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2005 10-24 City Council Packet
AMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 24, 2005 Council Chambers, Municipal Building Meeting No. 05 -23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF MINUTES Minutes from the October 5, 2005 City Council Meeting Minutes from the October 17, 2005 Special City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS Proclamation —World Town Planning Day G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Conditional Use Permit Review — Sibley Cove Apartments (1996 County Road D) 3. Conditional Use Permit Review — Hmong Alliance Church (1770 McMenemy Street) 4. Increase in Records, Elections and License Department Service Charges 5. 2005 Budget Adjustments for Debt Service and Capital Project Funds 6. Traffic Control Signal Agreement 88640M for TH 61 at Arcade Street and Roselawn Avenue — Park Entrance 7. Currency Exchange License Renewal — Cashway Checking — 3035 White Bear Avenue 8. Temporary Gambling Resolution — Presentation of the Blessed Virgin Mary 9. IT Budget Transfer 10. Legacy Village Release of Obligation (Item added 10- 24 -05) 11. Legacy Village Assessments (Item added 10- 24 -05) Amended 10 -24 -05 10 01- 1I lei 01 e1NI0 7:00 p.m. Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10: a. Assessment Hearing b. Approve Resolution for Adoption of Assessment Roll AWARD OF BIDS None UNFINISHED BUSINESS Second Reading Special Election Ordinance K. NEW BUSINESS 1. Ramsey County Public Library (3025 Southlawn Drive) a. Land Use Plan Change (BC (business commercial) to L (Library)) (4 votes) b. Conditional Use Permit for Planned Unit Development (PUD) Revision 2. No Parking Zones — Twin Cities Hmong Alliance Church (1234 County Road B (at Atlantic Street)) 3. Metro Transit Park and Ride Facility — City Project 05 -32 — Resolution Requesting Traffic Study at County Road B /Rice Street and Improvements to Rice Street/TH 36 Bridge 4. Public Works Building Expansion — City Project 03 -19 — Approve Proposal Request ASI No. 8 and Authorize Budget Transfer 5. Staff Changes for Building Inspections — Approve Addition of Two Positions (Apprentice Building Inspector and Civil Engineer I) and Authorize Budget Revisions for 2005/2006 6. Strategic Team Development L. VISITOR PRESENTATIONS ILVi11�K01110 Lei 111111111:2N *11 =I0 fill IIQ01M N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Amended 10 -24 -05 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 10, 2005 Council Chambers, City Hall Meeting No. 05 -21 El A CALL TO ORDER PLEDGE OF ALLEGIANCE C. ROLL CALL 113 C F Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Will Rossbach, Councilmember 19 »:161TIM We] 0LVi110 1 *1 Present Present Present Present 1. Minutes from the City Council Meeting- September 26, 2005 Agenda Item D1 Councilmember Rossbach moved to approve the minutes from the September 26, 2005 City Council Meeting as presented. Seconded by Councilmember Koppen Ayes-All APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as amended. M1. Council Temporary Appointment Interviews on Television Cable M2. City Clean Up Day M3. Traffic Study M4. Population of Ducks Seconded by Councilmember Rossbach Ayes-All APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA Councilmember Rossbach moved to approve consent agenda items 1 -11 Seconded by Councilmember Juenemann Ayes-All 1. Approval of Claims City Council Meeting 10 -10 -05 ACCOUNTS PAYABLE: $ 134,000.00 Checks # 68012 dated 9/19/05 $ 832,516.49 Checks # 68013 thru # 68090 dated 9/27/05 $ 120,144.85 Disbursements via debits to checking account dated 9/16/05 thru 9/22/05 $ 40,818.20 Checks # 68091 thru # 68092 dated 9/26/05 thru 9/28/05 $ 503,496.80 Checks # 68093 thru # 68152 dated 10/04/05 $ 1,588,445.98 Disbursements via debits to checking account dated 9/23/05 thru 09/29/05 $ ,219,422.32 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 471,157.75 09/23/05 Payroll Deduction check # 102687 thru # 102689 $ 2,406.75 dated 09/23/05 $ 473,564.50 Total Payroll $ 3,692,986.82 GRAND TOTAL 2. Conditional Use Permit Review — Chesapeake Retail Center (3081 — 3095 White Bear Avenue) Approved the conditional use permit for a planned unit development for the Chesapeake Retail Center located at 3081, 3085, 3087, and 3095 White Bear Avenue, and review the conditional use permit again in one year. 3. Environmental Manager and MCC Manager Pay Range Approved the revised 2005 salary range for the non -union position of Community Center Manager and the establishment of the salary range for the new non -union position of Environmental Manager at $55,000 - $75,000 per year for the new non -union position of Environmental Manger at $55,000 - $75,000 per year, retroactive to August 1, 2005. City Council Meeting 10 -10 -05 2 County Road D Realignment East (Surcharge and Pond Contract), City Project 02 -07, Approval of Modifications to Existing Construction Contract, Change Orders 4 & 5 Adopted the following resolution Directing Modification of the Existing Construction Contract, Change order No. 4 and the recommended revisions of contract completion dates, Change Order No. 5: RESOLUTION 05 -10 -149 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02 -07, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order No. 4 & 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 & 5 in the amount of $4,907.93. The revised contract amount is $1,464,327.84. No revisions to the project budget are proposed at this time. Resolution Certifying Election Judges for the General Election — November 8, 2005 Adopted the following resolution accepting election judges for the 2005 General Election: RESOLUTION ACCEPTING ELECTION JUDGES 05 -10 -155 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2005 General Election, to be held on Tuesday, November 8, 2005. Shari Adams Beverly Dean Diane Golaski Fran Aherns Edward Deeg Betty Granger Suzanne Anderson Bhupat Desai Guy Grant Elsie Anderson Helen Jean Dickson Jamie Gudknecht Cynthia Anderson Audrey Diesslin Lloyd Hecht Ronald Anderson Kathleen Dittel Gordon Heinenger Ahsan Ansari Diane Droeger Constance Hines Marlis Barrett Fred DuCharme Mary Holzemer Joan Bartelt Audrey Duellman Shirlee Horton Jaime Belland Carolyn Eickhoff Lynn Huntoon Mery Berger Elizabeth Erickson Mildred Iverson Jeanne Bortz Ann Fallon Jeff Janacek Anna Breidenstein Lorraine Fishcer Gwendolyn Jefferson Jennette Bunde Mary Fischer Judith Johannessen Lucille Cahanes Delores Fitzgerald Barbara Johnson Robert Carr Anne Fosburgh Joyce Jurmu Ann Cleland Lucille Foster Marilyn Kidman Thomas Connelly James Franzen Harold Kirchoff Colleen Connolly MaryJo Freer Rosemary Koch Mae Davidson Samantha Fritsche Joan Kolasa Marianne Davidson Clarice Gierzek Joseph Kolasa City Council Meeting 10 -10 -05 Mona Lou Krekelberg Jackie Meyer Josephine Krominga Joan Misgen Marvella Lackner Katherine Mollers Rita Lally Betty Mossong Charlotte Lampe Howard Muraski Anita Larson Gerry Muraski Lorraine Lauren Thomas Myster Ann Leo Gloria Nelson Pati Leo James Nieman Claudette Leonard Louise Nieters Steve Lincowski Ann Marie Norberg Vi Lincowski Lois Olson Delores Lofgren Sallye Orlando Richard Lofgren David Pehl Robert Lundgren James Petrie Shirley Luttrell Karla Radermacher Jeri Mahre Charles Rowe Carol Mahre Elaine Rudeen Rose Marie Manders Larry Schaaf John Manthey MaryAnn Schneider Delores Marsh Sandy Schoenecker Thomas Maskrey Harriet Schroepfer Gerladine Mechelke Brian Shaul MaryLou Mechelke Teresa Shores Bob Spangler Tim Stafki David Stark Sandra Stevens Rita Taylor Lorraine Taylor Milo Thompson Pat Thompson Leila Tillman Franklin Tolbert Dale Trippler Celilia Tucker Connie Unger Holly Urbanski Vilhelmine Vanags Beulah VanBlaricom Barabra Vandeveer Mary Vante Connie Wagner Gene Wandersee Gayle Wasmundt John Willy Delores Witschen Karen Zacho 6. 2005 Budget Adjustments for Ambulance Service and Capital Project Funds Approved the 2005 Budget Adjustments for Ambulance Service and Capital Project Funds. 7. 2005 Budget Adjustments for General Fund Approved an increase of $709,245 in the 2005 General Fund revenue budget. 8. 2005 Payment to Firefighters Pension Fund Approved the $81,000 payment from the 2005 budget for the Firefighters Pension Fund. 9. Tax Increment Financing Development Agreement Revision — Van Dyke Street Housing (2191- 2231 Van Dyke Street) Adopted the following resolution amending the Van Dyke Village tax - increment financing agreement and authorizing the city staff to execute the necessary documents for signatures: RESOLUTION NO. 05 -10 -150 AUTHORIZING EXECUTION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT A. WHEREAS, the City and Van Dyke Street Homes, Limited Partnership, a Minnesota limited partnership (the "Developer ") have entered into a Development Agreement, dated as of November 17, 2003 (the "Development Agreement') in connection with the construction of an approximately 20 unit multifamily housing development located in the City (the 'Project'); and City Council Meeting 10 -10 -05 B. WHEREAS, the income requirements set forth in the Development Agreement for residents of the Project are more restrictive than required by the City or intended by the Developer; and C. WHEREAS, the City and the Developer wish to amend the Development Agreement as provided in this Amendment to reflect the correct income requirements for residents of the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City Council hereby approves the First Amendment to Development Agreement in substantially the form submitted, and the Mayor and Clerk are hereby authorized and directed to execute the First Amendment to Development Agreement on behalf of the City. 2. The approval hereby given to the First Amendment to Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Agreement. The execution of the Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Agreement in accordance with the terms hereof. 10. Annual Gambling Renewal -The Bird Adopted the lawful gambling resolution application for the White Bear Avenue Business Association to operate at The Bird Nightclub. RESOLUTION 05 -10 -151 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the White Bear Avenue Business Association, to operate at The Bird Night Club located at 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 11. Annual Gambling Renewal- Maplewood Lanes Adopted the lawful gambling resolution application for the White Bear Avenue Business Association to operate at the AMF Maplewood Bowl. RESOLUTION 05 -10 -152 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the White Bear Avenue Business Association, to operate at AMF Maplewood Bowl located at 1955 English Street, 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. City Council Meeting 10 -10 -05 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. PUBLIC HEARINGS 1. 7:00 p.m. Maplewood Business Center Conditional Use Permit (CUP) Review (1616 Gervais Avenue) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Patrick Lensing, Steiner Development Cindy Hall, 1596 Grandview Avenue, Maplewood J d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to give the Pioneer Press one month to correct the problems with the sound nuisance and agreed to have the council review the landscaping in 8 months. Seconded by Councilmember Rossbach Ayes -All AWARD OF BIDS None UNFINISHED BUSINESS 1. Joint Powers Agreement for Consolidated Dispatch Operations a. City Manager Fursman presented the report. b. Finance Director Faust and Police Chief Thomalla presented specifics from the report. C. Mayor Cardinal read a list of issues would like Mr. Twa, Ramsey County Manager, to address. Councilmember Rossbach moved to approve and accept the joint powers agreement for consolidated dispatch options with Ramsey County. Seconded by Councilmember Koppen Ayes -Mayor Cardinal Councilmembers Koppen and Rossbach Nay - Councilmember Juenemann K. NEW BUSINESS 1. Special Election Ordinance a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. City Council Meeting 10 -10 -05 6 Councilmember Koppen moved to accept the following first reading of the ordinance to fill a council vacancy: ORDINANCE Filling a Council Vacancy A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. B. Special Election — In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council may hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this section. This ordinance will be effective upon passage and publication. Seconded by Councilmember Rossbach Ayes-All 2. Intoxicating Liquor- Off -Sale- Phillip Lu, 2515 White Bear Avenue (Big Discount Liquor) a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. C. Mr. Lu was present to answer council questions. Councilmember Koppen moved to approve the intoxicating liquor license for Phillip Lu for Big Discount Liquor at 2515 White Bear Avenue. Seconded by Councilmember Rossbach Ayes-All 3. Intoxicating Liquor —On- Sale — Philip Poling, 3087 White Bear Avenue (T.G.I.F. Friday's) a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. C. Mr. Poling was present to answer council questions. Councilmember Koppen moved to approve the intoxicating liquor license for Philip Poling for T.G.I. F. Fridays at 3087 White Bear Avenue. Seconded by Councilmember Rossbach Ayes-All Intoxicating Liquor —On- Sale - Cheryl Lynn Wolf, 2425 Highway 61 (Currently Smiley's) City Manager Fursman presented the report. City Clerk Guilfoile presented specifics from the report. City Council Meeting 10 -10 -05 C. Ms. Wolf was available for council questions. Councilmember Koppen moved to approve the intoxicating liquor license for Cheryl Lynn Wolf for Smiley's Restaurant at 2425 Highway 61. Seconded by Councilmember Rossbach Ayes-All 5. Heritage Square Fourth Edition -Lydia Avenue Trail City Manager Fursman presented the report. Parks Director Anderson presented specifics from the report. Rossbach moved that the city not put in the trail at this time and approved the following staff recommendations: a. Provide a park dedication fee to the city of Maplewood in the amount of $20,000 to be used for trail corridor improvements from Labore Road to County Road D. b. The trail easement would remain in place for ten years and should the trail be deemed necessary, it would be developed at the city of Maplewood's expense with the monies coming from the park development fund. C. Adopt the trail easement agreement. Seconded by Councilmember Koppen Ayes-All 6. Springside Drive Extension, City Project 03 -36, Approve Resolution Authorizing Special Assessment Settlement City Manager Fursman presented the report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for Springside Drive Extension, City Project 03 -36, authorizing the Reduction of Special Assessment: RESOLUTION 05 -10 -153 AUTHORIZING SPECIAL ASSESSMENT SETTLEMENT BE IT RESOLVED by the City Council of the City of Maplewood as follows: WHEREAS, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -04 -050 authorizing the levy of special assessments to benefited property for the Springside Drive Extension -West of Sterling Street, Project Number 03 -36; and WHEREAS, the property owners Bradley Fedorowski and Dawn Fedorowski (hereinafter, collectively the "Fedorowskis ") own property subject to the aforementioned assessments located at 2437 Springside Drive and further identified by Parcel Identification Number (PIN) 122822340072 (hereinafter "Subject Property "); and WHEREAS, the Fedorowskis objected to the assessment on the basis of no perceived benefit from or disparity thereto the Subject Property; and City Council Meeting 10 -10 -05 WHEREAS, on May 9, 2005, the City Council of Maplewood, Minnesota adopted Resolution No. 05- 05 -072 denying cancellation of assessment; and WHEREAS, the Fedorowskis further objected to the assessment and expressed their intent to appeal to district court as aggrieved persons pursuant to Minnesota Statute §429.081; and WHEREAS, the City Council and the Fedorowskis desire to settle the assessment dispute without resorting to litigation and have agreed upon a reassessment amount as set forth in Agreement To Reassess Property At 2437 Springside Drive And Waive Assessment Appeal (hereinafter "Agreement") attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as follows: That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Springside Drive Street Extension, City Project 03 -36: Reassess as follows the Subject Property identified by PIN: 122822340072 and legally described as SECTION 12 TOWN 28 RANGE 22 THAT PART OF THE E 146 FT OF THE S 500 FT OF THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF SW 1/4 LYING NORTH OF THE WLY EXTENSION OF THE N L OF SPRING SIDE DRIVE E (SUBJ TO ESMT) IN SEC 12 TN 28 RN 22 to reflect the following adjustments: No, of Units Street & Storm Construction 1 Sanitary Sewer Main 0 Sanitary Sewer Service 0 Water Main 0 Water Service 0 Rate Subtotal $16,000.00 per unit $16,000.00 $2,760.00 per unit $ - $1,050.00 per service $ - $2,760.00 per unit $ - $1,050.00 per service $ TOTAL ASSESSMENT for this parcel is $16,000.00 The assessment roll for the Springside Drive Street Extension, City Project 03 -36, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. III. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. IV. The owner of any property so assessed may pay to the city clerk full or partial payments with no interest within 30 days from the adoption of this resolution. Partial payment to the city shall be a minimum of 25% of the assessment amount. Unpaid balances will be certified by the city to Ramsey County after November 9, 2005 and they may, at any time after certification to Ramsey County pay to the county auditor the entire amount of the assessment remaining unpaid. V. The city engineer and city clerk shall forthwith after November 9, 2005, but no later than November 15th, 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. City Council Meeting 10 -10 -05 AGREEMENT TO REASSESS PROPERTY AT 2437 SPRINGSIDE DRIVE AND WAIVE ASSESSMENT APPEAL This Agreement is made this day of , 2005, by and between the City of Maplewood, Minnesota, a municipal corporation (the "City ") and Bradley Fedorowski and Dawn Fedorowski (collectively the "Fedo rows kis ") WHEREAS, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -04 -050 authorizing the levy of special assessments to benefited property for the Springside Drive Extension -West of Sterling Street, Project Number 03 -36 (the "Project "); and WHEREAS, the Fedorowskis are the fee simple owners of property subject to the aforementioned assessments located at 2437 Springside Drive and further identified by Parcel Identification Number (PIN) 122822340072 ( "Subject Property "); and WHEREAS, the City specially assessed the Subject Property $23,717.76 for benefits directly resulting from the Project; WHEREAS, the Fedorowskis objected to the assessment on the basis of no perceived benefit from or disparity thereto the Subject Property; and WHEREAS, on May 9, 2005, the City Council of Maplewood, Minnesota adopted Resolution No. 05- 05 -072 denying cancellation of assessment; and WHEREAS, the Fedorowskis further objected to the assessment and expressed their intent to appeal to district court as aggrieved persons pursuant to Minnesota Statute §429.081; and WHEREAS, the City Council and the Fedorowskis desire to settle the assessment dispute without resorting to litigation and have agreed upon a reassessment amount as set forth below; NOW, THEREFORE, in consideration of the foregoing and mutual covenants and promises herein contained, the parties hereby agree as follows: The City shall reduce the special assessment to $16,000.00 ( "Adjusted Assessment ") in accordance with the proposed Resolution attached hereto as Exhibit A. 2. In consideration for the City's reassessment or reduction of the special assessment Bradley Fedorowski and Dawn Fedorowski do hereby agree and consent to the Adjusted Assessment and a. stipulate that the Subject Property has been benefited by the Project to the extent of the Adjusted Assessment; b. waive their rights to notice, hearing and appeal of this reassessment to the Subject Property set forth in but not limited to Minnesota Statutes §429.061, et seq, §429.071(2) and §429.081. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953); and c. sign any reasonable and related documents or waivers presented by the City with respect to the assessments. City Council Meeting 10 -10 -05 10 3. Each party will pay its own costs and attorneys' fees in connection with the assessment and settlement. Seconded by Councilmember Juenemann Ayes-All 7. Minnehaha and Century Intersection Improvements, City Project 05 -31, Approve Resolution Requesting Funding from MnDOT Through the Municipal Agreement Program for Improvements at the Minnehaha Avenue (CSAH 34) and Century Avenue (TH 120) Intersection City Manager Fursman presented the report. Public Works Director AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving the request for Municipal Agreement Funding form MnDOT for the Minnehaha and Century Intersection Improvements and authorized an improvement project funding of $10.000 for this project: RESOLUTION NO. 05 -10 -154 REQUESTING FUNDING FROM MN /DOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR IMPROVEMENTS AT THE MINNEHAHA AVENUE (CSAH 34) AND CENTURY AVENUE (TH 120) INTERSECTION WHEREAS, the City of Maplewood proposes to make certain improvements at the intersection of Minnehaha Avenue (CSAH 34) and Century Avenue (TH 120), and WHEREAS, the improvements will include the construction of turn lanes, signal phasing modifications, and other intersection geometric improvements, and WHEREAS, the improvements will benefit both the City of Maplewood and the Minnesota Department of Transportation (Mn /DOT). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City of Maplewood is requesting financial participation in the project from Mn /DOT through the Municipal Agreement Program. 2. The City of Maplewood will be responsible for the preliminary engineering, final design and permitting functions and costs of said improvements. The construction costs of the improvements will be shared between Mn /DOT and the City of Maplewood. The amount of Mn /DOT's participation in the construction costs shall be determined based upon the Mn /DOT Cost Participation Policy. 3. If funding is provided by Mn /DOT through the Municipal Agreement Program, the City of Maplewood will provide the local share of the improvement costs and will complete said project. Approved this 10` day of October 2005. Seconded by Councilmember Rossbach Ayes-All Request for Approval of City Recycling Contract City Manager Fursman presented the report. Public Works Director AN presented specifics from the report. City Council Meeting 10 -10 -05 11 Councilmember Juenemann moved to adopt the following Contract Agreement between the City of Maplewood and Eureka Recycling for Recycling Services. Council also authorized the following Maplewood Recycling Work plan: Maplewood Recycling Work Plan For the Period of November 2005 through December 2006 INTRODUCTION This work plan shall serve as an amendment to recycling contract between the City of Maplewood and Eureka Recycling. This work plan further details the services to be provided by Eureka Recycling, especially specific public education tools. Eureka has proposed, and the City has accepted the following major changes to the City's curbside recycling program: • New weekly service (instead of bi- weekly) • Change of route "Tuesday district 2" to Friday • Change in "holiday week" collection schedule (including limited collections on Saturdays during specified "holiday weeks ") • Adding beer and pop ( "wet strength ") boxboard • Adding textiles • Converting about 20 Multi- family dwelling (MFD) buildings from multi - family recycling service to curbside recycling service (i.e., utilizing curbside bins instead of multi - family recycling carts). Adopting a general rule that MFD buildings with 11 or more units will receive multi - family recycling service using carts and MFD buildings with 10 or less units will receive curbside service using curbside bins. • Change to Eureka — provided recycling service within the City's municipal buildings These major changes are addressed in this work plan. 1) CURBSIDE: Why weekly? Eureka Recycling is a mission - driven organization that has been the City of Saint Paul's recycling partner for two decades. Together, Eureka has been working hard to improve recycling in many ways. In 2001, Eureka Recycling conducted a 14 month study of recycling collection methods to determine the best system for Saint Paul when considering participation rates, economics, efficiency, materials recycled and environmental benefit. The results led to several recommendations designed to significantly increase the recycling rate in Saint Paul, while ensuring the program remains cost effective and easy for people to use. In the study, two stream weekly collection resulted in a 26.1 % reduction in waste over the old source separated bi- weekly method. In April 2005, the City of St. Paul made the city -wide switch to weekly collection and they have already seen a 20% recycling rate increase in five months. Eureka expects that the annual mailing to every resident will result in a sustained 25% increase in recycling over the period of the contract. City Council Meeting 10 -10 -05 12 Timing Collection routes are developed based on participation and volumes in various neighborhoods Developing efficient routes takes a lot of time and energy while ensuring good customer service. Beginning our contract with weekly collection allows for the efficient establishment of weekly routes from the start and will maximize the environmental impact of recycling over the course of the contract. When switching collection methods and /or collection days, education is critical. With either weekly or bi- weekly collection, some residents will have their recycling days switched, so it makes sense to go to weekly now. By switching to weekly collection the first year of the contract, Maplewood and Eureka Recycling will make the most out of our investment in recycling education and minimize the changes residents experience in their recycling program. Will weekly collections require more trucks? Weekly collections will require marginally more truck capacity to account for the increase in materials collected. Just because each house is serviced twice as often doesn't mean Eureka will need twice as many trucks. Since there are fewer stops and less material to gather at each stop. During the transition, Eureka does expect our trucks to be on the road for long days, so it will be vitally important for residents to have their material at the curb by 7 a.m. and leave it out all day. Working together with the City Eureka will educate residents. Is weekly collection less efficient? With weekly collection, Eureka expects our trucks to spend about the same amount of time on the road. Here's why: Not everyone will choose to recycle every week, even though the option is there. And, those that do recycle every week will have fewer materials each time because they are spreading them out over more collection days. This mean our trucks will spend about the same amount of time on the road since they will have fewer stops and less material to gather at each stop. Eureka does expect to use about 20% more fuel to collect weekly. However, with weekly collection Eureka also expects to see the amount of materials that people recycle increase by at least 15 %. The environmental benefits of recycling more materials far outweigh the energy needed to collect each week. These include • By recycling more materials, new materials do not need to be mined, like petroleum for plastic bottles. It is more energy- efficient to make new products from recycling materials than from virgin materials. For example, it takes a lot less energy to make a glass bottle from another glass bottle vs. mining silica. • Eureka does use biodiesel in our trucks, which means we have reduced the amount of petroleum -based fuel we use (see below) and significantly lower the amount of pollution from our trucks. What are the environmental impacts of having trucks on the roads weekly as opposed to biweekly? As with every decision we make about recycling programs, we carefully balance the cost, convenience, and environmental impact of all the aspects. Because of the expected increase in the amount of materials recycled (and the cleaner burning biodiesel we use in our trucks) the net environmental impact of recycling every week are positive. City Council Meeting 10 -10 -05 13 Why will recycling increase with weekly collection? • With weekly collection, if a resident misses a collection day, they only need to hold materials for one week. Now, when people miss their recycling day, they have to store a month's worth of recycling. A lot of people don't have that kind of room, and end up throwing away recyclables they don't have room to store. By coming every week and giving people more room to store recycling, we are making it easier to keep the recycling out of the trash can. • Weekly collection gives people more room to store bulkier items such as cardboard and plastic bottles. • Recycling bins aren't as heavy for people who spread out their recycling over more collection day. Biodiesel We use a 20 percent biodiesel blend in our trucks. • Biodiesel is a cleaner fuel made from soybeans that produces much less pollution than regular diesel fuel, which is better for the health of our employees and the families we serve. • Biodiesel reduces harmful greenhouse gasses and particulates that contribute to the growing asthma problems of children and the elderly. It cuts particulates by 10 %, carbon monoxide by 11 % and hydrocarbons by 21 %. • Biodiesel reduces our use of petroleum and it's sustainable. Eureka Recycling's use of biodiesel will replace 12,000 gallons of petroleum -based fuel with 216 acres of soybeans annually. • Biodiesel isn't the answer to our pollution problems. But it's an important step that we can take now until more efficient engines are available. Regular diesel fuel gives off pollutants, which settle to the ground and stay in neighborhoods. We chose biodiesel because we're in neighborhoods every day so we want to do our part to protect the health of the community and our drivers. Our mission is to pick up recycling because it's good for the environment, we don't want to leave behind pollutants that aren't. Even though it's more expensive, we are able to fund this initiative through the proceeds from the community's recycling program. We think that's well worth it. Operational Roll Out in the City of Maplewood Collection methods and procedures will follow the general intent of the guidelines outlined in the RFP and the specific requirements of the City — Eureka contract. There is currently no information on tons collected by district for the City, so to the best of our knowledge we propose the following: Change Tuesday, District 2 to Friday. This will result in balancing out the number of houses collected each week to 2500 except for Thursdays. We will initially use the additional capacity of Thursdays to focus on Multi family recycling service and tonnage growth. Route maps- Except for the Tuesday district 2 change noted above, we will use the current district systems and collection days in Maplewood, with both the 1 and 2 districts of each day being collected weekly Curbside Bins- We will work to assist Maplewood in locating a cost effective to solution to ordering 14 to16 gallon bins. Education Eureka Recycling will focus the initial education on communicating to all residents about changes in the recycling program and addressing the common, expected issues with the goals of increasing City Council Meeting 10 -10 -05 14 participation and quality of materials set out at the curb. Eureka Recycling will provide the following educational efforts to all Maplewood Residents, starting January 1'`, 2006. • City -wide mailing with district specific information • Corrective tagging, mailing and tracking • Newsletter submission for all messages and changes • Attendance at Environmental Committee meetings as desired by the City • Answer all calls to the hotline about resident's questions or concerns with recycling. Specific Messages: "Weekly Collection" • The switch to weekly collection will be the main focus of the city -wide mailing. • Eureka Recycling will put magnets on their trucks in Maplewood announcing weekly collection • Eureka will send monthly reminder stickers in the city -wide mailing (comes with textiles /holiday) "Change Tuesday - District 2 to Friday" (Specific to this district only; Approximately 2,400 households) • The correct days and schedules will be promoted in the city wide mailing. • A separate (district- specific), direct mailing will be sent to all residents in December about the change • Volunteers will be provided with lawn signs to remind their neighbors about the day change "Move multifamily units with less than 11 units to curbside" • Eureka Recycling will add all eligible multifamily building to the city -wide mailing list to ensure residents are properly educated on curbside collection. • Direct mail to all residents about the change "Addition of Pop & Beer boxes and Textiles" • Information will be included in the city -wide mailing • Drivers will have corrective tags for materials prepared incorrectly "At the curb by 7 a.m." Because of new routes, residents may not be picked up at the same time they are accustomed to. To avoid missed pickups, frustrated residents and decreased recycling rates, the 7am message is key. • The information will be highlighted in the city -wide mailing • Eureka will have corrective tags for materials set out late "Holiday Schedule" There will be a new system for residents to get used to around holiday pick -ups. To minimized confusion, Eureka Recycling will: • Provide a newsletter notice prior to all holidays City Council Meeting 10 -10 -05 15 • Highlight information in the city -wide mailing • Reminder holiday sticker with the city -wide mailing (w /textiles /weekly) "Common problems: garbage/not sorted" • Corrective tagging, postcard mailing and data tracking • Additional optional education o Extensive targeted outreach to repeat addresses, including custom letters, one on one training, phone calls, etc. Weekly Curbside Recycling Tonnage Projections Curbside tonnage projections (in terms of pounds per household served) will be based on 15% increase first year, 2% increase each additional year. 2) MUTLI FAMILY RECYCLING Operational Roll Out: For over 10 years, Eureka Recycling has focused extensively on how to build an effective multifamily recycling program. Most of the strategies are outlined in our multifamily recycling toolkit and Eureka will follow this approach in Maplewood. Most important is to set up each account individually to meet the unique needs and challenges of the property. This requires significant time, but is well worth the investment in the long run. The basic steps for each building include: • Contacting the building owner or manager, making sure they buy into the program and sign a recycling agreement. Maplewood's Multi - Family Recycling Ordinance requires all mutli- family properties to offer recycling to their tenants. • Each site is set up with the appropriate types of containers. • All information is entered into our multifamily database. • The account is monitored closely for the first three to six months to adjust to the proper schedule and to address contamination and participation issues through the proper education. • Information on the amount and types of materials collected, any problems with the site or contamination and any communication with the building managers are entered into the database each collection day. Eureka Recycling will follow the requirements outlined in the RFP for all buildings with 11 or more units. Timing: • Current Account Transition (November 2005 through June 2006) Beginning in November 2005, Eureka Recycling Staff will begin contacting property owners that currently have City service, signing recycling agreements and getting information into the database. o Cart set ups will occur in late December 2005 to prevent any disruption in service. o Close monitoring of setups and accounts will continue for the subsequent three to six months and continued education will occur depending on need. City Council Meeting 10 -10 -05 16 RESULTS: All current City serviced accounts will be set up by January 1'`, 2006. Eureka will monitor these sites to adjust for appropriate service level and apply education as needed. • Preparation for outreach to buildings with less than 11 units (starting November 2005) o Eureka Recycling will work with the City to identify all multifamily buildings with less than 11 units. For buildings not currently receiving service, Eureka will contact them about participating in the curbside recycling program add them to our curbside mailing list. o For buildings currently receiving multi family recycling (i.e. cart service), we will individually contact them about transitioning to curbside recycling service. Eureka will provide appropriate education to the residents of these buildings about the change. RESULTS: More residents will have access to the more efficient curbside recycling program. Currently served residents will receive proper notification by January 1' to continue recycling uninterrupted. • New Accounts (starting June 2006) Eureka Recycling will work with the City to prioritize and target outreach to new buildings (including City buildings in Maplewood). This should be based on geographic area. To allow the proper time to sustainably set up accounts, Eureka Recycling will set up 8 to 10 new buildings each quarter based on the targeted list of prioritized accounts compiled together with the City. Eureka Recycling will field calls from buildings that call to request service and schedule their set up as part of the work above. RESULTS: Eureka Recycling will work with the City to prioritize, recruit and add 8 to10 new accounts per quarter in a sustainable manner until all MFD buildings are served. Education MULTIFAMILY Eureka Recycling will first focus on gathering information about buildings and properly setting up multifamily carts at buildings with clear labels. Then, Eureka will annually respond to the performance monitoring information we collect (tonnage, participation, etc.) to target outreach. • Labeling of carts • Tracking of building information for future outreach • Corrective postcards sent to un- serviceable accounts • Newsletter submission about multifamily recycling • Answer all calls to the hotline • Distribution of fliers /posters to building management o Current accounts (October 2005 -June 2006) o Dumpster to Cart accounts (January 2006) City Council Meeting 10 -10 -05 17 o New accounts (after June 2006: 8 -10 /quarter) Projected Multi Family Recycling Tonnage Increases Tonnage projections will be based on growth of service of 8 to 10 additional buildings per quarter until all MFD buildings are served. 3) PERFORMANCE MONITORING In efforts to determine appropriate education and operational decisions that will maximize the recovery of materials and decrease contamination, Eureka Recycling will track the details of collection in Maplewood. Curbside: o Eureka Recycling will track the total tons collected by daily route. This will establish base line data to evaluate trends by area of the City. o Once a year Eureka will do a participation (over a one month period) and set out analysis for each daily route. This will involve tracking how many households participate in recycling at least once a month and how many households set out materials on average each week. o Track number of "driver education tags" by day and by route. Multifamily: For each multi family building, Eureka will track the: o Type of service: multi family recycling vs. curbside recycling (for buildings with 10 or fewer units). o Number of units per building. o Amount of materials collected by type. o Any contamination or customer service problems. o Date and type of educational materials received at the property. o Amounts and types of containers at the property. Processing: o Eureka will conduct an annual composition analysis by commodity. Customer Service: Eureka will track compliments, complaints, missed pick -ups, late setouts, contamination issues, and phone calls to evaluate our customer service efforts. Seconded by Councilmember Rossbach Ayes -All Play System for Maplewood Heights Park City Manager Fursman presented the report. Director of Parks and Recreation Anderson presented specifics from the report. Councilmember Koppen moved to award a contract to Earl F. Andersen to purchase playground equipment at Maplewood Heights Park through U.S. Communities at a cost of City Council Meeting 10 -10 -05 18 $52,223. The council also established a budget of $76,000 for the Maplewood Heights project with monies re- allocated from the park development fund for the Joy Park Trail. Seconded by Councilmember Juenemann Ayes-All 10. Deer Herd Reduction City Manager Fursman presented the report. Director of Parks and Recreation Anderson presented specifics from the report. Councilmember Rossbach moved to approve the hiring of a management company to utilize shapshooters to reduce the deer herd in southern Maplewood, with the monies to be allocated for the contingency fund not to exceed $28,000. Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS Joe Polenchek, 1359 Skillman, Maplewood, inquired if staff considered putting the Gladstone question on the general election ballot. Assistant City Manger Coleman noted it was much too late to put the question on the ballot, also stating that staff is still in the planning process and hopes to bring the plan to the public and the City Council in December. Gerry Hoffman — 2469 Hillwood Drive, Maplewood was pleased with the endorsement by council to direct staff to manage the deer herd. M. COUNCIL PRESENTATIONS 1. Open Council Interviews on Television Cable — October 17` at 5:00 p.m. the interviews for the open council seat to be filled temporarily will be televised on local cable station GTN Channel 16. 2. City Clean -up Day- Saturday, October 15` 8:00 a.m. to noon is City Clean -up Day at Gethsemane Lutheran Church. Further details are available on the city website. 3. Traffic Study - Councilmember Rossbach noted the City of Roseville passed a resolution requesting a traffic study for the intersection of Rice Street and County Road B. Councilmember Rossbach asked for staff to contact the City of Little Canada to inform them Maplewood may potentially be involved in the study. 4. Population of Geese - Councilmember Koppen requested a plan to discuss the number of geese in the city and surrounding cities. Parks and Recreation Director Anderson explained how the problem is region wide and feeding them enhances the problem. N. ADMINISTRATIVE PRESENTATIONS Application for the council vacancy for the seat of Jackie - Monahan Junek will be accepted at the city until 12 noon on Friday, October 14` 161 il11!,16111N0 1 hUl;10 1 1111 Councilmember Juenemann moved to adjourn the meeting at 9:26 p.m. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 10 -10 -05 19 MINUTES SPECIAL MAPLEWOOD CITY COUNCIL MEETING 5:00 P.M. Monday, October 17, 2005 Council Chambers, City Hall DRAFT Meeting No. 05 -22 Agenda Item D2 A. CALL TO ORDER A C. A E PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Will Rossbach, Councilmember Present Present Present Present Others Present: City Manager Fursman Assistant City Manager Coleman REAL Director /City Clerk Guilfoile APPROVAL OF AGENDA I0IAgtA- 11'&1l10 * *1 Human Resource Director Le Police Chief Thomalla 1. City Council Temporary Appointment Interviews After discussion regarding the process, council interviewed the following applicants for the temporary appointment on the council: Council took a ten minute recess to review the applications and the interview process. Anthony Ariola John Baker David Bartol James Dykes John Opheim Carolyn Peterson George Rossbach Jean Strait Julie Wasiluk After consideration and totaling the ballots, the City Manager revealed that there was a 3 -way tie between David Bartol (6 votes), George Rossbach (6 votes) and Julie Wasiluk (6 votes) and following state statute, the Mayor would break the tie. The Mayor requested a 5 minutes recess. The Mayor broke the three -way tie by naming David Bartol as the temporary appointment. The council will vote on the individual at its November 14 council meeting. F. ADJOURNMENT The meeting adjourned at 6:55 p.m. Agenda Item F.1 ILril =ILVAI 1 CL1 L Bill VAI TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: World Town Planning Day DATE: October 17. 2005 INTRODUCTION World Town Planning Day is sponsored in the United States by the American Planning Association and its professional institute, the American Institute of Certified Planners. This is a special day to recognize the role of planning in creating livable communities by promoting an awareness, support, and advocacy of community and regional planning among the general public and all levels of government. The 56 annual World Town Planning Day will be celebrated this year in approximately 30 countries on November 8, 2005. As a first -ring suburb, Maplewood is feeling the pressures of in -fill development, redevelopment, and population growth. These pressures present continuing challenges for the city and make urban planning more important each and every year. The recognition of World Town Planning Day by the city council is one way for the city to emphasize the importance of community and land use planning to the quality of life. N x901 Lrihri14 L UL %I IQ L l The City of Maplewood should demonstrate our commitment to planning and our community by adopting the attached official proclamation designating November 8, 2005 as World Town Planning Day. Attachment: World Town Planning Day Proclamation PROCLAMATION WHEREAS, November 8 of each year has been celebrated as WORLD TOWN PLANNING DAY in many countries over the last 56 years; and WHEREAS, the American Planning Association and the American Institute of Certified Planners endorse World Town Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our community and environment; and WHEREAS, the celebration of World Town Planning Day gives the City of Maplewood an opportunity to publicly recognize the participation and dedication of the members of planning commission, community design review board, and other citizen planners who have contributed their time and expertise to the improvement of the city; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the city and extend our thanks for the continued commitment to public service; NOW, THEREFORE, BE IT RESOLVED THAT, November 8, 2005, is hereby designated as COMMUNITY AND REGIONAL PLANNING DAY in the City of Maplewood in conjunction with the worldwide celebration of WORLD TOWN PLANNING DAY. Adopted this 24 Day of October 2005. Robert Cardinal, Mayor Karen Guilfoile, City Clerk AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 24, 2005 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 7,904.03 Checks # 68153 thru # 68154 dated 10/05/05 S 673,909.31 Checks #68155 thru # 68218 dated 10/11/05 S 759,634.25 Disbursements via debits to checking account dated 9/30/05 thru 10/06/05 $ 380.25 Checks # 68219 dated 10/13/05 S 340,438.57 Checks # 68220 thru # 68271 dated 10/18/05 S 284,210.83 Disbursements via debits to checking account dated 10/07/05 thru 10/13/05 S 2,066,477.24 Total Accounts Payable PAYROLL S 461,592.86 Payroll Checks and Direct Deposits dated 10 -07 -05 $ 2,406.75 Payroll Deduction check # 102805 thru # 102807 dated 10 -07 -05 S 463,999.61 Total Payroll S 2,530,476.85 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questior on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments P: \EXCEL\APRCLMS \2005 \05- AprClms 10 -07 and 10 -14 vchlist Check Register Page: 10/07/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 68153 10/5/2005 03198 PROUD PAINTERS PAINT RACQUETBALL COURTS & TRACK 2,260.00 68154 10/5/2005 03512 TRITON COMMERCIAL DIVING SRVS PROJ 02 -07 UNDERWATER SERVICE 5,644.03 68155 10/11/2005 02301 622 COMMUNITIES PARTNERSHIP CHARITABLE GAMBLING PROCEEDS 300.00 68156 10/11/2005 00014 AT &T MANAGED INTERNET SRV - SEP 1,013.60 68157 10/11/2005 01908 ADMINISTRATION, DEPT OF WIDE AREA NETWORK - AUG 392.00 68158 10/11/2005 00135 ASSN OF TRNG OFFICERS OF MN TRAINING 9/19 -9/23 1,250.00 68159 10/11/2005 03513 BIERDEMAN, BRIAN REIMS FOR FLASHLIGHT 137.00 68160 10/11/2005 00198 BOARD OF WATER COMMISSIONERS WATER UTILITY 28.29 WATER UTILITY 1,086.41 WATER UTILITY 241.84 WATER UTILITY 81.32 68161 10/11/2005 00211 BRAUN INTERTEC CORP. PROJ 02 -07 PROF SRVS THRU 9/9 1,226.00 PROJ 03 -07 PROF SRVS THRU 9/9 1,859.50 PROJ 02 -08 PROF SRVS THRU 9/9 1,518.00 PROJ 03 -19 PROF SRVS THRU 9/9 2,352.00 68162 10/11/2005 03514 BRAUN PUMP & CONTROLS INC FIBER WASHERS 32.54 68163 10/11/2005 01986 BUSACK, DANIEL REIMS FOR MEALS 9/12 -9/15 31.86 68164 10/11/2005 00283 CENTURY COLLEGE FF TUITION 5,283.07 FF TUITION - PAUL NOWICKI 396.33 FF TUITION - BRETT KNAPP 416.33 68165 10/11/2005 03515 CHRISTIANSEN, KEVIN REIMS FOR CONFERENCE 15.00 68166 10/11/2005 00300 CLAREYS SAFETY EQUIPMENT REPAIR VEHICLE 232.45 68167 10/11/2005 00309 COMMISSIONER OF TRANSPORTATION TESTING 1,571.72 68168 10/11/2005 00358 DGM INC. TOW MEDIC VEHICLE 133.13 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 68169 10/11/2005 00103 EARL F ANDERSON INC ECONOCHAIRS 5,290.92 68170 10/11/2005 00471 ERICKSON, VIRGINIA REIMS FOR UNIFORM 250.95 68171 10/11/2005 00003 ESCROW REFUND REF GRDG ESC -GARY KRUCKEBERG 500.00 68172 10/11/2005 00499 FAUST, DANIEL REIMS FOR MEAL 9/20 11.00 68173 10/11/2005 00508 FIRE INSTRUCTORS ASSN OF MINN TRAINING 53.25 68174 10/11/2005 02071 FISHER, DAVID REIMS FOR MILEAGE 7/28 TO 8/11 35.24 REIMS FOR MEALS, TAX, PARK & MILEAGE 252.12 68175 10/11/2005 02635 G -WHIZ LETTERING SHIRT EMBROIDERY 69.23 68176 10/11/2005 03516 GABRIEL, ANTHONY REIMS FOR UNIFORM 516.28 68177 10/11/2005 02642 GALLES CORP VACUUM CLEANER SUPPLIES 147.53 68178 10/11/2005 00573 GLASS & MIRROR, INC. GLASS FOR DOOR 89.24 68179 10/11/2005 00612 GYM WORKS INC EQUIP PREVENTATIVE MAINTENANCE 300.00 68180 10/11/2005 00660 HENNEPIN TECHNICAL COLLEGE FF TUITION 285.56 68181 10/11/2005 00677 HOME DEPOT - CREDIT SERVICES JANITORIAL SUPPLIES 206.99 68182 10/11/2005 02237 IMPERIAL IMPRESSIONS POLICE INFO CARDS 110.36 68183 10/11/2005 02995 INTEGRATED LOSS CONTROL INC HEALTH & SAFETY SRVS -4TH QTR 1,743.00 68184 10/11/2005 01894 KELLY & FAWCETT PA PROSECUTION SRVS - SEP 9,825.00 LEGAL SERVICES - SEP 25,722.78 68185 10/11/2005 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 02 -21 PROF SRVS THRU 8/31 1,814.60 PROJ 02 -07 PROF SRVS THRU 8/31 1,988.68 PROJ 04 -21 PROF SRVS THRU 8/31 9,850.04 PROJ 05 -10 PROF SRVS THRU 8/31 23,550.53 PROJ 05 -07 PROF SRVS THRU 8/31 8,198.28 68186 10/11/2005 00935 MAPLEWOOD FIRE FIGHTERS RELIEF STATE FIRE AID 224,005.00 2 vchlist Check Register Page: 2 10/07/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 68187 10/11/2005 01027 MN STATE TREASURER MONTHLY SURTAX - SEP 7,262.05 68188 10/11/2005 03248 MUSIC MAGIC DJ FOR DANCE 10/28 325.00 68189 10/11/2005 01149 NATURAL RESOURCES RESTOR INC BUCKTHORN & TREE REMOVAL 958.50 68190 10/11/2005 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD CITY NEWS 3,344.00 68191 10/11/2005 02893 OLSON, MARY WATER QUIZ EXHIBIT 480.00 68192 10/11/2005 01218 ON SITE SANITATION TEMPORARY RESTROOMS 133.96 68193 10/11/2005 00001 ONE TIME VENDOR REF BENNETT DY - MEMBERSHIP 119.81 68194 10/11/2005 00001 ONE TIME VENDOR REF LEO FRANCIS - MEMBERSHIP 79.88 68195 10/11/2005 00001 ONE TIME VENDOR REF DAVID OSTROM - MEMBERSHIP 55.00 68196 10/11/2005 00001 ONE TIME VENDOR REF BRIDGID DOWDAL - MCC CLASS 39.00 68197 10/11/2005 00001 ONE TIME VENDOR REF JOAN BROWN - MCC CLASS 39.00 68198 10/11/2005 01941 PATRICK GRAPHICS & TROPHIES SOCCER TROPHIES 1,498.67 68199 10/11/2005 01253 PEOPLES ELECTRICAL - COMMUNICATI LOCATING UTILITIES 124.04 68200 10/11/2005 01289 PRAIRIE RESTORATIONS INC HERBICIDE APPLICATION 1,003.55 68201 10/11/2005 00396 PUBLIC SAFETY, DEPT OF TRAINING FEE 60.00 TRAINING FEE 120.00 68202 10/11/2005 00396 PUBLIC SAFETY, DEPT OF TRANSFER TITLE CN #04- 019 -141 17.50 TRANSFER TITLE CN # 05- 004 -482 17.50 TRANSFER TITLE CN #05- 005 -634 17.50 68203 10/11/2005 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 65.06 68204 10/11/2005 03446 RICK JOHNSON DEER & BEAVER INC DEER REMOVAL -SEP 400.00 68205 10/11/2005 01387 ROSSINI, DR. JAMES FITNESS PROGRAM - SEP 100.00 68206 10/11/2005 02859 RT ELECTRIC, INC INSTALL AND UPGRADE WARNING SIRENS 4,306.00 INSTALL AND UPGRADE WARNING SIRENS 1,494.00 68207 10/11/2005 01409 S.E.H. PROJ 04 -21 PROF SRVS - AUG 98.45 PROJ 04 -21 PROF SRVS - AUG 10,204.18 PROJ 04 -22 PROF SRVS - AUG 2,055.74 PROJ 02 -07 PROF SRVS - AUG 536.08 HILL MURRAY SITE PROF SRVS -AUG 1,255.56 AFTON HEIGHTS PARK PROF SRV -AUG 1,194.00 BRAND AVE PROF SRVS - AUG 904.65 PROJ 03 -07 PROF SRVS - AUG 29,389.02 NPDES PHASE II SRV - AUG 183.75 PROJ 03 -04 PROF SRVS - AUG 166.13 68208 10/11/2005 02930 SCHMIDT, DEB REIMS FOR MILEAGE 9/21 -9/29 9.35 68209 10/11/2005 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD D PYMT #6 14,947.68 68210 10/11/2005 03398 SHAMROCK GROUP MERCH FOR RESALE 115.00 68211 10/11/2005 01504 ST PAUL, CITY OF PROJ 05 -10 ADMIN FEE FOR WATER SRVS 1,200.00 68212 10/11/2005 02981 STORK TWIN CITY TESTING CORP INSTRUMENTATION MONITORING 427.50 PROJ 03 -07 SOIL BORINGS 2,560.00 68213 10/11/2005 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 3,590.80 68214 10/11/2005 01572 SYSTEMS SUPPLY, INC. HP DJ600 INK 53.78 CARTRIDGE TONER FOR LJ210 93.85 HP LJ 4000 TONER 238.30 68215 10/11/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 2,050.21 PAVING PROJECT AT FIRE STATION 2,000.29 PROJ 02 -08 CTY RD D PYMT #4 229,402.42 68216 10/11/2005 01578 T.R.F. SUPPLY CO. TOWELS 646.26 68217 10/11/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 3,273.16 68218 10/11/2005 01190 XCEL ENERGY MONTHLY UTILITIES 10,502.67 66 Checks in this report Total checks : 681,813.34 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 09/29/05 09/23/05 09/29/05 09/30/05 09/30/05 10/03/05 09/30/05 09/30/05 10/03/05 09/30/05 10/04/05 09/30/05 10/05/05 09/30/05 09/30/05 09/30/05 09/30/05 10/03/05 10/03/05 10/03/05 10/03/05 10/03/05 10/04/05 10/04/05 10/05/05 10/05/05 10/06/05 10/06/05 MN State Treasurer WI Dept of Revenue MN Dept of Natural Resources MN State Treasurer Pitney Bowes US Bank Trust US Bank Discover MN State Treasurer Pitney Bowes MN State Treasurer US Bank VISA One Card* MN State Treasurer Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License /Deputy Registrar Postage Debt Service Credit Card fees Credit Card fees Drivers License /Deputy Registrar Postage Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. Amount 13,298.60 1,649.84 177.50 11,618.50 2,985.00 614,681.26 1,592.22 78.21 24,287.57 15.00 21,608.13 46,554.30 16,207.30 4,880.82 759,634.25 53 Transaction Review For Transactions posted between 09/17/2005 to 09/30/2005 Post Date Vendor Name 09/19/2005 09/19/2005 09/23/2005 09/29/2005 09/22/2005 09/27/2005 09/20/2005 09/23/2005 09/27/2005 09/28/2005 09/30/2005 09/30/2005 09/30/2005 09/30/2005 09/19/2005 09/20/2005 09/26/2005 09/29/2005 09/21/2005 09/23/2005 09/20/2005 09/22/2005 09/21/2005 09/27/2005 09/30/2005 09/28/2005 09/26/2005 09/23/2005 09/26/2005 UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC SHRED -IT THE UPS STORE #2171 COMCAST CABLE COMM ALLIED MARKETING 00 OF 00 S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS ST PAUL STAMP WORKS INC ST PAUL STAMP WORKS INC ST PAUL STAMP WORKS INC ST PAUL STAMP WORKS INC SPRINT WIRELESS SVCS ARMSTRONG RANCH KENNELS CUB FOODS, INC. METROCALL ARCH WIRE CINTAS FIRST AID #0431 S & T OFFICE PRODUCTS FEDEX 835 - 939091808 NARDINI FIRE EQUIPMENT CINTAS FIRST AID #0431 CATCO PARTS & SERV #1 DALCO ENTERPRISES, INC SHRED -IT MUSKA LIGHTING CENTER QWESTCOMM TN651 PIONEER PRESS SUBSCRIPTI Settlement Amt Cardholder Name 10/4/2005 332.01 JOHN BANICK 1,241.81 JOHN BANICK 94.24 JOHN BANICK 16.31 JOHN BANICK 48.28 ROBERTA DARST 378.00 KAREN GUILFO FEE 66.50 LORI HANSON 10.74 LORI HANSON 52.07 LORI HANSON 7.67 LORI HANSON 71.67 LORI HANSON 239.65 LORI HANSON 302.86 LORI HANSON 50.37 LORI HANSON 145.06 STEVE HURLEY 41.54 DAVID KVAM 41.99 GORDON MALLORY 39.39 ED NADEAU 33.17 BRYAN NAGEL 151.05 AMY NIVEN 31.93 PHILIP F POWELL 220.00 PHILIP F POWELL 30.54 WILLIAM J PRIEFER 132.44 STEVEN PRIEM 608.50 MICHAEL REILLY -43.35 DEB SCHMIDT 146.93 LYLE SWANSON 358.25 JUDY TETZLAFF 31.20 SUSAN ZWIEG 4,880.82 5 Transaction Review For Transactions posted between 09/17/2005 to 09/30/2005 Post Date Vendor Name Settlement Amt Cardholder Name 9/19/2005 NRPA $130.00 BRUCE K ANDERSON 9/21/2005 CUB FOODS, INC. $47.83 BRUCE KANDERSON 9/21/2005 NATIONAL RECREATION AND P $525.00 BRUCE K ANDERSON 9/28/2005 SPRINT PCS- 996 -SP IVR $35.00 BRUCE K ANDERSON 9/23/2005 FACTORY CARD OUTLET #284 $90.70 MANDY ANZALDI 9/26/2005 CUB FOODS, INC. $7.98 MANDY ANZALDI 9/26/2005 BARNES & NOBLE #2227 $7.01 MANDY ANZALDI 9/28/2005 PARTYLAND & AMERICAN CARN $90.20 MANDY ANZALDI 9/19/2005 SUPERAMERICA4256 Q64 $22.58 JOHN BANICK 9/19/2005 INFINITY WIRELESS INC $495.23 JOHN BANICK 9/19/2005 PERFORMANCE TRANSMI $1,651.45 JOHN BANICK 9/19/2005 STREICHERS INC $105.33 JOHN BANICK 9/27/2005 HEALTHEASTTRANSPORTATN $4,396.02 JOHN BANICK 9/28/2005 CENTURY BOOKSTORE $19.00 JOHN BANICK 9/28/2005 KUSTOM SIGNALS, INC. $3,804.92 JOHN BANICK 9/19/2005 EXCELLCOM $21.29 JIM BEHAN 9/19/2005 VERIZON WRLS OT 12KW $97.23 JIM BEHAN 9/22/2005 HENRIKSEN ACE HARDWARE $11.99 JIM BEHAN 9/23/2005 US WATER SERVICES $305.83 JIM BEHAN 9/26/2005 HENRIKSEN ACE HARDWARE $8.67 JIM BEHAN 9/28/2005 SCAFFOLD SERVICE $482.45 JIM BEHAN 9/30/2005 PRIORTIY COURIER $24.87 JIM BEHAN 9/21/2005 RESOURCE CENTER OF THE AM $75.00 OAKLEY BIESANZ 9/22/2005 KNOWLANS #2 $6.86 OAKLEY BIESANZ 9/29/2005 KNOWLANS #2 $6.38 OAKLEY BIESANZ 9/30/2005 RADIO SHACK 00160853 $9.61 OAKLEY BIESANZ 9/21/2005 MENARDS 3022 $59.54 RON BOURQUIN 9/27/2005 MENARDS 3022 $194.69 RON BOURQUIN 9/20/2005 HEJNY RENTAL $59.28 ROGER BREHEIM 9/22/2005 MENARDS 3059 $51.10 ROGER BREHEIM 9/23/2005 CITI -CARGO $106.50 ROGER BREHEIM 9/28/2005 MENARDS 3059 $13.50 ROGER BREHEIM 9/28/2005 NAPA AUTO PARTS # 28438 $34.07 TROY BRINK 9/19/2005 FEDEX KINKO'S #0617 $104.37 HEIDI CAREY 9/21/2005 LEARNING RESOURCES NETWK $295.00 HEIDI CAREY 9/26/2005 LEARNING RESOURCES NETWK $45.00 HEIDI CAREY 9/27/2005 PAPER DEPOT $35.15 HEIDI CAREY 9/30/2005 FEDEX KINKO'S #0617 $62.93 HEIDI CAREY 9/30/2005 FEDEX KINKO'S #0617 $104.37 HEIDI CAREY 9/21/2005 T-MOBILE # 1065 $170.37 MELINDACOLEMAN 9/29/2005 BARNES & NOBLE #2614 $17.04 MELINDA COLEMAN 9/26/2005 GE CAPITAL $158.69 LINDA CROSSON 9/26/2005 TIME WARNER CABLE $109.79 LINDA CROSSON 9/27/2005 HILLYARD INC MINNEAPOLIS ($8.00) LINDA CROSSON 9/28/2005 PARTYCHEAP.COM $87.55 LINDA CROSSON 9/29/2005 ACTIVE - MRPA $313.93 LINDA CROSSON 9/19/2005 S & T OFFICE PRODUCTS $7.38 ROBERTA DARST 9/20/2005 S & T OFFICE PRODUCTS ($3.88) ROBERTA DARST 9/29/2005 COMCAST CABLE COMM $107.35 ROBERTA DARST 9/20/2005 BEST BUY 00000109 $15.96 JOHN DUCHARME 9/30/2005 OFFICE MAX 00002204 $19.16 JOHN DUCHARME 9/19/2005 BATTERIES PLUS ($29.80) ANDREW ENGSTROM 9/19/2005 SEELYE PLASTICS, INC. $174.89 LARRY FARR 9/26/2005 NORTHERN DOOR COMPANY $488.50 LARRY FARR 2 Post Date Vendor Name 9/29/2005 ROTO ROOTER #10226 9/30/2005 MINNESOTA AIR-BLOOMINGTON 9/30/2005 WW GRAINGER 500 9/26/2005 ARROWWOOD RESORT AND CONF 9/27/2005 SWEET WATER TAVERN 9/30/2005 SUBWAY # 23834 9/30/2005 SUBWAY # 23834 9/29/2005 INSIGHT PUBLIC SECTOR 9/23/2005 PAKOR INC 9/22/2005 BROCK WHITE -ADMIN 150 9/28/2005 BROCK WHITE -ADMIN 150 9/19/2005 S & T OFFICE PRODUCTS 9/26/2005 S & T OFFICE PRODUCTS 9/27/2005 S & T OFFICE PRODUCTS 9/23/2005 SSG *BSN /PASSON /GSC 9/26/2005 THE HOME DEPOT 2801 9/29/2005 SCHOOL TECH INC 9/29/2005 OFFICE MAX 00002204 9/19/2005 RAINBOW FOODS 00088526 9/27/2005 HOULE FARM GARDEN & 9/27/2005 HANCOCK FABRICS 6199 9/30/2005 THE HOME DEPOT 2801 9/19/2005 REED BUS INFO ACCT REC 9/21/2005 DATABAZAAR.COM 9/28/2005 DATABAZAAR.COM 9/19/2005 WAL MART 9/26/2005 QUIZNO OF MAPLEWOOD 9/26/2005 TARGET 00011858 9/26/2005 CUB FOODS, INC. 9/26/2005 MENARDS 3059 9/28/2005 TARGET 00011858 9/28/2005 MENARDS 3059 9/29/2005 TARGET 00011858 9/29/2005 MENARDS 3059 9/26/2005 NORTHERN TOOL EQUIPMNT 9/29/2005 BEST BUY 00000109 9/19/2005 KNOWLANS #2 9/26/2005 ISLAND INN 9/30/2005 KNOWLANS #2 9/28/2005 TARGET 00011858 9/26/2005 THE UPS STORE #2171 9/21/2005 ST PAUL STAMP WORKS INC 9/21/2005 HENRIKSEN ACE HARDWARE 9/26/2005 CUB FOODS, INC. 9/23/2005 BANDANAS BAR B Q PEARTREE 9/26/2005 MSP AIRPORT PA20002002 9/26/2005 MARRIOTT 33713 S.L. - F/B 9/26/2005 MARRIOTT 33713 ST LOUIS A 9/20/2005 HOTEL MONACO DENVER 9/20/2005 NORTHERN TOOL EQUIPMNT 9/29/2005 HIRSHFIELD'S MAPLEWOOD 9/29/2005 MENARDS 3022 9/19/2005 ADVANCED GRAPHIX INC 9/19/2005 ADVANCED GRAPHIX INC 9/19/2005 ADVANCED GRAPHIX INC 9/21/2005 SBC PAGING 9/23/2005 HOLIDAY STATIONSTORE Settlement Amt Cardholder Name $432.25 LARRY FARR $708.00 LARRY FARR $385.80 LARRY FARR $336.41 DANIEL F FAUST $9.00 DAVID FISHER $4.01 DAVID FISHER $6.77 DAVID FISHER $51.73 NICK FRANZEN $410.44 PATRICIA FRY $1,476.09 VIRGINIAGAYNOR $325.89 VIRGINIAGAYNOR $77.26 JEAN GLASS $106.97 JEAN GLASS $42.41 JEAN GLASS $102.96 MIKE GRAF $4.20 MIKE GRAF $375.80 MIKE GRAF $14.12 MIKE GRAF $2.55 JANET M GREW HAYMAN $47.66 JANET M GREW HAYMAN $7.01 JANET M GREW HAYMAN $65.71 MARK HAAG $1,218.06 LORI HANSON $174.20 LORI HANSON $167.10 LORI HANSON $37.28 MICHAEL HEMQUIST $255.56 MICHAEL HEMQUIST $66.00 MICHAEL HEMQUIST $148.75 MICHAEL HEMQUIST $36.63 MICHAEL HEMQUIST ($10.64) MICHAEL HEMQUIST $63.92 MICHAEL HEMQUIST ($31.94) MICHAEL HEMQUIST ($18.28) MICHAEL HEMQUIST $16.51 RON HORWATH $33.00 STEVE HURLEY $12.45 ANN E HUTCHINSON $88.49 ANN E HUTCHINSON $17.03 ANN E HUTCHINSON $44.67 DAVID JAHN $16.31 TOM KALKA $21.54 LOIS KNUTSON $13.32 MARY B KOEHNEN $20.03 MARY B KOEHNEN $10.08 DAVID KVAM $76.00 DAVID KVAM $5.83 DAVID KVAM $35.85 DAVID KVAM $456.89 SHERYL L LE $319.49 DENNIS LINDORFF $328.79 DENNIS LINDORFF $23.24 DENNIS LINDORFF $331.90 STEVE LUKIN $127.80 STEVE LUKIN $17.43 STEVE LUKIN $17.69 STEVE LUKIN $43.00 STEVE LUKIN 7 Post Date Vendor Name Settlement Amt Cardholder Name 9/27/2005 NORMS TIRE SALES, $119.98 STEVE LUKIN 9/30/2005 USPS 2663650015 $4.42 STEVE LUKIN 9/30/2005 EMERGENCY APPARATUS MAINT $646.88 STEVE LUKIN 9/22/2005 HUGOS TREE CARE $152.30 MARK MARUSKA 9/22/2005 HUGOS TREE CARE $485.64 MARK MARUSKA 9/22/2005 HUGOS TREE CARE $276.90 MARK MARUSKA 9/26/2005 KRINKIE HEATING & A/C $4,098.20 MARK MARUSKA 9/26/2005 DAVIS /SUN TURF /ST. PAUL $84.60 MARK MARUSKA 9/29/2005 ON SITE SANITATION INC $1,454.75 MARK MARUSKA 9/20/2005 TARGET 00011858 $42.58 ED NADEAU 9/19/2005 VOYAGEURS AREA COUNCIL $250.00 JULIE OLSON 9/23/2005 KATH AUTO PARTS NSP $4.99 ROBERT PETERSON 9/26/2005 BATTERIES PLUS $319.46 ROBERT PETERSON 9/28/2005 HENRIKSEN ACE HARDWARE $3.72 PHILIP F POWELL 9/19/2005 EMERGENCY MEDICAL PROD $278.87 ROBERT PRECHTEL 9/27/2005 TARGET 00011858 $84.99 ROBERT PRECHTEL 9/19/2005 SUNRAY BTB $16.39 STEVEN PRIEM 9/19/2005 BAUER BUILT TRE33200023 $62.96 STEVEN PRIEM 9/21/2005 MERIT CHEVROLET $43.60 STEVEN PRIEM 9/21/2005 BAUER BUILT TRE33200023 $97.32 STEVEN PRIEM 9/21/2005 BAUER BUILT TRE33200023 $87.10 STEVEN PRIEM 9/21/2005 BAUER BUILT TRE33200023 $87.10 STEVEN PRIEM 9/21/2005 FACTORY MOTOR PARTS $43.20 STEVEN PRIEM 9/23/2005 BAUER BUILT TRE33200023 $17.46 STEVEN PRIEM 9/23/2005 BAUER BUILT TRE33200023 $218.34 STEVEN PRIEM 9/23/2005 BAUER BUILT TRE33200023 $438.78 STEVEN PRIEM 9/23/2005 KATH AUTO PARTS $23.43 STEVEN PRIEM 9/26/2005 SUNRAY BTB $102.26 STEVEN PRIEM 9/26/2005 JOHN FRYE DISTRIBUTING $39.39 STEVEN PRIEM 9/26/2005 WINTER EQUIPMENT CO INC $1,999.00 STEVEN PRIEM 9/26/2005 WINTER EQUIPMENT CO INC $997.43 STEVEN PRIEM 9/26/2005 PARTS ASSOCIATES INC $114.49 STEVEN PRIEM 9/28/2005 TOUSLEY FORD 127200039 $20.82 STEVEN PRIEM 9/29/2005 FORCE AMERICA $690.00 STEVEN PRIEM 9/30/2005 UNITED SUPPLY CORP $159.17 STEVEN PRIEM 9/21/2005 SPRINT *WIRELESS SVCS $2,185.99 KEVIN RABBETT 9/30/2005 EGI *U S DIARY $490.60 KEVIN RABBETT 9/19/2005 THE STAR TRIBUNE - ADVERTIS $783.56 TERRIE RAMEAUX 9/23/2005 HILLYARD INC MINNEAPOLIS ($33.11) MICHAEL REILLY 9/27/2005 HILLYARD INC MINNEAPOLIS $8.00 MICHAEL REILLY 9/29/2005 HILLYARD INC MINNEAPOLIS $922.23 MICHAEL REILLY 9/29/2005 TOYS R US #6046 $153.70 AUDRA ROBBINS 9/30/2005 MINUTEMAN PRESS $75.11 DEB SCHMIDT 9/26/2005 PETSMART 00004614 $13.82 RUSSELL L SCHMIDT 9/27/2005 CUSTOM REFRIGERATION INC $142.50 RUSSELL L SCHMIDT 9/29/2005 ARAMARK REF SVS #6013- $337.95 RUSSELL L SCHMIDT 9/29/2005 HENRIKSEN ACE HARDWARE $1.90 SCOTT SCHULTZ 9/30/2005 BRAUN PUMP AND CONTROLS $32.54 SCOTT SCHULTZ 9/19/2005 MENARDS 3022 $21.59 GERALD SEEGER 9/23/2005 S & T OFFICE PRODUCTS $96.29 ANDREA SINDT 9/23/2005 SPRINT *WIRELESS SVCS $597.70 ANDREASINDT 9/28/2005 APA MEMBERSHIPS AND SUBS $190.00 ANDREA SINDT 9/29/2005 S & T OFFICE PRODUCTS $9.14 ANDREA SINDT 9/30/2005 S & T OFFICE PRODUCTS $11.64 ANDREA SINDT 9/19/2005 DEGE GARDEN CENTER $18.09 CHRISTINE SOUTTER 9/19/2005 BLUE RIBBON BAIT & TACKL $9.90 CHRISTINE SOUTTER 9/19/2005 WOLF CAMERA #1530 $13.82 SCOTT STEFFEN 0 Post Date Vendor Name 9/19/2005 CUB FOODS, INC. 9/19/2005 S & T OFFICE PRODUCTS 9/26/2005 CUB FOODS, INC. 9/27/2005 S & T OFFICE PRODUCTS 9/27/2005 NORTHERN TOOL EQUIPMNT 9/19/2005 LIFE LINK III 9/19/2005 INTL ASSOC OF FIRE CHIEFS 9/20/2005 ASPEN MILLS 8005717343 9/29/2005 TRUCK UTILITIES INC 9/29/2005 ACTION IMPRINTS 9/30/2005 LIFE LINK III 9/23/2005 EXCELLCOM 9/26/2005 HENRIKSEN ACE HARDWARE 9/26/2005 LABSAFE* 9/28/2005 OFFICE MAX 00002204 9/22/2005 EULL'S MANUFACTURING CO. 9/30/2005 HYDROCAD SOFTWARE SOLUTIO 9/29/2005 TC *G.NEIL Settlement Amt Cardholder Name $22.20 JOANNE M SVENDSEN ($6.30) JOANNE M SVENDSEN $29.95 JOANNE M SVENDSEN $126.44 JOANNE M SVENDSEN $23.42 RONALD SVENDSEN $400.00 RUSTIN SVENDSEN $235.00 RUSTIN SVENDSEN $83.50 RUSTIN SVENDSEN $46.23 RUSTIN SVENDSEN $201.50 RUSTIN SVENDSEN $100.00 RUSTIN SVENDSEN $21.29 LYLE SWANSON $531.60 LYLE SWANSON $52.43 LYLE SWANSON $18.46 LYLE SWANSON $285.15 TODD TEVLIN $215.00 CHARLES J VERMEERSCH $69.07 SUSAN ZWIEG $46,554.30 0 vchlist Check Register Page: 10/14/2005 11:07:41 AM CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 68219 10/13/2005 03520 T &LCUSTOM REPAIR PUMP 380.25 68220 10/18/2005 02658 AVENET LLC SUB DOMAIN 20.00 ANNUAL MAINTENANCE 1,080.00 68221 10/18/2005 00162 BAUMAN, GAYLE REIMB MILEAGE, MEALS, PRKG 475.84 REIMB MILEAGE, LODGING, AIR, 1,012.95 68222 10/18/2005 00211 BRAUN INTERTEC CORP. PROJ 03 -39 PROF SRVS THRU 9/9 200.00 68223 10/18/2005 00230 BRYAN ROCK PRODUCTS, INC. BASE MATERIALS FOR SALT SHED 586.67 68224 10/18/2005 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND 50.00 68225 10/18/2005 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SRVS - SEP 3,526.08 68226 10/18/2005 03433 CHURCH CHAIR INDUSTRIES INC 350 BANQUET CHAIRS SB4 -HM- 14,070.00 68227 10/18/2005 00305 COLEMAN, MELINDA REIMB FOR PARKING 9/25 -9/28 22.95 68228 10/18/2005 03517 D & L DECORATING PAINT LOCKER ROOMS 662.00 68229 10/18/2005 03473 DAN KRIVIT & ASSOCIATES CONSULTING SRVS 5/11 - 5/19 1,170.00 68230 10/18/2005 03518 DENNY HECKER'S FORD LINCOLN REPAIR AMBULANCE 1,529.71 REPAIR AMBULANCE 151.85 REPAIR FIRE TRUCK 423.69 68231 10/18/2005 03463 EBERT CONSTRUCTION APPLEWOOD PARK - PYMT #2 23,505.28 APPLEWOOD PARK PYMT #1 50,493.43 68232 10/18/2005 00449 EDEN SYSTEMS INC EDEN USER CONFERENCE 10/3 - 625.00 68233 10/18/2005 03155 HIBBERD, JOSEPH H FOOD INSPECTIONS 2,227.50 68234 10/18/2005 00687 HUGO'S TREE CARE INC REMOVE TREES & BRUSH 346.13 STORM WORK 9/21 3,563.75 68235 10/18/2005 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SRV 9/12- 1,371.75 68236 10/18/2005 00489 INTEREUM INC OFFICE FURNITURE 914.47 OFFICE FURNITURE 150.48 68237 10/18/2005 00748 JAGOE, CAROL REIMB FOR MEAL & MILEAGE 10/12 21.45 68238 10/18/2005 03357 JB REALTY CO OF ST PAUL INC REF ESCROW - HMONG ALLIANCE 65,812.74 68239 10/18/2005 00809 KONG, TOMMY REIMB FOR MEAL 9/11 11.00 68240 10/18/2005 03445 LANDSCAPE STRUCTURES INC PLAYGROUND EQUIPMENT 18,168.90 68241 10/18/2005 01058 MN SHREDDING LLC SHREDDING SERVICE 113.22 SHREDDING SERVICE 49.95 68242 10/18/2005 01156 NELSON, JEAN REIMB FOR MILEAGE 8/2 TO 9/29 105.17 68243 10/18/2005 01160 NEWMAN TRAFFIC SIGNS SIGNS FOR HAZELWOOD RE -CON 353.15 68244 10/18/2005 01173 NORTH METRO AUTOMOTIVE OIL CHANGE 20.00 68245 10/18/2005 00001 ONE TIME VENDOR REF MOUA YANG - LIQUOR LIC 1,166.00 68246 10/18/2005 00001 ONE TIME VENDOR REF RACHAEL CAVEGN - MCC 160.00 68247 10/18/2005 00001 ONE TIME VENDOR REF AMY NIVEN - MEMBERSHIP 126.50 68248 10/18/2005 00001 ONE TIME VENDOR REF BUY & SAVE #832 - FALSE 100.00 68249 10/18/2005 00001 ONE TIME VENDOR REF SHARON MOTTAZ - MCC 90.00 68250 10/18/2005 00001 ONE TIME VENDOR REF MARGARET WINSTON - MCC 85.00 68251 10/18/2005 00001 ONE TIME VENDOR REIMB LEO SCHWINTEK- EDGING 60.00 68252 10/18/2005 00001 ONE TIME VENDOR REF BELINDA HANSON - 55.00 68253 10/18/2005 00001 ONE TIME VENDOR REF SARA GROSS - MCC 38.00 68254 10/18/2005 00001 ONE TIME VENDOR REF ANDREA NUTZMANN- MCC 35.00 68255 10/18/2005 00001 ONE TIME VENDOR REIMB FRAN KENNEDY- EDGING 30.00 68256 10/18/2005 00001 ONE TIME VENDOR REIMB MR & MRS SMALLER - 30.00 68257 10/18/2005 00001 ONE TIME VENDOR REIMB JOY HUGHES - EDGING 18.07 68258 10/18/2005 00001 ONE TIME VENDOR REF MARSHALLS - FALSE ALARM 15.00 68259 10/18/2005 00001 ONE TIME VENDOR REIMB MARCINE NELSON - 14.65 68260 10/18/2005 00001 ONE TIME VENDOR REIMB J & E SWIERINGA - EDGING 10.00 10 vchlist Check Register 10/14/2005 11:07:41 AM CITY OF MAPLEWOOD Check Date Vendor Description /Account 68261 10/18/2005 00001 ONE TIME VENDOR REF TWIN CITY VENDING - FALSE 68262 10/18/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE 68263 10/18/2005 03450 RILEY, DETTMANN & KELSEY LLC CLASSIFICATION STUDY 68264 10/18/2005 01434 SCREEN TECH VINYL CUTTING 68265 10/18/2005 01455 SHORTREED, MICHAEL REIMB FOR MEALS 10/3 -10/7 68266 10/18/2005 01504 ST PAUL, CITY OF RECORD MGMT SOFTWARE FEES - 68267 10/18/2005 01527 STEFFEN, SCOTT REIMB FOR MEALS & UNIFORM 68268 10/18/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS 68269 10/18/2005 03519 VISU -SEWER CLEAN & SEAL INC PROJ 05 -09 CURED -IN -PLACE PIPE 68270 10/18/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING 68271 10/18/2005 01190 XCELENERGY ENERGY CHARGE ELECTRIC & GAS UTILITY ELECTRIC CHARGES ELECTRIC UTILITY LIGHT & SIGNAL ELECTRIC ELECTRIC & GAS UTILITY 53 Checks in this report Total checks Page: 2 Amount 10.00 222.38 699.25 174.66 23.50 3,798.00 100.80 397.04 129,400.45 162.60 43.53 270.78 2,929.17 1,211.95 3,421.94 2,704.19 340,818.82 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 10/06/05 10/07/05 10/06/05 10/07/05 10/07/05 10/07/05 10/10/05 10/07/05 10/07/05 10/11/05 10/07/05 10/12/05 10/10/05 10/07/05 10/07/05 10/07/05 10/11/05 10/11/05 10/11/05 10/11/05 10/11/05 10/11/05 10/12/05 10/12/05 10/13/05 10/13/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer Orchard Trust Labor Unions MN State Treasurer MN State Treasurer MN State Treasurer ARC Administration 1111c•1raIIIIII Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar Deferred Compensation Union Dues Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 11,845.57 8,145.47 351.00 19,335.24 93,900.98 55,268.21 18,809.55 25,180.00 1,719.88 16,399.25 18,687.56 12,809.03 1,759.09 284,210.83 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/07/05 CARDINAL, ROBERT 422.42 dd 10/07/05 JUENEMANN, KATHLEEN 371.77 dd 10/07/05 KOPPEN, MARVIN 371.77 dd 10/07/05 MONAHAN- JUNEK, 74.34 dd 10/07/05 ROSSBACH, WILLIAM 371.77 dd 10/07/05 COLEMAN, MELINDA 4,271.10 dd 10/07/05 DARST, ROBERTA 1,690.85 dd 10/07/05 FURSMAN, RICHARD 5,053.62 dd 10/07/05 FARR, LARRY 1,767.48 dd 10/07/05 SWANSON, LYLE 1,662.77 dd 10/07/05 LE, JENNIFER 63.00 dd 10/07/05 LE, SHERYL 4,120.58 dd 10/07/05 RAMEAUX, THERESE 2,376.42 dd 10/07/05 FAUST, DANIEL 4,291.97 dd 10/07/05 SCHMIDT, DEBORAH 1,456.56 dd 10/07/05 ANDERSON, CAROLE 604.49 dd 10/07/05 BAUMAN, GAYLE 3,434.43 dd 10/07/05 JACKSON, MARY 1,819.77 dd 10/07/05 KELSEY, CONNIE 1,217.85 dd 10/07/05 TETZLAFF, JUDY 1,819.78 dd 10/07/05 FRY, PATRICIA 1,689.36 dd 10/07/05 GUILFOILE, KAREN 3,008.18 dd 10/07/05 OSTER, ANDREA 1,764.47 dd 10/07/05 CARLE, JEANETTE 1,633.97 dd 10/07/05 JAGOE, CAROL 1,631.66 dd 10/07/05 JOHNSON, BONNIE 999.88 dd 10/07/05 MECHELKE, SHERRIE 1,064.27 dd 10/07/05 MOY, PAMELA 917.93 dd 10/07/05 OLSON, SANDRA 1,137.32 dd 10/07/05 WEAVER, KRISTINE 1,787.75 dd 10/07/05 BANICK, JOHN 3,871.15 dd 10/07/05 CORCORAN, THERESA 1,629.35 dd 10/07/05 POWELL, PHILIP 2,267.65 dd 10/07/05 RICHIE, CAROLE 1,725.35 dd 10/07/05 SPANGLER, EDNA 308.00 dd 10/07/05 THOMALLA, DAVID 4,287.27 dd 10/07/05 ABEL, CLINT 2,496.66 dd 10/07/05 ALDRIDGE, MARK 2,331.56 dd 10/07/05 ANDREWS, SCOTT 3,757.99 dd 10/07/05 BAKKE, LONN 2,680.66 dd 10/07/05 BELDE, STANLEY 2,681.69 dd 10/07/05 BIERDEMAN, BRIAN 2,289.38 dd 10/07/05 BOHL, JOHN 3,053.45 dd 10/07/05 BUSACK, DANIEL 2,588.02 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/07/05 COFFEY, KEVIN 2,126.75 dd 10/07/05 CROTTY, KERRY 2,505.22 dd 10/07/05 DOBLAR, RICHARD 4,111.20 dd 10/07/05 DUNN, ALICE 2,439.12 dd 10/07/05 GABRIEL, ANTHONY 2,851.90 dd 10/07/05 HEINZ, STEPHEN 2,657.40 dd 10/07/05 HILBERT, STEVEN 2,724.68 dd 10/07/05 JOHNSON, KEVIN 3,390.88 dd 10/07/05 KALKA, THOMAS 636.28 dd 10/07/05 KAKIS, FLINT 3,051.17 dd 10/07/05 KONG, TOMMY 2,459.45 dd 10/07/05 KROLL, BRETT 2,407.14 dd 10/07/05 KVAM, DAVID 3,420.42 dd 10/07/05 LANGNER, TODD 1,599.34 dd 10/07/05 LARSON, DANIEL 402.57 dd 10/07/05 LU, JOHNNIE 3,396.38 dd 10/07/05 MARINO, JASON 2,642.84 dd 10/07/05 MARTIN, JERROLD 2,869.28 dd 10/07/05 MCCARTY, GLEN 2,043.10 dd 10/07/05 METRY, ALESIA 2,840.71 dd 10/07/05 NYE, MICHAEL 1,599.34 dd 10/07/05 OLSON, JULIE 2,545.16 dd 10/07/05 RABBETT, KEVIN 3,483.05 dd 10/07/05 RHUDE, MATTHEW 1,766.84 dd 10/07/05 STEFFEN, SCOTT 3,457.06 dd 10/07/05 STEINER, JOSEPH 702.89 dd 10/07/05 SYPNIEWSKI, WILLIAM 2,101.83 dd 10/07/05 SZCZEPANSKI, THOMAS 6,636.42 dd 10/07/05 WENZEL, JAY 2,406.55 dd 10/07/05 XIONG, KAO 2,378.77 dd 10/07/05 BARTZ, PAUL 3,093.26 dd 10/07/05 BERGERON, JOSEPH 3,349.30 dd 10/07/05 DUGAS, MICHAEL 2,783.51 dd 10/07/05 ERICKSON, VIRGINIA 2,727.25 dd 10/07/05 FLOR, TIMOTHY 7,896.16 dd 10/07/05 FRASER, JOHN 3,165.52 dd 10/07/05 LANGNER, SCOTT 2,154.04 dd 10/07/05 PALMA, STEVEN 2,877.45 dd 10/07/05 THEISEN, PAUL 2,233.09 dd 10/07/05 THIENES, PAUL 2,705.47 dd 10/07/05 CARLSON, BRIAN 1,933.67 dd 10/07/05 DAWSON, RICHARD 2,067.01 dd 10/07/05 DUELLMAN, KIRK 1,986.82 dd 10/07/05 EVERSON, PAUL 2,033.14 dd 10/07/05 HALWEG, JODI 1,933.67 dd 10/07/05 JOHNSON, DOUGLAS 1,992.36 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/07/05 MYERS, TODD 1,837.01 dd 10/07/05 NOVAK, JEROME 2,096.12 dd 10/07/05 PARSONS, KURT 2,065.79 dd 10/07/05 PETERSON,ROBERT 2,168.05 dd 10/07/05 PRECHTEL, ROBERT 2,160.00 dd 10/07/05 SVENDSEN, RONALD 2,241.43 dd 10/07/05 GERVAIS -JR, CLARENCE 2,785.12 dd 10/07/05 BAUER, MICHELLE 1,958.67 dd 10/07/05 FLAUGHER, JAYME 1,911.46 dd 10/07/05 HERMANSON, CHAD 1,699.90 dd 10/07/05 HUBIN, KENNARD 1,644.37 dd 10/07/05 KNAPP, BRETT 1,749.51 dd 10/07/05 LINN, BRYAN 1,972.83 dd 10/07/05 PACOLT, MARSHA 2,456.34 dd 10/07/05 RABINE, JANET 1,862.95 dd 10/07/05 SCHAULS, ADAM 390.00 dd 10/07/05 STAHNKE, JULIE 1,897.96 dd 10/07/05 ELKIN, STEVEN 3,899.17 dd 10/07/05 SVENDSEN, RUSTIN 3,125.43 dd 10/07/05 ZWIEG, SUSAN 1,762.15 dd 10/07/05 DOLLERSCHELL, ROBERT 284.84 dd 10/07/05 AHL, R. CHARLES 4,544.67 dd 10/07/05 BREHEIM, ROGER 1,844.37 dd 10/07/05 GROHS, JUDITH 1,769.08 dd 10/07/05 KONEWKO, DUWAYNE 2,625.35 dd 10/07/05 NIVEN, AMY 1,227.72 dd 10/07/05 PRIEFER, WILLIAM 2,629.38 dd 10/07/05 BRINK, TROY 1,975.65 dd 10/07/05 DEBILZAN, THOMAS 1,867.25 dd 10/07/05 EDGE, DOUGLAS 2,291.44 dd 10/07/05 JONES, DONALD 2,211.05 dd 10/07/05 MEYER, GERALD 1,913.79 dd 10/07/05 NAGEL, BRYAN 2,298.96 dd 10/07/05 OSWALD, ERICK 2,095.24 dd 10/07/05 RUNNING, ROBERT 1,748.55 dd 10/07/05 TEVLIN, TODD 2,074.49 dd 10/07/05 DUCHARME, JOHN 2,345.26 dd 10/07/05 ENGSTROM, ANDREW 1,570.15 dd 10/07/05 ISAKSON, CHAD 184.80 dd 10/07/05 JACOBSON, SCOTT 1,655.89 dd 10/07/05 KNUTSON, LOIS 1,377.82 dd 10/07/05 LABEREE, ERIN 2,798.30 dd 10/07/05 LINDBLOM, RANDAL 2,345.26 dd 10/07/05 PECK, DENNIS 2,352.19 dd 10/07/05 PRIEBE, WILLIAM 2,347.57 dd 10/07/05 VERMEERSCH, CHARLES 2,231.75 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/07/05 ANDERSON, BRUCE 4,237.32 dd 10/07/05 CAREY, HEIDI 2,070.15 dd 10/07/05 HALL, KATHLEEN 1,766.77 dd 10/07/05 LUND, ERIC 312.00 dd 10/07/05 MARUSKA, MARK 2,674.70 dd 10/07/05 NAUGHTON, JOHN 1,719.75 dd 10/07/05 SCHINDELDECKER, JAMES 1,842.06 dd 10/07/05 BIESANZ, OAKLEY 1,523.40 dd 10/07/05 HAYMAN, JANET 1,454.93 dd 10/07/05 HUTCHINSON, ANN 2,262.70 dd 10/07/05 NELSON, JEAN 1,049.48 dd 10/07/05 SEEGER, GERALD 590.89 dd 10/07/05 GAYNOR, VIRGINIA 1,975.75 dd 10/07/05 EKSTRAND, THOMAS 3,043.03 dd 10/07/05 KROLL, LISA 1,219.00 dd 10/07/05 LIVINGSTON, JOYCE 979.00 dd 10/07/05 SINDT, ANDREA 1,647.75 dd 10/07/05 THOMPSON, DEBRA 651.75 dd 10/07/05 YOUNG, TAMELA 1,523.75 dd 10/07/05 FINWALL, SHANN 2,208.00 dd 10/07/05 ROBERTS, KENNETH 2,414.86 dd 10/07/05 CARVER, NICHOLAS 2,770.29 dd 10/07/05 FISHER, DAVID 3,276.22 dd 10/07/05 RICE, MICHAEL 1,954.95 dd 10/07/05 SWAN, DAVID 2,050.95 dd 10/07/05 SWETT, PAUL 1,278.75 dd 10/07/05 FINN, GREGORY 2,213.26 dd 10/07/05 GOODRICH, CHAD 130.00 dd 10/07/05 GRAF, MICHAEL 1,941.83 dd 10/07/05 KELLY, LISA 1,320.97 dd 10/07/05 ROBBINS,AUDRA 2,116.03 dd 10/07/05 TAUBMAN, DOUGLAS 2,854.34 dd 10/07/05 GERMAIN, DAVID 1,848.99 dd 10/07/05 NORDQUIST, RICHARD 1,907.01 dd 10/07/05 SCHULTZ, SCOTT 2,063.79 dd 10/07/05 ANZALDI,MANDY 1,163.26 dd 10/07/05 COLEMAN, PHILIP 250.00 dd 10/07/05 COLLINS, ASHLEY 96.00 dd 10/07/05 CRAWFORD - JR, RAYMOND 139.00 dd 10/07/05 CROSSON, LINDA 2,610.43 dd 10/07/05 EVANS, CHRISTINE 726.84 dd 10/07/05 PELOQUIN, PENNYE 456.84 dd 10/07/05 SCHMIDT, RUSSELL 2,026.22 dd 10/07/05 SCHULZE, BRIAN 709.28 dd 10/07/05 STAPLES, PAULINE 2,925.20 dd 10/07/05 ZIELINSKI, JUDY 88.80 16 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/07/05 ANDREA, JOHANNA 96.69 dd 10/07/05 BENDTSEN, LISA 34.83 dd 10/07/05 BRENEMAN, NEIL 459.72 dd 10/07/05 BUCKLEY, BRITTANY 22.75 dd 10/07/05 DUNN, RYAN 579.21 dd 10/07/05 ERICKSON- CLARK, CAROL 67.80 dd 10/07/05 EVANS, KRISTIN 84.00 dd 10/07/05 FIERRO WESTBERG, MELINDA 95.20 dd 10/07/05 FONTAINE, KIM 672.65 dd 10/07/05 HERZOG, ELIZABETH 13.00 dd 10/07/05 HORWATH, RONALD 1,996.55 dd 10/07/05 KERSCHNER, JOLENE 768.45 dd 10/07/05 KOEHNEN, AMY 100.20 dd 10/07/05 KOEHNEN, MARY 1,359.14 dd 10/07/05 KRONHOLM, KATHRYN 489.59 dd 10/07/05 MATHEWS, LEAH 35.00 dd 10/07/05 NELSON, SIERRA 152.50 dd 10/07/05 OVERBY, ANNA 60.00 dd 10/07/05 PROESCH, ANDY 483.42 dd 10/07/05 SCHULTZ, MATTHEW 52.00 dd 10/07/05 SMITH, ANN 206.25 dd 10/07/05 TUPY, HEIDE 161.60 dd 10/07/05 TUPY, MARCUS 262.50 dd 10/07/05 WERNER, REBECCA 95.75 dd 10/07/05 GROPPOLI, LINDA 345.60 dd 10/07/05 BEHAN, JAMES 1,718.62 dd 10/07/05 LONETTI, JAMES 1,164.91 dd 10/07/05 PATTERSON, ALBERT 1,085.24 dd 10/07/05 PRINS, KELLY 988.62 dd 10/07/05 REILLY, MICHAEL 1,626.95 dd 10/07/05 SCHOENECKER, LEIGH 128.59 dd 10/07/05 AICHELE, CRAIG 1,910.87 dd 10/07/05 PRIEM, STEVEN 2,221.11 dd 10/07/05 WOEHRLE, MATTHEW 1,557.35 dd 10/07/05 BERGO, CHAD 2,276.71 dd 10/07/05 FOWLDS, MYCHAL 2,085.54 dd 10/07/05 FRANZEN, NICHOLAS 1,706.57 dd 10/07/05 HURLEY, STEPHEN 3,401.22 wf 102703 10/07/05 WORKMAN, ROBERT 50.00 wf 102704 10/07/05 JAHN, DAVID 1,606.95 wf 102705 10/07/05 MORIN, TROY 157.25 wf 102706 10/07/05 MORSON, JOHN 467.50 wf 102707 10/07/05 MATHEYS, ALANA 1,999.03 wf 102708 10/07/05 HANSEN, LORI 1,820.23 wf 102709 10/07/05 PALANK, MARY 1,713.31 wf 102710 10/07/05 SVENDSEN, JOANNE 2,024.66 17 In CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102711 10/07/05 SHORTREED, MICHAEL 3,332.33 wf 102712 10/07/05 WELCHLIN, CABOT 3,140.36 wf 102713 10/07/05 FREBERG, RONALD 1,922.88 wf 102714 10/07/05 JAROSCH, JONATHAN 367.20 wf 102715 10/07/05 EDSON, DAVID 1,878.96 wf 102716 10/07/05 HELEY, ROLAND 1,877.89 wf 102717 10/07/05 HINNENKAMP, GARY 1,848.39 wf 102718 10/07/05 LINDORFF, DENNIS 1,844.37 wf 102719 10/07/05 NOVAK, MICHAEL 1,804.55 wf 102720 10/07/05 BERGREN, KIRSTEN 22.50 wf 102721 10/07/05 GERNES, CAROLE 1,879.56 wf 102722 10/07/05 SOUTTER, CHRISTINE 313.13 wf 102723 10/07/05 DANNER, BRENDA 435.39 wf 102724 10/07/05 FRANK, STEVE 280.00 wf 102725 10/07/05 GOODRICH, DANIELLE 144.00 wf 102726 10/07/05 HANSEN, ALEXANDER 117.00 wf 102727 10/07/05 KLEM, JOSH 120.00 wf 102728 10/07/05 LANG, THOMAS 30.00 wf 102729 10/07/05 LIUKONEN, MATTHEW 48.00 wf 102730 10/07/05 LO, CHUEPHENG 180.00 wf 102731 10/07/05 MERRITT, MICHAEL 66.00 wf 102732 10/07/05 PREW, WILLIAM 30.00 wf 102733 10/07/05 HAAG, MARK 1,770.16 wf 102734 10/07/05 NADEAU, EDWARD 2,972.99 wf 102735 10/07/05 GLASS, JEAN 1,814.45 wf 102736 10/07/05 HER, CHONG 38.50 wf 102737 10/07/05 HOFMEISTER, MARY 427.95 wf 102738 10/07/05 NAGEL, BROOKE 371.53 wf 102739 10/07/05 TOLBERT, FRANCINE 160.00 wf 102740 10/07/05 ANDERSON, CALEB 246.60 wf 102741 10/07/05 ANDERSON, JOSHUA 257.68 wf 102742 10/07/05 ANDERSON, JUSTIN 281.66 wf 102743 10/07/05 ANDERSON, RYAN 71.50 wf 102744 10/07/05 ARNEVIK, ERICA 35.00 wf 102745 10/07/05 BRENEMAN, SEAN 103.40 wf 102746 10/07/05 BRUSOE, CRISTINA 102.38 wf 102747 10/07/05 CLARK, PAMELA 85.00 wf 102748 10/07/05 COSTA, JOSEPH 327.43 wf 102749 10/07/05 DEMPSEY, BETH 139.80 wf 102750 10/07/05 FENGER, JUSTIN 226.60 wf 102751 10/07/05 GRANT, MELISSA 165.60 wf 102752 10/07/05 GRUENHAGEN, LINDA 528.90 wf 102753 10/07/05 HAGSTROM, EMILY 50.38 wf 102754 10/07/05 LEMAY, KATHERINE 169.73 wf 102755 10/07/05 LUTZ, CHRISTINA 124.75 wf 102756 10/07/05 MCCANN, NATALIE 86.50 In 461,592.86 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102757 10/07/05 MELLEN, CHRISTOPHER 47.25 wf 102758 10/07/05 MORIS, RACHEL 36.63 wf 102759 10/07/05 NWANOKWALE, MORDY 22.75 wf 102760 10/07/05 PETERSON, ANNA 85.00 wf 102761 10/07/05 RICHTER, NANCY 153.00 wf 102762 10/07/05 ROSTRON, ROBERT 110.50 wf 102763 10/07/05 RYDEEN, ARIEL 113.40 wf 102764 10/07/05 SCHMIDT, EMILY 86.45 wf 102765 10/07/05 SCHOENECKER, SAMANTHA 40.80 wf 102766 10/07/05 SCHOMMER, SUMMERS 52.50 wf 102767 10/07/05 SCHRAMM, BRITTANY 72.00 wf 102768 10/07/05 SCHREINER, MICHELLE 203.53 wf 102769 10/07/05 SIVALD, SHANNON 30.81 wf 102770 10/07/05 SMITLEY, SHARON 407.15 wf 102771 10/07/05 STAHNKE, AMY 151.74 wf 102772 10/07/05 WARNER, CAROLYN 167.65 wf 102773 10/07/05 WEDES, CARYL 116.75 wf 102774 10/07/05 WELTER, ELIZABETH 154.00 wf 102775 10/07/05 WHITE, NICOLE 868.13 wf 102776 10/07/05 WILLIAMS, KRISTINE 113.75 wf 102777 10/07/05 WOLFGRAM, MARY 60.13 wf 102778 10/07/05 WOODMAN, ALICE 156.20 wf 102779 10/07/05 BOSLEY, CAROL 248.40 wf 102780 10/07/05 BREITBACH, GARY 189.00 wf 102781 10/07/05 DOBBS, SYDNEY 11.38 wf 102782 10/07/05 LEWIS, AMY 136.50 wf 102783 10/07/05 ODDEN, JESSICA 11.03 wf 102784 10/07/05 OIL, REBECCA 11.03 wf 102785 10/07/05 PARAYNO, GUAI 185.65 wf 102786 10/07/05 SATTLER, MELINDA 89.10 wf 102787 10/07/05 STODGHILL, AMANDA 76.88 wf 102788 10/07/05 VAN HALE, PAULA 93.60 wf 102789 10/07/05 ANDERSON, MATT 139.65 wf 102790 10/07/05 BALDWIN, JANA 127.44 wf 102791 10/07/05 BERLIN, SARAH 115.89 wf 102792 10/07/05 DOUGLASS, TOM 1,181.72 wf 102793 10/07/05 GADOW, ANNA 68.26 wf 102794 10/07/05 HER, PHENG 178.25 wf 102795 10/07/05 O'GRADY, VICTORIA 118.15 wf 102796 10/07/05 O'GRADY, ZACHARY 20.85 wf 102797 10/07/05 OLSON, CHRISTINE 19.95 wf 102798 10/07/05 SIMPSON, JOSEPH 159.10 wf 102799 10/07/05 SIMPSON, KIMBERLYN 90.35 wf 102800 10/07/05 THEESFELD, CALEB 33.01 wf 102801 10/07/05 VANG, HUE 52.39 wf 102802 10/07/05 VANG, KAY 151.16 wf 102803 10/07/05 VANG, TIM 150.04 wf 102804 10/07/05 VUE, LOR PAO 204.79 461,592.86 19 Agenda Item G2 MEMORANDUM TO: FROM: SUBJECT PROJECT LOCATION: DATE: City Manager Kevin Christiansen, Planning Intern Conditional Use Permit Review Sibley Cove Apartments 1996 County Road D October 13, 2005 I10 :IQ 111L911IQ01 Project Description The conditional use permit (CUP) for Sibley Cove Apartments at 1996 County Road D is due for review. This CUP is for a PUD (planned unit development) in the BC (business commercial) zoning district. Refer to the maps and plans on pages four through eight and the city council minutes starting on page nine. BACKGROUND On April 28, 2003, the city council approved the following for the Sibley Cove project: 1. A change in the city's land use plan. This change was from BC (business commercial) to R -3(H) (residential high density). A conditional use permit (CUP) for a planned unit development (PUD) for a 100 -unit apartment development. The applicant requested the CUP because the existing BC (business commercial) and LBC (limited business commercial) zoning districts limit the uses on the site to commercial, office and retail uses and allow multiple - family residential uses only with a conditional use permit. (See the property line /zoning map on page five.) The CUP for this project was subject to ten conditions of approval. 3. The project design plans. (See the building elevations on page seven.) On April 26, 2004, the city council reviewed the conditional use permit and agreed to review it again in one year or sooner if the owner proposes a major change to the site. On April 14, 2005, the city council agreed to review the conditional use permit again in six months because of landscaping and additional site work that the contractor needed to finish. DISCUSSION The contractor for the apartments has completed most of the building and site construction. However, there is landscaping work that the contractor still needs to finish. The approved landscape plan calls for the planting of two rain gardens on the south end of the property. (See landscape plan on page eight.) The plantings in the westerly rain garden need more attention as it appears that many of the plants are missing. In addition, five ornamental trees were planted to make up for the trees that were planned for an island on the southwest corner of the parking lot. However, one of the trees has died. contacted David Steele about this tree and he stated that it is under warranty. He contacted the landscape company and assured city staff that it would be replaced before December. City engineering staff also is working with Mr. Steele about the landscaping and condition of the rain garden. Since the developer has not yet completed all of the required site improvements, the city council should review this permit again in June of 2006. This will give the owner and the contractor an opportunity to improve and complete the landscaping. This review will give staff and the property owner a chance to ensure that the project is meeting all city ordinances and conditions of approval. 1:7xKO]LUILUI4LI IBLTV IIQLI Review the conditional use permit (CUP) for the Sibley Cove Apartments at 1996 County Road D again in June, 2006, or sooner if the owner proposes a major change to the site. 0 1N4y4N40 [*aILIIMQNLYAUVIVQ0 Site Description Site size: 7.1 acres Existing land use: New apartment building Surrounding Land Uses North: Perkins and Emerald Inn across County Road D. East: A daycare center and Birch Glen apartments across Ariel Street. South: Commercial businesses on the north side of Woodlynn Avenue. West: Commercial businesses on the east side of White Bear Avenue. Reasons for the Requests This proposal needed a land use plan change because: State law does not allow a city to adopt any regulation that conflicts with its comprehensive plan. One of the findings required by code for a CUP is that the use is in conformity with the city's comprehensive plan. The land use plan showed this site for BC (business commercial) uses, which do not include multiple - family housing. The developer is applying for a CUP because the zoning on this site is BC (business commercial) and LBC (limited business commercial). The BC and LBC zones allow a variety of commercial, retail business, and multiple dwellings with a conditional use permit (CUP). The developer chose to apply for a CUP, rather than a zone change. A CUP for a PUD is only for a specific use and site plan. A rezoning to R -3 (multiple dwelling residential) would allow a variety of multiple - dwelling uses and plans. p:sec2N \Sibley Cove Apartment review —Oct. 2005.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Building Elevations 5. Landscape Plan 6. April 28, 2003 City Council minutes Attachment 1 WHITE BEAR LAKE 6T,JOHN'S �p 01D OV I Cod AVE BEAN PC milm Ila] AVE. (J2 ova E. LOCATION MAP 4 Attachment 2 1-694 Now 1 7 ( 670 1 S2 L04'". (S2 3088 IE PERKINS__ AMOCO yF^ V_ ULM MR EMIR CO , 7 ---------- 3070 j c n L 3100 DAYCARE C (�'_) CENTER CENTER 'o b< 3 +7� ............ 7 ------ ---------- Ar pfpl I F \1 4 5 3088 , 7 3070 j c "3 ............ 7 ------ ---------- Ar pfpl I F \1 4 5 Attachment 3 ----------------------- J -- -i—L-- I -I- - N. Lifl, 11MAL 3J?O. 120 SR, t, P4,RUXG STALLS' FWDICAP STALLS" � M PRO T LOT - 5,.Ft, PROPOSED &IMMINWS PARKING LOT- 15j, B�'NCARY AREA 3J?O. 120 SR, t, PROPOSED A-ARNFNT POLDINC AR'4 SqYj. � M PRO T LOT - 5,.Ft, PROPOSED &IMMINWS PARKING LOT- 15j, P.RCPO3TD SIOCAALK---±7.207 Sq.Ft, TOTAL WP.MWOUS SURFACE =9J.769 Sq,t TOTAL C'EN SPACE- -- s216,M1 Sq,Pf NJM&FR a PARKING STALLS -;W RNIs (WC-USES 2 H.AND(SAPED STALLS) R w I Attqr A > � Z E jmE\ MA ����w�1�� �� I ON-f Attachment 5 �— �xon a� � AIN GARDENS � / yxosoApIpww | � M. Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 7:15 P.M., Monday, April 28, 2003 Council Chambers, Municipal Building Meeting No. 03 -08 A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:15 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 3. 8:05 p.m. Sibley Cove Apartments Reconsideration (County Road D) Land Use Plan Change (BC to R -3 (H)) (4 Votes) Conditional Use Permit for a Planned Unit Development Design Approval a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. C. Commissioner Mueller presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Steele, the applicant, MWF Properties Keith Larson, 1990 East County Road D, Maplewood Shirley Muelker, 266 Hardsman Ave. South, St. Paul Gary Olson, 2330 Maplewood Lane E, Maplewood Pat Flaherty, 3100 Arial Street Maplewood Bob Larson, 1990 East County Road D, Maplewood Sally Renish, 2025 East County Road D, Maplewood Bob Bankers, 3100 Ariel Street, Maplewood Hans Neve, 2998 Chishom Parkway, Maplewood Howard Nelson, 2175 East County Road D, Maplewood Howard Simon, 1990 East County Road D, Maplewood Bonnie Woodbeck, 2025 Ide Streeet #104, Maplewood Kurt Soular, 2974 Chisholm Parkway, Maplewood e. Mayor Cardinal closed the public hearing. City Cou 04 -28 -03 Councilmember Collins moved to adopt the following resolution for the land use plan change from BC (business commercial) to R -3 (H) (residential high density). This is for the 7.1 -acre site of the Siblev Cove Housing Development: RESOLUTION 03 -04 -070 LAND USE PLAN CHANGE RESOLUTION WHEREAS, David Steele, representing MWF Properties, applied for a change to the city's land use plan from BC (business commercial) to R -3(H) (residential high density). WHEREAS, this change applies to the undeveloped property located on the south side of County Road D, west of Ariel Street and east of White Bear Avenue. WHEREAS, the history of this change is as follows: On February 19, 2003, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve the proposed plan amendment. 2. On March 10, 2003, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. 3. On April 28, 2003, the city council again considered this request. The council again considered reports from city staff and the testimony given at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described changes for the following reasons: 1. This site is proper for and consistent with the city's goals, objectives and policies for high - density residential land use in the comprehensive plan. This includes: a. Creating a transitional land use between the existing residential and commercial land uses. b. Being near a collector street, being between two arterial streets and is near open space and shopping and services. 2. This development will minimize any adverse effects on surrounding properties because: a. The on -site pond and large setback from Woodlynn Avenue will separate the apartment building from the properties to the south. b. There should be no significant traffic increase from this development on existing local residential streets. The existing street pattern keeps the apartment traffic separate from the existing single dwellings and other residences. There should be less traffic from this development than from a commercial development on the same site. City Co ncil 04 -28 -03 Seconded by Councilmember Wasiluk Ayes -All Councilmember Juenemann moved to adopt the following resolution for a conditional use permit for a planned unit development for the Sibley Cove Apartment Development on County Road D, west of Aerial Street: RESOLUTION 03 -04 -071 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. David Steele, representing MWF Properties, applied for a conditional use permit (CUP) for the Sibley Cove apartment planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the south side of County Road D between Ariel Street and White Bear Avenue. The legal description is: PARCEL A: The Easterly 239.00 feet of the Westerly 329.31 feet of the Southerly 428.33 feet of the Northerly 681.33 feet of the Northwest Quarter of the Northeast Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. PARCEL B: That part of the Northwest Quarter of the Northeast Quarter of Section 2, Township 29, Range 22, more completely described as follows: Commencing at a point 33 feet South of the North' /4 corner of said Section 2; thence running South on North and South 1 /4 line of said Section 2, a distance of 615.15 feet to a point; thence East a distance of 90.31 feet to a point; thence North a distance of 615.15 feet to a point on the South right -of -way line of County Road "D"; and thence West, a distance of 90.31 feet to the point of beginning. PARCEL C: The North Ten (N 10) acres of the East Twenty (E 20) acres of the North Half (N 1 /2) of the Northwest Quarter (NW 1 /4) of Section Two (2), Township Twenty -nine (29) North, Range Twenty -two (22) West, according to the United States Government Survey thereof, subject to White Bear Avenue and County Road "D ", excepting the following portions thereof, to wit: Except the South One hundred (S 100) feet thereof, and Except that part thereof lying West of the Easterly line of White Bear Avenue; and Except that part thereof described as follows: Beginning at the southeast corner of County Road "D" and White Bear Avenue; thence running East along the Southerly line of said County Road "D ", Seventy -five (75) feet; thence running South and parallel with the West line of said Section Two (2), One hundred twenty -five (125) feet; thence West and parallel with the Southerly line of said County Road "D" to a point on the Easterly line of White Bear Avenue; thence Northerly along the Easterly line of said White Bear Avenue to the point of beginning; and City Council 04 -28 -03 Except that part thereof described as follows: Beginning at a point on the Southerly line of County Road "D ", a distance of One hundred seventy -five (175) feet Easterly of the Southeast corner of the intersection of County Road "D" and White Bear Avenue; thence running Southerly on a line parallel with the West section line of said Section Two (2) for a distance of One hundred twenty -five (125) feet; thence Westerly on a line parallel to the Southerly right of way line of County Road "D" to a point, Seventy -five (75) feet Easterly of the Easterly right of way line of White Bear Avenue; thence Northerly on a deflection angle of Ninety (90) degrees to the Southerly right of way line of said County Road "D"; thence Easterly along said right of way line to the point of beginning; and Except that part thereof described as follows: The West One hundred fifty (W 150) feet of the East Three hundred sixty -seven (E 367) feet of the North Three hundred forty and fifty hundredths (N 340.50) feet thereof, except County Road "D" right of way, and Except that part thereof described as follows: Commencing at the Southeast corner of White Bear Avenue and County Road "D"; thence Easterly along the South line of County Road "D" a distance of One hundred seventy -five (175) feet; thence in a Southerly direction and parallel to the West line of said Section Two (2), a distance of One hundred twenty -five (125) feet to the point of beginning; thence in a Southerly direction and parallel to the West line of said Section Two (2), a distance of Ninety -five (95) feet; thence in a Westerly direction and parallel to County Road "D" to the Easterly line of White Bear Avenue; and thence Northwesterly along the East line of White Bear Avenue, a distance of Ninety -five and eleven hundredths (95.11) feet; thence Easterly and parallel to County Road "D" to the point of beginning; and Except that part thereof described as follows: Commencing at a point on the centerline of County Road "D" and Thirty -three (33) feet East of the centerline of White Bear Avenue; thence in a Southerly direction along the East line of White Bear Avenue, a distance of Three hundred forty and eighty -seven hundredths (340.87) feet to the point of beginning; thence East and parallel with County Road "D ", a distance of Three hundred thirteen and ninety hundredths (313.90) feet; thence South, One hundred fifty -three (S 153.0) feet; thence West and parallel with County Road "D ", a distance of Three hundred eight and sixty -two hundredths (308.62) feet to the East line of White Bear Avenue; thence in a Northerly direction, One hundred fifty -three and nineteen hundredths (153.19) feet to the point of beginning; and Except that part thereof described as follows: Commencing at a point on the Easterly line of White Bear Avenue, Two hundred twenty and twenty -six hundredths (220.26) feet Southerly of the Southeast corner of the intersection of County Road "D" and White Bear Avenue; thence Easterly on a line drawn parallel to the Southerly right of way line of County Road "D ", a distance of One hundred sixty -seven and six hundredths (167.06) feet; thence Southerly at an angle of Ninety (90) degrees, a distance of Eighty -seven and fifty hundredths (87.50) feet; thence Westerly on a line drawn parallel to the Southerly right of way line of County Road "D" to the Easterly right of way line of White Bear City Coiuncil 04 -28 -03 Avenue; thence Northerly along said Easterly line of White Bear Avenue to the point of beginning; and Except that part of the following described parcel lying Westerly of the Easterly 114.15 feet thereof; That part of the North 10 acres of the East 20 acres of the North Half of the Northwest Quarter of Section 2, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Beginning at the intersection of the Easterly right -of -way line of White Bear Avenue and the North line of the South 100 feet of said North 10 acres; thence Easterly along said North line of the South 100 feet, a distance of 309.40 feet; thence Northerly at a right angle, 155.94 feet to a point on a line parallel with and distant 493.50 feet South of the North line of the Northwest Quarter of Section 2; thence Westerly along said parallel line to the Easterly right -of -way line of White Bear Avenue; thence Southerly along said right -of -way line to the point of beginning. All in the NE 1/4 of Section 2, Township 29, Range 22. (PINS 02- 29 -22 -12 -0009, 02- 29 -22 -12 -0010 and 02- 29 -22 -21 -0017) WHEREAS, the history of this conditional use permit is as follows: 1. On February 19, 2003, the planning commission recommended that the city council approve this permit. 2. On March 10, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. 3. On April 28, 2003, the city council held another public hearing about this proposal. The city staff published a notice in the paper and sent notices to the nearby property owners. The city council gave everyone at the hearing a chance to speak and to present written statements. The council also considered reports and recommendations of the city staff and of the planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. City Coiuncil 04 -28 -03 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped January 24, 2003. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, streets, sidewalks, tree and driveway and parking lot plans. In addition, the applicant shall include: a. Changes to the plans to minimize the loss or removal of natural vegetation including keeping and protecting as many of the large trees along the north and east property lines (near the daycare center) as possible. b. Revised plans for storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. c. A storm water management plan for the proposal. d. All the changes and meet all the conditions noted by the city engineer in the memo dated February 10, 2003. 4. The design of the pond shall be subject to the approval of the city engineer. The developer shall provide to the city a 20- foot -wide drainage and utility easement over the storm sewer pipe between the pond and the Arial Street right -of -way. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk and garbage from the site. City Coiuncil 04 -28 -03 d. Install a 6- foot -wide concrete sidewalk along the west side of Ariel Street between County Road D and Woodlynn Avenue. e. Provide the city with verification that the apartment building will meet the state's noise standards. This shall be with a study, testing or other documentation. If the noise on this site is a factor, then the contractor will have to build the apartment building so that it can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the apartment building. 6. There shall be no outdoor storage of recreational vehicles, boats or trailers. 7. Residents shall not park trailers and vehicles that they do not need for day -to -day transportation on site. If the city decides there are excess parking spaces available on site, then the city may allow the parking of these on site. 8. The developer shall provide an on -site storm shelter in the apartment building. This shelter shall be subject to the approval of the director of emergency preparedness. It shall have a minimum of three square feet per person for 80% of the planned population. 9. The city council shall review this permit in one year. 10. The owner /manager of Sibley Cove shall require every tenant to review and sign a "noise disclaimer" with their lease agreement. This disclaimer form shall be approved by the city staff. Seconded by Councilmember Wasiluk Ayes -All Councilmember Wasiluk moved to approve the design plans for Sibley Cove Apartment Development on County Road E, West of Aerial Street. This approval is for the 80 -unit building and does not include the 20 -unit addition on the east end of the site. The citv bases this approval on the findings required by the code, and the developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading permit or a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: City Council 0'4 -28 -03 (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 - year high water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance as possible on the north and east sides of the site (near the daycare center) to minimize the loss or removal of natural vegetation. This is to keep and protect as many of the large trees along the north and east property lines (near the daycare center) as possible. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show no tree removal beyond the approved grading and tree limits. (d) Be consistent with the approved grading and landscape plans. (4) The design of the storm water pond shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site grading or drainage easements and for recording all necessary easements. (5) All the parking areas and driveways shall have continuous concrete curb and gutter. City Council R4 -28 -03 (6) The driveways shall meet the following standards: 24 -foot width - -no parking on either side and 28 -foot width -- parking on one side The developer or contractor shall post the driveways with no parking signs to meet the above - listed standards. (7) The developer shall disturb as little as possible of the area along the north and east property lines near the daycare center. Change the grading plan for this part of the site as recommended by the city engineer. (8) The developer shall install a six - foot -wide concrete sidewalk along Ariel Street between the existing sidewalk north of Woodlynn Avenue and the south property line of the daycare center. (9) Include a storm water management plan, including drainage and ponding calculations, for approval by the city engineer. (10) Make all the changes and meet all the conditions noted by the city engineer in the memo dated February 10, 2003. b. Submit a lawn - irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city staff approval showing: (1) As much of the existing vegetation (including large trees) remaining along the northern and eastern property lines (near the daycare center) as possible. (2) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas on the south side of the parking lot around the storm water pond with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the pond. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (3) The planting of native grasses, flowering plants and low -level shrubs around the proposed storm water pond. These materials shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. (4) The planting details (including flowering plants and shrubs) for the rainwater garden at the northeast corner of the building. e. Get the necessary approvals and permits from the watershed district. City Connell 04 -28 -03 f Submit a revised site lighting plan for city staff approval. This plan shall show how the lighting on the building would add to the site lighting, and the plan should have additional lighting near the driveways, where they intersect the public streets, so the driveways are adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent properties. g. The developer shall record the following with Ramsey County: (1) The documentation to combine the properties into one property for tax and identification purposes. (2) A ten - foot -wide permanent easement for public street right -of -way and public utility purposes along the south side of the County Road D right -of- way. h. Have the Saint Paul Regional Water Services (SPRWS) review and approve the proposed utility plans. i. The fire chief shall approve the access to the back (northeast side) of the building for firefighting needs. j. Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such facilities, the enclosure shall have materials that are compatible with the building, and they shall have gates that are 100 percent opaque. k. Submit plans for city staff approval of the south elevation, including the garage. 1. Submit samples of the proposed building materials and colors to staff for approval. m. Provide the city with verification that the apartment building will meet all state noise standards. This shall be with a study, testing or other documentation. If the noise levels on this site violate any of the state standards, then the contractor will have to construct the building so that it can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the building. n. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. o. This approval does not include the 20 -unit addition on the east end of the site. The developer or builder shall submit all necessary plans to the CDRB for their approval before the city may issue a building permit for this part of the project. City Counc'IA4 -28 -03 10 3. Complete the following before occupying the building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. c. Install reflectorized stop signs at each exit, a handicap - parking sign for each handicap - parking space and an address on the building. In addition, the applicant shall install "no parking" signs within the site, as required by staff. d. Paint any roof -top mechanical equipment to match the uppermost part of the building. Screen all roof - mounted equipment visible from streets or adjacent property. (code requirement) e. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep outside the building. Any such enclosures must match the materials and colors of the building. f Install and taper the concrete sidewalk along Ariel Street to match the driveways. g. Install and maintain an in- ground sprinkler system for all landscaped areas. h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent properties. j. Install a six - foot -high solid screening fence along the west property line of the site. The location, design and materials of the fence shall be subject to city staff approval. k. Install a quality video surveillance system that covers the underground garage and its entrance /exit doors. This system shall be subject to the approval of the Maplewood Police Department. 1. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. City Counc'IA4 -28 -03 11 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. This approval does not include the signs. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes -All City Counc; V4 -28 -03 12 Agenda Item G3 Lril =ILVAIQ CL10 TO: City Manager FROM: Kevin Christiansen, Planning Intern SUBJECT: Conditional Use Permit Review PROJECT: St. Paul Hmong Alliance Church LOCATION: 1770 McMenemy Street DATE: 10/10/2005 INTRODUCTION The conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street is due for review. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2003, the city council approved a CUP revision and design plans for this site. These requests were for the church to expand their parking lot to the south and to add a playground to their property. (Please see the minutes starting on page nine.) September 13, 2004, the city council agreed to review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. DISCUSSION The Saint Paul Hmong Alliance church has finished the parking lot expansion and all of the associated site work. The Church recently met city staff requests to repair the 100% opaque gate for the on site trash container enclosure and to restripe the driveway onto McMenemy Street. RECOMMENDATION Review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. p:sec17 \Hmong Alliance Church CUP 2005 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Site Plan 5. July 8, 2002 City Council Minutes I I I i �I ILINE I LARPENTIJUR AVE Location Map St Paul Hmon6 Alliance Church Attachment 1 AOF Attachment 2 St Paul Hmon4 Alliance Church Zoning Map FELL ,-t Q AVE St Paul Hmond Alliance Church Attachment 3 Area Map , Attachment 4 ��,.... �fl % J Pl' YS® UAW P N W E S 0 5 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02 -14 A. CALL TO ORDER: Attachment 5 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:08 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 7:30 p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street) A. Conditional Use Permit Revision B. Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. C. Jackie Monahan -Junk presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kao Lee, representing the church, 2415 Cypress, Maplewood Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood Dick DuFresne, 1721 Desoto Street, Maplewood Audrey Duellman, 1843 Desoto Street, Maplewood Dick Friemuith, 1802 Burr Street, Maplewood James Evans, 1796 Burr Street, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Sullivan Kong, member of the Hmong Alliance Church from St. Paul Ge Her, 1391 Bradley Street, Maplewood Ye Her, 1768 McMenemy, Maplewood Christine Le, Member of the Church Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted Barry Morgan, Master Engineering, 2104 4 Avenue South, Minneapolis, for the Church Kao Lee, second appearance Kevin Berglund, second appearance 6 Dick DuFresne, second appearance Councilmember Koppen moved to adopt the resolution approving a conditional use permit for the parking lot and playground for St. Paul Hmong Alliance Church at 1770 McMenemv Street. RESOLUTION 02 -07 -127 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, and to add a playground to their property. WHEREAS, this permit allows the church and Sunday school. WHEREAS, this permit applies to 1770 McMenemv Street. The legal description is: Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North 10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof, and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: 1. On November 24, 1986, the city council granted a conditional use permit for a church at this location. 2. On June 17, 2002, the planning commission recommended that the city council approve this permit revision, except the addition of the new driveway to Desoto Street. The city council held a public hearing on July 8, 2002. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit revision, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 7 The use would not change the existing or planned character of the surrounding area The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, and the proposed playground. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the driveway to Desoto Street, the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot from adjacent homes by planting, berming or both. Seconded by Councilmember Wasiluk Ayes -All 1.1 Councilmember Koppen moved to approve the design plans for the proposed parking lot, and playground for St. Paul Hmong Alliance Church. This approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot, provide for staff approval the following plans: a. A revised landscape plan that shows the following: (1) Significant screening and landscaping along the south side of the parking lot in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished with a fence, berming or trees. (2) The use of native turf for the proposed ponding areas with additional landscaping in and around the eastern pond. b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees in accordance with the woodland protection ordinance. c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that the lighting would not exceed the maximum illumination as allowed by code (0.4- foot - candles) at the property lines. d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and agate that is 100 percent opaque. e. A playground layout plan that includes the location and style of playground equipment. 1. Resod the lawn that is disturbed by construction activities. 2. Restripe the driveway onto McMenemy Street to include a turn lane. 3. Construct the required trash container enclosure. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 1r] Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to deny the driveway access onto Desoto Street Seconded by Councilmember Collins Ayes -All Denial of driveway request is because of concern that Desoto is not currently designed /built to carry additional traffic. When improvements are planned and completed on Desoto Street, the church could then make a request for an access. City Manager Fursman noted that if additional design features are made for the McMenemy entrance, those could be bought back to the staff for modification. Councilmember Wasiluk moved to extend the meeting to complete the agenda Seconded by Councilmember Koppen Ayes -All IR AGENDA NO. G -4 AGENDA REPORT TO: City Manager FROM: Finance Director and R.E.A.L. Director RE: INCREASE IN RECORDS, ELECTIONS AND LICENSE DEPARTMENT SERVICE CHARGES DATE: October 18, 2005 INTRODUCTION It is proposed that the Records, Elections and License (R.E.A.L.) Department service charges be increased by 2.0% for 2006. BACKGROUND It has been past practice to raise service charges annually to key up with inflation. In 1993 a User Fee Study was completed for the R.E.A.L. Department the to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 46 individual license /permit fees and service charges for the R.E.A.L. Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase -in schedule covering three years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 12 -13 -93 the Council approved the recommended fees in the User Fee Study for 1994. There have been annual increases in the service charges since then. It would be appropriate to increase the R.E.A.L. Department service charges by 2.0% to keep up with inflation. The recommended 2006 service charge rates are being presented to the City Council now so that staff has enough time to prepare the forms for the annual renewal of licenses. RECOMMENDATION It is recommended that the Council approve revisions in City Clerk services charges listed in Exhibit A for 2006. p \agn \USERFEE_REAL P: \EXCEL \MISC \FEES REAL Exhibit A Page 1 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual Volume 2004 Fee 2005 Fee 2006 Fee Adult Use & Sexually-oriented Business 0 $508 $515 $525 Alarm Installation Permit 20 49 50 51 Alarm System License 165 49 50 51 Amusement Park License 1 341 345 352 Auctioneer License 1 94 95 97 Bench Permit 1st Bench Additional Benches 1 18 61 37 62 37 63 38 Business Registration License 125 0 1 35 36 Carnival License 3 335 339 346 Cat License - fee for two years 1 100 18 19 19 Catering Food Vehicle License 1 st Vehicle Each Additional Vehicle Fleet 2 1 1 114 77 305 115 78 309 117 80 315 Christmas Tree Sales License 8 202 205 209 Cigarette and Tobacco License 65 86 87 89 Coin Op. Amusement Device Base Fee Per Device 38 447 200 50 203 51 207 52 Contractors License 600 114 115 117 Currency Exchange License 1 313 317 323 Dog Kennels - New License 1 74 75 77 Dog Kennels - Renewal License 2 39 40 41 Dog License - Fee for two years 1 700 18 19 19 Food Establishment License 126 590 598 610 Golf Course License 4 289 293 299 1 Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $500 effective with 2004 fee. 3 Set by ordinance adopted 9- 10 -90. P: \EXCEL \MISC \FEES REAL Exhibit A Page 2 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2004 2005 2006 Volume Fee Fee Fee Home Occupations - Renewal 5 55 56 57 Itinerant Food Establishment License 12 67 68 69 Liquor License - Investigation Fee: Investigations in state 2 8 500 500 500 Investigations out of state 0 902 914 1 932 Liquor License - Temporary On -Sale - Per Day 179 181 185 Motels: 1 - 15 Units 1 109 110 112 16 - 35 Units 2 148 150 153 36 - 100 Units 1 272 276 282 Over 100 Units 2 313 317 323 Motor Vehicle Repair License 49 141 143 146 Nonperishable Food Vehicle License 1stVehicle 2 67 68 69 Each Additional Vehicle 1 40 41 42 Fleet 1 155 157 160 Pawn Shop 1 9,140 9,260 9,260 Pending Assessment Search 170 42 43 44 Personal Service Business Premise License -New 1 635 643 656 Personal Service Business Premise License - Renewal 3 226 229 234 Personal Service Worker - Investigation Fee 1 118 120 122 Personal Service Worker - License 13 195 198 202 Potentially Haz. Food Vehicle Licensing 1 st Vehicle 3 160 162 165 Each Additional Vehicle 1 77 78 80 Fleet 1 456 462 471 1 Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $500 effective with 2004 fee. 3 Set by ordinance adopted 9- 10 -90. P: \EXCEL \MISC \FEES REAL Exhibit A Page 3 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2004 2005 2006 Volume Fee Fee Fee Second Hand Dealer License 4 321 325 332 Service Station License 1st Pump 17 161 163 166 Each Additional Pump 101 14 1 14 14 Sewer Connection Permit 145 83 84 86 Solicitor License Base Charge 2 151 153 156 Each Solicitor 2 52 53 54 Special Food Handling Establishment 35 90 91 93 Swimming Pool License - Commercial Indoor 10 104 105 107 Outdoor 22 104 105 107 Combined 2 141 143 146 Tavern License 1 51 52 53 Taxicab License 71 72 73 Base Charge 1 53 54 55 Each Driver 1 24 24 24 Temporary Food and Beer License 31 47 48 49 Temporary Gambling Permit - Per Day 3 50 51 52 Theater License - Indoor 14 204 207 211 Theater License - Outdoor 0 500 507 517 Trailer Rental License 1st Five Trailers 3 40 41 42 Each Additional License 13 13 13 Used Car Dealer License 11 292 296 302 P: \FINANCE \EXCE \MISC \FEES REAL 10/18/2005 1 Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $500 effective with 2004 fee. 3 Set by ordinance adopted 9- 10 -90. /GTe1A0 107G1019 e AGENDA REPORT TO: City Manager FROM: Finance Director RE: 2005 Budget Adjustments for Debt Service and Capital Project Funds DATE: October 18, 2005 The following 2005 budget adjustments are recommended for the reasons indicated: 1. Increase account 350 - 000 - 000 -4810, principal payments, by $25,000 as the amount was omitted from the budget. This is the first principal payment on a 2004 bond issue that was overlooked when the budget was prepared last year. 2. Increase account 408 - 000 - 000 -4930, investment management fees, by $50 as the amount in the original budget was underestimated. The fees are based on investment earnings and the amount invested which is difficult to estimate. 3. Increase account 431 - 000 - 000 -4930, investment management fees, by $10,400 as the amount in the original budget was underestimated. The fees are based on investment earnings and the amount invested which is difficult to estimate. P\agn\2005 budget changes3 Agenda Item G6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Bill Priefer, Public Works Management Analyst SUBJECT: Traffic Control Signal Agreement 88640M for TH 61 at Arcade Street and Roselawn Avenue — Park Entrance DATE: October 10, 2005 INTRODUCTION Ramsey County no longer has jurisdiction over any legs of the Roselawn /TH 61 and Arcade /TH 61 intersections, and thus, Ramsey County maintenance will no longer perform minor maintenance or pay for the monthly electrical power for the traffic control signal on TH 61 at Arcade Street and Roselawn Avenue. This section of Arcade Street north to County Road C was turned back to Maplewood by Ramsey County in 1996. Background Minnesota Statute authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. To that end, this city and state will participate in the maintenance and operation of the referenced existing traffic signal. Budget Impact The impact to the Street Lights and Signals program for this traffic signal will be minimal since typical annual expenditures for the maintenance of all traffic signals is on average $2,400 per year. RECOMMENDATION It is recommended that the city council adopt the attached resolution approving Traffic Control Signal Agreement No. 88640M between the Minnesota Department of Transportation and the City of Maplewood. Attachment: 1. Agreement 88640M 2. Resolution MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88640M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF MAPLEWOOD FOR Maintenance and Operation of the existing Traffic Control Signal with Street lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street /Roselawn Avenue -Park Entrance, in Maplewood, Ramsey County, Minnesota. C.S. 6222 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered T)LPT TFC THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the City of Maplewood, (City). MM MOMr Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The Ramsey County Public Works Department has turned back the road formerly known as County State Aid Highway No. 60 (Arcade Street) /Roselawn Avenue -Park Entrance to the City. This road is currently known as Arcade Street /Roselawn Avenue -Park Entrance. The parties desire to provide the maintenance and operation for the existing traffic control signal, including street lights, interconnect and signing (Traffic Control Signal), on Trunk Highway 61 at Arcade Street/ Roselawn Avenue -Park Entrance. Due to Ramsey County no longer having jurisdiction over any legs of this intersection, Ramsey County will no longer perform the minor maintenance or pay for the monthly electrical 88640M -1- power for the existing Traffic Control Signal, at the location provided for above. The City and the State will participate in the maintenance and operation of the existing Traffic Control Signal. 1. The responsibility for the existing Traffic Control Signal is as follows: a) the City will, at its cost and expense: (1) relamp the existing traffic control signal; (2) clean and paint the existing traffic control signal, cabinet and luminaire mast arm extensions; (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary; and (4) relamp the street lights; and b) The State will, at its cost and expense, maintain the signing and interconnect and perform all other existing traffic control signal and street light maintenance. 2. The City will, at its cost and expense, pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signal. 3. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort 88640M -2- Claims Act, Minnesota Statutes Section 3.736. The City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 4. All timing of the existing Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 5. Upon execution and approval by the City and the State, this agreement will supersede and terminate the maintenance and operation terms in Agreement No. 77076, Dated July 14, 1998, regarding the intersection of Trunk Highway 61 at County State Aid Highway No. 60 ( Arcade Street)/ Roselawn Avenue Park Entrance, between Ramsey County, Maplewood, and the State. 6. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 8. This Agreement contains all negotiations and agreements between the parties. No other understanding 88640M -3- regarding this Agreement, whether written or oral, may be used to bind either party. 9. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 88640M -4- CITY OF MAPLEWOOD By: Mayor Date: By: Title: Date: 88640M -5- DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Metropolitan District Engineer By: State Design Engineer Date: COMMISSIONER OF ADMINISTRATION As to form and execution: As delegated to Materials Management Division By: By: Date: Contract Management Date: 88640M -6- RESOLUTION BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with Street Lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street /Roselawn Avenue -Park Entrance in accordance with the terms and conditions set forth and contained in Agreement No. 88640M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Item G -7 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Annual Renewal Currency Exchange DATE: October 17, 2005 Introduction Cashway Checking, a currency exchange licensee, made application with the State to renew its currency exchange license to operate at 3035 White Bear Avenue. Background Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. After consulting with Chief Thomalla, there is nothing on record that would prohibit council from renewing the annual currency exchange license. They are a good member of the business community. Recommendation It is recommended that council approve the annual renewal license for Cashway Checking. Item G 8 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 17, 2005 RE: Temporary Gambling Introduction An application has been submitted for temporary gambling on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their annual meeting of the churches Men's Club. The event will be held on November 16, 2005 from 6:00 p.m. to 11:00 p.m. in the church basement. Funds raised will be used for capital purchases for the church. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, 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. Recommendation Approve the above resolution for temporary gambling. Agenda Item G9 IeCic3 ;I L , UL\ N ;I Oel:41 To: Richard Fursman, City Manager From: Steve Hurley, IT Director Date: October 19, 2005 Re: 2005 IT Budget Transfer Introduction Expenditures in the IT Fund have exceeded the budget for 2005 Background This year has required expending funds not budgeted during the 2005 budgeting process. To keep the city's Information Technology department providing necessary services to all other departments, expenditures especially in Fees for Service, Supplies- Equipment and Depreciation Expenses have exceeded budgeted amounts. Some accounts may have surplus funds but that will not be known until year's end. Recommendation It is recommended that the Finance Director be given authority to make the appropriate budget adjustments for 2005 by moving $45,000 from the IT Fund reserves. Agenda Item G10 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT KENNARD PROFESSIONAL BUILDING, LLC L Recital. 1.1 The Effective Date of this Agreement is 1 2005. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ( "City "), Legacy Holdings -MW LLC, a Minnesota limited liability company ( "Master Developer ") and Kennard Professional Building, LLC, a Minnesota limited liability company ( "Successor Developer "). 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ( "Master Development Agreement "). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing a corporate /commercial facility (the "Kennard Development "). Such parcel is referred to as the western part of "Phase 7 — Outlot G" in the Master Development Agreement but is now legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying westerly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. 1787796v2 7/7/05 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Subject Parcel for use consistent with the proposed Kennard Development, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subject to the Master Development Agreement. 1.7 THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Because City has approved the Kennard Development as set forth above, City agrees that: (a) The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subject Parcel. (b) Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Kennard Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. 1787796v2 7/7/05 2 This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 (Remainder ofPage Intentionally Left Blank) 1787796v2 7/7/05 Dated: 1 2005 CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city. By:_ Its: By:_ Its: STATE OF MINNESOTA COUNTY OF RAMSEY ss The foregoing instrument was acknowledged before me this day of 2005, by the and , the of the City of Maplewood, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] Dated: 2005 MASTER DEVELOPER: LEGACY HOLDINGS -MW LLC, a Minnesota limited liability company By: Keith Gruebele Its: Chief Financial Manager STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2005, by Keith Gruebele, the Chief Financial Manager of Legacy Holdings -MW LLC, a Minnesota limited liability company on behalf of said limited liability company. Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] Dated: 1 2005 SUCCESSOR DEVELOPER: KENNARD PROFESSIONAL BUILDING, LLC, a Minnesota limited liability company C Richard H. Zehring Its: Chief Manager /President STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by Richard H. Zehring, the Chief Manger /President of Kennard Professional Building, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] Agenda Item G11 SPECIAL ASSESSMENTS ESCROW AGREEMENT THIS SPECIAL ASSESSMENTS ESCROW AGREEMENT ( "Agreement ") is made and entered into this day of October, 2005, by and between LEGACY HOLDINGS -MW, LLC, a Minnesota limited liability company ( "Legacy "); COMMERCIAL PARTNERS TITLE, LLC, a Minnesota limited liability company ( "Title "); KENNARD PROFESSIONAL BUILDING, LLC, a Minnesota limited liability company ( "Kennard ") and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city ( "City "). RECITALS A. Legacy Holdings -MW, LLC, ( "Legacy ") and the City entered into the Development Agreement relating to the Legacy Village Project, City of Maplewood, Minnesota effective September 8, 2003, as amended ( "Development Agreement "). B. Outlot G ( "Corporate Commercial Facilities ") described on Exhibit F of the Development Agreement has subsequently been platted as Lot 2, Block 2, Legacy Village of Maplewood, Ramsey County, Minnesota. ( "Lot 2 "). C. The City has approved an administrative lot split for Lot 2 into 2 separate lots, one of which is legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying westerly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. (the "Property ") D. The Property represents 57% of the total area of Lot 2 as shown on the attached Exhibit A. E. Legacy and Kennard entered into a Purchase Agreement effective August 31, 2004, as amended, for the sale of the Property by Legacy to Kennard. F. Concurrent with the execution of this Agreement, Legacy has conveyed the Property to Kennard. The lot split will be effectuated at the recording of the deeds with the Ramsey County Recorder executed at the closing of this sale. G. There has been a total of $620,869.21 in assessments levied against Lot 2 pursuant to the Development Agreement. Currently the principal balance of the assessments levied against Lot 2 is $567,671.15. The Property's 57% share of the total assessments levied against Lot 2 is $353,895.45. The Property's 57% share of the current principal balance of the assessments levied against Lot 2 is $323,572.56. There are no pending assessments against Lot 2 or the Property. H. Section 6.2(e) of the Development Agreement provides that the City will pay $238,575.08 (67.414 %) of the $353,895.45 in total assessments levied against the Property at such time as the requirements of Section 6.2(e) of the Development Agreement have been fulfilled. As to the building permit requirements, Kennard anticipates that such building permits will be issued within sixty (60) days of the date of this Agreement. L Legacy's share of the current principal balance of the assessments levied against the Property is $84,997.48. J. If the requirements of Section 6.2(e) of the Development Agreement are not met on or before November 15, 2005, additional interest of $29,918.45 on the current assessment principal balance for the Property will accrue for tax year 2006. K. Legacy and Kennard are desirous of consummating the sale and purchase at this time, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter set forth, Legacy, Kennard, the City and Title agree as follows: 1. Concurrent with the execution of this Agreement, Legacy has deposited in escrow with Title $114,915.93 (the sum of the amounts recited in Recitals I and J), the receipt of which is hereby acknowledged by Title, to be used to pay assessments as levied as set forth in Recital G above. 2. Title agrees to hold the $114,915.93 until it receives written notice from the City and Kennard that the terms of Section 6.2(e) of the Development Agreement have been fulfilled, at which time the City shall deliver to Title $238,575.08. Title will then hold a total of $353,491.01. Legacy and Kennard agree that the City's obligation to pay special assessments under this Agreement shall be a maximum of $238,575.08. 3. At such time as the terms of Section 6.2(e) of the Development Agreement have been fulfilled Title shall immediately disburse to the Ramsey County Finance Department from the escrowed funds the amount necessary to pay in full the assessments for the Property. Any excess escrowed funds remaining after payment to Ramsey County plus any accrued interest shall be disbursed to Legacy at 1300 Wells Fargo Plaza, 7900 Xerxes Avenue South, Bloomington, MN 55431, Ann. Frank A. Janes, General Counsel. 4. If the terms of Section 6.2(a) of the Development Agreement have not been fulfilled by no later than October 19, 2006, Title will disburse the escrow funds to the City and the City will cause the special assessments against the Property to be paid in full. If for any reason, the payoff of the special assessments is more than the sum of the Escrowed Funds and the amount the City is required to pay under Section 2 hereof, then upon written request from the City to Legacy and Kennard, any additional funds needed will be immediately paid to the City so that the City can pay such special assessments. To the extent that payments are not promptly made, that is within 10 business days of the request, the City will have the right to deduct any such amount from the amount it owes to Legacy pursuant to the provisions of the Tax Abatement Note issued under the Development Agreement and use funds to pay the special assessments. 2 5. The City is executing this Agreement for the following purposes only: (a) to affirm that, subject to the terms of the Development Agreement, it has no interest in the $114,915.93; (b) to affirm that Section 6.2(e) of the Development Agreement, as amended, is in full force and effect as to the Property; (c) to affirm that Legacy is not in default under the Development Agreement as to the Property; (d) to affirm its obligations under Section 6.2(e) of the Development Agreement as to the Property. 6. This Agreement shall terminate upon the release of the $114,915.93 pursuant to Section 2 herein and the performance by the City under Section 6.2(e) of the Development Agreement. 7. Title's escrow service fee is $200.00, receipt of which is hereby acknowledged. Legacy shall be responsible for this fee. 8. The acceptance by Title of its duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of Title. (a) Title is not a party to and is not bound by, any agreement which may be evidenced by or arise out of the foregoing escrow instructions, other than expressly therein set forth. (b) Title shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document which Title in good faith believes to be genuine and what it purports to be. (c) Title shall not be liable for any error of judgment, or for any act done or step taken or admitted by it in good faith, or for any mistake of fact or law, or for anything for which it may do or refrain from doing in connection therewith, except its own misconduct. Legacy and Kennard shall indemnify and agree to pay Title for any claims or expenses arising out of this Agreement, including court costs and reasonable attorneys' fees. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 10. This Agreement shall be governed by the laws of the State of Minnesota 11. No rescission of this Agreement or modification of its terms shall be effective without the written consent of the undersigned parties. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LEGACY HOLDINGS -MW, LLC a Minnesota limited liability company By: // IL ✓`�X� Keith Gruebele Its: Chief Financial Manager COMMERCIAL PARTNERS TITLE, LLC, a Minnesota limited liability company ]KENNARD PROFESSIONAL BUILDING, LLC a Minnesota limited liability company B Its: 1 CITY OF MAPLEWOOD, MINNESOTA a Minnesota statutory city M Its: Its: By: Its: By: ]KENNARD PROFESSIONAL BUILDING, LLC a Minnesota limited liability company B Its: 1 CITY OF MAPLEWOOD, MINNESOTA a Minnesota statutory city M Its: Its: Exhibit A to Special Assessments Escrow Agreement LOT LOT ST;,YjU N+kTFF tAd4' EA9EFT 1 Agenda Item H1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: October 17. 2005 I0 :IQ millet IIQ01 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, and consider approving the attached resolution adopting the assessment roll. Background Dahl Avenue is a new public street constructed for the Woodhill Development. The proposed assessments for the Dahl Avenue Street and Utility Improvements are for costs relating to the street and utility construction that benefit the adjacent properties. The assessment rates for the street and utility improvements are based on the cost of construction for the Woodhill Development. The assessment to the existing residential property at 2480 Linwood Avenue is based on standard sanitary and water main service charges. The method of assessment is the same as had been outlined in the feasibility study. Objections Filed No objections have been filed as of October 18, 2005. Property Ownership Issue At the September 26 City Council meeting, a number of members of the Kayser family presented ownership claims regarding this property. Attached is a memo from Assistant City Attorney Dave Ramberg on the numerous lawsuits and claims by these members of the Kayser family. All have been dismissed by the court and the City Attorney has concluded that the City has all legal rights and protections to proceed with this assessment and hearing. Budget Impact There would be no impact to the approved budget based on the above recommendation. The proposed assessments to these properties were included in the original financing plan, which was approved on May 9th 2005. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map 4. City Attorney Memo Agenda Item H1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on October 24` 2005, calling for a Public Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10, 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: No property owners have filed objections as of October 17, 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 November 10, 2005, as to their recommendations for adjustments. 2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill Development 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 for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 23 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 November 23r 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 transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county no later than November 24` 2005. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 24 ` day of October 2005. Maplewood, MN Dahl Avenue Street and Ut ty Impmvements (or Waodhlll Development Prefeat0110 09116✓), City Project 05 -10 Dahl Avenue Street Utility Improvements for Woodhill Development FINAL ASSESSMENT ROLL No. Parcel lD Number Street ZIP Owner Name No. of Street Units STREETISTORM No. of Trail Units TRAIL No. of Resitlen[al Services SANITARY WATER $ 11,100.60 $ 52].06 $ 12,8]5.06 53,880.00 $ 12,980.06 53,880.00 MAINBSERVICE SERVICE MAINBSERVICE SERVICE TOTAL 1 132822120010 2516 LINWOODAVE 55119 -58]3 BENCHMARK COMPANIES 15 $ 166,500.00 15 $ ],905.00 15 $ 193,125.00 $ - $ 198820.00 $ - $ 562,350.00 2 132822210085 2480 LINWOOD AVE 55119 -5808 ALBERT J JIROVEC 0 $ 0 $ 1 $ - $ 3,880.00 $ - $ 3,880.00 $ ],]60.00 $ 570,110.00 TOTALS 15 1 $ 166,500.001 15 1 $ 7,905.00 16 1 $ 193,125.001 $ 3,880.001 $ 194,820.001 $ 3,880.001 $ 5]0,110.00 Pagel aft .. �� KING ST, � �7 ODAQ BATTLE CREEK MAI LAND ° GOLF CIR. o COURSE ° ° c O 1. 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ER )RI CIF �LN no scale Dahl Avenue, Street and Utility Improvements for Woodhill Development C.P. 05 -10 Location Map Memorandum To: Chuck Ahl From: Dave Ramberg Date: October 17, 2005 RE: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10 On September 28, 2005, you requested our opinion on ownership issues affecting certain property legally described as: The West Quarter of the Northeast quarter of the Northwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (subject to road) all in Section 13, Township 28, Range 22, Ramsey County, Minnesota. Said property is to be assessed in conjunction with the above - referenced project. This property has been the subject of multiple lawsuits initiated by, or on behalf of, Evelyn Wallace and her two children William Kayser and Nancy Lazaryan.l It is our opinion that the property is owned by Benchmark Companies and that the progeny of lawsuits challenging its ownership is without merit. \II On January 9, 2001, James H. Kayser executed his last will and testament. In his will, James Kayser devised 60% of the residue of his estate to his spouse, Jesusa Kayser, and 40% of the residue to his two minor children, Karen and Kenneth Kayser. James Kayser "specifically disinherit[ed] all other parties not specifically named" in his will. This group of disinherited parties included, among others, Nancy Lazaryan and William Kayser. James Kayser died on June 3, 2003. An application for informal probate of the will 1 Evelyn Wallace is a former spouse of James Kayser. William Kayser and Nancy Lazaryan are their children from that marriage. followed. Nancy Lazaryan and William Kayser objected, arguing that decedent lacked testamentary capacity. Special administrator Ronald Riach moved for summary judgment. In May 2004, the district court granted his motion on some of the issues but denied his motion on the issue of testamentary capacity. The three paragraphs describing what occurred are taken from the recent Appelate Court decision of Estate of: James H. Kayser, Decedent, A04 -1910 (Minn. Ct. App. June 28, 2005), review denied (Minn. Aug. 24, 2005). Sometime before June 16, 2004, the locks on decedent's homestead were changed and "no trespassing" signs were posted on decedent's property. On June 17, 2004, Evelyn Wallace faxed Riach a letter claiming that she had taken possession of decedent's homestead. The next day, the district court granted Riach's request for a temporary restraining order prohibiting Wallace and [Nancy Lazaryan and William Kayser] from entering decedent's homestead. After a hearing, the district court issued a temporary injunction prohibiting Wallace, [Nancy Lazaryan and William Kayser], or their agents from entering decedent's homestead. Within a day or two after the issuance of the temporary injunction, [Nancy Lazaryan and William Kayser] or their agents returned to decedent's property and again changed the locks. On July 1, 2004, Wallace and [Nancy Lazaryan and William Kayser] filed a lawsuit against the Ramsey County district court judge who had presided over the probate proceedings; Riach; and several other parties; alleging various violations of state law in connection with the issuance of the temporary injunction against Wallace and [Nancy Lazaryan and William Kayser That same day, [Nancy Lazaryan and William Kayser] filed a request to remove the judge from the probate proceedings. Their request ultimately was denied for failure to affirmatively show prejudice. At trial in August 2004, the district court heard testimony regarding decedent's testamentary capacity from four witnesses. The district court found that decedent had testamentary capacity when he executed his will and dismissed appellants' remaining objections to the probate 2 That lawsuit was eventually dismissed by Judge Harry Crump. The dismissal was upheld by the Court of Appeals in Lazaryan v. Judge Marrinan of the Ramsey County District Courtin her Capacity Personally, A05 -28 (Minn. Ct. App. Sept. 6, 2005). 2 of the will. The district court also determined that a permanent injunction was necessary to protect decedent's homestead from damage caused by Wallace and [Nancy Lazaryan and William Kayser]. Id., at 1. Among other things, the district court found that James Kayser's "homestead, located [at] 2516 Linwood Avenue East... was owned in fee simple by the Decedent and is a probate asset, rightfully under the control of the Special Administrator." (J. Marrinan's Order, Finding of Facts, ¶ 30.) The court also found that "Evelyn Wallace, formerly Evelyn Kayser, and Robert L. Wallace, her husband, executed a Quit Claim Deed to the homestead in favor of James H. Kayser on October 5, 1978, which Deed was recorded... An Amended Judgment and Decree dated October 6, 1978 was filed in the above described dissolution action and recorded... award[ing] the homestead to the Decedent, James H. Kayser... " (Id., ¶ 35.) The court found "The title insurance commitment issued by Chicago Title Insurance Company with an effective date of May 9, 2004 correctly identifies the Decedent as the owner of the real estate... " (Id., ¶ 39.) In addition to these findings of fact, the district court made the following conclusion of law. "Evelyn Wallace, William Kayser and Nancy Lazaryan have no right, title, or interest in or to the property... which property is owned in fee by James H. Kayser, deceased." (J. Marrinan's Order, Conclusions of Law, ¶ 3.) The court granted the permanent injunction noted above, stating: Evely Wallace, William Kayser, and Nancy Lazaryan, their agents, servants, employees, attorneys, and those persons in active concert and participation with them who receive actual notice of this Order by personal service or otherwise, are hereby prohibited and restrained from entering upon the property located at 2516 Linwood Avenue East, Maplewood, Minnesota. (J. Marrinan's Order at 8, ¶ 2(a).) It further ordered the return of all personal property they removed from the property (Id., ¶ 2(b)) and discharged the Notice of Lis Pendens filed June 15, 2004 (Id. at 9, ¶ 7). Nancy Lazaryan and William Kayser then challenged on appeal the issuance of the permanent injunction, the denial of their request for removal, and the dismissal of their objections to the probate of decedent's will. In June of 2005, the Court of 3 A Notice of Lins Pendens serves to place a party on notice that the relevant property is the subject of litigation. One acquiring an interest in the property during the pending action takes it subject to the outcome of the suit. 3 Appeals upheld the lower court's decisions. See, Estate of.- James H. Kayser, Decedent. The following month, the Minnesota Supreme Court declined to further review the matter. Immediately the Appellate Court's decision, Nancy Lazaryan filed a motion to hold Mr. Riach in contempt of court. In response, the District Court issued an order 1) declining to entertain the motion, and 2) prohibiting Ms. Lazaryan and Mr. Kayser from filing any further pleadings in the case. In July of 2005, Evelyn Wallace then filed a Complaint for Quite Title of the property. Ms. Wallace named Mr. Riach (as representative of the estate) and Ramsey County District Court as defendants in the matter. Ms. Wallace further sought a temporary injunction. By order dated July 15, 2005, District Court Judge Robert Lynn denied Ms. Wallace's request for a temporary injunction noting: The relief sought by Ms. Wallace has already been litigated and decided adversely to her position in the underlying action. These findings have been upheld recently... [by] the Court of Appeals... There is no likelihood Plaintiff will succeed on the merits of her underlying claims. Rather, she, with the support of certain family members, seems to believe it proper to file new lawsuits. It is not. Judge Lynn then set the matter on for a hearing, to consider the dismissal of the lawsuit. The hearing took place on August 30, 2005. At the hearing, Assistant Attorney General John Garry appeared on behalf of the defending court, attorney Ronald Riach appeared on behalf of the defending estate, and attorney Patrick Tierney appeared on behalf of plaintiff Wallace. By Order of September 20, 2005, Judge Lynn granted Defendants' motion for summary judgment and dismissed Plaintiff's quiet title action. The court found that "Plaintiff [previously] had a full and fair opportunity to be heard on the ownership issue or that those in privity with Plaintiff (i.e. Ms. Lazaryan and Mr. Kayser) had a full and fair opportunity to be heard on the ownership issue." (J. Lynn Order at 11.) The court stated: "It is clear, from the above discussion on collateral estoppel, that Plaintiff has no legal interest in the Property and, therefore, no legitimate basis for a quiet title action." (Id. at 13.) The court concluded that, "Plaintiff is estopped from claiming she has an interest in the Property and there is, therefore, no basis for a quiet title action." (Id. at 15.) 4 Notably, Mr. Riach sought and partially received attorneys' fees, sanctions, and the like. The court found as follows: In considering Plaintiff's culpability and ability to pay, the Court finds that Plaintiff must pay any costs and disbursements imposed in this case, and must post a $2,000 cost bond before filing any action in Minnesota in relation to the Maplewood property and/or the estate of James H. Kayser. This is the least restrictive sanction to deter Plaintiff's conduct. The Court notes that if Mr. Kayser and Ms. Lazaryan were parties to this action, the Court would impose on them the attorneys' fees of Riach, as well as the sanctions imposed on Plaintiff. (Id. at 14 -15.) It is also worth noting that on September 19, 2005, William Kayser attempted to effectuate service of the Complaint for Quiet Title upon the City of Maplewood (on behalf of Ms. Wallace). It is our position that, however, that service was improper and the City is not legally required to answer the complaint. Given the seriousness of Mr. Kayser's actions, however, the City would nonetheless be compelled to respond under normal circumstances. Although Judge Lynn has dismissed Plaintiff's case, service was attempted prior to the issuance of his order (albeit subsequent to the hearing for summary judgment). Through multiple phone calls and correspondence with Plaintiff's attorney, our office has negotiated the following (temporary) resolution. Plaintiff has agreed to grant the City an indefinite extension to answer or otherwise plead on the matter. In the alternative, Plaintiff will have the City dismissed from the current action, or seek clarification that the City is already effectively dismissed. We have assured Plaintiff's attorney that should the City be forced to file a response in this action it will seek costs, attorneys' fees and sanctions. It is our position that this suit, like its predecessors, is without merit. We believe the numerous court rulings on the matter confirm this. It is our opinion that the property that the City now wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc. We do not believe that Evelyn Wallace, William Kayser or Nancy 4 It is not this fact that we believe constitutes ineffective service, but rather Plaintiff s failure to properly amend the Complaint. Lazaryan hold any interest in the property. ADDITIONAL ASSURANCES In its Development Agreement for Woodhill Development City Project 05 -10, the Developer Nedegaard "warrants that he is the owner of the property proposed for the construction of the Woodhill development and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations." (Agreement at 1, ¶ 1.) The Developer further agrees to "reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the project." (Id. at 3, ¶ 7). The Developer further agrees as follows: the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to... any other person or persons whomsoever, for any claim demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work or the improvements provided herein, which the DEVELOPER will save the CITY harmless from such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including... costs of legal services rendered in connection with defending such claims as may be brought against the CITY. (Id. at 5, ¶ 18.) Although the foregoing provides the City certain protections and assurances, we do not base our recommendation on them. Rather, we submit our recommendation based on our understanding of the relevant facts and application of law. SUMMARY It is our opinion that the property the City now wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc. This is remains our position notwithstanding the numerous lawsuits filed on behalf of Evelyn Wallace, William Kayser and Nancy Lazaryan to the contrary. Accordingly, we believe the dedication of certain land to the City, as well as the notice and assessment of land addressed herein and contemplated at this time, is both legal and proper. 6 Item J 1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 17, 2005 RE: Special Election Ordinance — 2 °d Reading Introduction On October 14, 2005 at council meeting the city council approved first reading of an ordinance change specifying under what circumstances they will hold a special election. Background The proposed ordinance includes verbiage stating that no special primary election will be held when filling vacancies. Also the ordinance is written to hold a special election if more than six months remains in the unexpired term and the vacancy occurs more than six months before the next regular city election. This gives staff and council adequate time to make a temporary appointment, meet all posting and publishing requirements by law and prepare for a special election. ORDINANCE Filling a Council Vacancy A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. B. Special Election — In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this section. Upon approval of the second reading the ordinance will be published on November 2 °d and will then be in effect. Agenda Item K1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Ramsey County Library at Legacy Village LOCATION: Southlawn Drive and Legacy Parkway DATE: October 10, 2005 Iki 11111 :is]111111311 [a]ki Project Description Frank Janes, of the Hartford Group, has submitted applications for the relocation of the Ramsey County Library to Legacy Village. Ramsey County has outgrown the current library building on Beam Avenue and would like to build a new facility at the southwest corner of Southlawn Drive and Legacy Parkway in the Legacy Village PUD (planned unit development). Refer to the applicant's letter and the "Design Intent Statement" from Ramsey County. The proposed library would be approximately 35,000 square feet in area on this 4.7 -acre site. (The existing library on Beam Avenue is 22,000 square feet in size.) The county is also proposing to put in a coffee shop with a drive -up window as part of the usual library operations. Please note: The site plan is conceptual at this time. Ramsey County will make application for architectural and site plan approval later. Requests Mr. Janes is requesting the following: • A comprehensive land use plan amendment from BC (business commercial) to L (library). • A PUD revision to allow the library. The approved PUD for Legacy Village had required that this property be developed with restaurants and retail uses. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD concept plan. The council also approved the current land use plan classification, the preliminary plat for Legacy Village and tax - abatement financing. Q 6.18111 :9 [a].I Land Use Plan Amendment The comprehensive plan does not have any guidelines or policies for determining whether a library would be appropriate in either residential or commercial areas. It seems to "go without nearby businesses. It is evident that from the growth and success of the current library in its 13 years at the present location that this is a needed and desired facility for Maplewood. Coffee Shop Coffee shops in libraries are becoming a common amenity. Staff feels that this should be considered part of the library's operation and not a separate commercial entity. If the council reclassifies this property to "library," staff sees no conflict with that classification since the coffee shop is clearly subordinate to the main function as a library. With the above points in mind, staff supports the comprehensive plan change to allow the proposed library. PUD Revision From a land -use standpoint, the library would fit well in this neighborhood. Staff sees no potential detriment to the overall PUD by allowing the library to locate here. As noted above, a library is a desirable community facility and would be a good fit within Legacy Village. Tax - Abatement Financing Impact The only possible negative impact with this proposal is what impact, if any, might there be on the tax - abatement financing that was approved for Legacy Village. Paul Steinman, of Springsted Incorporated, the financial consultant involved with the tax - abatement plan, reviewed the potential impacts and forwarded his opinion. Refer to the attached letter from Mr. Steinman. In summary, Mr. Steinman concluded that the construction of the library (a tax - exempt use) would not have a significant impact on the city's projected tax abatement ability related to Legacy Village. The loss of taxable land value would be $3 million. This is only 1.9 percent of the projected total taxable value overall of $162,175,000. Mr. Steinman concludes that, `Therefore, a small decrease such as is being proposed with a potential reduction in value by $314, will not have an impact on the abatement." With this conclusion by Mr. Steinman, staff is supportive with the proposed library at Legacy Village. Compliance with PUD Conditions With a change in use from a commercial use to library, the city should continue to require compliance with the applicable PUD conditions that pertain to this property. Staff has kept these in the revised PUD resolution, but they are listed here in summary: • The building should be sited within 30 feet of Southlawn Drive and Legacy Parkway. • The applicant shall submit a comprehensive sign plan. • The architecture and exterior materials must be in keeping with nearby Legacy Village structures. • There must be sidewalks to both street -side sidewalks and the path around the pond to the west. • There should be outdoor seating, plazas, overlooks, etc to make use of the park and trail system. • Overstory trees must be planted along both street rights -of -way spaced 30 -40 feet apart. • Provide an easement on the "power -line trail' for maintenance and access. Sidewalks and Trails The approved PUD concept plan provides a pedestrian -trail connection from the city trail to the west to Southlawn Drive. The applicant should dedicate this trail easement and construct it as part of the library construction. The applicant or county should also construct the sidewalk along Southlawn Drive as part of the library construction as Ashley Furniture did to the north. The city engineer should review and approve the trail dedication documents as well as the plans for a sidewalk along the west side of Southlawn Drive. Wetland Protection Buffer As part of the site plan review, once the county presents their final site layout, the plans should show the wetland delineation of the existing wetland to the west in the sculpture garden. The site must be laid out to observe the 50 -foot wetland - protection buffer required for this wetland. Legacy Village Development Agreement When Legacy Village was approved, the city entered into a development agreement with the applicant. This agreement addressed the financial obligations for the developer and the city. If the proposed library has any impact on the terms of the agreement, the applicant or county should be responsible for paying any costs associated with this proposal. COMMITTEE ACTIONS October 3, 2005: The planning commission recommended approval with staff's recommendation. RECOMMENDATIONS A. Adopt the resolution approving a comprehensive land use plan amendment from BC (business commercial) to L (library) for the proposed Ramsey County Library to locate within Legacy Village along Southlawn Drive. Approval is based on the following reasons: 1. Libraries are desired and beneficial facilities in both residential and commercial areas. 2. The proposed library would not negatively affect the approved tax - abatement financing plan for Legacy Village. B. Adopt the resolution approving a PUD (planned unit development) revision for Legacy Village to allow the proposed Ramsey County Library on Southlawn Drive south of Legacy Parkway. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1. Compliance with the following PUD revisions: 6) LibraryCommerci Site (Outlot D): a. This The nn1eYn'ol °I site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The library One of the bu ildings o n the nnmmnrnal site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Cn thla yn nr: Drivp right -of -way or as close as practicable c. Allowed signage should only be wall signage or ground- mounted monument signs no more than 12' in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground- mounted and roof - mounted mechanical equipment will be completely screened from eye -level view of adjacent streets and adjacent properties, including the park and trail around the ponding area to the west; The narking lot on this s must p y de through GenneGtionq and G ross parking parcel to the south (Outlet C)� i h. There must be sidewalks connecting entries to all bu ildings o n site to Legacy Parkway, Southlawn Drive and the path around the pond to the west. and to Od tint C Su sidewyalks mu st he se from the parking lot — at curb le not parking l lever The developer must enter into a development agreement with the city to dedicate a trail along the south side of the property to connect the existing park trail to a future sidewalk along Southlawn Drive. The developer must construct these trails and sidewalks, and any others deemed necessary by the city engineer. i. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; j. Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30' -40' on center. k. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 7+— Restaurant Site (Outlet C): a The restaurant site is planned o n concept only within the DI ID and will G Arne for des a nd a at a Inter dote but the ollnwyerl x Inn- a the provisions of the BC zoning district and Gond outlined here are met 2. The developer shall comply with the requirements of the citVs wetland - protection ordinance. 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the library proposal. REFERENCE INFORMATION SITE DESCRIPTION Site size: 4.7 acres Existing Use: Undeveloped SURROUNDING LAND USES North: Legacy Parkway and Ashley Furniture South: Birch Run Station East: Southlawn Drive, the Maplewood Best Western and the Maplewood Mall West: The Legacy Village Sculpture Park PLANNING Land Use Plan: Existing —BC; Proposed —L Zoning: PUD PAST ACTIONS July 14, 2003: The city council approved the Legacy Village PUD. September 8, 2003: The city council approved the final plat for Legacy Village. November 24, 2003: The city council approved a revision to the Legacy Village final plat. November 25, 2003: The CDRB approved Ashley Furniture. December 16, 2003: The CDRB approved the Heritage Square Town Homes. February 9, 2004: The city council approved the final plat for Heritage Square. July 26, 2004: The city council approved Heritage Square Town Homes Second Addition. October 26, 2004: The CDRB approved the plans for the Wyngate rental townhomes. let » [ifdr III [a]ki I Ill 1114 We received the complete application and plans for this proposal on September 12, 2005. State law requires that the city take action within 60 days of receiving complete applications. A decision on this request is required by November 18, 2005. p:sec3 \Legacy Village RamCo Library 9'05 Attachments 1. Applicant's letter dated August 10, 2005 2. Location Map 3. Approved PUD Development- Concept Plan 4. Conceptual Library Site Plan 5. Letter from Paul Steinman dated September 12, 2005 6. Design Intent Statement by Ramsey County 7. Land Use Plan Resolution 8. Conditional Use Permit Revision Resolution HARTFORD Rest Estate Deselepment. ArcSitecture .Enginevrivg. Financial Service& August 10, 2005 LEGACY VILLAGE RAMSEY COUNTY REGIONAL LIBRARY CITY OF MAPLEWOOD, MINNESOTA Narrative in Support of Comprehensive Plan Amendment and Planned Unit Development Revision PROPERTY OWNER Legacy holdings -MW, LLC 12100 Singletree Lane Suite 101 Eden Prairie, MN 55344 952 -746 -1200 Attachment T PROPERTY USER Ramsey County/Ramsey County Library Attn: Jolly Mangine Director of Property Management Ramsey County 50 West Kellogg Blvd. St. Paul, MN 55102 HARTFORD GROUP, INC. • 12100 Singletree Lane, Suite 140 -Eden Prairie, MN 55344 -7933 (952) 746 -1200 • Telephone www.hartfordgrp.coni (952) 746 -1201 a Fax 1. THE PROPERTY Prior Review This Property is part of the larger Legacy Village development for which the City Council approved the PUD, comprehensive plan amendment, tax abatement plan and final plat in 2003. Property Location and ,Boundaries The Property is 4.7 acres located in the southeast corner of Legacy Village development, legally described as Lots 1 and 2, Block 4, Legacy Village of Maplewood and bounded on the North by Legacy Parkway on the East by Southlawn Drive, on the West by a public wetland /trail area, and the South by a commercial area outside of the development. Property _ Use an Adjacent Use The Legacy Village PUD approved the property for commercial /restaurant uses. Adjacent uses (existing and planned) include: 1) senior housing immediately to the West of the Property; 2) medical office to the Northwest, 3) medium and high density residential, with commercialtretail to the North, 4) commercial to the East and South. Proposed Use The applications seek the approval of the Property for use by Ramsey County /Ramsey County Library as an approximately 35,000 square foot, single -level regional library with a small commercial component. The intended commercial component would consist of an approximately 1,600 square foot coffee business with drive- through service. II. APPLICATIONS Application Summary Hartford specifically requests the City Council approve the following: 1. A revision of the Legacy Village PUD for the change in the commercial status to allow a regional library; and 2. An amendment to the comprehensive land to allow a regional library. Ramsey County /Ramsey County Library is currently requesting design -build proposals for the construction of the regional library. At this time, they do not have a building design. At a later date, an application will be submitted for site plan approval and building permit authorization. HARTFORD GROUP, INC. • 12100 Singletree Lane, Suite 100 - Eden Prairie, MN 55344 -7933 (952) 746 -1200 • Telephone www.hartfordgrp.com (952) 745 -1201 + Fax III. SUMMARY OF RATIONALE FOR APPROVAL The Ramsey County Regional Library will complement the existing and proposed residential and commercial development in the surrounding Legacy Village project. It will be an integrated amenity with the pedestrian nature of the development and provide convenient access to library patrons in the City of Maplewood, as well as surrounding communities; enhancing use of the surrounding businesses. HARTFORD GROUP, INC. • 12100 Singletree Lane, Suite 140 • Eden Prairie, MN 55344 -7933 (952) 746 -1200 • Telephone www.bartf'ordgrp.com (452) 746 -1201 • Fax W U , FrADD Attachment 2 Proposed Ramsey County Library Site 1 Location & Zoning Map , Attachment 3 LEGACY VILLAGE AT MAPLEWOOD .. ......................- .......... OUTLOT O OUTLOT ct per, I Or w ~ \z eaten } UTL . 6U'ttOT �_. APPROVED PUD DEVELOPMENT - CONCEPT PLAN JULY 14, 2003 11 Attachment 4 P co �QP . i I / EXISTING WETLANDS -- X-L_ PUBLIC PARK WITH TRAILS 10.09 ACRES �L LIBRARY INFORIR TION: BUILDING - 1 FLOOR- 3S.MST. COFFEE RETAIL - 2,400 S.F. SITE - 204,830 S.F. (4.70 ACRES( 214 SURFACE PARKING 50 0 100 --- © COPYRIGHT 2004 HARTFORD GROUP AIE. INC. .9p �► I ME [ COFFEE' \ .2 8 F. SECONDARY \ ENTRANCE I ENTRANCE Project Title: CONCEPT SITE PLAN RAMSEY COUNTY LIBRARY SOUTHLAWN AREA Page No 1/1 LEGACY VILLAGE AT MAPLEWOOD, MN. LIBRARY 35, I A v 1 . ih� iq i q ■ i HARTFORD /E GROUP A INC. Project Title: CONCEPT SITE PLAN RAMSEY COUNTY LIBRARY SOUTHLAWN AREA Project No- MWO1 Data 6 -1 -05 Page No 1/1 LEGACY VILLAGE AT MAPLEWOOD, MN. Architecture - Engineering - Planning 121W Singletree Lane, Eden Pmine, MN 55344 Ph: (952)74& 1200 - Fact: (952)746-1201 R\ 12 Attachment 5 Springsted tTIAAN:MI1111/ A TO: Melinda Coleman, Assistant City Manager/CD Director FROM: Paul T. Steinman DATE: September 12, 2005 Spr ogsted Incorporated 380 Jackson $VW, Suite 300 Saint Paul, MN 55101 -2887 Td: 651.223 -3008 Fax: 651- 223.3002 www.spHngsted.com The purpose of this memo is to review our analysis of the financial impact of the conversion of a parcel in the tax abatement area from taxable to a tax exempt use. Hartford has indicated verbally that they had originally projected the parcel was planned for four restaurant pad sites and that it would create approximately $3M in taxable value. In our latest abatement analysis we used a total taxable value at completion of $162,175,000. A reduction in this value by $31VI, or approximately 1.8 %, will not have a significant impact on the City's projected tax abatement ability related to this project. As you recall, the original projections indicated the City would only abate approximately 50% of the City's share of actual tax revenues generated on the site. Therefore, a small decrease such as is being proposed with a potential reduction in value by $3M, will not have an impact on the abatement. Of some concern is the fact that the actual phase -in of new value is lagging behind projections as follows: Projected 06 taxable value $18M Actual 06 taxable value 14M Deficiency $ 4M Hartford has verbally indicated they had a somewhat slower start than originally anticipated due to complications with the townhome developer, but they expect to still meet projections of new value in future years. If you have any questions please feel free to contact me. Thank you. Public Sector Advisors 13 Attachment 6 APPENDIX D RamseyM IBRAR 1 DESIGN INTENT STATEMENT REGARDING THE NEW RAMSEY COUNTY LIBRARY IN MAPLEWOOD The decision to build a new Ramsey County Library in Maplewood has opened the door to exciting design opportunities. We are looking for a building with warmth and character, with rich vistas inside and out, with soaring spaces and cozy reading nooks. The new location is, in many ways, at the heart of the Maplewood community. We want the library to reflect that, to be inviting, welcoming, and comfortable, with a WOW factor that makes people want to come in, explore through a series of gradually revealed spaces, and linger over a book and a cup of coffee. We see a prominent hearth area, comfortable furniture, and attractive task lighting. The new location creates the opportunity to better integrate the building with its site. The library and the pond area should interact in ways that were not possible on the existing library site. The new design needs to make a graceful transition from the busy commercial atmosphere of Southlawn Drive to the tranquil pond in the Maplewood Sculpture Garden to the west. On the Southlawn side, the library should have a strong, visible, and distinguished presence. From the pond side, the library design needs to engage the Sculpture Garden, with reading porches, large windows, and outdoor seating. We see this transition from active to passive happening inside the building as well, with interior spaces zoned so that noisier activities can be distanced from areas that provide a quiet sanctuary for readers. Balance will be necessary in several ways. We will be looking to meet our technology needs now and in the future, while maintaining a sense of down -bome comfort. The design needs to make the best possible use of available space, fitting in expanded services and an increasing numbers of patrons without seeming to be crowded. The coffee shop should feel like a part of the library while maintaining its own distinctive style and separate mechanical and electrical services. The building should be accessible to drivers and pedestrians alike, with easy drive -up coffee shop and book drop access, while maintaining convenient and safe walking routes. The New Ramsey County Library in Maplexiaod Request jorProposals PRMG 164 14 Appendix D Continued: Design Intent Statement The flow of materials through the building must be efficient, minimizing handling by the staff. Maplewood's business has increased more than 38% over the past three years, and we anticipate it will grow even more in the new building. At the same time, funding for additional staff to handle the flood of materials is unlikely. It will be imperative to use an automated materials handling system to the fullest extent possible in order to minimize repetitive stress injuries and maintain staff morale. The automated materials handling system should be integrated into the building's design, allowing for a streamlined operation, with automated check -in. The new building plan should also allow for additional express checkout machines and ergonomic workstations for staff. Clear sightlines from service desks to all public areas of the building will help us operate with a minimal staff. So will a building layout that is logical and easily - discerned, with clear and ample signage to help patrons navigate on their own. The aforementioned WOW factor is especially important in the children's and teen areas. These spaces should be fun and playful, with touches of humor and whimsy. Both areas will be considerably larger in the new building, and there should be plenty of opportunity for creativity in the interior design, including extensive use of retail -type display features. In the children's area, we have talked about having comfy seating for kids alone and for kids and parents together. The design should showcase an eye - catching element or two, perhaps an aquari um or a mechanical art piece. In the teen area, we envision built -in booths in a relaxed, casual atmosphere. At its heart, the new Maplewood Library design should balance function and delight. It should be a design that creates a hive of activity at the same time it provides a haven of tranquility. The new building should be a place where people of all ages feel welcome. Its architecture should be handsome - it should be a building that the entire Maplewood community takes pride in. The New Ramsey County Library in Maplewood Request for Proposals PRMG 164 15 Attachment 7 wet. Ul1by:8:jWe1. Kai: /e1.[r]:8:1 *16A4111[a]ki WHEREAS, the Hartford Group applied for a change to the City's land use plan from BC (business commercial) to L (library) for the construction of a library for Ramsey County. WHEREAS, this change applies to the property located at the southwest comer of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this change is as follows: On October 3, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve the land use plan change. 2. On October 24, 2005, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above described change for the following reasons: Libraries are desired and beneficial facilities in both residential and commercial areas. 2. The proposed library would not negatively affect the approved tax - abatement financing plan for Legacy Village. The Maplewood City Council approved this resolution on October 24, 2005. 16 Attachment 8 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the Hartford Group applied for a conditional use permit revision to amend the PUD (planned unit development) for Legacy Village for the construction of a proposed Ramsey County library. WHEREAS, this permit applies to the property at the southwest corner of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this conditional use permit is as follows: On October 3, 2005, the planning commission recommended that the city council approve this permit. The planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission considered the recommendations of city staff and the public. 2. The city council reviewed this request on October 24, 2005 and considered the recommendations of the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above - described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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. 17 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. Compliance with the following PUD revisions: 6) Library Oemmercial Site (Outlot D): a. This The ^ nmpr ^'al ^I site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The IibrarV One of the buildings n the comm site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Southlawn Drive right -of- way or as close as practicable c. Allowed signage should only be wall signage or ground - mounted monument signs no more than 12' in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground- mounted and roof - mounted mechanical equipment will be completely screened from eye -level view of adjacent streets and adjacent properties, including the park and trail around the ponding area to the west; g. The narking lot on this s must prov through connect a nd c ross parking easem with the p to the so (O t h. There must be sidewalks connecting entries to all buildings on site tt^ Legacy Parkway, Southlawn Drive and the path 18 around the pond to the west. and to 0- rrlor + ' ^+ E E. SucT c'rl -walks must be se from the narking Int— at n rb level, not parking l ot level; The developer must enter into a development agreement with the city to dedicate a trail along the south side of the property to connect the existing park trail to a future sidewalk along Southlawn Drive. The developer must construct these trails and sidewalks, and any others deemed necessary by the city engineer. i. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; L Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30' -40' on center. k. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 19 2. The developer shall comply with the requirements of the city's wetland - protection ordinance. 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the Iibrary or000sal. The Maplewood City Council approved this resolution on October 24, 2005 20 - I We ll ;. 2. The developer shall comply with the requirements of the city's wetland - protection ordinance. 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5. The city council shall review this permit in one year. 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the Iibrary or000sal. The Maplewood City Council approved this resolution on October 24, 2005 20 Planning Commission -2- Minutes of 10 -03 -05 Commissioner Dierich seconded. Ayes — Desai, Dierich, Fischer, Kaczrowski, Trippler, Yarwood Abstentions — Grover. Pearson The motion passed. Commissioner Trippler said because he has asked this question before he would like staff to get an answer to his question regarding how many parking spaces were approved for Best Buy and were the parking spaces approved at 9 feet wide or 9% feet wide? 1TM111411111[am:1 *11NI.[L3 a. Ramsey County Public Library (3025 Southlawn Drive) (7:03 -7:30 p.m.) Mr. Roberts said Mr. Frank Janes, of the Hartford Group, has submitted applications for the relocation of the Ramsey County Library to Legacy Village. Ramsey County has outgrown the current library building on Beam Avenue and would like to build a new facility at the southwest corner of Southlawn Drive and Legacy Parkway in the Legacy Village PUD (planned unit development). The proposed library would be approximately 35,000 square feet on this 4.7 -acre site. The county is also proposing to put in a coffee shop with a drive -up window as part of the usual library operations. (The submitted site plan is conceptual at this time. Ramsey County will make application for architectural and site plan approval later.) Commissioner Trippler asked if the city would receive any tax dollars if this proposal is passed by the city council? Mr. Roberts said this property would come off the city's tax roll. That issue is outlined on page 2 of the staff report in the tax abatement analysis by Mr. Steinman, the financial advisorfor the city. Mr. Steinman stated that the construction of the new library (a tax - exempt use) would not have a significant impact on the city's projected tax abatement ability related to Legacy Village. The loss of taxable land value would be $3 million. This is only 1.9 percent of the projected total taxable overall value of $162,175,000. Therefore, a small decrease such as this being proposed with a potential reduction in value by $3 million will not have an impact on the abatement. The positive thing is Ramsey County would try to sell the existing library building on Beam Ave., and if the property is purchased by a private owner, it would go back on the tax rolls. Commissioner Trippler asked if he understood the analysis correctly, he asked if the financial consultant considered just the taxable value of the property or did he consider the taxes that would have been generated by the two restaurants and the retail building that were planned for that area? Ms. Coleman said it is her understanding that Mr. Steinman made his analysis based on the taxable value of what it would have been versus the completion with the building value that will be there. The overriding development agreement has some assessments that Hartford Group will pay for that would help contribute to the tax abatement plan and road and other improvements that will occur in this area. Planning Commission -3- Minutes of 10 -03 -05 Ms. Coleman said each lot in the Legacy Development had an assessment tied to it that will be paid which will help pay the cost of the overall improvements for the project. In a sense the city is collecting some of the costs that the city would have gotten over the years of taxable property taxes. Commissioner Trippler said if the development went on as projected for two restaurants and a retail building there would have been taxable income that the city would have gotten. There also would have been employees paying taxes and some of those employees may even be residents in Maplewood which would be tax money generated as opposed to the library that would not. Ms. Coleman said correct, but as Mr. Steinman stated in the staff report, that is only 1.9 percent of the projected total taxable value overall. This is a policy issue for the city council to decide as to whether or not they want to take this parcel off the tax roll or not. If the existing library is sold and the building goes back on the tax roll that may make it more palatable for the city council. The city feels when they did the tax abatement plan the estimates were very conservative and there should be room for this proposal to happen. If the financial advisors did not think so they would have told the city right away. Commissioner Trippler said regarding the drive -up window for the coffee shop, as he understands the zoning for the current library location, a drive -up window would not be allowed because of the zoning. If the city didn't want a drive -up window on the south side of Beam Avenue (as the planning commission saw with the Dairy Queen proposal for a drive -up window) does the city want to see a drive -up window on the north side of Beam Avenue where this will be a high residential area. Mr. Roberts said the zoning on the south side of Beam Avenue is all BC(M) (business commercial modified) which would not allow a drive -up window. The theory behind that is there is residential property immediately abutting those properties to the south of Beam Avenue especially near Southlawn Drive. The difference between that area and the new proposal is there is a sculpture garden on one side of this parcel and Ashley Furniture to the north. The nearest residential property is across the trail and ponding area. Yes there is a lot of residential building in Legacy Village but not right next to the library site which could have occurred along the south side of Beam Avenue. The way the current library site was configured the library could not make any revisions to the site which is why the planning commission is looking at this new proposed site for the library. Commissioner Dierich said she was considering the issue of the drive -up window and coffee shop as well. She asked how this could occur on a library site compared to a business commercial site? She asked if the profits from the coffee shop would go to the library? Would taxes be paid on the coffee shop portion of the building? Mr. Roberts said he would let the library representatives answer the financial questions along with the use of the property. The coffee shop is an accessory use for 2,500 square feet versus 35,000 square feet for the whole library building. Some could argue that this coffee shop could be an attractive feature to the library. As an example, look at the Roseville Library site with the coffee shop that was added to their library. Chairperson Fischer asked the applicant to address the commission. Planning Commission -4- Minutes of 10 -03 -05 Ms. Susan Nemitz, Director of the Ramsey County Library, addressed the commission. Ms. Nemitz gave the recording secretary a handout from Sandy Welsh, the Manager of the Ramsey County Library in Maplewood, to distribute to the planning commission regarding how they would like to see the Ramsey County Library site. Ms. Nemitz said the Roseville Library coffee shop pays property taxes and the operational revenue from the coffee shop goes to support the Roseville Library. This has been a positive partnership and since opening the coffee shop it has raised the library circulation 10% just in the first year of opening the coffee shop. Commissioner Yarwood asked who runs the coffee shop? Ms. Nemitz said the Roseville Library coffee shop is run by Dunn Bros. and they have been a wonderful partner. The Ramsey County Library may go to an RFP process for the Maplewood site to create an equal playing field. Commissioner Desai asked how large the current Ramsey County Library site is versus what is being proposed at the new library site? Ms. Nemitz said the current Ramsey County Library site is 22,000 square feet. The Department of Public Health is renting some of the property in the basement. One thing they discovered over the last 15 years, especially with technology, is that it is very expensive to run a two -story library. They propose to create a single- story, 34,000- square -foot library on the proposed site in Maplewood. Commissioner Trippler asked how the drive -up window for the coffee shop would operate. Chili's and Outback Restaurants have drive -up service where customers call ahead and the restaurants bring the food out to the customers. He asked if that type of thing would work for the coffee shop? Ms. Nemitz said they are willing to look at anything. While working with the exploration process for Dunn Bros. at the Roseville Library site they worked with commercial real estate agents and they in turn were talking with coffee vendors, and the coffee vendors said they could substantially increase their revenue with a drive -thru window. The purpose of creating a drive -thru window for the coffee shop was to create a profitable venture for a private partner and for the library as well. Commissioner Trippler asked if it would be possible for the employees of the coffee shop to bring the coffee out as opposed to using microphones or would that be too confusing? Ms. Nemitz said they are happy to explore anything but she suspects a consequence of a decision like that would be a lower rent rate. They are interested in maintaining the integrity of the wetland and they think the library will enhance the quality of the park and the sculpture garden. They think this could be an extraordinary library for the citizens of Maplewood and for the surrounding cities. The handout discusses how this new proposal could be different from the Beam Avenue site. The Beam Avenue site is also on a wetland. Unfortunately at the time the library was built 15 years ago, the building was built backed up to the wetland rather than facing the wetland, and they don't want to make that mistake again. Their hope is to integrate the new library with the park and the sculpture garden and vice versa. They are establishing contacts with the city so they can work with the Parks and Recreation Director to make this an extraordinary facility. She thanked the planning commission for their time and consideration. Planning Commission -5- Minutes of 10 -03 -05 Chairperson Fischer asked if anybody else in the audience wanted to address the commission. Nobody came forward. Chairperson Fischer closed the public hearing portion of the meeting. Commissioner Yarwood said he has issues with the coffee shop being run by a separate entity. Other than that it seems like the library is the ideal building to go on this site. It's a good use of the land and it fits well in the overall intention of the site combining the library with the local park. He thinks this is a better use of the land than the original proposed commercial use with two restaurants and a retail building. He hoped the rest of the planning commission felt the same way. Ms. Coleman said from a staff prospective she would echo Commissioner Yarwood's comments. The library is trying to be very creative and aggressive in trying to find a public /private partnership with the city and contributing to the Legacy Village development which will bring other people in from other communities. Having a coffee shop is a creative way to bring in funds in hard economic times. The city is always looking for this type of opportunity for additional revenue to be brought in so she thinks this is a positive thing. If the city can collect additional property taxes on the coffee shop portion, then that is a positive thing as well. A coffee shop will definitely draw people to the library. She recently went to the Roseville Library and waited in line 10 minutes for a cup of coffee because there were so many customers. She got her coffee and enjoyed her time at the library with a good book. Ultimately the city council makes the final decision but as a staff person she sees this is a very creative way to help supplement the funding issues that we have in government today. Commissioner Trippler said the location for the proposed library is marvelous, they would have a built in audience with all the building in the area and certainly this proposed parcel is a nicer location than the current location. As a taxpayer in the city he doesn't like the idea that government builds a building and 15 years later decides they need a new building. He wishes the county would have more foresight and think ahead more. He likes the idea of a coffee shop but he isn't sure about the microphone system with the drive -up window. He wants to make sure the library will be considerate of the people who will be living in the area and the problems that drive -ups can cause. Commissioner Dierich said this is a great idea and a great use of the land. She loves the fact that this is where "the people" live. The current library site is difficult to get to. As a person visiting the park she wouldn't like to listen to the loud speaker and she would hope they consider that when putting together the plan for the drive -thru window. Commissioner Pearson said this is an ideal situation and an ideal spot for this proposal and he is in full support of the plan. Planning Commission -6- Minutes of 10 -03 -05 Commissioner Pearson moved to adopt the resolution approving a comprehensive land use plan amendment from BC (business commercial) to L (library) for the proposed Ramsey County Library to locate at Legacy Village. Approval is based on the following reasons: 1. Libraries are desired and beneficial facilities in both residential and commercial areas. 2. The proposed library would not negatively affect the approved tax - abatement financing plan for Legacy Village. Commissioner Pearson moved to adopt the resolution approving a PUD (planned unit development) revision for Legacy Village to allow the proposed Ramsey County Library. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1. Compliance with the following PUD revisions: 6) Library r ^�.,,mPrP, °r^ °l Site (Outlot D): a. This The �^;mPrr,mPr °I site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The library One of t he b u il d i ng s on t he commerci site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Southlawn Drive right -of -way or as close as practicable c. Allowed signage should only be wall signage or ground- mounted monument signs no more than 12' in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground- mounted and roof - mounted mechanical equipment will be completely screened from eye level of adjacent streets and adjacent properties, including the park and trail around the ponding area to the west; Planning Commission -7- Minutes of 10 -03 -05 h. There must be sidewalks connecting en -tries to a bu on site to Legacy Parkway, Southlawn Drive and the path around the pond to the west, and to Oa +iz, t F S-rh sid wRiks must be s from the pa rki ng l a t, r b levee not parkin l ot I°I The developer must enter into a development agreement with the city to dedicate a trail along the south side of the property to connect the existing park trail to a future sidewalk along Southlawn Drive. The developer must construct these trails and sidewalks, and any others deemed necessary by the city engineer. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30'— 40' on center. k. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. Planning Commission -8- Minutes of 10 -03 -05 moll ■ 2. The developer shall comply with the requirements of the city's wetland - protection ordinance 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year 5. The city council shall review this permit in one year 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the library proposal Commissioner Yarwood seconded. Ayes — Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item will go to the city council on October 24, 2005. b. Maple Ridge Leaf Business Center (2483 and 2497 Maplewood Drive) Mr. Roberts reported the applicant for the proposed Maple Leaf Ridge Business Center has requested a postponement of their public hearing and review by the planning commission. They are redesigning the site as a three - building project instead of the four - building layout shown on the current plans. This will increase the proposed setback from the westerly lot line and improve the grading and drainage plan. This item will be rescheduled for a public hearing for October 17, 2005. Staff mailed notices to the neighbors to inform them of this change. VI. NEW BUSINESS I0ei2:>A Agenda Item K2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: No- parking Zones PROJECT: Twin Cities Hmong Alliance Church LOCATION: 1234 County Road B DATE: October 13, 2005 INTRODUCTION Project Description Maplewood city staff, including the Public Works Director and the Fire Chief, is proposing that the city council approve plans for additional no- parking zones on several streets. Staff is suggesting these no- parking zones for the area near the Twin Cities Hmong Alliance Church at 1234 County Road B. (Please see the location and address maps on pages six and seven.) City staff is proposing these parking restrictions in response to a complaint from a neighbor of the church. This neighbor was concerned about the narrow and crowded conditions on the streets during church services — especially in the winter. Request Details Specifically, staff is proposing that the city limit parking to one side of several of the streets near the church from 6 AM to 2 PM on Sundays. City staff is recommending these parking limits to help ensure that all vehicles (including emergency vehicles) have enough room to maneuver and pass each other on the streets, especially during the winter months. BACKGROUND According to city building permit records, construction of the church started in 1958 and the contractor finished the church in 1959. Since then, the church has received permits from the city for repairs to the property, including adding a new roof to the structure. The church is "grandfathered -in" as a land use as it was built before the city required conditional use permits for places of worship. If the church leadership wanted to expand or significantly change their site, the city would then require the review and approval of a conditional use permit to bring the property into conformance with the current city zoning code standards. DISCUSSION The existing parking lot has room for about 30 vehicles but apparently is not large enough to handle the current parking needs of the church. There is room for the church to expand the parking lot toward the south. The city would require the church to prepare detailed grading, drainage and construction plans for such an expansion and it also would need several approvals from the city. Both the Fire Chief and the Public Works Director support the proposed parking restrictions. They are for this idea as a way to help ensure there is enough room for vehicles to maneuver on the streets in the area of the church. Neighborhood Comments Staff surveyed the 81 property owners that are nearest the church about the proposed parking restrictions. We received 15 responses — nine were for the proposed parking restrictions, two were against the proposal and four others offered general comments or no comments. (See the comments and responses on pages three and four and the e-mail on page eight.) N x9IS]LVihVi14 0 I IQ 0l Approve no- parking zones from 6 AM to 2 PM on Sundays (with the installation of the necessary signage) for the following streets near the Hmong Alliance Church at 1234 County Road B (as shown on the map on page seven): 1. East side of Atlantic Street, from Lark Avenue to Junction Avenue. 2. Both sides of County Road B, from Duluth Street to one hundred feet east of Atlantic Street. 3. Both sides of Leland Road, 100 feet west and 100 feet east of Atlantic Street. CITIZENS' COMMENTS City staff surveyed the owners and occupants of the 81 properties nearest the church. Of the 15 replies, nine were for the proposed parking restrictions, two objected and four had comments or other concerns. For We have no problem with this Oust do not block driveways). Have some concern about walking. Our street is busy and narrow with no sidewalks. Snow will pile up from the plows and walking in the street is not a good idea. Walking on the lawns is not a good idea either. (Omath — 1270 Lark Avenue) 2. 1 would like to see no parking on Atlantic (either side) from County Road B to Highway 36. Also, have no parking on either side of County Road B from Duluth Street to English Street. The church should have a larger parking lot to accommodate most of their parishioners. (Yoch — 1216 Lark Avenue) 3. The Sunday parking on Leland Road and on Atlantic Street is a problem in the winter time. There is barely room for an automobile to pass through, let alone a fire engine in an emergency. One side parking makes sense. (Smith — 1200 Leland Road) 4. Seems OK to me — would like to see the kids not playing on the County Road B street corners. (Huss — 1206 Leland Road) 5. The church also has functions on Wednesday evenings. It is very difficult to exit my driveway, as cars park directly across the street, and on both sides of my driveway right up to the entrance. Adults as well as children walk in the middle of the street. One vehicle can use the street and the on coming one has to wait at the intersection to allow the car to pass through. It is much worse in the winter as snow banks make it more difficult for persons to exit their cars and emergency vehicles have a hard time getting through. (Markle — 1247 Leland Road) 6. Sometimes on Sunday mornings I drive in the area of the church. At that time it would be easier to get through if parking were restricted as proposed to one side of the street. (Olsen — 1190 Leland Road) All I want is to be able to back out of my driveway on Sunday or to be able to back up my driveway. (Hartzell — 1246 County Road B) 8. Good idea — put signs up also. (Otto — 1252 County Road B) 9. The plan as proposed seems like an improvement and is fine. (Connelly — 1193 County Road B) Opposed If the church needs more parking, they should take it up with the local residents and leave the government out of it. The city should not discriminate against the local homeowners who need the parking space for out -of -town company, as I do. (Dobihlal — 1276 Lark Avenue) 2. 1 disagree with your proposal because: a. All this will do is move the congestion to Leland Road. People and little kids will have to walk in the street, around parked cars, to get to the church as there are no sidewalks. b. The Sunday no- parking zone will not help on Saturday events at the church (or Friday or Tuesday). c. There should be a marked cross walk on County Road B at Atlantic Street. d. Perhaps the church could enlarge their parking lot. (Brummond — 1233 Leland Road) Comments /Concerns /Questions 1. Parking is not the only problem. Children are loaded into cars, vans and they do not practice the child restraint law. My feeling is maybe they need to be informed or ticketed. 2. No problem with the proposal. (Behnke — 1187 Leland Road) 3. No comment — this does not concern us. (Goodwin — 1174 County Road B) 4. Please see the e-mail from Peggy Lewis of 1221 Lealand Road on page eight. 4 REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.6 acres Existing land use: Existing church building and parking lot SURROUNDING LAND USES North: Single dwellings across County Road B South: Single dwellings and Leland Road West: Single dwellings East: Single dwellings across Atlantic Street PLANNING Zoning: R -1 (Single dwellings) ORDINANCE REQUIREMENTS Section 44 -1092 (3) of the city code requires a CUP for churches or places of worship 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. p:sec9/1234 County Road B — church no parking (2005) Attachments: 1. Location Map 2. Address Map 3. E -mail dated 9 -25 -05 from Peggy Lewis of 1221 Lealand Road. 5 Attachment 1 — I r -- L --- L--LL— I i ,, 1111 ■ ®GENE Location Map 1234 Count Road B East H Site iIiII Ir I I I I Ii i i i.'r E..RNiJ P.0 ,33 Attachment 2 LO I jL 22 �(�O ! L- r'� CN (N ON 1,ARKNVE Lj ,I- 04 0 Site I 21 ir CD 2242 LO I jL 22 �(�O ! L- r'� CN (N ON 1,ARKNVE COUNTY RG IN ,I- 04 0 Site I 21 ir CD 2242 I �Yi 10 N C,4 N 21 in Cl) L U7 P Fl Cq (N COUNTY RG IN ,I- 04 0 Site I 21 ir CD 2242 I �Yi 10 N C,4 N 21 in Cl) COUNTY RG V, AI, Tim ber r 2 1 3 Address Map 1234 County Road B East Proposed No Parking Zones 21 ,I- LFZ=NRL 21 Site 21 ir CD I �Yi 10 N C,4 V, AI, Tim ber r 2 1 3 Address Map 1234 County Road B East Proposed No Parking Zones 21 LFZ=NRL 21 21 cli LO_ CD 111�2111 10 N C,4 N 21 Fl LO LO 171 2 f L Cq - N N I lL IONAVEE V, AI, Tim ber r 2 1 3 Address Map 1234 County Road B East Proposed No Parking Zones 21 21 2 1 1 21 E2 11 21 21 N N 21 21 2 1 1 21 E2 Ken Roberts Attachment 3 From: Peggy [peggyalewis @yahoo.com] Sent: Sunday, September 25, 2005 6:30 PM To: Ken Roberts Subject: Neighborhood Survey: Hmong Alliance Church Kenneth Roberts - Planner We live at 1221 Lealand, directly behind the church (yard). Thus far we have not had any problems with the parking. There is rarely anyone parked right in front of our house as it stands now, although I know it gets very congested down on the corner. Last year and the year before the children from the parish, while playing in the church yard after services, were climbing on our fence and retaining wall, sticking things into cracks in the retaining wall, walking along the wall and dragging sticks against the fence, and throwing trash, pop cans, etc., over the fence into our back yard. After asking the children several times to stop with no effect, my husband went over and spoke with the pastor, and asked him to make sure the children were well supervised out there. The pastor was very apologetic and things have improved greatly since then. Peggy Lewis 1221 Lealand Road Maplewood, MN 55109 651 982 -0270 Yahoo! Mail - PC Magazine Editors' Choice 2005 http: / /mail.yahoo.com M Agenda Item K3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Metro Transit Park and Ride Facility — City Project 06 -32 — Resolution Requesting Traffic Study at County Road B /Rice Street and Improvements to Rice Street /TH 36 Bridge DATE: October 18, 2005 INTRODUCTION Metro Transit is proposing to construct a park and ride facility at the northeast corner of Rice Street and County Road B. While this property is not within Maplewood, the impacts of traffic to this site will likely have significant negative impacts to the area. A resolution of the Council is proposed requesting a traffic study prior to any site improvements by Metro Transit and a petition to the state requesting improvements to the Rice Street bridge over TH 36 is recommended. Background Metro Transit recently proposed a plan for construction of a Park and Ride facility and is proposing to begin construction in early 2006. The plan calls for over 400 cars to be parked to access buses going to both downtown Minneapolis and St. Paul. During peak usage, the majority of vehicles will need to exit westbound on County Road B and turn onto Rice Street. This intersection is already severely congested. Contributing to the problem at the intersection is that the Rice Street bridge over TH 36 is obsolete. Cub Foods in Maplewood along with Joe's Sporting Goods and St. Jude Medical generate significant traffic. A park and ride would likely impact the ability of these and other businesses to expand. Dan Soler, Ramsey County Traffic Engineer, acknowledged these problems. Mr. Soler, Joel Hansen, City Administrator of Little Canada, and Deb Bloom, Roseville City Engineer, all acknowledge that they have not seen detail plans and expressed concerns that Metro Transit is proposing to proceed to construction without site plan approvals or local reviews. Mr. Soler has noted that replacement of the Rice Street Bridge over TH 36 is not likely to occur within the next 10 years due to the shortage of transportation funding in Minnesota. He further indicated that some mitigation measures may be possible, but will be less than ideal. Additional factors with the Metro Transit plan is that MnDOT is proposing an expansion to TH 36 to add an additional lane in each direction in their 10 -year plan (from 4 -lane to 6- lane). Proposed Action The recommended approach is two fold. First, staff recommends the adoption of the attached resolution requesting that Metro Transit perform a thorough traffic study of this area prior to initiating any planned improvements for that intersection or the site approvals. Our Comprehensive Plan calls for a policy of being a strong advocate for transit improvements, and a park and ride facility is needed within this area. It just needs to be properly planned and considerate of local transportation issues. The second approach is to appeal to our local legislators for assistance in expediting construction of the Rice Street Bridge over TH 36. The lack of transportation funding (I have previously called it a crisis) in Minnesota continues to push needed projects further and further into the future while traffic congestion increases exponentially. We will place the Rice Street Bridge into the category of needed MnDOT Agenda Item K3 improvements in our area along with 1- 694/White Bear Avenue; 1 -94 /McKnight; 1- 694/TH 61; TH 36 /English Street; 1 -94 /Century Avenue; TH 36 /TH 61; TH 61 /Beam Avenue and TH 61 /County Road C. N xK1LVihVi14 L ULN I IQ L l It is recommended that the city council adopt the attached resolution requesting a traffic study by Metro Transit at the Rice Street/County Road B intersection prior to site approvals for the Park and Ride Facility at this intersection and a petition to our local legislative leaders to expedite the improvements to the Rice Street Bridge over TH 36. Attachment: 1. Resolution Agenda Item K3 RESOLUTION REQUESTING TRAFFIC STUDY AND INTERCHANGE IMPROVEMENTS COUNTY ROAD B /RICE STREET /TH 36 WHEREAS, traffic flow at the intersection of County Road B and Rice Street is impeded by the configuration of the Rice Street Bridge over Highway 36 and the number of intersections in close proximity to the bridge, and WHEREAS, business in this area including St. Jude Medical, Inc., Joe's Sporting Goods, and Cub Foods generate substantial traffic flows on County Road B, and WHEREAS, most traffic utilizing the aforementioned businesses are impacted by the impediments at Rice and County Road B, and WHEREAS, Metro Transit is contemplating the creation of a park and ride lot on the Northeast corner of the intersection of County Road B and Rice Street, and WHEREAS, the park and ride lot will accommodate over 400 vehicles in addition to the bus traffic that will serve this site, and WHEREAS, the vast majority of these vehicles will further exacerbate the existing problems at the County Road B and Rice Street intersection, and WHEREAS, it is believed that further conflicts at the County Road B and Rice Street intersection will have negative impacts on existing businesses in this area, and WHEREAS, the business community in this area is valuable to Maplewood, Ramsey County, and the State of Minnesota due to its creation of quality jobs and the importance of the products it produces, and WHEREAS, future expansion of these businesses will be jeopardized if employees and customers are negatively impacted by poor traffic flow at the intersection of County Road B and Rice Street, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood that: 1. Metro Transit conduct a traffic study on the intersection of County Road B and Rice Street that documents existing traffic impediments, measures the impact of the proposed park and ride lot, and factors in any growth of existing business whose traffic flow utilizes this intersection prior to any consideration of the project by the Maplewood City Council or the award of any contracts by Metro Transit. 2. The Maplewood City Council, Metro Transit, the area businesses, our local senators and representatives and Ramsey County hereby petition the Minnesota Department of Transportation and Governor Pawlenty for funding to reconstruct the Rice Street Bridge over Highway 36 as soon Agenda Item K3 as possible to resolve the existing traffic problems at the intersection of County Road B and Rice Street to enable the construction of a new park and ride lot to serve the area's transit needs as well as making it feasible for existing properties and businesses to continue expanding in Maplewood and Little Canada. Adopted this 24 u ' day of October, 2005 Agenda Item K4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Public Works Building Expansion — City Project 03 -19 — Approve Proposal Request ASI No. 8 and Authorize Budget Transfer DATE: October 18, 2005 INTRODUCTION Requests from the contractor for additions to their contract for the construction of the Public Works Building Expansion are called Proposal Requests. The Public Works staff needs to upgrade and replace 3 doors to provide better control and long term maintenance. This upgrade is needed to provide consistent types of doors with the existing building. Approval is recommended. Background The garage doors for the expansion project on the Public Works Building are specified in the original bid package as sectional doors. The other doors within the existing building are overhead rolling steel doors. The rolling steel doors are a longer lasting and more heavy duty door. An upgrade to provide consistent doors will provide a long- lasting and easier to maintain system, saving long -term funds for maintenance. The upgrade for these 3 doors is $8,857.00. A second quote was received for $15,018.00, which was rejected. Budget Impact This was not a budgeted item. It is proposed to transfer $8,857.00 from the Fleet Management Fund. This fund provides for the long -term maintenance of equipment and vehicles, along with the maintenance of the Public Works Building. Approval to transfer $8,857 from the Fleet Management Fund to the Public Works Building Expansion Fund is requested. RECOMMENDATION It is recommended that the city council approve the Proposal Request No. 8 from Jorgenson Construction, Inc. for the Public Works Building Expansion in the amount of $8,857.00 and authorize the Finance Director to transfer the same amount from the Fleet Management Fund to the Public Works Building Expansion Fund. Attachment: 1. Proposal Request No. 8 , t -05 -05 12 :48P OERTEL ARCHITECTS 651 696 5188 P. 02 Iu /o5 22:26 rAX 7637641663 JOR1'1FN50N CONSTRUCTION 1;WI /003 9255 za st River Road N,W. Coon Rapids, MN $5433 -3722 763. 7114 -3877 FAX 743 -784 -1583 www. JOtwensoncoastroctio».eom PROPOSAL REQ(JESTNO. 8 DATE: OCTOBER 5, 2005 TO! OERTFL APcHmCTS, LTD. ATTN; THOMAS STROMSODT — PROJECTARCHrTECf FAX #: (651) 696 -5188 RE: G'177 op MAPLEWOOD — Posuc Wows EXPANSION COMMENTS; THOMAS, ENCIOSE) 35 A BREAKDOWN OF COSTS ASSOCIATED WITH PROPOSAL REQUEST ASI No. 8 TO PROVIDE (3) OVERHEAD DOOR ROLLING SIEEL DOORS (TO MATCH EKIMO NG) IN LIFU OF SECTIONAL DOORS. CRAWFORD DOOR SALES CO- $ 13,65100 JcI 10% COMMISSION _ }Q TOTAL ADD FOR PR ND. 8 JIUUM OPTION: PROVIDE COOKSON DOORS IN LIEU OF OVERHEAD DOORS, CRAWFORD DOOR SALES CO. $ 8,OS2.00 Jo 10 /0 COMMISSION 805,00 TOTAL ADD FOR 0MON SANZ-0 PLEASE REVIEW AND PROVIDE DIRECTION IN WRITING BY f R RIDAY. OGTotER 7, 2005 IF WE ARE TO PROCEED WITH THE ABOVE MENTION ITEMS, THE SECTIITVAL DOORS HAVE HFFN PUT ON HOLD UNTIL WE RECEIVE DIRECTION. THERE IS A (4) WEEK LEAD TIME MR THE COILING DOOR;. FROM: ;J'7LFVCN M. 6A)V$NgF PR03 Cf MANAGER CG: THERE ARE _(3)_ PAGE(S) INCLUDING THIS PAGE, PLEASE CALL IP YOU DO NOT RECeIVE ALL OF THE PAGES, AN FQ4IAL d , ) , oju UWtY J:AOPLOYFR JORGENSON co"S "LICTIoll INC. Agenda Item K5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Melinda Coleman, Director of Comm Development /Asst. City Manager David Fisher, Building Official SUBJECT: Staff Changes for Building Inspections — Approve Addition of Two Positions (Apprentice Building Inspector and Civil Engineer 1) and Authorize Budget Revisions for 2006/2006 DATE: October 17, 2005 INTRODUCTION In 2005, the city is experiencing a record year in terms of the number of inspections, total valuation of construction, plan check fees and revenue collected from building permits. The city is estimating this large volume of work to continue in 2006 and 2007 with the Legacy Village development, the Gladstone redevelopment, the Trout Land development and the Carver Crossing development (Schlomka property). The size of building projects, as well as the number of inspections, has steadily increased since 2004. This has increased the amount of staff time spent on plan reviews and for field questions. The development of new town homes, residential remodels and commercial projects are such that staff believes the city will have need for an additional full -time building inspector before the end of 2005. Similar impacts have been identified within the engineering division; as an inspector is required on most permits to insure compliance with engineering conditions and to monitor right of way /utility impacts. To continue handling the increased number of inspections and the related challenges, staff is proposing to add at least one more building inspector and one entry-level engineer for the next two years. Specifically, staff proposes to add an apprentice building inspector position within the Community Development Department and a Civil Engineer I position within the Public Works Department for two years (at least through the end of 2007) to enable the city to maintain its quality of building inspections and services. Background Currently, the city employs an intern building inspector who has been trained to inspect many aspects of residential construction and to do residential building plan check review. The building inspector intern is only allowed to be employed by the city for 6 months due to union contract. The building inspector internship ended on October 14, 2005 and the position was required to change to part -time casual with the hours cut to a maximum of 14 hours per week per the city policy. The engineering division within the Public Works Department provides support to the building inspectors. The current budget provides for 0.95 of a full -time senior engineering technician for this support. In the past two -years this position has been supplemented by full -time engineers due to the extensive nature and complexity of the developments. These engineers normally provide design service for public improvement projects. Due to their assignment to permit review and inspection, their time is supplemented by consultants and are not billable to projects, causing a shortage in engineering review to the General Fund. That loss in revenue is estimated to exceed $55,000 in 2006 without the addition of the proposed Civil Engineer I position. Agenda Item K5 Budget Impact As of October 12, 2005, the total revenue for building permits, mechanical permits, plumbing permits, electrical permits and plan check fees were $1,305,900 compared to $1,017,352 revenue for permits and plan check fees for the fiscal year of 2004. The revenue for engineering inspections through September 30, 2005 is $757,821 compared to $719,733 in 2004. Both revenue numbers indicate that staff is performing more inspections and project - related assignments. While the revenue numbers are encouraging, the number of staff hours has not increased, and the result is a reduction in service provided to the community. The 2005 projected cost of hiring an additional apprentice building inspector will be $6,830 (including benefits). The 2006 projected cost for the apprentice building inspector will be about $55,360 (including benefits per year and $3,480 for vehicle maintenance). The 2005 projected cost of hiring an additional Civil Engineer I is estimated to be $8,030 (including benefits). It is proposed that the position be split on a 75% to engineering inspections (general fund) and 25% to erosion control /environmental analysis (environmental utility) basis. Thus, the general fund impact of this addition in 2005 will be $6,025, which is available in 2005 in the existing engineering division budget due to vacancies in various positions through the year. The 2005 budget for the environmental utility had a surplus due to the increase in fees and reduced time allotment due to a shortage of personnel in Public Works maintenance staff, so no adjustment is needed in the Environmental Utility fund for 2005. The 2006 projected net cost to the general fund for this position is $21,665 and $17,400 to the environmental utility fund. These additions will be added to the final budget discussion with the council on November 17 Adding these positions will enable staff to maintain a high level of inspection services and timely plan reviews. Making the community development position an apprentice building inspector enables the city to review the need for the position after each apprentice leaves the city. The apprentice building inspector position would be preferable to using a contract inspector because the city would have more control and the apprentice building inspector position would cost less. The Civil Engineer I position will allow the Assistant City Engineer and the Civil Engineer 11 positions to provide the required support for the extensive number of project improvements expected throughout the city in 2006 -2007. Without the addition of the Civil Engineer I position, an adjustment to the 2006 revenue estimate for engineering fees will be necessary. That adjustment is estimated at $55,000. The engineering division is typically self - supporting (prior to consideration of indirect support costs). In 2005, this program is budgeted to provide positive funding to the general fund of $275,780. We anticipate achieving that budgeted number in 2005. The engineering division is budgeted to generate $1,002,000 in revenue in 2006 with expenditures of $766,940, or a positive impact to the general fund of $235,060. Without this position, this positive impact would be reduced to $180,060. While both positions are expenses to the City, both are required to maintain service and maintain the positive impacts of building inspection services and engineering services on the general fund. RECOMMENDATIONS It is recommended that the City Council approve the following actions: A. Approve the addition of a full -time apprentice building inspector position as a two -year position as of November 14, 2005. The city will review the need for this position based on the volume of work (quantity of inspections) and the supporting revenue at the end of 2006 and 2007 and after each apprentice building inspector leaves the city. Agenda Item K5 B. Approve the addition of a second full -time Civil Engineer I position as a two -year position as of November 14, 2005. This position will be budgeted 75% to the engineering division (general fund) and 25% to the environmental utility fund. The position will be reviewed with building inspection and engineering revenue numbers at the end of 2006 and again at the end of 2007 to insure a positive budget impact occurs. C. Approve the following budget changes for these positions: 1. Transfer $6,830 from the 2005 General Fund Contingency Reserve into the Building Inspections program budget to cover the cost of this position for the remainder of 2005. 2. Add $55,360 to the Building Inspections program budget for 2006. ($51,880 is needed for the position and $3,480 to maintain an additional vehicle). 3. Add $21,665 to the Engineering program budget for 2006. 4. Add $17,400 to the Storm Sewer program (Environmental Utility) budget for 2006. Agenda Report To: Mayor and City Council From: Richard Fursman Date: October 24, 2005 Re: Strategic Team Development Introduction: The Maplewood City Council is requested to approve spending from the contingency fund for a strategic team development process. The proposed process will be conducted by Magellan Executive Resources, Inc., over a 2 -3 month time period. Background: The management team (city manager and department heads) has the responsibility to form strategy and work efficiently and effectively together to implement City/ council goals. To accomplish this it is highly recommended by professionals that organizations strategically align themselves periodically. We have recently spent a'lot of time on operational effectiveness, but need more time to examine our strategy. Operational effectiveness and strategy are both essential for superior performance (Michael Porter, 1996). This is especially true during this time of dramatic and constant change. Peter Drucker claims that "...every organization has to build the management of change into its very structure" (1992). I think it is important to have outside professionals assist with the team building and strategy formation efforts. It is more revealing and effective to have a neutral party facilitating the process. I have had several interviews with three individuals from Magellan Executive Resources about the work I would like to do with the management team. The following objectives have been identified: 1. Determine the exact nature and extent of the City's highest priority needs. 2. Define project process and outcomes. 3. Identify factors that may facilitate and /or impede project success. October 19, 2005 4. Implement the team development process that supports strategy and the purpose for a cohesive, high performing team. 5. Conduct follow -up goal attainment monitoring activities. Manager Recommendation: Approve the transfer of $6,900 from the contingency fund to the executive department for the purposed strategic team development function. References: Drucker, P. E. (1992). The now society of organizations. Harvard Business Review. September- October. Porter, M. E. (1996). What is strategy? Harvard Business Review 74(6), 61 -78. MAPLEWOOD