearson, the adjacent property owners, applied to the city for the vacation of the following: The 80- foot -wide Mary Lake Road street that is west of Century Avenue and that is under the Rolling Hills Manufactured Home Community described as follows: The 80- foot -wide street described in document number 1664801 that is west of the west right -of -way line of Century Avenue as follows: Parcel No. 1 The North forty (40) feet of the Northeast Quarter (NE' /) of the Southeast Quarter (SE '/) of Section 24, T. 29, R. 22, according to the United States Government Survey thereof on file and of record in the office of the Register of Deeds in and for said Ramsey County. Parcel No. 2 The South forty (40) feet of all that part of the Southeast Quarter (SE '/) of the Northeast Quarter (NE' /) of Section 24, T. 29, R. 22, lying South of a line drawn from the Southwesterly corner of said Southeast Quarter (SE '/) of said Northeast Quarter (NE '/) extending thence Northeasterly in a direct line to a point which is the intersection of the Southerly line of the right of way of the Chicago, St. Paul, Minneapolis and Omaha Railway with the Westerly line of the highway running along the East side of said Quarter Section, containing 13.25 acres, more or less according to the United States Government Survey thereof on file and of record in the office of the Register of Deeds in and for said Ramsey County. All in Maplewood, Ramsey County, in Section 24, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On May 16, 2005, the planning commission held a public hearing about this proposed vacation. 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 vacation. 2. On June 13, 2005, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the city approves this vacation, the public fee interest in the property will go to the following described properties: The Northeast Quarter (NE '/) of the Southeast Quarter (SE '/) of Section 24, Township 29, Range 22, according to the United States Government Survey thereof on file and of record in the Ramsey County Recorders Office (PIN 24- 29- 22 -41- 0002). 1.1 That part of the Southeast Quarter (SE '/) of the Northeast Quarter (NE '/) of Section 24, Township 29, Range 22, lying South of a line drawn from the Southwesterly corner of said Southeast Quarter (SE '/) of said Northeast Quarter (NE '/) extending thence Northeasterly in a direct line to a point which is the intersection of the Southerly line of the right of way of the Chicago, St. Paul, Minneapolis and Omaha Railway with the Westerly line of the highway running along the East side of said Quarter Section, according to the United States Government Survey thereof on file and of record in the Ramsey County Recorders Office. (PIN 24- 29- 22 -14- 0003). 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 city and the property owners do not need or use the existing Parcel No. 1 or Parcel No. 2 for street purposes. The two properties adjacent to Parcel No. 1 and Parcel No. 2 have adequate street access. This vacation is subject to the property owner granting to the city an access easement over part of the property to allow the city ingress and egress between Century Avenue and the city -owned property to the west of Rolling Hills. The Maplewood City Council adopted this resolution on June , 2005. w] Q:L1; I I MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 16, 2005 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:03 p.m. II. ROLL CALL Commissioner Eric Ahlness Present Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Absent Chairperson Lorraine Fischer Present Commissioner Michael Grover Absent Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Tom Ekstrand. Senior Planner Ken Roberts Planner Chris Cavett Assistant City Engineer Lisa Kroll Recording Secretary V. PUBLIC HEARING a. Roadway Easement Vacation (Marylake Rd — west of Century Avenue) (7:06 -7:16 p.m.) Mr. Roberts said Mr. Richard Pearson, the owner of Rolling Hills Manufactured Home Community, is proposing that the city vacate an existing street easement. This easement is for Mary Lake Road and crosses the Rolling Hills property from Century Avenue to the west property line. The city acquired the road in easement in 1965 to build a new street west of Century Avenue. Maplewood, however, never built the street. Mr. Pearson developed the manufactured home park in the 1980's and recently discovered that the city still held the rights to the road easement. Mr. Pearson is requesting the vacation because the city has no need for the existing street. The city and the adjacent property owners have no plans to build a street in this location. Maplewood has no plans to develop or use the existing easement for a street and the city does not need it for any utilities. However, the engineering department noted that the city needs a legal way to access the city - owned property (including Jim's Prairie) to the west of the manufactured home park. In trade for the city vacating the existing easement, city staff is requesting that the property owner grant to the city an access agreement over the property to allow the city access to the property to the west. Commissioner Trippler asked if the owner had indicated a willingness to grant the city the access they are seeking? IM Planning Commission -2- Minutes of 05 -16 -05 Mr. Roberts said he hasn't heard otherwise from Mr. Richard Pearson but that would be a good question for his attorney, Mr. Gabriel. Commissioner Yarwood asked what was meant by access to the west, given these are dead end streets through this property. Mr. Roberts said the intent is to allow the city to drive city vehicles onto these privately owned streets to get to the property to the west which may involve driving across the grass or landscaped areas. Staff doesn't anticipate this happening very often but it gives the city written permission if need be. Chairperson Fischer asked the applicant to address the commission. Mr. Richard Gabriel, Attorney for Richard Pearson, the applicant, addressed the commission. Regarding the access to the property, it was Richard Pearson's understanding when he developed the park in the 1980's that Ryan Drive (which is the street to the north of this parcel to be vacated) was to be used for access purposes. Two additional inches of base were added onto Ryan Drive because it was expected that city or maintenance vehicles may have to access Jim's Prairie. Mr. Pearson is willing to grant the city an access easement over Ryan Drive which has access off of Century Avenue and onto Jim's Prairie. However, Mr. Richard Pearson told Mr. Gabriel he wasn't aware of a single time the city needed to access the property since the manufactured home park was developed. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item. Nobody came forward. Chairperson Fischer closed the public hearing portion of the meeting. Before making a motion, Commissioner Gary Pearson said he is not related to Richard Pearson nor does he have any ownership in the Rolling Hills mobile home park. He also said the last time there was a controlled burn on the city property access was granted by using the railroad tracks. Commissioner Pearson moved to approve the resolution on page six of the staff report. This resolution is for the vacation of the unused Mary Lake Road street easement that is west of Century Avenue. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The city and the property owner do not need or use the existing easement for street purposes. 3. The two properties adjacent to the easement have adequate street access. This vacation is subject to the property owner granting to the city an access agreement over the property to allow the city to have access to the city property to the west. Commissioner Trippler seconded. Ayes — Ahlness, Desai, Fischer, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. 11 Planning Commission -3- Minutes of 05 -16 -05 This item goes to the city council on June 13, 2005. IN Agenda Item K3 AGENDA REPORT DATE: May 21, 2005 TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director SUBJECT: Classification Consultant Budget Request Over the past several years we have had a number of requests for reclassification of positions in the clerical series. Usually the request comes from employees requesting that their position be evaluated and a new classification be created for them due to changes in their job. I have conducted classification studies for many City positions since I began working here due to my background in classification and compensation from my prior employment. Most of the studies have been for classifications with one to four incumbents. However, in this case we have 28 positions in 6 classes that all would have to be compared and contrasted with each other. We do not have the staffing in Human Resources to complete such a large project internally. Therefore - with your approval - I requested proposals from four classification consulting firms. I reviewed the proposals with four guidelines in mind: process, classification experience with clerical positions, knowledge and experience with Minnesota suburban cities and, of course, cost. This project was not anticipated when the 2005 budget was prepared. Therefore I am requesting up to $5000 from the City reserves to pay for the cost of the consultant to perform the work. Agenda Item K4 AGENDA REPORT DATE: May 18, 2005 TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director SUBJECT: Proposed Settlements — IAFF Local A -22 Dispatchers I have attached the proposed 2005 -2006 negotiated labor agreements between the City and IAFF Local A -22 representing the Public Safety Dispatchers. This settlement is in the process of being ratified by their membership. Approval of this settlement by the City Council is recommended. CITY OF MAPLEWOOD AND IAFF LOCAL A -22 - DISPATCHERS CONTRACT NEGOTIATIONS TENTATIVE SETTLEMENT June 1, 2005 Wages and Duration: Two year contract for 2005 -2006; General wage increase of 2% for 2005 and 3% for 2006 with the provision that if the City receives the previously withheld Homestead Value Credit from the State for 2005, the wage adjustment will increase to 3% retroactive to January 1, 2005. If the City does not receive this aid, the wage adjustment for 2005 will remain at 2% and the wage adjustment for 2006 will change to 2% on January 1, 2006 and an additional 2% on July 1, 2006. The two percent increase for 1 -1 -05 will be retroactive. 2. Shift Bidding: We added a requirement to rebid shifts if an employee terminates and there is more than 90 days before the normal bid time. We also added language requiring timely bidding of shifts and consequences for not bidding within 24 hours of notification. (Employee moves to bottom of the list.) 3. Timely Vacation Bidding: We added similar language on bidding vacations in a timely manner. The only difference is the employees have 48 hours to bid. 4. Filling Shifts: We agreed to "post open or unfilled shifts as soon as practical." We also agreed that "reasonable efforts will be made by the Employer to minimize the negative impact on Employees who are assigned to cover shifts." 5. Holiday Overtime: We agreed to clarify which hours are covered by holiday overtime as follows: "Holiday pay shall be for shifts of the actual holiday beginning with the shifts with starting times of 8 pm or later the evening prior to the holiday and prior to 8 pm the day of the holiday." 6. Solitary Pay Differential: We agreed to pay an additional 60 cents ($.60) per hour for solitary work in excess of ten hours per week due to the difficulty of being restricted to the Communications Center without assistance and without being able to leave. Employees working alone for 10 or fewer hours would not be eligible. This additional pay is only for hours in excess of ten in a week per individual. 7. We also made some minor housekeeping changes. AGENDA NO. K -5 AGENDA REPORT TO: City Council FROM: City Manager Finance Director RE: 2006 -2010 CAPITAL IMPROVEMENT PLAN (4 VOTES) DATE: June 7, 2005 PROPOSAL It is proposed that the 2006 -2010 Capital Improvement Plan be formally adopted. BACKGROUND The Capital Improvement Plan is a planning tool used to identify needed capital projects and to coordinate the timing and financing of projects. Capital projects for the Maplewood C.I.P. are defined as major equipment purchases and construction projects costing in excess of $50,000. The 2006 -2010 C.I.P. replaces the 2005 -2009 C.I.P. that was approved by the Council last year. The five -year total expenditures in the 2006 -2010 C.I.P. are $64,889,670 which is 10.6% higher that the last plan. The C.I.P. is based on goals established at the City Council and management staff retreats. Many of the projects scheduled for 2006 -2010 will result in the accomplishment of several goals that were established at the retreats. The property tax impact of projects included in the C.I.P. was closely scrutinized. For the first time estimates were prepared of the new tax levies that will be required by the new bonds that will be issued to finance C.I.P. projects. Although these amounts will change after the preparation of feasibility reports, bid awards and bond issuance, they provide a rough estimate of future tax levy increases. For 2005 the city's total tax levy was $13,434,640 and $2,818,000 was for debt service on bond issues. If all of the projects in the C.I.P. are approved and constructed at the estimated amounts, the tax levy for debt service on bond issues will increase to $4,900,200 for 2010. The debt service tax levy for 2006 will be $3,016,800 for bonds issued prior to 2005. For bonds issued in 2005 and thereafter, the tax levy starts two years after the bonds are issued. Other tax levies for capital improvements were $175,710 for 2005. If all of the projects in the C.I.P. are approved and constructed at the estimated amounts, these other tax levies will range from $0 for 2006 to $1,358,000 for 2009. Several projects requested for 2006 were delayed in order to reduce the capital improvements tax levy to $0 for 2006. This was done because preliminary data indicates that the 2006 operating budget will need the 2005 capital improvements property tax levy. If the City Council is willing to increase the property tax levy for 2006 to finance capital improvements, it is recommended that the following options be considered: 1. A Fire Truck Replacement Fund tax levy of $220,000 instead of $0. The C.I.P includes annual tax levies for 2007 -2010 that range from $230,000 to $320,000. A $220,000 tax levy annually from 2006 -2010 would provide level consistent financing for fire trucks. 2. A 2006 Redevelopment Fund tax levy of $153,000 instead of $0. This would provide minimal funding for the housing replacement program which is designed to prevent neighborhoods from deteriorating. 3. A Park Development Fund tax levy of $199,600 instead of $0. This would provide $49,600 as reimbursement to the fund for the Tartan Ice Arena costs incurred in 2005, $50,000 to finish the Walter Street trail project (PRO 1.01) in 2006 and $100,000 to complete the North Beaver Lake Trail project (PR03.08) in 2006. PLANNING COMMISSION The Planning Commission reviewed the C.I.P. at its meeting on June 6. A representative of the Planning Commission will be at the Council meeting to report on the action the commission took. ACTION REQUIRED After the video of the C.I.P. is shown, it is recommended that the Council adopt the attached resolution. Since the C.I.P. is part of the Comprehensive Plan, it requires four votes for adoption. Attachment P: \CIP\NDOP RESOLUTION WHEREAS, the 2006 -2010 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 2006 -2010 C.I.P. is a planning tool for City staff and elected officials, and WHEREAS, it is important to follow the construction and financing schedule on pages 1 -8 and 1 -9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, and NOW THEREFORE, BE IT RESOLVED, that the 2006 -2010 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1 -8 and 1 -9 in the C.I.P. will be followed to the greatest extent possible. 3 AGENDA NO. K -6 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Water Surcharge DATE: June 7, 2005 Seven projects in the 2006 -2010 Capital Improvement Plan (CIP) are proposed to be partially financed by revenues from a water surcharge fee. The projects are the following: 1. KENWOOD AREA STREETS 2. DESOTO /ROSELAWN AREA STREET IMPROVEMENTS 3. FERNDALE /GERANIUM AREA STREETS 4. BROOKVIEW AREA STREETS 5. LARK /PROSPERITY /BURKE AREA STREETS 6. KOHLMAN LANE AREA STREETS, WATER & SEWER 7. HILLS & DALE AREA STREETS All of these projects include water system improvements that cannot be fully assessed. The portion that cannot be assessed is proposed to be financed by the Water Availability Fund for the St. Paul Water Service District. There will be insufficient revenues in the fund unless a water surcharge is implemented effective 1 -1 -06. The proposed surcharge is 2% of the St. Paul water charge. The surcharge would be $0.70 per quarter for a family of four with average water usage (i.e. 20 units per quarter). The revenue generated by the surcharge would be approximately $70,000 in 2006. Implementation of a water surcharge fee probably would not be controversial because the use of the revenues should be easily understood and the fee is very small. If the water surcharge fee is not implemented, the unassessable water system improvements would have to be financed by property taxes. It is requested that the City Council determine if they want staff to prepare an ordinance to implement water surcharge fee. P \agn \water surcharge1 AGENDA NO. K -7 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Preliminary Approval for Issuance of Bonds DATE: June 7, 2005 Bonds need to be issued to finance six public works projects that the City Council has approved. Improvement bonds totaling $2,115,000 are planned for the projects that have special assessments that total at least 20% of the project costs. The projects and financing plans are listed in the attached report from Springsted Incorporated. Page 10 of the report lists annual tax levies for the improvement bonds of $49,345 - $56,725 payable 2007 -2021 which are required to finance the unassessed project costs. The report also suggests a bid award on the bond sale at a special Council meeting at 5:00 p.m. on Thursday, July 21. (There is a pre- agenda meeting that day at 4:45 p.m.) It is recommended that the City Council adopt the attached resolution that provides preliminary approval for the sale of $2,115,000 General Obligation Improvement Bonds and schedule a special Council meeting at 5:00 p.m. on Thursday, July 21 for a bid award on the bond issue. PA NANCEMORMPERM\05BONDS1 June 1. 2005 Mr. Dan Faust Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 -2797 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com Re: Recommendations for the Issuance of $2,115,000 General Obligation Improvement Bonds, Series 2005A Dear Mr. Faust: We have enclosed a copy of our recommendations for the above - captioned issue for distribution to Council members and City staff prior to your meeting on Monday, June 13, 2005. We have also enclosed a contract amendment for services relating to arbitrage /rebate to include this issue. If the City wishes to continue to engage Springsted for this service for the new issue, please sign the amendment and return it to us. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, Christine M. Hogan Project Manager kem Enclosures Public Sector Advisors Recommendations For City of Maplewood, Minnesota $2,115,000 General Obligation Improvement Bonds, Series 2005A Presented to: Mayor Robert Cardinal Members, City Council Mr. Richard Fursman, City Manager Mr. Dan Faust, Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 -2797 Study No.: M140802 SPRINGSTED Incorporated June 1, 2005 fr 0 a .. RECOMMENDATIONS Re: Recommendations for the Issuance of $2,115,000 General Obligation Improvement Bonds, Series 2005A (the "Bonds" or the "Issue ") We respectfully request your consideration of our recommendations for the above -named Issue. We recommend the following for the Bonds: Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Thursday, July 21, 2005 at 10:00 A.M., with consideration for award by the City Council at 5:00 P.M. that same day. 3. Method of Sale The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposal for underwriters to submit their bid electronically through the electronic bidding platform of PARTY In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. 4. Authority for the Bonds The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. 5. Repayment Term The Bonds will mature annually February 1, 2007 through 2021. Interest will be payable semi - annually each February 1 and August 1, commencing August 1, 2006. 6. Security and Payment Cycle (a) Security The Bonds are general obligations of the City secured by its full faith and credit and taxing power. (b) Payment Source The Bonds will be repaid with a combination of special assessments and ad valorem property taxes. (c) Payment Cycle The City will make its first levy for the Bonds in 2006 for collection in 2007. Assessment income is expected to be sufficient to make the August 1, 2006 interest payment and the February 1, 2007 principal and City of Maplewood, Minnesota June 1. 2005 Prepayment Provisions E� a 10. interest payment. Thereafter each year's collection of assessments and taxes will be used to pay the August 1 interest payment in the year of collection. Second - half collections of assessments and taxes will be used to pay the February 1 principal and interest payment due in the following year. The City may elect on February 1, 2015, and on any date thereafter, to prepay the Bonds due on or after February 1, 2016 at a price of par plus accrued interest. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's current general obligation credit rating is "Aa2 ". Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $10 million of Page 2 City of Maplewood, Minnesota June 1. 2005 (b) Rebate Requirements tax - exempt obligations in 2005 the Bonds will be designated as bank qualified. All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. There is an exemption from rebate for a municipality that issued $5 million or less of tax - exempt obligations in a calendar year. Since the City does not anticipate issuing more than $5 million of tax - exempt obligations in 2005, the City will qualify as a small issuer and will be exempt from rebate. Although exempt from rebate the City must still comply with the arbitrage regulations which require yield restriction of proceeds remaining in a project fund after the three -year temporary period. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. Additional diligence should be exercised in monitoring the debt service fund for the Bonds due to the potential accumulation of assessment prepayments, which could cause the debt service fund on the Bonds to become non -bona fide. Springsted currently provides arbitrage rebate calculation services to the City. An amendment for this Issue has been provided to City staff. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The proceeds of the Bonds will be used to finance street Page 3 City of Maplewood, Minnesota June 1. 2005 improvements which have an economic life of at least 20 years. The average life of the Bonds is 8.654 years; therefore the Bonds are within the economic life requirements. (e) Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. 11. Continuing Disclosure The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC). The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. In the past, the City has indicated that it will manage its own continuing disclosure matters. We understand that the City will continue that practice with this Issue. 12. Attachments Sources and Uses Schedule Assessment Income Schedules Net Debt Service Schedule Terms of Proposal DISCUSSION Proceeds of the Bonds will be used to finance the following five projects: (i) Gladstone North Area Streets, (ii) County Road D, Walter to Highway 61, (iii) Springside Drive, (iv) Highway 61, Beam to 1 -694, and (v) Dahl Avenue. The sources and uses of funds for the Improvement Bonds are shown on page 6. In addition to the bond proceeds, cash contributions totaling $1,762,807 will be used to pay for a portion of the improvement projects. The Bonds will be repaid with a combination of special assessments and ad valorem property taxes. Assessments in the principal amount of $1,170,201 will be fled on or about October 1, 2005. The interest rate charged on the unpaid balance of assessments is 5.0% for the Kennard Street project and 6.0% for each of the other projects. All assessments have been structured with even annual principal payments over a term of 15 years. The assessments schedules are shown on pages 7 through 9. Page 4 City of Maplewood, Minnesota June 1. 2005 Based on projected assessment income, it is expected that the City will be required to levy ad valorem taxes to pay a portion of the debt service on the Bonds. The average annual levy requirement for the Bonds will be approximately $53,550 starting in levy year 2006. Since the City will make its first levy for the Bonds in 2006 for collection in 2007, the interest payment due August 1, 2006 and the principal and interest payment due on February 1, 2007 will be paid for with assessment income only. Our recommended principal structure for the Bonds is shown on page 10. Debt service has been structured around the anticipated assessment income receipts to provide for a level annual tax levy. Page 10 shows the following information: Columns 1 through 4 show the principal maturity dates, the annual principal payments, estimated interest rates and projected total principal and interest payments, given the current market environment. Column 5 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments or taxes. Column 6 shows the projected assessment income developed on pages 7 through 9. Column 7 shows the tax levy requirement for the Bonds, which represents the difference between the projected assessment income and 105% of debt service. Springsted Incorporated is pleased to again be of service to the City of Maplewood. Respectfully submitted, SPRINGSTED Incorporated kem Provided to Staff: Arbitrage /Rebate Contract Amendment Page 5 2,115,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2005A Sources & Uses Dated 08/01/2005 i Delivered 08/01/2005 Sources Of Funds Par Amount of Bonds ....................................................................................................................... ............................... $2,115,000.00 State Street Aid ................................................................................................................................ ............................... 1,428,662.00 Government and Developer Payments ............................................................................................. ............................... 181,602.00 Transfer Sewer Fund ............................................................................................................... ............................... 115,387.00 Transfers from other City Funds ....................................................................................................... ............................... 37,156.00 Total Sources ........................................................................................................ ............................... Total ........................................................................................................... ............................... R�h��ra.�ra�ri®44fOif ��F]FFllf91 $3,877,807.00 1,423,800.00 653,740.00 599,600.00 566,600.00 421,100.00 162,430.00 27, 750.00 21,150.00 1,637.00 $3,877,807.00 % s t. :; Page 6 1,476,601 City of Maplewood, Minnesota General Obligation Improvement Bonds 2005A Assessments TOTAL ASSESSMENT INCOME DATE Assessments for Co Rd D, Springside Dr, Hazelwood & Dahl Ave Assessments for Highway 61 TOTAL 12/31/2006 167,241.23 39,576.67 206,817.90 12/31/2007 144,636.84 34,725.33 179,362.17 12/31/2008 139,878.02 33,704.01 173,582.03 12/31/2009 135,119.20 32, 682.67 167,801.87 12/31/2010 130,360.40 31,661.33 162,021.73 12/31/2011 125,601.58 30,640.01 156,241.59 12/31/2012 120,842.76 29,618.67 150,461.43 12/31/2013 116,083.94 28,597.33 144,681.27 12/31/2014 111,325.12 27,576.01 138,901.13 12/31/2015 106,566.30 26,554.67 133,120.97 12/31/2016 101,807.48 25,533.32 127,340.80 12/31/2017 97, 048.66 24, 512.00 121,560.66 12/31/2018 92, 289.86 23,490.66 115,780.52 12/31/2019 87, 531.04 22,469.32 110,000.36 12/31/2020 82,772.22 21,448.00 104,220.22 Total $1,759,104.65 $432,790.00 $2,191,894.65 Par Amounts Of Selected Issues 2005A Assessments for County Road D, Springside Dr, Hazelwood, and Dahl Ave .......................... ............................... 1,170,201.00 2005A Assessmen- Highway 61 ......................................................................................................... ............................... 306,400.00 TOTAL............................................................................................................................................... ............................... 1,476, 601.00 005 Page 7 1,170,201 City of Maplewood, Minnesota General Obligation Improvement Bonds 2005A Assessments ASSESSMENT INCOME @ 6.10% Date Principal Coupon Interest Total P +I 12/31/2005 - - - - 12/31/2006 78,013.40 6.100% 89,227.83 167,241.23 12/31/2007 78,013.40 6.100% 66,623.44 144,636.84 12/31/2008 78,013.40 6.100% 61,864.62 139,878.02 12/31/2009 78,013.40 6.100% 57,105.80 135,119.20 12/31/2010 78,013.40 6.100% 52,347.00 130,360.40 12/31/2011 78,013.40 6.100% 47,588.18 125,601.58 12/31/2012 78,013.40 6.100% 42,829.36 120,842.76 12/31/2013 78,013.40 6.100% 38,070.54 116,083.94 12/31/2014 78,013.40 6.100% 33,311.72 111,325.12 12/31/2015 78,013.40 6.100% 28,552.90 106,566.30 12/31/2016 78,013.40 6.100% 23,794.08 101,807.48 12/31/2017 78,013.40 6.100% 19,035.26 97,048.66 12/31/2018 78,013.40 6.100% 14,276.46 92,289.86 12/31/2019 78,013.40 6.100% 9,517.64 87,531.04 12/31/2020 78,013.40 6.100% 4,758.82 82,772.22 Total $1,170,201.00 - $588,903.65 $1,759,104.65 SIGNIFICANT DATES FilingDate .......................................................................................................................................... ............................... 10/01/2005 FirstPayment Date ............................................................................................................................ ............................... 12/31/2006 Page 8 306,400 City of Maplewood, Minnesota General Obligation Improvement Bonds 2005A Assessments ASSESSMENT INCOME @ 5.00% Date Principal Coupon Interest Total P +I 12/31/2005 - - - - 12/31/2006 20,426.67 5.000% 19,150.00 39,576.67 12/31/2007 20,426.67 5.000% 14,298.66 34,725.33 12/31/2008 20,426.67 5.000% 13,277.34 33,704.01 12/31/2009 20,426.67 5.000% 12,256.00 32,682.67 12/31/2010 20,426.67 5.000% 11,234.66 31,661.33 12/31/2011 20,426.67 5.000% 10,213.34 30,640.01 12/31/2012 20,426.67 5.000% 9,192.00 29,618.67 12/31/2013 20,426.67 5.000% 8,170.66 28,597.33 12/31/2014 20,426.67 5.000% 7,149.34 27,576.01 12/31/2015 20,426.67 5.000% 6,128.00 26,554.67 12/31/2016 20,426.66 5.000% 5,106.66 25,533.32 12/31/2017 20,426.66 5.000% 4,085.34 24,512.00 12/31/2018 20,426.66 5.000% 3,064.00 23,490.66 12/31/2019 20,426.66 5.000% 2,042.66 22,469.32 12/31/2020 20,426.66 5.000% 1,021.34 21,448.00 Total $306,400.00 - $126,390.00 $432,790.00 SIGNIFICANT DATES FilingDate ............................................................................................................................................ ............................... 10/01/2005 FirstPayment Date .............................................................................................................................. ............................... 12/31/2006 ..mac O�itf7e���+G r p�aci t t Page 9 2,115,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2005A NET DEBT SERVICE SCHEDULE Date Principal ( Coupon ( Interest ( Total P +I ( 105% of Total ( Assessment Income ( Levy Required ( 02/01/2006 IRS Form 8038 - - ............................... 3.7513045% - ............................... 8.654 Years - - - - 02/01/2007 80,000.00 2.700% 112,155.00 192,155.00 201,762.75 206,817.90 (5,055.15) 02/01/2008 150,000.00 2.850% 72,610.00 222,610.00 233,740.50 179,362.17 54,378.33 02/01/2009 150,000.00 3.000% 68,335.00 218,335.00 229,251.75 173,582.03 55,669.72 02/01/2010 150,000.00 3.050% 63,835.00 213,835.00 224,526.75 167,801.87 56,724.88 02/01/2011 145,000.00 3.200% 59,260.00 204,260.00 214,473.00 162,021.73 52,451.27 02/01/2012 145,000.00 3.350% 54,620.00 199,620.00 209,601.00 156,241.59 53,359.41 02/01/2013 145,000.00 3.450% 49,762.50 194,762.50 204,500.63 150,461.43 54,039.20 02/01/2014 145,000.00 3.550% 44,760.00 189,760.00 199,248.00 144,681.27 54,566.73 02/01/2015 145,000.00 3.650% 39,612.50 184,612.50 193,843.13 138,901.13 54,942.00 02/01/2016 145,000.00 3.750% 34,320.00 179,320.00 188,286.00 133,120.97 55,165.03 02/01/2017 145,000.00 3.900% 28,882.50 173,882.50 182,576.63 127,340.80 55,235.83 02/01/2018 145,000.00 4.000% 23,227.50 168,227.50 176,638.88 121,560.66 55,078.22 02/01/2019 140,000.00 4.050% 17,427.50 157,427.50 165,298.88 115,780.52 49,518.36 02/01/2020 140,000.00 4.100% 11,757.50 151,757.50 159,345.38 110,000.36 49,345.02 02/01/2021 145,000.00 4.150% 6,017.50 151,017.50 158,568.38 104,220.22 54,348.16 Total $2,115,000.00 - $686,582.50 $2,801,582.50 $2,941,661.63 $2,191,894.65 $749,766.98 Dated.................................................................................................................................................................... ............................... 8/01/2005 DeliveryDate ............................................................................................................................................................ ............................... 8/01/2005 FirstCoupon Date ...................................................................................................................................................... ............................... 8/01/2006 Yield Statistics ............................... 3.8668625% BondYear Dollars ...................................................................................................................................................... ............................... $18,302.50 AverageLife ............................................................................................................................................................. ............................... 8.654 Years AverageCoupon ........................................................................................................................................................ ............................... 3.7513045% NetInterest Cost ( NIC) ............................................................................................................................................... ............................... 3.8668625% TrueInterest Cost ( TIC) ............................................................................................................................................. ............................... 3.8633932% Bond Yield for Arbitrage Purposes ............................................................................................................................. ............................... 3.7227036% All Inclusive Cost ( AIC) .............................................................................................................................................. ............................... 4.0510392% IRS Form 8038 NetInterest Cost ........................................................................................................................................................ ............................... 3.7513045% WeightedAverage Maturity ........................................................................................................................................ ............................... 8.654 Years vnriaxn�rz� ,ra,riaarn�mreruaeapu �esan tr i r't c s r d Page 10 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,115,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, July 21, 2005, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARIT . For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be solely responsible for making necessary arrangements to access PARITY' for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY' shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have an liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: PARITY 1359 Broadway, 2n Floor, New York, New York 10018 Customer Support: (212) 849 -5000 Page 11 DETAILS OF THE BONDS The Bonds will be dated August 1, 2005, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2006. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows 2007 $ 80,000 2011 $145,000 2015 $145,000 2019 $140,000 2008 $150,000 2012 $145,000 2016 $145,000 2020 $140,000 2009 $150,000 2013 $145,000 2017 $145,000 2021 $145,000 2010 $150,000 2014 $145,000 2018 $145,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2015, and on any day thereafter, to prepay Bonds due on or after February 1, 2016. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. Page 12 TYPE OF PROPOSALS Proposals shall be for not less than $2,093,850 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $21,150, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. Page 13 SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated June 13, 2005 BY ORDER OF THE CITY COUNCIL /s/ Karen Guifoile City Clerk Page 14 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,115,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $2,115,000 General Obligation Improvement Bonds, Series 2005A (the 'Bonds "), to finance various improvement projects within the City; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with the sale, the City Cleric, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. 1776242vi A -2 EXHIBIT A TERMS OF PROPOSAL $2,115,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, July 21, 2005, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Il (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY' "'. For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY. Each bidder shall he solely responsible for making necessary arrangements to access PARITY for purposes ofsuhmitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY" shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY" shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY" solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. 1776242vi A -3 If any provisions of this Terms of Proposal conflict with information provided by PARITY`" , this Terms of Proposal shall control. Further information about PARITY, including any fee charged, may be obtained from: PARITY, 1359 Broadway, 2 °6 Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated August 1, 2005, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2006. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2007 $ 80,000 2011 $145,000 2015 $145,000 2019 $140,000 2008 $150,000 2012 $145,000 2016 $145,000 2020 $140,000 2009 $150,000 2013 $145,000 2017 $145,000 2021 $145,000 2010 $150,000 2014 $145,000 2018 $145,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION 1776242vi A -4 The City may elect on February 1, 2015, and on any day thereafter, to prepay Bonds due on or after February 1, 2016. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,093,850 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $21,150, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 51100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. I_VJ/_ 1 IIta The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals 1776242vi A -4 without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT 177e242vi A -5 The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated June 13, 2005 BY ORDER OF THE CITY COUNCIL /s/ Karen Guifoile City Clerk p \agn \2005A_GO Improvement Bonds -set sale resolution 1776242vi A -6 Agenda Item K8 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJECT: Request for Proposals (RFP) for City's Recycling Services DATE: June 2, 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. 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. DISCUSSION 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 Request for Proposal (RFP) for recycling services for the city and authorize approval for the release of the RFP. Attachment: 1. Request for Proposals City of Maplewood Request for Proposals (RFP) Fnr ices Table of Contents INTRODUCTION................................................................. ..............................1 1. Statement of intent and City goals ............................. ..............................1 2. Background and history of the City "s recycling program ..............................1 3 . Definitions ............................................................... ..............................1 4. Vendor selection process and schedule ........!. ......... ......... ............5 5. Term of contract ............................... ........ .........! ......... ...........6 6. Annual performance review meeting to discuss recommendations for continuous improvement ....... ........: ......... ......... ........ ''............6 7. Proposals may be rejected in whole or', part ............................................... 6 8. How to submit proposals ....... ........! ......... ......... ......... ...........6 9. Proposal content .................. ........! ......... ......... ......... ...........7 10. Dual stream proposal scenario .......... ........! . ...... ..............................7 11. Single stream proposal scenario ........! ........ . ...... ..............................8 12 . Price worksheet ...... ........ ......... ......... ...... ..............................8 13. Price on a dollars per ton basis ........! ........ . ....... ..............................8 14. Revenue sharing ..... ........ ........1 ........! ....... ..............................8 15. Vendors may team with other companies ......... ! ....... ..............................9 16. RFP and proposal to become part of final contract ' .... ............................... 10 17. Evaluation Criteria ... ........ ......... ......... ...... .............................10 GENERAL REQUIREMENTS FOR ALL COLLECTIONS .............. ............................... 10 18. Missed collections ... ........ ............................. ............................... 10 19 . Severe weather.....' ................................................ ............................... 11 20. Collection Hours and days ....................................... ............................... 11 21. Monthly complaints, report ........................................ .............................11 22. City retains right to specify resident preparation instructions .....................11 23. City shall approve Contractor's public education literature .........................11 24 . Weighing of loads .................................................... .............................12 25. Monthly and annual reports ...................................... .............................12 26. Ownership of recyclables .......................................... .............................12 27. Scavenging prohibited ............................................. .............................12 28. Cleanup of spillage or blowing litter ........................... .............................13 29. Recyclable materials required to be transported to markets; Disposal prohibited.............................................................. .............................13 30. Processing facilities must be specified ........................ .............................13 31. Estimating materials composition as collected ............. .............................13 32. Estimating process residuals ..................................... .............................13 33. Lack of adequate market demand ............................ ............................... 14 34. Performance monitoring ..................... ........: ......... ......... .........14 35. Liquidated damages ........................... ........!. ......... ......... ...........14 CURBSIDE COLLECTION REQUIREMENTS ....... ......... ......... ......... ..........15 36. Point of collection ................. ........ ........ ......... ......... ...........15 37. Curbside collection schedule deadline .. ........! ......... ........ '...........15 38. Procedure for handling non - targeted materials..!. ......... ........ ..........15 MULTI FAMILY DWELLING (MFD) COLLECTION REQUIREMENTS ...........................16 39. MFD building owners may elect to subscribe to recycling service under the City's contract ......... ........ ........! ......... ..... .............................16 40 . MFD collection stations ........ ......... ......... .... ............................... 16 41. MFD container location(s) ..... ........! ........! ...... .............................16 42 . MFD service standards ........ ......... ......... !.... ............................... 16 43. MFD recycling container requirements.) ......... ' ...... .............................16 44. Responsibility for providing and maintaining recycling containers ............... 17 45. Public education information for MFD tenants ............ ............................... 17 46. Other public education tools to MFD residents ........... ............................... 17 47. Annual report to MFD building owners ...................... ............................... 17 INSURANCE AND OTHER LEGAL REQUIREMENTS ................. ............................... 17 48 . Insurance..' ....... .................................................. .............................17 49. Transfer of interest .................................................. .............................19 50. Bankruptcy ................. ............................... Error! Bookmark not defined. 51. Dispute resolution and arbitration procedures ............. .............................19 52. Performance bond ................................................... .............................19 53. General compliance ................................................. .............................19 54. Independent contractor ............................................ .............................20 55 . Hold harmless ......................................................... .............................20 56. Accounting standards .............................................. .............................20 57. Retention of records ................................................ .............................20 58. Data practices ......................................................... .............................20 59. Inspection of records ............................................... .............................21 60. Applicable law ......................................................... .............................21 61. Contract termination ................................................ .............................21 62. Employee working conditions and respondent's safety procedures. ..........21 ATTACHMENT A - BACKGROUND INFORMATION...... ATTACHMENT B - PRICE WORKSHEET .................r ATTACHMENT C - CITY'S 2005 PUBLIC EDUCATION ROUTE CALENDAR AND MAPS..... ........ 22 ........ 24 ........ 27 INTRODUCTION The following sections describe the City "s purpose, background, general information, and decision process about this request for proposals (RFP). 1. Statement of intent and City goals This RFP defines the service standards, requirements of the comprehensive recycl Maplewood. The City seeks to enter into a company that has the resources and ability t( collection services for the entire City. It is the intent of the City of Maplewood to ac comprehensive recycling services including ci and public education. The goals of the Ci' recovery possible of recyclables from all resit the most cost - effective solution. One of Maplewood "s major goals i� resident participation at the multi fa to assure high - quality recycling sery the maximum extent feasible._ The awarded a new contract beginning' this new initiative to improve MFD' very closely with the City to achieve', specifications and proposal I program for the City of ew recycling contract with a )rovide residential recyclables osals for arketing e fullest achieve ice levels, quality and D "s). The City intends to all City residents, to hat the vendor who is ne a leadership role in ind that they will work Another goal of the City is to improve public ! education (to) of all City residents about recycling services (so as) to help improve participation and recovery rates. The City encourages proposing vendors to submit their best proposal possible. The requirements within this RFP may be altered by vendors if proposals explicitly describe the change, rationale and price implications. For example, the ' "dual stream proposal" scenario assumes the City "s current dual stream collection and processing recycling methods. Vendors may propose a "'single stream proposal ' scenario. (Additional alternate proposal scenarios may be proposed if alterations and price implications are explicitly described. Vendors may propose multiple scenarios. Each scenario proposed must have a distinct, associated price. 2. Background and history of the City "s recycling program Attachment A provides a thorough description of the City of Maplewood's recycling program. 3. Definitions 3.1 "Aluminum cans "' Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. 1- 3.2 "City's annual recycling public education flyer' The City publishes an annual public education flyer that contains the following recycling information for City residents: Annual calendar and map of curbside recycling districts for "'single family dwellings' List of materials to be included for recycling List of materials excluded that cannot be recycled in the City "s program How to prepare materials. (See Attachment C for the 2005 edition of the Education Flyer "') 3.3 "City'+s designated contact perso The City has designated City "s Envi Du Wayne Konewko, as the City "s s vendors. 3.4 "City- designated recyclal "Recyclables "' The following recyclable m bottles; paper recyclables; defined herein this RFP ark, public education flyer" (Se can be amended through r any time within the durati 3.5 " g Public or steel cans; glass jars and gated cardboard as °'City "s annual recycling : of recyclable materials ity and its Contractor at recyclable materials from the place at ctivities up to the time when it is service Contractor under the new contract beginning V 1, 2006. Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard. 3.8 "Curbside recycling bins' Uniform curbside recycling bins (e.g., red, plastic recycling "'tubs "') supplied by the City in which recyclables can be stored and later placed for curbside collection, as specified by the City. The recycling containers remain the property of the City. 0 3.9 "Curbside recycling service' The recycling collection service, together with related public education and other customer services, specified within this RFP utilizing curbside recycling bins. Multi- family dwellings may receive curbside recycling service as selected by the City and the Contractor. 3.10 "Glass jars and bottles '' Glass jars, bottles, and containers (lids /caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 3.11 "Market demand "' The economic and technical capacity of make new products. to 3.12 "Markets "' Any person or company that buys (o materials and may include, but are n processors, brokers and other recycl' 3.13 "Multiple family dwelling A building or a portion the 3.14 "MFD recd Recycling bin, cart, of design recycling markets, intermediate welling units. nily dwellings (MFD) including any r temporary storage and collection n MFD, "s prior to collection. Such plidtly labeled as to recyclables er containers for mixed solid waste service, together with related public education and other )rovided to MFD residents that utilize MFD recycling ts) and use MFD recycling stations. The location of MFD recycling containers designated by the recycling Contractor with agreement of the MFD building owner. MFD recycling stations will likely be a cluster of recycling carts and /or recycling dumpsters (e.g., for old corrugate cardboard). 3.17 "Non targeted materials "' Non - recyclable materials that are not included in the City "s recycling program. Examples of typical non - targeted items include (but are not limited to): pumps on plastic bottles, ceramic material in glass streams, pizza cartons in corrugated cardboard streams, etc. 3- 3.18 "Paper "' Paper includes the following: newspapers (including inserts); household office paper and mail; boxboard; old corrugated cardboard; phone books; kraft bags; and magazines /catalogs. No boxboard containers used for food product storage in refrigerators or freezers are included. No coated boxboard (known in the industry as "'wet strength boxboard "') used for beer, soft drinks, water or other beverages intended for cold storage are included. 3.19 "Plastic bottles "' Plastic bottles shaped with a neck. Plastic lids included. Recyclable plastic bottles shall be id SPI plastic codes #1 (PETE) and #2 (HOPE) in liquor; milk; juice; soft drinks; water; certain 3.20 "Process residuals "' The normal amount of material that material characteristics such as size, contamination, etc. and must be disc Process residuals include subcategor limited to bulky items, contaminants rejects from specific processing equil screens, etc). "'Process residuals"" do that are normally processed and prel commodities but are of relatively lo% demand conditions. 3.21 " s are not with the ng: tics. due to municipal solid waste. :siduals including but not floor sweepings and erials cleaned from ean, separated products ant to markets as of depressed market The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or i which recyclable materials are processed. The facility pplicable rules, regulations and laws of state, local or ing collection /processing systems identified by the City for purposes of this RFP: "' Dual stream scenario - The proposal scenario assuming the City "s current dual stream collection and processing system for purposes of this RFP. Dual stream service includes collection and processing the residential curbside material within the form of a dual stream system whereby residents will continue to be instructed to separate recyclables into two groups of materials: (1) all food and beverage containers, including glass, metal and plastic bottles /jugs; and (2) all paper fiber products, including newspapers, boxboard, magazines, mixed mail, catalogs, phone books and corrugated cardboard. Other M design and operating details of the current collection, processing and public education systems are assumed within this dual stream scenario. "' Single stream proposal scenario "' - The potential new single stream collection and processing system as an alternate proposal scenario for purposes of this RFP. Vendors should propose under this "'single stream "' scenario to collect and process the residential curbside material within the form of a single stream system whereby residents will be instructed to commingle all groups of materials. 3.24 "Steel cans "' M Disposable containers fabricated primarily of beverages. Vendor selection process ani To the best of its ability, the City will for its decision - making: 1. All contact by prospective and procurement decision designated contact persor encouraged to contact Mr information. Any other u Council members, or men subject the company to d' auth cont ta and le nts about the City "s RFP made with the "'City "s Prospective vendors are ins or requests for more h other City staff, City ronment Committee will her consideration. This is finalized and h the date of final ition) by the City Council. or requests for information about this in writing to the City "s contact person Lions and requests for more information - nmarized in writing and forwarded to June 30, 2005. ist be sealed and delivered to the Community fice at City Hall no later than 4 p.m. (CDT) July 7, 2005, 1 eligible. Only the company names of vendors submitting made public. All proposal documents shall be held as I the City Council awards a new contract and authorizes the new contract. 4. The City will form a proposal review committee to review and analyze the details of the qualified submitted proposals. (See "'Evaluation Criteria "' section of this RFP.) The committee will recommend the top three vendors, in rank order of priority, to the City Council. 5. City staff will negotiate with the top ranked vendor. If negotiations with top- ranked vendor are not successful, the City may then initiate negotiations with second ranked vendor, and so on. 6. Once a draft contract has been successfully negotiated, City staff will present its recommendations to the City Council (approximately 5- September 12, 2005). The City Council may then award the contract and authorize staff to execute it. 7. The new recycling contract will commence on January 1, 2006. S. Term of contract The term of the new recycling contract will be a period of five (5) years from January 1, 2006 through December 31, 2010. 6. Annual performance review meeti recommendations for continuous Upon receipt of the Contractors annual reps annual meeting with the Contractor and the The objectives of this annual meting will inc Review Contractor's annual and participation. Efforts the Contractor has r Review Contractor's perforr the Environment Comm.itte Review Contractor's recomr recycling program, includin opportunities. shall schedule an - onment Committee. 3t limited to):', nds in recovery rate -fable markets. back from residents to ty staff. , vement in the City's ucation and other Review City staff recommendations for Contractor's service improvements. Discuss other opportunities for improvement with the remaining years 7. Proposals may be rejected in whole or part The City of Maplewood reserves the right to: of proposals; cations of proposals submitted; or all of the proposals on the basis of consideration(s) )roceeds or cost; and Negotiate specific work elements with the preferred vendor into a contract of lesser or greater expense than described in this RFP or the respondent's reply. 8. How to submit proposals Proposal shall be submitted to the Community Development Office at City Hall no later than 4 p.m. (CDT) July 7, 2005, in a sealed envelope with the name of the proposing company on the outside and addressed as follows: Enclosed: "'Recycling Services Proposal "' 31 City of Maplewood, City Hall Community Development Office 1830 County Road B East Maplewood, MN 55109 c/o Du Wayne Konewko, Environmental Management Specialist 9. Proposals will be treated in accordance with M 3 (b), Data Practices Act. Five (5) written, hard copies of the proposal a submitted. An electronic copy of the proposal suitable alternative disk format) in! must be formatted in Microsoft WO Proposal content Qualified proposals must include at l Statement of vend( municipal clients in services. List of materials annual public ed Mutes 13.591, Subdivision attachments shall be mitted on a CD disk (or nvelope. The proposal file compatible alternative. ng elements: I references of other lion: receiving similar different from the City "s on and rationale for any of recyclable items. Jucation services for: inq "'curbside service "' (MFD "s) receiving "'curbside service' or Attachment B). to any litigation in the past five years within the State of I the current status of that litigation. 10. dual stream proposal scenario The City "s current dual stream collection and processing systems comprise the base proposal scenario for purposes of this RFP. If vendors propose under dual stream scenario, they should assume materials would be both collected and processed in a dual stream mode. Under this dual stream scenario, residents will be instructed to separate recyclables into two groups of materials: (1) all food and beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber products, including: newspapers, boxboard, magazines, mixed mail, catalogs, phone books, kraft bags and corrugated cardboard. Under this dual stream scenario, processing shall also be by the categories as collected: paper separated from containers. It is not acceptable to propose to collect materials in a dual stream mode and then process them in a single stream mode. 7- If the City awards a new dual stream service contract under this scenario, the new Contractor shall not make any changes to either of these dual stream collection or processing systems without written approval of the City. Other design and operating details of the current collection, processing and public education systems are assumed within this dual stream scenario. Vendors may propose variations to this scenario. 11. Single stream proposal scenario Vendors may propose a new single stream collection and processing system as an alternate to the City "s current dual stream system. Vendors should propose under this single stream scenario to collect and process the residential curbside material within the form of a single stream system whereby residents will be instructed to commingle all groups of recyclable materials. If vendors propose under this single stream proposal scenario, the vendor must provide an explicit description of the following collection design details: Cart size and other specifications, Ownership of carts (City vs. Contractor),', Residents" material preparation' and setout requirements (e.g., if corrugated cardboard is to be placed in the single stream cart, location of carts, etc.), Collection frequency, and Any other collection system design and operational elements the City will need to fully understand the single stream proposal. 12. Price worksheet' Vendors must complete a price worksheet as part of each proposal they submit (see Attachment B for worksheet). Vendors must complete at least on of the "'Dual stream" or "'Single stream' proposal scenario price worksheets. In addition, vendors may also complete an "'Additional alternate "' price worksheet if their or000sed system does not fit into one of the first two 13. Price on a dollars per ton basis The City intends to maintain its current dollars per ton service payment basis. However, the City will consider payment on a per household basis. 14. Revenue sharing All qualified proposals shall state explicitly if the vendor elects to participate in revenue sharing with the City. If the City awards the contract to a vendor that elected to propose revenue sharing, and if the final contract negotiated includes revenue sharing, the Contractor shall, on a monthly basis, rebate an amount to the City based on a mutual agreed upon formula. The City initiated revenue sharing outline for purposes of this RFP consists of the following formulae: 3 1. A per ton payment of all paper grades collected from the City based on the published index less the proposed paper processing cost per ton. The published index used shall be the Official Board Markets (OBM) "'Yellow Sheet, "' Chicago region for Old Newspapers (ONP) # 8, high side of range. Proposers must state on the price worksheet (Attachment B) what percent of this index will be used for the "'gross revenue "' and the proposed paper processing cost per ton. 2. A per ton payment of aluminum collected from the City based on the published index less the proposed aluminum, processing cost per ton. The published index used shall be the American Metal Market (AMM),' Aluminum (1st issue of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. Proposers must state on the price worksheet (Attachment B) what percent of this index will be used for the "'gross revenue'" and the proposed aluminum processing cost per ton. If a revenue sharing component is o either paper or aluminum, each mor with the monthly rebate to the City, corresponding monthly estimate of t aluminum collected from the City ev receive no rebate for the month..... Alt the referenced OBM market index ar statement. The Proposers will calculate the tonnaoe Each prop paper and Price Wor4 revenue sl - than zero, percent) for shall provide, together station of the ides and tons of re the City were to shall provide copies of ex with each monthly anation of how they ?nue share offer for both ve (see Attachment B - 0) percent to 100 percent e other revenue sharing commodities rmulae, at any time during the duration r into negotiations in good faith and any be reduced to writing in the form of an 1 m with other companies It is recognized that some prospective haulers may wish to subcontract with other companies for processing services. This is allowed as needed, but all such Contractor subcontractor relationships must be explicitly described in each proposal scenario. The City will contract with only one primary Contractor for the recycling services. Multiple vendors may team up with other complementary hauling or recycling companies provided there is no collusion. A company many be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals. M 16. RFP and proposal to become part of final contract The contents of this RFP, the successful proposal, and any written clarifications or modifications to the contents thereof submitted by the successful proposer shall become part of the contractual obligations and be incorporated by reference into the ensuing contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. 17. Evaluation Criteria The City will objectively evaluate the proposal best value for the City and its residents. A co be used to quantify the merits of each propos limited to): Strength of qualifications of t subcontractor, if any), especi City of Maplewood. Qualifica the proven capacities of the the operational requirements Comments from th Innovations Innovations prop all City residents. Innovations and i levels and auality Rel Thi e the ria will it not Js of the ted to) o meet about recycling to -rease recycling service ulti family dwellings. to all other provisions of this RFP. nted in any special order. No ranking ided or implied. The City also may use it and goals of this RFP and of the new GENERALREOUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and MFD recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and Multi family collection programs. 18. Missed collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, 10- the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 19. Severe weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. "'Severe Weather" shall include, but shall not be limited to those cases in which the temperature at 6:00 a.m. is minus twenty ( -20) degrees Fahrenheit or colder. If collections are so postponed, the Contractor shall notify the City. Upon postponement collection will be made on a day agreed upon between the Contractor and the City. 20. Collection hours and days The City requires all such collections to begin no sooner than 6 a.m. and shall be complete by 6 p.m. Furthermore, the City requires scheduled collection days to be Monday through Thursday. ', Scheduled collection days on 'Fridays are not allowed. The Contractor may request one time City authorization of exceptions to these time and day restrictions (e.g., pursuant to the "'Severe Weather" provision 19 above). The Contractor must request such exception prior to the requested collection event and specify the date, time and reason for the exception. 21. Monthly complaints report Each month the Contractor shall provide the City with a list of all customer complaints, including a description of how each complaint was resolved. 22. City retains right to specify resident preparation instructions agree that it is the City "s sole right to clearly specify the ;etout requirements. The City shall publish and aal basis; the detailed recyclables preparation sidents as part of its annual public education flyer. rees to confer with the Contractor before the annual flyer 23. City shall approve Contractor "s public education literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City - specified resident preparation instructions. At a minimum, this shall include: production and distribution of an annual flyer to each home; and (2) distribution of "'resident education tags"' to be left by curbside collection crews if any non - targeted material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 11 - 24. Weighing of loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 25. Monthly and annual reports The Contractor will submit to the City monthl a minimum, the Contractor shall include the Gross amounts of materials Net amounts of materials ma Amounts stored, by recyclabl conditions (in tons). Amounts of "'process residual Recycling service fe( Revenue share credi Monthly reports shall be Annual reports shall be encouraged to include it improvement in the City multifamily recvclina._et 26. Ownersh its and annual reports. At ig information ;yclable material (in tons). clable material', (in tons). i any notes as to unusual tons). I price per ton). Y).. day of each month. ntractor will be ndations for continuous public education, lain with the person placing them for physically touches them for collection, :vclables shall transfer to Contractor. 27. Scavenyiny prohibited It is unlawful for any person other than the City "s recycling Contractor or owner's independent hauler to collect, remove, or dispose of designated recyclables' after the materials have been placed or deposited for collection in the recycling containers. The owner, owner's employees, owner's independent hauler's employees, or City "s recycling Contractor's employees may not collect or "'scavenge"' through recycling in any manner that interferes with the contracted recycling services. (Note: The City is in the process of adopting a new "'anti- scavenging "' provision in its solid waste ordinance that will promulgate regulations to make it explicitly illegal to scavenge recyclables.) 12- 28. Cleanup of spillage or blowing litter The Contractor shall clean up any material spilled or blown during the course of collection and /or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 29. Recyclable materials required to be markets; Disposal prohibited Upon collection by the City's recycling Contrac deliver the designated recyclables to a recycla an end market for sale or reuse, or to an inter later delivery to a processing center or end m+ person to transport for disposal or to dispose mixed municipal solid waste disposal facility. 30. Processing facilities must be The Contractor shall assure processing capacity will be must clearly specify the loc subcontractor's facility) whi delivered and / or processe the City at least 60 days in subsequent, plans for receiv City. 31. Estim , r shall center, !r for any sina recyclable material iI collected. The proposals s processing facility (or )m the City will be provide written notice to tial change in these or -fables collected from the ected onduct at least one materials composition analysis of each year to estimate the relative amount by weight of todity by grade. The results of this analysis shall 1y weight of each recyclable commodity by grade as V; (2) relative change compared to the previous year's a description of the methodology used to calculate the 1 number of samples, dates weighed, and City route(s) e Contractor shall provide the City with a copy of each 32. Estimating process residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. 13- 33. Lack of adequate market demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in this written contract amendment to cease collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize 'recyclables ' ending up in landfill or disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, lupon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 34. Performance monitoring The City will monitor the perfor performance standards require Substandard performance as di compliance. If action to correc by the Contractor within 60 da initiate the contract termination 35. Liquidat The Conti City, that specified incident. against goals and he contract. II constitute non - )rmance is not taken the City, the City will >ther remedies available to the the Contractor in the amounts re of the Contractor to fulfill its lice complaints within 24 hours in a r - $50 per incident. properly notified missed collections - $250 per incident. monthly and annual reports - $100 per incident. to the collections within the specified timeframes - $100 p from spills during collection operations - $250 per 6. Failure to report on changes in location of recyclables processing operations - $250 per incident. 7. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City "s recyclables - $100 per incident. 8. Exceeding any maximum process residuals rate that may be negotiated as part of a final contract agreement - $1,000 per exceedence. 14- 9. Failure to receive City written approval of changes to the "'dual stream "' collection and processing systems prior to implementing any such change - $5,000. 10. Failure to conduct annual composition analysis - $100 per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. CURBSIDE COLLECTION REQUIREMENTS The following collection requirement are for curbside recycling services only and do not pertain to multi - family household type of collection services. 36. Point of collection All curbside collection service will occur at the curbside (i.e., no alley collections of residential recyclables are allowed for residents with curbside collection service). 37. Curbside collection schedule deadline If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and bequest an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non - completion and the expected time of completion.. If the City's contract - designated contact person cannot be reached, the Contractor will request the City Manager. The City assumes that all residents receiving curbside collection service will be collected once every two weeks as per the current system. Vendors may wish to consider weekly collection as a variation. If vendors propose weekly collection, this must be stated clearly in the proposal and the proposed price 38. Procedure for handling non- targeted materials lines that a resident has set out non - targeted materials, the following procedure: leave the non - targeted materials in the resident "s ig bin and leave an "'education tag "' indicating acceptable e proper method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City within the monthly report. If this procedure for handling non - targeted materials is not feasible for automated or semi - automated collection systems, the vendor must so specify and explain alternative public education systems to maintain and improve quality of recyclables set out by City residents. 15 - MULTI FAMILY DWELLING (MFD) COLLECTION REQUIREMENTS The following collection requirement are for MFD recycling services only and do not pertain to curbside collection services. 39. MFD building owners may elect to subscribe to recycling service under the City "s contract MFD building owners will be able to use the Cityt recycling Contractor to provide the recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling Contractor to provide the recycling services at the owner's expense. 40. MFD collection stations MFD recycling stations will be specified with agreement of the MFD building owner on a case -by -case basis. MFD recycling stations will likely be a cluster of recycling carts and /or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 41. MFD container locati MFD Recycling containers which permits access for pedestrian or vehicular tr, other ordinances. n(s) on the MFD premises ch does not obstruct the City's zoning and 42. MFD se on services shall be available on the gularly scheduled basis of at least and recycling containers" capacity recyclables such that there is the recyclable containers to avoid 43. MFD recycling container requirements The recvchno containers shall be: 1. Sufficient in number and size to meet the demands for recycling services created by the occupants. 2. Equipped with hinged lids. 3. Equipped with standardized labels identifying the type of recyclable material to be deposited in each container. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable schedule if stolen or broken. 16- 44. Responsibility for providing and maintaining recycling containers If the MFD building owner uses the City "s Contractor, adequate MFD recycling containers shall be provided and maintained by the City "s Contractor. 45. Public education information for MFD tenants At least once per year, the City "s recycling Contractor shall supply the MFD building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). 46. Other public education tools to MFD residents Vendors are encouraged to specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners. 47. Annual report to MFD building owners The City "s Contractor shall provide an annual report by January 31 of each year to the MFD building owners served by the City's contractor. A copy of each report to the MFD building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1. Name of owner, building manager and contact information (mailing address, phone numbers, e -mail, etc.) 2. Street address of each MFD served.. 3. Number of dwelling units for each MFD. 4. Description of collection services made available to occupants, including number of MFD recycling stations, number of MFD recycling containers, location of stations and dates of collection. 5. Description of public education tools used to inform occupants of for each type of material recycled. s for future improvements (e.g., specific public education OTHER LEGAL REQUIREMENTS 48. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor and its sub - contractors shall secure and maintain the following insurance: 17 - 48.1 Workers Compensation insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. 48.2 Commercial General Liability insurance Commercial General Liability insurance shall be at th e $1,000,000 general aggregate, $1,000,000 products $1,000,000 personal and advertising injury, $1;000,0 $500,000 fire damage and $50,000 medical expense' policy shall be on an 'occurrence" basis, shall include' coverage and the City shall be named an additional _r 48.3 Commercial Automobile Liability it Commercial Automobile Liability insu and hired automobiles with limits of 48.4 Professional Liability Insurance or Insurance Professional Liability Insura coverage for 1) the claims i Contractor or its sub- contrz professional service by the policy should provide cove and $1,000,000 annual ag protection stated for two y liability of limits of at least - completed operations The lity ns insurance providing s or omissions of the mce or failure to render a ntractors. The insurance ,000,000 each occurrence olicy must provide the the work. not relieve, limit or decrease the bles or retention shall be the :ontractor. The Contractor shall control any special or be responsible for any damages that result from those es not represent', that the insurance requirements are ie Contractor's interest or provide adequate coverage. is to be provided on a City- approved Insurance (30) date written notice is required if the policy is d or materially changed. The Contractor shall require :ors, if sub - contracting is allowable under this contact, to nvisions. 48.5 Environmental Liability Insurance Vendor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this recycling services agreement. Vendor shall add the Vendee as an additional insured under said insurance policy(s). The policy coverage shall include Environmental Impairment Liability. Vendor shall provide Vendee with appropriate documentation of said environmental liability insurance for verification upon written request from Vendee. Vendor further indemnifies Vendee, its employees, agents and M licensees from all liability related to hazardous contamination /pollution resulting from the acts of Vendee, its employees or argents. 49. Transfer of interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. 50. Non - Assignability and Bankruptcy The parties hereby agree that Vendor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from Vendee. In the event, Vendee its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 51. Dispute r The partie . this agreer Vendee by 5 5 Ion proceaures rr claim arising out of or relating to tall be settled, at the option of the i_the Rules of the American upon the award by the Arbitrator(s) ction thereof. Decify requirements for a performance bond in the case of ure to perform contracted services. The performance ninimum of $150,000. The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. Once negotiations begin, the City will provide draft contract language to the preferred vendor to address other standard legal requirements. (Note: These requirements may include, but not be limited to: specification for performance bond, prevailing wage; anti - trust, arbitration, human rights, City administrative ordinance; etc.) 19- 54. Independent contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub- contractors of the Contractor only and not of 1 that might arise, including Worker's Compens Compensation Act of the State of Minnesota o said employees or other persons while so eng services provided to be rendered herein, shall responsibility of Contractor. 55. Hold harmless The Contractor agrees to defend, ind officers and employees, from any lial judgments, and expenses, including indirectly from an act or omission of or employees of subcontractors, in tE by this contract or by reason of the f in any respect, any of its obligations' self- insured agency of the State of M Minnesota Statute 3,732 et seq.shal insurance and liability limits. The pr 466 shall aoDly to other Dolitical sub 56. Account II claims Norker's !half of or Id harmless the City, its damages, costs, • resulting directly or • its employees, its agents, 5 of the services provided 3ntractor to fully perform, tract. If a Contractor is a erms and conditions of spect to liability bonding, nesota Statutes Chapter State of Minnesota. necessary source documentation and ictated by generally accepted nt for expenses incurred under this 5 contract! property. 58. Data practices )rds retain all records pertinent to expenditures incurred :)r a period of three years after the resolution of all audit r non - expendable property acquired with funds under this 3ined for three years after final disposition of such The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, M and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non - public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 59. Inspection of records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its desig0ees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 60. Applicable law The laws of the State of Minnesota shall govern all interpretations ' of',this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 61. Contract termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after 60 days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination' minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall', at the option of the City, become the property of the City,', and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 62. Employee working conditions and respondent's safety The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. 21 - ATTACHMENT A - BACKGROUND INFORMATION The City of Maplewood has had a curbside recycling program for over fifteen years. The City "s current recycling contract requires single family and multi - family complexes to be serviced on an every other week basis. Multi- family complexes may require additional pick -ups as needed. The current contract with the existing Contractor expires on December 31, 2005. The City currently employs a dual stream curbside recycling program. The City supplies recycling containers to single family households. The Contractor supplies recycling containers to multi - family complexes. Recycling pick -ups are scheduled by specific routes every other Monday thru Thursday (see Attachment C for specific routes and 2005 schedule). The City's ordinance prohibits the Contractor from providing service on Fridays. The City is divided into four service areas which correspond to each of the four days recycling is provided. Each of these service areas are further sub - divided into two districts with service occurring every other week. Multi- family complexes are also serviced on this schedule when serviced by the City "s recycling Contractor. The City is currently being billed $96.37 per ton of recyclables collected. The total tons for 2002, 2003, and 2004 are 2,050, 2,359, and 2,331 respectively. These figures do not include an additional 250 to 530 tons of recyclables picked up at multi -unit complexes by vendors not under contract by the City (the City does not reimburse the vendors who service these accounts). The City of Maplewood has approximately 11,38,5 single family dwellings (SFD "s) that are served by curbside recycling using curbside bins. There are approximately 4,500 multi- family dwelling (MFD) units with an additional 540 units planned for completion by the end of 2006. The current population of Maplewood is approximately 37,000 people. Table 1 itemizes the reported tonnage by material for 2004. Currently the City contracts for curbside recycling (e.g., single family households) and most of the MFD apartments units. A number of independent haulers serve other MFD units. The "'Total' column listed below does not include the independent haulers" tonnages. Also the percent of total shown; for 20041 is for tonnage under City contract only. The City shall use following assumptions for purposes of evaluating all proposals on the same basis: Annual recyclable tonnage collected under the City contract = 2,400 tons per year Annual recyclable tonnage collected from City residents not under the City contract (e.g., MFD recyclables collected by independent haulers) = 500 tons per year Single family dwellings and other households that receive "curbside service' using curbside bins= 11,400 housing units Multifamily dwelling buildings that will receive MFD type of service (e.g., carts) _ 5,000 housing units 22 - Table 1 Tonnage Estimates by Material for 2004 (As reported by City "s Contractor and Independent Haulers to City) 03 Liil[11il� ►1 191A] G�krill<' —11 " 1 1 % q ][11 -11 Al ►7 V l i LI �, � A11Lk] G/l�4i.,19 1 9mAlhl [VIL 911►y 11nii1w]:ij] iiR1111,RIC Awl iiiw:il 01 IT T z 011 Ao 4 0 -Im ll ME 19 JIM %I tj 11 11�iFl�:a,l 11� 911 II II II T, fl' 11 I F. ER K 011 ri 011 f3itaur,- f:? :a :dTi;y II II it ,1, 1� fl' G•li9w �!il ,�,�mil� -�� ►Irfl�;a.�l �ii�;�l illy ;y ;ylf'�Il.�.yi#I :.� '' ;i7 � %I ,1, li' , GLl 41 4,1 "A PAa.F Aoml T 1, 1, li' , Aoml II G7 G7 N 011 "I ON NI 111M ly- 41I491%iy P.- Inlll- :ye1'sTi`:y !! ?%I %I nn n !! 01 01 01 T z 011 17 17 17 ,1, Z' 11 ;17 Il,i,il±]IIILi,iitI la,'1a:9'la E,i9 :7ftft. 17,itit,ll II;I];I] "►7t! - 23 - ATTACHMENT B - PRICE WORKSHEET Instructions for Maolewood RFP price worksheet All proposers must fill out at least one of the "'Dual stream "' or "'Single stream' proposal scenario price worksheets. In addition, proposers also may complete the optional "'Additional alternate proposal scenario" worksheet. Proposers may submit multiple scenarios. Vendors may fill in the attached form or use their own in similar formats. However, the contents in the attached price worksheet must be included if alternative formats are submitted. If the vendor proposes under the dual stream' scenario the City will assume a collection service design similar to the current system:' If the vendor proposes under the "'Single stream "' or any "'Additional alternate"' proposal scenarios, the proposal text must explicitly describe the collection service design (e.g., resident materials sorting / preparation requirements, collection frequency, cart size, cart ownership, etc.) The proposed price per ton charge to the City for all recycling services must be completed for each proposal scenario. The basic revenue share formula outline within this RFP can be summarized as a portion of the vendor's materials sales revenue from sale of paper grades and aluminum, less processing costs for these commodities. Alternative revenue sharing formula may be proposed. The City has a stated preference for using the specified published indexes as a means to simplify the accounting of proposed revenue share. Vendors can indicate from zero (0) to 100 percent revenue share for percent of published price index. Thus, vendors can opt out of the revenue share component by simply inserting zero (0) percent for both the paper and aluminum revenue share lines for each scenario proposed'. Alternate revenue sharing formula can be proposed, but these must be clear with examples for each alternate formula. Also, vendors proposing alternate revenue Sharing formula must justify how the monitoring and accounting of the alternate formula will beat least as simple as the basic revenue share formula The City will use the assumed tonnage and material splits in Table 1 for calculating the net revenue share back to the City from all proposers. It is important to note that the City does not guarantee any minimum tonnage or any specific material splits. These are estimates only for purposes of this RFP and comparing the value of any revenue sharing proposals. Under each proposed scenario, proposers must provide the frequency of collection services for that particular scenario. ATTACHMENT B PRICE WORKSHEET (Continued) Company name: Contact person: Title: Phone: Address: E-mail: Note: Proposers must complete at least one of worksheets below. A. "Dual stream" proposal scenario: Proposed price per ton to the City ', per ton of total for all recycling services g recydables Revenue share proposal: percent of published Paper "gross" revenue share percentage %paper price index per ton of all paper Less paper) processing cost per ton '. grades percent of published Aluminum 1 "gross" revenue share percentage '. % aluminum price index Less aluminum processing cost per ton g per ton of aluminum B. "Single stream" proposal scenario: Proposed price per ton to the City per ton of total for all recycling services g recydables Revenue share proposal: percent of published Paper "gross" revenue share percentage % paper price index per ton of all paper Less paper processing cost per ton g grades percent of published Aluminum "gross" revenue share percentage aluminum price index Less aluminum processing cost per ton g per ton of aluminum (Continued) 25 - ATTACHMENT B PRICE WORKSHEET (Continued) Note: In addition to at least one of the previous worksheets, proposers may also submit an "Additional alternate" worksheet below. Proposers must provide adequate descriptions of any such additional alternate proposal (e.g., collection, processing and public education systems designs). C. "Additional alternate" proposal scenario: Short scenario title: Proposed price per ton to the City per ton of total for all recycling services S recyclables Revenue share proposal: percent of published Paper "gross" revenue share percentage % paper price index per ton of all paper Less paper processing cost per ton'. S ',grades '.. percent of published Aluminum "gross" revenue share percentage % aluminum price index Less aluminum processing cost per ton $ per ton of aluminum ATTACHMENT C - CITY ° S 2005 PUBLIC EDUCATION FLYER, ROUTE CALENDAR AND MAPS Community Development 2005 MAPLEWOOD CURBSIDE Materials to Recycle -Paper Newspaper Junk Mail Envelopes Magazines (bundle or put in paper bags) Corrugated cardboard (cut to 2' x 2') Glossy Paper Box Board -Glass Bottles and Jars (Clear, Brown, Green) -Metal All beverage cans All food cans - Plastic Bottles Liquor bottles, milk b Soft drink bottles and: (No caps or rings) #1 Plastic #2 Plastic with seams' Paper milk containers Coated boxes Put bundled and tied no larger than 20 pounds. -Metal - Cans & Plastic Bottles Rinse and place in recvdlinq bin. it rings and rinse. in recycling bin. BOTTLES AND PLASTIC CAN 3E PUT IN ONE CONTAINER rHER — THEY ARE SORTED T THE RECYCLING CENTER. contact Maplewood inity Development Department at 651 MISSED PICKUP Call Onyx Services at 651 -459 -3029 WHERE TO PLACE RECYCLABLES Recyclables will be picked up at the curb every other week on the same day as your normal refuse collection. Materials must be on the curb by 6:30 a.m. Following a holiday, pickup will be one day late for the rest of the week. (Continued) 27 - ATTACHMENT C 2005 ROUTE CALENDAR AND MAPS (Continued) Maplewood Curbside Recycling To find your recycling pickup schedule: 1. Locate your refuse pickup day. 2. Look at the map associated with your day and determine your district. 3. The dates under your district are your recycling pickup dates MONDAY 2005 Jan 10,24 Jan 3,17,31 Feb 7,21 Feb 14,28 March 7,21 March 14,28 April 4,18 April 11,25 May 2,16, *31 May 9,23 June 13,27 June 6,20 July 11,25 July *5,18 August 8,22 August 1,15,29 Sept *6,19 Sept 12,26 Oct 3,17,31 Oct 10,24 Nov 14,28 Nov 7,21 Dec 12,26 Dec 5,19_ *date shown is one I I j QI£tti t i Fit rEaiO4ocesncah c'£rzrst Aw i , I' j , s st A� I ranunav `- Al °ssdsnaas t'JCn kt F rnrt u Fb itrway TUESDAY 2005 Dissict 1 FO remdenctr nc ,fi W-94 94 A residences south oft. 44:.. (Continued) DISTRICT 1 DISTRICT 2 Jan 11,25 Jan 4,18 Feb 8,22 Feb 1,15 March 8,22 March 1,15,29 April 5,19 April 12,26 May 3,17 May 10,24 June 1, 14,28 June 7,21 July 12,26 July *6,19 August 9,23 August 2,16,30 Sept *7,20 Sept 13,27 Oct 4,18 Oct 11,25 Nov 1,15,29 Nov 8,22 Dec 13,27 Dec 6,20 "date shown is one day late for holiday ME ATTACMENT C 2005 ROUTE CALENDAR AND MAPS (Continued) WEDNESDAY 2005 Jan MIN st Districi2 _._. f#i Am B.. ea . `° � ,v� am�rr�wr.�a w DISTRICT DISTRICT Jan 12,26 Jan 5,19 Feb 9,23 Feb 2,16 March 10,24 March 9,23 March 2,16,30 April 7,21 April 6,20 April 13,27 May c May 4,18 May 11,25�i June tt1 FA i a.f June *2,15,29 June 8,22 July rk Utter_ Bea, A."n. July 13,27 July *7,20 August ! August 10,24 August 3,17,31 Sept *9,22 Sept *8,21 Sept 14,28 Oct 6,20 Oct 5,19 Oct 12,26 Nov 3,17 Nov 2,16,30 Nov 9,23,' Dec 1,15,29 Dec 14,28 Dec 7,21' ! *date shown is one day late for holiday m District 2 Al,"den4e se!xti et'�usalawn ,Y 2005 DISTRICT 1 DISTRICT 2 Jan 13,27 Jan 6,20 Feb 10,24 Feb 3,17 March 10,24 March 3,17,31 April 7,21 April 14,28 May 5,19 May 12,26 June *3,16,30 June 9,23 July 14,28 July *8,21 August 11,25 August 4,18 Sept *9,22 Sept 1,15,29 Oct 6,20 Oct 13,27 Nov 3,17 Nov 10, *25 Dec 1,15,29 Dec 8,22 *date shown is one day late for holiday Agenda Item K9 SUMMARY MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Revision PROJECT: Liberty Classical Academy LOCATION: 1717 English Street (Lake Phalen Community Church) DATE: May 19, 2005 INTRODUCTION Project Description Ms. Kathy Smith, representing Liberty Classical Academy, is proposing a revision to an existing conditional use permit (CUP). The city originally approved the CUP in 2003 for a new school (with grades K — 12) for up to 60 students. The school is now asking for a revision to this permit to allow the school to have up to 120 students. DISCUSSION City staff found no major issues with this proposal. The proposed expanded school meets the city's findings of approval for a conditional use permit. As proposed, the school would lease three classrooms and the fellowship hall in the lower level of the church and three rooms on the second level for their functions. Life Safety and Building Code Concerns Ms. Smith has met with Butch Gervais, the Maplewood Fire Marshal, and David Fisher, the Maplewood Building Official, about this proposal. Mr. Gervais and Mr. Fisher provided Ms. Smith with information about their initial concerns. In addition, they have provided me with additional review comments that I have noted below. Butch Gervais had several comments about the proposal. They include not having any type of storage in the hallways, the school maintaining proper exiting from all classrooms, upgrading the fire protection and emergency lights and exits for the school. (Please see his project review comments in my project review memo.) David Fisher, the Maplewood Building Official, also has comments and requirements that the school and church need to address as part of this request. They include meeting the requirements of the accessibility code (parking, providing access routes and possibly changing the bathrooms) and meeting the code standards for exiting from the building. (Please see his memo in my project review memo). Mr. Fisher told me that he has been in contact with the school staff and they are working with city staff to resolve these issues. RECOMMENDATION Staff is recommending approval of the resolution that revises the conditional use permit for the Liberty Classical Academy to operate a school in the church building at 1717 English Street. MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Revision PROJECT: Liberty Classical Academy LOCATION: 1717 English Street (Lake Phalen Community Church) DATE: May 19, 2005 INTRODUCTION Project Description Ms. Kathy Smith, representing Liberty Classical Academy, is proposing a revision to an existing conditional use permit (CUP). The city originally approved the CUP in 2003 for a new school (with grades K — 12) for up to 60 students. The school is now asking for a revision to this permit to allow the school to have up to 120 students. (Please see the letters on pages six and seven.) Liberty Classical Academy is located in the existing Lake Phalen Community Church at 1717 English Street. (See the location and property line maps on pages eight and nine and the other maps on pages 10 - 13.) If successful, the school would eventually serve grades K — 12 (as the children get older and progress through school). Request To have the expanded school in this location, Ms. Smith is asking that Maplewood approve a revision to the existing conditional use permit (CUP). The Maplewood City Code requires a CUP for schools in any location. (Refer to the applicant's statement on page six.) BACKGROUND The church previously had an elementary school (grades K — 8) in the existing building between the years 1978 — 1985. This school had up to six classrooms with an average of 15 students per room. On July 22, 2003, the city council approved the conditional use permit for Liberty Classical Academy. This approval was subject six conditions of approval. Q 6.18111 :9 [a]. The proposed expanded school meets the city's findings of approval for a conditional use permit. As proposed, the school would lease three classrooms and the fellowship hall in the lower level of the church and three rooms on the second level for their functions. With eight full -time and four part -time staff and up to 120 students, the existing parking lot should be adequate to handle the parking needs of the school and the church. There are about 80 total parking spaces with about 60 spaces in the lots to the south of the building and the others behind (to the west) of the building. Traffic A concern of two of the neighbors near the site is the increase in traffic the school would bring to the area. The city designed and built English Street as a collector street. It currently carries about 4,000 vehicles per day between Larpenteur and Frost Avenues and about 6,000 vehicles per day between Frost Avenue and County Road B. In the area by the church, English Street has two traffic lanes and a striped parking lane on each side of the street. City staff estimates that the school, with a maximum population of 120 students (if approved by the city), would add up to 300 vehicle trips per day to English Street. These trips would be divided primarily between the morning and the afternoon as parents drop off and pick up the students. The city engineer told me that this proposal would not cause traffic problems or add enough traffic to exceed the capacity of English Street. Lt. Dave Kvam reviewed this request for the Maplewood Police Department. (Please see his comments in the memo on page 14.) The only public safety - related issue he identified is that created by additional traffic. Specifically, he noted that there could be an increase in motor vehicle accidents with the increase in activity on the site. Life Safety and Building Code Concerns As Ms. Smith noted in her statement, she has met with Butch Gervais, the Maplewood Fire Marshal, and David Fisher, the Maplewood Building Official, about this proposal. Mr. Gervais and Mr. Fisher provided Ms. Smith with information about their initial concerns. In addition, they have provided me with additional review comments that I have noted below. Butch Gervais had several comments about the proposal. They include not having any type of storage in the hallways, the school maintaining proper exiting from all classrooms, upgrading the fire protection and emergency lights and exits for the school. (Please see his project review comments on page 15.) David Fisher, the Maplewood Building Official, also has comments and requirements that the school and church need to address as part of this request. They include meeting the requirements of the accessibility code (parking, providing access routes and possibly changing the bathrooms) and meeting the code standards for exiting from the building. (Please see his memo on page 16). Mr. Fisher told me that he has been in contact with the school staff and they are working with city staff to resolve these issues. It is important to note that the city will require building permits for any remodeling of the existing space and that the city will not allow the school to occupy the second floor of the building until the minimum life safety and building code standards are met. In addition, one should remember that the school is asking for a land use approval and that building code and life safety issues are typically reviewed and handled by city staff after the city council acts on the conditional use permit request. Furthermore, the city council would annually review the conditional use permit to check on the school, its compliance with the conditions and any issues or matters that may arise. COMMISSION ACTION On May 16, 2005, the planning commission recommended approval of the proposed permit revision. RECOMMENDATION Adopt the resolution on pages 17 and 18. This resolution approves a revision to the conditional use permit for the Liberty Classical Academy to operate a school in the church building at 1717 English Street. Maplewood bases this permit revision on the findings required by the code and shall be subject to the following conditions (I have crossed out the deleted language and underlined the new language): 1. The school use shall follow the plans dated April 12, 2005 june 6, 2003 as approved by the city. The director of community development may approve minor changes. 2. The proposed school expansion must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 120 69 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. h. All the improvements and changes listed in and shall meet all the conditions listed in David Fisher's memo dated April 25, 2005. 6. The city council shall review this permit revision in one year. CITIZENS' COMMENTS City staff surveyed the owners and occupants of the 120 properties within 500 feet of the site of the proposed permit revision for the school. Of the seven replies, two were for the proposed revision, two objected and three had comments or concerns. For We hope that you will approve the revision plan for the Liberty Classical Academy. It is wonderful to have such a nice school in our neighborhood. It has given us no trouble at all and is a great place fora school. (Olsons — 1717 Duluth Street) 2. We approve this request with the condition that the school is accessible to all children including children from different religious backgrounds and create scholarship opportunities for talented low- income students. (Lee — 1720 Hagen Drive) Opposed I would prefer to keep the school small. I have a feeling that in a couple of years we will again be asked to OK a revision to increase from 120 to _? With a larger student body and staff, the traffic will increase on English Street. It is busy enough without adding to the traffic. I would suggest that the school start looking now to handle their future growth. (Meyers — 1747 English Street) 2. 1 like it when it is quiet in my neighborhood and I have already heard too much noise from the school. I do not care to see it double in size and I would rather it go away. It is very nice here when you can be in the city and still have a little noise. How long are they going to be there? When do they plan on going? Can the place handle 120 students? I can't! Is it up to code? Fire? Health? (Peters — 1703 Duluth Street) Comments /Concerns /Questions I have no objection to the school expansion. (Swanson — 1685 English Street) 2. 1 have no objections as long as they do not go on the neighbor's property next door. (Walton — 1740 Atlantic Street) 3. 1 have no objections if they keep all the property as recreation area for students and maintain it in its present condition. (Kelly — 1719 Atlantic Street) REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.6 acres Existing land use: Existing church building and school and parking lot SURROUNDING LAND USES North: Single dwellings South: Single dwellings West: Single dwellings across Atlantic Street East: Single dwellings across English Street PLANNING Zoning: R -1 (Single dwellings) ORDINANCE REQUIREMENTS Section 44 -1092 (3) of the city code requires a CUP for schools in any location. Section 44 -1097 (a) of the city code states that the city council may approve a CUP or an amendment, based on nine standards. See numbers 1 — 9 in the resolution beginning on page 17. APPLICATION DATE We received all the materials for a complete application for this request on April 22, 2005. State law requires that the city council act on requests within 60 days. The council must act on this request by June 20, 2005, unless the applicant agrees to a time extension. p:sec16 /LCA 1717 English st CUP revision (2005) Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line /Zoning Map 4. Site Plan 5. Approved School Floor Plan 6. Proposed First Floor School Floor Plan 7. Proposed Second Floor School Floor Plan 8. Project Review Comments from Lt. Dave Kvam 9. Project Review Comments from Butch Gervais 10. Project Review Comments from David Fisher 11. Conditional Use Permit Revision Resolution &itachNent l Anr| \,2005 Dear Maplewood City Council Members; We are presenting uo amendment for the Conditional Use Permit Of Liberty Classical Academy. Liberty Classical Academy ba small private school nf 5? students. Our mission i»to equip students of all backgrounds to grow in wisdom, excellence and purpose by offering an education based uo the higbestacudonu`o standards grounded iva strong classical tradition {�anou di»ductive[yChris6aa\fnddxiew/. Oriamally, LCA was granted a conditional use permit for 60 students, Twenty children per classroom were allowed. /\t that time v/n only needed use nf3 classrooms, With our growth to 57 students in 2004, we had not yet reached our maximurn number of students that was originally granted from the council oVw'e were approved without uoamendment, Our school is growing and now we ask that you would allow us to house up to 120 children iu this facility, This number matches that of the maximum number 0fstudents the church housed in the facility when it had its own school t5-20 years ago. We are aware that we are growing out of this facility and are committed LV finding u new |mcutieoLaaccommodate continued growth. As in any business we are pleased and challenged with growth and ask for yAur assistance uyv/ntransition. Dunn m off the v/mekn(&lmrcb2��n/Q sent out uoiob>cmutieou[ letter to the neighbors. l have attached that letter, VVu highly respect the surrounding neighbors and want |n make sure they are aware of the changes buppnu<u�io/b�iroci�bbqrbuu6. This school has become a tremendous asset not only to Maplewood parents but to parents from all over the - 1 win Cities. lu addition, this year v/c began sports teams that benefited our homeschool community as well as our enrolled families, We have also increased our staff from 3 to 12, adding to the job opportunities in NIaplewood. In 2004 we received a $10,000 library from the Tamet Corporation and the publicity concerning that was connected to Maplewood, The school has lived out the city motto, "Touether We Can." Together, we have -town this sparkle uf a dream called Liberty Classical Academv into a vibrant school which encourages its suidents to strive for excellence �u all they do, Words cannot express our gratitude. We ask for your continued support so we may continue to "grow the dream" and allow additional studena.Vfamilies to benefit from the excellent educational opportunity LCA provides, Respecffu KathlY Smith Academic Distinc ClastcalIm6dioo Ckdstian9Vadr�%imn r 1717 English Street NLplewood, hL`ti ss109 i 2' ^n Lurch 28, 2005 Dear Neighbor On behalf of Libero} Classictrt ricaderrrv, the small pri%sme school meeting in Lake Phalen Communitl, Church. we would like to thank your for welcoming us into your neighborhood. Our school opened the fart of 2003 with 28 stude<ts and has already ,grottri to >' stutiEms this _Gear. The site at Lake Phaien Communit? Church will not suit our lung term needs given its small size. Therefore, in order to accommodate our continued grow - th ; we wilI either be forced to moue to a new facility or split into 2 campuses within i -2 years. Given this situation . the presence of Liberty Classical :Academy will onto affect your neighborhood for the next 1-2 tears. In the meantime hoevever, in order to accommodate our short -tent growth we are pursuing a new C:<nditiotaal Use Permit that would allow us to admit up w 120 students for the 2 -005- 2 -006 school } ear. The :20 student Coriditional Use Permit is equal to the number of students that the church once accommodated in its own school 15-20 years ago. Our students are thr e mg in hie higMv stimulating environment that e Classical Christian school provides. We appreciate your continued support for the next couple of years. Sincereiv. Rebekah Hagstrem Director AcademicDism classealgratiinon Christian korldview 7 Attachment 2 PAUL M PH Luke MWARMER�wIffig"i 3RD '4� M AVE I FE,NTPN AVE. O Z AVE z'23, 0 DON FR6W RVE. 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Y.fj IE 4 N a -- �I o m L L r v T G i 1112 -w v t Cf; U: < I� L I �I i + a 12 13 Attachment 7 `E 4 N QJ tll L ib eny Cla ssica l Acad z/°/ ' - t� `E 4 N Attachment 8 MaplewoM PL} licp To: Ken Roberts Z From: Lt, Dave Kvam Date: 4/19/2005 Re: Project Review, Liberty Classical Academy, 1717 English St. After revieving the proposal the only public safety-reiated issue I've identified is that created by additional traffic. With the possibility of doubling are number of vehicles trying to turn in and out of the address, there is an increased likelihood of motor vehicle accidents. Parents droppin,( students off or picking them up should not create a hazard if they abide by the parking restrictions on the west side of English, If however, parents more those signs there could be a problem due to the volume of traffic in the morning and afternoon hours, M 15 Attachment 9 Plan Review Comments Date; 4121/200 Project: Liberty Academy Planner: Ken Roberts Reviewed by: Butch Gervais, Fire Marshal Comments: 1. The shall not be any type of storage in the hallways, 2. There is a need to install fire protection system in the building, with the addition of more children the concern for life safety shalt be the first priority. This is to done according to the letter submitted to the city on June 6, 2003. Plans nccd to cc submitted to the Fire Marshal for approval, 3 1. Proper exiling from all classrooms and the building shall be properly maintained. A. Emergency lighting shall be installed and maintained in hallways leading to exits, 5. Fire Alarm systern shall be installed and mauitained according to code. 1516 Attachment 10 MEMORANDUM T(): Ken Roberts, Planner PBO&l: David Fisher, Buildin Official ' DATE: /\pri)25,2805 SUBJECT: Liberty Classical Acaderny Expanding from 60 to 120 Students at 1717 English Street After researching the files and the history of Lake Phalen Church I found the following: The church was built iu[907as Gladstone Baptist Church. lulA75 Gladstone Baptist Church had u special use permit for temporary trailer classroom. In 1978, an addition was built using the Uniform Building Code type ITI-V heawy timber for a school preschool through the 4 m a�mdo. Io<98l, Gladstone Christian Academy was approved for u preschool with 2U children u,g*o two to six years old. In 2003, Lake Phalen Communit Church & Liberty Classical Academy obtained a conditional use permit for a K'8 school up\u60 students. All classes were ou the lower level that has uu accessible route. /u2OO4 Liberty Classical Academy asked i{ they could use the upper 1cvn1o.Thu Fire Marshal and the Building Official allowed the use ofthe second level with an up-rade of the fire alarm system and the door hardware. The use of the third level was allowed for book storage only but uu Students were allowed uu the third level. After walking through the building on April 1 .0, 2005, tire following items would be required to allow the increase from 60 to 120 students: ! Recommend the school obtain an architect as a code consultant to idenfify all the code requirements, 2. Obtain a certificate vfOccupancy, I Install u water main for Fire sprinkler system after the third year 2086 and iuZ007 after the fourth year complete the Fire sprinkler system per the oripinal conditional use permit from 2003. 4. The State Buildin Code 134J Chapter for accessibility requires that 20 percent of the value of construction work be spent on accessibility, To meet the requirements for accessibility the following items are required: - Provide accessible door hardware in the areas where the students have occupancy. ' Provide panic door buzdvvareou all exit doors. Provide an accessible drinkim fountain. A cup dispenser would be acceptable next to the existing drinking fountain. Provide handrails that extend 23 inches bevond the bottom and top step on one side. `[o use the third level for library the follow code items are required: - Provide 42-iouh guardrail ot landing hy stairs Lo3°|xrn|� ' Provide fire door into |ihoary room ut third level and maintain occupant load of less than ten iu the library, ' Provide grippable handrait5 on both sides with required returns on all stairs. ' Provide u fire alarm iolibrary. 5. Obtain a building permit for the one-hour fire door to the library and for the wall installed on the second level to divide the classroom into two classrooms. It must meet the flame spread requirement and be structurally sound. 6. All doors with closers must remain shut Loprotect the exiting, r)u not prop doors open with wedges. Magnetic hold open tied to the fire u|uoo would lie acceptable if the doors need tnhoopen. 7. Fire alarm system will bw required throughout the building, & Remove brush pile outside of the huildiu 0. Recommend dbroputerhe screened within one year of date of the conditional use permit. 10. Recommend to scrape and paint trim as needed within one year of'date of the conditional use permit. Note: if the upper levels are used u certificate of occupancy i^required. Cc: Butch GHrv8{a,Fire Marshal WIN MIN Attachment 11 ��]kU] III III [a]� /eR�by� »:7 WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood approve a revision to the conditional use permit for a school to operate in an existing church. WHEREAS, this permit applies to the property at 1717 English Street. The legal description is: The North 262 feet of the South 531.5 feet of the East '/2 of the SE '/ of the SE '/, subject to streets, in Section 16, Township 29, Range 22 (PIN 16- 29 -22 -44 -0021) WHEREAS, the history of this conditional use permit is as follows 1. On May 16, 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 June 13, 2005, the city council reviewed this proposal. At this meeting the council considered reports and recommendations of the city staff and planning commission. The council also gave everyone at the meeting a chance to speak and present written statements. NOW, THEREFORE, BE IT RESOLVED that the council approve the above - described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic 7 18 features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The school use shall follow the plans dated April 12, 2005 '� � a 6,2003, 2003 as approved by the city. The director of community development may approve minor changes. 2. The proposed school expansion must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 120 69 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. h. All the improvements and changes listed in and shall meet all the conditions listed in David Fisher's memo dated April 25. 2005. 6. The city council shall review this permit revision in one year. The Maplewood City Council adopted this resolution on June , 2005. 8 19 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 16, 2005 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:03 p.m. II. ROLL CALL Commissioner Eric Ahlness Present Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Absent Chairperson Lorraine Fischer Present Commissioner Michael Grover Absent Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Tom Ekstrand Senior Planner Ken Roberts Planner Chris Cavett Assistant City Engineer Lisa Kroll Recording Secretary III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda. Commissioner Ahlness seconded. Kaczrowski,Pearson, Trippler, Yarwood Ayes — Ahlness, Desai, Fischer, The motion passed. 1vm111-311 log: 1 *11NI.14.1 b. Conditional Use Permit (CUP) Revision — Liberty Classical Academy (1717 English Street) (7:16 -7:33 p.m.) Mr. Roberts said Ms. Kathy Smith, representing Liberty Classical Academy, is proposing a revision to an existing conditional use permit (CUP). The city originally approved the CUP in 2003 for a school (grades K -8) for up to 60 students. The school is now asking for a revision to this permit to allow the school to have up to 120 students. 10 20 Liberty Classical Academy is located in the existing Lake Phalen Community Church at 1717 English Street. If successful, the school would eventually serve grades K -12 as the children get older and progress through school. Commissioner Trippler asked if the resolution could be changed to state that all ten items listed by the Building Official, David Fisher, be completed before Liberty Classical Academy could increase the number of students beyond 60? Mr. Roberts said there are some items on the building officials list that are to be done in 2006 -2007 so clearly those things could not be done before school began in September 2005. Most of the other conditions could be met before the expansion which is especially important for expanding to the second level since the school has been operating from the lower level. Mr. Roberts stated he would be more comfortable leaving the resolution as it is stated. In number 5., letter h. it states that the conditions listed in David Fisher's memo shall be met so he feels comfortable with that. Chairperson Fischer asked the applicant to address the commission. Ms. Kathy Smith, 1964 Price Avenue, Maplewood, representing Liberty Classical Academy, addressed the commission. She thanked the planning commission for allowing the school to move forward in 2003 and said the school is doing very well. They have the same desire to have the school move forward and be a safe environment as the Building Official and Fire Marshal have requested. Liberty Classical Academy plans on completing everything listed in the staff report and have no problem meeting the conditions. Ms. Rebecca Hagstrom, Director of Liberty Classical Academy, 1717 English Street, Maplewood, addressed the commission. She wanted to bring to staffs attention that on page 18 of the staff report that the new resolution was not updated. Mr. Roberts apologized that the conditions listed on page 3 of the staff report did not get included in the resolution on page 18. He said he would update that before this goes to the city council. Ms. Hagstrom said on the first page of the staff report it states that Liberty Classical Academy is a K -8 school and would become a K -12 school. However, the school has been adding one grade to the school every year so that should be changed to reflect that. Mr. Roberts said he would update that information as well in the report. Mr. Allan Franz, 1560 Furness Parkway, St. Paul, addressed the commission. He is an elder at the Lake Phalen Community Church and he just wanted to say the school has been a very good addition and he wanted to voice his support for Liberty Classical Academy. Chairperson Fischer asked if anyone else wanted to speak regarding this item. 11 21 Nobody came forward. Chairperson Fischer closed the public hearing portion of the meeting. Commissioner Ahlness said page 3, item 5. h., covers what needs to be said and feels the wording is not necessary to be changed. Commissioner Trippler said he is concerned about increasing the number of students from 60 to 120 and is concerned about these things not being complete before school begins again in September. He likes staff's language as well but it doesn't state the items requested by the Building Official need to be completed before increasing the number of students from 60 to 120 students. Commissioner Ahlness says on page 16 of the staff report, the building official stated what would be required before increasing the number of students. In his opinion, that has been adequately stated and the applicant has shown a desire to have a safe environment and a willingness to comply with everything. Chairperson Fischer agreed with the comments by Commissioner Ahlness. Commissioner Ahlness moved to adopt the resolution on pages 17 and 18 of the staff report. This resolution approves a revision to the conditional use permit for the Liberty Classical Academy to operate a school in the church building at 1717 English Street. Maplewood bases this permit revision on the findings required by the code and shall be subject to the following conditions: (deleted language is crossed out and new language is underlined) 1. The school use shall follow the plans dated April 12, 2005 juRe 6i903 as approved by the city. The director of community development may approve minor changes. 2. The proposed school expansion must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 120 69 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). 12 22 c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. h. All the improvements and changes listed in and shall meet all the conditions listed in David Fisher's memo dated April 25, 2005. 6. The city council shall review this permit revision in one year. Commissioner Pearson seconded. Ayes — Ahlness, Desai, Fischer, Kaczrowski,Pearson, Trippler, Yarwood The motion passed. This item goes to the city council on June 13, 2005. 13 23 Agenda Item K10 MEMORANDUM TO: City Manager, Richard Fursman FROM: Assistant City Manager, Melinda Coleman SUBJECT: TCCCF Participation DATE: June 6, 2005 INFORMATION On February 14, 2005, Scott Martin, from the Northland Institute, made a presentation to the City Council about the Twin Cities Community Capital Fund ( TCCCF). The purpose of the presentation was to inform the City Council about how the capital fund works. The TCCCF is an economic development financing resource that will leverage millions of dollars in revolving loan funds. DISCUSSION HOW DOES THE FUND WORK? TCCCF is a nonprofit membership corporation and is governed by the members. Members can join at 3 levels: $200,000, $100,000, or $50,000. The fund will begin operating after the initial $2 million capitalization goal has been reached. Members can originate loans of up to ten times the amount they have on deposit with the fund. If the city funds $50,000, we would be able to originate loans of up to $500,000 with no limit on the number of loans that any one member can originate. This fund will be self- sustaining and members will determine which projects they wish to support through the TCCCF Loan Fund, which can be used as a gap- financing source for nearly any local economic development project. Membership in TCCCF comes with a money back guarantee. Members may withdraw their money from the loan fund escrow account anytime after three years from the date of deposit. RECOMMENDATIONS A. Authorize city staff to execute the attached Participation Agreement and Loan Fund Agreement for the TCCCF in Attachment 1. Funding for this program is available in the Redevelopment Fund. There are proceeds from the sale of the Larpenteur Avenue properties in the fund that the city can apply to this activity. B. Adopt the revised budget for the Redevelopment Fund as indicated on Attachment 2. P: mi sc. TCCCF. ccreport.6.06.05 Attachments: 1. Participation Agreement and Loan Fund Escrow Agreement 2. Redevelopment Fund Appendix Attachment I PARTICIPATION AGREEMENT Twin Cities Community Capital Fund THIS AGREEMENT ( "Agreement ") is made effective as of this day of 20 by and between Twin Cities Community Capital Fund, a Minnesota non - profit corporation ( "TCCCF ") and those entities (" Member(s)" ), which have signed a "Participation Agreement Signature Page" to he attached hereto, according to the terms and conditions which follow: I. Defined Words. Unless otherwise specified herein, the words defined in the Membership Disclosure Statement of the Twin Cities Community Capital Fund dated January 15, 2005 (the "Disclosure Statement ") when capitalized in this Agreement shall have the same meaning as set forth in the Disclosure Statement. 2. Participation Amount Member agrees as and for its Membership in TCCCF that it shall contribute, by certified check, bank money order, or other immediately available funds, the amount of its participation as set forth on the Participation Agreement Signature Page ( "Participation Amount ") by submitting 10% of the Participation Amount to TCCCF as a Working Capital Loan and 90% of the Participation Amount to Wells Fargo Bank Minnesota, N.A. for the Loan Fund Escrow Account. 3. Loan Fund Participation. Upon execution of this Agreement, Member hereby agrees to execute the Loan Fund Escrow Agreement and deliver to TCCCF a completed Loan Fund Escrow Agreement Signature Page, together with Member's certified check, bank money order, or other immediately available funds in the amount of ninety percent (90%) of it's Participation Amount (the "Member Funds"), payable to "Wells Fargo Bank Minnesota, N.A., Escrow Agent, Twin Cities Community Capital Fund Loan Fund Escrow." 4. Working Capital Member agrees and acknowledges that ten percent (10%) of the Participation Amount shall be paid in the form of a loan or grant to TCCCF for use as working capital ( "Working Capital "). Upon the execution of this Agreement, member shall provide TCCCF with a certified check, bank money order, or other immediately available funds in the amount of ten percent (10 of its Participation Amount, payable to Twin Cities Community Capital Fund and specifying whether said funds are being provided as a loan or grant. A Working Capital loan shall be a zero interest loan that will be repaid by TCCCF beginning no later than October 1, 2010, in four equal annual installments. Earlier repayment of outstanding Working Capital loans shall be made at the discretion of the TCCCF Board of Directors. 5. Member Participation. TCCCF agrees that upon receipt of the funds and documents as described in Section 3 and 4 above, it will deliver Member's Loan Funds (the "Member Funds ") and the Loan Fund Escrow Agreement Signature Page to the Escrow Agent and, upon acceptance by the Escrow Agent, the Member Funds shall be deposited into the Loan Fund Escrow and Member shall be entitled to all of the privileges of membership in TCCCF as set forth in its Articles of Incorporation, Bylaws and this Agreement. 6. Rights of Membership. TCCCF agrees that Members of TCCCF have, in addition to the rights of Members as set forth in the Articles of Incorporation and Bylaws of TCCCF, the following rights: (a) Members are able to originate individual Development Loans of up to ten times the Unencumbered Amount of their Participation Amount and contribution to TCCCF. However, the standard maximum individual loan amount is $1,000,000 for regular TCCCF Development Loans and $1,500,000 for projects that are eligible for New Markets Tax Credits. A limited number of projects may be eligible for loans of up to $2,000,000, subject to Loan Purchaser approval. There is no limit on the number and aggregate amount of loans that can be made at the request of a Member. (b) TCCCF will work closely with Members, prospective borrowers, and other lenders in analyzing and structuring financing transactions that will best meet the needs of both borrowers and other participating lenders. TCCCF wilt be responsible for Development Loan closings and negotiating the sale of Development Loans to the secondary market pursuant to a written purchase agreement (the "Loan Purchase Agreement"), Credit Reserves: Loan Discounts (a) The originating Member of each Development Loan shall arrange for the funding of a credit reserve in the amount required by the Loan Purchaser and shall make said funds available to TCCCF on or before the closing of the Development Loan ( "Credit Reserve"). Members may allocate hinds that they have deposited in the Loan Fund Escrow Account to satisfy the Credit Reserve requirement for individual Development Loans, or require that the borrower provide the reserve. A Credit Reserve of between five and twenty percent (5- 20°1x) of the principal amount of the Development Loan will typically be required for a period of 12 to 18 months following the closing of the sale to the Loan Purchaser. TCCCF will hold and administer all Credit Reserves established in connection with Development Loans made under the Program. TCCCF will release such reserves to the party funding the credit reserve, without interest, only as provided in the credit reserve deposit agreement or similar agreement with the Loan Purchaser. (b) In the event the price offered by the Loan Purchaser is discounted from par value (face amount of the loan), the originating Member will be responsible for arranging funding of the difference between the par value and the loan sale price, said funding to be supplied to TCCCF on or before the closing of the Development Loan. In the event the - Development Loan is sold at a premium, the originating Member will receive, at closing, the Development Loan premium payment (the amount paid by the Loan Purchaser in excess of the face amount of the loan). (c) Except as set forth in this section, Members do not incur any expenses, costs, or obligations with respect to Development Loans they originate under the Program. All fees and out -of- pocket expenses in connection with the origination of a Development Loan shall be the responsibility of the borrower. The actual credit reserve requirement or any discount from par value will be a condition of the loan purchase commitment. The originating Member may decline to proceed with the Development Loan without any obligation at any time prior to the formal written approval of the Development Loan by Member. 8. Loan Closing Procedures and Requirements. TCCCF shall comply with all procedures for draws from, and reimbursement to, the Loan Fund Escrow as set forth in the Loan Fund Escrow Agreement, and further agrees as follows; (a) Closing Agent All loan closings shall be administered by a title company or other closing agent (the "Ching Agent") selected by TCCCF. (b) loan Funding No loan may he closed until TCCCF or the Escrow Agent holds funds of the Loan Purchaser or other interim lender in an amount sufficient to purchase the Development Loan at the price set forth in the Loan Purchase Agreement, together with additional monies supplied to the Closing Agent pursuant to Section 7(b) to fund any discount from par. (c) Closing Procedure TCCCF will direct the Escrow Agent to wire transfer closing funds to the Closing Agent on the day of loan closing, provided that TCCCF has determined that all conditions to loan disbursement have been satisfied, other than those conditions the Closing Agent is to determine have been satisfied pursuant to loan closing instructions provided to the Closing Agent by TCCCF. 9. Withdrawal of Member Funds At any time after the third anniversary of its first transfer to the Loan Fund Escrow, a Member may withdraw, without interest, the Member Funds, except for any amounts designated and held as a Credit Reserve (the "Unencumbered Amount"), upon 30 days advance written notice to TCCCF and to the Escrow Agent. If the requested withdrawal would reduce Member's Unencumbered Amount to less than $5,000, Member's entire Unencumbered Amount shall be returned to Member, without interest, and its participation in the Program shall thereupon be terminated. 10. Assignment of Interest and Income. Member hereby appropriates and assigns to TCCCF all income and revenue derived from Member Funds on deposit in the Loan Fund Escrow. This assignment and direction are irrevocable until the member's account no longer has a positive balance. 11. Investments Authorized Member Funds on deposit in the Loan Fund Escrow shall be invested only in Permitted Investments as specified in the Loan Fund Escrow Agreement. 11 Escrow Agent Fees and Expenses The fees and expenses of the Escrow Agent shall be as provided in the Loan Fund Escrow Agreement, as such fees may be revised from time to time. 13. TCCCF Designated as Agent of Member Member hereby irrevocably designates TCCCF as its agent during the term of this Agreement and any extensions thereof with respect to the following matters: (a) To take such steps as reasonably necessary to allow TCCCF to carry out the directions given by Member pursuant to this Agreement and the Loan Fund Escrow Agreement; (b) To provide directions to Escrow Agent with respect to the disbursement, administration, and investment of monies held in the Loan Fund Escrow within the limitations set forth in the Loan Fund Escrow Agreement; and (c) To establish and from time-to-time modify Escrow Agent's compensation and expense reimbursement as provided under the Loan Fund Escrow Agreement. 14. Term and Termination Unless earlier terminated as provided herein, this Agreement shall be for an initial term that ends on the third anniversary date of Member's first deposit of monies into the Loan Fund Escrow, and shall automatically renew for successive terms of one year each. TCCCF reserves the right to terminate Member's participation at any time by action of TCCCF's Board of Directors. Member may terminate its participation at any time on thirty (30) days' written notice to TCCCF. However, such termination during the initial term shall be subject to the limitations on withdrawal of Member Funds set out in Section 9. i5. Benefit and Assignment This Agreement shall be binding upon the respective parties and their successors and assigns. No assignment of this Agreement by Member shall be effective unless (i) specifically approved in writing by TCCCF in its sole discretion, and (ii) the assignee has specifically assumed all of Member's obligations under this Agreement and any related documents. 16. Notices to TCCCF and Member All notices and other communications required or permitted by this Agreement shall be in writing and shall be deemed given to the party when sent by United States mail, delivered to the appropriate address by hand or by a nationally- recognized overnight courier service (costs pre - paid), or sent by facsimile or e-mail addresses and marked to the attention of the person (by name or title) designated below or to such other address, facsimile number, e-mail address, or person as the party may designate by notice to the other parties. To: Twin Cities Community Capital Fund Attn: Scott Martin 13911 Ridgedale Drive, Suite 260 Minnetonka, MN 55305 Fax: (952) 541 -9684 smartmCatcccf.ore To: Member at the address, facsimile number, or a -mail address shown on the Participation Agreement Signature Page. 17. Amoultment of Authorized Representative by Member Member hereby appoints as its authorized representative the person designated on the signature page of this Agreement. Member may change the Authorized Representative at any time upon notice to TCCCF as provided herein. TCCCF may rely upon all directions given by the designated Authorized Representative- I& Counteroarts This Agreement may be- executed in counterparts, which, taken together, shall constitute one original. The parties agree that this Agreement may be transmitted among themselves by facsimile. The parties intend that the faxed signatures constitute original signatures and faxed agreements or counterparts containing the signatures (original or faked) shall be binding on each of the parties. 19. Aonlicable Law This Agreement shall be governed by and construed in accordance with Minnesota law. 20. Suitability and Risk. Member warrants that: (i) it has read the Member Disclosure Statement; (ii) it understands and assumes the risks of membership in TCCCF; and (iii) it meets the qualifications for membership. TwtN Crrtt3s CobttVtmay CAPITAL FUND By Its Dated: 2005 Appendix B LOAN FUND ESCROW AGREEMENT Twin Cities Community Capital Fund This Loan Fund Escrow Agreement is made effective as of this _ day of 20 _ by and among TWIN CITIES COMMUNITY CAPITAL FUND, a Minnesota nonprofit corporation (" TCCCF"), WELLS FARGO BANK MINNESOTA, N.A. ( "Escrow Agent "), and those entities executing this Agreement and depositing funds with Escrow Agent pursuant to this Agreement ("Member(s) "). Preliminary Statement TCCCF (the "Fund ") has been established as a means to allow municipalities, counties, nonprofit and for -profit economic development organizations, development - oriented venture funds, public charity and private foundations involved in economic development activities within the Minnesota Counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, and other public and private organizations to pool resources in facilitating economic development lending in the Twin Cities Metropolitan Area. Each of the Members desiring to participate in TCCCF has executed a Participation Agreement of even date herewith in connection with such participation, and is prepared to deposit fiords with Escrow Agent to be held and administered as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Loan Fund Escrow The purpose of this Agreement is to establish the escrow account that will receive, hold, and disburse (a) monies placed in escrow by Members pursuant to the Participation Agreement, and (b) funds placed in escrow by purchasers of Development Loans made under the Program. 2. Definitions Unless otherwise specified, the following terms shall mean: "Agreement" means this Loan Fund Escrow Agreement. "Authorized Representative" means the person(s) designated by resolution of the Board of Directors of TCCCF as authorized to give directions to Escrow Agent on behalf of TCCCF. "Credit Reserve" means a credit reserve with regard to a Development Loan, as set out in Section 7 of the Participation Agreement. "Development Loan" means a business or community development loan approved by TCCCF. "Escrow Agent" means Wells Fargo Bank Minnesota, N.A. "Escrow Agreement Signature Page" means the signature page of this Agreement in the form of Schedule I of this Agreement. "Loan Fund Escrow" means the escrow account established pursuant to this Agreement. "Loan Purchase Agreement" means the agreement between the Loan Purchaser and TCCCF for the purchase of particular Development Loan. "Loan Purchaser" means a secondary market purchaser of Development Loans made by TCCCF. "Loan Purchaser Funds" means monies placed in the Loan Fund Escrow by a Loan Purchaser to fund the purchase of a Development Loan. "Member Account" means the account maintained by TCCCF on behalf of each Member to show the principal balance held in the Loan Fund Escrow for the benefit of each Member. "Member Funds" means the funds deposited by Members in the Loan Fund Escrow created by this Agreement. "Member(s) " means those entities that have executed a Participation Agreement and which have deposited funds with Escrow Agent pursuant to this Agreement. "Participation Agreement" means the Participation Agreement executed by each Member participating in the Program. "Permitted Investments" means investments permitted to government entities under Minnesota Statutes Chapter I I SA. " TCCCF" means Twin Cities Community Capital Fund, a Minnesota nonprofit corporation. "Unencumbered Amount" means, with respect to any Member, the balance in its Member Account, less any portion thereof that Member has designated as a Credit Reserve to support a Development Loan originated by such Member. 3. Deposit of Member Funds and Establishment of Escrow Account (a) TCCCF shall deliver to Escrow Agent from time to time an Escrow Agreement Signature Page which has been executed by a Member and by TCCCF, together with Member's certified check, bank money order or other immediately available funds payable to Escrow Agent iti'the amount set forth on the Escrow Agreement Signature Page. Escrow Agent, upon execution of the Escrow Agreement Signature Page and deposit of the funds delivered in the Loan Fund Escrow, shall be deemed to have accepted the obligations of Escrow Agent with respect to such funds. 7 Escrow Agent shall provide TCCCF with a facsimile copy of the fully executed Escrow Agreement Signature Page. (b) Escrow Agent shall maintain one escrow account for all Member Funds, aril such funds shall he deposited and commingled in the Loan Fund Escrow. (c) Escrow Agent shall (i) maintain records with respect to deposits and withdrawals to and from the Loan Fund Escrow and the dates of such transactions, (ii) provide TCCCF with a monthly report showing, among other things, deposits and withdrawals to the Loan Fund Escrow and the total amount of income earned on the Loan Fund Escrow since the last report. Each Member shall assign its respective share of the income to TCCCF as consideration for the services provided by TCCCF under the Program. The Escrow Agent shall not be required to maintain individual Member Account records or to provide individual reports to Members, or to compute on an individual Member basis the amount of income earned on Member Funds held in the Loan Fund Escrow. i 4. Fund Not Limited In Amount. There is no limit upon the number of Members or the aggregate amount that may be deposited in the Loan Fund Escrow by Members, provided that the aggregate of any individual Member's deposit in the Loan Fund Escrow plus the amount of aWorking Capital Loan plus the amount of any contributions may not be more than $200,004. 5. Disbursements from Loan Fund Escrow (a) Minimum Initial Funding In the event Escrow Agent has not received a minimum of $1,800,000 in Member Funds and TCCCF has not received $200,000 in Working Capital from Members, together with their respective Escrow Agreement Signature Pages by October 1, 2005, the Loan Fund Escrow shall terminate and Escrow Agent shall return to Members, without interest, the amount each Member deposited. Upon termination of the Loan Fund Escrow, the Escrow Agent shall pay all interest earned on escrowed funds, net of Escrow Agent's fees and expenses, to TCCCF. (b) Disbursement of Loan Funds Escrow Agent shall disburse Loan Purchaser Funds to the Closing Agent upon TCCCF providing Escrow Agent with a request signed by an Authorized Representative of TCCCF stating: (i) TCCCF requests a transfer of fiords from the Loan Fund Escrow in the amount of $ as of the closing date of a Development Loan by TCCCF to (name of borrower) in the principal amount of $ (the "Development Loan'. (ii) The advance requested will be used to fund the principal amount of the Development Loan to borrower and the request is made that the Member Funds be transferred by wire to at (title company or closing agent) for the account of TCCCF on 20 by o'clock .m.. E:3 (iii) TCCCF has received a commitment for the sale of the Development Loan to ( "Loan Purchaser"), at a sale price of $ payable by wire transfer as of the same day Member Funds are transferred pursuant to this request. In the event the principal amount of the Development Loan exceeds the advance requested by TCCCF pursuant to this Agreement, such difference will be funded by the originating Member or from other sources. (iv) The Member Funds advanced to TCCCF will not be irrevocably advanced by TCCCF to fund the Development Loan until TCCCF has confirmed with Escrow Agent that Escrow Agent has received a wire transfer from Loan Purchaser in an amount equal to the amount advanced by Escrow Agent to the title company or closing agent with respect to such Development Loan pursuant to 5(b)(i) and (ii) of this Agreement, and until (1) any discount from the face amount of the Development Loan (based upon the Loan Purchase Price) has been funded and transferred to the Closing Agent, (2) any credit reserve required by the Loan Purchaser has been fully funded, and (3) all conditions for disbursement of the Development Loan have been satisfied. (c) Withdrawal of Member Funds At any time after the third anniversary of its first transfer to the Loan Fund Escrow, a Member may withdraw the Unencumbered Amount of its Member Account upon 30 days' advance written notice to TCCCF and to Escrow Agent specifying the amount the Member wishes to withdraw. If the requested withdrawal would reduce the balance in the Member's Account to less than $5,000, the entire balance in its Member Account shall" be retuned to Member, without interest, and its Member Account shall be deemed closed, 6. Distribution of Interest and Income Derived from Loan Fund Escrow Deposits made by Members into the Loan Fund Escrow are the property of the respective Members, subject to the Escrow Agreement and the Participation Agreement. Each Member, pursuant to the Participation Agreement, has assigned and appropriated to TCCCF all interest and income eared upon their respective deposits in the Loan Fund Escrow and each Member hereby directs Escrow Agent to distribute to TCCCF periodically (no less frequently than semi - annually) from the Loan Fund Escrow all interest and income earned upon their respective deposits held in the Loan Fund Escrow, net of fees and expenses of Escrow Agent. The assignment contained in the Participation Agreement and the direction to Escrow Agent set forth in the previous sentence are irrevocable until the Member Account no longer has a positive balance. 7. Investments Authorized Monies in the Loan Fund Escrow shall be invested only in Permitted Investments pursuant to directions of TCCCF as agent of Members. 8. Escrow Agent as Depository, Fees and Expenses (a) The Escrow Agent hereunder, pursuant to the instructions contained in this Agreement, is a depository only and is not a party to or bound by any other agreement or W undertaking other than as set forth herein. Escrow Agent is not responsible or liable in a ny **tanne for the sufficiency, correctness, genuineness or validity of the Participation Agreement or related documents and undertakes no responsibility or liability for the form of execution thereof or the identity, authority, title or other rights of any person executing or depositing funds or documents hereunder or thereunder. (b) Escrow Agent shall be entitled to rely on all instructions received in writing from TCCCF pursuant to this Agreement. (c) Escrow Agent fees and expenses during the term of this Agreement shall be determined by separate letter agreement from time to time between Escrow Agent and TCCCF, as agent of the Members. Fees and expenses of Escrow Agent shall be deducted from interest earned upon the Loan Fund Escrow. 4. Liabil ty of Escrow Agent The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith or for anything that it may in good faith do or refrain from doing in connection with the foregoing instructions. No liability will be incurred by Escrow Agent if, in the event any dispute or question as to the construction of the directions, it acts in accordance with the opinion of its legal counsel. 10. Adverse Claims In the event of any disagreement, or the presentation of adverse claims or demands in connection with any item affected by the instructions contained within this Agreement, Escrow Agent shall refuse to comply with any such claims or demands during the continuance of the disagreement and shall refrain from delivering any item affected. In so doing Escrow Agent shall not become liable to TCCCF or any Member or any other person due to its failure to comply with any adverse claim or demand. Escrow Agent shall be entitled to continue, without liability, to refrain and refuse to act: (a) Until all the rights of the adverse claimants have been fmally adjudicated by a court having jurisdiction of parties and the items affected, after which time Escrow Agent shall be entitled to act in conformity with such adjudication; or (b) Until all differences have been adjusted by agreement and Escrow Agent has been notified in writing of the adjustment, jointly or in counterparts by the undersigned and by all persons making adverse claims or demands. Escrow Agent shall be protected in acting in compliance with such notice. 11. TCCCF Desienated as Agent of Member Member hereby irrevocably designates TCCCF as its agent during the term of this Agreement and any extension thereof and Escrow Agent is hereby authorized to follow directions of TCCCF with respect to the following matters: (a) all directions set forth in this Agreement; (b) assignment of a Member's interest by a Member to a third party if requested by a Member, provided, TCCCF provides to Escrow Agent an agreement of assignment and assumption by and between the Member and the assignee whereby the 10 Member assigns its interest in the Member Funds which have been deposited in the Loan Fund Escrow and its obligations under this Agreement and the assignee assumes such obligations; (f j termination of this Agreement. 12. Term and Termination This Agreement shall be for an initial term that ends on October 1, 2008, and will automatically renew for successive one year terms thereafter unless earlier terminated. This Agreement may be terminated by TCCCF by giving Escrow Agent 40 days' advance written notice of termination and may be terminated by Escrow Agent by giving TCCCF 40 days' advance written notice of termination. In the event a successor Escrow Agent is not appointed by the effective date of termination the Member Funds shall be refunded to the (c) directions to Escrow Agent with respect to the investment of monies held in the Loan Fund Escrow within the limitations set forth in Section 7 of this Agreement; (d) establishment and modification of terms of Escrow Agent compensation and expense reimbursement as provided under this Agreement; (e) assignment of the interest of Members under this Agreement and in the Loan Fund Escrow to a successor Escrow Agent and release of Escrow Agent upon assignment; and 13. Benefit This Agreement shall be binding upon the respective parties' successors and assigns. 14. Effective Date This Agreement shall become effective upon the execution of this Agreement by Escrow Agent and TCCCF. This Agreement shall become effective as to each Member upon the date the Member signs this Agreement. 15. Notices to Escrow Agent and TCCCF All notices and other communications required or permitted by this Agreement shall be in writing and shall be deemed given to a party when sent by United Stag trail, delivered to the appropriate address by hand or by a nationally recognized overnight courier service (costs prepaid) or sent by facsimile or c -mi ii with confirmation of transmission by the transmitting equipment to the following addresses, facsimile numbers or e-mail addresses and marked to the attention of the person (by name or title) designated below or to such other address, facsimile number, e-mail address or person as a party may designate by notice to the other parties: TO: Twin Cities Community Capital Fund Attention: Scott Martin 13911 Ridgedale Drive, Suite 260 Minnetonka, MN 55305 Fax: (952) 541 -9684 smartin&cccforg 11 TO: Wells Fargo Bank Minnesota, N.A. Attention: TO: Member at the address, facsimile number, or e-mail address as is designated on the Escrow Agreement Signature Page. 16. Benefit: No Third Party Beneficiaries This Agreement is entered into for the ,,Benefit of TCCCF, Escrow Agent and the Members which sign this Agreement and their respective successors and assigns. There are no third party beneficiaries to this Agreement. 17. CounteMarts This Agreement may be executed in counterparts, which, taken ether, shall constitute one original. The parties agree that this Agreement may be transmitted ong themselves by facsimile. The parties intend that faxed signatures constitute original natures and a faxed Agreement or counterparts containing the signatures (original or faxed) binding upon all the parties. 18. Entire Agreement This Agreement constitutes the entire agreement between the and the parties' respective rights and obligations associated therewith. No modification Agreement shall be effective unless reflective in a writing containing signatures of both 19. Applicable Law accordance with Minnesota law. This Agreement shall be governed by and construed in IN WITNESS WHEREOF, this Agreement is executed as of the day and year first written above. TWIN CITIES COMMUNITY CAPITAL FUND By its s6 i�� By Its - 12 CITY OF MAPLEWOOD, MINNESOTA REDEVELOPMENT FUND (430) STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE Attachment 2 Comments Interest on Investments a 2.0 %' Jan. 1 fund balance 2004: $68,455 Van Dyke, 2005:$400k Lamenteur /Adolphus lots and $1001, from Gladstone Fire Station sale ($148K in fund 405) Gladstone Area Redevelopment Project Commercial revolving loan program Investment management fees are 6.5% of int an myestment. 13 2005 ACCT. 2003 2004 ORIGINAL 2005 NO. ACTUAL ACTUAL BUDGET RE -EST. Intemovemmenta R %yAnue , 3011 Taxes $46,437 $59 $0 $0 3523 State homestead market value credit 1,738 0 0 0 3544 Other Govt - Miso Grants 0 7,999 0 0 Miscellaneous Ra venuos: 3801 Investment earnings 0 0 15,510 0 3802 Rent 3,150 1,000 0 0 3804 Sale of property 90,000 68,455 400,000 500,000 3809 Miscellaneous (2) 0 0 0 Total Revenues 141,323 77,513 415,510 500,000 Expend lures 4480 Fees for service 9,610 9,738 0 1,980 4490 Consulting 0 7,999 250,000 257,000 4710 Land purchase 24,002 0 0 0 4720 Land improvement 13,475 0 0 50,000 4920 Interest on interfund loans 4,488 1,509 0 2,800 4930 Investment management fees 0 0 1,010 0 Total Expenditures 57 575 19246 251,010 311,780 Excess (deficit) of revenue overexpenditures 88,748 58,267 164,500 188,220 Other financing uses: Transfers in (out) To General Fund (50,000) 0 0 0 To Park Development Fund (82683) 0 0 0 Net Increase (decrease) in fund balance (42,935) 58,287 164,500 188,220 Fund cadence- January 1 115 5371) (198306) (140891) (1 -09,p39} Fund balance - December 31 ._.($198,306) {$140,039) $23,609 $48,181 Attachment 2 Comments Interest on Investments a 2.0 %' Jan. 1 fund balance 2004: $68,455 Van Dyke, 2005:$400k Lamenteur /Adolphus lots and $1001, from Gladstone Fire Station sale ($148K in fund 405) Gladstone Area Redevelopment Project Commercial revolving loan program Investment management fees are 6.5% of int an myestment. 13 AGENDA REPORT Agenda Item K11 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Kenwood Area Street Improvements, City Project 05 -16 — Resolution Ordering Preparation of Feasibility Study DATE: June 4, 2005 INTRODUCTION The Kenwood Area Street Improvements project (see attached drawing) has, for a number of years, been in the Maplewood Capital Improvement Plan as a proposed project for the 2006 construction season. The city council will consider initiating the project by approving the attached resolution ordering the preparation of the feasibility study. Background This project consists of approximately 3.7 miles of residential street reconstruction, drainage and utility improvements. Staff will initiate the project process and feasibility study by sending an information letter to the residents. This summer the engineering department will begin topographic surveys and preliminary engineering studies of the project area. Staff will follow up with neighborhood meetings late this summer and early fall as the feasibility study is being completed. It is anticipated that the public hearing will be held in early fall. Budget A not -to- exceed project budget of $40,000 would be established for the project development and preliminary engineering required to complete the feasibility study. RECOMMENDATION Staff recommends that the city council approve the attached resolution Ordering the Preparation of the Feasibility Study for the Kenwood Area Street Improvements, City Project 05 -16. Attachments: 1. Resolution 2. Site Map RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY Agenda Item K11 WHEREAS, it is proposed to make improvements to the Kenwood Area Streets, City Project 05 -16, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $40,000 are appropriated to prepare this feasibility report. 36 om Hgenaa item <11 LAURIE CT. cr om Hgenaa item <11 Agenda Item K12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Civil Engineer I SUBJECT: Gervais Avenue Improvements (Cypress Street to Maplewood Drive), City Project 05- 17- Resolution Ordering Preparation of Feasibility Study DATE: June 3, 2005 INTRODUCTION Gervais Avenue, from Cypress Street to Maplewood Drive, is listed in the Maplewood Capital Improvement Plan as a proposed project for the 2006 construction season. The city council will consider initiating the project by approving the attached resolution ordering the preparation of the feasibility study. Background Gervais Avenue is located just east of Highway 61 and is in very poor condition in many locations and needs a full reconstruction. This project would consist of approximately 0.25 miles of street reconstruction and drainage improvements. Staff will also explore some issues with adjacent structures that are non - conforming due to setback and use issues. Authorization to proceed with the preliminary report is recommended. Budget Impact A not -to- exceed project budget of $15,000 would be established for the project development, topographic surveying, and preliminary engineering required to complete the feasibility study. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Gervais Avenue Street Improvements, City Project 05 -17. Attachments: 1. Resolution 2. Site Map Agenda Item K12 :7�.Y�AIlt1[�l�l ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Gervais Avenue Streets, City Project 05 -17, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $15,000 are appropriated to prepare this feasibility report. COUNTY 2 Z O Kohlmon . O Pork O 'ALM C/) 3t Manufactured ° J Housing CT• O Estates P PLM z w 2 CIR • C ON NOR CONNOR 4 v CT. a p ONT AVE. . 2 I-- w Q O BROOKS w o CT. ° SEXTANT Q� 112 AVE. l MF R Spoon kwY Lake Keller i Do 2`J La ke a ° LEA Q o no scale COPE W Exhibit 1 Project Location Gervais Avenue, Cypress St. to Maplewood Dr. City Project 05 -17 u " TOP FC=n NOR AVE. ERVAIS AVE. 36 E Cn T w v z w Of U Cn ] cn � C CT. LARK L ND RD. JU C Q AVE. Project location Agenda Item K13 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Dennis L Peck, Senior Engineering Technician SUBJECT: Settlement Agreement between City of Maplewood and Schmelz Family, LLC, Pertaining to Retained Utility Easements over Vacated Cope Avenue and Duluth Street DATE: June 2, 2005 I. III III :Zs]1I1I01[a] The city attorney is recommending that the city council approve the recently rendered Settlement Agreement between with Schmelz Family, LLC pertaining to retained utility easements over vacated Cope Avenue and Duluth Street. Background On February 27, 1989, the city passed a street vacation resolution for dedicated Rights -of -way on Duluth Street and Cope Avenue in the vicinity of the Schmelz Family Countryside Volkswagen business. Because the original vacation language was somewhat vague and inaccurate, the city passed a second set of resolutions on December 9, 2002 and February 10, 2003. In response to these street vacations and the necessary utility retention the Schmelz Family, LLC and their legal council determined that it was necessary to undertake a Quiet Title Action against the city to clarify the full nature of their holdings and the city's legal retention and purpose of the utility maintenance easements. Budget Impact The granting of this settlement will not have impact on the budget. 1] 618111 :9 [a].I A favorable settlement was rendered by the Second Judicial District Court and the city's legal council has found that the court's determination is not damaging or prejudicial to the city. Nx8101MIMI:Iki UL1111 III [a]ki I It is recommended that the city council approve the attached resolution approving the Settlement Agreement between City of Maplewood and Schmelz Family, LLC. Attachments: 1. City Attorney's letter requesting council approval of settlement 2. Settlement Agreement Resolution Kelly & Fawcett. P.A. At 't O R N F Y S AT L A W OF ('01 /.%M- 11(G( /(;4A A HOLL}'. PI.0 ■ Patrick J. Kelly pkellyiukellyandfaweett.com Licensed in Nfinnesola and Wisconsin Mr. Dennis Peck Department of Public Works City of Maplewood 1830 E County Road B Maplewood, MN 55109 May 11, 2005 RE: Schmelz Family, LLC, et. al. v. City of Maplewood, et. al. Dear Mr. Peck: Please be advised that Mr. Lemmons has forwarded a copy of the Settlement Agreement which has been executed by Schmelz Family. It is my understanding that youwill prepare the resolution for the City Council concerning approval of the settlement. Please find herein an internal memo from Chad Lcmmons concerning the quiet title action. If you need any additional information, please do not hesitate to call as this file is quite extensive. Respectfully yours, KELLY & FAWCEETT, P.A. Patrick J. Kelly Enclosure 444 CEDAR STREET, SUI'IE 2350 • SAINT PAUL, MINNESOTA 55101 ILLLPIIONE651- 224 -3731 • FACSIMILF6s[ -22; -8019 www.kclh,andfawcett.com SLATE OF MINNLSOIA COUNTY OF RAMSEY Schmelz Family LLC, a Minnesota limited liability company: Peter J. Schmelz and Jane F. Schmelz, DISTRICT COURT SECOND JUDICIAL DISTRICT Case Iype- Other Civil Court File No: CO -03 -1924 Plaintiffs, cs. SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT, CITY OF MAPLE WOOD City of rMaplcwood, a municipal corporation: Gerald E Frisch and George 1 1. Frisch, as heirs of the Estate of Allen I. Nilva; David Realty Cmnpanv, Inc.: Alan Herman and Lots Ann Herman; all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein. This Settlement Agreement entered into by and between Schmelz Family, LLC, a Minnesota limited liability company, (Schmelz) and Defendant, City of Maplewood ( "City "). RECITALS' WHEREAS, Schmelzs' predecessors in title had acquired fee title to the following described parcels: Attached as Exhibit A. The City was the owner and holder of an easement for street or highway purposes over and across the following parcels: A. The South 30 feet of the West 400 feet of Block 14, Clifton Avenue Addition Ramsey Co.. Minn, (Cope Avenue); B- The South 30 feet of the East 300 feel of Block 15, Clifton Avenue Addition, Ramsey Co., Minn. (Duluth Street); C. Tlne East 30 feet of the North 157 feet of Block 10, Clifton Addition. Ramsey Co., Minn. (Duluth Street): WIILRLAS, the City did pass resolutions, which vacated portions of the street easements set out above ,chile reminina utility casements; WHEREAS. Schmelz has commenced the above aetiml for the purpose of obtaining ajudament and decree finding Schmelz Pamily. LLC, Peter J. Schmelz, and Jane F. Schmelz as the fee owners of the real property described in Exhibit H attached hereto, and Schmelz Family, LLC to be the fee owater of the real property described in Exhibit C attached hereto; WHERFAS, pursuant to a Warranty Deed dated May 1, 2003 filed for record October 22, 2003 in the office of the Ramsey Countv Recorder as document number 3690177. Peter J. Schmelz and Jane P. Schmelz conveyed to Schmelz Family, LLC the real property described on attached Exhibit A; WHEREAS, the City has no objection to Schllle12 obtaining the judgment and decree requested, subject to Schmelz aclatowledging the casement rights of the City in the easements legally described in Exhibit D attached hereto; and NOW, THEREFORE, in consideration of the mutual benefits derived herefrom, Schmelz and the City hereby agree to entry of a Juchinient and decree by the Rantsey County District Court finding Schmelz Family, LLC to be the lee owner of the real property described in Exhibit H attached hereto subject to easement rights miming in favor of the City as described on Exhibit D attached hereto; and that Schmelz Family, LLC is the fee owner of the real property described in Exhibit C attached hereto subject to the easement rights of the City as described on Exhibit D attached hereto. Schmelz and the City agree that this agreement shall not adversely affect the rights maintained by the St. Paul Regional Water Utility on the properties involved. That this Settlement Agreensut represents the entire agreement between the parties. That all prior aerccmcnts either oral or written regarding the matters set forth in this A2reemcnt are hereby declared null and void. PLAINTIFF DEFENDANT SchnFamil it City of Maplewood By i Its j Its_ By lib EXHIBIT A The East 290 feet of the West 400 feet of Block 14, Clifton Addition, Ramsey County, Minnesota, except the South 30 feet taken for street purposes_ 2. The West 110 feet of Block 14, Clifton Addition, Ramsey County, Minnesota, except the South 30 feet taken for street purposes. The East 240 feet of Block 15, Clifton Addition, Ramsey County, Minnesota, subject to easement for road purposes over the South 30 feet thereof. The East 30 feet of the North 157 feet of Block 10, Clifton Addition. Ramsey Co., Minnesota. EXHIBIT B I. the West 105.00 feet of the East 135.00 feet of the North 30.00 feet of Block 10, Clifton Addition and vacated street accruing, Ramsey County, Minnesota. 2. The East 240.00 feet of Block 15. Clifton Addition, except the South 30.00 feet lying West of the East 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. Ramsey County, Minnesota. 3. I he East 240.00 feet of that part of Block 16, Clifton Addition, lying Southerly of State Trunk Highway Number 36, Ramey County, Minnesota. 4. The West 11 0.00 feet of that part of Block 17, Clifton Addition, lying Southerly of State Trunk IIighway Number 36, Ramsey County, Minnesota. 5. The West 110.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. Ramsey County, Minnesota. 6. The West 225.00 feet of the East 255.00 feet of Block 10, Clifton Addition, together with that part of vacated Duluth Street accruing, except the South 174.00 feet and except the North 30.00 feet thereof. Ramsey County, Minnesota. EXHIBIT C That part of East 114 feet of the West 400 feet of Block 17, lying South of the Southerly right ofway line of Trunk Highway 36, and the East 114 feet of the West 400 feet of Block 14 lying North of the southerly 128 feet thereof, and the last 290 feet of the West 400 feet of the North 98 feet of the South 128 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota, subject to roads. EXHIBIT D Easements for public utility purposes over, under and across the following described properties: The South and East 15 feet of the East 240 feet of Block 15, all in Clifton Addition, Ramsey County, Minnesota. 2. The South 15 feet of the West 110 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota. 3. 'Ifie South 15 feet of the East 290 feet of the West 400 feet of Block 14, all to Clifton Addition, Ramsey County. Minnesota. 4. The East 15 feet ol' the East 30 feet of the East 255 feet of Block 10, al I in Clifton Addition. Ramscy County. Minnesota_ RESOLUTION 05 -6 -XXX SETTLEMENT AGREEMENT RESOLUTION WHEREAS, Maplewood did vacate Rights of Way for Duluth Street and Cope Avenue on February 27, 1989, December 9, 2002 and February 10, 2003 and WHEREAS, Maplewood did retain certain permanent utility easement rights for maintenance purposes and WHEREAS, SCHMELZ FAMILY, LLC. et. al. brought suite against the CITY OF MAPLEWOOD, et al. in civil action to define and clarify by court declaration the perpetual use of the retained easements and WHEREAS, the District Court of the Second Judicial District did in fact adjudicate the settlement in Court File No: CO -03 -1924 in a settlement agreement satisfactory to both parties. NOW THEREFORE BE IT RESOLVED, that the city council accepts and approves the SETTLEMENT AGREEMENT as provided by the District Court of the Second Judicial District. Agenda Item K14 / e [ r ] :l . BY- :14as] :1 I TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Markham Pond Retaining Wall, City Project 05 -18 Authorize Engineering Investigation of Wall Failure DATE: June 7, 2005 INTRODUCTION Azure Properties, Inc. is the owner of a building at 1650 Beam Avenue. Azure Properties took legal action in 2000 to determine that the city was responsible for a retaining wall built by Azure Properties to hold their parking lot in place. The wall is failing and an engineering investigation is required to determine an approach for replacement or rehabilitation. Approval to select an engineering firm is recommended. Background The property at 1650 Beam Avenue is adjacent to Markham Pond. The parking lot for this property is supported by a two -tier timber wall. The parking lot is beginning to sink toward Markham Pond and the wall is showing significant indications of displacement. Due to the possibility of failure, the engineering staff hired a retaining wall expert to analyze the wall. The report from SEH Engineers is attached. In summary, the report concludes that the wall has failed and likely will completely collapse within the next couple of years. The engineer has recommended that the wall be replaced prior to August 2006. Further analysis is required to develop alternatives for the type and extent of wall replacement. Also attached are a number of pieces of correspondence that have occurred between the City and Azure Properties over the past years. The documents summarize that the City attempted to assign the wall responsibility to Azure Properties, who originally built the wall. However, in 2000, the City Council was forced by court action to assume the responsibility. Generally, the City failed in the early 1970's, during the construction of the Beam Avenue project and Markham Pond, to acquire adequate easements. Azure Properties constructed their facility relying upon appropriate easement and design by the City. This was determined by the court to be incorrect on the City's part and thus they assigned the responsibility for the wall to Maplewood. Budget Impact The cost for the investigation phase of the work with SEH is $17,500. There will be significant additional costs for wall construction in 2006. We recommend that the $17,500 expenditure be paid from the Storm Water Maintenance division of the Environmental Utility Fund, where dollar are budgeted for Fees for Service. The 2006 expenditures will be studied as part of the report when the actual costs are determined. Nx8101MI MI:Iki UL1111 III [a]ki It is recommended that the City Council approve the hiring of SEH Engineers for $17,500 to perform a geotechnical evaluation of the Markham Pond Retaining Wall, City Project 05 -18. Attachments: 1. SEH Retaining Wall Observations Report 2. Correspondence between Maplewood and Azure Properties -A nm Tt s. Stele Ht-ti. FROM Brian Ali ceht/ Ron, Farnner, PI, « " DAT May 13, 200 RE: M arkham Pend Remitting Wall F'icrd Observations vl t i No. 1 4,00 Steve, A site vwit 4 as; made to Zispeet the condithoii_ of the Markham lake rehining well located to tie 'a est of Kennar Ave. Observations of Is }'. aH ccoldhion and reco mmendations .lotions are provide£' below. A G;`t�.'xt3itns The e- stnig 6.,.,..1 consisu, of a rwit tier timber faced desi with tirinber be backs. he timber facing consists of seet'hins of 6 hick s€tuare bt iher. T he upper tier of the wail has ax_ exposed face hei of 3.5 Feet ' o most of the well, The exposed face height of We lower tier varies, with the highest exposed face being approxiY ?atedd 4.5 feet. A 3 to 3.5 t oot hcn Zoom- terrace separates the upper arid tower riail faces. The slope bel ind ne wait appears io range be 22'3_: i a and 3i f x t' by visual inspection f F x` e grad tie hont of the iower t... Varies ttith hnca.tnsnll but is not as steep as the E " Ibehind the upper her, At the cols, of the grade eith a driveway or pained parking awe 12i aft, g the entire wall length. The estimate total height bovveen the base of the waft and the par.:_ing i - a surfacc 3.s 12 to 14 feet. From the catch basin at the rorestem canner of the upper tier, the wall travels appioXr'i'i;.ately i K) fee` to the ear, paralle3 to the office building at dre. site. The st=aff then turns south for a distance of 80 feet. At this point, the wall appears to have been buried with a paye. -f large nprap which is stabilized, with a wire inesh. The steps of the ;sip area is very steel), in execss of 2fi:IV by visual ln,pcction. The r.prap area Cover IS a distance c,i roughly 4 0 feet, before the timber wall reappears as a single rase wall far a distance or poi ghN 30 :eat. A enl, eXits under tale riprap ponion of the slope, however the size and tecatien of the culven was not 7eternnned as the face of the mesb- covered ri ap was d3rigerously steepand S ippery to walk can. A lie wall is ovcrg : with brush and trees, 7 - "ees of up to Iii in:ch.a it, diameter fine i eC ? allowed to oft ir, the terrace i)(,te war the pper and lower walls. The steps behind, the ti pper w ail his r ecent l y r) Clear <d c_ brush. A shovel was used to exert ate 1•Ddrind the uppc, tier in railer -a x.Yestigate the ba.ckfill. The backf_li appears to condo nf hire sa with som e silt. No gravel c ainage layer was encountered directly behind the vra[i_ The well sho'v s obvinus signs of r-o\'ernerlt along the 110 feet parallel to t, off ce building. The lower i'li)c,..., of ea tier have rotated, ir - - lie .4all is "'loving tow the =slue. Sam of the rotation approaches Si iiet aba= i.e.. p etogccphss}. The sw6we of the parking lot has subsided s.vcrai inches behind the Rail at tie nrost obvious point of 'pulp €ng. The subsidence t. of the parking lot appears to h, created a lots' s in the parking to curbing, ,t i -ich Prows water to run over the cut and down I s .shore Sno €i anion € enariseson Inc, 3535 VadnTP Genie, D;we, SL PaW Me 55i iG -5'85 SEH.s an equM :,,,rtes".l. .aaroytr 651A902000 1 80032 IMS 95S.dn ;- 2.,:r'ax Murk6mo. Pond Retaining Wall Field (}6ocnab9uu May 11,2U05 Page behind the upper wall den The oomff bas resulted iu die loss nr6mukQ\lbehind he upper bo/. in addition, water has created a wash out u1 the far western end nC the wall near flbo existing catch basin. 9J/onr appears tooverUnvv the asphalt curb ut the catch basing and nuo down the stripe along tbn face oC tire wall, rather tbao8on/iog into the catch basin The portion of the timber wa] I running to the socith by die east ranking ana is it better physical condition. Little r(na1i000f the base timbers was o6murvtd. Some fuuoo damage was ounurrioA and .00sswas gnovvhugnnibepra!}fbtwioarouoroo:iriogoodirxutuoo\i8b!.Tboparkiog|ntbcbiudtbisportioomI`oul| shows some xi&unof distress from slopw movement. Cracks iu the Ruveuneo{roroiug parallel to the wall' pOzm observed along most of this portion af die n/al\. Tin cracks indicate the slope iu}iku}yslowly znoving towards the lakv The parking area bed6nd the mail has a raflie, steep ggradc in the direction of 'the lake However, i!ionoolearif6hiu was u design feature, wrepzohie/o',bxthundrre|opedorcrbrom6oclu rumvrxumcCny the slope towards tire lake. Thmriprop portion of tire slope has anuneven appearance, it is not clear if the riprip was poorly plmowd creating the existing appearance, or of flas soil under the riptap is being u-ndercut causing portions of the dyrap to subside. The 8zuudm600 soil uuoddinus under the ool) are, uoknovro. However, vertical mxttlnosonto'tbe wall did not appear to6numissue. Pbutugrmpbuuf the wall are xlt*obod tu the ronnuooao8unu. Glaclusions The wad does not appear tobeioinuotiuent danger ofooliupm-iog,but should 6o replaced as h ixfkiluo&"4 dioouxuioovvdbunuuf - tbeboOdiug cocaine indicates that the parking area showing 6o most severe diatress Just beer. gradually sinking for niany years (the iertant has been it, tire building since l99l).The overall ocnditj000f the wall near the north truddog area is poor.*bu*iou the ixmstpist6lnbunh^,distress. This area nlau has two our6soe drainage ruooff issues which are 'likely o:omlnrodugthe failozowf the nvaDL Tbcmoutbeznpnzti000ftbmwuUiulibe\yu>uviugaun/ellgirmotheuruuksiutbspudciuglmtfrove/o*u{,bd shows less facing distress than 'the ponion parallel to the office building, The ty , pe and condition of the existing buokfi}}inunmumr.hoxpcpwrno drainage rock appwns to have been used {nunucdiatmly6nbiodthe fbeiog.C0000aupructiceiurlu8nnooiuguAondoiuiuQnuckhehiud16nw/o(iGacotobnomn/uimrpm:nnnze buildup and less of fines from tbobonkfi>}. T6nneuppeurntn6eoogoiokaudioczpenmiveouoeot{noXor!bnoriaioAwuli. Fixing the existing tacin\Q would require re/ouvu\nf the buok8]i over ^ large pvrtinuof the waU,and the cut would. achoodiunndie exiting parking area. Ybrrc appears tube overall nab(lityisuueon/i!h the slope us evidenced hythe longitudinal cracking nf the paik6LQl*tpavement. V9e6nrncnoomoodprcveobuApeop\o800/Jxiv6`govmr,bup{uib\rsuhoidoozwureamloug ,be western porrion of the oil area- 'I'lie conditain of thc'suinglade at this location is unknown, and it's void exists G-r develops u tour could break t6uoueb the iuvmzw-un Thmmxivbug drainage inoblerris along the section of wait paraliell to the office building necd to be addressed us soon oopossible Wozmcuoaoan*8Uhut{esopnrurydcu.nugmiuonnrenumotshnuiadmbyzuid- Ju}yufd6nyxun The asphah, curbing near the western catch basin mum be bAh up it) ensure water goes into the omi:h basin and -no down the Ewe uftbncrops. Water must also hepreveuiod8nzuovertopping 80uzM6nru Pond Rxouioiu2WuOFitld(>bservuiionn May ll,2OO5 Page the curb iu66msohsidmu�wurmozodrnuo�o�Jnvvo�&xuiu��6c��u��bn�� per v/ull tier, h nieJbopossible to sandbag ` ne ow al-ea io defiect eu-tIncewater lo, ihe wes-,em end of the dove and into the catch basin. iVe recommend that diwr/all6ozophaoe6`miiban/uuctom:suitable for n:tuobiQul%iol4fbutbiV6 - vertical n:Uof6 Given 'he lincdudumouotnfvvorking space, and the onn;ooitynfthe eriubr\Q parking area for the office. options for tbewa\l,epluc«000u1 are limited, A modular block wall onuldhe designed 'or the vertioal height. However, nplaoioL the required rein8orcnzoeotfor such mdumign �wnuldli��iyr�guir��ooavatiooioto16m�ur�iuQwma,uod1����o#�uuzr��uaoo�u�1na�ton�o�pu�k|oA space and aoaouwio�o��b�rco,a�^�n�Dar�6x��o��mn� /�o����pU�vval1:oo�J6cios1allcd1Uut.nnuld not require an extensive aocxouvatiuu.E[uvverxr, the v8braiino�iozonuubaoiootml]utiu0000ldhouoissue 8uz'beoM8uwb'ildio&oinu:tozoaodtnoun1n,umat1waotonzuwnmmdialutrviomomm:looutniiotbe bufle Ac»ync`an/ulloboul�hn8u��Qo�duot�mQ.odn and drainage issues iu the DurkioQlu�ooui8hecorrected, The coal of a Prclinuiiary geoteChnical exploration pr-n-jam, to detemniffle the subsurface eonndittons are the auitu8i\dynt,various repuhm»/imyrovuuoerxoltmcue1iveoioapproximately S17,508. This cost also iucJndwma survey of the rxi»sioQv/uiL 6uu /\Umnbzoeots: Wall Photograph, C: Azuree Propeffies, Inc. FICI Bob 17800 01001 PAUL, NIN 55117. Gfwiafi' cmkxthE� Di, enl im '6:, 1; 46s-34,'2 ,'�' knde r, <o 4, ;4-W 24 may 2005 ' I vm Chuck Abl, Director ofPubfic Works, , I - CITY OF MAPLEWOOD i 902 East Court-, Road B Nlapkvvood X4K 55109 RE: Afqrkhatn Pond Retaining Wall Issues Dear Mr. Afil: Thank you far - --, , esterday s telephone call. Based on that discussion, the following is onn understandfing: (1) the CHy W have Hie retaining walt at the north end of Niarkham Pond.. (and that supports the land ander the Bearn Avenue Office Park south parking lot) amensed by engineering f rsonnet; (2,, yon Lt iH be seeking appwoqiMions to fund a repair or reconstruction of he xvaU, depending on the outcome of the engineehng assessment; (3) the City has effected, cedam Mmt pawhing s is the parking lot catch basin to help with rah manigennent in the inierun; (4) any rcpair/. of the retaining tvall -vvill not be started 1111til next year, a . d (5) the clunrent condition of the waH, W the City's opiniorh does not preseTA an irnaninent risk of faJure. !lank you again Rw ynur aRention to : and please don't hesHate to cell rne if lere are nif inaccuracres in the foregoing, % truly Yours, Amm PROPERTIES INC B vK ------ - G. P. Gaflaghe- ( -,� � xx Es. hvc^ 1pn[l, B/`x'1178]0 S/\|��[P�nL]MIN 35 1 117'783�, , / \ \6�l : �, x�o, //-^x 'o�� 29 Almil2005 &�c 8icbuz6fur C[TyOF%&/\yi mO{)D l89O As! Counh/ Mad Map]eIVn Y, M0 551OV 8f! Wa»/,rooudi}h*m,Iaaxk/Afaxk/m/nPond War Mr. burnman: VVe 6a-'e, for snoe bne rrLaiobngvvaU(u�tbeM,, lox myocoedcvntniatdh this regarT oskcl Lbat the Cih honor Hs obiiyhuo Vo ,neintam Hie yboye|ine plewoodCfibco PorLyazkwg koin nvcr d @�jwwlout, umceaQain, that t bmbor �mOuiLhcnorch eud6 the pun1wiiich xuppurLa she WOMvonJ{]fhco Zeal- parkin lot io /aU /[ Hie iai}u/ei- aUovvcd W contbnoc uoa6a!ed L6e result coulJ ioro|nc cxteoeive yzo da�na�� p/Ub a rciaLed risk &pnrxooa]irnory, 8vuxeanso(bMsWervvesC! icncloue,kzvnozreforcncconpi,oufcertainnuronpoodeoceWand hnonnCi!yperannneiao well uso{�i1yLnuocilc}od1irubuoaoJ aDuiw/bichuorveinUlour/atctbmtthis is the u/ the [idyu[ Maplewood. iisbonid also Fe num eJ No the <nou,iminwneahipitLbcLaodupmnm/hicbbhr[iiyhanen`rtyJa6`nco,nnnnnil,nibcrddngs, bvsoor been r� thi/date, AZURE MAIN FIFS, AC, JOHN E. DAUBNEY 1217 n EST SEVEN7- STREET 55 n 312098C S P-'JL. 55�132 Banragm Sk QUY A=MeYs at Law 445 MinamsWa SUe�'t St, PauL SAN 55101 Arm: S-, =m g Lo Fawca'a Re: Ciry of Maricviondv, Sera, CoUrt File -Nu- Cj-91-12262 Dear Mn Fawcom: 7 A , .a5 220-"A 1 � Throughoult tle 'XiLl Of �e above-enu ilea' mancr, it 'N"o; jgroedby - a!e mmin ma t e� TV . 1 hie Ch�, -Mapiewcod iha di- C t�' had in on Va 0b &L'IYaEI0P to ma iaterill sup ost" . ne�'�,,vRichardSchattier, a pond, on lards ow Nlaplewoo n n; m c° �-tjf�aate that �ays anvdiring ab out die o -r',' osoOnsloilirdes 0 " �i 0, -- mar uo�d �uppcat t Th s rae umUs cf to icon side --r-he pend are -nahmtained by a chbaIg of Uemed MAWS wjicn , ar e OC decay Lr rep raccz,'rne',!L NLIPICwaod �tould eco his ongma-g 3 R d - kr theT oRoniv ad=tted �hrou,�h hie Course of the rrisi. selveier ,espoTisi,bility, the '" tY wouid 'lea a hav,- , � , .ometh&-z hx A Sks aMdeg Pon jonn E. D aubrt�y p Aotcane - R and Pa, icia/- cc: Cxu[ Aammisiamr Ar jlanweY COtt--tv", Ramsey CoO- Coanhouse 5 'W. Kdilogg B i vd. SL Pard. W 55102 Richard Schrt marier Cabinex Co. 99 SOamh C)wiqso Blvd West Lialo Canada MN" Kenneth Hm der Cif-y ✓f Map ewood Banning fishy, RA. N T T 0 R % E Y q A T L A I !710 NORT H, CEMFPItt. LOF. To Wes 445 maXNT SOM STREET SAD�T PAUL, k1D-'Y 55M�' 305T� F. 81 TZ PVTOUCK I KELLY -ON'G Lo Fo"'VCETT SUMAN KEM Slu Lo KAJF—IMNI0.t LOLCKS johm E, Daulmey Atto,-Iiey at Law : 21 7 West Seventh Street St, PaUL 304 55102 RF Citv of Maplewood v. Schreier (court File NO: CI-91-12262 Dear jack: (601 :7,1-11 t65 11 =-Mg jun=2,2000 For Your easy Ta ti n ence, ancosed 'he-cw pleatie find -a copy of Your ;Lttel to -,n,- dated Apr 5, 2000, It is my Ml rsZao M chng that r. H h aider as contm e Mr Schf-- I ier jand addresstd your us on a s J c of fll b0t o- I a the id L concel-Pt's with respect too The resPOnsi � maintaining the side we' pond. 1 bbvve NO. St ht ier is sniusi ',iiLh \, Faidcr�s reprdscntations. U'hac is not the „ olSas don't hesitate to call Sincerely, encl. B Sk KELLY, P,A� tl Pattic k1so Kelly CG' Ker Haider i . 000 June f, - City of N ap'e?V0oa I830 E County a Maplewood, NIN 551 JZ& Holding pond on the south side Of Beam Ave . Maplewood Dead ML. Haider: ourselves e C fi vt � a� o- ,VoO t r Y there T> C�.1 d� -�` ° , `37Yie i between fl the i -�Ti u'r lvTZt Cit€.'. a c`L. v to the r'n,,,c ng res!)CAISIOI ItY LC A}rcvide r3t� ral supp ADr nay Be am Men us '. m, V TI e lying T1oY` ��. of - t he pond and vest of 'tit 't 1�h y i h_,� ff � `��'. i �.. �,s i ..Y°,bbing in this area is of T4 vttden . onstT on an has ?,6 l i mited 'zIe expo ti 1C . I am limp i v asking that 1 receive 2 S t7 r from you, or a resolut adopted vS r h MY couna recogn izing this responsibility- This que,3tic'oe (muld arhe if 1 ever sell this Drwer7m"r or there is a change in 5 r rt Y Y 3.�r; ' pat Kelly has responded to e1oh s �_ii E?I:c': .fitUEL u'J :�itutlZ',� r=-a c' - ". sans, l ied wi 1 b ut n e �) tiepin my affairs . m'�& ��<_ z•L+�� sent ^ °.znns. Thi 5 - .i�z, c z r tiI- , izz� U ..� ` }r er 1 tl'6uid line in ha onie 3 1_ r.. n p cogni.zing our 2 .si -OnT I . MATLENVOOD CITY COUNCIL 7: 00 MI., Attend, Septembs�r 25 , 2000 Council Cba-mbers, Municipal Buz ding Mer6ng No. 00-20 0 oil (1 Q CALL TO OR-DER: A regular metting of ene Cits' CoUlicii of Niapiewood, Minnesota was fteld in'he Couric , 11 Chambers, MuDicipal Building, and was Wnd to coder at 7:001114, by Mayor Cardinai. PL EDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, MaYor Present Sherry All enspach, C iuncilmember Present Kenneth yr. Collins, Couluncilmconbel Present ,vl=in C, Koppen, Caturcilmer-btr Present Jul�, A. Wasiluk Couricih-ncrribel Present CONSENT AGENDN Councilmiember Koppen rrtov ed —m- apc'lrove —flh un S 1, � ri � c , Councilmer n ber Wasil k Ayes - ail It- Clai�ificabon Letter - Markhan Pond AcknoWedged tlm�L -ffie existnig letolning walls around Maricham Pond art zln� responsibility of -, ,hc- city, and tlnaz the c�,-Ty - ',)e respon.sible for , or r plaeprnern. 4ZUI , E q,E PROD RI p(), Box 1 St. Paul, NEN 5 1 PH: (, 51. 00 -10} FAA: 63!486-3�444 t -- Pi be r 2 N 2 uckkhd, Citv E- 1 0 �� a tt �h — le c op NLkpLFoIC0D , ,8 , n E Road. 13 JI M MN 55 R S u I -'am "in-I '-) UO if On behaif o �7< ard :.uld Schle�tr, owne's o f :ocared at lnHU Beam Avora-,e - r e �ence or �, S'; Maple woc-' ,' - Tke o� request tha: -�� --a U �V- r.. - I I j 2�iter:" r , - - I - 1,11 , pr aro" A e per t �, e r ,,- C .. -, t I C � r j e r a real of ct��s over . 0 � !- h, ref-elij, '--"-caucni se=rousffi --ti on -Ic! a"Z� at we currem 7 4 t-uaticn cr r. a 'an C e ----S b'ers of the "n ti-iat - Lhe 'er sloVes '��a 30� alL�3 other ro"-�r(" �'Sk �'-" !15__4 o� �M-a park--'� ' r s teepsi-ore1j:na� Cur -cnc'ern: s diat in i--rnen- wcladr1Er s � i a l � wa-d f , " -1 - - 1� 1-- , rt 10 e � " - - i -I-- o f , je - una-do- c' Slick - a-m- a( :'A 31 a es m av ellc-1 UV r4 rpond as a eesu�t T E, -001 tv " -renti a t�arti-n ��f cl-am ir-k al'ce On -,e si��e of dn o 'F Im lk' 0 zar kung lot, ali ot 1 -p suffic t-,ai n a e . e Linder tin e heugh it mar v- -ent tc res 4 'U bove. 7 re-nc'e ap-pears tc have 'Cesn u nstal�ed '�v the G Lr' -.-Ld '-a C.Ond, jns; 4 -tend�-- ayour - 11 sornewhat c-,.' a he'-, '- we bel3eve that -1 strorlg�- fence or g l u ar draLL ex e�p V � war ante -" + .. �-r�ac t I s -mron �hrs Cend �,'-,n. :"ease �ee• Tlhandk yc'.� r r Orif a�� c ��-,-mments on !he 'or— irc AZURE FROPER­i'ES 0cc {b-1r iU. 2`102 G.F, Gallaghe AT=- Properties P.0, Box 1799 v. "UU NN 541 1 1.-. RE, 1:550 3emr � ven. ue J Y t•'°, i2.C ityl`fi:°S to Von to Co ,.1fir 7. our Tu^,.v`.;,t o ti:uror Awtte of 9 9/02 - .'� SG..i. -ty m as l -s �.i. i 6 J°t"i Beam m Avenue, We ave visited ' he site and have discussed ti e iSS es With o he t ffP as we!] ".S the waters e �i-st c W 1,4 ch ha iimisdictt€ n over M"cr1:.ham pond, Alt . ,ve §oul �. w-� °t% -i,ilt the sloops t1diacem to of a OW'1Cii7� let'Tiir,!"t rd SCC.at,LL .at St -- cre -'u'ad "+ o C _ 1- char g r -Alt.. I tll iGI' t. t. t u "G` 1 s5. Si16,�s:5 �l� J G i t'ui, ...silo_:. >vt1 r,'t, arty years . ince ;gip ��te t;?.$ t'.F: t l oTC 'ed ?,<tat -�. h .=.Y"K.:.i'i� 1'z7. "v es t, t} 3St1"1..feii. t Joe c s wq �L A'v th'L Slid `,`t' deveio;. -ta +u + "o.,. 6u� 3?a i:� .m -ers7 rf `m co opt w i t' i. }iei`i - Or-c -- -. t1d h''S! f on thv 72 olcn - 'a=1tlet and sts` b ize `u.? sione `k'`[t.I . n1t :` ?. You I-eforenc e a por of a °ul`.: :z -? Y f1e: -U ..xa3t a 7 Lc ' d at The v ' g & t e,- taF dhe tjr.,.. - king lot rhis Vas IM � _i.r liiPaL rtht, l`i,Y� o u - It t o deer a. Person �o11a ent`z'rirg t h e sif p e o ver the rip -apped Plea s nd ov?i r1`'±' 72—inch r2t�tw' Csi;''tilt. - '4..Cia GaxTt Y"'Cti -tt;e sti ..`I'ia' Ct1 - "rltS, Tt"i`S was ?itty a 4' _;" 'uGC1 as a - t,,.° 1t :S ,m o `•~tn, u,at b;�� ``r'�G ar ng* Oa ether p h Tical 'a3° v Staff, d � Ho wever, `ve bo el chat such a A,`arm— , . the hole rlespc sibHi -y o " the n opt s - olro te" a _mTYtI no, reason to u.t ccouLcl`ge ct r',Li� 'I'Lt des bom I st11' xg oi_7.' roan of U'"il�,. � %�'' �' t �11.i ?.rte that `w UG vE,'t i.T"Par; L`ed oT d %ISM SLC:?. we. G'r`osaj as thzfr a. ,> ii"t`an i`:soes re garding ardiiag flhz,, al,- als `w be instal stone stability or thle e:ti St;T1v. `_erce stc, 4 e have alEo rev is :'L71'Z'P'. s€`:"e +�`Yl' xt ag e l e. t nt tmnd it rsferS on TO lute - -i 9': 3iY {tp'j Y:tE `..., S1?t�G, Lv1 �. Tw %T iaG ..� ..ht. t' si te.Ta.11 "vails, buE l as `js that expo -en e rn s erlement and slloug _n.c, `Post Hkely due e barlanert Sett1::Z:ovI1C caused k the Cias aa` t°2.a'- �i,ei1 IQ t - ons ,, s appears o be creating is water o v e rflow ?3s SZYt. W`1?iLs`t. iA1af iii al{ id ci�,g z"'u,?' G;..r"A.'.47St "".' iLtt"�Y,l' 2 e.: y` t %:2'<xta:a the tnt �'t�, of the "arking lot a that 101 ltjnn In addition, storm woter aaappews to he taws'.1nwLLg at 2 +3the, lo canon r ax t ca ry l u kS . This =S being aaiSe l i7 ea - y rain bypassing the storm inlet and 15 alis - Ti - Ig t-he slopes in aui:.Gh the saa`?3.; way. The `star we v`lShed D E- PAf?Yt:'EN-r nF' PtUaL!r- 'l cast- i iu® 1550 C iTY UH MAP L ettOOD Macs L ti C C',.,' `ti 4 .'.'55 14`= 7 buE l as `js that expo -en e rn s erlement and slloug _n.c, `Post Hkely due e barlanert Sett1::Z:ovI1C caused k the Cias aa` t°2.a'- �i,ei1 IQ t - ons ,, s appears o be creating is water o v e rflow ?3s SZYt. W`1?iLs`t. iA1af iii al{ id ci�,g z"'u,?' G;..r"A.'.47St "".' iLtt"�Y,l' 2 e.: y` t %:2'<xta:a the tnt �'t�, of the "arking lot a that 101 ltjnn In addition, storm woter aaappews to he taws'.1nwLLg at 2 +3the, lo canon r ax t ca ry l u kS . This =S being aaiSe l i7 ea - y rain bypassing the storm inlet and 15 alis - Ti - Ig t-he slopes in aui:.Gh the saa`?3.; way. The `star we v`lShed D E- PAf?Yt:'EN-r nF' PtUaL!r- 'l cast- i iu® 1550 C iTY UH MAP L ettOOD Macs L ti C C',.,' `ti 4 .'.'55 14`= G A-zLre Fropeftl vS Page 2 Weber 10, 2002 the site, ffie, s r -iinwqs completely covered over Wth leaves and other debris. There aTe corrective measures tBast fear, nand should be taker , f-o erosion and mainta-in � o pro t s , , be L-Itee:ri"If of tle parking lot, VVI would recormnerm you consult an en.jueer and review the a ffer- 6 and dif ent �Lnletc are. site alm7aue conditions, Permanent soil stabilization blam<ez, additionall -%v sug — � - gestions, Please cordact me wid', any allesd0ls Or cu V C, 0P9ER'Nf. CAVE P E. - ASSISTANT C, GINEER I 5W 7 - ty -Iginee C: CH"ick A�I AWCOOF of public wo ks/ Ci E, r Richaid Fz=-, a n, City \Aanager Gift Aictuinge-, Matra Walershed Distric-, AZURE PROPERTIES b(D. Box - 178301 Sairt M.4 N4 35117-782 FAX: 651-M-30M 4 October 2002 N O i C k P11, Eltecoor of P Tjj oW CITY Or MAPLEWOOD 1830 East CmantY Isoad rt Mar !zW a k 'iti 55 C RF: 1650 Berm, Avenue Dear `, r. Ahi. i r in rec ei pt t 5 � . C. Ii tt�' , n r � r t sUe tC. r S ° � r Cs' T L ew lcta e a✓ and mank ''"U Or .kH _vsTsJ ,7e tti 011 11 y.'tF it anr pcu ( „at Were a re sonic. mi ,i t...,.Jian iG_S t:OU.. what �;.,•c' saying. i we i-s III-,, subm d � s C..;; 3 r 25 i't `.; t �, E:i' ^. r i ' The .. s5'w at-.- n that the hopes pep on the _Cc 'hm m been F” p . :"i on yea rs ticri.L ro� 5 ".tC was developed :5 1 t ,. 2 I °-.+ the pviti should be EsiG' «.+..,i - .t'<[T sii "ale u Sr'_v gip}, y t Jrern t. a. t-' .her co dhio nova' q if" imid._t' Y 4tt , er . I:J 2 }c _ } i F` t U , ,. ., .. y'n jeestu_i d ti`'`_Lt the pond i`�us d�> t � I"� parkin ts �V %<i$ �t+i�r -E. but d n t unde rstand the, rd evmcf s . if33 t ,� to - he continuin xi " e _.� u 1,3z' :d. 'v' ve njade reAmenan to the s hin ilk n .n suprci of 4e.t ar-I1I r th,t', t .0 FT erecr ' it. .is exercise F t.timort 1_,{ �r'�'.'fii s Cl C ri, o s - o j rrehne l bel ` L? .i_c t a lerrd support eia, ,t',, and by so t7,6 n - .155 n ✓ S .:;..'t : YISk 4 mot' _JC �L c(o na nr '%\c R E aril x that it was rot M-i e dch =i5 vehicle b f?ia cr-, S{ ess C`t initended. c.se, th ..:tnc 'Li1GT e t_ � art City ',(. G" ( iositi., or it exists )n ours _i± 7€ is the 1? t r, `ve arc not a,' +'1T C aw, "i' ric.'1C domain ain p roceedings T s ti"f?E 'ir }titd ha , ,e allw ed the erection of 14 fence or th tu5',°1g of that tortion. Of to 1 on v hi s= iL `5 sitll0oeL I } .case itU LC there ?5 -yot a kin c adore t :aoo tti ii; This regard. spend J ,i� n rather ti ere t.I C' e La" bat P " p v is ori.' n e ror �nt5tr shun l!;C t � I'f„ t C , 3.^ i what, ,bC ,42� t0 r�ei 2 '1lrail -v FP t s c art of the ys61 an . do . in an expeditious and s+w:>>az lJ3J6ma end we / \a .sue !> : y :: :a:: d :e 6 «z2� half of wf» « e«± cy � : o :B2t Please « s knew J we Cyr er as w of this 2: Thaxok YOU, v: truly yours, :#PROs a,mc g , n ,c T"Umam CI W E A Im A v It 13 N NA It D MAPLEVU) 0IFFICE PARK BY) NKAM,AVENUE, MAPLPMX)D� MN own no on no am ft"Nomomm" MN OR swommumom a w gm commomm. my No smoommomm NO I= MR&